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Designation process

Critical habitat must be designated for all threatened species and endangered species under the Endangered Species Act, with certain specified exceptions. Designations of critical habitats must be based on the best scientific information available and follow the procedure as outlined in the ESA. Areas under consideration must contain biological or physical features necessary for the target species survival. These factors may include things such as food, shelter and breeding sites. Before adoption these areas must include a review that is open to public input from all stakeholders within specific timeframes. Unless deemed necessary for the species' continued existence, critical habitat does not include the entire geographical area occupied by a species. Department of Defense (DOD) lands are also exempt from being designated as critical habitat. Both public and private land can be specified as critical habitat.

A critical habitat designation does not set up a preserve or refuge; it applies only when Federal funding, permits, or projects are involved. Under Section 7 of the ESA, all Federal agencies must ensure that any actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of a listed species, or destroy or adversely modify its designated critical habitat.