[20050411]RS20263_根据《濒危物种法》（ESA）指定关键栖息地.pdf

1 Act of December 28, 1973, P.L. 93-205, 87 Stat. 884, as amended, codified at 16 U.S.C. 1531 et seq. Responsibility for terrestrial and freshwater species rests with the Secretary of theInterior, while responsibility for marine species and anadromous fish rests with the Secretary ofCommerce.2 See 64 Fed. Reg. 31871 (June 14, 1999) when the FWS discussed this issue and called forpublic comment on the current system.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20263Updated April 11, 2005Designation of Critical Habitat under theEndangered Species Act (ESA)name redactedLegislative AttorneyAmerican Law DivisionSummaryThe agencies that implement the Endangered Species Act (ESA) regard thedesignation of critical habitat (CH) as providing only very limited benefits beyond thoseachieved through the listing of species and the avoidance of jeopardy to them. Severalcourts have now held that the relevant regulation and interpretation that result in thisconclusion are erroneous and do not carry out the intent of Congress. H.R. 1299 in the109th Congress would change the definition of CH and move the time at which criticalha