Why are the Services proposing critical habitat for the Gulf sturgeon?
A3: Section 4(a)(3) of the ESA, as amended, and implementing regulations at 50 CFR 424.12 require that, to the maximum extent prudent and determinable, we designate critical habitat at the time a species is determined to be endangered or threatened. Our regulations (50 CFR 424.12(a)(1)) state that designation of critical habitat is not prudent when one or both of the following situations exist–(1) The species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of such threat to the species, or (2) such designation of critical habitat would not be beneficial to the species. Initially, we determined that designation of critical habitat was not prudent. However, that determination was challenged in a lawsuit. The court ultimately ordered us to reconsider our previous decision not to designate critical habitat and submit for publication a final decision by February 28, 2003. As described in our proposed rule to des
