Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt
Published Date: 1/15/2025
Proposed Rule
Summary
The U.S. Fish and Wildlife Service wants to protect the longfin smelt, a special fish living in the San Francisco Bay-Delta, by marking about 91,630 acres as critical habitat. This means certain activities in these areas might change to help the fish survive. People can share their thoughts by March 17, 2025, and an economic report is available to show how this might affect local businesses.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 3 costs, 1 mixed.
91,630 Acres Proposed as Critical Habitat
The U.S. Fish and Wildlife Service proposes to designate about 91,630 acres (37,082 hectares) in the San Francisco Bay-Delta as critical habitat for the longfin smelt. If finalized, the designation will apply to specific mapped areas in California and could affect projects or activities within those areas that involve Federal funding or authorization.
Federal Section 7 Consultation Requirement
When critical habitat is designated, any Federal agency that authorizes, funds, or carries out an action in the designated areas must consult with the Fish and Wildlife Service under section 7 to ensure the action is not likely to destroy or adversely modify critical habitat. This consultation requirement applies whenever a landowner or project seeks Federal funding or permits for activities in the mapped areas.
Possible Changes to Water and Habitat Management
The Service identifies special management needs in designated areas — such as modifying bank hardening, levee maintenance, channel dredging, sand-source reductions, and water management to mimic functional flow regimes and maintain temperatures — to address threats like altered flows, higher water temperatures, reduced food resources, invasive species, and pollutants.
Economic Impacts May Influence Final Map
The Service will consider economic impacts when finalizing the designation and may exclude specific areas under section 4(b)(2) of the Endangered Species Act if the benefits of exclusion outweigh the benefits of inclusion and excluding the area will not result in extinction. The Service has released a draft economic analysis and seeks comment on its estimates.
No Change to Land Ownership or Access
The proposed critical habitat designation does not change land ownership, does not create a refuge or reserve, does not allow government or public access to private lands, and does not require non-Federal landowners to carry out restoration or recovery actions. Landowners would only be drawn into consultation if they request Federal funding or permits affecting designated areas.
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