What happens if my private property is designated critical habitat for the gnatcatcher?
The designation of critical habitat on privately owned land does not mean the government would like to acquire or control the land. Activities on private lands that do not require Federal permits or funding are not affected by a critical habitat designation. Critical habitat does not require landowners to carry out any special management actions or restrict the use of their land. However, the Act prohibits any individual from engaging in unauthorized activities that will harm listed wildlife. If a landowner needs a Federal permit or receives Federal funds for a specific activity, the Federal agency would consult with the Service to determine how the action may affect the gnatcatcher or designated critical habitat. Section 7 of the Act requires Federal agencies to consult with the Service on any activities they authorize, fund, or carry out which “may affect” a listed species, or “adversely modify” its designated critical habitat. Through this consultation process, the Service can ensur
