Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Pacific Coast Population of the Western Snowy Plover

Federal RegisterMar 22, 2011

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2010-0070; MO 92210-0-0009]

RIN 1018-AX10

Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Pacific Coast Population of the Western Snowy Plover

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), propose to revise the designated critical habitat for the Pacific Coast population of the Western Snowy Plover (Pacific Coast WSP) (

Charadrius alexandrinus nivosus

) under the Endangered Species Act of 1973, as amended (Act). The areas identified in this proposed rule constitute a revision of the areas designated as critical habitat for the Pacific Coast WSP, published in the

Federal Register

on September 29, 2005. In the final rule, we designated a total of 12,145 acres (ac) (4,915 hectares (ha)) of critical habitat range-wide in 32 units in Washington, Oregon, and California. We are now proposing to revise the existing critical habitat to a total of 68 units totaling approximately 28,261 ac (11,436 ha). The area breakdown by State is as follows: Washington: 6,265 ac (2,497 ha) in 4 units; Oregon: 5,219 ac (2,112 ha) in 13 units; and California: 16,777 ac (6,789 ha) in 51 units.

DATES:

We will consider comments from all interested parties until May 23, 2011. We must receive requests for public hearings, in writing, at the address shown in the

FOR FURTHER INFORMATION CONTACT

section by May 6, 2011.

ADDRESSES:

You may submit comments by one of the following methods:

(1)

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments to Docket No. FWS-R8-ES-2010-0070.

(2)

U.S. mail or hand-delivery:

Public Comments Processing, Attn: FWS-R8-ES-2010-0070; Division of Policy and Directives Management; U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington, VA 22203.

We will not accept e-mail or faxes. We will post all comments on

http://www.regulations.gov.

This generally means that we will post any personal information you provide us (

see

Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT:

Jim Watkins, U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 95521; telephone (707) 822-7201; facsimile (707) 822-8411. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

We intend that any final action resulting from this proposed revised critical habitat rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from governmental agencies, the scientific community, industry, or other interested parties concerning this proposed revised rule. We particularly seek comments concerning:

(1) The reasons why we should or should not revise the designation of “critical habitat” under section 4 of the Act (16 U.S.C. 1531

et seq.

), including whether there are threats to the species from human activity, the degree of which can be expected to increase due to the designation, and whether that increase in threat outweighs the benefit of designation such that the designation of critical habitat is not prudent.

(2) Specific information on:

(a) Areas that provide habitat for the Pacific Coast WSP that we did not discuss in this proposed revised critical habitat rule,

(b) Areas within the geographical area occupied by the species at the time of listing that contain elements of the physical and biological features essential to the conservation of the species which may require special management considerations or protection and that we should include in the designation, and reason(s) why (

see Physical and Biological Features

section).

(3) Specific information on our proposed designation of back-dune systems and other habitats in an attempt to offset the anticipated effects of sea-level rise caused by a warming trend associated with climate change (

see Critical Habitat Units

section).

(4) Specific information on the Pacific Coast WSP, habitat conditions, and the presence of physical and biological features essential to the conservation of the species at any of the critical habitat units proposed in this revised rule (

see Critical Habitat Units

section and previous rules (64 FR 68508, December 7, 1999; 70 FR 56970, September 29, 2005)).

(5) Comments or information that may assist us in identifying or clarifying the physical and biological features essential to the conservation of the species.

(6) How the proposed revised critical habitat boundaries could be refined to more closely circumscribe the areas identified as containing the features essential to the species' conservation.

(7) How we mapped the water's edge and whether any alternative methods could be used to better determine the critical habitat boundaries.

(8) Any probable economic, national-security, or other impacts of designating particular areas as critical habitat, and, in particular, any impacts on small entities (

e.g.,

small businesses or small governments), and the benefits of including or excluding areas that exhibit these impacts.

(9) Whether any specific areas being proposed as revised critical habitat should be excluded under section 4(b)(2) of the Act, and whether the benefits of potentially excluding any particular area outweigh the benefits of including that area under section 4(b)(2) of the Act (

see

Exclusions section for further discussion).

(10) Any information regarding the areas exempted from this proposed revised rule (

see

Exemptions section for exempted units and further discussion).

(11) Information on any quantifiable economic costs or benefits of the proposed revised designation of critical habitat.

(12) Information on Tribal lands within the proposed revised designation.

(13) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments.

Our final determination concerning critical habitat for the Pacific Coast WSP will take into consideration all written comments we receive during the comment period, including comments we have requested from peer reviewers, comments we receive during a public hearing should we receive a request for one, and any additional information we receive during the 60-day comment period. Our final determination will also consider all written comments and any additional information we receive during the comment period for the draft economic analysis. All comments will be included in the public record for this rulemaking. On the basis of peer reviewer and public comments, we may, during the development of our final determination, find that areas included

in this proposal do not meet the definition of critical habitat, that some modifications to the described boundaries are appropriate, or that some areas may be excluded from the final determination under section 4(b)(2) of the Act based on Secretarial discretion.

You may submit your comments and materials concerning this proposed revised rule by one of the methods listed in the

ADDRESSES

section. Please include sufficient information with your comment to allow us to verify any scientific or commercial data you submit. We will not accept comments sent by e-mail or fax or to an address not listed in the

ADDRESSES

section.

We will post your entire comment—including your personal identifying information—on

http://www.regulations.gov.

If your written comments provide personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so.

Comments and materials we receive, as well as a list of supporting documentation we used in preparing this proposed revised rule, will be available for public inspection on

http://www.regulations.gov,

or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office (

see

FOR FURTHER INFORMATION CONTACT

You may obtain copies of this proposed revised rule by mail from the Arcata Fish and Wildlife Office (

see

FOR FURTHER INFORMATION CONTACT

) or by visiting the Federal eRulemaking Portal at

http://www.regulations.gov.

Background

It is our intent to discuss only those topics directly relevant to the designation of critical habitat in this proposed revised rule. For more information on the Pacific Coast WSP, refer to the final rule listing the species as threatened that was published in the

Federal Register

on March 5, 1993 (58 FR 12864).

See also

the discussion of habitat in the sections below.

Species Description

The western snowy plover, one of two subspecies of snowy plover recognized by the American Ornithologists' Union to nest in North America, is a small shorebird with pale brown to gray upperparts, gray to black legs and bill, and dark patches on the forehead, behind the eyes, and on either side of the upper breast (Page

et al.

1995, p. 2). The species was first described in 1758 by Linnaeus (American Ornithologists' Union 1957). The Pacific Coast distinct population segment of the western snowy plover (Pacific Coast WSP) is defined as those individuals nesting adjacent to tidal waters within 50 miles (mi) (80 kilometers (km)) of the Pacific Ocean, including all nesting birds on the mainland coast, peninsulas, offshore islands, adjacent bays, estuaries and coastal rivers. For a more complete discussion of the ecology and life history of this population, please

see

the final rule for listing the Pacific Coast WSP as a threatened species, which was published in the

Federal Register

on March 5, 1993 (58 FR 12864), or the Service's April 21, 2006, 12-month finding on a petition to delist the Pacific Coast WSP (71 FR 20607).

Life History

Pacific Coast WSPs typically forage for small invertebrates in wet or dry beach sand, tide-cast kelp (

Macrocystis

sp.), low foredune vegetation (vegetation along the coastal dune or ridge that is parallel to the shoreline), and near water seeps in salt pans. Prey species include mole crabs (

Emerita analoga

), crabs (

Pachygrapsus crassipes

), polychaete worms (Neridae,

Lumbrineris zonata, etc.

), amphipods (

Corophium

spp.,

etc.

), sand hoppers (Orchestoidea), flies (Ephydridae, Dolichopodidae), and beetles (Carabidae,

etc.

). Accordingly, beach-cleaning activities that remove kelp and rake sand can harm plover foraging success (Page

et al.

1995, p. 15; Dugan 2003, p. 138; Dugan & Hubbard 2009, p. 72).

Generally, the breeding season for Pacific Coast WSP extends from early March to late September, with birds at more southerly locations nesting earlier in the season than birds located farther north (Page

et al.

1995, p. 10). Courtship behavior and pair bonding can occur in February, and in the southern portion of the range, a few nests have been initiated as early as late-January. Males establish nesting territories from which they advertise for mates using calls and behavioral displays. Territory sizes can vary from about 0.25 to 2.5 ac (0.1 to 1.0 ha) at interior sites (Page

et al.

1995, p. 7). A study of coastal plovers found a maximum territory size of 1.2 ac (0.5 ha) in coastal salt pan habitat, but speculated in the absence of observational data that beach territories may have been larger (Warriner

et al.

1986, p. 21). After pair formation, both sexes defend the nesting territory from other plovers. The purpose of such defense is apparently unrelated to protection of food resources within the territory, since both sexes frequently forage in nonterritorial areas up to 5 mi (8 km) from the nest when not incubating, and since the chicks and attending adults typically leave the nesting territory shortly after hatching (Page

et al.

1995, p. 10).

Clutches normally consist of three eggs laid in a shallow depression scraped in the sand by the male. Such “nests” are typically located in open flat areas, often near some conspicuous feature such as a piece of driftwood (Page and Stenzel 1981, p. 2; Page

et al.

1995, p. 10). They are usually located within 328 feet (ft) (100 meters (m)) of the shore, but may be farther where shore access remains unblocked by dense vegetation (Page and Stenzel 1981, p. 2; Page

et al.

1995, p. 7). Pacific Coast WSPs also tend to nest in relatively higher densities near fresh water or brackish wetlands such as river mouths, estuaries, and tidal marshes (Page and Stenzel 1981, p. 2). They use these areas both as foraging sites, and in the case of freshwater sources, for drinking water (Page and Stenzel 1981, p. 2; Page

et al.

1995, p. 10). They may also be capable of functioning for long-periods without freshwater by subsisting on water obtained from insect prey (Purdue 1976, p. 352; Page

et al.

1995, p. 5).

Both sexes incubate the eggs; typically females during daylight hours, and males during night. The male may relieve the female for a period during the day. Females often desert the chicks approximately 1 week after hatching (Warriner

et al.

1986, p. 27; Page

et al.

1995, p. 10). The last brood of the season may be raised by both the male and female. Leaving the brood for the male to raise allows females to nest up to three times in a season, particularly in more southern areas where nesting seasons are longer in duration. Males typically stay with the chicks until they fledge (take their first flight) about 30 days after hatching. Newly hatched chicks are capable of running and foraging almost immediately; from this point, parental behavior consists of defending chicks from other plovers, brooding them in cold weather, leading them to suitable feeding areas, and warning of approaching predators. Adults may also employ distraction displays to lead predators away from their young (Page

et al.

1995, p. 9).

After their first chicks fledge, males may attempt to raise a new brood with a new partner. Both sexes will also readily attempt to renest if they lose an entire clutch of eggs or brood of chicks, assuming enough time remains in the nesting season (Page

et al.

1995, p. 12). Clutches and broods may be lost to predators, tides and storms, and human recreational activities. Examples of the latter include both repeated flushings of incubating adult plovers and direct

damage to nests or young, as a result of humans, dogs, horses, or vehicles that either approach plover nests too closely or actually overrun plovers and nests (Service 1993, p. 12872; Ruhlen

et al.

2003, p. 303).

Habitat, Geographic Range, and Status

The Pacific Coast WSP breeds primarily on coastal beaches from southern Washington to southern Baja California, Mexico. Sand spits, dune-backed beaches, beaches at creek and river mouths, and salt pans at lagoons and estuaries are the preferred habitats for nesting plovers (Wilson 1980, p. 4; Stenzel

et al.

1981, p. 14). Additional Pacific Coast WSP nesting habitats include bluff-backed beaches, dredged material disposal sites, salt ponds and their adjacent levees, and river bars (Wilson 1980, p. 4; Page and Stenzel 1981, p. 14; Powell

et al.

1996, p. 16; Tuttle

et al.

1997, p. 174). This habitat is variable because of unconsolidated soils, high winds, storms, wave action, and colonization by plants.

Small changes in the adult survival rate can have relatively large effects on population stability (Nur

et al.

1999, p. 14), so the maintenance of quality overwintering habitat is important to conservation. In western North America, both coastal and inland-nesting western snowy plovers winter along the coast (Page

et al.

1995, p. 4). Some coastal plovers migrate up or down the coast to wintering locations, while others remain at their nesting beaches. Coastal individuals may also migrate some years and not others (Warriner

et al.

1986, p. 18; Page

et al.

1995, p. 2). Beaches used for nesting are also often used for wintering, but birds will also winter at several beaches where nesting does not occur (Service 2007, p. 19). Pacific Coast WSPs also visit or nest at other non-beach habitats such as human-made salt ponds, and estuarine sand and mud flats (Page

et al.

1986, p. 4). Sites that have historically supported nesting, but which currently support only wintering plovers, have the potential to attract new nesters with appropriate management. This has been successfully carried out at Coal Oil Point and Hollywood Beach in southern California (Lafferty 2001). These management successes are important to conservation, since the loss of numerous historical nesting sites was a major consideration in the plover's original listing.

See

the final listing rule (58 FR 12864, March 5, 1993) and the Special Management Considerations or Protection section below for additional discussion of the current threats to the species in areas included in this proposed revised critical habitat designation.

Previous Federal Actions

The Pacific Coast WSP was listed as a threatened species on March 5, 1993 (58 FR 12864). A 5-year status review of the population under section 4(c)(2) of the Act was completed June 8, 2006, based on the analysis conducted for the section 4(b)(3)(B) status review for the 12-month finding on a petition to delist the Pacific Coast WSP (71 FR 20607, April 21, 2006). Because the Pacific Coast WSP was listed prior to our 1996 policy published in the

Federal Register

on February 7, 1996 (61 FR 4721) regarding recognition of distinct population segments, in our 12-month finding, we reviewed and confirmed our determination that the Pacific Coast WSP constituted a valid distinct population segment. For a complete discussion of previous Federal actions regarding the Pacific Coast WSP, please

see

the September 29, 2005, final rule to designate critical habitat for the Pacific Coast WSP (70 FR 56969).

We are revising our 2005 critical habitat designation as a result of legal action initiated by the Center for Biological Diversity on October 2, 2008, and the subsequent settlement of that action (

Center for Biological Diversity

Kempthorne, et al.,

No. C-08-4594 PJH). The complaint raised several challenges to the 2005 critical habitat designation. Under the settlement agreement that resolved this action, the Service agreed to conduct a rulemaking to consider potential revisions to the designated critical habitat for Pacific Coast WSP, to submit for publication to the

Federal Register

a proposed regulation setting forth any proposed revisions to critical habitat by December 1, 2010, and to submit a final determination on any proposed revisions to the

Federal Register

by June 5, 2012. By order dated November 30, 2010, the district court approved a modification to the settlement agreement that extends the deadline to March 1, 2011, for submission of the proposed revised critical habitat designation to the

Federal Register

. The deadline for submission of a final revised critical habitat designation to the

Federal Register

is June 5, 2012.

This proposal relies upon the best scientific and commercial data available to us, including the biological and habitat information described in the previous final rules, the Recovery Plan for the Pacific Coast WSP (Service 2007) which was released September 24, 2007 (72 FR 54279), and recognized principles of conservation biology. Similar to the previous critical habitat designations for the Pacific Coast WSP, this proposal includes units that were occupied at the time of listing that have habitat features essential to the conservation of the species. This proposal differs from the previous designations in that it includes units that may not have been occupied at the time of listing, but that have areas considered to be essential for the conservation of the species, such as those that contain degraded habitat requiring restoration. Restored habitat is essential to the species' conservation in order to offset anticipated loss of current habitat resulting from effects of sea-level rise associated with climate change.

Critical Habitat

Background

Critical habitat is defined in section 3 of the Act as:

(1) The specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features:

(a) Essential to the conservation of the species and

(b) Which may require special management considerations or protection; and

(2) Specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

Conservation, as defined under section 3 of the Act, means to use and the use of all methods and procedures that are necessary to bring any endangered or threatened species to the point at which the measures provided under the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, transplantation, and in the extraordinary case where population pressures within a given ecosystem cannot otherwise be relieved, may include regulated taking.

Critical habitat receives protection under section 7 of the Act through the requirement that Federal agencies ensure, in consultation with the Service, that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation does not allow the government or public to access private lands. Such

designation does not require implementation of restoration, recovery, or enhancement measures by non-Federal landowners. Where a landowner requests Federal agency funding or authorization for an action that may affect a listed species or critical habitat, the consultation requirements of section 7(a)(2) would apply, but even in the event of a destruction or adverse modification finding, the landowner's obligation is not to restore or recover the species, but to implement reasonable and prudent alternatives to avoid destruction or adverse modification of critical habitat.

For inclusion in a critical habitat designation, the habitat within the geographical area occupied by the species at the time it was listed must contain physical and biological features which are essential to the conservation of the species and which may require special management considerations or protection. Critical habitat designations identify, to the extent known using the best scientific and commercial data available, those physical and biological features that are essential to the conservation of the species (such as space, food, cover, and protected habitat), focusing on the principal biological or physical constituent elements (primary constituent elements) within an area that are essential to the conservation of the species (such as roost sites, nesting grounds, seasonal wetlands, water quality, tide, soil type). Primary constituent elements are the elements of physical and biological features that, when laid out in the appropriate quantity and spatial arrangement to provide for a species' life-history processes, are essential to the conservation of the species.

Under the Act, we can designate critical habitat in areas outside the geographical area occupied by the species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. We designate critical habitat in areas outside the geographical area occupied by a species only when a designation limited to its range would be inadequate to ensure the conservation of the species. When the best available scientific data do not demonstrate that the conservation needs of the species require such additional areas, we will not designate critical habitat in areas outside the geographical area occupied by the species. An area currently occupied by the species but that was not occupied at the time of listing may, however, be essential to the conservation of the species and may be included in the critical habitat designation.

Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific and commercial data available. Further, our Policy on Information Standards under the Endangered Species Act (published in the

Federal Register

on July 1, 1994 (59 FR 34271), the Information Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658), and our associated Information Quality Guidelines provide criteria, establish procedures, and provide guidance to ensure that our decisions are based on the best scientific data available. They require our biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat.

When we determine which areas should be designated as critical habitat, our primary source of information is generally the information developed during the listing process for the species. Additional information sources may include the recovery plan for the species, articles in peer-reviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge.

Habitat is often dynamic, and species may move from one area to another over time. Furthermore, we recognize that designation of critical habitat may not include all habitat areas that we may eventually determine are necessary for the recovery of the species. For these reasons, a critical habitat designation does not signal that habitat outside the designated area is unimportant or may not promote the recovery of the species.

Areas that are important to the conservation of the species, both inside and outside the critical habitat designation, will continue to be subject to: (1) Conservation actions implemented under section 7(a)(1) of the Act, (2) regulatory protections afforded by the requirement in section 7(a)(2) of the Act for Federal agencies to insure their actions are not likely to jeopardize the continued existence of any endangered or threatened species, and (3) the prohibitions of section 9 of the Act if actions occurring in these areas may affect the species. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. These protections and conservation tools will continue to contribute to recovery of this species. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, Habitat Conservation Plans (HCPs), or other species conservation planning efforts if information available at the time of these planning efforts calls for a different outcome.

Methods

As required by section 4(b) of the Act, we used the best scientific and commercial data available in determining areas that contain the features essential to the conservation of the Pacific Coast WSP. We reviewed the approach to the conservation of the Pacific Coast WSP provided in the December 7, 1999, final critical habitat designation for the Pacific Coast WSP (64 FR 68507); the September 29, 2005, final revised critical habitat designation (70 FR 56969); the Recovery Plan (Service 2007); information from Federal, State, and local government agencies; and information from academia and private organizations that collected scientific data on the species. Other information used for this proposed revised critical habitat includes: Published and unpublished papers, reports, academic theses, species and habitat surveys; Geographic Information System (GIS) data (such as species occurrence data, habitat data, land use, topography, digital aerial photography, and ownership maps); correspondence to the Service from recognized experts; site visits by Service biologists; and other information as available. Mapping for this proposed revised critical habitat designation was completed using ESRI ArcMap 9.3.1 (ESRI, Inc. 2009). Specifically, the most recent National Agriculture Imagery Program images (2009 NAIP Imagery) were used to delineate unit boundaries.

The water's edge comprises the westernmost boundary of each proposed unit. Although the images were taken at different tide levels, we believe these images represent the best mapping information as beach and river habitats change seasonally, and from year to year. In part, the dynamic nature of beach and river habitats is one reason for the differences in the size of past designated critical habitat units and those units being proposed for designation in this revised rule. Additionally, the unit boundaries were extended eastward in anticipation of sea-level rise expected as a result of climate change. We used widely accepted models to help predict the amount of sea-level rise that is likely to

occur (Baker

et al.

2006; Overpeck

et al.

2006; Pfeffer

et al.

2008; Fletcher 2009; Grinsted

et al.

2009; Mitrovica

et al.

2009; Vermeer and S. Rahmstorf 2009). Biologists used Light Detection and Ranging (LiDAR) data to help determine the extent of potential habitat loss at the water's edge resulting from future sea-level rise. As a consequence, they then extended the eastern unit boundary where appropriate to compensate for this future habitat degradation and loss.

Pacific Coast WSPs are expected to adjust their use of nesting habitat as sea level rises, provided that ample habitat is available at higher elevations. Pacific Coast WSPs have evolved to modify their use of areas due to these areas being dynamic changing habitats and are, therefore, expected to use the inland areas which we propose be restored to constitute habitat.

Maps in this revised rule use shoreline data derived from U.S. Geological Survey 7.5 minute series digital raster graphics (DRGs). Although the DRGs may not represent the exact location of the dynamic shoreline environment, they are considered to be the best vector mapping product for that purpose in common use, and are easily referenced. As a result, the depicted shoreline on the maps may not correspond directly to the proposed critical habitat unit boundaries, which were digitized using 2009 NAIP imagery. Reference information is available at:

http://topomaps.usgs.gov/drg/drg_overview.html,

7.5-minute DRG series, U.S. Geological Survey.

Physical and Biological Features

In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and regulations at 50 CFR 424.12, in determining which areas within the geographical area occupied by the species at the time of listing to designate as critical habitat, we consider the physical and biological features essential to the conservation of the species and which may require special management considerations or protection. These include, but are not limited to:

(1) Space for individual and population growth and for normal behavior;

(2) Food, water, air, light, minerals, or other nutritional or physiological requirements;

(3) Cover or shelter;

(4) Sites for breeding, reproduction, and rearing (or development) of offspring; and

(5) Habitats that are protected from disturbance or are representative of the historical, geographical, and ecological distributions of a species.

We derive the specific physical and biological features required for the Pacific Coast WSP from studies of this species' habitat, ecology, and life history as described below, in the Background section in this proposed revised rule, in the final listing rule published in the

Federal Register

on March 5, 1993 (58 FR 12864), in the designation of critical habitat published in the

Federal Register

on September 29, 2005 (70 FR 56969), and in the 12-month finding on a petition to delist the Pacific Coast WSP (71 FR 20607; April 21, 2006). On the basis of the biological needs of the population, and on the relationship of those needs to the population's habitat, as indicated by the best scientific data available and summarized below, we have determined that the Pacific Coast WSP requires the following physical and biological features:

Habitats That Are Representative of the Historical Geographical and Ecological Distribution of the Species

The Pacific Coast WSP typically utilizes flat, open areas with sandy or saline substrates; vegetation and driftwood are usually sparse or absent (Stenzel

et al.

1981, p. 18), such as sandy beaches, dune systems, salt flats, mud flats, and dredge spoil sites. They also regularly nest on gravel bars along the Eel River in northern California. Salt ponds in San Francisco Bay, and elsewhere, have become important habitat for the Pacific Coast WSP. These areas provide space for individual and population growth and for normal behavior and may provide micro-topographic relief offering refuge from high winds and cold weather and sites for nesting.

Space for Individual and Population Growth and for Normal Behavior

Pacific Coast WSPs require space for foraging and establishment of nesting territories. These areas vary widely in size depending on habitat type, habitat availability, life-history stage and activity. As stated in the Background section above, males establish nesting territories that vary from about 0.25 to 2.5 ac (0.1 to 1.0 ha) at interior sites (Page

et al.

1995, p.10) and 1.2 ac (0.5 ha) in coastal salt pan habitat, with beach territories perhaps larger (Warriner

et al.

1986, p. 18). The birds forage in nonterritorial areas up to 5 mi (8 km) from the nesting sites when not incubating. Critical habitat must, therefore, extend beyond nesting territories to include space for foraging during the nesting season, and space for overwintering, and to provide for connectivity with other portions of the Pacific Coast WSPs range. Pacific Coast WSPs may overwinter at locations where there is no current breeding, but which are historical breeding locations (

e.g.,

Dillon Beach, CA-9). Designating wintering areas as critical habitat provides essential areas for overwinter survival, provides protections for historical nesting areas, and allows connectivity between sites. Sandy beaches, dune systems immediately inland of an active beach face, salt flats, mud flats, seasonally exposed gravel bars, salt ponds and adjoining levees, and dredge spoil sites are areas that provide space for individual and population growth and for normal behavior.

Food, Water, Air, Light, Minerals, or Other Nutritional or Physiological Requirements

Pacific Coast WSPs typically forage in open areas by locating prey visually and then running to seize it with their beaks (Page

et al.

1995, p. 12). They may also probe in the sand for burrowing invertebrates, or charge flying insects that are resting on the ground, snapping at them as they flush. Accordingly they need open areas in which to forage, to facilitate both prey location and capture. Deposits of tide-cast wrack such as kelp or driftwood tend to attract certain invertebrates, and so provide important foraging sites for plovers (Page

et al.

1995, p. 12). Pacific Coast WSPs forage both above and below high tide, but not while those areas are underwater. Foraging areas will, therefore, typically be limited by water on their shoreward side, and by dense vegetation or development on their landward sides. These areas that are subject to inundation but not currently under water support essential small invertebrate food sources such as crabs, worms, flies, beetles, spiders, sand hoppers, clams, and ostracods.

Pacific Coast WSPs use sites of freshwater for drinking where available, but some historical nesting sites, particularly in southern California, have no obvious nearby freshwater sources. Adults and chicks in those areas must be assumed to obtain their necessary water from the food they eat. Accordingly we have not included freshwater sites among the essential features of habitat for the population.

Cover or Shelter

Pacific Coast WSPs and their eggs are well camouflaged against light-colored, sandy, or pebbly backgrounds (Page

et al.

1995, p. 12). Open areas with these substrates actually constitute shelter for purposes of nesting and foraging. Such areas provide little cover to predators, and allow plovers to fully utilize their

camouflage and running speed. Pacific Coast WSPs are visually oriented and rely on open landscapes to detect predators. Chicks and adults may also crouch amongst the sand and pebbles or near driftwood, dune plants, and piles of kelp in an attempt to blend into their surroundings in plain sight (crypsis) as a means to hide from predators (Page and Stenzel 1981, p. 7; Stevens and Merilaita 2009, p. 423). Open areas do not provide shelter from winds, storms, and the extreme high tides associated with such events, and these conditions cause many nest losses. Pacific Coast WSP readily scrape blown sand out of their nests, but there is little they can do to protect their nests against serious storms or flooding other than to attempt to lay a new clutch if the old one is lost (Page

et al.

1995, p. 8).

Sandy beaches, dune systems immediately inland of an active beach face, salt flats, mud flats, seasonally exposed gravel bars, salt ponds and adjoining levees, and dredge spoil sites are areas that may provide micro-topographic relief offering refuge from high winds and cold weather and sites for nesting. Surf- or water-deposited organic debris such as seaweed or driftwood located on open substrates supports and attracts small invertebrates that plovers eat, provides cover or shelter from predators and weather, and assists in avoidance of detection (crypsis) for nests, chicks, and incubating adults.

No studies have quantified the amount of vegetation cover that would make an area unsuitable for nesting or foraging, but coastal nesting and foraging locations typically have relatively well-defined boundaries between open sandy substrate favorable to Pacific Coast WSPs and unfavorably dense vegetation inland. These bounds show up well in aerial and satellite photographs, which we used to map essential habitat features.

Undisturbed Areas

Disturbance of nesting or brooding plovers by humans and domestic animals is a major factor affecting nesting success. Pacific Coast WSPs leave their nests when humans or pets approach too closely. Dogs may also deliberately chase plovers and may trample nests, while vehicles may directly crush adults, chicks, or nests, separate chicks from brooding adults, and interfere with foraging and mating activities (Warriner

et al.

1986, p. 25; Service 1993, p. 12871; Ruhlen

et al.

2003, p. 303). Repeated flushing of incubating plovers exposes the eggs to the weather and depletes energy reserves needed by the adult, which may result in reductions in nesting success. Surveys at Vandenberg Air Force Base, California, from 1994 to 1997, found the rate of nest loss on southern beaches at the Base to be consistently higher than on northern beaches where recreational use was much lower (Persons and Applegate 1997, p. 8). Ruhlen

et al.

(2003, p. 303) found that increased human activities on Point Reyes beaches resulted in a lower chick survival rate.

Recent efforts in various areas along the Pacific Coast that have been implemented to isolate nesting plovers from recreational beach users through the use of docents, symbolic fencing (post and signage or single rope fencing), and public outreach, have correlated with higher nesting success in those areas (Page

et al.

2003, p. 3). The level of acceptable disturbance varies by site and is partially dependent upon the level of human use when Pacific Coast WSPs initiate courtship and nesting. Pacific Coast WSPs have had reproductive success in both highly disturbed areas (

e.g.,

Oceano Dunes State Vehicular Recreation Area), and areas that for the most part have been off-limits to direct human-related activities (

e.g.,

Vandenberg Air Force Base). Predators at some sites can provide a significant level of disturbance, as well as loss of eggs, chicks, and adults.

Sites for Breeding, Reproduction, and Rearing (or Development) of Offspring

Pacific Coast WSPs nest in depressions in open, relatively flat areas, near to tidal waters but far enough away to avoid being inundated by daily tides. Typical substrate is beach sand, but plovers may also lay their eggs in existing depressions in harder ground, such as salt pan, cobblestones, or dredge tailings. Where available, dune systems with numerous flat areas and easy access to the shore are particularly favored for nesting. Plover nesting areas must provide shelter from predators and human disturbance, as discussed above. Unfledged chicks forage with one or both parents, using the same foraging areas and behaviors as adults.

Primary Constituent Elements for the Pacific Coast Western Snowy Plover

Under the Act and its implementing regulations, we are required to identify the physical and biological features essential to the conservation of the Pacific Coast WSP in areas occupied at the time of listing, focusing on the features' primary constituent elements. We consider primary constituent elements to be the elements of physical and biological features that, when laid out in the appropriate quantity and spatial arrangement to provide for a species' life-history processes, are essential to the conservation of the species. We are proposing to designate critical habitat in areas within the geographical areas that were occupied by the species at the time of listing, that contain the primary constituent elements in the quantity and spatial arrangement to support life-history functions essential to the conservation of the species, and that may require special management considerations or protection. We are also proposing to designate areas outside the geographical area occupied by the species at the time of listing because we consider these areas essential for the conservation of the species. These sites are within the range of the Pacific Coast WSP, and were used by the species prior to listing. Due to habitat degradation and loss resulting from rising sea level, human development, and encroachment, we believe it prudent to include these additional sites in our designation to allow an expanding Pacific Coast WSP population to adjust to natural occurring dynamic conditions and threats.

See Criteria Used To Identify Critical Habitat

section below for a discussion of the species' geographic range.

We are proposing critical habitat designation of areas that provide some or all of the elements of physical or biological features essential to the conservation of this species. The conservation of the Pacific Coast WSP is dependent upon multiple factors, including the conservation and management of areas to maintain normal ecological functions, where existing populations survive and reproduce. The areas proposed as critical habitat in this rule contain the quantity and arrangement of elements of physical and biological features we believe are essential for the conservation and recovery of the Pacific Coast WSP. The amount and distribution of areas proposed to be designated allow for the Pacific Coast WSP populations to be distributed throughout the area currently occupied and to return to areas formerly occupied within their range, to support recovery criteria outlined for each recovery unit, and, consequently, to support recovery range-wide (

see

recovery criteria in Service 2007). Based on the best available information, the primary constituent elements essential to conservation of the Pacific Coast WSP are the following:

Sandy beaches, dune systems immediately inland of an active beach face, salt flats, mud flats, seasonally exposed gravel bars, artificial salt ponds

and adjoining levees, and dredge spoil sites, with:

(1) Areas that are below heavily vegetated areas or developed areas and above the daily high tides,

(2) Shoreline habitat areas for feeding, with no or very sparse vegetation, that are between the annual low tide or low-water flow and annual high tide or high-water flow, subject to inundation but not constantly under water,

(3) Surf- or water-deposited organic debris located on open substrates, and

(4) Minimal disturbance from the presence of humans, pets, vehicles, or human-attracted predators.

The proposed critical habitat in this revised proposed rule contains the primary constituent elements in the appropriate quantity and spatial arrangement essential to the conservation of the Pacific Coast WSP, and supports multiple life processes for the species. Portions of some proposed critical habitat units may be currently degraded; however, these areas could be restored with special management, thereby providing suitable habitat to offset habitat loss from anticipated sea-level rise resulting from climate change. Additional areas are proposed as critical habitat to allow a recovering Pacific Coast WSP population to occupy its former range, and allow adjustment to changing conditions (

e.g.,

shifting sand dunes), expected sea-level rise, and human encroachment.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the physical and biological features within the geographical area occupied by the species at the time of listing that are essential to the conservation of the species may require special management considerations or protection.

All areas included in our proposed revision of critical habitat will require some level of management to address the current and future threats to the physical and biological features essential to the conservation of the Pacific Coast WSP. Special management considerations or protection may be required to minimize habitat destruction, degradation, and fragmentation associated with the following threats, among others: Water diversions, stabilized dunes and watercourses associated with urban development, human recreational activities, off-highway vehicle (OHV) use, beach raking, pets, nonnative vegetation, resource extraction, and fishing.

Water diversions reduce the transport of sediments which contribute to suitable nesting and foraging substrates. Stabilized dunes and watercourses associated with urban development alter the dynamic processes of beach and river systems, thereby reducing the open nature of suitable habitat needed for predator detection. Human recreational activities disturb foraging or nesting activities, or may attract and provide cover for approaching predators. The use of OHVs has been documented to crush plover nests and strike plover adults. Beach raking or grooming can remove wrack, reducing food resources and cover, and contributing to beach erosion. Pets (leashed and unleashed) can cause incubating adults to leave the nest and establish trails in the sand that can lead predators to the nest. Nonnative vegetation reduces visibility plovers need to detect predators, and occupies otherwise suitable habitat. Resource extraction can disturb incubating, brooding, or foraging plovers. Fishing can disturb Pacific Coast WSPs and can attract predators by the presence of fish offal and bait (Lafferty 2001, p. 2222; Dugan 2003, p. 134; Schlacher

et al.

2007, p. 557; Service 2007, p. 33; Dugan and Hubbard 2010, p. 67).

For discussion of the threats to the Pacific Coast WSP and its habitat, please

see

the Summary of Comments and Recommendations and Summary of Factors Affecting the Species sections of the 12-Month Finding on the Petition to Delist the Pacific Coast WPS (71 FR 20607, April 21, 2006), the final listing rule (58 FR 12864, March 5, 1993) and the Public Comments and Critical Habitat Unit Descriptions sections of the final critical habitat rule (70 FR 56970, September 29, 2005). Please also

see Critical Habitat Units

section below for a discussion of the threats in each of the proposed revised critical habitat units.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(1)(A) of the Act, we use the best scientific and commercial data available to designate critical habitat. We review available information pertaining to the habitat requirements of the species. In accordance with the Act and its implementing regulation at 50 CFR 424.12(e), we consider whether designating additional areas—outside those currently occupied as well as those occupied at the time of listing—are necessary to ensure the conservation of the species. We are proposing to designate critical habitat in areas within the geographical area occupied by the species at the time of listing in 1993. We also are proposing to designate specific areas outside the geographical area occupied by the species at the time of listing because such areas are essential for the conservation of the species. We have determined that limiting the designation of critical habitat to those areas that were considered occupied at the time of listing is no longer sufficient to conserve the species because:

(1) There has been considerable loss and degradation of habitat throughout the species range since the time of listing;

(2) We anticipate a further loss of habitat in the future due to sea-level rise resulting from climate change, and;

(3) The species needs habitat areas that are arranged spatially in a way that will maintain connectivity and allow dispersal within and between units.

The amount and distribution of critical habitat being proposed for designation will allow populations of Pacific Coast WSP to:

(1) Maintain their existing distribution;

(2) Increase their distribution into previously occupied areas (needed to offset habitat loss and fragmentation);

(3) Move between areas depending on resource and habitat availability (response to changing nature of coastal beach habitat) and support genetic interchange;

(4) Increase the size of each population to a level where the threats of genetic, demographic, and normal environmental uncertainties are diminished; and

(5) Maintain their ability to withstand local or unit level environmental fluctuations or catastrophes.

All areas proposed for critical habitat designation are within the historical range of the species. We have identified areas to include in this proposed designation by applying Criteria 1 through 6 below. In an effort to update our 2005 final designation of critical habitat for the Pacific Coast WSP, we used the best available information on occupancy and habitat conditions of areas that were analyzed in 2005 and considered other areas throughout the species historical range to determine whether to add areas to or remove areas from this proposal to revise critical habitat.

We used the following criteria to select appropriate units for this proposed revised rule:

(1)

Areas throughout the range of the Pacific Coast WSP located to allow the species to move and expand:

The dynamic nature of beach, dune, and similar habitats necessitates that Pacific Coast WSPs move to adjust for changes in habitat availability, food sources, and

pressures on survivorship or reproductive success (Colwell

et al.

2009; p. 5). Designating units in sufficient amount and in spatially appropriate areas throughout the range of the Pacific Coast WSP allows for seasonal migration, year-to-year movements, and expansion of the Pacific Coast WSP to its historical boundaries. We consider this necessary to conserve the species because it assists in counterbalancing catastrophes, such as extreme climatic events, oil spills, or disease that might depress regional survival or productivity. Having units across the species' range helps in maintaining a robust, well distributed population and enhances survival and productivity of the Pacific Coast WSP as a whole, facilitates interchange of genetic material between units, and promotes recolonization of any sites that experience declines or local extirpations due to low productivity or temporary habitat loss. By way of example, Recovery Unit 2 in northern California (Service 2007; p. 129) currently relies on the immigration of breeding adults from other units to maintain its population as reproductive success remains low (Colwell

et al.

2009; p. 4). Maintaining good habitat distribution is essential to maintaining a healthy range-wide population, reducing the potential for a gap in the Pacific Coast WSP's range to develop. Within this designation, we focused on areas within the six recovery units identified in the Recovery Plan (Service 2007, Appendix A).

(2)

Breeding areas:

Areas identified in the Recovery Plan (Service 2007) known to support breeding Pacific Coast WSP were selected. Selected sites include historical breeding areas and areas currently being used by breeding plovers. These areas are essential to the conservation of the species because they contain the physical and biological features necessary for Pacific Coast WSPs to breed and produce offspring and ensure that population increases are distributed throughout the Pacific Coast WSP's range. By selecting breeding areas across the Pacific Coast WSP's range, we can assist in conserving the species' genetic and demographic robustness and important life-history stages for long-term sustainability of the entire listed species. Some breeding areas are occupied year-round and also are used as wintering areas by a portion of the population.

(3)

Wintering areas:

Major wintering sites not already selected under criterion 2 above were added. A “major” wintering site is defined as one that supports more wintering birds than average for the geographical region based on current or historical numbers. We believe these areas are necessary to provide sufficient habitat for the survival of Pacific Coast WSPs during the nonbreeding season as they allow for dispersal of adults or juveniles to nonbreeding sites and provide roosting and foraging opportunities and shelter during inclement weather.

(4)

Diverse habitat:

Additional sites were added that provide diverse habitat (mud flats, gravel bars, or salt ponds and salt pond levees), or that are situated to facilitate interchange between otherwise widely separated units. This criterion is based on standard conservation biology principles; by protecting a variety of habitats and facilitating interchange between them, we increase the ability of the species to adjust to various limiting factors that affect the population, such as predators, disease, major storms, habitat loss and degradation, and rise in sea level.

(5)

Areas to maintain connectivity of habitat:

Some areas that may be seasonally lacking in certain elements of essential physical and biological features and that contain marginal habitat were included if they were contiguous with areas containing one or more of those elements and if they contribute to the hydrologic and geologic processes essential to the ecological function of the system. These areas are essential to the conservation of the species because they maintain connectivity within populations, allow for species movement throughout the course of a given year, and allow for population expansion.

(6)

Restoration areas:

We have selected some areas within occupied units that, once restored, would be able to support the Pacific Coast WSP. These areas generally are upland habitats, adjacent to beach and other areas used by the species, and contain introduced vegetation such as European beach grass (

Ammophila arenaria

) that currently limits use of the area by the species. These areas would provide habitat to off-set the anticipated loss and degradation of habitat due to sea-level rise expected from the effects of climate change or due to development. These areas previously contained and would still contain the features essential to the conservation of the species once removal of the beachgrass and restoration of the area has occurred.

In order to translate the criteria above to the areas on the ground, we used the following methodology to identify the mapped boundaries of critical habitat for the Pacific Coast WSP:

(1) We digitally mapped occurrence data within the range of the Pacific Coast WSP at the time and subsequent to the time of listing in the form of polygons and points using ArcMap 9.3.1 (ESRI 2009). An attempt was made to consider site-specific survey data that was both current and historical. Survey information used in this designation was compiled from several sources during various timeframes as identified in the Recovery Plan (Service 2007, Appendix B);

(2) We utilized National Agriculture Imagery Program (NAIP 2009) aerial imagery with a 3.3 ft (1 m) resolution to determine the lateral extent (width) between the water and upland areas of habitat. The western (seaward) boundary of the coastal units is the water's edge, which varies daily with each changing tide, and will vary seasonally with storm surges, and sand erosion and deposition. For mapping purposes, the western boundary of the coastal units is the water's edge based on the 2009 NAIP imagery. Given the dynamic nature of coastal beaches, riparian areas, and salt pond management, we also delineated the lateral extent to encompass the entire area up to the lower edge of permanent upland vegetation or to the edge of a permanent barrier, such as a bluff, levee, sea wall, human development,

etc.

Using aerial imagery (NAIP 2009), we also delineated the northern and southern extents of the proposed units to include the beach areas associated with the occurrence information identified above.

When determining proposed revised critical habitat boundaries, we made every effort to avoid including developed areas, such as lands covered by buildings, sea walls, pavement, and other structures, because these areas lack physical and biological features for the Pacific Coast WSP. The scale of maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed lands. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this proposed revised critical habitat have been excluded by text in this proposed revised rule and are not proposed for designation as critical habitat. Therefore, if the critical habitat is finalized as proposed, a Federal action involving these lands would not trigger section 7 consultation with respect to critical habitat and the requirement of no adverse modification unless the specific action would affect the physical and biological features in adjacent critical habitat.

In this proposed rule to revise critical habitat, we are proposing to designate lands that we have determined were within the geographic area occupied at the time of listing and contain sufficient

elements of physical and biological features to support life-history processes essential to the conservation of the species. We are also proposing to designate lands outside of the geographical area occupied at the time of listing that we have determined are essential for the conservation of the Pacific Coast WSP. Units are proposed for revised designation based on the presence of elements of physical and biological features essential to the conservation of the species, not all of which are present in each unit, but which are contained in levels that support Pacific Coast WSP life-history processes. Some units contain all of the identified elements of physical and biological features and thus support multiple life-history processes. Some units contain only some elements of the physical and biological features and thus support the Pacific Coast WSP's particular use of that habitat.

Summary of Changes From Previously Designated Critical Habitat

The areas identified in this proposed revised rule constitute a revision of the areas designated as critical habitat for the Pacific Coast WSP on September 29, 2005 (70 FR 56969). In the 2005 final rule, we designated approximately 12,145 ac (4,921 ha) of critical habitat in a total of 32 units within the States of Washington, Oregon, and California. Refer to that final rule to compare critical habitat designations in 2005 with those being proposed here. Table 1 below outlines the changes in areas in each unit or subunit between the 2005 final critical habitat rule and this proposed revised critical habitat rule. This proposed revision contains significant changes to the number of units and amount of acreage compared to the designation in 2005. These changes are based on updated information, changes to our criteria and methodologies for determining areas essential to the conservation of the Pacific Coast WSP, or exclusions based on section 4(b)(2) of the Act.

A total of 39 new units and 16,116 ac (6,522 ha) are being proposed that were not designated in 2005. Of these, three (3) units in Washington are new or have new extensions; 8 units are new in Oregon; and 28 units are newly proposed in California. One (1) unit was designated as critical habitat in 2005 (San Onofre Beach, then designated as Unit CA 24), but is being exempted under section 4(a)(3) of the Act and is not being proposed in this revised rule (

see

Application of Section 4(a)(3) of the Endangered Species Act section below).

Table 1—A Comparison of the Areas (in Acres and Hectares) Identified as Containing Features Essential to the Conservation of the Pacific Coast WSP in the 2005 Final Critical Habitat Designation and This 2010 Proposed Revised Critical Habitat Designation

[Values in this table may not sum due to rounding]

Unit No.

Unit name

2005

Acres

Hectares

2010

Acres

Hectares

Washington

WA 1

Copalis Spit

407

165

WA 2

Damon Point

908

367

673

272

WA 3A

Midway Beach

786

318

697

282

WA 3B

Shoalwater/Graveyard

1,121

454

WA Unit 3 Totals

786

318

1,818

736

WA 4A

Ledbetter Spit

832

337

2,463

997

WA 4B

Gunpowder Sands Island

904

366

WA Unit 4 Totals

832

337

3,367

1,363

WASHINGTON STATE TOTALS

2,526

1,023

6,265

2,535

Oregon

OR 1

Columbia River Spit

169

OR 2

Necanicum River Spit

211

OR 3

Nehalem River Spit

299

121

OR 4

Bayocean Spit

207

83.5

367

148

OR 5

Netarts Spit

541

219

OR 6

Sand Lake South

200

OR 7

Sutton/Baker Beaches

260

105

372

151

OR 8A

Siltcoos Breach

OR 8B

Siltcoos River Spit

241

OR 8C

Dunes Overlook/Tahkenitch Creek Spit

527

213

716

290

OR 8D

North Umpqua River Spit

236

Unit OR-8 Totals

535

217

1,208

489

OR 9

Tenmile Creek Spit

234.5

244

OR 10

Coos Bay North Spit

278

113

308

125

OR 11

Bandon to New River

632

256

1,016

411

OR 12 *

Elk River Spit

167

OR 13

Euchre Creek

116

OREGON STATE TOTALS

2,146.5

868.5

5,219

2,112

California

CA 1

Lake Earl

CA 2

Gold Bluffs Beach

144

CA 3a

Humboldt Lagoons—Stone Lagoon

CA 3b

Humboldt Lagoons—Big Lagoon

280

113

212

Unit CA-3 Totals

280

113

264

107

CA 4a

Clam Beach/Little River

155

194

CA 4b

Mad River

377

153

456

185

Unit CA-4 Totals

532

215

650

263

CA 5a

Humboldt Bay South Spit

375

152

419

170

CA 5b

Eel River North Spit/Beach

283

114

259

105

CA 5c

Eel River South Spit/Beach

402

163

339

137

Unit CA-5 Totals

1,060

429

1,017

412

CA 6

Eel River Gravel Bars

1,193

483

1,139

461

CA 7

MacKerricher Beach

1,048

424

1,176

476

CA 8

Manchester Beach

341

138

482

195

CA 9

Dillon Beach

CA 10A

Pt Reyes

462

187

460

186

CA 10B

Limantour

124

156

Unit CA-10 Totals

586

237

617

250

CA 11

Napa

618

250

CA 12

Hayward

CA 13A

Eden Landing

237

CA 13B

Eden Landing

171

CA 13C

Eden Landing

609

246

Unit CA-13 Totals

1,016

411

CA 14

Ravenswood

CA 15

Warm Springs

168

CA 16

Half Moon Bay

CA 17

Waddell Creek Beach

CA 18

Scott Creek Beach

CA 19

Wilder Creek Beach

CA 20

Jetty Road to Aptos

399

161

CA 21

Elkhorn Slough Mudflats

281

114

281

114

CA 22

Monterey to Moss Landing

967

391

CA 23

Point Sur Beach

CA 24

San Carpoforo Creek

CA 25

Arroyo Laguna Creek

CA 26

San Simeon State Beach

CA 27

Villa Creek Beach

CA 28

Toro Creek

CA 29

Atascadero Beach/Morro Strand SB

213

CA 30

Morro Bay Beach

1,076

435

CA 31

Pismo Beach/Nipomo Dunes

1,652

669

CA 32

Vandenberg North

711

288

CA 33

Vandenberg South

423

171

CA 34

Devereaux Beach

CA 35

Santa Barbara Beaches

CA 36

Santa Rosa Island Beaches

586

237

CA 37

San Buenaventura Beach

CA 38

Mandalay to Santa Clara River

350

142

672

272

CA 39

Ormond Beach

175

320

130

CA 40

Mugu Lagoon South

CA 43

Zuma Beach

CA 44

Malibu Beach

CA 45A

Santa Monica Beach

CA 45B

Dockweiler North

CA 45C

Dockweiler South

CA 45D

Hermosa State Beach

Unit CA-45 Totals

102

173

CA 46A

Bolsa Chica Reserve

591

239

484

196

CA 46B

Bolsa Chica Reserve

CA 46C

Bolsa Chica Reserve

CA 46D

Bolsa Chica Reserve

CA 46E

Bolsa Chica State Beach

Unit CA-46 Totals

595

241

518

210

CA 47

Santa Ana River Mouth

CA 48

Balboa Beach

San Onofre Beach (Unit CA-24 in 2005)

CA 50A

Batiquitos Lagoon

CA 50B

Batiquitos Lagoon

CA 50C

Batiquitos Lagoon

Unit CA-50 Totals

CA 51A

San Elijo Lagoon Ecological Reserve

CA 51B

San Elijo Lagoon Ecological Reserve

CA 51C

San Elijo Lagoon Ecological Reserve

Unit CA-51 Totals

CA 52A

San Dieguito Lagoon

CA 52B

San Dieguito Lagoon

CA 52C

San Dieguito Lagoon

Unit CA-52 Totals

CA 53

Los Penasquitos Lagoon

CA 54A

Fiesta Island

CA 54B

Mariner's Point

CA 54C

South Mission Beach

CA 54D

San Diego River Channel

Unit CA-54 Totals

CA 55B

Coronado Beach

CA 55E

Sweetwater Marsh National Wildlife Refuge and D Street Fill

128

132

CA 55F

Silver Strand State Beach

CA 55G

Chula Vista Wildlife Reserve

CA 55I

San Diego National Wildlife Refuge, South Bay Unit

CA 55J

Tijuana Estuary and Beach

182

150

Unit CA-55 Totals

354

143

453

183

CALIFORNIA TOTALS

7,477

3,029

16,777

6,789

WASHINGTON, OREGON, CALIFORNIA GRAND TOTALS

12,145

4,921

28,261

11,437

Some areas being proposed as revised critical habitat were omitted from the 2005 final rule. We have subsequently concluded that they are essential to the conservation of the species based on our current criteria for determining critical habitat (

see Criteria Used To Identify Critical Habitat

section and information outlined below). Most of the units excluded between the 2004 proposed rule and the 2005 final rule were excluded for economic reasons under section 4(b)(2) of the Act. The economic analysis for that rule quantified coextensive economic impacts of both

the listing and critical habitat for the Pacific Coast WSP. We now analyze economic impacts of proposed critical habitat designations by comparing scenarios both “with critical habitat” and “without critical habitat.” The “without critical habitat” scenario represents the baseline for the analysis, considering protections already in place for the species (

e.g.,

under the Federal listing and other Federal, State, and local regulations), and representing the costs incurred regardless of whether critical habitat is designated. The “with critical habitat” scenario describes the incremental impacts associated specifically with the designation of critical habitat for the species, the costs of which are solely attributable to the designation of critical habitat, above and beyond the baseline costs. Incremental impacts are the costs we now consider in the final designation of critical habitat when evaluating the benefits of excluding particular areas under section 4(b)(2) of the Act. We are currently in the process of conducting a new economic analysis on this proposed designation (

see

Economic Impacts section below).

Proposed Revised Critical Habitat Designation

We are proposing 28,261 ac (11,437 ha) in 68 units as revised critical habitat for the Pacific Coast WSP: 6,265 ac (2,535 ha) in 4 units in Washington; 5,219 ac (2,112 ha) in 13 units in Oregon; and 16,777 ac (6,789 ha) in 51 units in California. The critical habitat areas described below constitute our current assessment of areas that meet the definition of critical habitat for the Pacific Coast WSP. Table 2 shows the occupied units. The approximate area and ownership of each proposed revised critical habitat unit is shown in Table 3. These units, if finalized, will replace the current critical habitat designation for the Pacific Coast WSP in 50 CFR 17.95.

Table 2—Occupancy of Pacific Coast WSP by Proposed Revised Critical Habitat Units

Unit

Name

Occupied at time of listing?

Currently occupied

WA 1

Copalis Spit

No.

WA 2

Damon Point

Yes

Yes.

WA 3A

Midway Beach

Yes

Yes.

WA 3B *

Shoalwater/Graveyard

Yes

Yes.

WA 4A

Leadbetter Spit

Yes

Yes.

WA 4B

Gunpowder Sands Island

Yes

No.

OR 1

Columbia River Spit

No.

OR 2

Necanicum River Spit

No.

OR 3

Nehalem River Spit

Yes.

OR 4

Bayocean Spit

Yes

Yes.

OR 5

Netarts Spit

No.

OR 6

Sand Lake South

No.

OR 7

Sutton/Baker Beaches

Yes

Yes.

OR 8A

Siltcoos Breach

Yes

Yes.

OR 8B

Siltcoos River Spit

Yes

Yes.

OR 8C

Dunes Overlook/Tahkenitch Creek Spit

Yes

Yes.

OR 8D

North Umpqua River Spit

No.

OR 9

Tenmile Creek Spit

Yes

Yes.

OR 10

Coos Bay North Spit

Yes

Yes.

OR 11

Bandon to New River

Yes

Yes.

OR 12 *

Elk River Spit

No.

OR 13

Euchre Creek

No.

CA 1

Lake Earl

Yes

Yes.

CA 2

Gold Bluffs Beach

Yes

Yes.

CA 3a

Humboldt Lagoons—Stone Lagoon

Yes

Yes.

CA 3b

Humboldt Lagoons—Big Lagoon

Yes

Yes.

CA 4a

Clam Beach/Little River

Yes

Yes.

CA 4b

Mad River

Yes

Yes.

CA 5a

Humboldt Bay South Spit

Yes

Yes.

CA 5b

Eel River North Spit/Beach

Yes

Yes.

CA 5c

Eel River South Spit/Beach

Yes

Yes.

CA 6

Eel River Gravel Bars

Yes

Yes.

CA 7

MacKerricher Beach

Yes

Yes.

CA 8

Manchester Beach

Yes.

CA 9

Dillon Beach

Yes

Yes.

CA 10A

Pt Reyes

Yes

Yes.

CA 10B

Limantour

Yes

Yes.

CA 11

Napa

Yes

Yes.

CA 12

Hayward

Yes

Yes.

CA 13A

Yes

Yes.

CA 13B

Eden Landing

Yes

Yes.

CA 13C

Yes

Yes.

CA 14

Ravenswood

Yes

Yes.

CA 15

Warm Springs

Yes

Yes.

CA 16

Half Moon Bay

Yes

Yes.

CA 17

Waddell Creek Beach

Yes

No.

CA 18

Scott Creek Beach

Yes

Yes.

CA 19

Wilder Creek Beach

Yes

Yes.

CA 20

Jetty Road to Aptos

Yes

Yes.

CA 21

Elkhorn Slough Mudflats

Yes

Yes.

CA 22

Monterey to Moss Landing

Yes

Yes.

CA 23

Point Sur Beach

Yes

Yes.

CA 24

San Carpoforo Creek

Yes

Yes.

CA 25

Arroyo Laguna Creek

Yes

Yes.

CA 26

San Simeon State Beach

Yes

Yes.

CA 27

Villa Creek Beach

Yes

Yes.

CA 28

Toro Creek

Yes

Yes.

CA 29

Atascadero Beach/Morro Strand SB

Yes

Yes.

CA 30

Morro Bay Beach

Yes

Yes.

CA 31

Pismo Beach/Nipomo Dunes

Yes

Yes.

CA 32

Vandenberg North

Yes

Yes.

CA 33

Vandenberg South

Yes

Yes.

CA 34

Devereaux Beach

Yes

Yes.

CA 35

Santa Barbara Beaches

Yes

Yes.

CA 36

Santa Rosa Island Beaches

Yes

Yes.

CA 37

San Buenaventura Beach

Yes

Yes.

CA 38

Mandalay to Santa Clara River

Yes

Yes.

CA 39

Ormond Beach

Yes

Yes.

CA 43

Zuma Beach

Yes

Yes.

CA 44

Malibu Beach

Yes

Yes.

CA 45A

Santa Monica Beach

Yes

Yes.

CA 45B

Dockweiler North

Yes

Yes.

CA 45C

Dockweiler South

Yes

Yes.

CA 45D

Hermosa State Beach

Yes

Yes.

CA 46A

Yes

Yes.

CA 46B

Bolsa Chica Reserve

Yes

Yes.

CA 46C

Yes

Yes.

CA 46D

Yes

Yes.

CA 46E

Bolsa Chica State Beach

Yes

Yes.

CA 47

Santa Ana River Mouth

No.

CA 48

Balboa Beach

Yes

Yes.

CA 50A

Yes

Yes.

CA 50B

Batiquitos Lagoon

Yes

Yes.

CA 50C

Yes

Yes.

CA 51A

Yes

Yes.

CA 51B

San Elijo Lagoon Ecological Reserve

Yes

Yes.

CA 51C

Yes

Yes.

CA 52A

Yes

Yes.

CA 52B

San Dieguito Lagoon

Yes

Yes.

CA 52C

Yes

Yes.

CA 53

Los Penasquitos Lagoon

Yes

Yes.

CA 54A

Fiesta Island

Yes

No.

CA 54B

Mariner's Point

Yes

Yes.

CA 54C

South Mission Beach

Yes

Yes.

CA 54D

San Diego River Channel

Yes

Yes.

CA 55B

Coronado Beach

Yes

Yes.

CA 55E

Sweetwater Marsh National Wildlife Refuge

Yes

Yes.

CA 55F

Silver Strand State Beach

Yes

Yes.

CA 55G

Chula Vista Wildlife Reserve

Yes

No.

CA 55I

San Diego National Wildlife Refuge, South Bay Unit

Yes

Yes.

CA 55J

Tijuana Estuary and Beach

Yes

Yes.

* Unit or portions of unit may be considered for exclusion in the final critical habitat rule under section 4(b)(2) of the Act.

Table 3—Proposed Revised Critical Habitat for the Pacific Coast WSP Showing Federal, State, Tribal, and Other (Private and Local Government) Land Ownership

Unit No.

Unit name

Total

Federal

Tribal

State

Other

Washington

WA 1

Copalis Spit

407

165

407

165

WA 2

Damon Point

673

272

648

262

WA 3A

Midway Beach

697

282

697

282

WA 3B*

Shoalwater/Graveyard

1,121

454

336

136

505

204

280

113

Unit WA-3 Totals

1,818

735

336

136

1,202

486

280

113

WA 4A

Leadbetter Spit

2,463

997

2,026

820

437

177

WA 4B

Gunpowder Sands Island

904

366

904

366

Unit WA-4 Totals

3,367

1,363

2,930

1,186

437

177

WASHINGTON STATE TOTALS

6,265

2,535

2,930

1,186

336

136

2,694

1,090

305

123

Oregon

OR 1

Columbia River Spit

169

OR 2

Necanicum River Spit

211

161

OR 3

Nehalem River Spit

299

121

299

121

OR 4

Bayocean Spit

367

148

279

113

OR 5

Netarts Spit

541

219

541

219

OR 6

Sand Lake South

200

OR 7

Sutton/Baker Beaches

372

151

372

151

OR 8A

Siltcoos Breach

OR 8B

Siltcoos River Spit

241

OR 8C

Dunes Overlook/Tahkenitch Creek Spit

716

290

716

290

OR 8D

North Umpqua River Spit

236

151

Unit OR-8 Totals

1,208

489

1,123

454

OR 9

Tenmile Creek Spit

244

OR 10

Coos Bay North Spit

308

125

308

125

OR 11

Bandon to New River

1,016

411

459

186

267

108

290

117

OR 12*

Elk River Spit

167

OR 13

Euchre Creek

116

OREGON STATE TOTALS

5,219

2,112

2,955

1,196

1,353

547

911

369

California

CA 1

Lake Earl

CA 2

Gold Bluffs Beach

144

CA 3A

Humboldt Lagoons—Stone Lagoon

CA 3B

Humboldt Lagoons—Big Lagoon

212

174

Unit CA-3 Totals

264

107

226

CA 4A

Clam Beach/Little River

194

115

CA 4B

Mad River

456

185

152

304

123

Unit CA-4 Totals

650

263

231

419

170

CA 5A

Humboldt Bay South Spit

419

170

383

155

CA 5B

Eel River North Spit/Beach

259

105

252

102

CA 5C

Eel River South Spit/Beach

339

137

317

128

Unit CA-5 Totals

1,017

412

952

385

CA 6

Eel River Gravel Bars

1,139

461

1,057

428

CA 7

MacKerricher Beach

1,176

476

1,102

446

CA 8

Manchester Beach

482

195

402

163

CA 9

Dillon Beach

CA 10A

Pt Reyes

460

186

460

186

CA 10B

Limantour

156

Unit CA-10 Totals

617

250

617

250

CA 11

Napa

618

250

618

250

CA 12

Hayward

CA 13A

Eden Landing

237

228

CA 13B

Eden Landing

171

CA 13C

Eden Landing

609

247

602

244

Unit CA-13 Totals

1,016

411

1,001

405

CA 14

Ravenswood

CA 15

Warm Springs

168

CA 16

Half Moon Bay

CA 17

Waddell Creek Beach

CA 18

Scott Creek Beach

CA 19

Wilder Creek Beach

CA 20

Jetty Road to Aptos

399

161

369

149

CA 21

Elkhorn Slough Mudflats

281

114

281

114

CA 22

Monterey to Moss Landing

967

391

423

171

285

115

260

105

CA 23

Point Sur Beach

CA 24

San Carpoforo Creek

CA 25

Arroyo Laguna Creek

CA 26

San Simeon State Beach

CA 27

Villa Creek Beach

CA 28

Toro Creek

CA 29

Atascadero Beach/Morro Strand SB

213

149

CA 30

Morro Bay Beach

1,076

435

948

384

129

CA 31

Pismo Beach/Nipomo Dunes

1,652

669

242

552

223

858

347

CA 32

Vandenberg North

711

288

711

288

CA 33

Vandenberg South

423

171

373

151

CA 34

Devereaux Beach

CA 35

Santa Barbara Beaches

CA 36

Santa Rosa Island Beaches

586

237

586

237

CA 37

San Buenaventura Beach

CA 38

Mandalay to Santa Clara River

672

272

459

186

213

CA 39

Ormond Beach

320

130

159

161

CA 43

Zuma Beach

CA 44

Malibu Beach

CA 45A

Santa Monica Beach

CA 45B

Dockweiler North

CA 45C

Dockweiler South

CA 45D

Hermosa State Beach

Unit CA-45 Totals

173

124

496

CA 46A

Bolsa Chica Reserve

484

196

484

196

CA 46B

Bolsa Chica Reserve

CA 46C

Bolsa Chica Reserve

CA 46D

Bolsa Chica Reserve

CA 46E

Bolsa Chica State Beach

Unit CA-46 Totals

518

210

510

205

CA 47

Santa Ana River Mouth

CA 48

Balboa Beach

CA 50A

Batiquitos Lagoon

CA 50B

Batiquitos Lagoon

CA 50C

Batiquitos Lagoon

Unit CA-50 Totals

CA 51A

San Elijo Lagoon Ecological Reserve

CA 51B

San Elijo Lagoon Ecological Reserve

CA 51C

San Elijo Lagoon Ecological Reserve

Unit CA-51 Totals

CA 52A

San Dieguito Lagoon

CA 52B

San Dieguito Lagoon

CA 52C

San Dieguito Lagoon

Unit CA-52 Totals

CA 53

Los Penasquitos Lagoon

CA 54A

Fiesta Island

CA 54B

Mariner's Point

CA 54C

South Mission Beach

CA 54D

San Diego River Channel

Unit CA-54 Totals

CA 55B

Coronado Beach

CA 55E

Sweetwater Marsh National Wildlife Refuge and D Street Fill

132

CA 55F

Silver Strand State Beach

CA 55G

Chula Vista Wildlife Reserve

CA 55I

San Diego National Wildlife Refuge, South Bay Unit

CA 55J

Tijuana Estuary and Beach

150

Unit CA-55 Totals (does not include exempt sub-units)

453

183

222

151

CALIFORNIA TOTALS

16,777

6,789

3,434

1,390

8,693

3,518

4,650

1,882

WASHINGTON, OREGON, CALIFORNIA GRAND TOTALS

28,261

11,437

9,040

3,658

336

136

12,740

5,156

6,145

2,487

* Unit or portions of unit may be considered for exclusion in the final critical habitat rule under section 4(b)(2) of the Act. Values in this table may not sum due to rounding.

Critical Habitat Units

We present brief descriptions of all units, and reasons why they meet the definition of critical habitat for the Pacific Coast WSP below.

Washington

WA 1, Copalis Spit, 407 ac (165 ha):

Copalis Spit is located along the central Washington coast, approximately 20 mi (32 km) northwest of the Community of Hoquiam in Grays Harbor County. Copalis Spit is a 2-mi (3-km) long sand spit bounded by the Copalis River on the northern and landward sides. The Copalis Beach access road off State Route 109 and State Park property line demark the southern boundary. The unit is entirely within Griffiths-Priday Ocean State Park (Washington State Parks and Recreation Commission).

This unit is the northernmost unit in the range of the species and historically supported 6 to 12 nesting pairs of Pacific Coast WSPs, but no use has been documented since 1984 (Service 2007, p. 21). This unit was not occupied at the time of listing and is not currently occupied. The unit consists of a long sandy beach with sparsely vegetated dunes that extend to the river, providing nesting and foraging opportunities, as well as protection from the weather. The northward shift of Connor Creek washed out the beach access road at the southern end, effectively closing the area to motorized vehicles. Because of its relatively remote location, the area receives little human use. Although currently unoccupied, the unit is considered essential for the conservation of the species as it allows for population expansion into the northern extent of the Pacific Coast WSP's historical range from adjacent occupied areas and has high quality habitat, including a long sandy beach with sparsely vegetated dunes that extend to the river, providing nesting and foraging opportunities for the species.

WA 2, Damon Point/Oyhut Wildlife Area, 673 ac (272 ha):

This unit is located at the southern end of the City of Ocean Shores in Grays Harbor County and is a sandy spit that extends into Grays Harbor. The unit boundary begins at the Damon Point parking area off Marine View Drive. The western boundary generally follows the property line for the Oyhut Wildlife Area.

This unit was occupied at the time of listing and we consider this unit to be currently occupied. Research in the mid-1980s indicated that up to 20 Pacific Coast WSPs have used Damon Point for nesting. However, use has declined significantly at this site, with only six adult birds documented using the area during the breeding season in 2005. A historic shipwreck (S.S. Catala) was exposed during winter storms in 2006, and the vessel was removed from the spit due to oil spill and other hazardous materials concerns over a period of 17 months (State of Washington, Department of Ecology 2007). The opportunity to view the shipwreck and removal operation drew media attention, and hundreds of visitors visited the site on weekends. Visitation of the area has dropped off since the clean-up. Even though no plover nesting has been documented at Damon Point since 2006, we consider this unit occupied by the species based on previous use of the area, on the fluctuating use of areas in general by the species as a response to habitat and resource availability, and because breeding surveys are not conclusive as to the presence or absence of a species as they only provide information during the breeding season. We have determined that the unit contains the physical and biological features essential to the conservation of the species which may require special management considerations or protection. The unit includes sandy beaches that are relatively undisturbed by human or tidal activity (nesting habitat), large expanses of sparsely vegetated barren terrain, and mudflats and sheltered bays that provide ample foraging areas.

The majority (648 ac (262 ha)) of the unit is administered by the State of Washington (Department of Fish and Wildlife and Department of Natural Resources). There are over 7 mi (11 km) of sandy beaches and shoreline at Damon Point, and the shape of the spit changes constantly with winter storms and nearshore sand drift. In recent years, some of the lower elevation areas have been overwashed, and coastal erosion may result in separation of the spit from the mainland in the near future. The western edge of the unit lies adjacent to a municipal wastewater treatment facility that is managed by the City of Ocean Shores, with a few undevelopable private parcels in the tidelands near the parking area. Similar to Copalis Spit, the access road has washed out, and the area is currently inaccessible to motorized vehicles.

The primary threats to Pacific Coast WSPs that may require special management at this time are recreational use, including pedestrians and unleashed pets, habitat loss from European beach grass, and potential reopening of the vehicle access road. Special management in the form of developing and enforcing regulations to address the recreation issues may be needed. Management to remove and control beach grass will prevent further spread of nonnative vegetation, thereby maintaining and expanding the elements of essential physical and biological features identified above.

WA 3A, Midway Beach, 697 ac (282 ha):

Located adjacent to the Community of Grayland, this subunit extends from the northern boundary of Grayland Beach State Park, through South Beach State Park to Cape Shoalwater at the southern end in Pacific County. Midway Beach is

an expansive beach and is nearly 0.5 mi (0.8 km) wide at the widest point. This subunit was occupied at the time of listing and is currently occupied. This subunit includes the following physical and biological features essential to the conservation of the species: large areas of sand dune habitat that is relatively undisturbed, areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates, and close proximity to tidally influenced estuarine mud flats.

Beach accretion since 1998 has greatly improved habitat conditions, resulting in this beach becoming a primary nesting area in the State. From 1998 to 2005, an average of 18 plovers nested annually at Midway, and from 2003 to 2006, between 23 and 28 Pacific Coast WSPs nested at Midway Beach.

Primary threats at this subunit that may require special management include motorized vehicle use on the beaches and human activity. The recent closure of the Midway Beach Access Road due to safety concerns,

e.g.,

vehicles getting stuck in deep sand, has reduced impacts in the nesting area, but may not be permanent. Therefore, the physical and biological features essential to the conservation of the species in this subunit may require special management considerations or protection to address threats associated with human-related recreation and other activities. Developing and enforcing regulations to address the recreation issues may be needed. Management to remove and control beach grass will prevent further spread of nonnative vegetation, thereby maintaining and expanding the elements of essential physical and biological features identified above.

WA 3B, Shoalwater (Graveyard Spit), 1,121 ac (454 ha):

This unit is located in Pacific County at Shoalwater Beach (Graveyard Spit), which is an extension of Midway Beach, and extends south into the entrance of Willapa Bay. The unit starts at a narrow strip of beach adjacent to State Route 105, continuing in a southwesterly direction to the Community of Tokeland. The landward extent of the Graveyard Beach addition is State Route 105, and the sea-ward extent of the unit is the Pacific Ocean's water's edge.

This subunit was occupied at the time of listing, is currently occupied and includes the recently discovered nesting area at Graveyard Spit (since 2006). The State recovery plan for the WSP (WDFW 1995) defines the geographic area from Grayland Beach State Park south to Toke Point as “South Beach.” Based on documented sightings and records of WSP use for the South Beach geographic area (WDFW 1995, Appendix C), Shoalwater Beach/Graveyard Spit was occupied at the time of listing and is a known or presumed historical nesting area (WDFW 1995, Figure 2, p. 3). Pacific Coast WSPs have nested successfully at Shoalwater/Graveyard Spit for several years. Although fledging success is relatively high at this location, plover use of the Shoalwater/Graveyard Spit area is sporadic.

The subunit includes the following features essential to the conservation of the species: Large areas of sand dune habitat that is relatively undisturbed; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced estuarine mud flats. Special management that may be required includes management of human-related activities to reduce disturbance to breeding Pacific Coast WSPs, and maintenance of the physical and biological features within the subunit.

Based on interpretation of aerial imagery, the Cape Shoalwater area has experienced extensive erosion over the past 15 years. A nearly 0.3 mi-wide (0.5 km-wide) by 1.5 mi-long (2.4 km-long) section of the coastline, including roads and residences, has been reclaimed by the ocean, resulting in the accretion of Midway Beach. The accretion of beach improves elements of essential physical and biological features. The county ownership layer for this subunit is ambiguous and could not be used for precise acreage calculations, however it is estimated that approximately 280 ac (113 ha) of the subunit are in private ownership, 336 ac (136 ha) are managed by the Shoalwater Bay Tribe, and the rest of the area is managed by the State of Washington (505 ac (204 ha).

WA 4A, Leadbetter Spit, 2,463 ac (997 ha):

The Leadbetter Spit subunit is located in Pacific County at the northern tip of the Long Beach Peninsula; a 26-mi-long (42 km-long) spit that defines the west side of Willapa Bay and extends down to the mouth of the Columbia River. The subunit is located just north of the community of Ocean Park and includes Leadbetter Point State Park (SP) and the Willapa National Wildlife Refuge (NWR) at the northern end of the spit. The main portion of this subunit is on the ocean side, and includes the coastal beaches from the tip of the peninsula, and the habitat restoration area down to Oysterville Road, approximately 1.8 mi (3 km) south of Leadbetter Point SP. The subunit includes approximately 8 mi (13 km) of coastal beaches and sheltered bays. The vast majority of the subunit is on lands that are managed by the Willapa NWR (2,026 ac (820 ha)). The remaining beaches (437 ac (177 ha)) are managed by the Washington State Parks and Recreation Commission. The State jurisdiction on the Long Beach Peninsula extends well up into the foredunes.

Leadbetter Spit was occupied at the time of listing, is currently occupied, and is the largest subunit in Washington. Approximately 25 to 30 Pacific Coast WSPs nest and overwinter on the spit annually, with most of the nesting occurring in the snowy plover habitat restoration area within the Willapa NWR. Between 10 and more than 40 breeding adults were recorded between 2005 and 2009 (WDFW 2009, p. 12). A few pairs nest along the ocean beaches and on State Park lands just south of the Willapa NWR. The 2007 Recovery Plan lists a management goal of 30 breeding adults for this subunit (Service 2007, Appendix B).

The subunit includes the following features essential to the conservation of the species: Relatively undisturbed sandy beaches above and below the high-tide line and sparsely vegetated dunes for nesting, as well as miles of coastal wrackline supporting small invertebrates; and close proximity to tidally influenced estuarine mud flats and sheltered bays for foraging. The combined dynamics of weather and surf cause large quantities of wood and shell material to accumulate on the spit, providing prime nesting habitat, hiding areas from predators, foraging opportunities, and shelter from inclement weather.

European beach grass threatens the habitat quality of the subunit. Special management that may be needed includes restoration and maintenance of degraded habitat to ensure the reinfestation of nonnative vegetation does not occur. Doing so will ensure that elements of essential physical and biological features within this subunit remain intact.

WA 4B, Gunpowder Sands Island, 904 ac (366 ha):

The subunit includes Gunpowder Sands Island just off the northern tip of the Long Beach Peninsula. The island is Federally owned and is administered by the Willapa NWR.

Because the island is only accessible by boat, breeding surveys for Pacific Coast WSP at this location are sporadic. It is unknown if this Gunpowder Sands Island was occupied at the time the Pacific Coast WSP was listed in 1993, but two successful nests and one failed nest were documented on the island in

1995 (WDFW heritage data). Although nesting has not been recently confirmed for this area, we consider this unit essential for the conservation of the species because it provides a safe nesting, resting and foraging area free of human disturbance and connectivity between two currently occupied areas. We consider that it is important for the species' use, based on the proximity of the site to the occupied nesting area on Leadbetter Spit, and on fluctuating habitat and resource availability.

Gunpowder Sands Island also has physical and biological features essential to the conservation of the species: Relatively undisturbed sandy beaches above and below the high-tide line, sparsely vegetated dunes for nesting, and coastal wrackline supporting small invertebrates. The island is periodically overwashed during winter storms, resulting in dry sand and beach habitat with little or no vegetation.

Primary threats to essential physical and biological features that may require special management include the State's management of the spring razor clam season, which opens beaches to motorized vehicle and provides access into Pacific Coast WSP nesting areas that normally receive limited human use. Beaches south of the Willapa NWR are open to public use. The State Parks and Recreation Commission posts areas where plovers nest, has increased enforcement of the wet sand driving regulations, and is conducting habitat restoration on State Park lands. Controlling human-related activities will ensure that disturbance remains minimal.

Oregon

OR 1, Columbia River Spit, 169 ac (69 ha):

This unit is on the northwestern coast of Clatsop County, about 9 mi (15 km) northwest of the City of Astoria. It is bounded by the Columbia River south jetty and the Pacific Ocean to the west. The mouth of the Columbia River constitutes the northern and eastern boundaries, and Fort Stevens State Park lies along the unit's southern edge. The Columbia River Spit is managed by the U.S. Army Corps of Engineers (USACE), but is under lease to the Oregon Parks and Recreation Department (OPRD) as part of Fort Stevens State Park. Inland, the beach is overgrown with shore pine (

Pinus contorta

), European beach grass, and some alder (

Alnus

spp). Sea-level rise and overwashing of this area during the winter months is anticipated to result in vegetation removal and the creation of additional habitat for Pacific Coast WSP.

Pacific Coast WSPs were observed breeding on Clatsop Spit in 1965. Throughout the 1980s, they were observed nesting on ocean beaches directly south of the spit to the City of Gearhart. Winter use has been confirmed for this area as recently as 2008. We consider this unit essential for the conservation of the species because it provides connectivity between two currently occupied areas, dispersal habitat between units, and habitat for resting and foraging. We consider that it is likely occupied at times, based on the fluctuating use of areas by the species as a response to habitat and resource availability. The unit is comprised of a wide sand spit adjacent to mud flats and an estuary and provides habitat for foraging and resting and would facilitate interchange between otherwise widely separated units.

OR 2, Necanicum River Spit, 211 ac (85 ha):

This unit is on the western coast of Clatsop County, adjacent to the City of Gearhart, and less than 1 mi (2 km) north of the City of Seaside. It is bounded by the Necanicum River estuary on the south, City of Gearhart to the north and east, and the Pacific Ocean to the west. The mouth of the river changes periodically. The northern inland portion of the unit is overgrown with European beach grass; sea-level rise and overwashing of this area during the winter months is anticipated to result in vegetation removal and the creation of additional Pacific Coast WSP breeding habitat.

This unit was not considered occupied at the time the Pacific Coast WSP was listed in 1993. Two breeding Pacific Coast WSPs were documented in this unit in 2002 (Service unpublished data). Although the unit is not confirmed to be currently occupied, we consider this unit essential for the conservation of the species because it provides connectivity between occupied areas, dispersal habitat between units, and habitat for resting and foraging. This unit consists of 161 State-owned ac (65 ha) and 50 city-owned ac (20 ha). The OPRD is the primary land manager.

The unit is characteristic of a dune-backed beach adjacent to mud flats and an estuary. This unit includes wide sand spits or overwashes relatively undisturbed by tidal activity and sparsely vegetated; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced estuarine mud flats.

OR 3, Nehalem River Spit, 299 ac (121 ha):

This unit is on the northwestern coast of Tillamook County, next to the City of Manzanita and about 15 mi (24 km) northwest of the City of Tillamook. It is bounded by Nehalem Bay on the east, the southern boundary of the Nehalem Bay State Park campground to the north, and the Nehalem River south jetty to the south. The Pacific Ocean forms the western boundary. The southern portion of the unit extends behind a relatively low foredune into an area overgrown with European beach grass; sea-level rise and overwashing of this area during the winter months is anticipated to result in vegetation removal and creation of additional Pacific Coast WSP breeding habitat.

This unit was not considered occupied at the time the Pacific Coast WSP was listed in 1993. One breeding Pacific Coast WSP was documented in this unit in 1984 (ODFW

in litt.

1995, Appendix, Table 2), therefore, the unit is a historical breeding site within the species' range. Winter use was documented as recently as 2009. Although nesting has not been recently confirmed for this area, we consider this unit essential for the conservation of the species because it provides connectivity between two currently occupied areas, dispersal habitat between units, and habitat for resting and foraging. We consider that it is likely occupied at times, based on record of past use and the fluctuating use of areas by the species as a response to habitat and resource availability. This unit provides habitat to support breeding plovers and would facilitate interchange between otherwise widely separated units and helps provide habitat within Recovery Unit 1 in Oregon and Washington. The unit consists of 299 State-owned ac (121 ha) and is managed by the OPRD as part of the Nehalem Bay State Park.

The unit is representative of a dune-backed beach and sand spit adjacent to mud flats and an estuary. It includes the following features essential to the conservation of the species: A wide sand spit or overwash area relatively undisturbed by human or tidal activity and sparsely vegetated; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced estuarine mud flats.

OR 4, Bayocean Spit, 367 ac (148 ha):

This unit is on the western coast of Tillamook County, and about 9 mi (15 km) northwest of the City of Tillamook. It is bounded by Tillamook Bay on the east, the Tillamook Bay South Jetty to the north, the northern boundary of Bayocean Peninsula County Park 1.4 mi (2.3 km) to the south, and the Pacific

Ocean to the west. Approximately 279 ac (113 ha) are Federally owned, and 88 ac (36 ha) are owned by local governments or private parties. The northern half of the unit extends behind a relatively low foredune. Sea-level rise and overwashing of this area during the winter months is anticipated to result in vegetation removal and creation of additional Pacific Coast WSP breeding habitat.

This unit was occupied at the time of listing, and is likely currently occupied. Two Pacific Coast WSPs were documented in 1993 and six plovers in 1995 in this unit during the breeding season (ODFW

in litt.

1995, Appendix, Table 2). Prior to 2001, winter use of the area by plovers was documented consistently. Recent records indicate use by wintering plovers in 2007 and 2008. Although nesting has not been recently confirmed for this area, we consider that it is likely occupied at times, and is needed by the species for use in response to fluctuating habitat and resource availability. This unit provides habitat to support breeding plovers, facilitates interchange between otherwise widely separated units under intensive management, and helps provide habitat within Recovery Unit 1 in Oregon and Washington.

The unit is characteristic of a dune-backed beach in close proximity to mud flats and an estuary. It includes the following features essential to the conservation of the species: Large areas of sandy dune relatively undisturbed by tidal activity; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced estuarine mud flats.

Primary threats to essential physical and biological features that may require special management in this unit are introduced European beach grass that encroaches on the available nesting and foraging habitat; disturbance from humans, pets, and horses in important foraging and nesting areas; and predators.

OR 5, Netarts Spit, 541 ac (219 ha):

The unit is on the western coast of Tillamook County, about 5.5 mi (9 km) southwest of the City of Tillamook. It is bounded by Netarts Bay to the east and the north, Cape Lookout State Park campground 2.6 mi to the south, and the Pacific Ocean to the west. The unit extends behind a low foredune with a large expanse of European beach grass. Sea-level rise and overwashing of this area during the winter months is anticipated to result in vegetation removal and creation of additional Pacific Coast WSP breeding habitat.

This unit was not considered occupied at the time the Pacific Coast WSP was listed in 1993; however, three breeding Pacific Coast WSPs were documented in this unit in 1982 (ODFW

in litt.

1995, Appendix, Table 2). Although nesting and wintering have not been recently confirmed for this area, we consider this unit essential for the conservation of the species because it provides connectivity between two currently occupied areas, dispersal habitat between units, and habitat for resting and foraging. It is needed by the species for use in response to fluctuating habitat and resource availability. This unit provides habitat to support breeding plovers, facilitates interchange between otherwise widely separated units under intensive management, and helps provide habitat within Recovery Unit 1 in Oregon and Washington. The unit consists of 541 State-owned ac (219 ha) managed by OPRD as Cape Lookout State Park.

The unit is characteristic of a dune-backed beach and sand spit in close proximity to mud flats. It includes the following features essential to the conservation of the species: Wide sand spits or overwashes and large areas of sandy dune relatively undisturbed by tidal activity and sparsely vegetated; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced mud flats.

OR 6, Sand Lake South, 200 ac (81 ha):

This unit is on the southwestern coast of Tillamook County, about 4.5 mi (7 km) north of Pacific City. It is bounded by Sand Lake estuary to the north and east, the northern limit of development in the town of Tierra Del Mar to the south, and the Pacific Ocean to the west. The unit is characteristic of a dune-backed beach and sand spit in close proximity to mud flats and an estuary. The mouth of the lake changes periodically. The unit extends into a small upland portion of the spit. Sea-level rise and overwashing of this area during the winter months is anticipated to result in vegetation removal and the creation of additional Pacific Coast WSP breeding habitat.

This unit was not considered occupied at the time the Pacific Coast WSP was listed in 1993. However, four snowy plovers were observed during the breeding season at Sand Lake in 1986 (ODFW,

in litt.

1995, Appendix, Table 2). Although nesting and wintering has not been recently confirmed for this area, the unit is a historical breeding site within the species' range, and we consider this unit essential for the conservation of the species because it provides connectivity between two currently occupied areas, dispersal habitat between units, and habitat for resting and foraging. We consider the area is needed by the species for use in response to fluctuating habitat and resource availability. This unit provides habitat to support breeding plovers, facilitates interchange between otherwise widely separated units under intensive management, and helps provide habitat within Recovery Unit 1 in Oregon and Washington. The unit consists of 200 privately owned ac (81 ha).

The unit includes the following features essential to the conservation of the species: Wide sand spits or overwashes and sparsely vegetated areas of sandy dune relatively undisturbed by tidal activity; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced mud flats.

OR 7, Sutton/Baker Beaches, 372 ac (151 ha):

This unit is on the western coast of Lane County, about 5 mi (8 km) north of the City of Florence. It is bounded by Sutton Creek to the south, Heceta Head to the north, the Oregon Dunes National Recreation Area (NRA) to the east, and the Pacific Ocean to the west.

This unit was occupied at the time of listing and is currently occupied. The most recently documented Pacific Coast WSPs for this unit include four breeding plovers in 2007 (Lauten

et al.

2007, p. 5). We have determined that the unit contains the physical and biological features essential to the conservation of the species which may require special management considerations or protection. This unit provides habitat to support breeding plovers and would facilitate interchange between otherwise widely separated units under intensive management. The unit consists of 372 Federally owned ac (151 ha) managed by the U.S. Forest Service's (USFS) Siuslaw National Forest. The unit extends behind a relatively low foredune in several places into areas overgrown with beach grass. Sea-level rise and overwashing of these areas during the winter months is anticipated to result in vegetation removal and the creation of additional plover breeding habitat.

The unit is characteristic of a dune-backed beach and wide sand spits with overwash areas and contains an interdune flat created through habitat restoration. It includes the following features essential to the conservation of the species: Large areas of sandy dunes or overwashes relatively undisturbed by

tidal activity and areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates.

OR 8A, Siltcoos Breach, 15 ac (6 ha):

This subunit is on the southwestern coast of Lane County, about 7 mi (11 km) southwest of the City of Florence. It is an important wintering area that includes a large opening in the foredune 1.2 mi (2 km) north of the Siltcoos River. The southern boundary is located 0.6 mi (1 km) north of the Siltcoos River, with the Oregon Dunes NRA to the east and the Pacific Ocean to the west. The subunit consists of 15 Federally owned ac (6 ha) managed by the USFS as the Oregon Dunes NRA in the Siuslaw National Forest.

This subunit was occupied at the time of listing and is currently occupied with recently documented wintering Pacific Coast WSPs in 2005, 2006, and 2007, and 2010 (Service unpublished data). As many as 59 plovers were documented during the winter of 2005 (C. Burns, pers. comm. 2006) and 26, 36, and 24 in 2006, 2007 and 2010 respectively (Service unpublished data).

The subunit is characteristic of a dune-backed beach and sand spit in close proximity to a tidally influenced river mouth. It includes the following features essential to the conservation of the species: sparsely vegetated areas of sandy dune relatively undisturbed by tidal activity; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced freshwater areas.

OR 8B, Siltcoos River Spit, 241 ac (97 ha):

This subunit is on the southwestern coast of Lane County, about 7 mi (11 km) southwest of the City of Florence. It includes the sand spits to the north and south of the Siltcoos River and is bounded by the Wax Myrtle Trail and campground to the east, and Pacific Ocean to the west.

This subunit was occupied at the time of listing and is currently occupied. Most recently documented Pacific Coast WSPs for this subunit include 24 breeding plovers in 2009 (Lauten

et al.

2009, p. 26). Subunit OR 8B consists of 241 Federally owned ac (97 ha) managed by the USFS as the Oregon Dunes NRA in the Siuslaw National Forest.

The subunit is characteristic of a dune-backed beach and sand spit in close proximity to a tidally influenced river mouth. It includes the following features essential to the conservation of the species: wide sand spits or overwashes and sparsely vegetated areas of sandy dune relatively undisturbed by tidal activity; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced freshwater areas.

Primary threats to essential physical and biological features that may require special management in this subunit are introduced European beach grass that encroaches on the available nesting and foraging habitat; disturbance from humans, pets, and OHVs in important foraging and nesting areas; and predators such as the American crow and common raven.

OR 8C, Dunes Overlook/Tahkenitch Creek Spit, 716 ac (290 ha):

This subunit is primarily in Douglas County, about 9 mi (15 km) southwest of the City of Florence. The southern boundary of the unit is about 5.3 mi (9 km) northwest of the City of Reedsport. It is bounded by the subunit 8A to the north, an OHV open ride area (part of the Oregon Dunes NRA) to the south, Oregon Dunes NRA to the east, and the Pacific Ocean to the west.

This subunit was occupied at the time of listing and is currently occupied. Documented Pacific Coast WSPs for this subunit include 12 breeding plovers in 2009 (Lauten

et al.

2009, p. 26). Subunit OR 8C consists of 716 Federally managed ac (290 ha) managed by the USFS as the Oregon Dunes NRA in the Siuslaw National Forest.

The subunit is characteristic of a dune-backed beach and sand spit in close proximity to a tidally influenced river mouth and contains interdune flats created through habitat restoration. It includes the following features essential to the conservation of the species: wide sand spits or overwashes and sparsely vegetated areas of sandy dune relatively undisturbed by tidal activity; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced freshwater areas.

Primary threats to essential physical and biological features that may require special management in this subunit are introduced European beach grass that encroaches on the available nesting and foraging habitat; disturbance from humans, pets, and vehicles in important foraging and nesting areas; and predators.

OR 8D, North Umpqua River Spit, 236 ac (95 ha):

This subunit is on the western coast of Douglas County, about 4 mi (5 km) west of the City of Reedsport. It is bounded by the Umpqua River North Jetty to the south, Oregon Dunes NRA land to the north and east, and the Pacific Ocean to the west. The subunit consists of 151 ac (61 ha) of Federally owned land and 85 ac (34 ha) of State-owned land. The primary land manager is the USFS for the Oregon Dunes NRA.

Nesting Pacific Coast WSPs were documented in this unit in the 1980s. The last documented winter use of this area was in 1993. Although use of the area has not been recently documented, it contains features essential to the conservation of the species and is needed by the species for use in response to fluctuating habitat and resource availability. The subunit is located adjacent to currently occupied areas and provides dispersal habitat between units. The subunit also contains physical and biological features essential to the conservation of the species which may require special management considerations or protection. The subunit is characteristic of a dune-backed beach and includes the following features essential to the conservation of the species: areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates (for nesting and foraging).

Threats to essential physical and biological features that may require special management in this subunit are introduced European beach grass that encroaches on the available nesting and foraging habitat; disturbance from vehicles in important foraging and nesting areas; and predators.

OR 9, Tenmile Creek Spit, 244 ac (99 ha):

This unit is on the northwestern coast of Coos County, about 11 mi (18 km) southwest of the City of Reedsport. It includes the sand spits and beaches to the north and south of the Tenmile River. The unit is bounded to the north, east, and south by OHV riding areas, part of the Oregon Dunes (NRA), and by the Pacific Ocean to the west.

This unit was occupied at the time of listing and is currently occupied. Documented Pacific Coast WSPs for this unit include 23 breeding plovers in 2009 (Lauten

et al.

2009, p. 26). Unit OR

9 consists of 244 Federally owned ac (99 ha) managed as the Oregon Dunes NRA by the USFS.

The unit is characteristic of a dune-backed beach and sand spit. It includes the following features essential to the conservation of the species: Wide sand spits or overwashes and sparsely vegetated areas of sandy dune relatively undisturbed by tidal activity; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced freshwater areas.

Primary threats to essential physical and biological features that may require special management in this subunit are introduced European beach grass that encroaches on the available nesting and foraging habitat; disturbance from humans and pets in important foraging and nesting areas; and predators.

OR 10, Coos Bay North Spit, 308 ac (125 ha):

This unit is on the western coast of Coos County, about 3 mi (5 km) west of the City of Coos Bay. It is bounded by Coos Bay to the east, the Coos Bay North Jetty to the south, an OHV riding area to the north, and the Pacific Ocean to the west.

This unit was occupied at the time of listing and is currently occupied. Documented Pacific Coast WSPs for this unit include 45 breeding plovers in 2009 (Lauten

et al.

2009, p. 26). The unit consists of 308 Federally owned ac (125 ha) primarily managed by the U.S. Bureau of Land Management (BLM).

The unit is characteristic of a dune-backed beach and interior interdune flats created through dredge material disposal or through habitat restoration. It includes the following features essential to the conservation of the species: Expansive, sparsely vegetated interdune flats; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced estuarine areas.

Threats to essential physical and biological features that may require special management in this unit are introduced European beach grass that encroaches on the available nesting and foraging habitat; disturbance from humans, pets, and vehicles in important foraging and nesting areas; and predators.

OR 11, Bandon to New River, 1,016 ac (411 ha):

This unit is on the southwestern coast of Coos County, about 3 mi (5 km) south of the City of Bandon. It is bounded by China Creek to the north, the New River to the east, north of the Floras Creek outlet to the south, and the Pacific Ocean to the west. The unit encompasses all of New River Spit and extends behind a relatively low foredune north of Floras Creek. Sea-level rise and overwashing of these areas during the winter months is anticipated to result in vegetation removal and the creation of additional Pacific Coast WSP breeding habitat.

This unit was occupied at the time of listing and is currently occupied. Documented Pacific Coast WSPs for this unit include 49 breeding plovers in 2009 (Lauten

et al.

2009, p. 26). The unit consists of 459 ac (186 ha) of Federally owned land, 267 ac (108 ha) of State-owned land, 290 ac (117 ha) of county and private land. The BLM and OPRD are the unit's primary land managers.

The subunit is characteristic of a dune-backed beach and barrier spit and contains interdune flats created through habitat restoration. It includes the following features essential to the conservation of the species: Wide sand spits or overwashes and sparsely vegetated areas of sandy dune relatively undisturbed by tidal activity; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced freshwater areas.

Threats to essential physical and biological features that may require special management in this unit are introduced European beach grass that encroaches on the available nesting and foraging habitat; disturbance from humans, pets, horses, and vehicles in important foraging and nesting areas; and predators.

OR 12, Elk River Spit, 167 ac (68 ha):

This unit is on the northwestern coast of Curry County, about 4 mi (6 km) northwest of the City of Port Orford and 2.3 mi (4 km) southeast of Cape Blanco. It is bounded by the Elk River to the east and north, private land to the south, and the Pacific Ocean to the west. Unit OR 12 consists of 167 privately owned ac (68 ha).

There are no documented occurrences of Pacific Coast WSPs for this unit. Since this unit is largely on private land, it was not surveyed prior to listing of the Pacific Coast WSP. As a consequence, its occupancy at the time of listing is unknown. However, we have determined that this unit is essential for the conservation of the Pacific Coast WSP because it provides habitat to support breeding or wintering plovers and would facilitate interchange between otherwise widely separated units under intensive management (

see Criteria Used to Identify Critical Habitat

section for a detailed discussion). The Recovery Plan identifies this area as a Recovery Site (OR-17) (Service 2007, Appendix B) that could support four breeding birds as it includes a dune-backed beach and wide sand spits or overwashes with sparsely vegetated areas of undisturbed sandy dunes.

OR 13, Euchre Creek Spit, 116 ac (47 ha):

This unit is on the western coast of Curry County, approximately 10 mi (6 km) north of the City of Gold Beach. It includes the sand spits to the north and south of the Euchre Creek and is bounded by the Pacific Ocean to the west. The unit consists of 116 privately owned ac (47 ha).

The unit extends into low-elevation areas on the north and south side of Euchre Creek. Sea-level rise and overwashing of these areas during the winter months is anticipated to result in vegetation removal and the creation of additional Pacific Coast WSP breeding habitat.

Although this area was not considered occupied at the time the Pacific Coast WSP was listed in 1993, this beach is a historical nesting site. The most recently documented Pacific Coast WSP in the area was one wintering plover in 1989 (ODFW

in litt.

1994, Appendix, Table 3). Although nesting and wintering has not been recently confirmed for this area, we consider this unit essential for the conservation of the species because it provides connectivity between two currently occupied areas, dispersal habitat between units, and habitat for resting and foraging. We consider the area is needed by the species for use in response to fluctuating habitat and resource availability. This unit provides habitat to support breeding plovers and would facilitate interchange between otherwise widely separated units and helps provide habitat within Recovery Unit 1 in Oregon and Washington.

The unit is characteristic of a dune-backed beach and sand spit in close proximity to a tidally influenced river mouth and includes wide sand spits or overwashes and sparsely vegetated areas of sandy dune relatively undisturbed by tidal activity; areas of sandy beach above and below the high-tide line with occasional surf-cast wrack supporting small invertebrates; and close proximity to tidally influenced freshwater areas.

California

CA 1, Lake Earl; 74 ac (30 ha):

This unit is located directly west of the Lake Earl/Lake Tolowa lagoon system in Del Norte County about 4 mi (7 km) north of Crescent City. The Lake Earl Lagoon spit is approximately 3 mi (5 km) in length, encompasses approximately 74 ac (30 ha), and lies approximately 2 mi (3 km) north of

Point Saint George and the McNamara Airfield.

This unit was occupied at the time of listing and is currently occupied. This unit is a historical breeding site (Yocom and Harris 1975, p. 30), and has harbored a small population of wintering Pacific Coast WSP in recent years (Service unpublished data). This unit is capable of supporting 10 breeding plovers with adaptive management (Service 2007, Appendix B). Although 22 ac (9 ha) are State-owned, all 74 ac (24 ha) are managed by the State under the jurisdiction of the California Department of Fish and Game (CDFG), and California Department of Parks and Recreation (CDPR).

Essential features of the unit for Pacific Coast WSP conservation include sandy beaches above and below the mean high-tide line, wind-blown sand in dune systems immediately inland of the active beach face, and the wash-over area at the lagoon mouth.

Threats to the species requiring special management include the following: degradation of the sand dune system due to encroachment of European beach grass; destruction of habitat and loss of wintering and nesting plovers from OHV use; and destruction of habitat from annual mechanical breaching (as authorized by the U.S. Army Corps of Engineers (USACE)) of the spit between the Lake Earl/Lake Tolowa Lagoon and the Pacific Ocean. Monitoring indicates that the practice of breaching has only temporary, short-term effects to wintering Pacific Coast WSPs (Service unpublished data).

CA 2, Gold Bluffs Beach, 144 ac (58 ha):

This unit is located in Humboldt County about 5 mi (6 km) north of the Town of Orick within Prairie Creek State Park (north of Gold Bluffs Beach campground), and is managed cooperatively with Redwood National Park, collectively known as Redwood National and State Parks (RNSP). This unit was occupied at the time of listing, is currently occupied, incorporates the primary use area of a pair of Pacific Coast WSPs that nested in Prairie Creek State Park during the summer of 2005, and is commonly used by wintering plovers.

Although not considered a main breeding location, unit CA 2 provides a fairly undisturbed location for breeding Pacific Coast WSP that lose nests to predation or other causes at various nest sites, and could offset habitat loss as sea-level rise prevents nesting at sites currently being used by plovers. One chick was fledged from the unit during 2004. Up to five Pacific Coast WSPs were observed within the unit in March 2007. The unit's primary value is as a wintering site (Service 2007, Appendix B). The site is often used as wintering habitat on an irregular basis (Service unpublished data). The RNSP are actively managing the area for Pacific Coast WSP.

The northeast portion of the unit is currently vegetated with European beach grass, and is, therefore, currently unsuitable for nesting. However, with restoration, that portion of the unit would be considered suitable nesting habitat. We include that portion of the unit to help offset the anticipated effects of sea-level rise over time and thus have determined it is essential for conservation of the species so as to provide replacement habitat for habitat that may be lost. RNSP have restored beach habitat by removing nonnative vegetation on other portions of Gold Bluffs Beach. We anticipate similar restoration within the proposed unit to occur sometime in the future.

The unit contains the following features essential to the conservation of the Pacific Coast WSP: low-lying sandy dunes; open sandy areas that are relatively undisturbed by humans; and sandy beach above and below the high-tide line that supports small invertebrates.

Threats to essential physical and biological features that may require special management include human-related use from recreation and OHV use associated with commercial fishing. Most visitor use in the area is in Fern Canyon, which is to the east of the unit and outside of suitable Pacific Coast WSP habitat. Visitation is light relative to other State and National Parks within the Pacific Coast WSP's range. Limited vehicle use of the beach is allowed for commercial and Tribal fishing, and park administrative use.

CA 3A, Stone Lagoon, 52 ac, (21 ha):

This subunit is approximately 0.9 mi (1.5 km) in length, and is located on the Stone Lagoon spit. Stone Lagoon borders the subunit on the east, and the Pacific Ocean makes up the subunit's western edge. Subunit CA 3A is located in Humboldt County, approximately 3 mi (5 km) south of the Town of Orick. It is entirely State-owned.

The subunit was occupied at the time of listing and is currently occupied. Nesting has recently occurred within the subunit. In 2009 a single nest hatched three chicks, all of which fledged (Colwell,

et al.

2009, p. 9). The Recovery Plan estimates that up to 16 Pacific Coast WSPs can be supported within Unit CA 3; however, all are attributed to subunit CA 3B. Recent data indicates that the population management potential for subunit CA 3A is underestimated by the Recovery Plan (Service 2007, Appendix B), as it does contribute towards the reproductive success in northern California (Colwell

et al.

2009, p. 9; Service unpublished data).

The subunit contains the following features essential to the conservation of the Pacific Coast WSP: low-lying sandy dunes; open sandy areas that are relatively undisturbed by humans; and sandy beach above and below the high-tide line that supports small invertebrates. Special management may be needed to control nonnative vegetation and enforce existing regulations to ensure the physical or biological features are maintained within the subunit. With time, we anticipate that the entire subunit will be inundated with sea-level rise associated with climate change.

CA 3B, Big Lagoon, 212 ac (86 ha):

This subunit consists of a large sand spit that divides the Pacific Ocean from Big Lagoon. The northern extent of Big Lagoon Spit is located in Humboldt County and is approximately 6 mi (10 km) south of the Town of Orick. This subunit was occupied at the time of listing and is currently occupied. Big Lagoon Spit is historical nesting habitat (Page and Stenzel 1981, p. 9), and currently maintains a winter population of fewer than 10 Pacific Coast WSPs (Service unpublished data). Recent nesting occurred within the subunit during 2005, in which a single nest hatched and fledged three chicks. We estimate the subunit can support 16 breeding plovers (Service 2007, Appendix B). The subunit is located on the Big Lagoon Spit, which is approximately 4 mi (7 km) in length. Although only 174 ac (70 ha) are owned by the State, most of the subunit is managed by the CDPR. Approximately 0.6 ac (0.3 ha) are managed by Humboldt County.

Essential features of the subunit that contribute towards the conservation of the Pacific Coast WSP include: low-lying sandy dunes and open sandy areas that are relatively undisturbed by humans; and sandy beach above and below the high-tide line that supports small invertebrates.

CDPR has conducted habitat restoration at this unit through the hand-removal of nonnative vegetation. The primary threat to wintering and breeding Pacific Coast WSPs that may require special management is disturbance from humans and pets from walking through winter flocks and potential nesting areas. In addition, control of nonnative vegetation and enforcement of existing human-use

regulations are needed to ensure the physical or biological features are maintained within the subunit. With time, we anticipate that the entire subunit will be inundated with sea-level rise associated with climate change.

CA 4A, Clam Beach/Little River, 194 ac (79 ha):

The subunit is located in Humboldt County immediately east and north of the Town of McKinleyville. The Clam Beach/Little River subunit's northern boundary is directly across from the south abutment of the U.S. Highway 101 Bridge that crosses the Little River. The southern subunit boundary is aligned with the north end of the southernmost, paved Clam Beach parking area. The length of the subunit is approximately 2 mi (3 km). Approximately 79 ac (32 ha) are State owned.

This subunit was occupied at the time of listing and is currently occupied. During 2003, the subunit supported a breeding population of approximately 12 Pacific Coast WSPs, and a winter population of up to 55 plovers (Service unpublished data). This subunit is one of four primary nesting locations within northern California. Based on the Recovery Plan, we expect the subunit to be capable of supporting six pairs of breeding plovers (Service 2007, Appendix B).

Essential features of the subunit that contribute towards the conservation of the Pacific Coast WSP include large areas of sandy dunes, areas of sandy beach above and below the high-tide line, and generally barren to sparsely vegetated terrain.

Primary threats to nests, chicks, and both wintering and breeding adult Pacific Coast WSPs that may require special management in this subunit are: nonnative vegetation, OHV use, predators, and disturbance caused by humans and pets. Special management is needed to control nonnative vegetation and enforcement of existing human-use regulations. With time, we anticipate that the lower portions of this subunit will be inundated with sea-level rise associated with climate change.

CA 4B, Mad River Beach, 456 ac (184 ha):

The subunit is located in Humboldt County immediately east of the Town of McKinleyville. This subunit was largely swept clean of European beach grass when the Mad River temporarily shifted north in the 1980s and 1990s. The Mad River Beach subunit is approximately 3 mi (5 km) long, and ranges from the U.S. Highway 101 Vista Point below the Arcata-Eureka Airport in the north, to School Road in the south. Approximately 152 ac (62 ha) are managed by the State, and the remaining 304 ac (123 ha) are owned and managed by Humboldt County, or are privately owned. This subunit was occupied at the time of listing and is currently occupied. We expect it to eventually support 12 breeding Pacific Coast WSPs with proper management (Service 2007, Appendix B). The current breeding population is believed to be less than 5 plovers, although plovers from this subunit readily intermix with plovers in CA 4A and elsewhere (Colwell

et al.

2009, p. 9; Service unpublished data). Occasional winter use by plovers has been intermittently documented, with most wintering within the adjacent critical habitat subunit to the north (Service unpublished data).

Primary threats to nests, chicks, and both wintering and breeding adult Pacific Coast WSPs that may require special management are: nonnative vegetation, OHV use, and disturbance caused by equestrians (

i.e.,

people riding horses) and humans with accompanying pets. Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained within the subunit. With time, we anticipate that the lower portions of this subunit will be inundated with sea-level rise associated with climate change.

CA 5A, Humboldt Bay, South Spit Beach, 419 ac (170 ha):

This subunit is located in Humboldt County adjacent to Humboldt Bay, less than 1 mi west of the City of Eureka, with the southern boundary being Table Bluff. Approximately 383 ac (155 ha) of the unit are owned by the CDFG, but are managed by BLM, 10.1 ac (4.1 ha) are owned and managed by Humboldt County, and 20.2 ac (8.2 ha) are owned by the USACE. The subunit is 5 mi (8 km) in total length.

This subunit was occupied at the time of listing and is currently occupied. The Pacific Coast WSP wintering population within the subunit is estimated at fewer than 15 individuals. Three nests, from four breeders, were attempted within the subunit in 2003 (Service unpublished data). This subunit is capable of supporting 30 breeding plovers (Service 2007, Appendix B). The BLM has conducted habitat restoration within the subunit, in consultation with us.

The following features essential to the conservation of the Pacific Coast WSP can be found within the unit: Large areas of sandy dunes, areas of sandy beach above and below the high-tide line, and generally barren to sparsely vegetated terrain.

Primary threats to adult Pacific Coast WSPs, chicks, and nests that may require special management are: nonnative vegetation, OHV use, and disturbance from equestrians and humans with pets. Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained within the unit. With time, we anticipate that the lower portions of this unit will be inundated with sea-level rise associated with climate change.

CA 5B, Eel River North Spit and Beach, 259 ac (105 ha):

This subunit is located in Humboldt County about 4 mi (7 km) east of the Town of Loleta and stretches from Table Bluff on the north to the mouth of the Eel River in the south. The subunit is estimated to be 3.9 mi (7 km) long, and is managed by the CDFG, except for 7 ac (3 ha) of private land.

This subunit was occupied at the time of listing and is currently occupied with a wintering population of Pacific Coast WSPs estimated at less than 20 (Service unpublished data). As many as 11 breeders have been observed during breeding season window surveys, with a breeding population estimated at less than 15 (Colwell

et al.

2009, p. 9). We expect this subunit to eventually support 20 breeding plovers with proper management (Service 2007, Appendix B).

Essential features of the subunit include: Large areas of sandy, sparsely vegetated dunes for reproduction and normal behavior, and areas of sandy beach above and below the high-tide line supporting small invertebrates for foraging. Surf-cast organic debris is an important component of the habitat in this subunit, providing shelter from the wind both for nesting Pacific Coast WSPs and for invertebrate prey species.

Threats to essential physical and biological features that may require special management include nonnative vegetation, predators, OHVs, and disturbance from equestrians and humans with pets. Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained within the subunit. With time, we anticipate that the lower portions of this subunit will be inundated with sea-level rise associated with climate change.

CA 5C, Eel River South Spit and Beach, 339 ac (137 ha):

This subunit, located in Humboldt County, encompasses the beach segment from the mouth of the Eel River, south to Centerville Road, approximately 4 mi (7 km) west of the City of Ferndale. The subunit is 5 mi (8 km) long, 317 ac (128 ha) are managed by the State, and the remaining 22 ac (9 ha) are managed by Humboldt County or are privately owned.

This subunit was occupied at the time of listing and is currently occupied and capable of supporting 20 breeding Pacific Coast WSPs. A single nest was found during the 2004 breeding season (Colwell

et al.

2004, p. 7). The winter population is estimated at under 80 plovers, many of which breed on the Eel River gravel bars (CA 5) (Service unpublished data).

Essential physical and biological features of the subunit include: large areas of sandy dunes, areas of sandy beach above and below the high-tide line, and generally barren to sparsely vegetated terrain for foraging. Threats to essential features that may require special management include nonnative vegetation, predators, OHVs, and disturbance from equestrians and humans with pets. Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained within the subunit. With time, we anticipate that the lower portions of this subunit will be inundated with sea-level rise associated with climate change.

CA 6, Eel River Gravel Bars; 1,139 ac (461 ha):

This unit, located in Humboldt County, is largely inundated during winter months due to high flows in the Eel River. The unit is 6.4 mi (8 km) from the City of Fernbridge, and includes gravel bars between Fernbridge and the confluence of the Van Duzen River. The Eel River is contained by levees in this section, and consists of gravel bars and wooded islands. The unit contains a total of 1,139 ac (461 ha), of which 176 ac (71 ha) are owned and managed by Humboldt County, 82 ac (33 ha) are under the jurisdiction of the California State Lands Commission, and 881 ac (357 ha) are privately owned.

This unit was occupied at the time of listing and is currently occupied and capable of supporting 40 breeding Pacific Coast WSPs. Breeding window surveys have documented 22 breeding birds in this unit; however, those numbers have dropped off in recent years (Colwell

et al.

2009, p. 9; Service unpublished data).

Essential features of this unit include bare, open gravel bars comprised of both sand and cobble, which support reproduction and foraging. This unit harbors the most important breeding habitat in California north of San Francisco Bay, having the highest fledging success rate of any area from Mendocino County to the Oregon border. Threats to essential physical and biological features that may require special management include predators, OHVs, disturbance from gravel mining, and humans with pets. Gravel mining is managed through a Clean Water Act permit issued by the USACE. Monitoring of the unit is needed to ensure mining activities and recreational activities do not reduce the suitability of the habitat by reducing important elements of essential physical and biological features.

CA 7, MacKerricher Beach, 1,176 ac (476 ha):

This unit is approximately 3.5 mi (5.6 km) long. The unit is just south of the Ten Mile River, and approximately 4 mi (6 km) north of the City of Fort Bragg located in Mendocino County. CDPR manages approximately 1,102 ac (446 ha), and 74 ac (30 ha) are private. CDPR has been conducting removal of European beach grass to improve habitat for the Pacific Coast WSP and other sensitive dune species within the unit. This unit was occupied at the time of listing and is currently occupied and is capable of supporting 20 breeding plovers (Service 2007, Appendix B). The current breeding population is estimated at less than 10 (Colwell

et al.

2009, p. 9). The winter population of plovers is under 45 (Service unpublished data).

Essential features of the unit include: Large areas of sandy dunes, areas of sandy beach above and below the high-tide line, and generally barren to sparsely vegetated terrain.

Threats to nests, chicks and both wintering and breeding adults that may require special management include nonnative vegetation, predators, and disturbance from equestrians and humans with pets. Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained within the unit. With time, we anticipate that the lower portions of this unit will be inundated with sea-level rise associated with climate change.

CA 8, Manchester Beach, 482 ac (195 ha):

The Manchester Beach unit is approximately 3.5 mi (6 km) long and located in Mendocino County about 1 mi (2 km) east of the Town of Manchester. The CDPR manages 402 ac (163 ha) of the unit, while the remaining 12 ac (5 ha) are private.

This unit is currently occupied and provides an important wintering site for Pacific Coast WSPs in the region (Service 2007, Appendix B). In 2003, a pair of Pacific Coast WSPs nested within the unit, and successfully hatched two chicks. However, those chicks did not survive (Colwell

et al.

2004, p. 7). The current wintering population is estimated at less than 20 (Service unpublished data). Although occupancy at the time of listing has not been confirmed, we consider this unit essential for the conservation of the species because it provides connectivity between two currently occupied areas, dispersal habitat between units, and provides habitat for resting and foraging. This unit provides habitat to support breeding plovers and would facilitate interchange between otherwise widely separated units and helps provide habitat within a Recovery Unit. Essential features of the unit include: Large areas of sandy dunes, areas of sandy beach above and below the high-tide line, and generally barren to sparsely vegetated terrain.

CA 9, Dillon Beach, 39 ac (16 ha):

This unit is located at the mouth of Tomales Bay, in Marin County, just south of the Town of Dillon Beach. It stretches for about 0.7 mi (1 km) north from Sand Point. The unit was occupied at the time of listing, is currently occupied, and is an important wintering area for the species. Seventy-five wintering plovers were counted at this location during the January 2007 winter window survey (Service 2007, p. 4). The unit does not extend as far north as did the unit proposed for Dillon Beach in 2004 (69 FR 75607, December 17, 2004) because subsequent site visits and discussions with local surveyors have established that Pacific Coast WSPs only rarely used the area north of the presently proposed unit. The unit is entirely on private land.

Elements of essential physical and biological features provided by the unit include surf-cast debris supporting small invertebrates for foraging, and large stretches of relatively undisturbed, sparsely vegetated sandy beach, both above and below high-tide line, for foraging and potentially for nesting.

Potential threats to essential physical and biological features that may require special management include nonnative vegetation, predators, and disturbance by humans and their pets. Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained

within the unit. With time, we anticipate that the lower portions of this unit will be inundated with sea-level rise associated with climate change.

CA 10A, Point Reyes Beach, 460 ac (186 ha):

This subunit is located in Marin County to the west of the unincorporated Community of Inverness and occupies most of the west-facing beach between Point Reyes and Tomales Point. It is located entirely within the Point Reyes National Seashore, and consists primarily of dune-backed beaches. This unit was occupied at the time of listing and is currently occupied and supports both nesting and wintering Pacific Coast WSPs, and has the potential to support 50 breeding birds with proper management (Service 2007, Appendix B).

The Point Reyes Beach unit includes the following elements of physical and biological features essential to Pacific Coast WSP conservation: Sparsely vegetated sandy beach above and below high tide for nesting and foraging, wind-blown sand dunes for nesting and predator avoidance, and tide-cast debris attracting small invertebrates for foraging.

Threats in the area that may require special management include nonnative vegetation, disturbance by humans and pets, and predators (particularly ravens and crows). Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained within the subunit. With time, we anticipate that the lower portions of this subunit will be inundated with sea-level rise associated with climate change.

CA 10B, Limantour Spit, 156 ac (63 ha):

Limantour Spit is a roughly 2.25-mi (4-km) sand spit at the north end of Drake's Bay located in Marin County to the west of the unincorporated Community of Olema. The subunit includes the end of the spit, and narrows to include only the south-facing beach towards the base of the spit. It is completely within the Point Reyes National Seashore. This unit was occupied at the time of listing and is currently occupied and can support both nesting and wintering Pacific Coast WSPs, although nesting has not been documented since 2000 (Stenzel

in litt.

2004, p. 3; Service 2009, p. 3). Ninety-eight wintering plovers were counted at the site during the January 2007 window survey (Service 2007, p. 4). The subunit is expected to contribute significantly to plover conservation in the region by providing habitat capable of supporting 10 nesting birds (Service 2007, Appendix B).

Elements of essential physical and biological features at the subunit include sparsely vegetated beach sand, above and below high tide for nesting and foraging, and tide-cast debris supporting small invertebrates.

Threats to essential physical and biological features that may require special management include nonnative vegetation, disturbance by humans and pets, and nest predators such as crows and ravens. Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained within the subunit. With time, we anticipate that the lower portions of this subunit will be inundated with sea-level rise associated with climate change.

San Francisco Bay Units, (CA 11-CA 15) 1,892 ac (766 ha):

Pacific Coast WSPs nesting along the shores of the San Francisco Bay typically do so on or near managed salt ponds, which were originally established, beginning in the mid-1800s, to support a solar salt industry (Service 2009, p. 11). Although some natural salt pans existed in the area prior to establishment of the industry, they have been modified to facilitate salt production, and no such natural pans remain (Service 2009, p. 9). The salt industry eventually converted over 27,000 ac (11,000 ha) of tidal marsh to managed salt pond, mostly in the South Bay, to the detriment of many species dependent on tidal marshlands, such as the California clapper rail (

Rallus longirostrus obsoletus

) and salt marsh harvest mouse (

Reithrodontomys raviventris

) (Service 2009, p. viii, 11). The Service is, therefore, working with the CDFG and the California State Coastal Conservancy (CSCC) to carry out the South Bay Salt Pond Restoration Project (SBSPRP), which will restore over 15,000 ac (6,070 ha) of salt ponds in the South Bay back to tidal marshland (SBSPRP 2010, p. 1). This restoration effort is closely coordinated with the Service's draft Recovery Plan for Tidal Marsh Ecosystems of Northern and Central California (Draft Tidal Marsh Recovery Plan; Service 2009). Because the restored areas will not provide suitable habitat for Pacific Coast WSPs, we are not proposing to designate areas in the South Bay that are either currently undergoing or soon to undergo restoration under the SBSPRP (SBSPRP 2007, p. 1), or that are likely to undergo restoration in the future based on restoration maps in the draft Tidal Marsh Recovery Plan (Service 2009, pp. 261, 263).

CA 11, Napa-Sonoma Marshes, 618 ac (250 ha):

This proposed unit encompasses salt evaporation ponds 7 and 7A, in the Napa-Sonoma Marshes Wildlife Area, owned by the CDFG. It is situated in Napa County, about 2.3 mi (4 km) west of the Napa County Airport, and about 1.5 mi (2.4 km) south of Las Amigas Rd. The unit was occupied at the time of listing and is currently occupied. Twelve Pacific Coast WSPs were identified at the location in the summer 2009 during window surveys (Service 2009, p. 2). This is the only location in the northern portion of the San Francisco Bay known to support nesting plovers.

Elements of essential physical and biological features provided by the unit include sparsely vegetated areas above daily high tides, such as salt pans, artificial salt ponds, and adjoining levees, for nesting and foraging.

Threats to essential physical and biological features that may require special management include flooding, and nest predators such as great egrets and common ravens (Robinson-Nilsen

et al.

2009, p. 14). Control of nonnative vegetation and enforcement of existing human-use regulations are needed to ensure the physical or biological features are maintained within the unit. With time, we anticipate that the lower portions of this unit will be inundated with sea-level rise associated with climate change.

CA 12, Hayward, 1 ac (0 ha):

This unit comprises Island 5 at the Hayward Regional Shoreline Park, located to the west of the City of Hayward in Alameda County. The area is managed by the East Bay Regional Park District (EBRPD) as a nesting area for shorebirds—primarily least terns (

Sterna antillarum browni

), but also Pacific Coast WSPs (Riensche 2007, p. 1). The unit was occupied at the time of listing and is currently occupied. Three plover chicks from one nest successfully fledged from the unit in 2008 (Robinson

et al.

2008, pp. 19, 34; Riensche 2008, p. 2), but since then seven plover nesting attempts in the area have failed, primarily due to predation (Robinson-Nilsen

et al.

2009, pp. 16, 32; Robinson-Nilsen 2010, pers. comm.). The most commonly observed avian predators at the site have been California gulls, although the only actual depredation observed was by a killdeer (

Charadrius vociferus

) (Robinson-Nilsen

et al.

2009, pp. 14, 16).

Elements of essential physical and biological features provided by the unit include sparsely vegetated areas above daily high tides, such as salt pans,

artificial salt ponds, and adjoining levees, for nesting and foraging.

Threats to essential physical and biological features that may require special management focus on predation and salt pond management to control vegetation. The EBRPD is implementing a

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