# Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Rufa Red Knot > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-06619 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** April 13, 2023 - **Citation:** 88 FR 22530 ## Text DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R5-ES-2021-0032; FF09E21000 FXES1111090FEDR 234] RIN 1018-BF87 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Rufa Red Knot AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; revisions and reopening of comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our July 15, 2021, proposed rule (hereinafter the “2021 proposed rule”) to designate critical habitat for the rufa red knot ( Calidris canutus rufa ) under the Endangered Species Act of 1973, as amended (Act). In this document, we present revisions to the critical habitat designation we proposed for the species in the 2021 proposed rule. As a result of the critical habitat revisions, we now propose to designate a total of approximately 683,405 acres (276,564 hectares) as critical habitat for the rufa red knot across 127 units (18 of which are further subdivided into 46 subunits) in Massachusetts, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. This amounts to an overall increase of 32,615 acres (13,199 hectares) in our proposed critical habitat designation for the species. This revision includes seven new units in Massachusetts, New York, Virginia, North Carolina, South Carolina, and Georgia; revised units in Massachusetts, New Jersey, South Carolina, Georgia, and Texas; and corrections to reported acreages/hectares for four other units and the total acreage in the 2021 proposed rule. We are reopening the comment period to allow all interested parties the opportunity to comment on the 2021 proposed rule, as well as the revisions described in this document. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule. If the determination is finalized, the final rule will include responses to the comments previously received from the 2021 proposed rule and any comments received as part of this document's reopening of comments. DATES: The comment period for the 2021 proposed rule is reopened. So that we can fully consider your comments in our final determination, submit them on or before May 30, 2023. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES , below) must be received by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: Document availability: You may obtain copies of the 2021 proposed rule and associated documents on the internet at https://www.regulations.gov under Docket No. FWS-R5-ES-2021-0032. Written comments: You may submit written comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter the docket number or RIN for this rulemaking (presented above in the document headings). For best results, do not copy and paste either number; instead, type the docket number or RIN into the Search box using hyphens. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on “Comment.” (2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS-R5-ES-2021-0032, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803. We request that you send comments only by the methods described above. We will post all comments on https://www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments, below, for more information). FOR FURTHER INFORMATION CONTACT: Eric Schrading, Field Supervisor, U.S. Fish and Wildlife Service, New Jersey Ecological Services Field Office, 4 East Jimmie Leeds Road, Suite 4, Galloway, NJ 08205; telephone 609-382-5272. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States. SUPPLEMENTARY INFORMATION: Public Comments We will accept written comments, information, and additional data during this reopened comment period on our July 15, 2021, proposed rule to designate critical habitat for the rufa red knot (86 FR 37410) (hereinafter the “2021 proposed rule”), the revisions to the proposed critical habitat designation that are described in this document, and our revised draft economic assessment (DEA) of the proposed critical habitat designation. We will consider information and recommendations from all interested parties. We are interested in comments concerning: (1) The reasons why we should or should not designate habitat as “critical habitat” under section 4 of the Act (16 U.S.C. 1531 et seq. ), including information to inform the following factors that the regulations identify as reasons why designation of critical habitat may be not prudent: (a) The species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of such threat to the species; (b) The present or threatened destruction, modification, or curtailment of a species' habitat or range is not a threat to the species, or threats to the species' habitat stem solely from causes that cannot be addressed through management actions resulting from consultations under section 7(a)(2) of the Act; (c) Areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States; or (d) No areas meet the definition of critical habitat. (2) Specific information on: (a) The amount and distribution of rufa red knot habitat; (b) What areas, that were occupied at the time of listing (specifically referring to January 12, 2015, which is the effective date for the December 11, 2014, final listing rule (79 FR 73705)) and that contain the physical or biological features essential to the conservation of the species, should be included in the designation and why; (c) Special management considerations or protection that may be needed in critical habitat areas we are proposing, including managing for the potential effects of climate change; and (d) What areas not occupied at the time of listing are essential for the conservation of the species. We particularly seek comments regarding: (i) Whether occupied areas are adequate for the conservation of the species; and (ii) Specific information regarding whether or not unoccupied areas would, with reasonable certainty, contribute to the conservation of the species and contain at least one physical or biological feature essential to the conservation of the species. (3) Information on land ownership and land use designations and current or planned activities in the subject areas and their possible impacts on the proposed critical habitat. (4) Information on the projected and reasonably likely impacts of climate change on the rufa red knot's proposed critical habitat. (5) Any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation, and the benefits of including or excluding specific areas. (6) Information on the extent to which the description of probable economic impacts in the draft economic analysis is a reasonable estimate of the likely economic impacts. (7) Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4(b)(2) of the Act, and whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under section 4(b)(2) of the Act, in particular those based on a conservation program or plan, and why. These may include Federal, Tribal, State, county, local, or private lands with permitted conservation plans covering the species in the area such as habitat conservation plans, safe harbor agreements, or conservation easements, or non-permitted conservation agreements and partnerships that would be encouraged by designation of, or exclusion from, critical habitat. Detailed information regarding these plans, agreements, easements, and partnerships is also requested, including: (a) The location and size of lands covered by the plan, agreement, easement, or partnership; (b) The duration of the plan, agreement, easement, or partnership; (c) Who holds or manages the land; (d) What management activities are conducted; (e) What land uses are allowable; and (f) If management activities are beneficial to the rufa red knot and its habitat. (8) Ongoing or proposed conservation efforts that could result in direct or indirect ecological benefits to the associated habitat for the rufa red knot; as such, those efforts would lend to the recovery of the species and therefore areas covered may be considered for exclusion from the final critical habitat designation. (9) Whether we could improve our data 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 or to better effectuate the purposes of the Act. If you submitted comments or information on the 2021 proposed rule or DEA during the comment period that was open from July 15, 2021, to September 13, 2021, please do not resubmit them. Any such comments are already part of the public record of this rulemaking proceeding, and we will fully consider them in the preparation of our final determination. Once the determination is finalized, the final rule will take into consideration all written comments and any additional information we receive during both comment periods. The final decision may differ from this revised proposed rule, based on our review of all information we receive during this rulemaking proceeding. You may submit your comments and materials by one of the methods listed in ADDRESSES . We request that you send comments only by the methods described in ADDRESSES . If you submit a comment via https://www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the website. We will post all hardcopy comments on https://www.regulations.gov as well. If you submit a hardcopy comment that includes 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 supporting documentation we used in preparing the proposed rule and DEA, will be available for public inspection on https://www.regulations.gov at Docket No. FWS-R5-ES-2021-0032, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, New Jersey Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT ). You may obtain copies of the proposed rule and the DEA on the internet at https://www.regulations.gov at Docket No. FWS-R5-ES-2021-0032, or by mail from the New Jersey Ecological Services Field Office. Background It is our intent to discuss in this document only those topics directly relevant to these revisions of the proposed designation of critical habitat. For more information on the species, its habitat, and previous Federal actions concerning the rufa red knot, refer to the 2021 proposed rule. Proposed critical habitat for the rufa red knot consists of the area described in the 2021 proposed rule, as modified by the revisions explained in this document; both together constitute the revised proposed designation of critical habitat. On July 15, 2021, we published the 2021 proposed rule to designate critical habitat for the federally threatened rufa red knot in 120 units (18 of which are further subdivided into 46 subunits) encompassing approximately 649,066 ac (262,667 ha) in Massachusetts, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. In addition, we announced the availability of a DEA of the proposed critical habitat designation. We accepted comments on the proposed rule and DEA for 60 days, ending September 13, 2021. We also received a congressional request for additional time to review and comment on the proposed rule. Based on information we received during the public comment period and our reanalysis of the best available information, we propose to revise the critical habitat designation and are, therefore, reopening the comment period to allow the public additional time to submit comments on both the 2021 proposed rule as well as the revisions described in this document. New Information and Revisions to Proposed Critical Habitat During the public comment period, we received 92 comment letters, 59 of which contained substantive comments on the proposed critical habitat designation. We became aware of some new information during this time period, including some information based on comments received ( i.e., site-specific survey or observation data from multiple sources, and flock count data across the range of the species from bandedbirds.org ). This new information and comments received during the open comment period prompted us to reevaluate the best available information across the range of the species. In some areas, this resulted in the addition or revision of unit boundaries per the methodology used to designate critical habitat (see https://www.regulations.gov, Docket No. FWS- R5-ES-2021-0032, Supplementary Document FWS-R5-ES-2021-0032-0004). This information has resulted in changes to six units described in the 2021 proposed rule's critical habitat designation, and the addition of seven units based on areas that we found to meet the definition of critical habitat. No new areas are being proposed beyond the coastal States and counties already included in the 2021 proposed rule's critical habitat designation. The revised and new units are described in this document. In this document, we propose certain revisions to the critical habitat designation we proposed for the rufa red knot in the 2021 proposed rule. Because of these revisions, the numbering for some of the critical habitat units has changed from the 2021 proposed rule, although the names and descriptions remain the same for these units/subunits (with the exception of one unit in Georgia (GA-7) with a name change). All revisions to unit numbers are described below and listed in table 1. Specifically, there are no changes within the States of Alabama, Louisiana, and Mississippi. We corrected acreages, hectares, or both for Unit DE-4 in Delaware, VA-14 in Virginia, GA-9 in Georgia, and FL-1 in Florida that were incorrectly reported in the 2021 proposed rule; no other changes were made to these or other units in Delaware, Virginia, and Florida. We propose the following unit revisions or unit additions in the States of Massachusetts, New York, New Jersey, Virginia, North Carolina, South Carolina, Georgia, and Texas; all revisions or additions are areas occupied by the rufa red knot at the time of listing. Our regulations at 50 CFR 424.02 define the geographical area occupied by the species as an area that may generally be delineated around species' occurrences, as determined by the Secretary ( i.e., range). Such areas may include those areas used throughout all or part of the species' life cycle, even if not used on a regular basis ( e.g., migratory corridors, seasonal habitats, and habitats used periodically, but not solely, by vagrant individuals). Revisions are summarized here and full descriptions and acreage changes follow in the “Revised Proposed Critical Habitat Designation” section, below: (1) Massachusetts: We are revising unit numbers because we are adding one unit based on our review of comments received during the previous open comment period. Specifically, this addition is based on our reanalysis and consideration of observation data (Harrington et al. 2010, entire; Faherty 2021a, pers. comm.; Faherty 2021b, pers. comm.), and consideration of flock count observations between 2010 and 2019 from bandedbirds.org (BandedBirds 2021, entire). The new Unit MA-1 (Nauset Marsh) occurs in the towns of Orleans and Eastham in Barnstable County, to include the area of Salt Bay Pond, Nauset Bay, Nauset Spit, and Coast Guard Beach. We are also revising Unit MA-2 (Pleasant Bay; formerly Unit MA-1) based on our review of the same bandedbirds.org flock count observations. This revised unit begins at the northeastern end of Little Pleasant Bay and continues south along Nauset Beach South and North Beach to North Beach Island, terminating at the natural channel between North Beach Island and South Beach Island (Chatham). (2) New York: We are revising unit numbers because we are adding one unit based on our reanalysis of information in our files ( i.e., past surveys by Virginia Tech conducted on Fire Island for the Service between 2016 and 2018). In other words, during our reevaluation of the best available information, we determined an error when applying the methodology and this unit should have been included previously. The new Unit NY-2 (Old Inlet) occurs in Suffolk County, surrounded by the waters of Bellport Bay and the Atlantic Ocean. Also, we corrected the county name on the map for NY-1 to Suffolk County. (3) New Jersey: We are revising the boundary of Unit NJ-1 to reflect the development and growth of a new island east of Little Beach Island. Little Beach Island is within the Edwin B. Forsythe National Wildlife Refuge (NWR). The new island, located approximately 1,250 feet (ft) (381 meters (m)) offshore of Little Beach, is State-owned land. Prior to emerging as a full island in 2020, a smaller exposed shoal was present in this area in 2017, and was known to support rufa red knots during fall migration by 2019. Based on the high quality of this habitat, the high level of use by rufa red knots, and its protection from disturbance, we made a minor adjustment to the boundary of this unit to include the entire island at its current size and configuration. Due to the highly dynamic and shifting nature of this new island, the expanded boundary also includes areas of open waters surrounding the island in which shoaling was indicated in recent years. These minor adjustments to the boundary of this unit were made by referencing recent base maps that show the current extent of the island. (4) Virginia: We are revising some unit numbers because we are adding two units based on rufa red knot occupancy and habitat use information received by The Nature Conservancy (TNC) and also recommended by the State of Virginia (Virginia Department of Wildlife Resources 2021, p. 1; TNC 2021, p. 2; Wilke 2021, pers. comm.). The new Unit VA-12 (Ship Shoal Island) occurs in Northampton County, including both Ship Shoal Island and the area known as Godwin Island. The new unit VA-15 (Fisherman Island) occurs in Northampton County at the mouth of the Chesapeake Bay and just south of the tip of the Eastern Shore peninsula, surrounded by the waters of the Chesapeake Bay and Atlantic Ocean. As noted above, we also corrected the acreage/hectares that were incorrectly reported for Unit VA-14 (Smith Island; formerly VA-13) in the 2021 proposed rule. (5) North Carolina: We are revising some unit numbers because we are adding one unit based on rufa red knot occupancy and habitat use information received from Audubon North Carolina (Audubon North Carolina 2021, p. 2; Addison 2021, pers. comm.). The new Unit NC-6 (Lea-Hutaff Island) occurs in Pender and New Hanover Counties, stretching from the west side of New Topsail Inlet channel west across the Rich Inlet channel to the northeast end of Figure Eight Island. (6) South Carolina: We are revising some unit numbers because we are adding one unit based on our review of comments received from the South Carolina Department of Natural Resources (SCDNR) (SCDNR 2021, p. 3). The new Unit SC-22 (Bay Point Beach) occurs east of Hilton Head Island on the eastern side of Port Royal Sound in Beaufort County. We are also revising and renaming Unit SC-21 (Fripp Island, Pritchards Island, and Little Capers Island Beaches) and revising Unit SC-25 (Turtle Island and Tomkins Island Beaches; formerly Unit SC-24, Turtle Island Beach) based on our review of comments received from the SCDNR (SCDNR 2021, p. 3). Units SC-21 and SC-25 include both a change to the unit name and the unit boundary. The revised Unit SC-21 begins at the Fripp Inlet shoreline of Fripp Island, continues along the Atlantic coast shoreline of Fripp Island, and now extends along the Atlantic coast shoreline of Pritchards Island and Little Capers Island. The revised Unit SC-25 begins at the Calibogue Sound shoreline of Turtle Island and now includes all of Tompkins Island in Calibogue Sound east of Turtle Island, although the adjusted boundary actually resulted in an overall decrease of 27 ac (11 ha) in unit size compared to the 2021 proposed rule. (7) Georgia: We are revising unit numbers because we are adding one unit and revising two units based on our review of comments received from the Georgia Department of Natural Resources (GADNR) (GADNR 2021, p. 2; Smith 2021, pers. comm.). The new Unit GA-1 (Cockspur Island and Daymark Island Beaches) occurs in the Savannah River adjacent to Tybee Island in Chatham County. Units GA-5 and GA-10 include both a change to the unit name and the unit boundary; we also renamed Unit GA-7 to St. Catherine's Island Beach and St. Catherine's Island Bar (formerly St. Catherine's Island Beach). The revised Unit GA-5 (Little Ogeechee River Shoreline and Raccoon Key; formerly Raccoon Key) now begins at the Green Island shoreline of the Little Ogeechee River, continues east along the shorelines of Little Wassaw Island and Pine Island to the Odingsell River entrance behind Wassaw Island. The revised Unit GA-10 (Queens Island, Wolf Island, Egg Island, Little Egg Island, and Little Egg Bar; formerly Wolf Island, Egg Island, Little Egg Island, and Little Egg Island Bar) now begins at the Black River shoreline of Queens Island and extends south along the Wolf Island shoreline, which includes Wolf Island Bar, to the eastern and southern shorelines of Little Egg Island Bar Natural Area southwest to Egg Island in the Altamaha Sound. As noted above, we also corrected the acreage/hectares that were incorrectly reported for Unit GA-9 (Sapelo Island Beach; formerly GA-8), and changed the name for Unit GA-7 to “St. Catherine's Island Beach and St. Catherine's Island Bar” (formerly GA-6, St. Catherine's Island Beach) in the 2021 proposed rule. (8) Texas: We are revising two proposed units of critical habitat—Units TX-1 (Rollover Pass to Bolivar Flats) and TX-11 (South Bay/Boca Chica)—based on our reanalysis of the best available information, including comments received during the open comment period. In our review of the flock count observation data from bandedbirds.org provided during the open comment period, we identified an error in the proposed boundary of Unit TX-1, which occurs in Galveston County. Based on eBird data and our assessment of habitat features, as described in the 2021 proposed rule, unit description, Unit TX-1 should include additional sand flats habitat on the bayside of Rollover Pass. Additionally, due to an oversight, we are proposing including additional adjacent habitat to the proposed Unit TX-11, which occurs in Cameron County. This unit should be extended to the east of South Bay to include important habitat features that should have been included previously; although the boundary should change to incorporate adjacent habitat features, the detailed unit description will not change. Finally, when we conducted a reanalysis of the best available information, we determined two incorrect total State acreages for rufa red knot proposed critical habitat that affected the calculation for the overall/total acreage of the proposed critical habitat designation. In short, the total acreages calculated for the States of North Carolina and Florida were incorrectly summed, resulting in the overall proposed critical habitat acreage reported as 649,066 ac (262,668 ha). With the corrected summed values for these two States, the total acreage for the 2021 proposed rule should have been 650,791 ac (263,366 ha). When considering this corrected total acreage and the revisions, additions, and corrections described herein, the revised proposed critical habitat designation total is 683,405 ac (276,564 ha), resulting in an overall increase in proposed critical habitat of 32,615 ac (13,199 ha). All of the additional unit acreage in the above-described revised and new units were occupied at the time of listing and are currently occupied, contain one or more of the physical or biological features to support life-history functions essential to the conservation of the rufa red knot, and may require special management considerations or protection from threats as described in the 2021 proposed rule. For clarity, we also propose to add short textual descriptions of each proposed unit in the regulatory text of the critical habitat designation. The Draft Economic Analysis (DEA) for the proposed critical habitat designation, entitled: Draft Screening Analysis of the Likely Economic Impacts of the Proposed Rule to Designate Critical habitat for the Rufa Red Knot (IEc 2021a) has been revised to include additional information for the counties containing the new units (MA-2, NY-2, VA-12, VA-15, NC-6, SC-22, and GA-1) and revised units (Units NJ-1, SC-21, SC-25, GA-5, GA-10, TX-1, and TX-11) (IEc 2021b). Based on consultation history for the rufa red knot and with consideration of the areas added in this revised proposed rule, the number of future consultations, including technical assistances, is likely to be approximately 250 per year on average. The additional administrative cost of addressing adverse modification in these consultations is likely to be less than $550,000 per year. This represents a 15 percent increase in cost relative to the April 2021 version of the DEA, which also likely overstates rather than understates the impacts (IEc 2021b, p. 17). Physical or Biological Features Essential to the Conservation of the Species For a full description of the physical or biological features essential to the conservation of the rufa red knot, refer to the 2021 proposed rule. No changes were made to the physical or biological features, which include: (1) Beaches and tidal flats used for foraging; (2) Upper beach areas used for roosting, preening, resting, or sheltering; (3) Ephemeral and/or dynamic coastal features used for foraging or roosting; (4) Ocean vegetation deposits or surf-cast wrack used for foraging and roosting; (5) Intertidal peat banks used for foraging and roosting; (6) Features landward of the beach that support foraging or roosting; and, (7) Artificial habitat mimicking natural conditions or maintaining the physical or biological features 1 to 6 (above). Revised Proposed Critical Habitat Designation In total, we now propose to designate approximately 683,405 ac (276,564 ha) in 127 units (18 of which are further subdivided into 46 subunits) as critical habitat for rufa red knot in Massachusetts, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. The proposed critical habitat areas described below constitute our best assessment, at this time, of areas that meet the definition of critical habitat, and all units were occupied at the time of listing and are considered currently occupied by the species. Table 1, below, shows the proposed unit or subunit names, land ownership, and approximate acreage. Where appropriate, table 1 also notes the previous number for units for which the numbering has changed. As noted in the 2021 proposed rule, the land ownership values in many (but not all) proposed critical habitat units also include a category called “uncategorized lands.” For the purposes of this analysis and proposed critical habitat designation, this category refers to open water. Although open water is not rufa red knot habitat per se, it is an integral part of the habitat mosaic that these birds require. Rufa red knots use the edges of certain coastal ponds, marsh blowouts, salt pannes, and sand or mud flats that may be classified by some States as open water if they are submerged during high tides. Additionally, open waters at inlets are regularly reshaped by natural coastal processes that create and maintain dynamic and ephemeral rufa red knot habitat features, such as shoals and spits. The areas we propose as critical habitat for the rufa red knot are organized by State, north to south; thus, some units were renumbered when new units were included in between other units that were presented in the 2021 proposed rule's critical habitat designation. This document presents brief descriptions of the revised and new units, including the reasons why they meet the definition of critical habitat for the rufa red knot. Also, many of the proposed units presented in the 2021 proposed rule (including some of the revised and new units presented in this document) overlap in part or whole with existing critical habitat designated for one or more other federally threatened species ( i.e., the piping plover (Charadrius melodus), the loggerhead sea turtle (Caretta caretta), the Gulf sturgeon (Acipenser oxyrinchus desotoi), and the West Indian manatee (Trichechus manatus) ), and one federally endangered species ( i.e., the aboriginal prickly-apple (Harrisia aboriginum) ). Table 2, below, shows the acreage of overlap between the rufa red knot proposed critical habitat designation and the existing critical habitat designated for these other federally listed species, including notation of changes based on this revised proposed rule. Additional considerations for the previously proposed units and the revised or new units presented in this document include: (1) Most of the units contain highly dynamic barrier beaches and intertidal seashore areas that are covered at high tide and uncovered at low tide. This area has the potential to vary year-to-year. In other words, the precise location of the physical or biological features may shift daily as a result of tides, but also may shift over time somewhat because of the intrinsically dynamic nature of shorelines and due to sea level rise. In general, the physical or biological features we describe are the intertidal areas and sandy beaches up to the vegetated or developed areas that do not contain the physical or biological features. (2) The availability of different habitats based on the tide cycle may also cause rufa red knots to vary foraging or roosting locations throughout a day and/or forage at night. Table 1—Revised Proposed Critical Habitat Units for the Rufa Red Knot Critical habitat unit or subunit name (State) Land ownership by type Approx. acres Approx. hectares Proposed changes Previous unit numbering Massachusetts MA-1 Nauset Marsh Federal 1,340 543 New Unit New Unit. State 0 0 Private/Other 136 55 Uncategorized 744 301 Total 2,219 899 MA-2 Pleasant Bay Federal 126 51 No Change Formerly MA-1. State 0 0 No Change Private/Other 2,005 812 +409 ac (166 ha) Uncategorized 2,827 1,144 +193 ac (78 ha) Total 4,959 2,007 +602 ac (244 ha) MA-3 Monomoy and South Beach Islands Federal 4,047 1,638 No Change Formerly MA-2. State 0 0 Private/Other 1,045 423 Uncategorized 0 0 Total 5,093 2,061 New York NY-1 Moriches Inlet Federal 78 32 No Change No Change. State 63 25 Private/Other 163 66 Uncategorized 697 282 Total 1,001 405 NY-2 Old Inlet Federal 1,481 599 New Unit New Unit. State 232 94 Private/Other 67 27 Uncategorized 0 0 Total 1,781 721 NY-3 Jones Inlet Federal 0 0 No Change Formerly NY-2. State 710 287 Private/Other 1,111 450 Uncategorized 0 0 Total 1,821 737 NY-4 Jamaica Bay Federal 5,458 2,209 No Change Formerly NY-3. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 5,458 2,209 New Jersey NJ-1 Brigantine and Little Egg Inlets Federal 1,560 632 No Change No Change. State 3,187 1,291 No Change Private/Other 10 4 No Change Uncategorized 5,194 2,101 +233 ac (95 ha) Total 9,952 4,027 +233 ac (95 ha) NJ-2 Seven Mile Beach Federal 0 0 No Change No Change. State 0 0 Private/Other 536 217 Uncategorized 0 0 Total 536 217 NJ-3 Hereford Inlet Federal 0 0 No Change No Change. State 175 71 Private/Other 735 297 Uncategorized 721 292 Total 1,631 660 NJ-4 Two Mile Beach Federal 128 52 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 128 52 NJ-5 Cape May Bayshore Federal 133 54 No Change No Change. State 44 18 Private/Other 167 67 Uncategorized 858 347 Total 1,202 487 NJ-6 Dennis Creek Federal 0 0 No Change No Change. State 279 113 Private/Other 0 0 Uncategorized 0 0 Total 279 113 NJ-7 Heislerville Federal 0 0 No Change No Change. State 524 211 Private/Other 459 186 Uncategorized 127 52 Total 1,110 449 NJ-8 Egg Island Federal 0 0 No Change No Change. State 1,908 773 Private/Other 32 13 Uncategorized 14 5 Total 1,955 791 NJ-9 Newport Neck Federal 0 0 No Change No Change. State 202 82 Private/Other 176 71 Uncategorized 93 38 Total 472 191 Delaware DE-1A St. Jones North Federal 0 0 No Change No Change. State 37 15 Private/Other 3 1 Uncategorized 3 1 Total 43 18 DE-1B St. Jones South Federal 0 0 No Change No Change. State 1 0.5 Private/Other 2 0.6 Uncategorized 0 0 Total 3 1 DE-2A North Brokonbridge Gut Federal 0 0 No Change No Change. State 2 1 Private/Other 91 37 Uncategorized 0 0 Total 93 37 DE-2B South Brokonbridge Gut Federal 0 0 No Change No Change. State 0 0 Private/Other 70 29 Uncategorized 0 0 Total 70 29 DE-3A Main Harbor Federal 0 0 No Change No Change. State 32 13 Private/Other 0 0 Uncategorized 29 12 Total 61 25 DE-3B Rawley Island Roost Federal 0 0 No Change No Change. State 1,139 461 Private/Other 153 62 Uncategorized 6 2 Total 1,298 525 DE-3C Slaughter Beach Federal 1 0.25 No Change No Change. State 59 24 Private/Other 2 1 Uncategorized 528 213 Total 590 239 DE-4 Prime Hook Federal 482 195 +2 ac (0 ha); correction No Change. State 0 0 No Change Private/Other 6 2 No Change Uncategorized 14 6 −49 ac (19 ha); correction Total 503 203 −46 ac (19 ha); correction Virginia VA-1 Assateague Island Federal 2,817 1,140 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 2,817 1,140 VA-2A Wallops Island North Federal 540 218 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 540 218 VA-2B Wallops Island South Federal 31 13 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 31 13 VA-3 Assawoman Island Federal 633 256 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 633 256 VA-4 Metompkin Island Federal 64 26 No Change No Change. State 56 22 Private/Other 1,239 502 Uncategorized 110 44 Total 1,468 594 VA-5 Cedar Island Federal 203 82 No Change No Change. State 77 31 Private/Other 920 372 Uncategorized 1,074 434 Total 2,274 920 VA-6 Parramore Island Federal 0 0 No Change No Change. State 0 0 Private/Other 5,631 2,280 Uncategorized 1,171 473 Total 6,802 2,753 VA-7 Chimney Pole Marsh Federal 0 0 No Change No Change. State 1,224 496 Private/Other 285 116 Uncategorized 495 200 Total 2,004 811 VA-8 Hog Island Federal 0 0 No Change No Change. State 16 7 Private/Other 2,966 1,201 Uncategorized 253 101 Total 3,235 1,309 VA-9 Cobb Island Federal 0 0 No Change No Change. State 16 7 Private/Other 1,778 720 Uncategorized 547 221 Total 2,342 948 VA-10 Little Cobb Island Federal 0 0 No Change No Change. State 0 0 Private/Other 82 33 Uncategorized 0 0 Total 82 33 VA-11 Wreck Island Federal 0 0 No Change No Change. State 1,270 514 Private/Other 0 0 Uncategorized 0 0 Total 1,270 514 VA-12 Ship Shoal Island Federal 0 0 New Unit New Unit. State 426 172 Private/Other 1,941 785 Uncategorized 60 24 Total 2,426 982 VA-13 Myrtle Island Federal 0 0 No Change Formerly VA-12. State 0 0 Private/Other 1,028 417 Uncategorized 388 156 Total 1,416 573 VA-14 Smith Island Federal 0 0 No Change to Unit But Corrected Acreage Formerly VA-13. State 0 0 Private/Other 3,258 1,319 Uncategorized 0 0 Total 3,258 1,319 VA-15 Fisherman Island Federal 2,413 977 New Unit New Unit. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 2,413 977 North Carolina NC-1A Hatteras Island and Shoals Federal 4,940 1,999 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 814 329 Total 5,754 2,329 NC-1B Ocracoke Island Federal 1,427 577 No Change No Change. State 3,612 1,462 Private/Other 0 0 Uncategorized 575 233 Total 5,613 2,271 NC-2A North Core Banks Federal 6,534 2,644 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 1,654 669 Total 8,187 3,313 NC-2B South Core Banks Federal 3,094 1,252 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 3,094 1,252 NC-3 Shackleford Island Federal 4,972 2,012 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 4,972 2,012 NC-4 Emerald Isle-Atlantic Beach Federal 0 0 No Change No Change. State 1,908 772 Private/Other 122 50 Uncategorized 0 0 Total 2,030 822 NC-5 New Topsail Inlet-Topsail Beach Federal 0 0 No Change No Change. State 0 0 Private/Other 1,612 652 Uncategorized 0 0 Total 1,612 652 NC-6 Lea-Hutaff Island Federal 0 0 New Unit New Unit. State 72 29 Private/Other 427 173 Uncategorized 586 237 Total 1,085 439 NC-7 Cape Fear-Fort Fisher Federal 0 0 No Change Formerly NC-6. State 1,713 693 Private/Other 274 111 Uncategorized 0 0 Total 1,986 804 NC-8 Ocean Isle Beach Federal 0 0 No Change Formerly NC-7. State 182 73 Private/Other 116 47 Uncategorized 0 0 Total 298 120 NC-9 Sunset Beach-Bird Island Federal 0 0 No Change Formerly NC-8. State 345 139 Private/Other 39 16 Uncategorized 0 0 Total 384 155 South Carolina SC-1 Garden City Beach Federal 0 0 No Change No Change. State 267 108 Private/Other 349 141 Uncategorized 0 0 Total 616 249 SC-2 Huntington Beach State Park-Litchfield Beach Federal 0 0 No Change No Change. State 80 32 Private/Other 1,554 629 Uncategorized 0 0 Total 1,634 661 SC-3 Sand and South Island Beaches Federal 0 0 No Change No Change. State 7,843 3,174 Private/Other 129 52 Uncategorized 283 115 Total 8,256 3,341 SC-4 Murphy Island Beach Federal 0 0 No Change No Change. State 8,312 3,364 Private/Other 0 0 Uncategorized 0 0 Total 8,312 3,364 SC-5 North Cape Island Beach Federal 775 313 No Change No Change. State 495 200 Private/Other 0 0 Uncategorized 0 0 Total 1,270 514 SC-6 South Cape and Lighthouse Island Beaches Federal 1,552 628 No Change No Change. State 485 196 Private/Other 0 0 Uncategorized 0 0 Total 2,037 824 SC-7 Raccoon Key Complex and White Banks Beaches Federal 5,324 2,154 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 5,324 2,154 SC-8 Marsh Island Federal 415 168 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 415 168 SC-9 Bulls Island Beach Federal 5,200 2,104 No Change No Change. State 941 381 Private/Other 0 0 Uncategorized 0 0 Total 6,141 2,485 SC-10 Capers Island Beach Federal 0 0 No Change No Change. State 2,534 1,026 Private/Other 0 0 Uncategorized 0 0 Total 2,534 1,026 SC-11 Dewees Island Beach Federal 0 0 No Change No Change. State 265 107 Private/Other 1,547 626 Uncategorized 0 0 Total 1,812 733 SC-12 Isle of Palms Beach Federal 0 0 No Change No Change. State 754 305 Private/Other 3,363 1,361 Uncategorized 0 0 Total 4,117 1,666 SC-13 Sullivan's Island Beach Federal 83 34 No Change No Change. State 694 281 Private/Other 1,005 407 Uncategorized 0 0 Total 1,782 721 SC-14 Folly Beach Federal 0 0 No Change No Change. State 0 0 Private/Other 1,989 805 Uncategorized 0 0 Total 1,989 805 SC-15 Bird Key Stono Federal 0 0 No Change No Change. State 294 119 Private/Other 0 0 Uncategorized 0 0 Total 294 119 SC-16 Kiawah and Seabrook Island Beaches Federal 0 0 No Change No Change. State 1,399 566 Private/Other 9,850 3,986 Uncategorized 0 0 Total 11,250 4,553 SC-17 Deveaux Bank Federal 0 0 No Change No Change. State 1,328 538 Private/Other 0 0 Uncategorized 0 0 Total 1,328 538 SC-18 Edisto Island Beaches Federal 0 0 No Change No Change. State 650 263 Private/Other 1,093 442 Uncategorized 0 0 Total 1,743 705 SC-19 Pine and Otter Island Beaches Federal 0 0 No Change No Change. State 6,296 2,548 Private/Other 6 2 Uncategorized 0 0 Total 6,302 2,550 SC-20 Harbor and Hunting Island Beaches Federal 0 0 No Change No Change. State 3,246 1,313 Private/Other 820 331 Uncategorized 0 0 Total 4,066 1,645 SC-21 Fripp, Pritchards, and Little Capers Islands' Beaches Federal 0 0 No Change No Change. State 4,055 1,641 +3,750 ac (1,517 ha) Private/Other 6,123 2,478 +5,694 ac (2,304 ha) Uncategorized 0 0 No Change Total 10,178 4,119 +9,444 ac (3,822 ha) SC-22 Bay Point Island Beach Federal 0 0 New Unit New Unit. State 553 224 Private/Other 1,145 464 Uncategorized 0 0 Total 1,698 687 SC-23 Hilton Head Island Beach Federal 0 0 No Change Formerly SC-22. State 1,015 411 Private/Other 667 270 Uncategorized 0 0 Total 1,682 681 SC-24 Daufuskie Island Beach Federal 0 0 No Change Formerly SC-23. State 0 0 Private/Other 6,370 2,578 Uncategorized 0 0 Total 6,370 2,578 SC-25 Turtle Island and Tomkins Island Beaches Federal 0 0 No Change Formerly SC-24.. State 1,771 717 −27 ac (11 ha) Private/Other 0 0 No Change Uncategorized 0 0 No Change Total 1,771 717 −27 ac (11 ha) SC-26 Jones Island Beach Federal 785 318 No Change Formerly SC-25. State 2,240 907 Private/Other 0 0 Uncategorized 0 0 Total 3,025 1,225 Georgia GA-1 Cockspur Island and Daymark Island Beaches Federal 708 287 New Unit New Unit. State 94 38 Private/Other 0 0 Uncategorized 0 0 Total 802 325 GA-2 Tybee Island Beach Federal 0 0 No Change Formerly GA-1. State 6 2 Private/Other 1,721 697 Uncategorized 319 129 Total 2,046 828 GA-3 Little Tybee Island Complex Federal 0 0 No Change Formerly GA-2. State 0 0 Private/Other 8,265 3,345 Uncategorized 0 0 Total 8,265 3,345 GA-4 Wassaw Island Beach Federal 3,001 1,215 No Change Formerly GA-3. State 0 0 Private/Other 274 111 Uncategorized 1,020 412 Total 4,296 1,738 GA-5 Little Ogeechee River Shoreline and Raccoon Key Federal 3,136 1,267 +3,136 ac (1,267 ha) Formerly GA-4. State 1,435 581 −164 ac (66 ha) Private/Other 0 0 No Change Uncategorized 0 0 No Change Total 4,571 1,850 +2,972 ac (1,203 ha) GA-6 Ossabaw Island Beach Federal 0 0 No Change to Unit But Corrected Hectares Formerly GA-5. State 28,621 11,582 Private/Other 0 0 Uncategorized 3,736 1,512 Total 32,357 13,095 GA-7 St. Catherine's Island Beach and St. Catherine's Island Bar Federal 0 0 No Change to Unit But Corrected Hectares Formerly GA-6. State 2,106 853 Private/Other 11,810 4,779 Uncategorized 2,046 828 Total 15,962 6,460 GA-8 Blackbeard Island Beach Federal 4,954 2,006 No Change Formerly GA-7. State 80 32 Private/Other 0 0 Uncategorized 1,287 519 Total 6,321 2,557 GA-9 Sapelo Island Beach Federal 0 0 Total Hectares Corrected Formerly GA-8. State 2,481 1,004 Private/Other 0 0 Uncategorized 0 0 Total 2,481 1,004 GA-10 Queens Island, Wolf Island, Egg Island, Little Egg Island, and Little Egg Island Bar Federal 5,527 2,237 +2,552 ac (1,033 ha) Formerly GA-9. State 261 106 +21 ac (9 ha) Private/Other 1,865 755 +1,865 ac (755 ha) Uncategorized 4,248 1,719 +2,155 ac (872 ha) Total 11,901 4,816 +6,593 ac (2,668 ha) GA-11 Little St. Simon's Island Beach Federal 0 0 No Change Formerly GA-10. State 113 46 Private/Other 7,462 3,022 Uncategorized 1,479 596 Total 9,053 3,664 GA-12 Sea and St. Simon's Island Beaches Federal 0 0 No Change Formerly GA-11. State 4 2 Private/Other 3,448 1,395 Uncategorized 581 235 Total 4,033 1,631 GA-13 Jekyll Island Beach Federal 0 0 No Change Formerly GA-12. State 5,944 2,406 Private/Other 0 0 Uncategorized 343 139 Total 6,287 2,545 GA-14 Little Cumberland and Cumberland Island Beaches Federal 23,367 9,456 No Change to Unit But Corrected Hectares Formerly GA-13. State 1,685 682 Private/Other 0 0 Uncategorized 3,085 1,248 Total 28,137 11,387 Florida FL-1 Nassau Sound-Fort George Sound-Fort George Inlet Complex Federal 996 404 No Change to Unit But Corrected Hectares No Change. State 522 211 Private/Other 27 11 Uncategorized 2,779 1,125 Total 4,324 1,750 FL-2 Ponce Inlet Complex Federal 16,660 6,742 No Change No Change. State 3,005 1,216 Private/Other 0 0 Uncategorized 18 7 Total 19,683 7,965 FL-3 Merritt Island National Wildlife Refuge Impoundments Federal 6,947 2,811 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 6,947 2,811 FL-4A Cape Romano Complex Federal 13,138 5,317 No Change to Unit But Corrected Hectares No Change. State 12,605 5,101 Private/Other 0 0 Uncategorized 470 190 Total 26,213 10,608 FL-4B Marco Island Federal 0 0 No Change No Change. State 408 165 Private/Other 8 3 Uncategorized 0 0 Total 416 168 FL-5 Marco Bay Complex Federal 0 0 No Change No Change. State 3,531 1,429 Private/Other 58 24 Uncategorized 0 0 Total 3,589 1,453 FL-6A Cocohatchee Inlet Complex Federal 0 0 No Change No Change. State 9 4 Private/Other 0 0 Uncategorized 0 0 Total 9 4 FL-6B Barefoot Beach Federal 0 0 No Change No Change. State 18 7 Private/Other 21 9 Uncategorized 0 0 Total 39 16 FL-7A Lovers Key Federal 0 0 No Change No Change. State 4 1 Private/Other 0 0 Uncategorized 0 0 Total 4 1 FL-7B Estero Island Federal 0 0 No Change No Change. State 171 69 Private/Other 0 0 Uncategorized 0 0 Total 171 69 FL-8 Bunche Beach Federal 23 9 No Change No Change. State 264 107 Private/Other 47 19 Uncategorized 0 0 Total 334 135 FL-9A J.N. “Ding” Darling National Wildlife Refuge Federal 3,451 1,397 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 3,451 1,397 FL-9B Sanibel Island Federal 307 124 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 307 124 FL-10A Don Pedro Federal 0 0 No Change No Change. State 147 60 Private/Other 0 0 Uncategorized 0 0 Total 147 60 FL-10B Stump Pass Beach State Park Federal 0 0 No Change No Change. State 11 4 Private/Other 0 0 Uncategorized 0 0 Total 11 4 FL-11 Siesta Key Federal 0 0 No Change No Change. State 53 21 Private/Other 0 0 Uncategorized 0 0 Total 53 21 FL-12A Lido Key Federal 0 0 No Change No Change. State 81 33 Private/Other 0 0 Uncategorized 0 0 Total 81 33 FL-12B Longboat Key Federal 0 0 No Change No Change. State 369 149 Private/Other 0 0 Uncategorized 0 0 Total 369 149 FL-13 North Anna Maria Island Federal 56 23 No Change No Change. State 889 360 Private/Other 0 0 Uncategorized 0 0 Total 945 383 FL-14 Egmont Key Federal 15 6 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 15 6 FL-15A Fort De Soto County Park Federal 0 0 No Change No Change. State 0 0 Private/Other 427 173 Uncategorized 0 0 Total 427 173 FL-15B Shell Key Preserve Federal 0 0 No Change No Change. State 322 130 Private/Other 0 0 Uncategorized 0 0 Total 322 130 FL-15C Saint Petersburg Beach Federal 0 0 No Change No Change. State 107 43 Private/Other 0 0 Uncategorized 0 0 Total 107 43 FL-16 Indian Shores-Redington Beach Federal 0 0 No Change No Change. State 196 79 Private/Other 0 0 Uncategorized 0 0 Total 196 79 FL-17 Belleair Beach Federal 0 0 No Change No Change. State 123 50 Private/Other 0 0 Uncategorized 0 0 Total 123 50 FL-18A Caladesi Island Federal 0 0 No Change No Change. State 259 105 Private/Other 0 0 Uncategorized 0 0 Total 259 105 FL-18B Honeymoon Island Federal 0 0 No Change No Change. State 294 119 Private/Other 0 0 Uncategorized 0 0 Total 294 119 FL-18C Three Rooker Bar Federal 0 0 No Change No Change. State 335 136 Private/Other 0 0 Uncategorized 0 0 Total 335 136 FL-19 Anclote Key Federal 0 0 No Change No Change. State 1,547 626 Private/Other 0 0 Uncategorized 0 0 Total 1,547 626 FL-20 Cedar Keys Complex Federal 2,498 1,011 No Change to Unit But Corrected Hectares No Change. State 7,792 3,153 Private/Other 5,928 2,399 Uncategorized 19,407 7,854 Total 35,626 14,417 FL-21 St. Marks National Wildlife Refuge Federal 2,074 839 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 2,074 839 FL-22A Mashes Sands Federal 0 0 No Change No Change. State 262 106 Private/Other 0 0 Uncategorized 0 0 Total 262 106 FL-22B Bald Point State Park Federal 0 0 No Change No Change. State 439 178 Private/Other 6 2 Uncategorized 0 0 Total 445 180 FL-22C Alligator Point Federal 0 0 No Change No Change. State 0 0 Private/Other 722 292 Uncategorized 0 0 Total 722 292 FL-23A Turkey Point Shoal Federal 0 0 No Change No Change. State 531 215 Private/Other 0 0 Uncategorized 0 0 Total 531 215 FL-23B Lanark Reef Federal 0 0 No Change No Change. State 805 326 Private/Other 61 25 Uncategorized 0 0 Total 865 350 FL-23C East Dog Island Federal 0 0 No Change No Change. State 0 0 Private/Other 771 312 Uncategorized 0 0 Total 771 312 FL-23D West Dog Island Federal 0 0 No Change No Change. State 0 0 Private/Other 751 304 Uncategorized 0 0 Total 751 304 FL-23E McKissack Beach, Carrabelle Federal 0 0 No Change No Change. State 114 46 Private/Other 3 1 Uncategorized 0 0 Total 117 47 FL-23F East St. George Island State Park Federal 0 0 No Change No Change. State 978 396 Private/Other 0 0 Uncategorized 0 0 Total 978 396 FL-23G St. George Island State Park and Bayshore Shoals Federal 0 0 No Change No Change. State 162 65 Private/Other 0 0 Uncategorized 0 0 Total 162 65 FL-24A Little St. George Island State Park-West Federal 0 0 No Change No Change. State 953 386 Private/Other 0 0 Uncategorized 0 0 Total 953 386 FL-24B St. Vincent National Wildlife Refuge Federal 742 300 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 742 300 FL-24C Flagg Island Shoals Federal 0 0 No Change No Change. State 517 209 Private/Other 0 0 Uncategorized 0 0 Total 517 209 FL-25A Cape San Blas to Indian Pass Federal 0 0 No Change No Change. State 133 54 Private/Other 486 197 Uncategorized 0 0 Total 620 251 FL-25B St. Joseph Bay-Eastern Shore Federal 0 0 No Change No Change. State 761 308 Private/Other 66 27 Uncategorized 0 0 Total 827 335 Alabama AL-1 Dauphin Island Federal 484 196 No Change No Change. State 848 343 Private/Other 3,834 1,552 Uncategorized 0 0 Total 5,167 2,091 Mississippi MS-1 Ship Island Federal 2,452 993 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 2,452 993 MS-2 Cat Island Federal 686 278 No Change No Change. State 1,305 528 Private/Other 129 52 Uncategorized 0 0 Total 2,121 858 Louisiana LA-1 Chandeleur Islands Federal 7,632 3,088 No Change No Change. State 0 0 Private/Other 0 0 Uncategorized 0 0 Total 7,632 3,088 LA-2 Barataria Barrier Islands and Headlands Federal 0 0 No Change No Change. State 126 51 Private/Other 7,669 3,104 Uncategorized 0 0 Total 7,795 3,155 LA-3 Terrebonne Barrier Islands Federal 0 0 No Change No Change. State 2,900 1,173 Private/Other 2,172 879 Uncategorized 0 0 Total 5,072 2,052 LA-4 Southwest Louisiana Beaches Federal 0 0 No Change No Change. State 1,497 606 Private/Other 4,633 1,875 Uncategorized 0 0 Total 6,130 2,481 Texas TX-1 Rollover Pass to Bolivar Flats Federal 0 0 No Change No Change. State 482 195 +214 ac (87 ha) Private/Other 996 403 No Change Uncategorized 0 0 No Change Total 1,478 598 +214 ac (87 ha) TX-2 West Galveston Island Federal 0 0 No Change No Change. State 307 124 Private/Other 282 114 Uncategorized 0 0 Total 590 239 TX-3 Cedar Lake to Colorado River Federal 0 0 No Change to Unit But Corrected Hectares No Change. State 1,075 435 Private/Other 128 52 Uncategorized 0 0 Total 1,204 487 TX-4 Mustang Island Federal 0 0 No Change No Change. State 395 160 Private/Other 253 102 Uncategorized 0 0 Total 648 262 TX-5 Mollie Beattie Coastal Habitat Federal 0 0 No Change No Change. State 505 205 Private/Other 218 88 Uncategorized 0 0 Total 723 293 TX-6 North Padre Island Federal 2,487 1,007 No Change No Change. State 68 27 Private/Other 262 106 Uncategorized 0 0 Total 2,817 1,140 TX-7 Upper Laguna Madre/Nighthawk Bay Federal 273 111 No Change No Change. State 816 330 Private/Other 68 28 Uncategorized 0 0 Total 1,157 469 TX-8 Dagger Hill-Yarborough Pass-Nine Mile Hole Federal 9,731 3,938 No Change to Unit But Corrected Hectares No Change. State 23,042 9,325 Private/Other 0 0 Uncategorized 0 0 Total 32,773 13,263 TX-9 Pintail Lake-Padre Island-La Punta Larga Federal 25,881 10,474 No Change to Unit But Corrected Hectares No Change. State 34,165 13,826 Private/Other 34,125 13,810 Uncategorized 0 0 Total 94,171 38,110 TX-10 Peyton's Bay-Arroyo Colorado-Three Islands-Gabrielson Island Federal 8,145 3,296 No Change No Change. State 25,316 10,245 Private/Other 2,190 886 Uncategorized 0 0 Total 35,651 14,427 TX-11 South Bay-Boca Chica Federal 5,536 2,242 No Change No Change. State 4,080 1,652 +157 ac (63 ha) Private/Other 5,784 2,342 No Change Uncategorized 0 0 No Change Total 15,400 6,236 +157 ac (63 ha) * Totals may not sum due to rounding. Rounding in some cases has been corrected/updated in this table. Table 2—Co-Occurring Critical Habitat Designations That Overlap Proposed Critical Habitat for Rufa Red Knot State Area of overlap with designated critical habitat in acres (ac)/hectares (ha) (# of proposed rufa red knot units or subunits overlapping) Piping Plover Loggerhead Sea Turtle West Indian Manatee Gulf Sturgeon Aboriginal Prickly-apple Total overlap (combined) for each state in acres (ac)/ hectares (ha) North Carolina 1 11,495 ac/4,652 ha (11) 3,438 ac/1,391 ha (4) N/A N/A N/A 14,069 ac/5,693 ha. South Carolina 1 5,615 ac/2,272 ha (14) 6,007 ac/2,431 ha (14) N/A N/A N/A 9,399 ac/3,804 ha. Georgia 1 15,877 ac/6,425 ha (12) 10,903 ac/4,412 ha (7) N/A N/A N/A 21,698 ac/8,781 ha. Florida 7,617 ac/3,082 ha (20) 7,114 ac/2,879 ha (17) 20,720 ac/8,385 ha (11) 8,970 ac/3,630 ha (11) 77 ac/31 ha (4) 37,801 ac/15,297 ha. Alabama 2,381 ac/963 ha (1) N/A N/A N/A N/A 2,381 ac/963 ha. Mississippi 4,538 ac/1,837 ha (2) N/A N/A 1,866 ac/755 ha (2) N/A 4,488 ac/1,816 ha. Louisiana 17,154 ac/6,942 ha (4) N/A N/A N/A N/A 17,154 ac/6,942 ha. Texas 1 154,097 ac/62,361 ha (11) N/A N/A N/A N/A 154,097 ac/62,361 ha. Total 2 218,774 ac/88,537 ha (74) 27,463 ac/11,114 ha (40) 20,720 ac/8,385 ha (11) 10,836 ac/4,385 ha (13) 77 ac/31 ha (4) 261,087 ac/105,659 ha. 1 The amount of rufa red knot proposed critical habitat overlapping with piping plover designated critical habitat increased by 852 ac (345 ha) in North Carolina, 660 ac (267 ha) in South Carolina, 508 ac (205 ha) in Georgia, and 371 ac (150 ha) in Texas; this resulted in a total increase of 2,413 ac (976 ha) for piping plover compared to the July 15, 2021, proposed rule. The amount of rufa red knot proposed critical habitat overlapping with loggerhead sea turtle designated critical habitat was corrected for North Carolina, to include adding acreage for the new NC-6 unit, to 3,438 ac (1,391 ha); overlap also increased by 692 ac (280 ha) in South Carolina, resulting in a total increase of 608 ac (246 ha) for loggerhead compared to the July 15, 2021, proposed rule. 2 Totals may not sum due to rounding. The revised proposed critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document under Proposed Regulation Promulgation. The rule portion of this document depicts all the proposed critical habitat units, including those originally proposed July 15, 2021, and unchanged via this document. Because we are adding proposed critical habitat units, the paragraph designations have changed, so we are setting forth the entire proposed rule in this document instead of just the new and revised proposed critical habitat units. We include more detailed information on the boundaries of the revised proposed critical habitat designation in the discussion of new and revised proposed individual units below. For units for which we are not proposing any changes from the July 15, 2021, proposed rule, please refer to information at https://www.regulations.gov under Docket No. FWS-R5-ES-2021-0032. Unit MA-1: Nauset Marsh Unit MA-1 consists of approximately 2,219 ac (899 ha) of highly dynamic barrier beaches and intertidal ( i.e., seashore that is covered at high tide and uncovered at low tide) areas in the towns of Orleans and Eastham in Barnstable County, Massachusetts. The unit includes exposed intertidal flats, shoals, mudflats, and intertidal salt marsh pannes in Salt Pond Bay and Nauset Bay, and ephemeral tidal pools, primary sand dunes, and beaches associated with Nauset Spit (Orleans and Eastham) and Coast Guard Beach (Eastham). The southern end of the unit begins at Nauset Spit north of Mill Pond where the peninsula is bordered by bay and oceanside waters, and heads east following the mainland shoreline past Woods Cove (but not including the cove) to the shoreline of Fort Hill (Eastham). The unit then follows the shoreline around Salt Pond Bay to the north end of Nauset Bay where the boundary continues east across Coast Guard Beach to mean low low water (MLLW; i.e., the lowest of the low tides per day averaged over a 19-year period) on the ocean side. The eastern unit border continues south crossing the inlet between Coast Guard Beach and Nauset Spit (Eastham) following oceanside MLLW until the spit is no longer bordered by the bay and ocean, at which point the boundary heads west. Lands within this unit include approximately 1,340 ac (543 ha; 60 percent) in Federal ownership, 136 ac (55 ha; 6 percent) in private/other ownership, and 744 ac (301 ha; 34 percent) that are uncategorized. General land use within this unit is primarily recreational, including offshore and surf fishing, shellfish digging (both recreational and commercial), boating, over-sand vehicle use, sunbathing, swimming, and walking. Unit MA-1 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. The unit contains a high concentration of rufa red knots during the fall migration period, serving as an important southbound stopover site in the New England portion of the subspecies' range. Additionally, this location consistently supports large concentrations of migrating rufa red knots annually due to the large intertidal areas and beach habitat that provides multiple foraging and roosting habitat areas for the birds to build energy resources for migration. Threats identified within Unit MA-1 include disturbance of foraging and roosting rufa red knots by humans and human activities including but not limited to, pets and domestic animals, off-road vehicles (ORVs), powered and unpowered boats, surf kites, and surf fishing, predation (especially by migrating raptors and owls), possible modification or loss of habitat ( i.e., dredging), and natural or human-caused disasters ( i.e. hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include managing access to rufa red knot foraging habitat and adjacent saltmarsh and upland roosting habitat during migration (through restrictions on timing, locations, and types of activities), and addressing the impacts of potential oil spills through protective spill response plans and training (see Special Management Considerations or Protection in the 2021 proposed rule). The National Park Service (NPS) lands within the unit ( i.e., Cape Cod National Seashore) are managed under a comprehensive shorebird management plan (NPS 2018, entire). Unit MA-2: Pleasant Bay Unit MA-2 consists of approximately 4,959 ac (2,007 ha) of highly dynamic barrier beaches and intertidal areas in the towns of Chatham and Orleans in Barnstable County, Massachusetts. The unit includes exposed intertidal flats, shoals, mudflats, and intertidal salt marsh pannes in Little Pleasant Bay and Pleasant Bay, and ephemeral tidal pools, primary sand dunes, and beaches associated with Nauset Beach South (Orleans), North Beach (Chatham), and North Beach Island (Chatham). The unit begins at the northeastern end of Little Pleasant Bay going east to the edge of the saltmarsh, continuing south on the interior of Nauset Beach South approximately 1.7 mi (2.7 km) then east to MLLW on the east side of Nauset Beach South, continuing south along Nauset Beach South and North Beach to North Beach Island at MLLW and terminating at the natural channel between North Beach Island and South Beach Island (Chatham). The western side of the unit runs offshore of the mainland, west of small islands in Pleasant and Little Pleasant Bays (Little Sipson Island, Strong Island, and Tern Island) and east of Hog Island and Sampson Island, incorporating intertidal lands associated with the islands. Lands within this unit include approximately 126 ac (51 ha; 3 percent) in Federal ownership, 2,005 ac (812 ha; 40 percent) in private/other ownership, and 2,827 ac (1,144 ha; 57 percent) that are uncategorized. General land use within this unit is primarily recreational, including offshore and surf fishing, shellfish digging (both recreational and commercial), boating, over-sand vehicle use, sunbathing, swimming, and walking. Unit MA-2 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. The unit contains a high concentration of rufa red knots during the spring and fall migration periods, serving as an important northbound and southbound stopover site in the New England portion of the subspecies' range. Additionally, this location consistently supports a few thousand migrating rufa red knots due to the large intertidal areas and beach habitat that provides multiple foraging and roosting habitat areas for the birds to build energy resources for migration. Threats identified within Unit MA-2 include disturbance of foraging and roosting rufa red knots by humans and human activities including but not limited to, pets and domestic animals, ORVs, powered and unpowered boats, surf kites, and surf fishing, predation (especially by migrating raptors and owls), possible modification or loss of habitat ( e.g., dredging or mining of sand flats), and natural or human-caused disasters ( i.e., oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include managing access to rufa red knot foraging habitat and adjacent saltmarsh and upland roosting habitat during migration (through restrictions on timing, locations, and types of activities), and addressing the impacts of potential oil spills through protective spill response plans and training (see Special Management Considerations or Protection in the 2021 proposed rule). The National Park Service (NPS) manages Cape Cod National Seashore under a comprehensive shorebird management plan (NPS 2018, entire) (Shorebird Plan). However, due to the small and isolated nature of NPS inholdings in this unit, these areas are not actively managed under the Shorebird Plan. Unit NY-2: Old Inlet Unit NY-2 (Old Inlet) consists of 1,781 ac (721 ha) of highly dynamic beach, sand flats, bay islands, back bay shoreline, intertidal areas, and surface water within the town of Brookhaven, Suffolk County, New York. The unit is irregularly shaped and bounded to the south by the Atlantic Ocean, to the west by the Fire Island National Seashore's Federal Otis G. Pike Wilderness Area, and to the east by the continuation of the Federal wilderness area. Its northern boundary lies approximately in the lower third of Bellport Bay. Additionally, portions of the northern and southern areas of the unit are not contiguous, as they are separated by a vegetated dune and washover areas. Lands within this unit include approximately 1,481 ac (599 ha; 83 percent) in Federal ownership; 232 ac (94 ha; 13 percent) in State ownership; and 67 ac (27 ha; 4 percent) in private/other ownership (including the town of Brookhaven). General land use within this unit is recreational activities ( e.g., fishing, bird watching, boating, open space use). Coastal engineering structures are absent, but beach nourishment programs are implemented along the ocean beach to the east by the U.S. Army Corps of Engineers at Smith Point County Park (via coordination and agreements with the State of New York and Suffolk County). Unit NY-2 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the fall migration period, serving as an important southbound stopover site. The area has a relatively undeveloped character that provides protection from intensive human uses. Episodic storm events have also contributed to habitat creation, and, in turn, optimal rufa red knot habitat conditions. The bay islands and associated wetlands are managed for wildlife, which provides some limits to the amount of disturbance that rufa red knots or their habitat may experience from recreation and other human activities ( e.g., commercial shell fishing, dredging, and shoreline dock/pier projects). Threats identified within Unit NY-2 include: (1) Sea level rise; (2) coastal engineering activities ( e.g., beach nourishment that could remove habitat, preclude the formation of habitat such as exposed shoals, and impact adjacent shoreline habitats by altering currents and sediment transport/deposition patterns); (3) predation in nonbreeding areas; and (4) human disturbance ( e.g., recreational fishing and driving, and motorized boat traffic or aircraft that create noise disturbance). Special management considerations or protection measures to reduce or alleviate the threats may include reducing disturbance ( e.g., humans, pets, vehicles, and watercraft), conducting predator control, and implementing conservation measures that help reduce modification or loss of habitat from soft beach stabilization efforts ( e.g., time-of-year restrictions for beach nourishment and dredging activities, establishing temporary sanctuaries and management during certain times of year to address erosion) (see Special Management Considerations or Protection in the 2021 proposed rule). The town of Brookhaven lands (both marine and estuarine habitats within this unit) are managed in cooperation with the New York State Wildlife Action Plan (New York State Department of Environmental Conservation 2015, entire). Additionally, the designated South Shore Estuary Reserve implements a Comprehensive Management Plan (South Shore Estuary Reserve Council 2001, entire), which encompasses Units NY-1, NY-2, and NY-3, and serves as a guidance document for municipalities and private/public sectors to conserve or protect habitats and waters within the Reserve. Unit NY-2 is within the boundaries of the Fire Island National Seashore's Federal Otis G. Pike Wilderness Area. The NPS prepared the “Fire Island National Seashore Wilderness Breach Management Plan/Environmental Impact Statement” to provide a thorough evaluation to determine the potential benefits and consequences of management strategies prior to making a decision on how to manage the wilderness breach (NPS 2017, entire). Unit NJ-1: Brigantine and Little Egg Inlets Unit NJ-1 consists of 9,952 ac (4,027 ha) of beach, dune, shoals, open water, and tidal marsh associated with two inlets ( i.e., small arms of the ocean) in Ocean and Atlantic Counties, New Jersey, extending from the northern boundary of the Holgate Unit of Edwin B. Forsythe (Forsythe) NWR, west to the “Seven Islands” portion of Great Bay Boulevard Wildlife Management Area, and south nearly to 15th Street North in Brigantine City. To the north, the unit encompasses the Holgate Unit of the Forsythe NWR and includes several areas within the Great Bay Boulevard Wildlife Management Area, owned by the State of New Jersey ( e.g., Seven Islands and other islands on either side of Great Bay Boulevard south of Big Sheepshead Creek). The unit also includes portions of Little Beach Island within the Forsythe NWR, and portions of the North Brigantine Natural Area owned by the State of New Jersey. This unit includes extensive areas of shoals and sand or mud flats (such as the new island east of Little Beach Island that is within the Edwin B. Forsythe NWR), which are generally owned by the State. Lands within this unit include approximately 1,560 ac (632 ha; 16 percent) in Federal ownership, 3,187 ac (1,291 ha; 32 percent) in State ownership, 10 ac (4 ha; less than 1 percent) in private/other ownership, and 5,194 ac (2,101 ha; 52 percent) that are uncategorized. General land use within this unit is almost entirely undeveloped and managed for wildlife and other natural resource values, as well as recreation. Unit NJ-1 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring and fall migration periods, serving as an important northbound and southbound stopover site. This unit has an undeveloped character that provides protection from intensive human uses. The lack of hard structures and other coastal engineering practices in this unit allows optimal rufa red knot habitat conditions to be created and maintained by natural coastal processes, which is a condition that is rare in the mid-Atlantic. The Little Egg Inlet is the only unmodified inlet in New Jersey and one of only two unmodified inlets between Montauk, New York, and Chincoteague, Virginia, a shoreline distance of nearly 350 mi (563 km) (Rice 2016, pp. 24-25). Nearly all the lands in the unit are managed for wildlife, which limits disturbance of rufa red knots from recreation and other human activities. Threats identified within Unit NJ-1 include: (1) Sea level rise that may accelerate faster than landforms can migrate through natural coastal processes; (2) coastal engineering activities ( e.g., ongoing updrift beach nourishment; proposed enlargement of a terminal groin immediately adjacent to the unit's northern limit; ongoing and proposed dredging that could remove habitat ( e.g., exposed shoals), preclude habitat formation, and/or impact adjacent shoreline habitats by altering sediment transport/deposition patterns); (3) aquaculture leases; (4) predation in nonbreeding areas; and (5) human disturbance ( e.g., recreational fishing and driving in the fall, motorized boat traffic and aircraft year round). Special management considerations or protection measures to reduce or alleviate the threats may include managing sources of disturbance ( e.g., humans, pets, vehicles, and watercraft), managing predator populations, and implementing conservation measures to abate habitat impacts from coastal engineering projects and from sea level rise (see Special Management Considerations or Protection in the July 15, 2021, proposed rule). Federal lands in this unit are managed under the Edwin B. Forsythe NWR Comprehensive Conservation Plan (Service 2004a, entire). State lands within the North Brigantine Natural Area are covered by a Beach Management Plan (Service and New Jersey Department of Environmental Protection 2019, entire). Unit VA-12: Ship Shoal Island This unit consists of a total of 2,426 ac (982 ha) in Northampton County, Virginia, including both Ship Shoal Island and the area known as Godwin Island. The north boundary is Red Drum Drain and New Inlet, the south boundary is Ship Shoal Inlet, the west boundary is South Bay, and the east boundary is the Atlantic Ocean. The boundary for the island and marsh complex extends outward past the MLLW line and includes the areas that are slightly inundated with less than 3 in (7.6 cm) of water. The unit is composed of 426 ac (172 ha; 18 percent) in State ownership, 1,941 ac (785 ha; 80 percent) in private/other ownership, and the remaining 60 ac (24 ha; 2 percent) is uncategorized. The island is composed of extensive mud flats, low marsh, sandy beaches, overwash areas, and tidal channels. General land use within this unit is scientific research ( e.g., surveys and monitoring for nesting shorebirds); this area is closed to visitor use at all times for scientific research and safety reasons (TNC 2017, p. 1). Unit VA-12 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit is essential to the conservation of the species because it is used by rufa red knots in conjunction with other proposed critical habitat units with large concentrations of rufa red knots observed during the spring migration season and provides high-quality habitat that is protected from disturbance. Additionally, rufa red knots are known to move from island to island daily within the barrier island chain; the whole chain of islands serves as important foraging and roosting habitat for the rufa red knot. Therefore, inclusion of unit VA-12 accurately captures how rufa red knots are using the available habitat along Virginia's Eastern Shore. The threats identified within Unit VA-12 include: (1) Natural ( e.g., hurricanes) or human-caused ( e.g., oil spills) disasters, and (2) erosional processes and accelerated loss of shoreline habitat in response to climate change and sea level rise. Special management considerations or protection measures to reduce or alleviate the threats may include managing scientific research activity access to rufa red knot foraging habitat and adjacent upland roosting habitat during migration, and establishing temporary sanctuaries and management during certain times of year to address erosion (see Special Management Considerations or Protection in the 2021 proposed rule). The island is owned and managed by TNC as part of the Virginia Coast Reserve, management of which is identified in a Conservation Action Plan that outlines priorities and strategies for conservation activities (Wilke 2020, pers. comm.). Unit VA-15: Fisherman Island This unit consists of a total of 2,413 ac (977 ha) in Northampton County, Virginia. The unit is an oval-shaped island located at the mouth of the Chesapeake Bay and is just south of the tip of the Eastern Shore peninsula. The island is surrounded by the waters of the Chesapeake Bay and Atlantic Ocean. It is bisected by U.S. Route 13 and the Chesapeake Bay Bridge-Tunnel complex. The interior boundary is along the dune line where the habitat changes from sandy beach with little vegetation to densely vegetated dunes or marshland, as well as densely vegetated forested or herbaceous vegetation landward of the beach and primary dune. The unit extends seaward past the MLLW line and includes areas that are slightly inundated with less than 3 in (7.6 cm) of water. The unit is federally owned by the Service's Eastern Shore of Virginia NWR. General land use within this unit includes low-impact recreational day use ( e.g., hiking, bird watching, photography) only provided through guided tours from September through February. In addition, scientific research ( e.g., survey and monitoring of natural resources, such as federally listed species) may occur year-round. Unit VA-15 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit is essential to the conservation of the species because it is used by rufa red knots in conjunction with other proposed critical habitat units with large concentrations of rufa red knots observed during the spring migration season and provides high-quality habitat that is protected from disturbance. Additionally, rufa red knots are known to move from island-to-island daily within the barrier island chain; the whole chain of islands serves as important foraging and roosting habitat for the rufa red knot. Therefore, inclusion of unit VA-15 accurately captures how rufa red knots are using the available habitat along Virginia's Eastern Shore. Threats identified within Unit VA-15 include: (1) Disturbance of foraging and roosting rufa red knots by trespass recreational beach use, (2) natural ( e.g., hurricanes) or human-caused ( e.g., oil spills) disasters, and (3) accelerated loss of shoreline habitat from erosional processes in response to sea level rise. Special management considerations or protection measures to reduce or alleviate the threats may include managing access to rufa red knot foraging habitat and adjacent upland roosting habitat during migration (through restrictions on timing, locations, and types of activities), and establishing temporary sanctuaries and management during certain times of year to address erosion (see Special Management Considerations or Protection in the 2021 proposed rule). Currently, Eastern Shore of Virginia and Fisherman Island NWRs address some of these threats in their Comprehensive Conservation Plan (Service 2004b, entire) and Habitat Management Plan (Service 2018, entire). Unit NC-6: Lea-Hutaff Island Unit NC-6 consists of approximately 1,085 ac (439 ha) of occupied habitat including all of Lea-Hutaff Island in Pender and New Hanover Counties consisting of shoreline habitat that stretches approximately 4.8 mi (7.7 km) from the west side of the New Topsail Inlet channel west across the Rich Inlet channel to the toe of the primary dune or dense vegetation line on the northeast end of Figure Eight Island. This unit includes from MLLW to the toe of the dunes or where densely vegetated habitat (not used by the rufa red knot) begins and where the physical or biological features no longer occur. This unit also includes the emergent sand shoals within the flood-tidal and ebb-tidal deltas associated with the west side of the New Topsail Inlet channel, and the emergent sand shoals within the flood-tidal and ebb-tidal deltas on the west side of Rich Inlet channel. Lands within this unit include approximately 72 ac (29 ha; 7 percent) in State ownership, and 427 ac (173 ha; 39 percent) in private/other ownership, and 586 ac (237 ha; 54 percent) that are uncategorized. State lands in this unit include parcels on the northeast end of Lea-Hutaff Island. General land use within this unit includes low-impact recreational day use ( e.g., hiking, bird watching, photography and shell collecting). Additionally, scientific research ( e.g., survey and monitoring of natural resources, such as federally listed species) may occur year-round. Unit NC-6 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring migration period, serving as an important northbound stopover site. Approximately 852 ac (345 ha) of this unit overlap with designated critical habitat for the federally threatened piping plover (66 FR 36038, July 10, 2001) and 238 ac (96 ha) overlap with the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats identified within Unit NC-6 include: (1) Depredation by native and nonnative predators; (2) modification or loss of habitat or both due to erosion and sea level rise; and (3) response to natural and human-caused disasters ( i.e., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include managing access to rufa red knot foraging habitat and adjacent saltmarsh and upland roosting habitat during migration (through restrictions on timing, locations, and types of activities), conducting habitat management or restoration ( e.g., living shorelines, raising marsh elevations, facilitated shoreline migration), managing predator populations, managing human activities that disturb foraging rufa red knots, and managing sediment sources both within the unit and adjacent Rich Inlet and New Topsail Inlet (see Special Management Considerations or Protection in the 2021 proposed rule). State lands within this unit are managed under the 2015 North Carolina Wildlife Action Plan (NCWRC 2015, entire). Unit SC-21: Fripp, Pritchards, and Little Capers Islands' Beaches Unit SC-21 consists of 10,178 ac (4,119 ha) of Fripp Island, Pritchards Island, and Little Capers Island, barrier islands off the coast in Beaufort County, South Carolina. The unit boundary begins on the shoreline of Fripp Island on the south side of Fripp Inlet and extends southwest along the Atlantic Ocean shorelines of Fripp Island, Pritchards Island, and Little Capers Island to the eastern side of Trenchards Inlet where the boundary follows the southern shoreline of the Story River. The unit includes all emergent land from MLLW to the toe of the dunes or where densely vegetated habitat (not used by the red knot) begins ( i.e., the highly dynamic shoreline and the sandy intertidal zone that are covered at high tide and uncovered at low tide). This dynamic habitat also includes the ephemeral emergent shoals (sand bars) within the flood-tidal and ebb-tidal deltas associated with Fripp, Skull, and Trenchards Inlets as well as the unnamed inlets along the Little Capers Island shoreline. Lands within this unit include approximately 4,055 ac (1,641 ha; 40 percent) in State ownership and 6,123 ac (2,478 ha; 60 percent) in private/other ownership. General land use within this unit includes residential development, tourism, and outdoor recreational use ( e.g., beachgoing, birdwatching, boating, and fishing). Unit SC-21 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring migration period, serving as an important northbound stopover site. The majority of this unit, with the exception of Fripp Island, has remote boat-only access and an undeveloped character that provides protection from intensive human uses. Approximately 660 ac (267 ha) of this unit overlap with designated critical habitat for the federally threatened piping plover (66 FR 36038, July 10, 2001), and 97 ac (39 ha) of this unit overlap with designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats identified within Unit SC-21 include: (1) Disturbance of foraging and roosting red knots by humans and human activities ( e.g., off-leash dogs, walking/running/biking through or too close to flocks of red knots, powered boats); (2) depredation by native and nonnative predators; (3) modification or loss of habitat or both due to uncontrolled recreational access, erosion, and sea level rise; and (4) disturbance associated with response to natural and human-caused disasters ( e.g., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include minimizing disturbance to wintering and migrating red knots ( e.g., managing recreational access to key rufa red knot foraging and roosting habitat during migration through restrictions on timing, locations, and types of activities) and managing the collection of spawning horseshoe crabs for biomedical use ( e.g., limiting location and timing of collection) (see Special Management Considerations or Protection in the 2021 proposed rule). Private/other lands within this unit are managed under the 1992 Comprehensive Beach Management Plan of Beaufort County (Beaufort County Planning Board 1992, entire) and the 2020 Fripp Island Beach Management Plan (Beaufort County 2020, entire). Unit SC-22: Bay Point Island Beach Unit SC-22 consists of 1,698 ac (687 ha) of Bay Point Island, a barrier island off the coast in Beaufort County, South Carolina. The unit boundary begins on the Trenchards Inlet shoreline at the entrance to Morse Island Creek and follows the Atlantic Ocean shoreline to the eastern shoreline of Port Royal Round to the western entrance to Morse Island Creek. The unit includes all emergent land from MLLW to the toe of the dunes or where densely vegetated habitat (not used by the rufa red knot) begins ( i.e., the highly dynamic shoreline and the sandy intertidal zone that are covered at high tide and uncovered at low tide). This dynamic habitat also includes the ephemeral emergent shoals (sand bars) within the flood-tidal and ebb-tidal deltas associated with Morse Creek and Trenchards Inlet within the unit boundary. Lands within this unit include approximately 553 ac (224 ha; 33 percent) in State ownership and 1,145 ac (464 ha; 67 percent) in private/other ownership. General land use within this unit includes outdoor recreational use ( e.g., beachgoing, boating, birdwatching, and fishing). Unit SC-22 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring migration period, serving as an important northbound stopover site, particularly when horseshoe crabs are spawning. This unit has remote boat-only access and an undeveloped character that provides protection from intensive human uses. Approximately 595 ac (241 ha) of this unit overlap with designated critical habitat for the federally threatened loggerhead sea turtle (79 FR 39756, July 10, 2014). Threats identified within Unit SC-22 include: (1) Disturbance of foraging and roosting red knots by humans and human activities ( e.g., off-leash dogs, walking too close to flocks of red knots, powered boats); (2) depredation by native and nonnative predators; (3) modification or loss of habitat or both due to uncontrolled recreational access, erosion, and sea level rise; and (4) disturbance associated with response to natural and human-caused disasters ( e.g., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include minimizing disturbance to wintering and migrating red knots ( e.g., managing recreational access to key rufa red knot foraging and roosting habitat during migration through restrictions on timing, locations, and types of activities) (see Special Management Considerations or Protection in the July 15, 2021, proposed rule). Private/other lands within this unit are managed under the 1992 Comprehensive Beach Management Plan of Beaufort County (Beaufort County Planning Board 1992, entire). Unit SC-25: Turtle Island and Tomkins Island Beaches Unit SC-25 consists of 1,771 ac (717 ha) on Turtle Island (a sea island) and Tompkins Island (a human-made island) in Calibogue Sound in Jasper County, South Carolina. The unit boundary begins on the southern shoreline of the New River and extends southwest along the Calibogue Sound shoreline to the Wright River shoreline of Turtle Island. The unit boundary also includes the entire Calibogue Sound shoreline of Tompkins Island located east of Turtle Island. The unit includes all emergent land from MLLW to the toe of the dunes or where densely vegetated habitat (not used by the red knot) begins ( i.e., the highly dynamic shoreline and the sandy intertidal zone that are covered at high tide and uncovered at low tide). This dynamic habitat also includes the ephemeral emergent shoals (sand bars) within the flood-tidal and ebb-tidal deltas associated with the unnamed inlet in the center of the Turtle Island shoreline. Lands within this unit are entirely in State ownership as SCDNR's Turtle Island Wildlife Management Area and a SCDNR seabird sanctuary. General land use within this unit includes wildlife management and outdoor recreational use ( e.g., beachgoing, boating, birdwatching, and fishing). Unit SC-25 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring migration period, serving as an important northbound stopover site, particularly when horseshoe crabs are spawning. This unit also has remote boat-only access and an undeveloped character that provides protection from intensive human uses. Threats identified within Unit SC-25 include: (1) Disturbance of foraging and roosting red knots by humans and human activities ( e.g., off-leash dogs, walking/running through or too close to flocks of red knots, powered boats); (2) depredation by native and nonnative predators; (3) modification or loss of habitat or both due to uncontrolled recreational access, erosion, and sea level rise; and (4) disturbance associated with response to natural and human-caused disasters ( e.g., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include minimizing disturbance to wintering and migrating red knots ( e.g., managing recreational access to key rufa red knot foraging and roosting habitat during migration through restrictions on timing, locations, and types of activities) and managing the collection of spawning horseshoe crabs for biomedical use ( e.g., limiting location and timing of collection) (see Special Management Considerations or Protection in the 2021 proposed rule). State lands and waters within this unit are managed under the SCDNR's State Wildlife Action Plan (SCDNR 2015, entire). Unit GA-1: Cockspur Island and Daymark Island Beaches Unit GA-1 consists of 802 ac (325 ha) of Cockspur and Daymark Islands in the mouth of the Savannah River in Chatham County, Georgia. The unit boundary includes the entire Savannah River and South Channel of the Savannah River shorelines of Cockspur and Daymark Islands and includes all emergent land from MLLW to the toe of the dunes or where densely vegetated habitat (not used by the rufa red knot) begins ( i.e., the highly dynamic shoreline and sandy intertidal zone that is covered at high tide and uncovered at low tide). Lands within this unit include approximately 708 ac (287 ha; 88 percent) in Federal ownership as part of the U.S. Coast Guard's Station Tybee and NPS's Fort Pulaski National Monument, and 94 ac (38 ha; 12 percent) in State ownership. General land use within this unit includes a U.S. Coast Guard installation, national monument visitation and recreational day uses ( e.g., boating, fishing, birdwatching). Unit GA-1 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring migration period, serving as an important northbound stopover site, particularly when horseshoe crabs are spawning. Threats identified within Unit GA-1 include: (1) Disturbance of foraging and roosting red knots by humans and human activities ( e.g., off-leash dogs, running/walking/biking through or too close to flocks of red knots, powered boats); (2) depredation by native and nonnative predators; (3) modification or loss of habitat or both due to uncontrolled recreational access, erosion, and sea level rise; and (4) disturbance associated with the response to natural and human-caused disasters ( e.g., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include managing recreational access to key rufa red knot foraging and roosting habitat during migration (through restrictions on timing, locations, and types of activities) and limiting shoreline stabilization project construction windows ( e.g., outside of rufa red knot migration windows) (see Special Management Considerations or Protection in the 2021 proposed rule). Federal lands are managed under the Fort Pulaski National Monument Final General Management Plan (NPS 2013, entire) and the U.S. Coast Guard's Environmental Planning Implementation Procedures (U.S. Coast Guard 2020, entire). Unit GA-5: Little Ogeechee River Shoreline and Raccoon Key Unit GA-5 consists of 4,571 ac (1,850 ha) of the Little Ogeechee River shoreline along Green Island, Little Wassaw Island, and Pine Island and all of Raccoon Key in Ossabaw Sound in Chatham County, Georgia. The unit boundary begins at the Green Island shoreline of the Little Ogeechee River and continues east along the shorelines of Little Wassaw Island and Pine Island to the Odingsell River entrance behind Wassaw Island. The boundary continues north along the Pine Island and Little Wassaw Island shoreline of the Odingsell River and follows the Little Wassaw Island shoreline along Adams Creek through marshlands south of Skidaway Island to Delegal Creek behind Green Island. The unit includes all emergent land from MLLW to where densely vegetated habitat (not used by the red knot) begins ( i.e., the highly dynamic shoreline and the sandy intertidal zone that are covered at high tide and uncovered at low tide). This dynamic habitat also includes the ephemeral emergent shoals (sand bars) within the Ossabaw entrance. Lands within this unit include approximately 3,136 ac (1,267 ha; 69 percent) in Federal ownership and 1,435 ac (581 ha; 31 percent) in State ownership. General land use within this unit includes wildlife management as part of the Service's Wassaw Island NWR and outdoor recreational use ( e.g., beachgoing, boating, fishing, and birdwatching). Unit GA-5 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring migration period, serving as an important northbound stopover site, particularly when horseshoe crabs are spawning. This unit also has remote boat-only access and an undeveloped character that provides protection from intensive human uses. Threats identified within Unit GA-5 include: (1) Disturbance of foraging and roosting red knots by humans and human activities ( e.g., running/walking through or too close to flocks of red knots, powered boats); (2) depredation by native and nonnative predators; (3) modification or loss of habitat or both due to uncontrolled recreational access, erosion, and sea level rise; and (4) disturbance associated with the response to natural and human-caused disasters ( e.g., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include minimizing disturbance to wintering and migrating red knots ( e.g., managing access to red knot foraging and roosting habitat during migration, such as through restrictions on timing, locations, and types of activities) (see Special Management Considerations or Protection in the 2021 proposed rule). State lands within this unit are managed under the GDNR State Wildlife Action Plan (GDNR 2015, entire), and Federal lands are managed under the 2011 Savannah Coastal NWR Complex Comprehensive Conservation Plan (Service 2011, entire). Unit GA-10: Queens Island, Wolf Island, Egg Island, Little Egg Island, and Little Egg Island Bar Unit GA-10 consists of 11,901 ac (4,816 ha) of Queens Island, Wolf Island, Egg Island, Little Egg Island, and Little Egg Island Bar at the Altamaha Sound in McIntosh County, Georgia. The unit boundary begins at the Black River shoreline of Queens Island and extends south along the Wolf Island shoreline, which includes Wolf Island Bar, to the eastern and southern shorelines of Little Egg Island Bar Natural Area southwest to Egg Island in the Altamaha Sound. The boundary continues northwest along the Altamaha River shoreline of Egg Island and north along the Little Mud River shoreline of Wolf Island and Rockdedundy River shoreline of Queens Island. The unit includes all emergent land from MLLW to the toe of the dunes or where densely vegetated habitat (not used by the red knot) begins ( i.e., the highly dynamic shoreline and the sandy intertidal zone that are covered at high tide and uncovered at low tide). This dynamic habitat also includes the ephemeral emergent shoals (sand bars) within the flood-tidal and ebb-tidal deltas associated with the entrance to Altamaha Sound and Beacon Creek. Lands within this unit include approximately 5,527 ac (2,237 ha; 46 percent) in Federal ownership, 261 ac (106 ha; 2 percent) in State ownership, 1,865 ac (755 ha; 16 percent) in private/other ownership, and 4,248 ac (1,719 ha; 36 percent) that are uncategorized. General land use within this unit includes wildlife management and outdoor recreational use ( e.g., beachgoing, boating, fishing, and birdwatching). Federal land use includes management of both Wolf and Egg Islands as part of Wolf Island NWR. Additionally, Wolf Island is a Class I designated wilderness area. Unit GA-10 is occupied by the species and contains one or more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring and fall migration periods, serving as an important northbound and southbound stopover site, particularly when horseshoe crabs are spawning. Additionally, this unit contains a high concentration of rufa red knots during the winter period, providing important wintering habitat on the Southeastern U.S. portion of the subspecies' range for foraging and roosting during a time of the year when rufa red knots are seeking to build energy sources for migration. This location serves as one of five units in Georgia that supports high concentrations of rufa red knots throughout the entire nonbreeding season, and is also important due to its low-level development, remote boat-only access, and protection from intensive human uses. Approximately 1,401 ac (567 ha) of this unit overlap with designated critical habitat for the federally threatened piping plover (66 FR 36038, July 10, 2001). Threats identified within Unit GA-10 include: (1) Disturbance of foraging and roosting red knots by humans and human activities ( e.g., walking/running through or too close to flocks of red knots, powered boats); (2) depredation by native and nonnative predators; (3) modification or loss of habitat or both due to erosion and sea level rise; and (4) disturbance associated with response to natural and human-caused disasters ( e.g., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include minimizing disturbance to wintering and migrating red knots ( e.g., managing recreational access to key rufa red knot foraging and roosting habitat during migration through restrictions on timing, locations, and types of activities) (see Special Management Considerations or Protection in the 2021 proposed rule). Federal lands in this unit are managed under the 2011 Savannah Coastal NWR Complex Comprehensive Conservation Plan (Service 2011, entire), and State lands are managed under the GDNR State Wildlife Action Plan (GDNR 2015, entire). Unit TX-1: Rollover Pass to Bolivar Flats Unit TX-1 consists of 1,478 ac (598 ha) in Galveston County, Texas. This unit begins bayside of Rollover Pass and extends southwest along the beach front ending at the north jetty on the Bolivar Peninsula. It includes 17 mi (27 km) of Gulf shoreline. The landward boundary is the line indicating the beginning of dense vegetation, and the gulf-side boundary is the MLLW, including emergent lands and intertidal area characterized as highly dynamic beach/seashore that is covered at high tide and uncovered at low tide. The bayside of Rollover Pass and west end of the unit includes lands known as wind tidal flats that are infrequently inundated. Specific habitat types within this unit include: estuarine (bayside) seagrass mud or sand flats that are subtidal, seagrass flats that are nearly flat areas with rooted vascular plants (seagrass) growing below the water surface in subtidal mud or sand substrate; estuarine (bayside) sandy shore (beach/sandbar) rarely exposed due to tidal fluctuation; estuarine (bayside) sandy shore (beach/sandbar) that is irregularly or regularly, depending upon the location, inundated by tides; and marine sandy coastline (beach) irregularly or regularly inundated by tides, depending upon the location (Federal Geographic Data Committee (FGDC) 2013, pp. 11-13, 37). Lands within this unit include approximately 482 ac (195 ha; 33 percent) in State ownership and 996 ac (403 ha; 67 percent) in private/other ownership. General land use within this unit includes multiple human uses for recreation including both pedestrian and vehicle activity, and ongoing beach maintenance/nourishment activities. The west end of the unit is a well-known birding site (Bolivar Flats) that is protected by the Houston Audubon Society. Unit TX-1 is occupied by the species and contains one of more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the winter period, providing an important wintering habitat location on the northern Gulf coast U.S. portion of the rufa red knot northern wintering range, especially for an area that also experiences a low level of disturbance during this time period. The intertidal zone and relatively undisturbed beach habitat provide multiple foraging and roosting habitat areas during the time of year when rufa red knots are seeking to build energy resources for migration. The west end portion of the unit overlaps with 1,015 ac (411 ha) of designated critical habitat for the federally threatened piping plover (66 FR 36038, July 10, 2001). Threats identified within Unit TX-1 include: (1) Disturbance of foraging and roosting rufa red knots and their habitat modification as a result of humans, including recreational activities, domestic animals, and vehicle disturbance ( i.e., golf carts, cars, sport-utility vehicles (SUVs), motorcycles, etc.); (2) modification or loss of habitat due to residential and commercial development, beach maintenance and nourishment activities, and sea level rise; (3) predation (residential and migratory raptors); and (4) human-caused disasters and response to natural and human-caused disasters ( e.g., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include conducting public outreach and education, managing access to rufa red knot foraging habitat and adjacent roosting habitat during migration (through restrictions on timing, locations, and types of activities), managing sediment sources to offset erosion and sea level rise, and addressing the impacts of potential oil spills or gas drilling activities through facility placement, as well as spill response plans and training (see Special Management Considerations or Protection in the 2021 proposed rule). The Texas General Land Office State lands are managed under The Open Beaches Act, Texas Natural Resource Code Chapter 61, and The Dune Protection Act, Texas Natural Resource Code Chapter 63. The Audubon lands are managed under the Bolivar Flats Bird Sanctuary Management Plan (Houston Audubon 2017, entire). Unit TX-11: South Bay-Boca Chica Unit TX-11 consists of 15,400 ac (6,236 ha) in Cameron County, Texas. The Boca Chica gulf shoreline portion of this unit begins south of the Brownsville Ship Channel and extends approximately 6.5 mi (10 km) to the south. Within the South Bay, the northern boundary is south of Brownsville Ship Channel dredge spoil placement areas, and the southern boundary is north of the Rio Grande River. The eastern boundary is the bayside of the Boca Chica Beach (Gulf of Mexico) up to where dense vegetation begins, and the western boundary is west of the Loma islands up to where dense vegetation begins along the wind tidal flats. The unit includes wind tidal flats and all seagrass beds that are infrequently inundated and/or exposed at low tides and the tidal flats within the area known as South Bay. Specific habitat types within this unit include: estuarine (bayside) seagrass mud or sand flats that are subtidal and are nearly flat areas with rooted vascular plants (seagrass) growing below the water surface in subtidal mud or sand substrate; estuarine (bayside) algal mud or sand flats regularly inundated by tides and are nearly flat areas with a layer of algae growing on a moist mud or sand substrate and are otherwise devoid of vegetation; estuarine (bayside) algal mud or sand flats irregularly inundated by tides; estuarine (bayside) sandy shore (beach/sandbar) rarely exposed due to tidal fluctuation; estuarine (bayside) sandy shore (beach/sandbar) irregularly or regularly inundated by tides, depending upon the location; estuarine (bayside) sandy shore (beach/sandbar), spoils irregularly inundated by tides; and marine sandy coastline (beach) irregularly or regularly inundated by tides, depending upon the location (FGDC 2013, pp. 11-13, 37). Lands within this unit include approximately 5,536 ac (2,242 ha; 36 percent) in Federal ownership, 4,080 ac (1,652 ha; 26 percent) in State ownership, and 5,784 ac (2,342 ha; 38 percent) in private/other ownership. General land use within this unit includes rocket and drone launches and associated Space X space exploration development, and multiple recreational/beachside activities by humans, to include both pedestrian and vehicle activities. This unit is also managed for migratory bird use by the Lower Rio Grande Valley NWR. Unit TX-11 is occupied by the species and contains one of more of the physical or biological features essential to the conservation of the species. This unit contains a high concentration of rufa red knots during the spring and fall migration periods, serving as an important northbound and southbound stopover site on the northern Gulf coast. Approximately 13,280 ac (5,374 ha)) of this unit overlap designated critical habitat for the federally threatened piping plover (66 FR 36038, July 10, 2001). Threats identified within Unit TX-11 include: (1) Disturbance of foraging and roosting rufa red knots and their habitat modification as a result of humans, including recreational activities, vehicle disturbance ( i.e., golf carts, cars, SUVs, motorcycles, etc.), fishing, waterfowl hunting, and boating; (2) disturbance and habitat modification/erosion resulting from wind energy development and sea level rise; (3) predation (residential and migratory raptors); (4) habitat modification resulting from space exploration development; and (5) human-caused disasters and response to natural and human-caused disasters ( e.g., hurricanes, oil spills). Special management considerations or protection measures to reduce or alleviate the threats may include conducting public outreach and education, managing access to rufa red knot foraging habitat and adjacent roosting habitat during migration (through restrictions on timing, locations, and types of activities), managing sediment sources to offset erosion and sea level rise, and addressing the impacts of potential oil spills or gas drilling activities through facility placement, as well as spill response plans and training (see Special Management Considerations or Protection in the 2021 proposed rule). Federal lands are managed in accordance with the 1999 (reprinted) Lower Rio Grande Valley NWR land protection plan (Service 1993, entire). The Texas General Land Office State lands are managed under The Open Beaches Act, Texas Natural Resource Code Chapter 61, and The Dune Protection Act, Texas Natural Resource Code Chapter 63. Required Determinations All required determinations included in the 2021 proposed rule, with the exception of the following, are unchanged and apply to this revised proposed rule. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this revised proposed rule is significant. Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this revised proposed rule in a manner consistent with these requirements. References Cited A complete list of references cited in this document is available on the internet at https://www.regulations.gov and upon request from the New Jersey Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT ). Authors The primary authors of this document are the staff members of the U.S. Fish and Wildlife Service Species Assessment Team and New Jersey Ecological Services Field Office. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Proposed Regulation Promulgation Accordingly, we propose to further amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as proposed to be amended at 86 FR 37410 (July 15, 2021) as set forth below: PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless otherwise noted. 2. Amend § 17.95(b), the entry proposed at 86 FR 37410 for “Knot, rufa red ( Calidris canutus rufa )”, by revising paragraphs (5) through (125) and adding paragraphs (126) through (132) to read as follows: § 17.95 Critical habitat—fish and wildlife. (b) Birds. BILLING CODE 4333-15-P Rufa Red Knot ( Calidris canutus rufa ) (5) Note: Index map follows: Figure 1 to Rufa Red Knot paragraph (5) EP13AP23.000 (6) Unit MA-1: Nauset Marsh, Massachusetts. (i) This unit consists of approximately 2,219 ac (899 ha) of occupied habitat in Barnstable County consisting of exposed intertidal flats, shoals, mud flats, and intertidal salt marsh pannes in Little Pleasant Bay and Pleasant Bay, and ephemeral tidal pools, primary sand dunes, and beaches associated with Nauset Beach South (Orleans), North Beach (Chatham), and North Beach Island (Chatham). Lands within this unit include approximately 1,340 ac (543 ha) in Federal ownership (including Monomoy National Wildlife Refuge (NWR)), 136 ac (55 ha) in private/other ownership, and 744 ac (301 ha) that are uncategorized. (ii) Map of Unit MA-1 (Nauset Marsh) follows: Figure 2 to Rufa Red Knot paragraph (6)(ii) EP13AP23.001 (7) Unit MA-2: Pleasant Bay, Massachusetts. (i) Unit MA-2 consists of approximately 4,959 ac (2,007 ha) of occupied habitat in Barnstable County consisting of exposed intertidal sand and mud flats and shoals, ephemeral tidal pools, salt marsh, primary sand dunes, and beaches associated with North and South Monomoy Islands, Monomoy Island, and the South Beach Island complex. Lands within this unit include approximately 126 ac (51 ha) in Federal ownership (including Cape Cod National Seashore), 2,005 ac (812) in private/other ownership, and 2,827 ac (1,144 ha) that are uncategorized. (ii) Map of Unit MA-2 is presented at paragraph (6)(ii) of this entry. (8) Unit MA-3: Monomoy and South Beach Islands, Massachusetts. (i) Unit MA-3 consists of approximately 5,093 ac (2,061 ha) of occupied habitat in Barnstable County consisting of exposed intertidal sand and mud flats and shoals, ephemeral tidal pools, salt marsh, primary sand dunes, and beaches associated with North and South Monomoy Islands, Monomoy Island, and the South Beach Island complex. Lands within this unit include approximately 4,047 ac (1,638 ha) in Federal ownership (including Monomoy NWR) and 1,045 ac (423) in private/other ownership. (ii) Map of Unit MA-3 is presented at paragraph (6)(ii) of this entry. (9) Unit NY-1: Moriches Inlet, New York. (i) Unit NY-1 consists of approximately 1,001 ac (405 ha) of occupied habitat in Suffolk County consisting of highly dynamic beach, sand flats, bay islands, back bay shoreline, intertidal areas, and surface water within the towns of Brookhaven and Southampton. Lands within this unit include approximately 78 ac (32 ha) in Federal ownership, 63 ac (25 ha) in State ownership, 163 ac (66 ha) in private/other (including the towns of Brookhaven and Southampton) ownership, and 697 ac (282 ha) that are uncategorized. This area includes the South Shore Estuary Reserve. (ii) Map of Unit NY-1 follows: Figure 3 to Rufa Red Knot paragraph (9)(ii) EP13AP23.002 (10) Unit NY-2: Old Inlet, New York. (i) Unit NY-2 consists of approximately 1,781 ac (721 ha) of occupied habitat in Suffolk County consisting of highly dynamic beach, sand flats, bay islands, back bay shoreline, intertidal areas, and surface water within the town of Brookhaven. Lands within this unit include approximately 1,481 ac (599 ha) in Federal ownership, 232 ac (94 ha) in State ownership, and 67 ac (27 ha) in private/other ownership (including the town of Brookhaven). This unit falls within the Fire Island National Seashore's Federal Otis G. Pike Wilderness Area. (ii) Map of Unit NY-2 (Old Inlet) follows: Figure 4 to Rufa Red Knot paragraph (10)(ii) EP13AP23.003 (11) Unit NY-3: Jones Inlet, New York. (i) Unit NY-3 consists of approximately 1,821 ac (737 ha) of occupied habitat in Nassau County consisting of ocean beach habitat, sand flats, bay islands, and small embayments. It is irregularly shaped and is bounded to the south by the Atlantic Ocean, to the west by Point Lookout, to the north by a line running in Hempstead Bay, and to the east at the eastern extent of Zachs Bay. Lands within this unit include approximately 710 ac (287 ha) in State ownership and 1,111 ac (450 ha) that are under private/other ownership. This area includes the South Shore Estuary Reserve. (ii) Map of Unit NY-3 follows: Figure 5 to Rufa Red Knot paragraph (11)(ii) EP13AP23.004 (12) Unit NY-4: Jamaica Bay, New York. (i) Unit NY-4 consists of approximately 5,458 ac (2,209 ha) of occupied habitat in Queens County consisting of ocean beach habitat that is primarily within the National Park Service's Jamaica Bay Wildlife Refuge, Gateway National Recreation Area, and all under Federal ownership. (ii) Map of Unit NY-4 follows: Figure 6 to Rufa Red Knot paragraph (12)(ii) EP13AP23.005 (13) Unit NJ-1: Brigantine and Little Egg Inlets, New Jersey. (i) Unit NJ-1 consists of approximately 9,952 ac (4,027 ha) of occupied habitat in Ocean and Atlantic Counties consisting of beach, dune, shoals, open water, and tidal marsh associated with two inlets extending from the northern boundary of the Holgate Unit of Edwin B. Forsythe NWR, west to the “Seven Islands” portion of Great Bay Boulevard Wildlife Management Area, and south nearly to 15th Street North in Brigantine City. Lands within this unit include approximately 1,560 ac (632 ha) in Federal ownership (Forsythe NWR), 3,187 ac (1,291 ha) in State ownership (including the North Brigantine Natural Area), 10 ac (4 ha) in private/other ownership, and 5,194 ac (2,101 ha) that are uncategorized. (ii) Map of Unit NJ-1 follows: Figure 7 to Rufa Red Knot paragraph (13)(ii) EP13AP23.006 (14) Unit NJ-2: Seven Mile Beach, New Jersey. (i) Unit NJ-2 consists of approximately 536 ac (217 ha) of occupied habitat in Cape May County consisting of sandy oceanfront beach in Avalon and Stone Harbor Boroughs, from the jetty at 8th Street in Avalon near Townsends Inlet and extending south to 102nd Street in Stone Harbor. All lands within this unit are in private/other ownership. (ii) Map of Unit NJ-2 follows: Figure 8 to Rufa Red Knot paragraph (14)(ii) EP13AP23.007 (15) Unit NJ-3: Hereford Inlet, New Jersey. (i) Unit NJ-3 consists of approximately 1,631 ac (660 ha) of occupied habitat in Cape May County consisting of sandy oceanfront beaches, unstabilized barrier peninsula, undeveloped marsh islands, and several areas of tidal flats and shoals extending along the ocean from 111th Street in Stone Harbor Borough south to 22nd Avenue in North Wildwood City. The unit also includes areas behind the barrier island in Middle Township, Stone Harbor, and North Wildwood extending from Stone Harbor Boulevard south along Great Channel to Nummy Island and the southern shoreline of Grassy Sound Channel. Lands within this unit include approximately 175 ac (71 ha) in State ownership (including the Cape May Coastal Wetlands Wildlife Management Area), 735 ac (297 ha) in private/other ownership, and 721 ac (292 ha) that are uncategorized. (ii) Map of Unit NJ-3 follows: Figure 9 to Rufa Red Knot paragraph (15)(ii) EP13AP23.008 (16) Unit NJ-4: Two Mile Beach, New Jersey. (i) Unit NJ-4 consists of approximately 128 ac (52 ha) of occupied habitat in Cape May County consisting of sandy oceanfront beach from the northeastern boundary of the Two Mile Beach Unit of Cape May NWR extending southwest to include all beach portions of the U.S. Coast Guard Loran Support Unit, ending at the eastern jetty of the Cape May Inlet. Lands within this unit are all under Federal ownership (Cape May NWR and U.S. Coast Guard). (ii) Map of Unit NJ-4 follows: Figure 10 to Rufa Red Knot paragraph (16)(ii) EP13AP23.009 (17) Unit NJ-5: Cape May Bayshore, New Jersey. (i) Unit NJ-5 consists of approximately 1,202 ac (487 ha) of occupied habitat in Cape May County consisting of Delaware Bay beaches, flats, and shoals from approximately Cloverdale Avenue in Lower Township to the jetty on the south shore of the mouth of Bidwell Creek in Middle Township. Lands within this unit include approximately 133 ac (54 ha) in Federal ownership (Cape May NWR), 44 ac (18 ha) in State ownership, 167 ac (67 ha) in private/other ownership, and 858 ac (347 ha) that are uncategorized. (ii) Map of Unit NJ-5 follows: Figure 11 to Rufa Red Knot paragraph (17)(ii) EP13AP23.010 (18) Unit NJ-6: Dennis Creek, New Jersey. (i) Unit NJ-6 consists of approximately 279 ac (113 ha) of occupied habitat in Cape May County consisting of Delaware Bay beaches, flats, and shoals from the northern shore of Bidwell Creek north to about 0.5 mi (0.8 km) north of Dennis Creek. Lands within this unit are all in State ownership (Dennis Creek Wildlife Management Area). (ii) Map of [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-06619. Public record. Not legal advice.