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

[[Page 11768]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD10

Endangered and Threatened Wildlife and Plants; Proposed

Designation of Critical Habitat for the Pacific Coast Population of the

Western Snowy Plover

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to

designate 28 areas along the coast of California, Oregon, and

Washington as critical habitat for the Pacific coast vertebrate

population segment of the western snowy plover (Charadrius alexandrinus

nivosus). This small shorebird is listed as a threatened species under

the Endangered Species Act of 1973, as amended (Act). Critical habitat

designation would provide additional protection under section 7 of the

Act with regard to activities that require Federal agency action. As

required by section 4 of the Act, the Service will consider economic

and other relevant impacts prior to making a final decision on the size

and configuration of critical habitat.

DATES: Comments from all interested parties must be received by May 31,

1995. Public hearing requests must be received by April 17, 1995.

ADDRESSES: Comments and materials concerning this proposal should be

sent to Joel Medlin, Field Supervisor, U.S. Fish and Wildlife Service,

Sacramento Field Office, 2800 Cottage Way, Room E-1803, Sacramento, CA

95825-1846. Comments and materials received will be available for

public inspection, by appointment, during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT: Ms. Karen J. Miller, Sacramento Field

Office (see ADDRESSES section) telephone 916/979-2725, facsimile 916/

979-2723.

SUPPLEMENTARY INFORMATION:

Background

Previous Federal Actions

On March 24, 1988, the Service received a petition from Dr. J.P.

Myers of the National Audubon Society to list the Pacific coast

population of the western snowy plover as a threatened species under

the Act. On November 14, 1988, the Service published a 90-day petition

finding (53 FR 45788) that substantial information had been presented

indicating the requested action may be warranted. At that time, the

Service acknowledged that questions pertaining to the demarcation of

the subspecies and significance of interchange between coastal and

interior stocks of the subspecies remained to be answered. Public

comments were requested on the status of the coastal population of the

western snowy plover. A status review of the entire subspecies had been

in progress since the Service's December 30, 1982, Vertebrate Notice of

Review (47 FR 58454). In that notice, as in subsequent notices of

review (September 18, 1985 (50 FR 37958); January 6, 1989 (54 FR 554)),

the western snowy plover was included as a category 2 candidate.

Category 2 encompasses species for which information now in possession

of the Service indicates that proposing to list as endangered or

threatened is possibly appropriate, but for which conclusive data on

biological vulnerability and threat are not currently available to

support proposed rules. The public comment period on the petition was

closed on July 11, 1989 (54 FR 26811, June 26, 1989).

In September 1989, the Service completed a status report on the

western snowy plover. Based on the best scientific and commercial data

available, including comments submitted during the status review, the

Service made a 12-month petition finding on June 25, 1990, that the

petitioned action was warranted but precluded by other pending listing

actions, in accordance with section 4(b)(3)(B)(iii) of the Act.

On January 14, 1992 (57 FR 1443), the Service published a proposal

to list the coastal population of the western snowy plover as a

threatened species. After a review of the best scientific and

commercial available and all comments received in response to the

proposed rule, the Service published a final rule to list the coastal

population of the western snowy plover as a threatened species on March

5, 1993 (58 FR 12864), and thereby activated the protections applicable

to listed species. The Service did not propose to designate critical

habitat for the snowy plover within the proposed or final listing

rulemaking because the Service found that critical habitat was not then

determinable. The Service now has the information needed for a critical

habitat proposal.

Ecological Considerations

The western snowy plover, which is one of twelve subspecies of the

snowy plover (Rittinghaus 1961 in Jacobs 1986), is a small, pale

colored shorebird with dark patches on either side of the upper breast.

The species was first described in 1758 by Linnaeus (American

Ornithologists' Union 1957). For a complete discussion of the ecology

and life history of this subspecies, see the Service's March 5, 1993,

final rule listing the coastal population of the western snowy plover

as a threatened species (58 FR 12864).

The Pacific coast population of the western snowy plover breeds in

loose colonies primarily on coastal beaches from southern Washington to

southern Baja California, Mexico. On the Pacific coast, larger

concentrations of breeding birds occur in the south than in the north,

suggesting that the center of the plovers' coastal distribution lies

closer to the southern boundary of California (Page and Stenzel 1981).

In Baja California, Mexico, snowy plovers are distributed across 28

sites, with concentrations at six coastal lakes (Dra. Graciela De La

Graza Garcia, Director General of Conservation Ecology and Natural

Resources, United States of Mexico, in litt., 1992). Other less common

nesting habitat includes salt pans, coastal dredged spoil disposal

sites, dry salt ponds, and salt pond levees and islands (Widrig 1980,

Wilson 1980, Page and Stenzel 1981). Sand spits, dune-backed beaches,

unvegetated beach strands, open areas around estuaries, and beaches at

river mouths are the preferred coastal habitats for nesting (Stenzel et

al. 1981, Wilson 1980).

Based on the most recent surveys, a total of 28 snowy plover

breeding sites or areas currently occur on the Pacific Coast of the

United States. Two sites occur in southern Washington--one at

Leadbetter Point, in Willapa Bay (Widrig 1980), and the other at Damon

Point, in Grays Harbor (Anthony 1985). In Oregon, nesting birds were

recorded in 6 locations in 1990 with 3 sites (Bayocean Spit, North Spit

Coos Bay and spoils, and Bandon State Park-Floras Lake) supporting 81

percent of the total coastal nesting population (Oregon Department of

Fish and Wildlife, unpubl. data, 1991). A total of 20 plover breeding

areas currently occur in coastal California (Page et al. 1991). Eight

areas support 78 percent of the California coastal breeding population:

San Francisco Bay, Monterey Bay, Morro Bay, the Callendar-Mussel Rock

Dunes area, the Point Sal to Point Conception area, the Oxnard lowland,

Santa Rosa Island, and San Nicolas Island (Page et al. 1991).

The coastal population of the western snowy plover consists of both

resident and migratory birds. Some birds winter in the same areas used

for breeding (Warriner et al. 1986, Wilson-Jacobs, [[Page 11769]] pers.

comm. in Page et al. 1986). Other birds migrate either north or south

to wintering areas (Warriner et al. 1986). Plovers occasionally winter

in southern coastal Washington (Brittell et al. 1976). The recent

discovery of snowy plovers wintering near Cape Shoalwater in Pacific

County, Washington, represents the northernmost record of wintering

snowy plovers on the Pacific coast (Scott Richardson, Washington

Department of Wildlife, pers. comm., 1994). From 43 to 81 plovers

wintered on the Oregon coast between 1982-1990, primarily on 3 beach

segments (Oregon Department of Fish and Wildlife 1994). The majority of

birds, however, winter south of Bodega Bay, California (Page et al.

1986). Wintering plovers occur in widely scattered locations on both

coasts of Baja California and significant numbers have been observed on

the mainland coast of Mexico at least as far south as San Blas, Nayarit

(Page et al. 1986). Many interior birds west of the Rocky Mountains

winter on the Pacific coast (Page et al. 1986, Stern et al. 1988).

Birds winter in habitats similar to those used during the nesting

season.

Widely varying nest success (percentage of nests hatching at least

one egg) and reproductive success (number of young fledged per female,

pair, or nest) are reported in the literature. Nest success ranges from

0 to 80 percent for coastal snowy plovers (Widrig 1980, Wilson 1980,

Saul 1982, Wilson-Jacobs and Dorsey 1985, Wickham unpubl. data in

Jacobs 1986, Warriner et al. 1986). Instances of low nest success have

been attributed to a variety of factors, including predation, human

disturbance, and inclement weather conditions. Reproductive success

ranges from 0.05 to 2.40 young fledged per female, pair or nest (Page

et al. 1977, Widrig 1980, Wilson 1980, Saul 1982, Warriner et al. 1986,

Page 1988). Page et al. (1977) estimated that snowy plovers must fledge

0.8 young per female to maintain a stable population. Reproductive

success falls far short of this threshold at many nesting sites (Widrig

1980, Wilson 1980, Warriner et al. 1986, Page 1988, Page 1990).

Management Considerations

Historic records indicate that nesting western snowy plovers were

once more widely distributed in coastal California, Oregon, and

Washington than they are currently. In coastal California, snowy

plovers bred at 53 locations prior to 1970 (Page and Stenzel 1981).

Since that time, no evidence of breeding birds has been found at 33 of

these 53 sites, representing a 62 percent decline in breeding sites

(Page and Stenzel 1981). The greatest losses of breeding habitat were

in southern California, within the central portion of the snowy

plover's coastal breeding range. In Oregon, snowy plovers historically

nested at 29 locations on the coast (Charles Bruce, Oregon Department

of Fish and Wildlife, pers. comm., 1991). In 1990 only 6 nesting

colonies remained, representing a 79 percent decline in active breeding

sites. In Washington, snowy plovers formerly nested in at least 5 sites

on the coast (Eric Cummins, pers. comm., 1991). Today only 2 colony

sites remain active, representing, at minimum, a 60 percent decline in

breeding sites.

In addition to loss of nesting sites, the plover breeding

population in California, Oregon, and Washington has declined 17

percent between 1977 and 1989 (Page et al. 1991). Declines in the

breeding population have been specifically documented in Oregon and

California. Breeding season surveys along the Oregon coast from 1978 to

1993 show that the number of adult snowy plovers has declined

significantly at an average annual rate of about 7 percent (Oregon

Department of Fish and Wildlife 1994). The number of adults has

declined from a high of 142 adults in 1981 to a low of 30 adults in

1992 (Oregon Department of Fish and Wildlife 1994; Randy Fisher, Oregon

Department of Fish and Wildlife, in litt., 1992). If the current trend

continues, breeding snowy plovers could disappear from coastal Oregon

by 1999. In 1981, the coastal California breeding population of snowy

plovers was estimated to be 1,565 adults (Page and Stenzel 1981). In

1989, surveys revealed 1,386 plovers (Page et al. 1991), an 11 percent

decline in the breeding population. The population decline in

California may be greater than indicated; the 1989 survey results are

considered more reliable than the earlier estimates, which may have

underestimated the overall population size (Gary Page, pers. comm.,

1991).

Although there are no historic data for Washington, it is doubtful

that the snowy plover breeding population in Washington was ever very

large (Brittell et al. 1976). However, loss of nesting sites in this

state probably has resulted in a reduction in their overall population

size. In recent years, fewer than 30 birds have nested on the southern

coast of Washington (James Atkinson, pers. comm, 1990; Eric Cummins,

pers. comm., 1991). In 1991, only one successful brood was detected in

the State (Tom Juelson, Washington Department of Wildlife, in litt.,

1992).

Survey data also indicate a decline in wintering snowy plovers,

particularly in southern California. The number of snowy plovers

observed during Christmas Bird Counts from 1962 to 1984 significantly

decreased in southern California despite an increase in observer

participation in the counts (Page et al. 1986). This observed decline

was not accompanied by a significant loss of wintering habitat over the

same time period (Page et al. 1986).

The most important form of habitat loss to coastal breeding snowy

plovers has been encroachment of European beachgrass (Ammophila

arenaria). This non-native plant was introduced to the west coast

around 1898 to stabilize dunes (Wiedemann 1987). Since then it has

spread up and down the coast and now is found from British Columbia to

southern California (Ventura County). European beachgrass is currently

a major dune plant at about 50 percent of California breeding sites and

all of those in Oregon and Washington (J.P. Myers, National Audubon

Society, in litt., 1988). Stabilizing sand dunes with European

beachgrass has reduced the amount of unvegetated area above the

tideline, decreased the width of the beach, and increased its slope.

These changes have reduced the amount of potential snowy plover nesting

habitat on many beaches and may hamper brood movements. The beachgrass

community also provides habitat for snowy plover predators that

historically would have been largely precluded by the lack of cover in

the dune community. Cost effective methods to control or eradicate

European beachgrass have not yet been found.

In the habitat remaining for snowy plover nesting, human activity

(e.g., walking, jogging, running pets, horseback riding, off-road

vehicle use, and beach raking) is a key factor in the ongoing decline

in snowy plover coastal breeding sites and breeding populations in

California, Oregon, and Washington. The nesting season of the western

snowy plover (mid-March to mid-September) coincides with the season of

greatest human use on beaches of the west coast (Memorial Day through

Labor Day). Human activities detrimental to nesting snowy plovers

include unintentional disturbance and trampling of eggs and chicks by

people and unleashed pets (Stenzel et al. 1981, Warriner et al. 1986,

P. Persons, in litt., 1992), off-road vehicle use (Widrig 1980, Stenzel

et al. 1981, Anthony 1985, Warriner et al. 1986, Page 1988, Philip

Persons, in litt., 1992); horseback riding (Woolington 1985, Page 1988,

Philip Persons, in litt., 1992); and beach raking (Stenzel et al.

1981). Page et al. (1977) [[Page 11770]] found that snowy plovers were

disturbed more than twice as often by such human activities than all

other natural causes combined.

In the few instances where human intrusion into snowy plover

nesting areas has been precluded either through area closures or by

natural events, nesting success has improved. The average number of

young fledged per nesting pair increased from 0.75 to 2.00 after the

nesting site at Leadbetter Point, Washington was closed to human

activities (Saul 1982). Similarly, vehicle closure on a portion of

Pismo Beach, California, led to an eight-fold increase in the nesting

plover population (W. David Shuford, Point Reyes Bird Observatory, in

litt., 1989). After beach access was virtually eliminated by the 1989

earthquake, fledging success increased 16 percent at Moss Landing

Beach, California (Page 1990).

Predation by mammalian and avian predators is a major concern at a

number of nesting sites. Western snowy plover eggs, chicks, and adults

are taken by a variety of avian and mammalian predators. These losses,

particularly to avian predators, are exacerbated by human disturbances.

Of the many predators, American crows (Corvus brachyrhynchos), ravens

(C. corax), and red fox (Vulpes) have had a significantly adverse

effect on reproductive success at several colony sites (Wilson-Jacobs

and Meslow 1984, Page 1988, John and Jane Warriner, Point Reyes Bird

Observatory, in litt., 1989, Page 1990, Stern et al. 1991).

Accumulation of trash at beaches attracts these as well as other

predators (Stern et al. 1990, Hogan 1991).

At most active breeding sites few measures have been implemented

specifically to protect snowy plovers. Artificial measures have been

used at several nesting sites to improve snowy plover nesting success.

In 1991, the California Department of Parks and Recreation and the

Service conducted plover nest enclosure studies on National Wildlife

Refuge and State property in the Monterey area. Hatching success of

plover nests in enclosures was 81 percent as compared to 28 percent for

unprotected nests (Richard G. Rayburn, California Department of Parks

and Recreation, in litt., 1992, Elaine Harding-Smith, U.S. Fish and

Wildlife Service, pers. comm., 1992). Use of nest enclosures at Coos

Bay North Spit resulted in up to 88 percent nesting success, compared

to as low as 9 percent success for unprotected nests (Stern et al.

1991, Randy Fisher, in litt., 1992). Nest enclosures continue to be

used at the above sites. The Service recently finalized a predator

management plan for Salinas River National Wildlife Refuge, which

proposes management measures to reduce red fox populations on the

Refuge (Parker and Takekawa 1993).

In a few areas in California, including the Marine Corps Base at

Camp Pendleton, plovers have benefitted somewhat from protective

measures taken for the endangered California least tern (Sterna

antillarum browni). At Vandenberg Air Force Base in southern

California, beaches are closed to all foot and vehicular traffic during

the least tern nesting season (Donna Brewer, U.S. Fish and Wildlife

Service, pers. comm., 1991). Dogs and cattle have been restricted from

some beaches at Point Reyes National Seashore (Gary Page, pers. comm.,

1991), and some beaches on Federal land in Oregon have been closed to

vehicles to protect plovers and other wildlife (Charles Bruce, pers.

comm., 1991). Leadbetter Point in Washington (Fish and Wildlife

Service), a 5-acre spoil disposal site in Coos Bay (Bureau of Land

Management), and a 25-acre spoil disposal site in Coos Bay (Corps of

Engineers) are the only nesting sites where human access has been

restricted in the past specifically for plover nesting. In 1993, at

Oregon Dunes National Recreation Area, the Forest Service used

temporary fencing and signing to direct beach visitors away from snowy

plover nesting areas. At Coos Bay, Oregon, the Corps of Engineers is

proposing two projects to create or improve plover nesting habitat

using dredged spoils.

Relationship to Recovery

Section 2(c)(1) of the Act declares that ``all Federal departments

and agencies shall seek to conserve endangered and threatened species

and shall utilize their authorities in furtherance of the purposes of

this Act.'' Section 3(3) of the Act defines conservation as the use of

all methods and procedures needed to recover an endangered or

threatened species to the point at which it no longer needs to be

listed under the Act. The Act mandates the conservation of listed

species through different mechanisms, such as section 7 (requiring

Federal agencies to further the purposes of the Act by carrying out

conservation programs and insuring that Federal actions will not likely

jeopardize the continued existence of listed species or result in the

destruction or adverse modification of designated critical habitat);

section 9 (prohibition of taking of listed species); section 10

(wildlife research permits, and other permits based on conservation

plans); section 6 (cooperative agreements and Federal grants); section

5 (land acquisition); and research.

A recovery plan under section 4(f) of the Act is the ``umbrella''

that eventually guides all of these activities and promotes species'

conservation and eventual delisting. Recovery plans provide guidance,

which may include population goals and identification of areas in need

of protection or special management, so that the species' status may

improve to where it may be removed from the list of endangered and

threatened wildlife and plants. Recovery plans usually include

management recommendations for areas proposed or designated as critical

habitat.

The Service considers the conservation of a species in a

designation of critical habitat. The designation of critical habitat

will not, in itself, result in the recovery of the species, but is one

of several measures available to contribute to conservation of the

species. Critical habitat helps focus conservation activities by

identifying areas that contain essential habitat features (primary

constituent elements) that require special management. The protection

given critical habitat under section 7 also immediately increases the

protection given to these primary constituent elements and essential

areas and preserves options for the long-term conservation of the

species. The protection of these areas may also shorten the time needed

to achieve recovery. Designation of critical habitat also heightens the

awareness of the public and agencies of species conservation needs.

Designating critical habitat does not create a management plan,

establish numerical population goals, or prescribe specific management

actions, and it has no direct effect on areas not designated. Specific

management recommendations for critical habitat are addressed in

recovery plans, management plans, and section 7 consultations. Areas

outside of critical habitat also may have an important role in

conservation of a listed species. A designation of critical habitat may

be reevaluated and revised at any time that new information indicates

changes are warranted. In considering whether to designate critical

habitat, the Service will evaluate whether land management plans,

recovery plans, or other conservation strategies have been developed

and fully implemented that may reduce the need for the additional

protection provided by a critical habitat designation. [[Page 11771]]

Critical Habitat

Definition

Critical habitat, as defined by section 3 of the Act (16 U.S.C.

1532) means (i) the specific areas within the geographical area

occupied by a species at the time it is listed on which are found those

physical or biological features (I) essential to the conservation of

the species and (II) which may require special management

considerations or protection; and (ii) specific areas outside the

geographical area occupied by the species at the time it is listed,

upon determination that such areas are essential for the conservation

of the species. The term ``conservation'' as defined in section 3(3) of

the Act, means ``to use and the use of all methods and procedures which

are necessary to bring any endangered species or threatened species to

the point at which the measures provided pursuant to this Act are no

longer necessary.'' 16 U.S.C. 1532(3). Critical habitat, then, is to

include biologically suitable areas necessary to recovery of the

species. Critical habitat may be proposed for species that are already

listed as threatened or endangered. Section 3 further states that in

most cases the entire range of a species should not be encompassed

within critical habitat.

Primary Constituent Elements

The Act requires critical habitat designations to be based on the

best scientific data available 16 U.S.C. 1533(a)(2). In determining

what areas are critical habitat, the Service considers those physical

and biological attributes that are essential to the conservation of the

species and that may require special management considerations or

protection. Such requirements include, but are not limited to, the

following (1) Space for individual and population growth, and normal

behavior; (2) food, water, or other nutritional or physiological

requirements; (3) cover or shelter; (4) sites for breeding,

reproduction, rearing of offspring, germination, or seed dispersal; and

generally (5) habitats that are protected from disturbance or are

representative of the historic, geographical, and ecological

distributions of a species (50 CFR 424.12).

In considering the designation of critical habitat, the Service

focuses on the primary physical or biological constituent elements of

the area that are essential to the conservation of the species (50 CFR

424.12). Primary constituent elements may include, but are not limited

to, roost sites, nesting grounds, spawning sites, feeding sites,

seasonal wetland or dryland, water quality or quantity, host species or

plant pollinator, geological formation, vegetation type, tide, and

specific soil types (50 CFR 424.12).

The proposed designation of critical habitat for the coastal

population of the western snowy plover is based on the following

physical and biological features and primary constituent elements:

* Space for individual and population growth.

* Food, water, air, light, minerals, and other nutritional or

physiological requirements.

* Roost sites.

* Sites for breeding, reproduction, and rearing of offspring.

* Habitats (nesting grounds and feeding sites) that are

protected from disturbance and are representative of the historic

geographical and ecological distribution of the species.

For all areas of critical habitat proposed for the plover, these

physical and biological features and primary constituent elements are

provided or will be provided by intertidal beaches (between mean low

water and mean high tide), associated dune systems, and river

estuaries. Important components of the beach/dune/estuarine ecosystem

include surf-cast kelp, sparsely vegetated foredunes, interdunal flats,

spits, washover areas, blowouts, intertidal flats, salt flats, and flat

rocky outcrops. Several of these components (sparse vegetation, salt

flats) are mimicked in artificial habitat types used less commonly by

snowy plovers (i.e., dredge spoil sites and salt ponds and adjoining

levees). Functional suitability of areas containing the features listed

above is also contingent upon isolation from human disturbance and

predation. These attributes are considered essential to the

conservation of the coastal population of the western snowy plover.

The primary constituent elements of snowy plover nesting, foraging,

and roosting habitat could occur on virtually every beach along the

Pacific coast. Therefore, biologically based criteria were developed as

a basis for further identifying critical habitat areas and related

recovery objectives. The key components of site importance as it

relates to recovery of the species were existing nesting capacity,

wintering capacity, and geographic location. Those sites in Washington,

Oregon, and California that currently support the majority of breeding

and wintering western snowy plovers were initially selected for

critical habitat designation. Several additional sites in California

were selected for designation to avoid a large gap in the geographic

distribution of breeding or wintering birds. Important nesting and

wintering sites were identified from Page and Stenzel (1981), Page et

al. (1986), Page et al. (1991), Washington Department of Wildlife

(1993), and Oregon Department of Fish and Wildlife (1994); and through

personal communications with professionals in the field.

Proposed Critical Habitat Designation

The Service has identified 28 critical habitat areas totalling

approximately 20,000 acres and about 210 miles of coastline, or about

10 percent of the coastline of California, Oregon, and Washington. Of

the 28 areas, 19 critical habitat areas are proposed in California, 7

in Oregon, and 2 in Washington. Within the last decade, these sites

provided habitat for about 65 percent of nesting and 60 percent of

wintering western snowy plovers in California; 95 percent of nesting

and 95 percent of wintering plovers in Oregon; and 100 percent of

nesting and about 90 percent of wintering plovers in Washington.

Protection and special management of these sites are essential to

recovery of the coastal population of the western snowy plover and will

form the cornerstone of a recovery plan.

In California, approximately 25 percent of proposed critical

habitat occurs on Federal lands. About 50 percent of critical habitat

proposed on non-Federal lands is State-owned, with the California

Department of Parks and Recreation being the primary land manager. In

Oregon about 45 percent of proposed critical habitat areas occurs on

Federal land with the remainder controlled primarily by State agencies.

Of the two sites proposed in the State of Washington, one is State

property, and the second includes State lands adjacent to Willapa

National Wildlife Refuge.

The Service excluded from proposed critical habitat designation,

lands that already provide adequate protection for the western snowy

plover. These sites include lands that provide plover nesting and

wintering habitat within three National Wildlife Refuge complexes--

Willapa National Wildlife Refuge in Washington, and Salinas National

Wildlife Refuge and the Southern California Coastal Complex in

California. Programs currently exist on these refuges to protect snowy

plovers. Also excluded are lands owned and/or managed by the National

Park Service. Important plover nesting areas on National Park Service

lands (such as Santa Rosa Island) are relatively inaccessible by the

public. Any recreational use impacts or other identifiable impacts on

breeding and wintering birds or their habitat would [[Page 11772]] be

covered through the section 7 consultation process. Also excluded are

key nesting areas on Camp Pendleton in San Diego County, California. A

programmatic consultation currently underway between the Service and

the Department of the Navy will address any adverse effects to nesting

plovers and their habitat. For the above sites, therefore, designation

of critical habitat would provide no additional benefit to the species.

Prior to making a final decision on this proposal the Service will

continue to consider whether existing management provides adequate

protection for nesting and wintering western snowy plovers. For

example, we are working with the Resources Agency of California to

identify California State Park lands in this proposal that are

currently providing adequate protection for these birds. The Service

may exclude adequately protected sites from designation.

The Service also excluded from proposed critical habitat sites that

would significantly conflict with the survival and recovery objectives

of other listed species. Significant conflicts were identified between

the habitat needs of snowy plovers and biological objectives for the

California clapper rail (Rallus longirostris obsoletus), light-footed

clapper rail (Rallus longirostris levipes), and salt marsh harvest

mouse (Reithrodontomys raviventris). The two rails and mouse are

federally listed endangered species.

The California clapper rail and salt marsh harvest mouse inhabit

estuarine marshes of San Francisco Bay. Over 90 percent of historic

tidal marsh habitat in the Bay has been lost, primarily through the

development of commercial salt ponds (Josselyn 1983). Western snowy

plovers have taken advantage of this artificial salt pond habitat,

primarily in south San Francisco Bay, and nest on levees or islands

within active salt ponds or in abandoned dry salt ponds. This

artificial habitat supports the largest subpopulation of snowy plovers

within its range (Page et al. 1991). This same habitat, with the

exception of two salt pond sites used by nesting snowy plovers,

however, is identified in the recovery plan for the California clapper

rail and salt marsh harvest mouse for restoration to historic tidal

marsh (U.S. Fish and Wildlife Service 1984; Peter Sorensen, Fish and

Wildlife Service, pers. comm., 1994).

The light-footed clapper rail inhabits coastal tidal marshes from

Santa Barbara County south to Baja California, Mexico. Over two-thirds

of historic tidal marsh habitat has been lost (Speth 1971) primarily to

urban development, flood control, and oil development. Several sites in

Ventura, Orange, and San Diego Counties provide nesting and/or

wintering habitat for snowy plovers, but also provide high quality

clapper rail habitat or represent high priority tidal marsh restoration

sites in the light-footed clapper rail recovery plan (U.S. Fish and

Wildlife Service 1985). These sites are Bolsa Chica, Agua Hedionda

Lagoon, Batiquitos Lagoon, San Elijo Lagoon, San Dieguito Lagoon, Los

Penasquitos Lagoon, the San Diego River mouth, and the marshes of south

San Diego Bay. Because the light-footed clapper rail is endangered and

the habitat needs of this species differ significantly from those of

the western snowy plover, the Service is excluding these sites from

critical habitat designation.

Overall, this proposal focuses the primary recovery objectives for

the western snowy plover on coastal beach and dune habitats, which

represent a significant proportion of natural nesting and wintering

habitat of the coastal population of the western snowy plover. These

natural habitats, therefore, are considered essential to conservation

of this threatened species. Protection of these sites as well as plover

habitat on Fish and Wildlife Service, National Park Service, and Navy

lands at Camp Pendleton will provide added protection for about 76

percent of nesting and 65 percent of wintering plovers rangewide. Sites

excluded from critical habitat designation for the various reasons

given above should not be considered as unnecessary to conservation of

the species. The recovery plan for the coastal population of the

western snowy plover will address the value of these areas to species'

recovery. At the present time, these excluded sites support about 20

percent of the coastal population of the western snowy plover and

during the recovery process may provide birds to supplement populations

in essential breeding and wintering areas. If focusing recovery on the

28 proposed critical habitat areas proves unattainable, additional

sites may be proposed as critical habitat in the future to aid in

recovery of the species.

At this time, conservation of the Pacific coast population of the

western snowy plover requires sufficient management efforts at all

sites proposed as critical habitat. However, new information that may

be grounds for review of this determination includes, but is not

limited to, data showing that the species is more or less vulnerable

than currently thought, a change in the species' status due to

catastrophic events such as disease or weather, or evidence that

continuing efforts to conserve the species are insufficient.

Many of the proposed critical habitat areas include large expanses

of beach. For proposed sites that support nesting snowy plovers,

nesting colonies may occupy only a small portion of the proposed

critical habitat area. The larger critical habitat area is needed,

however, because foraging occurs throughout the intertidal and foredune

portions of the beach. Designation of larger critical habitat areas

also will allow for natural shifting of plover nesting colonies as a

result of vegetational changes and weather related events that

reconfigure suitable nesting habitat.

Regulations governing designation of critical habitat (50 CFR 424

12(h)) state that critical habitat shall not be designated within

foreign countries. Although the Pacific coast population of the western

snowy plover's breeding and wintering range extends into Mexico, no

critical habitat is proposed outside United States jurisdiction.

Effects of Critical Habitat Designation

Section 4(b)(8) of the Act requires, for any proposed or final

regulation that designates critical habitat, a brief description and

evaluation of those activities (public or private) that may adversely

modify such habitat or may be affected by such designation. Regulations

found at 50 CFR 402.02 define destruction or adverse modification of

critical habitat as a direct or indirect alteration that appreciably

diminishes the value of critical habitat for both the survival and

recovery of a listed species. Such alterations include, but are not

limited to, alterations adversely modifying any of those physical or

biological features that were the basis for determining the habitat to

be critical, that is, its primary constituent elements.

An activity will not adversely modify an area within designated

critical habitat that does not contain any constituent elements. For

example, existing areas such as parking lots, paved roads, and various

kinds of structures within the proposed critical habitat boundaries

clearly would not furnish habitat or biological features for western

snowy plovers. Furthermore, some activities would not be restricted by

critical habitat designation because they would have no significant

adverse effect on the primary constituent elements.

Activities that may adversely modify critical habitat are subject

to regulation under section 7(a) of the Act if they are carried out,

authorized, or funded by a Federal agency. The purpose of consultations

between the Service and [[Page 11773]] other Federal agencies is to

ensure that activities are carried out in a manner that is not likely

to jeopardize the continued existence of listed species or adversely

modify or destroy its critical habitat. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) of the Act and 50 CFR 402.10 of the

regulations, require Federal agencies to confer informally with the

Service on any action that is likely to result in destruction or

adverse modification of proposed critical habitat.

Activities areas that could adversely affect proposed critical

habitat of the coastal population of the western snowy plover fall into

seven general categories:

(1) projects or management activities that cause, induce, or

increase human-associated disturbance on beaches, including

operation of off-road vehicles on the beach and beach cleaning.

These activities may reduce the functional suitability of nesting,

foraging, and roosting areas. Activities that may adversely modify

critical habitat areas that support wintering birds (September 15-

February 29) include beach cleaning that removes surfcast kelp and

driftwood, dogs off leash, off-road vehicle driven at night, and

falcon flying. Activities within posted fenced or otherwise

protected nesting areas (March 1-September 14) that may adversely

modify critical habitat areas include camping, off-road vehicle use

(day or night), walking, jogging, clam digging, pets on or off

leash, livestock grazing, sunbathing, picnicking, horseback riding,

hang gliding, kite flying, model airplane flying, beach cleaning,

and falcon flying in or over active nesting areas. With very few

exceptions, the nesting area is a small fraction of the entire

beach. Thus, no more that 5 to 15 percent of the vast majority of

the units would be removed from these kinds of public uses during

the breeding season. The Service would work with landowners to

develop signs or fencing or other means to protect these small

nesting areas. Furthermore, western snowy plovers occupy the soft

sandy portions of the upper beach or foredunes, and people tend to

prefer lower beach or sand that is regularly washed by the tides. On

a case by case basis, the few restrictions could be removed after

the plovers had finished breeding or left wintering grounds.

(2) actions that would promote unnatural rates or sources of

predation. For example, producing human-generated litter that

attracts predators, or designing exclosures that promote perching by

avian predators may adversely modify critical habitat by reducing

its functional suitability to support nesting snowy plovers.

(3) actions that would promote the invasion of non-native

vegetation.

(4) activities associated with maintenance and operation of salt

ponds. Activities that may adversely modify or destroy critical

habitat when conducted during the snowy plover nesting season

include flooding inactive salt ponds; raising the water level in

active salt ponds; grading, resurfacing, riprapping, or placing

dredged spoils on levees; and driving maintenance vehicles on

levees. However, levee maintenance activities also may benefit snowy

plovers by providing vegetation-free habitat for nesting. The

Service would work with landowners to avoid harmful activities

during the breeding season.

(5) dredge spoil disposal activities that may adversely modify

critical habitat when conducted during the nesting season include

deposition of spoil material, laying of pipes to transport the

material, and use of machinery to spread the material. However,

dredge spoil disposal sites also may benefit snowy plovers by

providing nesting habitat free of European beachgrass. The Service

would work with landowners to avoid harmful activities during the

breeding season.

(6) shoreline erosion control projects and activities that may

alter the topography of the beach. Activities that may adversely

modify or destroy nesting, foraging, and roosting habitat include

beach nourishment (sand deposition, spreading of sand with

machinery); construction of breakwaters and jetties (interruption of

sand deposition); dune stabilization using native and non-native

vegetation or fencing (decreased beach width, increased beach slope,

reduction in blowouts and other preferred nesting habitat); beach

leveling (increased tidal reach, removal of sparse vegetation used

by chicks for shelter, destruction of rackline feeding habitat).

Beach nourishment projects, however, also may have the potential to

benefit nesting or wintering plover habitat on some sites

experiencing serious erosion. The Service would work with landowners

to avoid harmful activities when the birds are present.

(7) contamination events. Contamination through oil spills or

chemical releases may adversely modify critical habitat by

contaminating snowy plovers and/or their food sources.

Federal agencies that may be required to consult with the Service

on one or more of these activities include the Forest Service, Bureau

of Land Management, Federal Aviation Administration, and the

Departments of the Army (including the Corps of Engineers), Navy, and

Air Force.

In addition several other species that are listed under the Act

occur in the same general areas as western snowy plovers. These species

share the coastal beach/dune/estuarine ecosystem with snowy plovers.

All of these species occurred historically in association with western

snowy plovers in this Pacific coast ecosystem, and thus, the habitat

requirements of these species do not significantly conflict with those

of the snowy plover. Therefore, any plans prepared for sites designated

as critical habitat for the snowy plover should be considered ecosystem

management plans that accommodate needs of other listed or proposed

species that also occur on the site. In doing so, these proposed snowy

plover critical habitat areas more aptly represent critical habitat for

a multitude of species inhabiting the coastal beach/dune/estuarine

ecosystem. Federal agencies proposing management actions for other

listed species may affect critical habitat for the western snowy plover

and be required to initiate formal consultation under section 7 of the

Act. Conversely, proposed management actions for the benefit of the

plover or its habitat may affect other listed species. The Service will

work with other Federal agencies to develop ecosystem plans that

provide for the needs of all listed species.

When the Service issues an opinion concluding that a project is

likely to result in the destruction or adverse modification of critical

habitat, the Service also provides reasonable and prudent alternatives

to the project, if any are identifiable. Reasonable and prudent

alternatives are defined at 50 CFR 402.02 as alternative actions

identified during formal consultation that can be implemented in a

manner consistent with the intended purpose of the action, that are

consistent with the scope of the Federal agency's legal authority and

jurisdiction, that are economically and technologically feasible, and

that the Director believes would avoid resulting in the destruction or

adverse modification of critical habitat. Reasonable and prudent

alternatives can vary from slight project modifications to extensive

redesign or relocation of the project. Costs associated with

implementing a reasonable and prudent alternative are similarly

variable.

Consideration of Economic and Other Factors

Section 4(b)(2) of the Act requires the Service to consider

economic and other impacts of designating any particular area as

critical habitat. For example, beneficial impacts of critical habitat

designation may include (1) a clear notification to Federal agencies

and the public of the existence and importance of critical habitat, (2)

voluntary increased protection of snowy plovers on some private lands,

(3) stimulation of additional attention to the requirements of section

9 of the Act by private, municipal, county, and state landowners, (4)

additional protection for other listed and non-listed species that

occur in areas designated as critical habitat for the snowy plover, and

(5) preservation of the beach-dune-estuarine ecosystem. Section 4(b)(2)

authorizes the Service to exclude any area from critical habitat

designation if the Service determines the benefits of excluding the

area outweigh the benefits of including it, except that the Service

[[Page 11774]] may not exclude an area if the Service determines that

doing so would result in extinction of the species. Pursuant to 50 CFR

424.19, the Service will consider the economic and other relevant

impacts of designating of critical habitat for the coastal population

of the western snowy plover.

Economic Analysis

The economic analysis is designed to provide information to assist

in making determinations about areas which may be excluded from

critical habitat. It is conducted by examining how a designation of

critical habitat for the snowy plover would be expected to affect the

use of Federal lands as well as non-Federal activities authorized or

funded by Federal agencies. Activities on private or state-owned lands

that do not involve Federal permits, funding or other Federal actions

would not be restricted by a designation of critical habitat.

The economic analysis distinguishes between economic effects caused

by the listing of the snowy plover as threatened and those that would

be caused by the proposed designation of critical habitat. Furthermore,

if a proposed action would otherwise have been limited or prohibited by

another statute or regulation, such as the Clean Water Act, those

economic effects would not be attributable to either listing or

critical habitat designation under the Endangered Species Act.

Economic effects are the costs or benefits to society of precluding

or limiting specific land uses in areas being considered for

designation as critical habitat. Economic effects are categorized as

either efficiency or distributional. Economic efficiency effects are

those consequences of critical habitat designation that cause changes

in national income. Economic distribution effects pertain to regional

changes that may have offsetting effects elsewhere in the national

economy. Efficiency effects are used primarily to determine whether an

action is economically sound and whether expected benefits exceed

costs. Distributional effects are used to evaluate regional and local

economic impacts.

Consultation Under Section 7 of the Endangered Species Act

Section 7 of the Act (16 USC 1536), requires Federal agencies to

insure that activities they fund, authorize, or carry out are not

likely to jeopardize the continued existence of listed species or

result in destruction or adverse modification of critical habitat.

Jeopardy is defined at 50 CFR 402.02 as any action reasonably expected

to reduce appreciably the likelihood of both the survival and recovery

of the species in the wild by reducing its reproduction, numbers, or

distribution. Destruction or adverse modification of critical habitat

is defined at 50 CFR 402.02 as any direct or indirect alteration that

appreciably diminishes the value of critical habitat for both the

survival and recovery of the species.

Under section 7, a Federal agency must consult with the Service if

it determines that an action may affect a listed species or its

critical habitat. During consultation, the Service reviews the agency's

proposed action and prepares a biological opinion as to whether that

action is likely to jeopardize the continued existence of the species

or destroy or adversely modify its critical habitat.

In cases where species are listed without critical habitat, the

Service determines only whether the proposed action is likely to

jeopardize the continued existence of the species. In cases where

critical habitat has been designated, the Service also determines

whether the proposed action is likely to destroy or adversely modify

critical habitat. The additional requirement for Federal agencies to

avoid destruction and adverse modification of critical habitat may

result in incremental restrictions on agency actions beyond those

required to avoid jeopardy or for other statutory or regulatory

purposes.

The incremental restrictions arising from section 7 consultations

on destruction or adverse modification are the only way that

designating critical habitat produces an economic impact. To isolate

that incremental impact, total economic effects of limitations on a

proposed action within critical habitat must be apportioned between a

species listing (jeopardy, take prohibitions, etc.) and critical

habitat designation (destruction or adverse modifications).

If the action is found to jeopardize the continued existence of the

species or destroy or adversely modify its critical habitat, the

Service is required to provide, to the extent possible, reasonable and

prudent alternatives to the proposed action. By definition, reasonable

and prudent alternatives allow the proposed action to go forward while

removing the conditions that jeopardize the species or destroy or

adversely modify its critical habitat. For the snowy plover, the

Service believes that reasonable and prudent alternatives developed as

part of consultation will allow most activities to continue, subject to

some limitations. Such alternatives might include fencing or seasonal

closure of certain areas to human uses, as well as changes in beach

erosion control or dredging plans.

Determination of whether an action will result in jeopardy and/or

adverse modification is dependent upon a number of factors, such as the

type of project, its size, location, and duration. In many cases,

sufficient management actions will permit agencies to avoid adverse

modification with little or no effect on their activities. The Service

believes that, in the case of the snowy plover, the large majority of

economic impacts as a result of section 7 consultation will occur as a

result of listing, through the application of the jeopardy standard and

incidental take prohibitions.

Framework of Analysis

The economic analysis examines the costs and benefits of precluding

or limiting specific land uses within areas designated as critical

habitat. It is cast in a ``with'' critical habitat versus a ``without''

critical habitat framework and seeks to measure the net change in the

various categories of benefits and costs when the critical habitat

designation is imposed on the existing baseline.

National and Regional Effects

The economic effects of critical habitat designation consist of

those affecting national income and those that are important on a local

or regional level.

National economic (efficiency) costs represent changes in national

income (the total value of goods and services). They are measured as

changes in consumer surplus and producer surplus (economic rent).

Economic efficiency analysis seeks to maximize national income from a

given resource base. Gains and losses in recreation values, increased

costs imposed on management agencies or development projects, loss of

earnings by displaced labor or capital assets, and changes in revenue

from user fees (beach user fees, etc.) are typical national economic

costs of critical habitat designation. The economic cost of designating

critical habitat includes any additional costs that would be imposed,

regardless of whether they are incurred by a Federal agency, a state

agency or the private sector so long as they stem from a section 7

consultation regarding destruction or adverse modification of the

habitat proposed to be designated.

Regional economic (distributional) impacts represent transfers

between people, groups, or geographic regions, with no net effect on

the national total. Distributional impacts relate to equity and

fairness considerations and deal [[Page 11775]] primarily with how

income and wealth are divided among regions and groups. Changes in

employment, household income and local or state tax revenues are

frequently used to portray regional effects.

A Net-Cost With and With-out Approach

Designation of critical habitat will often result in both economic

gains and losses. Careful application of a with and without analytical

framework will help to distinguish between the two. For example, with

critical habitat recreation such as bird watching may be preserved that

otherwise would have been lost because of a development project or

continued habitat loss. The national economic value of the preserved

recreation and the regional jobs and household income it produces are

gains, or benefits, of designation. Without critical habitat, an area

may have been used for developed recreational purposes, but critical

habitat designation would prohibit those uses. The values and jobs

associated with that now precluded use become a loss (benefit foregone)

due to critical habitat designation. It is the net effect of these

changes in both the national and regional accounts that is important.

Describing what probably would have happened to an area of potential

critical habitat in both the with and without scenarios, both currently

and in the future, is an important part of the analysis. The

availability of data limits quantification of the net effects in many

instances.

Baseline for Analysis

As noted earlier, the economic effects of critical habitat

designation are incremental to those already created by the Clean Water

Act and other statutes, and by listing the snowy plover as threatened.

Actions taken for those other purposes establish the baseline for this

analysis. It is the marginal increase in species protection provided by

designation of critical habitat and the marginal change in costs,

regional impacts, and benefits that the designation produces that are

relevant to this analysis.

Data Requirements

The Service has notified Federal agencies having jurisdiction over

the areas being proposed as critical and asked them to estimate the

effect of designation on their activities. Each agency was sent

detailed maps and legal descriptions of the proposed areas and asked to

identify areas for which they were responsible. They were then asked to

provide detailed descriptions of activities on those areas that may be

affected by critical habitat designation, in three situations:

Without Listing: Activities that would have been taking place in

the proposed area if there had been no listing of the snowy plover as

threatened.

With Listing: Activities that would be taking place once any

existing or anticipated restrictions to avoid jeopardy decisions in

section 7 consultations were put in place. This level of activity

becomes the baseline for evaluation of the incremental effect of

critical habitat designation.

With Critical Habitat: Activities expected to take place once any

anticipated restrictions to avoid adverse modification decisions in

section 7 consultations were put in place. The difference between this

level and the With-Listing level is the impact attributable to

designating critical habitat.

Land management agencies were asked to quantify their responses as

much as possible in terms of days of beach use, cattle grazing, etc.,

and to estimate any change in their operational costs as a result of

listing and of designating critical habitat. Other Federal agencies

that may be affected by critical habitat through their regulatory or

funding roles were also sent maps and legal descriptions of the

proposed critical habitat and were asked if any of the areas were

involved in pending or anticipated permit or funding actions. Responses

to those requests will form the empirical basis of the economic

analysis. The Service is also seeking information about such possible

actions during the public comment period.

The Exclusion Process

This section summarizes the procedure that will be followed prior

to a final rule in determining whether or not to exclude an area (or

areas) from designation as critical habitat for the western snowy

plover. The criteria used to help reach a determination and the steps

followed are described below.

Section 3(5)(A) of the Endangered Species Act of 1973 (Act), as

amended, generally defines critical habitat as:

(i) The specific areas within the geographical area occupied by

the species, at the time it is listed * * * on which are found those

physical or biological features (I) essential to the conservation of

the species and (II) which may require special management

considerations or protection.

Section 3 further states that in most cases critical habitat will

not encompass the entire range of the species. The Act also directs the

Secretary to consider economic and other relevant impacts in the

designation of critical habitat. Section 4(b)(2) states:

The Secretary shall designate critical habitat, and make

revisions thereto * * * on the basis of the best scientific data

available and after taking into consideration the economic impact,

and any other relevant impact, of specifying any particular area as

critical habitat. The Secretary may exclude any area from critical

habitat if he determines that the benefits of such exclusion

outweigh the benefits of specifying such area as part of the

critical habitat, unless he determines, based on the best scientific

and commercial data available, that the failure to designate such

area as critical habitat will result in the extinction of the

species concerned.

Exclusion of an area as critical habitat would only eliminate the

protection provided by the destruction or adverse modification standard

of section 7; it would not alleviate the need to comply with other

requirements of the Act in that area, such as section 7 consultation on

jeopardy and section 9 prohibitions on take. These requirements would

apply regardless of whether or not critical habitat is designated for a

particular area.

The authority to make determinations under section 4(b)(2) of the

Act has been delegated to the Director of the Fish and Wildlife

Service. Implementation of section 4(b)(2) requires three

determinations: (1) The conservation benefits to the species of

including an area as critical habitat, (2) the economic and other costs

of including an area, and (3) the cumulative effects of exclusions on

the probability of species extinction. If the exclusion of an area or

areas from critical habitat would result in species extinction, then

exclusion of the critical habitat area(s) would not be authorized under

the Act.

The process used to evaluate critical habitat areas to determine

whether the benefits of exclusion outweigh the benefits of inclusion as

critical habitat can be summarized in several sequential steps:

Step 1 Identify areas that meet the definition of critical habitat in

section 3(5) of the Act.

Step 2 Conduct an economic analysis to determine the anticipated

economic consequences of designating areas as critical habitat.

Step 3 Identify the applicable economic, biological, and other

information that need to be considered to determine whether to retain,

exclude, or modify areas as critical habitat.

For the western snowy plover, the Service is proposing specific

critical habitat areas that the Service believes are essential to the

plovers' conservation. The biological value and [[Page 11776]] roles of

each area in providing conservation benefits to the snowy plover have

been identified in preparing the proposal. An economic analysis will be

completed which estimates the potential economic effects of proposing

critical habitat. The steps followed by the Service in designating

critical habitat and in assessing the potential economic effects

associated with a designation of the proposed areas will be fully

described in the final rule and in the economic analysis report.

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible in the

conservation of endangered or threatened species and the protection of

critical habitat. Therefore, comments or suggestions from the public,

other concerned governmental agencies, the scientific community,

industry, or any other interested party concerning this proposed rule

are hereby solicited. Comments particularly are sought concerning:

(1) Reasons why any habitat (either existing or additional areas)

should or should not be determined to be critical habitat as provided

by section 4 of the Act;

(2) Current or planned activities and their possible impacts on

proposed critical habitat areas;

(3) Any foreseeable economic and other impacts resulting from the

proposed designation of critical habitat;

(4) Economic values associated with benefits of designating

critical habitat for the coastal population of the western snowy

plover; and

(5) Information the Service might use, under section 4(b)(2) of the

Act, in determining whether the benefits of excluding an area from

critical habitat outweigh the benefits of specifying the area as

critical habitat.

Any final decision on this proposal will take into consideration

the comments and any additional information received by the Service

during the 60-day comment period following publication of this proposed

rule. The final decision on designation of critical habitat also will

include any exclusion determinations.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be received within 45 days of the

date of publication of this proposal in the Federal Register. Such

requests must be made in writing and should be sent to the Field

Supervisor, Sacramento Field Office (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment and/or an Environmental Impact Statement, as defined under

the authority of the National Environmental Policy Act of 1969, need

not be prepared in connection with regulations adopted pursuant to

section 4(a) of the Endangered Species Act of 1973, as amended. A

notice outlining the Service's reasons for this determination was

published in the Federal Register on October 25, 1983 (48 FR 49244).

Executive Order 12866 and Regulatory Flexibility Act

This rule was reviewed by the Office of Management and Budget under

Executive Order 12866. Based on the information discussed in this rule

concerning public projects and private activities within critical

habitat areas, there are no significant economic impacts resulting from

the critical habitat designation. There are a limited number of actions

on private land that have Federal involvement through funds or permits

that may be affected by critical habitat designation. Also, no direct

costs, enforcement costs, information collection, or recordkeeping

requirements are imposed on small entities by this designation.

Further, the rule contains no recordkeeping requirements as defined by

the Paperwork Reduction Act of 1990. This rule does not require a

Federalism assessment under Executive Order 12612 because it would not

have any significant federalism effects as described in the order.

References Cited

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Washington. 24 pp.

Brittell, J.D., J.M. Brown, and R.L. Eaton. 1976. Marine shoreline

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Hogan, C. 1991. Snowy plover and human activities at Damon Point,

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Josselyn, M. 1983. The ecology of San Francisco Bay tidal marshes: a

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U.S. Fish and Wildlife Service, Slidell, Louisiana. 102 pp.

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Page, G.W. 1988. Nesting success of snowy plovers in central coastal

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______ 1990. Nesting success of snowy plovers in central coastal

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Stern, M.A., K.A. Kristensen, and J.F. Morawski. 1988.

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Washington Department of Wildlife. 1993. Washington State recovery

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Widrig, R.S. 1980. Snowy plovers at Leadbetter Point. An opportunity

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pp.

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Wilson-Jacobs, R. and G.L. Dorsey. 1985. Snowy plover use of Coos

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recreational use on nesting snowy plovers at Sutton and Siltcoos

beach areas, Oregon. Oregon Department of Fish and Wildlife Nongame

Program. 37 pp.

Author: The primary author of this proposed rule is Karen J.

Miller, U.S. Fish and Wildlife Service, Sacramento Field Office,

2800 Cottage Way, Room E-1803, Sacramento, California 95825-1846

(916/979-2725).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, it is hereby proposed to amend part 17, subchapter B

of chapter I, title 50 of the Code of Federal Regulations, as set forth

below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 USC 1361-1407; 16 USC 1531-1544; 16 USC 4201-4245;

Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

Sec. 17.11 [Amended]

2. It is proposed to amend Sec. 17.11(h) by revising the ``critical

habitat'' entry for ``Plover, western snowy'', under BIRDS, to read

17.95(b).

3. It is proposed to amend Sec. 17.95(b) by adding, in the same

alphabetical order as the species occurs in Sec. 17.11(h), critical

habitat of the Pacific coast population of the western snowy plover

(Charadrius alexandrinus nivosus) to read as follows.

Sec. 17.95 Critical habitat--fish and wildlife.

* * * * *

(b) * * *

* * * * *

Western Snowy Plover (Charadrius alexandrinus nivosus)

[GRAPHIC][TIFF OMITTED]TP02MR95.000

Washington. Areas of land and water as follows:

WA-1. Damon Point, Grays Harbor County (Index Map 1)

Beginning at 46 deg.55'55'' N, 124 deg.09'07'' W, thence

northwesterly following the property line of the Oyhut Wildlife

Recreation Area to 46 deg.55'58'' N, 124 deg.09'14'' W, thence

northwesterly to 46 deg.56'12'' N, 124 deg.09'16'' W, thence

northeasterly to 46 deg.56'27'' N, 124 deg.09'11'' W, thence

northeasterly to 46 deg.56'52'' N, 124 deg.08'02'' W, thence east to

MLW, thence southeasterly, southerly, and southwesterly following

MLW around Damon Point to a point directly east of the point of

beginning, thence west to the point of beginning. (Point Brown and

Westport USGS 7.5'' Quads 1983)

[[Page 11778]]

[GRAPHIC][TIFF OMITTED]TP02MR95.001

WA-2. Leadbetter Point, Pacific County (Index Map 1)

Beginning at 46 deg.36'22'' N, 124 deg.03'51'' W, thence

northeasterly to 46 deg.37'38'' N, 124 deg.03'55'' W, thence

northeasterly to 46 deg.38'30'' N, 124 deg.03'01'' W, thence

southeasterly to 46 deg.37'58'' N, 124 deg.02'05'' W, thence

southwesterly to 46 deg.37'48'' N, 124 deg.02'20'' W, thence south

to MLW, thence northeasterly around the north end of Leadbetter

Point, thence southerly following MLW to a point directly west of

the point of beginning, thence east to the point of beginning.

Excludes all U.S. Fish and Wildlife Service property. (North Cove

and Oysterville USGS 7.5'' Quads 1984)

[GRAPHIC][TIFF OMITTED]TP02MR95.002

Oregon. Areas of land and water as follows:

OR-1. Bayocean Spit, Tillamook County (Index Map 1)

Beginning at 45 deg.33'57''N, 123 deg.56'50''W, thence north to

MLW, thence southeasterly following MLW to 45 deg.33'42''N,

123 deg.56'21''W, thence southerly to 45 deg.33'28''N,

123 deg.56'18''W, thence southwesterly to 45 deg.33'12''N,

123 deg.56'45''W, thence southerly following the easterly edge of

the sand depicted on the topographic map as a dashed line to

45 deg.32'28''N, 123 deg.56'54''W, thence southerly to

45 deg.32'23''N, 123 deg.56'56''W, thence southerly following the

easterly edge of the sand depicted on the topographic map as a

dashed line to 45 deg.30'21''N, 123 deg.57'21''W, thence west to

MLW, thence northerly following MLW to the toe of the South Jetty,

thence directly west to the point of beginning. (Garibaldi USGS

7.5'' Quad 1985)

[[Page 11779]]

[GRAPHIC][TIFF OMITTED]TP02MR95.003

OR-2. Heceta Head to Siuslaw River, Lane County (Index Map 1)

Beginning at 44 deg.06'15''N, 124 deg.07'20''W, thence southerly

to 44 deg.05'51''N, 124 deg.07'18''W, thence southerly to

44 deg.05'15''N, 124 deg.07'26''W, thence southerly to

44 deg.04'10''N, 124 deg.07'35''W, thence southeasterly to

44 deg.04'03''N, 124 deg.07'23''W, thence southerly following the

east edge of the sand depicted on the topographic map as a dashed

line to 44 deg.02'50''N, 124 deg.07'53''W, thence westerly to

44 deg.02'50''N, 124 deg.07'57''W, thence southerly to

44 deg.01'08''N, 124 deg.08'19''W, thence westerly following the

northerly toe of the North Jetty to MLW, thence northerly following

MLW to a point directly west of the point of beginning, thence east

to the point of beginning. (Mercer Lake USGS 7.5'' Quad 1984)

[[Page 11780]]

[GRAPHIC][TIFF OMITTED]TP02MR95.004

OR-3. Siuslaw River to Siltcoos River, Lane County (Index Map 1)

Beginning at 44 deg.00'59''N, 124 deg.08'15''W, thence easterly

following the toe of the South Jetty to 44 deg.00'54''N,

124 deg.08'01''W, thence southwesterly to 44 deg.00'49''N,

124 deg.08'06''W, thence southerly to 44 deg.00'00''N,

124 deg.08'06''W, thence southerly following 25 ft. east of road to

43 deg.57'23''N, 124 deg.08'27''W, thence southerly to

43 deg.52'55''N, 124 deg.09 deg.10''W, thence southeasterly to

43 deg.52'46''N, 124 deg.08'58''W, thence southerly to

43 deg.52'38''N, 124 deg.08'58''W, thence west to MLW, thence

southerly and westerly following MLW around the southern end of the

spit, thence northerly following MLW to a point directly west of the

point of beginning, thence east to the point of beginning. (Mercer

Lake, Goose Pasture, and Tahkenitch Creek USGS 7.5'' Quads 1984)

[[Page 11781]]

[GRAPHIC][TIFF OMITTED]TP02MR95.005

OR-4. Siltcoos River to Threemile Creek, Lane and Douglas County (Index

Map 1)

Beginning at 43 deg.52'29''N, 124 deg.08'55''W, thence

southwesterly to 43 deg.52'13''N, 124 deg.09'11''W, thence westerly

to 43 deg.52'12''N, 124 deg.09'18''W, thence southerly to

43 deg.49'02''N, 124 deg.09'52''W, thence east to 43 deg.49'02''N,

124 deg.09'43''W, thence southerly to 43 deg.47'08''N,

124 deg.10'04''W, thence southwesterly to 43 deg.47'00''N,

124 deg.10'16N'W, thence southerly to 43 deg.45'00''N,

124 deg.10'42''W, thence west to MLW, thence northerly following MLW

to a point directly north of the point of beginning, thence south to

the point of beginning. (Goose Pasture and Tahkenitch Creek USGS

7.5'' Quad 1984)

[[Page 11782]]

[GRAPHIC][TIFF OMITTED]TP02MR95.006

OR-5. Umpqua River to Horsfall Beach, Douglas and Coos County (Index

Map 1)

Beginning at 43 deg.39#51## N, 124 deg.12#25## W, thence

southerly to 43 deg.39#36## N, 124 deg.12#25## W, thence southerly

to 43 deg.38#40## N, 124 deg.12#29## W, thence southerly following

25 ft. east of road to 43 deg.37#30## N, 124 deg.12#46## W, thence

southwesterly to 43 deg.34#39## N, 124 deg.13#34## W, thence

southwesterly to 43 deg.34#00## N, 124 deg.13#46## W, thence

easterly to 43 deg.33#58## N, 124 deg.13#26## W, thence

southwesterly to 43 deg.33#29## N, 124 deg.13#37## W, thence

westerly to 43 deg. 33#26## N, 124 deg.13#53## W, thence

southwesterly following 20 ft. contour to 43 deg.30#00## N,

124 deg.15#16## W, thence southwesterly to 43 deg.27#08## N,

124 deg.16#36## W, thence west to MLW, thence northeasterly

following MLW to the southern toe of South Jetty, thence northeast

to the point of beginning. (Winchester Bay and Lakeside USGS 7.5##

Quads 1985, and Empire USGS 7.5'' Quad 1970)

[[Page 11783]]

[GRAPHIC][TIFF OMITTED]TP02MR95.007

OR-6. Horsfall Beach to Coos Bay, Coos County (Index Map 1)

Unit 1

Beginning at 43 deg.27#08## N, 124 deg.16#36## W, thence

southwesterly following 20 ft. contour to 43 deg.25#34## N,

124 deg.17#27## W, thence southwesterly following 20 ft. contour to

43 deg.22#23## N, 124 deg.19#25## W, thence east to MLW, thence

southerly and westerly following MLW around the southern tip of the

north spit, thence northeasterly following MLW to a point directly

west of the point of beginning, thence east to the point of

beginning. (Empire and Charleston USGS 7.5'' Quads 1970)

Unit 2

Beginning at 43 deg.25#02## N, 124 deg.16#12## W, thence

southeasterly to 43 deg.24#51## N, 124 deg.16#18## W, thence east to

MLW, thence southerly following MLW to a point directly east of

43 deg.24#44## N, 124 deg.16#18## W, thence west to said point,

thence westerly to 43 deg.24#44## N, 124 deg.17#01## W, thence

northeasterly to 43 deg.24# 57## N, 124 deg.17#00## W, thence

northwesterly to 43 deg.24#54## N, 124 deg.17#04## W, thence

northeasterly to the point of beginning. (Empire USGS 7.5'' Quad

1970)

Unit 3

Beginning at 43 deg.21#05## N, 124 deg.20#26## W, thence

southwesterly to 43 deg.20#39## N, 124 deg.20#54## W, thence

southwesterly to 43 deg.21#21## N, 124 deg.21#21## W, thence north

to MLW, thence northeasterly following MLW to the southern toe of

the South Jetty, thence easterly following the toe of the South

Jetty to the point of beginning. (Charleston USGS 7.5'' Quad 1970)

[[Page 11784]]

[GRAPHIC][TIFF OMITTED]TP02MR95.008

OR-7. Bandon Park to Floras Lake, Coos and Curry Counties (Index Map 1)

Beginning at 43 deg.04'14''N, 124 deg.26'01''W, thence southerly

to 43 deg.03'22''N, 124 deg.26'10''W, thence southerly to

43 deg.02'42''N, 124 deg.26'16''W, thence southerly to

43 deg.01'42''N, 124 deg.26'26''W, thence southwesterly to

43 deg.00'56''N, 124 deg.26'58''W, thence southwesterly to

43 deg.00'00''N, 124 deg.27'17''W, thence southerly to

42 deg.59'27''N, 124 deg.27'25''W, thence southwesterly to

42 deg.57'16''N, 124 deg.28'24''W, thence southwesterly to

42 deg.55'52''N, 124 deg.29'09''W, thence southwesterly to

42 deg.54'48''N, 124 deg.30'00''W, thence southwesterly to

42 deg.54'10''N, 124 deg.30'22''W, thence southwesterly to

42 deg.53'42''N, 124 deg.30'49''W, thence west to MLW, thence

northeasterly following MLW to a point directly west of the point of

beginning, thence east to the point of beginning. (Floras Lake and

Langlois USGS 7.5'' Quads 1986, and Bandon USGS 7.5'' Quad 1970)

[[Page 11785]]

[GRAPHIC][TIFF OMITTED]TP02MR95.009

[[Page 11786]]

[GRAPHIC][TIFF OMITTED]TP02MR95.010

California. Areas of land and water as follows:

CA-1. Humboldt Coast Lagoon Beaches, Humboldt County (Index Map 2)

Unit 1--Stone Lagoon

Beginning at 41 deg.15'33''N, 124 deg.05'54''W, thence south and

east following the west side of the access road to Dry Lagoon State

Park to 41 deg.15'29''N, 124 deg.05'49''W, thence southwesterly

following the high water line of Stone Lagoon to 41 deg.14'42''N,

124 deg.06'08''W, thence southwesterly to 41 deg.14'40''N,

124 deg.06'10''W, thence southwesterly following the 40-foot contour

line to 41 deg.14'14''N, 124 deg.06'21''W, thence west to MLW,

thence northeasterly following MLW to a point directly west of the

point of beginning, thence east to the point of beginning. (Orick

and Rodgers Peak USGS 7.5'' Quads 1966)

[GRAPHIC][TIFF OMITTED]TP02MR95.011

Unit 2--Big Lagoon

Beginning at 41 deg.13'00''N, 124 deg.06'39''W, thence southerly

following the 40-foot contour line to 41 deg.12'47''N,

124 deg.06'40''W, thence southerly following the Big Lagoon State

Park property line to 41 deg.12'39''N, 124 deg.06'40'''W, thence

northwesterly and southwesterly following the high water line of Big

Lagoon to 41 deg.09'54''N, 124 deg.07'49''W, thence southwesterly

following the Big Lagoon State Park property line to

41 deg.09'49''N, 124 deg.08'00''W, thence west to MLW, thence

northeasterly following MLW to a point directly west of the point of

beginning, thence east to the point of beginning. (Rodgers Peak USGS

7.5'' Quad 1966 and Trinidad USGS 7.5'' Quad 1978)

[[Page 11787]]

[GRAPHIC][TIFF OMITTED]TP02MR95.012

CA-2. Eel River Beaches, Humboldt County (Index Map 2)

Unit 1--Eel River North

Beginning at 40 deg.41'51''N, 124 deg.16'27''W, thence

southwesterly to 40 deg.40'11''N, 124 deg.17'30''W, thence south to

MLW, thence southerly following MLW around the south end of the

split, thence north following MLW to a point directly west of the

point of beginning, thence east to the point of beginning. (Cannibal

Island USGS 7.5'' Quad 1972)

[GRAPHIC][TIFF OMITTED]TP02MR95.013

[[Page 11788]]

Unit 2--Eel River South

Beginning at 40 deg.34'29''N, 124 deg.21'01''W, thence west to

MLW, thence northeasterly following MLW to a point directly west of

40 deg.38'28''N, 124 deg.18'42''W, thence east to said point, thence

east to MHW of the left bank of the Eel and Salt Rivers, thence

southwesterly following MHW of the left bank of the Salt River to

40 deg.37'54''N, 124 deg.18'52''W, thence southerly to

40 deg.37'38''N, 124 deg.18'53''W, thence southwesterly to

40 deg.37'14''N, 124 deg.19'25''W, thence southwesterly to

40 deg.36'44''N, 124 deg.19'36''W, thence southwesterly to

40 deg.34'29''N, 124 deg.20'56''W, thence westerly to the point of

beginning. (Cannibal Island and Ferndale USGS 7.5'' Quads 1972)

[GRAPHIC][TIFF OMITTED]TP02MR95.014

CA-3. Bodega Bay, Sonoma County (Index Map 2)

Unit 1--Bodega Harbor

Beginning at 38 deg.18'51''N, 123 deg.03'02''W, at MHW on Doran

Spit, thence north to 38 deg.19'30''N, 123 deg.03'02''W, thence east

to 38 deg.19'30''N, 123 deg.02'38''W, thence southeasterly to

38 deg.19'22''N, 123 deg.02'26''W, thence southerly to

38 deg.19'13''N, 123 deg.02'20''W, on the MHW line of Bodega Harbor,

thence southerly and westerly following MHW to the point of

beginning. (Bodega Head USGS 7.5'' Quad 1972)

Unit 2--Doran Beach

Beginning at 38 deg.18'22'' N, 123 deg.03'09''W, at the west end

of the North Jetty, thence east to MLW, thence northerly and

easterly following MLW to a point directly south of 38 deg.18'44''N,

123 deg.01'36''W, thence north to said point, thence northwesterly

to 38 deg.18'52''N, 123 deg.02'07''W, thence westerly to

38 deg.18'51''N, 123 deg.02'34''W, thence southwesterly to

38 deg.18'42''N, 123 deg.03'01''W, thence southwesterly to

38 deg.18'34''N, 123 deg.03'08''W, thence southerly to the point of

beginning. (Bodega Head USGS 7.5'' Quad 1972)

[GRAPHIC][TIFF OMITTED]TP02MR95.015

[[Page 11789]]

CA-4. Dillon Beach, Marin County (Index Map 2)

Beginning at 38 deg.14'57''N, 122 deg.57'58''W, thence southerly

to 38 deg.14'31''N, 122 deg.58'01''W, thence southwesterly to

38 deg.13'57''N, 122 deg.58'15''W, thence southeasterly to

38 deg.13'21''N, 122 deg.58'12''W, thence south to MLW, thence

northwesterly and northerly to a point directly west of the point of

beginning, thence east to the point of beginning. (Tomales USGS

7.5'' Quad 1971)

[GRAPHIC][TIFF OMITTED]TP02MR95.016

[GRAPHIC][TIFF OMITTED]TP02MR95.017

CA-5. Half Moon Bay Beaches, San Mateo County (Index Map 3)

Beginning at 37 deg.28'57''N, 122 deg.27'06''W, thence

southeasterly to 37 deg.28'26''N, 122 deg.26'45''W, thence

southwesterly to 37 deg.28'24''N, 122 deg.26'47''W, thence southerly

following the 20-foot contour line to 37 deg.27'49''N,

122 deg.26'40''W, thence west to MLW, thence northwesterly following

MLW to a point directly west of the point of beginning, thence east

to the point of beginning. (Half Moon Bay USGS 7.5'' Quad 1973)

[[Page 11790]]

[GRAPHIC][TIFF OMITTED]TP02MR95.018

CA-6. Santa Cruz Coast Beaches, Santa Cruz County (Index Map 3)

Unit 1--Waddell Creek Beach

Beginning at 37 deg.05'35''N, 122 deg.16'32''W, thence west to

MLW, thence northwesterly following MLW to a point west of

37 deg.05'52''N, 122 deg.16'32''W, thence east to said point, thence

southeasterly to MHW line of Waddell Creek 37 deg.05'41''N,

122 deg.16'34''W, thence south to point of beginning. (Ano Nuevo

USGS 7.5'' Quad 1968)

[GRAPHIC][TIFF OMITTED]TP02MR95.019

Unit 2--Scott Creek Beach

Beginning at 37 deg.02'33''N, 122 deg.13'53''W, located at

northwest end of beach, thence southeasterly to 37 deg.02'22''N,

122 deg.13'36''W, located west of Highway 1 and excluding the

existing Highway 1 ROW, thence south to 37 deg.01'58''N,

122 deg.13'34''W, located at south end of beach on 60 foot contour

line, thence west to MLW, thence northwesterly following MLW to a

point directly west of point of beginning, thence east to point of

beginning. (Davenport USGS 7.5'' Quad 1968)

[[Page 11791]]

[GRAPHIC][TIFF OMITTED]TP02MR95.020

Unit 3--Laguna Creek Beach

Beginning at 36 deg.59'04''N, 122 deg.09'26''W, located at

northwest end of beach on 20 foot contour line, thence east

following 20 foot contour line to 36 deg.59'03''N, 122 deg.09'14''W,

located at Laguna Creek at a point 800 feet south of Highway 1,

thence south to MLW, thence northwesterly following MLW to a point

directly south of point of beginning, thence north to point of

beginning. (Santa Cruz USGS 7.5'' Quad 1981)

[GRAPHIC][TIFF OMITTED]TP02MR95.021

Unit 4--Wilder Creek Beach

Beginning at 36 deg.57'17''N, 122 deg.04'43''W, located at

northwest end of upper beach on 40 foot contour line, thence

southwesterly to 36 deg.57'16''N, 122 deg.04'29''W, located at

northeast end of upper beach east of 40 foot contour line, thence

south to MLW, thence northwesterly following MLW to 40 foot contour

line at west end of beach, thence north following 40 foot contour

line to point of beginning. (Santa Cruz USGS 7.5'' Quad 1981)

[[Page 11792]]

[GRAPHIC][TIFF OMITTED]TP02MR95.022

CA-7. Monterey Bay Beaches, Santa Cruz and Monterey Counties (Index Map

3)

Unit 1--Sunset Beach

Beginning at 36 deg.54'38''N, 121 deg.50'50''W, located west of

Zils Road, thence southeasterly to 36 deg.51'25''N,

121 deg.48'13''W, thence east along north bank of Pajaro River to

36 deg.51'27''N, 121 deg.48'30''W, located south of mouth of Watson

Slough, thence south to MLW, thence southerly following MLW around

south end of beach, thence northwesterly following MLW to a point

west of point of beginning, thence east to point of beginning.

(Watsonville West and Moss Landing USGS 7.5'' Quad 1980)

[GRAPHIC][TIFF OMITTED]TP02MR95.023

Unit 2--Mudowski Beach

Beginning at 36 deg.49''25'' N, 121 deg.48'21'' W, thence

southerly to 36 deg.50'58'' N, 121 deg.48'15'' W, located north of

the 10 foot contour line and west of Jensen Road, thence

southwesterly to 36 deg.51'11'' N, 121 deg.48'20'' W, thence

southeasterly to 36 deg.50'43'' N, 121 deg.47'15'' W, located east

of seawall, thence south to MLW, thence southwesterly following MLW

around south end of beach, thence northwesterly following MLW to

north end of beach, thence northeasterly following MLW around north

end of beach to a point north of point of beginning, thence south to

point of beginning. (Moss Landing USGS 7.5'' Quad 1980)

Unit 3--Elkhorn Slough Mud Flat/Salt Pond

Beginning at north bank of Elkhorn Slough 36 deg.48'49'' N,

121 deg.46'12'' W, thence west following south perimeter of mud flat

and salt pond to 36 deg.48'50'' N, 121 deg.47'02'' W, which excludes

the existing Highway 1 ROW, thence north following west perimeter of

the salt pond, thence east following northern perimeter of salt pond

to west perimeter of mud flat, thence north following west perimeter

of mud flat to 36 deg.49'14'' N, 121 deg.46'55'' W, located on south

shore of Bennett Slough, thence northeasterly following south bank

of Bennett Slough to 36 deg.49'24'' N, 121 deg.46'22'' W, located at

the northern most point of mud flat, thence southeasterly following

the east perimeter of the mud flat to 36 deg.49'12'' N,

121 deg.46'12'' W, thence easterly following the perimeter of the

mud flat to 36 deg.49'59'' N, 121 deg.45'59'' W, thence south

following east perimeter of mud flat to 36 deg.49'04'' N,

121 deg.45'58'' W, thence [[Page 11793]] southwesterly along

northern shore of Elkhorn Slough to point of beginning. (Moss

Landing USGS 7.5'' Quad 1980)

[GRAPHIC][TIFF OMITTED]TP02MR95.024

Unit 4--Salinas River Beach

Beginning at 36 deg.48'01'' N, 121 deg.47'18'' W, located south

of boat launch, thence southerly to 36 deg.46'31'' N,

121 deg.47'40'' W, thence southerly to 36 deg.45'00'' N,

121 deg.48'04'' W, located on north bank of Salinas River, thence

southeasterly following north bank of Salinas River to

36 deg.44'16'' N, 121 deg.47'20'' W, thence southwesterly across

Salinas River to 36 deg.44'10'' N, 121 deg.47'28'' W, located on

south bank, thence northwesterly following south bank of Salinas

River to 36 deg.44'41'' N, 121 deg.48'02'' W, thence westerly to

36 deg.44'49'' N, 121 deg.48'12'' W, thence south to 36 deg.44'54''

N, 121 deg.48'12'' W, located at northern most point of a large

pond, thence southeasterly following north shore of pond to

36 deg.44'44'' N, 121 deg.47'53'' W, thence southwesterly to

36 deg.44'34'' N, 121 deg.48'13'' W, thence southerly to

36 deg.42'59'' N, 121 deg.48'17'' W, thence southerly to

36 deg.41'45'' N, 121 deg.48'49'' W, thence southerly to

36 deg.39'45'' N, 121 deg.49'17'' W, thence west to MLW, thence

northerly following MLW to a point west of point of beginning,

thence east to point of beginning. Excludes all U.S. Fish and

Wildlife Service property. (Moss Landing USGS 7.5'' Quad 1980 and

Marina USGS 7.5'' Quad 1983)

[[Page 11794]]

[GRAPHIC][TIFF OMITTED]TP02MR95.025

Unit 5--Fort Ord/Seaside Beaches

Beginning at 36 deg.39'44''N, 121 deg.49'17''W, located west of

beach parking lot, thence southerly following upper beach where it

meets toe of bluffs to 36 deg.38'33''N, 121 deg.49'54''W, thence

southerly following upper beach where it meets toe of bluffs to

36 deg.36'58''N, 121 deg.51'00''W, thence continue southwesterly

following upper portion of beach where it meets toe of bluffs and

sand dunes to 36 deg.36'06''N, 121 deg.52'15''W, thence west to

36 deg.36'06''N, 121 deg.52'30''W, thence north to MLW, thence

northeasterly following MLW to a point west of point of beginning,

thence east to point of beginning. (Marina USGS 7.5'' Quad 1983 and

Seaside USGS 7.5'' Quad 1968)

[[Page 11795]]

[GRAPHIC][TIFF OMITTED]TP02MR95.026

CA-8. Point Sur Beach, Monterey County (Index Map 3)

Beginning at 36 deg.19'11''N, 121 deg.53'39''W, located at north

end of beach, thence south to 36 deg.18'31''N, 121 deg.53'32''W,

located north of Lighthouse Road, thence southwesterly following a

line north of Lighthouse Road to 36 deg.18'37''N, 121 deg.53'46''W,

thence west to MLW, thence northeasterly following MLW to a point

west of point of beginning, thence east to point of beginning.

(Point Sur USGS 7.5'' Quad 1983)

[GRAPHIC][TIFF OMITTED]TP02MR95.027

CA-9. Arroyo Hondo Creek Beach, San Luis Obispo County (Index Map 3)

Beginning at 35 deg.45'23''N, 121 deg.19'02''W, thence southerly

following the 20-foot contour line to 35 deg.45'00''N,

121 deg.18'52''W, thence southeasterly to 35 deg.44'54''N,

121 deg.18'55''W, thence west to MLW, thence northerly following MLW

to a point directly west of the point of beginning, thence east to

the point of beginning. (Burro Mountain USGS 7.5'' Quad 1972 and

Piedras Blancas USGS 7.5'' Quad 1959)

[[Page 11796]]

[GRAPHIC][TIFF OMITTED]TP02MR95.028

CA-10. Arroyo Laguna Creek Beach, San Luis Obispo County (Index Map 3)

Beginning at 35 deg.39'08''N, 121 deg.13'15''W, located south of

Highway 1 and excluding the existing Highway 1 ROW, thence

southeasterly to 35 deg.39'05''N, 121 deg.13'17''W, thence south to

MLW, thence westerly following MLW to a point south of point of

beginning, thence north to point of beginning. (San Simeon USGS

7.5'' Quad 1958)

[GRAPHIC][TIFF OMITTED]TP02MR95.029

CA-11. Morro Bay Beaches, San Luis Obispo County (Index Map 3)

Unit 1--Toro Creek

Beginning at 35 deg.24'57'' N, 120 deg.52'27'' W, located west

of Highway 1 and excluding the existing Highway 1 ROW, thence

southerly along a line west of Highway 1, excluding the existing

Highway 1 ROW, to 35 deg.24'30''N, 120 deg.52'14''W, thence west to

MLW, thence northwesterly following MLW to a point west of point of

beginning, thence east to point of beginning. (Morro Bay North USGS

7.5'' Quad 1965)

[[Page 11797]]

[GRAPHIC][TIFF OMITTED]TP02MR95.030

Unit 2--Atascadero Beach

Beginning at 35 deg.24'13''N, 120 deg.52'02''W, located west of

Beachcomber Drive, thence southeasterly along upper beach to

35 deg.23'38''N, 120 deg.51'48''W, located west of Sandalwood

Avenue, thence south to 35 deg.23'24''N, 120 deg.51'39''W, thence

south to 35 deg.22'22''N, 120 deg.51'31''W, located at the southwest

end of powerplant, thence west to MLW, thence northerly following

MLW to a point west of point of beginning, thence east to point of

beginning. (Morro Bay North and Morro Bay South USGS 7.5'' Quads

1965)

[GRAPHIC][TIFF OMITTED]TP02MR95.031

Unit 3--Morro Bay Beach

Beginning at 35 deg.17'28''N, 120 deg.52'46''W, located at south

end of beach, thence west to MLW, thence northeasterly following MLW

to breakwater, thence from breakwater following MLW clockwise around

northern end of peninsula to a point east of 35 deg.21'28''N,

120 deg.51'28''W, thence west to said point, thence southwesterly to

35 deg.19'54''N, 120 deg.51'38''W, thence southwesterly to

35 deg.18'38''N, 120 deg.52'06''W, thence southwesterly to point of

beginning. (Morro Bay South USGS 7.5'' Quad 1978)

[[Page 11798]]

[GRAPHIC][TIFF OMITTED]TP02MR95.032

CA-12. Pismo Beach/Nipomo Dunes, San Luis Obispo and Santa Barbara

Counties (Index Map 3)

Beginning at 34 deg.53'02''N, 120 deg.39'40''W, located

northeast of Mussel Point, thence west to MLW, thence northerly

following MLW to a point west of 35 deg.06'06''N, 120 deg.37'45''W,

thence east to said point, thence southeasterly to 35 deg.06'01''N,

120 deg.37'40''W, located on north bank of Arroyo Grande Creek,

thence easterly following north bank of Arroyo Grande Creek to

35 deg.05'58''N, 120 deg.37'19''W, thence southerly across Arroyo

Grande Creek to 35 deg.05'56''N, 120 deg.37'18''W, thence westerly

to 35 deg.05'58''N, 120 deg.37'38''W, thence southeasterly to

35 deg.05'27''N, 120 deg.37'32''W, thence southerly to

35 deg.04'27''N, 120 deg.37'30''W, thence southwesterly to

35 deg.02'32''N, 120 deg.37'35''W, thence south to 35 deg.01'42''N,

120 deg.37'35''W, thence southwesterly to 34 deg.58'53''N,

120 deg.39'02''W, thence southeasterly across Guadalupe oil field to

34 deg.58'10''N, 120 deg.38'27''W, located at east end of a pond

north of Santa Maria River, thence southwesterly to a point on 40-

foot contour line 34 deg.57'45''N, 120 deg.38'59''W, located south

of the Santa Maria River, thence southwesterly along the 40-foot

contour line to point of beginning. (Oceano USGS 7.5'' Quad 1979 and

Point Sal USGS 7.5'' Quad 1974)

[[Page 11799]]

[GRAPHIC][TIFF OMITTED]TP02MR95.033

CA-13. Point Sal to Point Conception Beaches, Santa Barbara County

(Index Map 3)

Unit 1--Vandenberg Beach

Beginning at 35 deg.51'41''N, 120 deg.36'36''W, located on 40-

foot contour line, thence southerly along 40-foot contour line to

34 deg.45'22''N, 120 deg.37'50''W, located southeast of Purisma

Point, thence south to MLW, thence northwesterly following MLW

around Purisma Point, thence north following MLW to a point west of

point of beginning, thence east to point of beginning. (Casmalia

USGS 7.5'' Quad 1982)

[[Page 11800]]

[GRAPHIC][TIFF OMITTED]TP02MR95.034

Unit 2--Santa Ynez River Mouth/Ocean Beach

Beginning at 34 deg.42'16''N, 120 deg.35'54''W, located west of

beach access road, thence southeasterly to 34 deg.41'56''N,

120 deg.35'45''W, located west of railroad tracks, thence

southwesterly to 34 deg.41'35''N, 120 deg.35'55''W, located on north

bank of Santa Ynez River, thence northeasterly to 34 deg.41'41''N,

120 deg.35'43''W, thence southeasterly along north bank of Santa

Ynez River to 34 deg.41'24''N, 120 deg.35'05''W, located at end of

Gravel Pit Road, thence southwesterly to 34 deg.41'18''N,

120 deg.35'13''W, located on south bank of Santa Ynez River, thence

west across railroad tracks to 34 deg.41'27''N, 120 deg.35'58''W,

located on 40-foot contour line, thence southwesterly along 40-foot

contour line to 34 deg.37'28''N, 120 deg.37'16''W, located 400 feet

west of railroad tracks, thence west to MLW, thence northeasterly

following MLW to a point west of point of beginning, thence east to

point of beginning. (Surf USGS 7.5'' Quad 1974)

[[Page 11801]]

[GRAPHIC][TIFF OMITTED]TP02MR95.035

Unit 3--Jalama Beach

Beginning at 34 deg. 30' 48'' N, 120 deg. 30' 12'' W, thence

southeasterly to 34 deg. 30' 44'' N, 120 deg. 30' 04'' W, located at

northern end of Jalama Beach Lagoon, thence southeasterly to 34 deg.

30' 23'' N, 120 deg. 29' 55'' W, thence southeasterly to 34 deg. 29'

53'' N, 120 deg. 29' 44'' W, thence southeasterly to 34 deg. 29'

43'' N, 120 deg. 29' 42'' W, thence west to MLW, thence

northwesterly following MLW to a point west of point of beginning,

thence east to point of beginning. (Tranquillon Mountain USGS 7.5''

Quad 1959, Lompoc Hills USGS 7.5'' Quad 1971, and Point Conception

USGS 7.5'' Quad 1974)

[GRAPHIC][TIFF OMITTED]TP02MR95.036

[[Page 11802]]

CA-14. Santa Barbara Coast Beaches, Santa Barbara County (Index Map 3)

Unit 1--Devereaux Beach

Beginning at 34 deg. 25' 13'' N, 119 deg. 53' 31'' W, located on

20 foot contour line, thence southeasterly following 20-foot contour

line, thence northeasterly around Coal Oil Point to 34 deg. 24' 33''

N, 119 deg. 51' 57'' W, located on 20 foot contour line, thence

south to MLW, thence westerly following MLW, southwesterly around

Coal Oil Point, thence northwesterly to a point south of point of

beginning, thence north to point of beginning. (Dos Pueblos Canyon

and Goleta USGS 7.5'' 3 Quad 1988)

[GRAPHIC][TIFF OMITTED]TP02MR95.037

Unit 2--Point Castillo/ Santa Barbara Harbor Beach

Point Castillo

Beginning (breakwater and sandspit) at 34 deg.24'17'' N,

119 deg.41'13'' W, located at Beacon, thence south to MLW, thence

southwesterly following MLW on outside of breakwater to Point

Castillo, thence northeasterly following MLW inside of breakwater to

southwest end of sandspit, thence circle sandspit clockwise

following MLW to a point south of point of beginning, thence north

to point of beginning. (Santa Barbara USGS 7.5'' Quad 1967)

Santa Barbara Harbor Beach

Beginning at 34 deg.24'16'' N, 119 deg.41'37'' W, located at

southwest end of beach, thence northeasterly following a line south

of Cabrillo Blvd. to 34 deg.22'09'' N, 119 deg.38'22'' W, located on

west side of Stearns Wharf, thence northeasterly to 34 deg.24'54''

N, 119 deg.40'52'' W, thence easterly following a line just south of

Cabrillo Blvd. to 34 deg.25'03'' N, 119 deg.39'50'' W, thence

southeasterly to 34 deg.25'00'' N, 119 deg.38'01'' W, thence south

to MLW, thence southwesterly following MLW to a point east of point

of beginning, thence west to point of beginning. (Santa Barbara USGS

7.5'' Quad 1967)

[GRAPHIC][TIFF OMITTED]TP02MR95.038

Unit 3--Carpinteria Beach

Beginning at 34 deg.23'38'' N, 119 deg.31'26'' W, located at end

of Linden St. on northwest end of beach, thence southeasterly to

34 deg.23'22'' N, 119 deg.31'02'' W, located at southeast end of the

beach, thence south to MLW, thence northwesterly following MLW to a

point south of point of beginning, thence north to point of

beginning. (Carpinteria USGS 7.5'' Quad 1988)

[[Page 11803]]

[GRAPHIC][TIFF OMITTED]TP02MR95.039

[GRAPHIC][TIFF OMITTED]TP02MR95.040

CA-15. Oxnard Lowlands, Ventura County (Index Map 4)

Unit 1--San Buena/Ventura Beach

Beginning 34 deg.16'33'' N, 119 deg.17'38'' W, which is located

at northwest end of beach, thence east to 34 deg.16'51'' N,

119 deg.17'24'' W, thence southeasterly to 34 deg.16'40'' N,

119 deg.17'03'' W, thence southeasterly to 34 deg.16'15'' N,

119 deg.16'33'' W, thence southeasterly to 34 deg.15'40'' N,

119 deg.16'16'' W, thence southeasterly to 34 deg.15'02'' N,

119 deg.15'52'' W, thence west to MLW, thence northwesterly

following MLW to a point south of point of beginning, thence north

to point of beginning. (Ventura USGS 7.5'' Quad 1967)

[[Page 11804]]

[GRAPHIC][TIFF OMITTED]TP02MR95.041

Unit 2--Mandalay Beach/Santa Clara River Mouth

Beginning at 34 deg.14'28'' N, 119 deg.16'12'' W, located at the

north end of beach, thence southeasterly to 34 deg.14'10'' N,

119 deg.15'30'' W, located on north bank of Santa Clara River,

thence east to 34 deg.14'09'' N, 119 deg.15'57'' W, thence south to

34 deg.14'09'' N, 119 deg.13'57'' W, thence west following south

bank of Santa Clara River to 34 deg.14'01'' N, 119 deg.15'30'' W,

thence southwesterly to 34 deg.13'53'' N, 119 deg.15'40'' W, located

on 15-foot contour line, thence southeasterly to 34 deg.12'58'' N,

119 deg.15'15'' W, located on north end of McGrath Lake, thence

southeasterly following 15-foot contour line to 34 deg.09'30'' N,

119 deg.13'28'' W, located on north side of boat ramp, thence west

to MLW, thence northwesterly following MLW to a point west of point

of beginning, thence east to point of beginning. (Oxnard USGS 7.5''

Quad 1967)

[[Page 11805]]

[GRAPHIC][TIFF OMITTED]TP02MR95.042

Unit 3--Ormond Beach

Beginning at 34 deg.08'40'' N, 119 deg.11'58'' W, located east

of road to jetty, thence southeasterly to 34 deg.08'49'' N,

119 deg.11'58'' W, thence southeasterly to 34 deg.07'48'' N,

119 deg.10'15'' W, located at northwest end of wetlands, thence

southeasterly to 34 deg.07'22'' N, 119 deg.09'19'' W, located on

west side of Arnold Road, thence southwest along Arnold Road to

34 deg.07'10'' N, 119 deg.09'32'' W, located at end of Arnold Road,

thence west to MLW, thence northwesterly following MLW to a point

south of point of beginning, thence north to point of beginning.

(Oxnard and Point Mugu USGS 7.5'' Quads 1967)

[[Page 11806]]

[GRAPHIC][TIFF OMITTED]TP02MR95.043

Unit 4--Mugu Lagoon Beach

Beginning at 34 deg.07'15'' N, 119 deg.09'28'' W, thence

southeasterly to 34 deg.06'45'' N, 119 deg.08'44'' W, thence

southwesterly to 34 deg.06'42'' N, 119 deg.08'47'' W, thence

southeasterly to 34 deg.06'31'' N, 119 deg.08'32'' W, thence

southeasterly to 34 deg.06'20'' N, 119 deg.08'10'' W, thence

southeasterly following 10-foot contour line to 34 deg.06'03'' N,

119 deg.05'44'' W, thence east following the HWL of Mugu Lagoon and

crossing the mouth of said lagoon to 34 deg.05'34'' N,

119 deg.04'13'' W, thence southeasterly to 34 deg.05'28'' N,

119 deg.04'08'' W, located on 10 foot contour line, thence

southeasterly following 10 foot contour line to 34 deg.05'10'' N,

119 deg.03'38'' W, located on west side of Point Mugu, thence west

to MLW, thence northwesterly following MLW, but excluding the mouth

of Mugu Lagoon, to a point south of point of beginning, thence north

to point of beginning. (Point Mugu USGS 7.5'' Quad 1967)

[GRAPHIC][TIFF OMITTED]TP02MR95.044

CA-16. San Nicolas Island Beaches, Ventura County (Index Map 4)

Unit SN-1

Beginning at 33 deg.14'02'' N, 119 deg.26'12'' W, thence east to

MLW, thence southeasterly and southwesterly following MLW around

east end of Island to a point east of 33 deg.13'27'' N,

119 deg.26'11'' W, thence west to said point, thence north following

25-foot contour line to point of beginning. (San Nicolas Island USGS

7.5'' Quad 1956)

Unit SN-2

Beginning at 33 deg.12'59'' N, 119 deg.28'33'' W, located south

of Island Road, thence easterly to 33 deg.12'57'' N, 119 deg.27'59''

W, thence easterly to 33 deg.13'02'' N, 119 deg.27'17'' W, thence

easterly to 33 deg.13'10'' N, 119 deg.26'55'' W, thence south to

MLW, thence west following MLW to a point south of point of

beginning, thence north to point of beginning. (San Nicolas Island

USGS 7.5'' Quad 1956)

Unit SN-3

Beginning at 33 deg.13'12'' N, 119 deg.29'36'' W, located south

of Island Road, thence easterly to 33 deg.13' 11'' N,

119 deg.29'09'' W, thence easterly to 33 deg.13'02'' N,

119 deg.28'39'' W, thence south to MLW, thence west following MLW to

a point south of point of beginning, thence north to point of

beginning. (San Nicolas Island USGS 7.5'' Quad 1956)

Unit SN-4

Beginning at 33 deg.13'18'' N, 119 deg. 30' 05'' W, thence

southeasterly to 33 deg.13' 10'' N, 119 deg.29'48'' W, thence west

to MLW, thence northwesterly to a point south of point of beginning,

thence north to point of beginning. (San Nicolas Island USGS 7.5''

Quad 1956)

Unit SN-5

Beginning at 33 deg.13'24'' N, 119 deg.30'25'' W, thence

southeasterly to 33 deg.13'17'' N, 119 deg.30'09'' W, thence south

to MLW, thence northwesterly following MLW to a point south of point

of beginning, thence north to point of beginning. (San Nicolas

Island USGS 7.5'' Quad 1956)

Unit SN-6

Beginning at 33 deg.13'47'' N, 119 deg.31'12'' W, thence

southeasterly to 33 deg.13' 36'' N, 119 deg.0'55'' W, thence south

to MLW, thence northwesterly following MLW to a point south of point

of beginning, thence north to point of beginning. (San Nicolas

Island USGS 7.5'' Quad 1956)

Unit SN-7

Beginning at 33 deg.14'10'' N, 119 deg.32'49'' W, thence

southeasterly to 33 deg.14'07'' N, 119 deg.32'41'' W, thence

southeasterly to 33 deg.14'00'' N, 119 deg.32'38'' W, thence south

to MLW, thence northwesterly following MLW to a point south of point

of beginning, thence north to point of beginning. (San Nicolas

Island USGS 7.5'' Quad 1956)

Unit SN-8

Beach within circle with a radius of 250 feet with center at

33 deg.14'40'' N, 119 deg.33'29'' W. (San Nicolas Island USGS 7.5''

Quad 1956)

Unit SN-9

Beginning at 33 deg.16'22'' N, 119 deg.33'11'' W, thence

southwesterly to 33 deg.16'17'' N, 119 deg.33'22'' W, thence

southwesterly to 33 deg.16'13'' N, 119 deg.33'43'' W, thence north

to MLW, thence northeasterly following MLW to a point north of point

of beginning, thence [[Page 11807]] south to point of beginning.

(San Nicolas Island USGS 7.5'' Quad 1956)

Unit SN-10

Beginning at 33 deg.17'01'' N, 119 deg.31'58'' W, thence

southwesterly to 33 deg.16'51'' N, 119 deg.32'08'' W, thence

southwesterly to 33 deg.16'47'' N, 119 deg.32'21'' W, thence north

to MLW, thence northeasterly following MLW to a point west of point

of beginning, thence east to point of beginning. (San Nicolas Island

USGS 7.5'' Quad 1956)

Unit SN-11

Beginning at 33 deg.15'31'' N, 119 deg.27'52'' W, thence

westerly to 33 deg.15'32'' N, 119 deg.28'11'' W, thence westerly to

33 deg.15'46'' N, 119 deg.28'55'' W, thence northwesterly to

33 deg.15'59'' N, 119 deg.29'10'' W, thence southwesterly to

33 deg.15'54'' N, 119 deg.29'34'' W, thence northwesterly to

33 deg.15'58'' N, 119 deg.29'52'' W, thence north to MLW, thence

easterly following MLW to a point north of point of beginning,

thence south to point of beginning. (San Nicolas Island USGS 7.5''

Quad 1956)

Unit SN-12

Beginning at 33 deg.14'25'' N, 119 deg.26'35'' W, thence

northwesterly to 33 deg.14'40'' N, 119 deg.26'49'' W, thence east to

MLW, thence southeasterly following MLW to a point east of point of

beginning, thence west to point of beginning. (San Nicolas Island

USGS 7.5'' Quad 1956)

[GRAPHIC][TIFF OMITTED]TP02MR95.045

CA-17. Malibu Lagoon, Los Angeles County (Index Map 4)

Beginning at 34 deg.01'58'' N, 118 deg.40'53'' W, thence

northwesterly crossing Highway 1, and excluding Highway 1 and the

existing ROW north and south of Highway 1, to 34 deg.02'04'' N,

118 deg.40'56'' W, thence northwesterly to 34 deg.02'13'' N,

118 deg.40'59'' W, thence northeasterly to 34 deg.02'14'' N,

118 deg.40'56'' W, thence southeasterly to 34 deg.02'03'' N,

118 deg.40'47'' W, thence east to 34 deg.02'03'' N, 118 deg.40'44''

W, thence northeasterly to 34 deg.02'12'' N, 118 deg.40'37'' W,

thence south to MLW, thence southerly and westerly following MLW to

a point directly south of the point of beginning, thence north to

the point of beginning. (Malibu Beach USGS 7.5'' Quad 1981)

[GRAPHIC][TIFF OMITTED]TP02MR95.046

CA-18. Mission Beach and Bay, San Diego County (Index Map 4)

Unit 1--Fiesta Island

Beginning at 32 deg.46'07'' N, 117 deg.14'34'' W, thence south

to MLW, thence southerly and northerly following MLW to a point

directly south of 32 deg.45'34'' N, 117 deg.14'50'' W, thence north

to said point, thence northwesterly to 32 deg.45'52'' N,

117 deg.14'58'' W, thence northeasterly to 32 deg.46'16'' N,

117 deg.14'55'' W, thence southeasterly to the point of beginning.

(La Jolla USGS 7.5'' Quad 1975)

Unit 2--Mariner's Basin

Beginning at 32 deg.46'31'' N, 117 deg.13'25'' W, thence

southeasterly to 32 deg.46'30'' N, 117 deg.13'23'' W, thence

southwesterly to 32 deg.46'15'' N, 117 deg.13'34'' W, thence

southeasterly to 32 deg.46'10'' N, 117 deg.13'23'' W, thence south

to MLW, thence westerly and northerly following MLW to a point

directly west of the point of beginning, thence east to the point of

beginning. (La Jolla USGS 7.5'' Quad 1975)

Unit 3--Mission Beach

Beginning at 32 deg.46'26'' N, 117 deg.15'08'' W, thence

southerly to 32 deg.46'02'' N, 117 deg.15'06'' W, thence southerly

to 32 deg.45'43'' N, 117 deg.15'05'' W, thence southeasterly to

32 deg.45'34'' N, 117 deg.14'57'' W, which is on the north jetty to

Mission Bay, thence westerly following the north side of the jetty

to MLW, thence northerly following MLW to a point directly west of

the point of beginning, thence east to the point of beginning. (La

Jolla USGS 7.5'' Quad 1975)

[[Page 11808]]

[GRAPHIC][TIFF OMITTED]TP02MR95.047

CA-19. South San Diego Coast Beaches, San Diego County (Index Map 4)

Unit 1--Silver Strand/Delta Beach

Beginning at 32 deg.40'08'' N, 117 deg.09'54'' W, thence

northeasterly to 32 deg.40'40'' N, 117 deg.09'13'' W, thence east to

MLW, thence southwesterly following MLW to a point directly north of

32 deg.39'27'' N, 117 deg.09'10'' W, thence south to said point,

thence northeasterly to 32 deg.39'30'' N, 117 deg.08'57'' W, thence

southeasterly to 32 deg.39'16'' N, 117 deg.08'48'' W, thence

southwesterly to 32 deg.39'11'' N, 117 deg.09'00'' W, thence

southeasterly following the east side of the San Diego and Arizona

Eastern Railroad tracks to 32 deg.38'34'' N, 117 deg.08'40'' W,

thence northeasterly to 32 deg.38'39'' N, 117 deg.08'36'' W, thence

east to MLW, thence southerly following MLW to a point directly east

of 32 deg.38'12'' N, 117 deg.08'26'' W, thence west to said point,

thence southwesterly to 32 deg.38'11'' N, 117 deg.08'31'' W, thence

southeasterly to 32 deg.37'20'' N, 117 deg.08'10'' W, thence

southeasterly following the west side of Silver Strand Boulevard to

32 deg.36'43'' N, 117 deg.08'02'' W, thence southeasterly to

32 deg.36'32'' N, 117 deg.07'55'' W, thence southerly to

32 deg.35'09'' N, 117 deg.07'51'' W, thence west to MLW, thence

north following MLW to a point directly west of the point of

beginning, thence east to the point of beginning. (Point Loma and

Imperial Beach, Calif.--Baja Calif. Norte USGS 7.5'' Quads 1975)

[GRAPHIC][TIFF OMITTED]TP02MR95.048

Unit 2--Tijuana River Beach

Beginning at 32 deg.34#01## N, 117 deg.07#53## W, thence

southerly following the unimproved road to 32 deg.33#44## N,

117 deg.07#49## W, thence east to the HWL of Oneonta Slough, thence

south following the HWL of said slough to 32 deg.33#26## N,

117 deg.07#40## W, which is at the mouth of Tijuana River, thence

southeasterly crossing said river to 32 deg.32#36## N,

117 deg.07#24## W, thence south to 32 deg.32#04## N, 117 deg.07#24##

W, thence west to MLW, thence northerly following MLW, but excluding

the mouth of Tijuana River, to a point directly west of the point of

beginning, thence east to the point of the beginning. Excludes all

U.S. Fish and Wildlife Service property. (Imperial Beach, Calif.--

Baja Calif. Norte USGS 7.5## Quad 1975)

[[Page 11809]]

[GRAPHIC][TIFF OMITTED]TP02MR95.049

Primary Constituent Elements: Beaches, dunes, and estuaries that

provide habitat, or with rehabilitation, could provide habitat for

nesting, roosting, foraging, and migration.

Dated: February 1, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-4422 Filed 2-24-95; 8:45 am]

BILLING CODE 4310-55-P