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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), 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). Section 7 of the Act requires

Federal agencies to ensure that actions they authorize, fund, or carry

out are not likely to destroy or adversely modify designated critical

habitat. As required by section 4 of the Act, we considered economic

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

and configuration of critical habitat.

EFFECTIVE DATE: This final rule is effective January 6, 2000.

ADDRESSES: The complete administrative record for this rule is on file

at the U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife

Office, 2800 Cottage Way, Room W-2605, Sacramento, California 95825.

The complete file for this rule is available for public inspection, by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Karen J. Miller, Endangered

Species Division Chief, at the above address (telephone 916/414-6600,

facsimile 916/414-6713).

SUPPLEMENTARY INFORMATION:

Background

The western snowy plover, which is 1 of 12 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). The Pacific coast population of the

western snowy plover (Charadrius alexandrinus nivosus) is defined as

those individuals that nest adjacent to tidal waters, and includes all

nesting birds on the mainland coast, peninsulas, offshore islands,

adjacent bays, estuaries, and coastal rivers. For a complete discussion

of the ecology and life history of this subspecies, see our 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

primarily on coastal beaches from southern Washington to southern Baja

California, Mexico. This habitat is unstable because of unconsolidated

soils, high winds, storms, wave action, and colonization by plants.

Sand spits, dune-backed beaches, beaches at creek and river mouths, and

salt pans at lagoons and estuaries are the preferred habitats for

nesting (Wilson 1980; Stenzel et al. 1981). Less common nesting

habitats include bluff-backed beaches, dredged material disposal sites,

salt pond levees, dry salt ponds, and river bars (Wilson 1980; Page and

Stenzel 1981; Powell et al. 1996; Tuttle et al. 1997).

Most breeding occurs from southern San Francisco Bay to southern

Baja California (Page and Stenzel 1981; Palacios et al. 1994). Recent

surveys, status reviews and literature searches have identified 157

current or historical snowy plover breeding or wintering locations on

the U.S. Pacific coast--5 in Washington, 19 in Oregon, and 133 in

California. In Baja, breeding plovers concentrate at coastal wetland

complexes as far south as Bahia Magdalena (Palacios et al. 1994). A

survey of breeding snowy plovers along the Pacific coast of Baja

California in 1991-92 found 1,344 adults, mostly at 4 coastal wetland

complexes: Bahia San Quintin; Laguna Ojo de Liebre and Laguna Guerrero

Negro; Laguna San Ignacio; and Bahia Magdalena (Palacios et al. 1994).

The fledging success of snowy plovers varies greatly by location

and year. Even plovers nesting on neighboring beach segments may

exhibit quite different success in the same year. For example, the

percentage of chicks fledged on different beach segments of Monterey

Bay in 1997 varied from 11 to 59 percent and averaged 24 percent

overall (Page et al. 1997). During the prior 13 years, the percentage

of young fledged on Monterey Bay beaches averaged 39 percent (Page et

al. 1997). From the former Moss Landing salt ponds (now the Moss

Landing Wildlife Area) in Monterey Bay, the fledging rate of chicks

ranged from 13.2 percent to 57.1 percent (mean = 41.4 percent) from

1988 to 1997. In San Diego County, the fledging rate of chicks ranged

from 32.6 to 51.4 percent (mean = 41 percent) from 1994 through 1998

(Powell et al. 1997). In Oregon, annual fledging success for 1992 to

1997 for all coastal sites combined ranged from 30 to 48 percent, with

an annual mean of 38 percent (M. Stern, Oregon Natural Heritage

Program, unpubl. data). Like California, in Oregon, considerable

variation occurs among sites within years. For example, in 1997, the

fledging rate ranged from a low of 14 percent at Sutton to a high of 66

percent at South Tenmile. Variation also occurs at individual sites

among years. For example, at the Coos Bay North Spit, one of the larger

nesting areas in coastal Oregon, annual fledging rates for 1993 to 1997

ranged from 32 to 63 percent, with a mean of 46 percent.

In western North America, both the interior and Pacific coast

populations winter mainly in coastal areas from southern Washington to

Central America (Page et al. 1995a). A small number winter at two

locations on the Washington coast, the northernmost being Midway Beach

in Pacific County (S. Richardson, Washington Department of Fish and

Wildlife, pers. comm. 1998). Fewer than 100 plovers winter at 9

locations on the Oregon coast, probably as many as 2,500 along the

mainland California coast, and hundreds more in each of San Francisco

Bay and the Channel Islands (Page et al. 1986). The majority of

wintering plovers on the California coast are found from Bodega Bay,

Sonoma County, southward (Page et al. 1986). Because of their

similarity of appearance, wintering individuals from the interior and

Pacific coast populations are virtually indistinguishable.

Nesting birds from the Oregon coast have wintered as far south as

Monterey Bay on the central coast of California. Birds from Monterey

Bay have wintered north to Bandon, Oregon, and south to Guerrero Negro,

Baja California (Page et al. 1995a). Birds from San Diego in southern

California have wintered north to Vandenberg Air Force Base in Santa

Barbara County and south to Scammon's Lagoon, Baja California (Powell

et al. 1995, 1996, 1997).

In winter, plovers are found on many of the beaches used for

nesting but also on beaches not used for nesting. They also visit

manmade salt ponds and estuarine sand and mud flats. In California, the

majority of wintering plovers concentrate on sand spits and dune-backed

beaches. Some also occur on urban and bluff-backed beaches, which are

rarely used for nesting (Page et al. 1986). Pocket beaches at the

mouths of creeks and rivers on otherwise rocky shorelines are also used

[[Page 68509]]

by wintering plovers. In Washington, the main wintering location is

Leadbetter Point, Willapa Bay (Washington Department of Fish and

Wildlife 1995).

The breeding season for western snowy plovers extends from early

March to late September, with birds at more southerly locations

beginning to nest earlier in the season than birds at more northerly

locations. Activities that define the nesting season are courtship,

copulation, nest scraping, egg laying, incubation, and rearing of the

young to the fledgling stage. The wintering season generally extends

roughly from October to February but often overlaps the nesting season

with birds arriving on wintering areas as early as midsummer.

Previous Federal Actions

On March 24, 1988, we received a petition from Dr. J.P. Myer 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, we published a 90-day petition finding (53 FR 45788) that

substantial information had been presented indicating the requested

action might be warranted. At that time we 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 our 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 two candidate. Category two encompassed species for which

information in our possession indicated that proposing to list as

endangered or threatened was possibly appropriate, but for which

conclusive data on biological vulnerability and threat were not

currently available to support proposed rules.

We closed the public comment period on the petition on July 11,

1989 (54 FR 26811, June 26, 1989). In September 1989, we 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, we 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), we 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 data

available and all comments received in response to the proposed rule,

we 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 initiated the protections applicable to listed species. We

did not propose to designate critical habitat for the snowy plover

within the proposed or final listing rulemaking because we found that

critical habitat was not then determinable.

On November 30, 1994, the Environmental Defense Center filed a

lawsuit in Federal District Court against the Secretary of the Interior

(Secretary) for failure to designate critical habitat for the coastal

population of the western snowy plover (Environmental Defense Center v.

Babbitt, Case No. CV 94-5561 ER (SHX) (C.D. Cal.)).

On March 2, 1995, (60 FR 11768) we proposed designating 28 areas

along the coast of California, Oregon, and Washington as critical

habitat. We requested public comments concerning the proposed rule. On

April 10, 1995, Congress enacted a funding recission and a moratorium

prohibiting work on final listing actions and critical habitat

designations (Public Law 104-6). Therefore, all work on the designation

of critical habitat for the western snowy plover stopped. The

moratorium was lifted on April 26, 1996, when President Clinton

approved the Omnibus Budget Reconciliation Act of 1996 and exercised

the authority that the Act gave him to waive the moratorium. When the

moratorium was lifted and funds were appropriated for the

administration of the listing program, the Service faced the

considerable task of allocating the available resources to the

significant backlog of listing activities. We received a limited

appropriation of listing funds for the remainder of fiscal year 1996,

and on May 16, 1996, we published guidance to restart the listing

program by assigning relative priorities to listing actions conducted

under section 4 of the Act (61 FR 24722). Critical habitat

determinations were the lowest tier (Tier 5) of our listing priorities.

On December 19, 1995, the Court stayed action in the case,

Environmental Defense Center v. Babbitt (Case No. CV 94-5561 ER[SHX]),

because of the listing moratorium. After the funding moratorium was

lifted, the Court again stayed action in the case in light of a related

case certified for appeal to the Ninth Circuit. On November 10, 1998,

Edward Rafeedie, Senior U.S. District Judge denied a further stay and

issued an order requiring the Secretary of the Interior to publish a

final designation of critical habitat for the coastal population of the

western snowy plover before December 1, 1999.

Due to the court order, processing this final rule designating

critical habitat for the coastal population of the western snowy plover

did not conform with our Listing Priority Guidance for Fiscal Year 1998

and 1999 published on May 8, 1998 (63 FR 25502). That guidance

clarified the order in which we will process listing actions, giving

highest priority to processing emergency rules to list species as

endangered; second priority to processing final determinations on

proposals to add species to the lists, processing new listing

proposals, processing administrative findings on petitions, and

processing a limited number of proposed and final rules to delist or

reclassify species; and third priority to processing proposed and final

rules designating critical habitat. Work began on this rule under this

guidance and on October 22, 1999 (64 FR 57114), we published new

Listing Priority Guidance for fiscal year 2000. The new guidance does

not change the way in which we processed this rule.

Critical Habitat

Critical habitat is defined in section 3 of the Act as--(i) the

specific areas within the geographic area occupied by a species, at the

time it is listed in accordance with the Act, on which are found those

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

the species and (II) that may require special management consideration

or protection and; (ii) specific areas outside the geographic area

occupied by a species at the time it is listed, upon determination that

such areas are essential for the conservation of the species.

``Conservation'' means the use of all methods and procedures that are

necessary to bring an endangered species or a threatened species to the

point at which listing under the Act is no longer necessary.

Section 4(b)(2) of the Act requires that we base critical habitat

proposals upon the best scientific and commercial data available, after

taking into consideration the economic impact, and any other relevant

impact, of specifying any particular area as critical habitat. We may

exclude areas from critical habitat designation when the benefits of

exclusion outweigh the benefits of including the areas within critical

[[Page 68510]]

habitat, provided the exclusion will not result in the extinction of

the species.

Designating critical habitat does not, in itself, lead to recovery

of a listed species, but is one of several tools that can be used to

achieve recovery. Designation of critical habitat can help focus

conservation activities for a listed species by identifying areas that

contain the physical and biological features that are essential for the

conservation of that species. Designation of critical habitat alerts

the public as well as land-managing agencies to the importance of these

areas.

Designating critical habitat also identifies areas that may require

special management considerations or protection and may provide

protection to areas where significant threats to the species have been

identified. Areas designated as critical habitat receive protection

from the prohibition against destruction or adverse modification

through required consultation under section 7 of the Act with regard to

actions carried out, funded, or authorized by a Federal agency.

Consultation under section 7 does not apply to activities on private or

other non-Federal lands that do not involve a Federal action. Aside

from the protection that may be provided under section 7, the Act does

not provide other forms of protection to lands designated as critical

habitat.

Section 7(a)(2) of the Act requires Federal agencies to consult

with us to ensure that any action authorized, funded, or carried out is

not likely to jeopardize the continued existence of a threatened or

endangered species, or result in the destruction or adverse

modification of critical habitat. ``Jeopardize the continued

existence'' (of a species) is defined as engaging in action that would

result in an appreciable reduction in the likelihood of survival and

recovery of a listed species. ``Destruction or adverse modification''

(of critical habitat) is defined as a direct or indirect alteration

that appreciably diminishes the value of critical habitat for the

survival and recovery of the listed species for which critical habitat

was designated. Thus, the definitions of ``jeopardy'' to the species

and ``adverse modification'' of critical habitat both focus on

increasing the risk that a listed species will not survive or recover

(50 CFR 402.02).

Designation of critical habitat does not create a management plan,

establish numerical population goals, prescribe specific management

actions (inside or outside of critical habitat), or directly affect

areas not designated as critical habitat. Specific management

recommendations for critical habitat are most appropriately addressed

in recovery plans and management plans, and through section 7

consultations and section 10 Habitat Conservation Plans.

Areas outside of designated critical habitat also may have an

important role in conservation of a listed species. We may reevaluate

and revise a designation of critical habitat at any time that new

information indicates changes are warranted. In considering whether to

designate additional critical habitat areas in the future, we evaluate

whether area management plans have been in operation and the extent to

which the conservation measures of these plans and the recovery plan

have been implemented and proven successful.

Relationship to Recovery

The ultimate purpose of listing a species as threatened or

endangered under the Act is to recover the species to the point at

which it no longer needs to be listed. The Act mandates the

conservation of listed species through different mechanisms. Section

4(f) of the Act authorizes us to develop recovery plans for listed

species. A recovery plan includes (i) a description of such site-

specific management actions as may be necessary to achieve the plan's

goal for the conservation and survival of the species, (ii) objective,

measurable criteria that, when met, would result in a determination

that the species be removed from the list, and (iii) estimates of the

time required and cost to carry out those measures needed to achieve

the plan's goal.

In 1996, we began the recovery planning process for the snowy

plover by forming a team of species experts and others involved with

the plover. The Western Snowy Plover Recovery Team includes 23 members,

including 7 technical experts and 16 stakeholders (representatives of

landowner, management, and recreational interests from the Federal,

State, local, and private sectors). Team members represent geographic

areas from Grays Harbor, Washington, to San Diego, California. Since

the team's first meeting in December 1996, it has been assisting in the

development of our recovery plan. The draft plan will include

measurable criteria (e.g., target numbers of snowy plovers) that, when

met, would allow the plover's removal from the Federal list of

endangered and threatened species. The draft plan also will include all

actions necessary for the plover's recovery, including habitat

protection, restoration, enhancement, and management; public outreach

and education; research; and monitoring. In July 1997, we sent a letter

to approximately 1,200 landowners and other interested parties to

obtain input on what information the public would like to see in the

recovery plan. We anticipate that the draft recovery plan will be

available for public review and comment in spring 2000. When it becomes

available, we will publish a notice in the Federal Register.

Primary Constituent Elements

In accordance with section 3(5)(A)(i) of the Act and regulations at

50 CFR 424.12, in determining which areas to propose as critical

habitat, we consider those physical and biological features that are

essential to the conservation of the species and that may require

special management considerations or protection. These include, but are

not limited to, the following:

Space for individual and population growth, and for normal

behavior;

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

physiological requirements;

Cover or shelter;

Sites for breeding, reproduction, rearing of offspring,

germination, or seed dispersal; and

Habitats that are protected from disturbance or are representative

of the historic geographical and ecological distributions of a species.

The primary constituent elements for the western snowy plover are

those habitat components that are essential for the primary biological

needs of foraging, nesting, rearing of young, roosting, and dispersal,

or the capacity to develop those habitat components. The primary

constituent elements are found in areas that support or have the

potential to support 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 (beach area immediately in

front of a sand dune), interdunal flats (flat land between dunes),

spits, washover areas, blowouts (a hole or cut in a dune caused by

storm action), intertidal flats (flat land between low and high tides),

salt flats, flat rocky outcrops, and gravel bars. 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).

Methods

In developing the proposed rule in 1995, we considered (1) existing

nesting capacity, (2) wintering capacity, (3) geographic location, and

(4) the need for special management considerations to

[[Page 68511]]

determine those sites to propose as critical habitat. We selected areas

if they supported 4 nesting pairs or 10 wintering plovers. From this

process, we identified 28 critical habitat areas totaling approximately

8,097 hectares (20,000 acres) and about 338.1 kilometers (km) (210

miles (mi)) of coastline, or about 10 percent of the coastline of

California, Oregon, and Washington. Of the 28 areas, 19 critical

habitat areas were proposed in California, 7 in Oregon, and 2 in

Washington. Within the last decade, these sites provided habitat for

about 53 percent of nesting and 57 percent of wintering western snowy

plovers in California; 97 percent of nesting and 98 percent of

wintering plovers in Oregon; and 86 percent of nesting and 78 percent

of wintering plovers in Washington. The percentages for California are

lower than for Oregon and Washington due to the number of areas in

California that were not proposed because of existing protections, or

because of conflicts with other listed species' needs.

In the March 2, 1995, proposed rule, we did not propose as critical

habitat various habitat areas where adequate protection for the western

snowy plover is already provided. These areas included lands managed

for plover nesting and wintering habitat within three National Wildlife

Refuge complexes--Willapa National Wildlife Refuge in Washington,

Salinas National Wildlife Refuge, the Southern California Coastal

Complex in California, and lands owned and/or managed by the National

Park Service in California. We did not propose nesting areas on the

U.S. Marine Corps' Camp Pendleton in San Diego County, California,

because we had nearly completed a consultation under section 7 with the

Marine Corps (Department of the Navy) to protect nesting plovers on

military land. We completed formal consultation on October 30, 1995

(see Issue (3f) for further information).

We also did not propose sites where a critical habitat designation

would conflict with the survival and recovery objectives of other

listed species. We identified conflicts between the habitat needs of

snowy plovers and biological objectives for the California clapper rail

(Rallus longirostris obsoletus) and salt marsh harvest mouse

(Reithrodontomys raviventris) in San Francisco Bay and light-footed

clapper rail (Rallus longirostris levipes) in southern California. The

two rails and the mouse are federally listed endangered species whose

survival and recovery is contingent, in part, on the restoration of

diked salt ponds and diked lagoons to tidal salt marsh. We knew these

diked habitats also supported some breeding, feeding and sheltering

habitat for snowy plovers in San Francisco Bay and southern California.

We proposed that recovery for the coastal population of the western

snowy plover should, in most cases, focus on coastal beaches and not

include artificial habitats created by manmade lagoons or salt ponds.

During the recovery planning process that began in 1996, the

recovery team provided additional information indicating that other

areas on the Pacific coast support larger populations of nesting and/or

wintering birds than was known at the time the proposed rule was

published. The recovery team also concluded that maintenance of nesting

populations of western snowy plovers in manmade habitats, particularly

the salt ponds of San Francisco Bay, is integral to recovery of the

coastal population. We will soon publish a draft recovery plan for the

coastal population of the western snowy plover and request public

comment. The draft recovery plan may recommend the maintenance and

management of some diked habitats for the recovery of the snowy plover.

We will continue to review available survey data and analyze all public

comments on the draft recovery plan to determine if additional sites

should be considered for critical habitat designation. Once the

recovery plan is finalized, we will propose new critical habitat areas,

if appropriate.

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 likely 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 critical habitat

boundaries 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 affect critical habitat are subject

to consultation under section 7(a)(2) of the Act if they are carried

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

consultations between us and 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. The areas designated as critical habitat

are all at some time during the year, occupied by snowy plovers. Since

the habitat is occupied, Federal agencies are already required to

consult with us due to the listing of the species. Regulations

implementing this interagency cooperation provision of the Act are

codified at 50 CFR part 402.

Activities that could adversely affect critical habitat of the

coastal population of the western snowy plover fall into seven general

categories and include, but are not limited to:

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

increase human-associated disturbance on beaches, including operation

of off-road vehicles (ORVs) on the beach and beach cleaning. These

activities may reduce the functional suitability of nesting, foraging,

and roosting areas. Activities within posted, fenced, or otherwise

protected nesting areas that may adversely modify critical habitat

areas include camping, ORV use (day or night), walking, jogging, clam

digging, livestock grazing, sunbathing, picnicking, horseback riding,

hang gliding, kite flying, and beach cleaning. The extent to which such

activities may need to be restricted will vary on a site-by-site basis

based on factors such as configuration of nesting habitat, intensity of

recreational activity, compliance with nesting area closures and

recreational restrictions, and the types of recreational activities

normally occurring on the beach. We will work with land managers to

protect critical habitat areas. On a case-by-case basis, restrictions

could be removed after the plovers have finished breeding. Activities

that may adversely modify critical habitat areas that support wintering

birds include beach cleaning that removes surfcast kelp and driftwood,

and ORVs driven at night.

(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

[[Page 68512]]

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 nonnative

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 (rocks placed on the land to prevent

erosion), 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.

We will 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 (Ammophila arenaria). We

will 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, sand transport, and dune processes.

Activities that may adversely modify or destroy nesting, foraging, and

roosting habitat include, but are not limited to, beach nourishment

(sand deposition, spreading of sand with machinery); construction of

breakwaters and jetties (interruption of sand deposition); sand and

gravel mining; dune stabilization using native and nonnative 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 (a debris line) feeding habitat).

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

benefit nesting or wintering plover habitat on some sites experiencing

serious erosion. We will 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 us on one or

more of these activities include, but are not limited to, the National

Park Service, U.S. Forest Service (FS), Bureau of Land Management

(BLM), Environmental Protection Agency, Federal Highway Administration,

Federal Aviation Administration, Federal Emergency Management Agency,

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. Except for the rails and

mouse, 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. Federal

agencies proposing management actions for other listed species may

affect critical habitat for the western snowy plover and would,

therefore, 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. We will work

with other Federal agencies to develop ecosystem plans that provide for

the needs of all listed species.

When we issue a biological opinion concluding that a project is

likely to result in the destruction or adverse modification of critical

habitat, we also provide 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.

Summary of Comments and Recommendations

In the March 2, 1995, proposed rule, we requested all interested

parties to submit comments and suggestions relative to the proposed

designation of critical habitat for the Pacific Coast population of the

western snowy plover (60 FR 11769). We published a notice of

availability and request for comments on the draft economic analysis on

May 5, 1995 (60 FR 22404). Subsequently, we extended the comment

periods for the proposed designation of critical habitat and the draft

economic analysis to June 30, 1995 (60 FR 25882). We entered the

comments received from March 2 through June 30, 1995, into the

administrative record.

We contacted all appropriate State and Federal agencies, county

governments, scientific organizations, and other interested parties and

invited them to comment. We published legal notices inviting public

comment in the following newspapers in California: The San Francisco

Chronicle, Monterey, and Eureka newspapers; in Oregon: The World, The

Register-Guard, Siuslaw News, Curry County Reporter, The News Review,

The Headlight Herald, and The Oregonian; and in Washington: the

Aberdeen and Long Beach newspapers. In addition, we issued the

following news releases: (1) A February 24, 1995, news release

announcing the proposed designation of critical habitat and soliciting

public review and comment; (2) a May 5, 1995, news release announcing

the availability of the draft economic analysis to the public for

review and comment; and (3) a May 17, 1995, news release announcing

public hearings and the extension of the comment period.

We held three public hearings on the proposed rule: At Florence,

Oregon (June 7, 1995), Monterey, California (June 13, 1995), and

Eureka, California (June 15, 1995). We published a notice of hearings

and locations in the Federal Register on May 15, 1995 (60 FR 25882). A

total of 976 people attended the public hearings, including 30 in

Florence, 21 in Monterey, and 925 in Eureka. Transcripts of these

hearings are available for inspection at the Sacramento Fish and

Wildlife Office (see ADDRESSES section of this final rule).

We received a total of 89 oral and 456 written comments during the

comment period. Of those oral comments, 13 supported critical habitat

designation, 54 were opposed to designation, and 22 provided additional

information but did

[[Page 68513]]

not support or oppose the proposal. Of the written comments, 35

supported designation, 409 were opposed to it, and 12 provided

additional information only, or were nonsubstantive or not relevant to

the proposed designation. In total, we received oral and written

comments from 6 Federal agencies, 7 State agencies, 14 local

governments, 1 Native American individual, and 426 private

organizations, companies, or individuals. In addition to these

comments, we received a petition against the designation of critical

habitat with 216 signatures.

We reviewed all comments received for substantive issues and new

data regarding critical habitat and the snowy plover. We grouped

comments of a similar nature into five issues relating specifically to

critical habitat and addressed them in the following summary.

Issue 1: Biological and Physical Concerns and Access

(1a) Comment: Several commenters questioned the scientific basis

for designating a specific beach or group of beaches as critical

habitat and recommended excluding areas not supporting breeding or

breeding habitat. One commenter stated the scientific evidence

supporting designation lacked independent corroboration.

Our Response: Under the Act, we are required to use the best

scientific and commercial data available in determining which areas

provide the physical and biological attributes essential to the

conservation of the species. The data we used were obtained by several

independent researchers. In selecting appropriate areas, we identified

important components related to recovery, including existing nesting

capacity, wintering capacity, geographic location, and management

needs. We determined that some areas were important to the conservation

of the plover solely because of their significant use by wintering or

nonbreeding plovers. We selected areas for designation, in part, if

they supported at least 4 nesting pairs or 10 wintering individuals,

and required special management considerations.

(1b) Comment: Many commenters believed there was a disproportionate

number of critical habitat areas designated in northern California,

Oregon, and Washington, and too few areas in southern California. They

cited information in the proposed rule that the greatest number of

snowy plovers and the apparent center of its range occur in southern

California. They believed there should be more designated critical

habitat areas in southern California.

Our Response: We reviewed plover usage of protected lands from

Monterey County south to the Mexican border. Areas providing essential

habitat for the plover include designated critical habitat, as well as

Service and National Park Service lands which protect snowy plovers but

are not designated, and Federal lands for which a protective management

plan and section 7 consultation has been completed. We estimate that

these lands encompass 91 percent and 85 percent of the known nesting

and wintering birds, respectively, within these counties. These

estimates are comparable to those cited in the ``Methods'' section of

this final rule for Oregon (97 percent and 98 percent) and Washington

(86 percent and 78 percent). Therefore, we believe that there are an

adequate number of areas designated in the southern portion of the

plover's range, and that areas are adequately distributed throughout

the range of the plover.

(1c) Comment: One commenter noted that in the proposed rule the

wintering season was defined as occurring from September 15 through

February 29, but that wintering or nonbreeding individuals occur in

some wintering habitats nearly year round.

Our Response: We clarified the definition of wintering in the final

rule. Both nesting and wintering areas may support nonbreeding plovers

year round. Similarly, activities that could adversely modify critical

habitat that support wintering birds could apply year round. Landowners

may refine the time periods when plovers are present by coordinating

with us to develop survey protocols appropriate for their area.

(1d) Comment: Some commenters questioned why we did not identify

removal of European beachgrass as a required or proposed management

action in the proposed rule, considering our statement that European

beachgrass encroachment is the most important form of habitat loss

affecting the plover.

Our Response: Creating management plans or prescribing specific

management recommendations is not the purpose of critical habitat

designation. Management needs of specific sites should be addressed in

recovery plans, management plans, Habitat Conservation Plans, and

section 7 consultations. As described elsewhere in this rule, we

anticipate completing a draft recovery plan for the snowy plover by

spring 2000. The draft recovery plan will provide recommendations and

methods for control of European beachgrass.

(1e) Comment: Many commenters believed that we placed an inordinate

amount of emphasis on the effects of ORVs on plovers and suggested that

we more fairly emphasize the relative contribution other factors played

in the plover's decline.

Our Response: In the proposed rule and here in the final rule, we

list activities that could adversely modify critical habitat without

placing specific emphasis on the relative contribution of any one

activity. The specific threats are likely unique to each area and are

best addressed in recovery plans, management plans, and section 7

consultations.

(1f) Comment: Many commenters were concerned about how designation

of critical habitat would affect beach access for recreation, beach

fishing, collection of driftwood, Native American ceremonial sites,

commercial purposes, access to lighthouses, and for other recreational

activities. Many commenters were opposed to closure of their beaches to

these activities.

Our Response: Designation of critical habitat does not prescribe

specific management actions, but does identify areas that are in need

of special management. We anticipate that many activities presently

occurring on critical habitat areas can be managed to be compatible

with the plover's needs. Likely access restrictions may include partial

beach closures during the plover's breeding season and restrictions on

the types of activities that may occur in important snowy plover

habitats. Even where partial beach closures may apply, in some

instances the wave slope of closed areas may be available for

activities that do not conflict with the snowy plover's needs.

Furthermore, most activities occurring on those beaches selected only

for their importance as wintering habitat are compatible with the

plover's needs. Management needs at various beaches are specific to

those locations and will be addressed in recovery plans, management

plans, Habitat Conservation Plans, and through section 7 consultation.

(1g) Comment: Several commenters recommended that certain portions

of proposed critical habitat areas containing features such as rocky

shorelines, roads, or jetties should not be considered critical

habitat.

Our Response: Even though roads or other improved structures may

occur within the boundaries of critical habitat, they may not provide

the identified constituent elements. This lack of constituent elements

will be taken into consideration in consultations under section 7 of

the Act.

[[Page 68514]]

Issue 2: General Selection of Designated Critical Habitat Areas

(2a) Comment: Many commenters recommended additional sites that

should be designated as critical habitat. Several commenters

recommended that other sites should be expanded to encompass all of the

snowy plover's habitat. Several commenters suggested that the number of

sites selected was not sufficient to recover the snowy plover.

Our Response: The Act (section 3(5)(C)) indicates that not all

areas capable of being occupied by the species should be designated as

critical habitat unless we determine that such designation is essential

to the species' conservation. In determining what areas are critical

habitat, we considered areas and constituent elements that are

essential to the conservation of the species and that may require

special protection or management considerations (50 CFR 424.12(b)).

Thus, not all areas occupied or potentially occupied by a species

warrant designation. Our rationale for not designating all occupied

snowy plover sites as critical habitat is discussed in the ``Methods''

section of this final rule.

A draft recovery plan for the coastal population of the western

snowy plover is expected to be completed and available for public

comment by spring 2000. After the public comment period on the draft

recovery plan has closed and we have gathered all relevant information,

we will consider the need to propose additional areas as critical

habitat, if appropriate.

(2b) Comment: Some commenters believed States or State lands have

adequate conservation programs for the snowy plover and recommended

excluding these lands from critical habitat designation.

Our Response: Future management practices of State trust lands are

uncertain in areas we have determined essential to the conservation of

the western snowy plover and may in some instances not be compatible

with conservation efforts. Therefore, we believe that designation of

critical habitat is warranted to emphasize the importance of these

lands to recovery of the plover and promote development of management

plans for the species.

(2c) Comment: Several commenters suggested that exclusion of areas,

such as coastal lagoons, San Francisco Bay salt ponds, and the south

San Diego Bay salt works, because of potential or perceived conflicts

with other endangered species' recovery objectives would result in a

designation of critical habitat inadequate for conservation of the

snowy plover. Commenters believed areas excluded because of conflicts

can support habitat for plovers as well as endangered rails, mice, and

least terns. One commenter stated many of the actions recommended in

the unpublished update of the light-footed clapper rail recovery plan

would also benefit snowy plovers.

Our Response: We agree that it may be possible to accommodate the

recovery needs of the endangered rails and mouse and the plover at each

site where their recovery needs conflict. However, it would not be

prudent to designate plover critical habitat at specific sites where

conflicts exist without the intensive analysis provided in the recovery

planning process and subsequent site-specific restoration information.

Many site constraints are not identified until the restoration planning

phase. Designation of critical habitat in these areas will not ensure

recovery of the plover. Recovery will be achieved by implementing

actions recommended in the plover recovery plan in concert with actions

recommended in revised recovery plans for the rails, mouse, and least

tern.

(2d) Comment: Several commenters recommended excluding from

designation as critical habitat areas where there were plans being

formulated to construct urban improvements on or in proximity to

proposed critical habitat.

Our Response: The Act (section 4(b)(2)) states that critical

habitat shall be designated 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. We designated as critical habitat only those areas

supporting the constituent elements and features essential to the

plover's conservation. We did not exclude any areas because of

speculative or proposed developments. We are available to work with

project proponents to develop project alternatives that will avoid and

minimize adverse effects to plovers and not result in destruction or

adverse modification of critical habitat.

Issue 3: Comments on Selection of Specific Sites

(3a) Comment: Many commenters recommended not designating as

critical habitat the FS's Oregon Dunes National Recreation Area (ODNRA)

because the completed Oregon Dunes Management Plan included measures

benefitting the snowy plover. If critical habitat was designated for

ODNRA, one commenter recommended it be consistent with the completed

management plan.

Our Response: We have not completed formal section 7 consultation

with the FS on the Oregon Dunes Management Plan. We have completed

formal section 7 consultation for a specific habitat restoration

project within the FS's ODNRA; however, the consultation covered only a

small portion of the snowy plover habitat administered by the FS's

ODNRA and did not address proposed critical habitat. Therefore, we did

not have an adequate basis to exclude this area from critical habitat

designation.

(3b) Comment: Two commenters noted that some private landowners

have vested property rights to placer mine sand on their property, so

these areas should be excluded from critical habitat designation.

Our Response: The designation of critical habitat has no effect on

non-Federal actions taken on private land, even if the private land is

within the mapped boundary of designated critical habitat. Critical

habitat has possible effects on activities by private landowners only

if the activity involves Federal funding, a Federal permit, or other

Federal action. If such a Federal nexus exists, we will work with the

landowner and the appropriate Federal agency to develop a project that

can be completed without jeopardizing the species or destroying or

adversely modifying critical habitat.

(3c) Comment: The Oregon Department of Fish and Wildlife

recommended deleting from critical habitat the northern portion of OR-3

to the South Jetty Road due to the lack of breeding, rare occurrence of

foraging use, narrow beach, and high human use, including off-highway

vehicle use.

Our Response: Based upon the above verified information, we

modified the boundary of OR-3. Please see the ``Summary of Changes From

the Proposed Rule'' section of this final rule for additional

information.

(3d) Comment: The Oregon Department of Fish and Wildlife and

several other commenters stated critical habitat area OR-6, Unit 2,

should be excluded from designation because it is not suitable habitat.

Although this area is fenced off from access, no plovers have been seen

there in 5 years, it borders areas with high human use, is heavily

vegetated, and is not physically connected to any other snowy plover

habitat. Any future plover nesting at this site would probably have low

nesting success, fledging success, and chick survival.

Our Response: Based upon this verified information, we deleted from

critical habitat the area identified in the proposed rule as OR-6, Unit

2. Please

[[Page 68515]]

see the ``Summary of Changes From the Proposed Rule'' section of this

rule for additional information.

(3e) Comment: One commenter stated that critical habitat area OR-6,

Unit 3, which appears to include or abut a portion of Bastendorff Beach

County Park, should be excluded from designation because it receives

intense levels of human activity and is therefore unsuitable as

habitat.

Our Response: We selected critical habitat area OR-6, Unit 3,

because it has a history of plover use, supports the primary

constituent elements, is in proximity to occupied habitat in OR-6, Unit

1, and requires special management considerations. With appropriate

management of public access, this unit could support nesting plovers.

Because of its proximity to other occupied nesting areas, we believe

this unit will contribute to conservation of the plover.

(3f) Comment: The Navy noted that they implement conservation

programs for the plover on several Navy-owned lands. The Navy's

management programs for the plover are commensurate with programs at

the Marine Corps base, Camp Pendleton, which merited exclusion from

critical habitat designation. The Navy's proactive management efforts

and the isolation and inaccessibility of their lands eliminates the

need for the special protection afforded by designation of critical

habitat.

Our Response: We designated critical habitat for areas determined

to be essential to conservation of the plover and in need of special

management considerations. We completed formal consultation on the

plover conservation activities at Camp Pendleton on October 30, 1995.

The Navy (Marine Corps) is providing long-term monitoring and

management for plovers at this area. Thus, this site was excluded from

designation. Although the Navy implements conservation measures for the

plover elsewhere, it has not initiated or completed formal section 7

consultation on its management and, thus, did not merit exclusion from

critical habitat. Regarding Camp Pendleton, we are periodically

reviewing implementation of management measures identified in the

consultation. If the special conservation activities for the plover at

Camp Pendleton are not successfully implemented or fail to address the

plover's needs, we may reconsider designation of critical habitat for

Camp Pendleton.

(3g) Comment: Several commenters stated Stone Lagoon (CA-1, Unit 1)

should not be designated critical habitat because it has no nesting

records and little winter habitat use. Other areas in Humboldt County

are more significant to the snowy plover and should be designated

critical habitat.

Our Response: We selected Stone Lagoon because of its importance as

wintering habitat for the plover in northern California and because

this area requires special management. We have received new information

during the recovery planning process indicating that additional sites

in Humboldt County may warrant designation as critical habitat. At the

conclusion of the recovery planning process we will reconsider the need

to designate as critical habitat additional sites in Humboldt County.

(3h) Comment: One commenter stated the designation for CA-15, Unit

2 is incorrect. Because no suitable habitat for the snowy plover exists

within the Oxnard Shores area south of 5th Street, the area south of

5th Street should be eliminated from designation.

Our Response: This unit was selected because of verified survey

data showing significant use by wintering plovers. The beach south of

5th Street in Oxnard supports the primary constituent elements

necessary for the plover's conservation and was therefore included

within the boundaries of critical habitat designation.

Issue 4: Legal and Procedural Comments

(4a) Comment: Several commenters stated that critical habitat

should not be designated until a recovery plan is completed.

Our Response: Although having a recovery plan in place is extremely

helpful in identifying areas as critical habitat, the Act does not

require a plan to be prepared prior to such designation. Section 4 of

the Act normally requires that critical habitat be designated at the

time a species is listed, or within 1 year if not determinable at

listing. Once a recovery plan is completed, we may revise the critical

habitat described in this final rule, if appropriate, to reflect the

goals and recovery strategy of the recovery plan.

(4b) Comment: One commenter stated that designation of critical

habitat for the plover can reasonably be expected to have significant

adverse effects on other threatened and even endangered species (e.g.,

the Smith's blue butterfly (Euphilotes enoptes smithi)) because of

their overlapping ranges and diametrically opposite habitat

requirements.

Our Response: We did not designate critical habitat for areas where

we anticipated significant management conflicts between listed species,

such as exists between the snowy plover and the rails and mouse,

described elsewhere in this rule. We do not anticipate significant

conflicts where species like the Smith's blue butterfly and western

snowy plover utilize different habitat types within the coastal dune

ecosystem. A major purpose of the Act (section 2 (b)) is to conserve

the ecosystems upon which threatened and endangered species depend.

Therefore, critical habitat areas should be managed, to the extent

feasible, as natural systems supporting a diversity of habitat types.

Coastal dune systems are naturally dynamic, and we anticipate that the

juxtaposition and relative abundance of habitat types will vary with

time. These considerations are incorporated into recovery plans.

Designation of critical habitat will not result in adverse effects to

other sensitive species using these areas because critical habitat does

not mandate specific management actions. As explained above, specific

management actions are best addressed in recovery plans, management

plans, or Habitat Conservation Plans, or through section 7

consultation.

(4c) Comment: Several commenters stated the designation of critical

habitat constitutes a major Federal action significantly affecting the

quality of the human environment. An environmental impact statement

(EIS) should be prepared.

Our Response: We have determined that we do not need to prepare

Environmental Assessments (EAs) and EISs, as defined under the

authority of the National Environmental Policy Act of 1969 (NEPA), in

connection with regulations adopted pursuant to section 4(a) of the

Act. The Ninth Circuit Court determined that NEPA does not apply to our

decision to designate critical habitat for an endangered or threatened

species under the Act because (1) Congress intended that the critical

habitat procedures of the Act displace the NEPA requirements, (2) NEPA

does not apply to actions that do not change the physical environment,

and (3) to apply NEPA to the Act would further the purposes of neither

statute, Douglas County v. Babbitt, 48 F.3d 1495, 1507-0 (9th Cir.

1995).

(4d) Comment: One commenter stated that designation of critical

habitat will conflict with coastal uses identified in the California

Coastal Management Program, authorized through the Coastal Zone

Management Act of 1972, as amended.

Our Response: In many respects, the Coastal California Management

Program is compatible with the management needs of the plover and its

critical

[[Page 68516]]

habitat. We will work with individual landowners affected by the

designation to develop plans that avoid destruction or adverse

modification of critical habitat.

(4e) Comment: Several: commenters stated that there was

insufficient prior notification announcing public hearings and thus

they were unable to obtain materials prior to the public hearings.

Our Response: We attempted to notify all affected and interested

parties regarding the proposed designation. As noted in the

introduction to this section, we published notices in the Federal

Register announcing the proposed designation of critical habitat, the

availability of the draft economic analysis, dates and locations of

public hearings, and an extension of the comment period. We also

published legal notices in numerous regional and local newspapers in

California, Oregon, and Washington and sent letters to applicable

Federal, State, local, and private parties potentially affected by the

designation. In addition to these legal requirements, we issued press

releases to newspapers in California, Oregon, and Washington in a

further effort to reach all interested parties. Although receipt of

advance notice for public hearings may have varied, we made every

effort to provide an opportunity for interested individuals to provide

comment. Pertinent documents were provided at the public hearings, and

individuals attending these hearings had an opportunity to provide

written comments. We gave equal weight to oral and written comments on

the proposed designation.

(4f) Comment: A few commenters noted that Service and National Park

Service lands provide important habitat for snowy plovers and stated

that it is not legal to exclude these lands from critical habitat

designation.

Our Response: In selecting critical habitat areas, we considered

not only the habitat characteristics of each area, but also whether the

area was in need of further management or protection (50 CFR

424.02(d)). We also considered measures applicable to the area. We did

not designate various lands managed by the National Park Service and

our National Wildlife Refuge System because the missions of these

agencies are primarily natural resource management and they already

protect and conserve plovers and their habitat. We therefore concluded

that areas managed by these agencies are not in need of the special

management or protection that would be provided by critical habitat

designation. However, several commenters stated that these agencies

have experienced difficulty achieving compliance with management plans

and that some management activities are inconsistent with the needs of

the snowy plover. We anticipate that the completion of the snowy plover

recovery planning process in spring 2000 will provide new information

regarding management needs at various locations. If new information

reveals it is appropriate, we will revise this designation to include

those additional lands essential to the conservation of the plover and

in need of special management considerations or protection. If

appropriate, this new designation may include lands managed by the

National Park Service and us.

(4g) Comment: Several commenters stated that section 7 consultation

is not an alternative to critical habitat designation under section 4

and should not be considered a basis for omitting habitat areas from

designation.

Our Response: We designated critical habitat for those areas

supporting the physical and biological attributes essential to the

conservation of the plover, where such areas may need special

management consideration and protection. Under the Act, section 7

consultation is one mechanism for addressing special management

considerations and protection. In conducting a section 7 consultation

for a given action, we evaluate the species' status, its environmental

baseline in the action area, the effects of the action, and any

cumulative effects on the listed species and its habitat. We work with

project proponents through this process to address management and

protection needs of the species in the action area. Under the Act, we

use the section 7 consultation process for evaluating and addressing

not only effects to listed species, but also effects to their habitat.

(4h) Comment: Several commenters stated that the maps and

descriptions provided were vague and violate the Act and 50 CFR

424.12(c).

Our Response: This final rule contains maps and the required legal

descriptions of areas designated as critical habitat. The accompanying

maps are for illustration purposes. Additional clarification is

available from our Sacramento Fish and Wildlife Office (see ADDRESSES

section). We identified specific areas referenced by specific legal

description, roads, waterways, and other landmarks, which are found on

standard topographic maps, as required by our regulations at 50 CFR

424.12.

(4i) Comment: One commenter stated that we should implement a

program to eradicate European beachgrass instead of designating

critical habitat.

Our Response: Under the Act, eradication of the beachgrass would

not be a substitute for designating critical habitat. We acknowledge

the importance of beachgrass control in conservation of the western

snowy plover. However, many additional factors affecting the species

must be addressed before conservation of the species can be achieved.

Once it is published, the approved recovery plan for the snowy plover

will provide further guidance on controlling European beachgrass.

(4j) Comment: One commenter believed we should implement

cooperative mechanisms with private landowners as an alternative to

designating critical habitat on private property.

Our Response: We agree that private and public partnerships are an

important means to implement recovery goals for the plover. However, as

described in (4i) above such partnerships would not be a substitute

under the Act for designating critical habitat at this time. Under

section 10(a)(1)(B) of the Act, private landowners may receive

authorization for incidental take of listed species on the basis of an

approved Habitat Conservation Plan for the species. This option

continues to be available to private landowners following designation

of critical habitat.

(4k) Comment: Several commenters stated their objections to planned

exemptions from designation of critical habitat for California State

lands under control of the resources agencies. They do not believe

California's Department of Fish and Game and Department of Parks and

Recreation are qualified in protecting endangered species.

Our Response: In the proposed rule we discussed the option of not

designating State resource agency lands currently providing adequate

protection for plovers and their habitat. As natural resource agencies,

one of the missions of the California Departments of Fish and Game and

Parks and Recreation is to manage for endangered species on State

lands. As noted in (2b) above, however, future management practices on

State trust lands are uncertain. Until resolution of this uncertainty

through adoption and implementation of adequate plans and actions to

protect plover habitat, we have no basis for leaving State trust lands

out of the designation.

Issue 5: Economic Impacts

(5) Comment: We received several comments concerning the

continuation of specific activities on private land following a

designation of critical habitat and potential subsequent economic

effects.

[[Page 68517]]

Our Response: Activities on private or other non-Federal lands that

do not involve a Federal action are not affected by a designation of

critical habitat. Please refer to the ``Critical Habitat'' section of

this rule for a more detailed discussion of this issue. We have

concluded that no economic impacts are expected from critical habitat

designation above and beyond those already resulting from the listing.

Please refer to the ``Economic Anlysis'' section of this rule. We will

continue to work with landowners and other interested parties to avoid

harmful activities to the Western snowy plover during the breeding

season and we have sought the input of approximately 1,200 landowners

in the development of the recovery planning document.

Summary of Changes From the Proposed Rule

Based on comments we received on the proposed rule, we did not

designate portions of several proposed critical habitat areas in

Oregon. The Oregon Department of Fish and Wildlife recommended, for OR-

2 Heceta Head to Siuslaw River, deletion of the area from the south

side of Sutton Creek to the Siuslaw River. They stated that this

portion of the critical habitat area is highly developed with a

riprapped foredune. The Department's survey data have shown no use by

breeding plovers for many years and minimal wintering use. We modified

the legal description of this critical habitat area and corresponding

map to reflect this deletion. We also modified the title of the

critical habitat area to more accurately reflect the geographic

boundaries of the area. The title is now OR-2 Heceta Head to Sutton

Creek.

The Oregon Department of Fish and Wildlife also recommended

deletion of a portion of OR-3 Siuslaw River to Siltcoos River extending

from the Siuslaw River south to approximately 1.61 km (1 mi) north of

the Siltcoos River. The Department pointed out that this area has only

minimal documented use by snowy plovers as a foraging area. We modified

the legal description of this critical habitat area and corresponding

map to reflect this deletion. We also modified the title of the

critical habitat area to more accurately reflect the geographic

boundaries of the area. The title now reads OR-2 Siltcoos River North.

The Oregon Department of Fish and Wildlife, the BLM, and other

commenters recommended deletion of Unit 2 from OR-6 Horsfall Beach to

Coos Bay. Survey data have shown this unit lacks any recent use by

plovers and is small and isolated. Therefore, we dropped Unit 2 and its

legal description from the critical habitat designation, and Unit 3 in

the proposed rule now becomes Unit 2. We modified the legal description

and corresponding map for OR-6 Horsfall Beach to Coos Bay accordingly.

In California, the Department of the Navy recommended that a

portion of proposed CA-19 South San Diego Coast Beaches, Unit 1--Silver

Strand/Delta Beach not be designated. These areas had been developed,

or verified survey data showed no use by plovers. Therefore, we did not

designate two segments of the Delta beach portion of proposed Unit 1.

We modified the legal description of this Unit and the corresponding

map accordingly.

We also corrected legal descriptions for OR-4 Siltcoos River to

Threemile Creek; OR-5 Umpqua River to Horsfall Beach; OR-6 Horsfall

Beach to Coos Bay; CA-14 Santa Barbara Coast Beaches, Unit 2, Santa

Barbara Harbor Beach; CA-16 San Nicholas Island Beaches, Unit SN-6; and

CA-19 South San Diego Coast Beaches, Unit 2--Tijuana River Beach, as a

result of typographical errors in the proposed rule.

The location of sites designated as critical habitat in this

rulemaking and their use by western snowy plovers is presented in Table

1. Table 1 includes a total of 28 areas of critical habitat totaling

about 7,287 ha (18,000 ac) and 290 km (180 mi) of coastline. Of the 28

critical habitat areas, 2 are designated in Washington, 7 in Oregon,

and 19 in California.

Table 1.--Location and Historical Snowy Plover Use of Critical Habitat Areas in Washington, Oregon, and

California

----------------------------------------------------------------------------------------------------------------

Site No. Name County USGS quad map Plover use

----------------------------------------------------------------------------------------------------------------

WASHINGTON

----------------------------------------------------------------------------------------------------------------

WA-1................ Damon Point........... Grays Harbor.......... Point Brown.......... Nesting.

Westport.............

WA-2................ Leadbetter Point...... Pacific............... North Cove........... Nesting.

Oysterville.......... Winter.

----------------------------------------------------------------------------------------------------------------

OREGON

----------------------------------------------------------------------------------------------------------------

OR-1................ Bayocean Spit......... Tillamook............. Garibaldi............ Nesting.

Winter.

OR-2................ Heceta Head to........ Lane.................. Mercer Lake.......... Nesting.

Sutton Creek.......... Winter.

OR-3................ Siltcoos River........ Lane.................. Goose Pasture........ Nesting.

North................. Tahkenitch........... Winter.

Creek................

OR-4................ Siltcoos River to..... Lane.................. Tahkenitch........... Nesting.

Threemile Creek....... Douglas............... Creek................ Winter.

Winchester Bay.......

OR-5................ Umpqua River to....... Douglas............... Winchester Bay....... Nesting.

Horsfall Beach........ Coos.................. Lakeside............. Winter.

Empire...............

OR-6................ Horsfall Beach to..... Coos.................. Empire............... Nesting.

Coos Bay.............. Charleston........... Winter.

OR-7................ Bandon Park to........ Coos.................. Bandon............... Nesting.

Floras Lake........... Curry................. Langlois............. Winter.

Floras Lake..........

----------------------------------------------------------------------------------------------------------------

[[Page 68518]]

CALIFORNIA

----------------------------------------------------------------------------------------------------------------

CA-1................ Humboldt Coast........

Lagoon Beaches........

Unit 1.............. Stone Lagoon.......... Humboldt.............. Orick................ Winter.

Rodgers Peak.........

Unit 2.............. Big Lagoon............ Humboldt.............. Rodgers Peak......... Nesting.

Trinidad.............

CA--2............... Eel River Beaches.....

Unit 1.............. Eel River North....... Humboldt.............. Cannibal Island...... Nesting.

Winter.

Unit 2.............. Eel River South....... Humboldt.............. Cannibal............. Nesting.

Island............... Winter.

Ferndale.............

CA-3................ Bodega Bay............

Unit 1.............. Bodega Harbor......... Sonoma................ Bodega Head.......... Winter.

Unit 2.............. Doran Spit............ Sonoma................ Bodega Head.......... Winter.

CA-4................ Dillon Beach.......... Marin................. Tomales.............. Winter.

CA-5................ Half Moon Bay......... San Mateo............. Half Moon Bay........ Nesting.

Beaches............... Winter.

CA-6................ Santa Cruz............

Coast Beaches.........

Unit 1.............. Waddell Creek......... Santa Cruz............ Ano Nuevo............ Nesting.

Beach................. Winter.

Unit 2.............. Scott Creek........... Santa Cruz............ Davenport............ Nesting.

Beach................. Winter.

Unit 3.............. Laguna Creek.......... Santa Cruz............ Santa Cruz........... Nesting.

Beach................. Winter.

Unit 4.............. Wilder Creek Beach.... Santa Cruz............ Santa Cruz........... Nesting.

Winter.

CA-7................ Monterey Bay..........

Beaches...............

Unit 1.............. Sunset Beach.......... Santa Cruz............ Watsonville.......... Nesting.

West................. Winter.

Moss Landing.........

Unit 2.............. Mudowski Beach........ Monterey.............. Moss Landing......... Nesting.

Winter.

Unit 3.............. Elkhorn Slough........ Monterey.............. Moss Landing......... Nesting.

Mud Flat/Salt Pond.... Winter.

Unit 4.............. Salinas River......... Monterey.............. Moss Landing......... Nesting.

Beach................. Marina............... Winter.

Unit 5.............. Fort Ord/Seaside...... Monterey.............. Marina............... Nesting.

Beaches............... Seaside.............. Winter.

CA-8................ Point Sur............. Monterey.............. Point Sur............ Nesting.

Beach................. Winter.

CA-9................ Arroyo Hondo.......... San Luis.............. Burro Mt............. Winter.

Creek Beach........... Obispo................ Piedras Blancas......

CA-10............... Arroyo Laguna......... San Luis.............. San Simeon........... Nesting.

Creek Beach........... Obispo................ Winter.

CA-11............... Morro Bay.............

Beaches...............

Unit 1.............. Toro Creek............ San Luis.............. Morro Bay............ Nesting.

Beach................. Obispo................ North................ Winter.

Unit 2.............. Atascadero............ San Luis.............. Morro Bay............ Nesting.

Beach................. Obispo................ North/South.......... Winter.

Unit 3.............. Morro Bay Beach....... San Luis.............. Morro Bay............ Nesting.

Obispo................ South................ Winter.

CA-12............... Pismo Beach/.......... San Luis.............. Oceano............... Nesting.

Nipomo Dunes.......... Obispo................ Point Sal............ Winter.

Santa Barbara.........

CA-13............... Point Sal to..........

Point Conception......

Unit 1.............. Vandenburg Air Force Santa Barbara......... Casmalia............. Nesting.

Base. Winter.

Unit 2.............. Santa Ynez............ Santa Barbara......... Surf................. Nesting.

River Mouth/.......... Winter.

Ocean Beach...........

Unit 3.............. Jalama Beach.......... Santa Barbara......... Tranquillon.......... Winter.

Mt./Lompoc...........

Hills/Point..........

Conception...........

[[Page 68519]]

CA-14............... Santa Barbara.........

Coast Beaches.........

Unit 1.............. Devereaux Beach....... Santa Barbara......... Dos Pueblos.......... Nesting.

Canyon............... Winter.

Goleta...............

Unit 2.............. Point Castillo/....... Santa Barbara......... Santa Barbara........ Winter.

Santa Barbara.........

Harbor Beach..........

Unit 3.............. Carpinteria........... Santa Barbara......... Carpinteria.......... Winter.

Beach.................

CA-15............... Oxnard Lowlands.......

Unit 1.............. San Buenaventura...... Ventura............... Ventura.............. Winter.

Beach.................

Unit 2.............. Mandalay Bay/......... Ventura............... Oxnard............... Nesting.

Santa Clara........... Winter.

River Mouth...........

Unit 3.............. Ormond Beach.......... Ventura............... Oxnard............... Nesting.

Point Mugu........... Winter.

Unit 4.............. Mugu Lagoon........... Ventura............... Point Mugu........... Nesting.

Beach................. Winter.

CA-16............... San Nicolas........... Ventura............... San Nicolas.......... Nesting.

Island................ Island............... Winter.

Beaches...............

CA-17............... Malibu Lagoon......... Los Angeles........... Malibu Beach......... Winter.

CA-18............... Mission Beach......... San Diego............. La Jolla............. Winter.

and Bay...............

Units 1-3.............

CA-19............... South San Diego.......

Coast Beaches.........

Unit 1.............. Silver Strand/........ San Diego............. Point Loma........... Nesting.

Delta Beach........... Imperial Beach....... Winter.

Unit 2.............. Tijuana River......... San Diego............. Imperial Beach....... Nesting.

Beach................. Winter.

----------------------------------------------------------------------------------------------------------------

Economic Analysis

Section 4(b)(2) of the Act requires us to designate critical

habitat on the basis of the best scientific and commercial information

available and to consider the economic and other relevant impacts of

designating a particular area as critical habitat. We may exclude areas

from critical habitat upon a determination that the benefits of such

exclusions outweigh the benefits of specifying such areas as part of

critical habitat. We cannot exclude areas from critical habitat if such

exclusion would result in the extinction of the species concerned.

The economic effects already caused by the listing of the coastal

population of the western snowy plover as threatened or by existing

legal requirements are the baseline upon which we analyzed the economic

effects of critical habitat. The critical habitat economic analysis

examined the incremental economic and conservation effects of

designating a particular area. The economic effects of a designation

were evaluated by measuring changes in national, regional, or local

indicators in the area considered for designation. We prepared an

analysis of the economic effects of the proposed western snowy plover

critical habitat designation in draft form (Service 1995) and made the

draft available for public review (May 5, 1995; 60 FR 22404). We

concluded in the final analysis, which included a review of and

incorporated public comments, that no economic impacts are expected

from critical habitat designation above and beyond those already

resulting from the original listing of the coastal population of the

western snowy plover. Potential economic effects of critical habitat

designation are limited to impacts on activities funded, authorized, or

carried out by a Federal agency. These activities would be subject to

section 7 consultation if they may affect critical habitat. However,

activities that may affect an area considered for critical habitat

usually affect the listed species, and would thus be subject to

consultation on the issue of jeopardy. Also, changes or minimizing

measures that might increase the cost of the project would be imposed

only as a result of critical habitat if the project would adversely

modify or destroy that critical habitat. In most cases, a project that

would adversely modify or destroy critical habitat would also likely

jeopardize the continued existence of the species. In such a case,

reasonable and prudent alternatives to avoid jeopardizing the species

should also avoid adverse modification of critical habitat. The areas

designated as critical habitat are all at some time during the year,

occupied by snowy plovers. Since the habitat is occupied, Federal

agencies are already required to consult with us due to the listing of

the species. Thus, regulatory burdens or additional costs due to the

critical habitat designations for the plover are not likely to exceed

those already resulting from the species' listing.

A copy of the economic analysis and description of the exclusion

process with supporting documents are included in our administrative

record and may be obtained by contacting our office (see ADDRESSES

section).

Required Determinations

Regulatory Planning and Review

In accordance with Executive Order 12866, we submitted this action

for review by the Office of Management and Budget. Because the economic

analysis identified above no economic benefits

[[Page 68520]]

from excluding any of the proposed critical habitat areas, no critical

habitat areas were excluded from this final rule for economic reasons.

No inconsistencies with other agencies' actions and/or effects on

entitlements, grants, user fees, loan programs, or the rights and

obligations of their recipients were identified in the economic

analysis. This rule does not raise novel legal or policy issues.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

In the economic analysis, we determined that designation of

critical habitat will not have a significant effect on a substantial

number of small entities. As discussed in that document and in this

final rule, this designation of plover critical habitat is not likely

to restrict the actions of small entities beyond those already

resulting from the listing of the coastal population of the western

snowy plover. We recognize that some towns, counties, and private

entities are considered small entities in accordance with the

Regulatory Flexibility Act, however, they also are not affected by this

designation of plover critical habitat because additional restrictions

on their economic activities from this designation are not likely to

occur.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

In the economic analysis, we determined that designation of

critical habitat will not cause--(a) any effect on the economy of $100

million or more; (b) any increases in costs or prices for consumers;

individual industries; Federal, State, or local government agencies; or

geographic regions in the economic analysis; or (c) any significant

adverse effects on competition, employment, investment, productivity,

innovation, or the ability of U.S.-based enterprises to compete with

foreign-based enterprises.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

In the economic analysis, we determined that no effects would occur

to small governments as a result of this plover critical habitat

designation.

Takings

In accordance with Executive Order 12630, this rule does not have

significant takings implications, and a takings implication assessment

is not required. This designation will not ``take'' private property

and will not alter the value of private property. Critical habitat

designation is directly applicable only to Federal lands. Private lands

are not affected except to the extent of Federal funding or permitting

activities.

Federalism

In accordance with Executive Order 13132, this rule will not affect

the structure or role of States and will not have direct, substantial,

or significant effects on States. As previously stated, critical

habitat is directly applicable only to Federal lands. Non-Federal lands

are not affected except to the extent of Federal funding or permitting

actions. Also, the economic analysis indicates that additional economic

impacts would not result from the plover critical habitat designation.

In keeping with Department of the Interior and Department of

Commerce policy, the Service requested information from and coordinated

development of the critical habitat proposal with appropriate State

resource agencies in California, Oregon, and Washington, as well as

during the listing process. In addition, all three States have one or

more representatives on the Service's recovery team for this species.

The Service will continue to coordinate any future designation of

critical habitat for the snowy plover with the appropriate State

agencies.

Civil Justice Reform

In accordance with Executive Order 12988, the Department of the

Interior's Office of the Solicitor has determined that this rule does

not unduly burden the judicial system and meets the requirements of

sections 3(a) and 3(b)(2) of the Order. We have made every effort to

ensure that this final determination contains no drafting errors,

provides clear standards, simplifies procedures, reduces burden, and is

clearly written such that litigation risk is minimized.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

This rule does not contain any information collection requirements

for which Office of Management and Budget approval under the Paperwork

Reduction Act is required.

National Environmental Policy Act

We have determined that we do not need to prepare EAs and EISs, as

defined under the authority of the National Environmental Policy Act of

1969 (NEPA), in connection with regulations adopted pursuant to section

4(a) of the Act. We published a notice outlining our reasons for this

determination in the Federal Register in October 1983 (48 FR 49244).

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,

``Government-to-Government Relations with Native American Tribal

Governments'' (59 FR 22951) and 512 DM 2: We understand that we must

relate to federally recognized Tribes on a Government-to-Government

basis. Secretarial Order 3206, American Indian Tribal Rights, Federal-

Tribal Trust Responsibilities and the Endangered Species Act, states

that ``Critical habitat shall not be designated in such areas that may

impact Tribal trust resources unless it is determined essential to

conserve a listed species. In designating critical habitat, we shall

evaluate and document the extent to which the conservation needs of a

listed species can be achieved by limiting the designation to other

lands.'' Western snowy plover critical habitat does not contain any

Tribal lands nor lands that we have identified as impacting Tribal

trust resources.

References Cited

You may request a complete list of all references cited herein, as

well as others, from the Sacramento Fish and Wildlife Office (see

ADDRESSES section).

Authors: The primary authors of this notice are Karen J. Miller,

Daniel Buford, and Harry Mossman (see ADDRESSES section of this final

rule).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

For the reasons given in the preamble, we amend 50 CFR part 17, as

set forth below:

PART 17--[AMENDED]

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

Authority: 16 U.S.C. 1361-1407; 16 USC 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. In Sec. 17.11(h) revise the entry for ``Plover, western snowy'',

under ``BIRDS'' to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

[[Page 68521]]

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate

-------------------------------------------------------- population where Critical Special

Historic range endangered or Status When listed habitat rules

Common name Scientific name threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

BIRDS

* * * * * * *

Plover, Western snowy............ Charadrius U.S.A. (AZ, CA, CO, U.S.A. (CA, OR, T 493 Sec. 17.95 NA

alexandrinus KS, NM, NV, OK, WA), Mexico (b)

nivosus. OR, TX, UT, WA); (within 50 miles

Mexico. of Pacific coast).

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

3. Amend Sec. 17.95(b) by adding critical habitat for the Pacific

coast population of the western snowy plover (Charadrius alexandrinus

nivosus) in the same alphabetical order as the species occurs in

Sec. 17.11(h).

Sec. 17.95 Critical habitat--fish and wildlife.

* * * * *

(b) Birds.

* * * * *

WESTERN SNOWY PLOVER (Charadrius alexandrinus nivosus)--Pacific coast

population

1. The primary constituent elements are those habitat components

that are essential for the primary biological needs of foraging,

nesting, rearing of young, roosting, and dispersal, or the capacity

to develop those habitat components. The primary constituent

elements are found in areas that support or have the potential to

support 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, flat rocky

outcrops, and gravel bars. 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).

BILLING CODE 4310-55-P

[[Page 68522]]

[GRAPHIC] [TIFF OMITTED] TR07DE99.025

BILLING CODE 4310-55-C

[[Page 68523]]

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.026

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 our

property. (North Cove and Oysterville USGS 7.5'' Quads 1984).

[GRAPHIC] [TIFF OMITTED] TR07DE99.027

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.028

[[Page 68524]]

OR-2. Heceta Head to Sutton Creek, 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 the high water line of

the north side of Sutton Creek, thence southwesterly following the high

water line of the north side of Sutton Creek to its mouth, 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. (Mercer Lake

USGS 7.5'' Quad 1984).

[GRAPHIC] [TIFF OMITTED] TR07DE99.030

[[Page 68525]]

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

Beginning at 43 deg.53'40'' N, 124 deg.08'50'' W, thence southerly

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

43 deg.52'45'' N, 124 deg.08'58'' W, thence south 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. (Goose Pasture, and Tahkenitch

Creek USGS 7.5'' Quads 1984).

[GRAPHIC] [TIFF OMITTED] TR07DE99.029

[[Page 68526]]

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.10'16'' 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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.031

[[Page 68527]]

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.032

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.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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.033

[[Page 68528]]

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.034

[[Page 68529]]

[GRAPHIC] [TIFF OMITTED] TR07DE99.035

BILLING CODE 4310-55-C

[[Page 68530]]

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] TR07DE99.036

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.037

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 spit,

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] TR07DE99.038

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] TR07DE99.039

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

[[Page 68531]]

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] TR07DE99.040

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] TR07DE99.041

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[GRAPHIC] [TIFF OMITTED] TR07DE99.042

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[[Page 68533]]

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.043

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] TR07DE99.044

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)

[GRAPHIC] [TIFF OMITTED] TR07DE99.045

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] TR07DE99.046

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)

[GRAPHIC] [TIFF OMITTED] TR07DE99.047

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

[[Page 68534]]

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] TR07DE99.048

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.49'4'' 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

southwesterly along northern shore of Elkhorn Slough to point of

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

[GRAPHIC] [TIFF OMITTED] TR07DE99.049

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 our property. (Moss Landing USGS 7.5'' Quad

1980 and Marina USGS 7.5'' Quad 1983)

[GRAPHIC] [TIFF OMITTED] TR07DE99.050

[[Page 68535]]

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.051

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] TR07DE99.052

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.053

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] TR07DE99.054

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)

[GRAPHIC] [TIFF OMITTED] TR07DE99.055

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

[[Page 68536]]

North and Morro Bay South USGS 7.5'' Quads 1965)

[GRAPHIC] [TIFF OMITTED] TR07DE99.056

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)

[GRAPHIC] [TIFF OMITTED] TR07DE99.057

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.058

[[Page 68537]]

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.059

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.060

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).

[[Page 68538]]

[GRAPHIC] [TIFF OMITTED] TR07DE99.061

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'' Quad 1988).

[GRAPHIC] [TIFF OMITTED] TR07DE99.062

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.24'09'' 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] TR07DE99.063

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.064

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[[Page 68539]]

[GRAPHIC] [TIFF OMITTED] TR07DE99.065

BILLING CODE 4310-55-C

[[Page 68540]]

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.066

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.067

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).

[GRAPHIC] [TIFF OMITTED] TR07DE99.068

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).

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[GRAPHIC] [TIFF OMITTED] TR07DE99.069

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.30'55'' 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 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).

[[Page 68542]]

[GRAPHIC] [TIFF OMITTED] TR07DE99.070

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] TR07DE99.071

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 68543]]

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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 the west side of the San Diego and Arizona Eastern

Railroad tracks, thence southeasterly to 32 deg.40'07'' N,

117 deg.09'42'' W, thence east to MLW, thence southeasterly 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 west side of the

San Diego and Arizona Eastern Railroad tracks and 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] TR07DE99.073

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 beginning. Excludes

all our property. (Imperial Beach, Calif.--Baja Calif. Norte USGS 7.5''

Quad 1975).

[[Page 68544]]

[GRAPHIC] [TIFF OMITTED] TR07DE99.074

Dated: November 24, 1999.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 99-31357 Filed 12-1-99; 8:45 am]

BILLING CODE 4310-55-P