[Federal Register Volume 64, Number 234 (Tuesday, December 7, 1999)]
[Rules and Regulations]
[Pages 68508-68544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-31357]



[[Page 68507]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



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

Federal Register / Vol. 64, No. 234 / Tuesday, December 7, 1999 / 
Rules and Regulations

[[Page 68508]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD10


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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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


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[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



BILLING CODE 4310-55-C

[[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).
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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).
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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).
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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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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).

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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).
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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).

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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).
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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).

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    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