[Federal Register Volume 64, Number 234 (Tuesday, December 7, 1999)]
[Rules and Regulations]
[Pages 68508-68544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31357]
[[Page 68507]]
_______________________________________________________________________
Part III
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
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
[[Page 68529]]
[GRAPHIC] [TIFF OMITTED] TR07DE99.035
BILLING CODE 4310-55-C
[[Page 68530]]
California. Areas of land and water as follows:
CA-1. Humboldt Coast Lagoon Beaches, Humboldt County (Index Map 2)
Unit 1--Stone Lagoon
Beginning at 41 deg.15'33'' N, 124 deg.05'54'' W, thence south and
east following the west side of the access road to Dry Lagoon State
Park to 41 deg.15'29'' N, 124 deg.05'49'' W, thence southwesterly
following the high water line of Stone Lagoon to 41 deg.14'42'' N,
124 deg.06'08'' W, thence southwesterly to 41 deg.14'40'' N,
124 deg.06'10'' W, thence southwesterly following the 40-foot contour
line to 41 deg.14'14'' N, 124 deg.06'21'' W, thence west to MLW, thence
northeasterly following MLW to a point directly west of the point of
beginning, thence east to the point of beginning. (Orick and Rodgers
Peak USGS 7.5'' Quads 1966).
[GRAPHIC] [TIFF OMITTED] TR07DE99.036
Unit 2--Big Lagoon
Beginning at 41 deg.13'00'' N, 124 deg.06'39'' W, thence southerly
following the 40-foot contour line to 41 deg.12'47'' N, 124 deg.06'40''
W, thence southerly following the Big Lagoon State Park property line
to 41 deg.12'39'' N, 124 deg.06'40'' W, thence northwesterly and
southwesterly following the high water line of Big Lagoon to
41 deg.09'54'' N, 124 deg.07'49'' W, thence southwesterly following the
Big Lagoon State Park property line to 41 deg.09'49'' N,
124 deg.08'00'' W, thence west to MLW, thence northeasterly following
MLW to a point directly west of the point of beginning, thence east to
the point of beginning. (Rodgers Peak USGS 7.5'' Quad 1966 and Trinidad
USGS 7.5'' Quad 1978).
[GRAPHIC] [TIFF OMITTED] TR07DE99.037
CA-2. Eel River Beaches, Humboldt County (Index Map 2)
Unit 1--Eel River North
Beginning at 40 deg.41'51'' N, 124 deg.16'27'' W, thence
southwesterly to 40 deg.40'11'' N, 124 deg.17'30'' W, thence south to
MLW, thence southerly following MLW around the south end of the spit,
thence north following MLW to a point directly west of the point of
beginning, thence east to the point of beginning. (Cannibal Island USGS
7.5'' Quad 1972).
[GRAPHIC] [TIFF OMITTED] TR07DE99.038
Unit 2--Eel River South
Beginning at 40 deg.34'29'' N, 124 deg.21'01'' W, thence west to
MLW, thence northeasterly following MLW to a point directly west of
40 deg.38'28'' N, 124 deg.18'42'' W, thence east to said point, thence
east to MHW of the left bank of the Eel and Salt Rivers, thence
southwesterly following MHW of the left bank of the Salt River to
40 deg.37'54'' N, 124 deg.18'52'' W, thence southerly to 40 deg.37'38''
N, 124 deg.18'53'' W, thence southwesterly to 40 deg.37'14'' N,
124 deg.19'25'' W, thence southwesterly to 40 deg.36'44'' N,
124 deg.19'36'' W, thence southwesterly to 40 deg.34'29'' N,
124 deg.20'56'' W, thence westerly to the point of beginning. (Cannibal
Island and Ferndale USGS 7.5'' Quads 1972).
[GRAPHIC] [TIFF OMITTED] TR07DE99.039
CA-3. Bodega Bay, Sonoma County (Index Map 2)
Unit 1--Bodega Harbor
Beginning at 38 deg.18'51'' N, 123 deg.03'02'' W, at MHW on Doran
Spit, thence north to 38 deg.19'30'' N, 123 deg.03'02'' W, thence east
to 38 deg.19'30'' N, 123 deg.02'38'' W, thence southeasterly to
38 deg.19'22'' N, 123 deg.02'26'' W, thence southerly to 38 deg.19'13''
N, 123 deg.02'20'' W, on the MHW line of Bodega Harbor, thence
southerly and westerly following MHW to the point of beginning. (Bodega
Head USGS 7.5'' Quad 1972).
Unit 2--Doran Beach
Beginning at 38 deg.18'22'' N, 123 deg.03'09'' W, at the west end
of the North Jetty, thence east to MLW, thence northerly and easterly
following MLW to a point directly south of 38 deg.18'44'' N,
123 deg.01'36'' W, thence north to said point, thence northwesterly to
38 deg.18'52'' N, 123 deg.02'07'' W, thence westerly to 38 deg.18'51''
N, 123 deg.02'34'' W, thence southwesterly to 38 deg.18'42'' N,
123 deg.03'01'' W, thence southwesterly to
[[Page 68531]]
38 deg.18'34'' N, 123 deg.03'08'' W, thence southerly to the point of
beginning. (Bodega Head USGS 7.5'' Quad 1972).
[GRAPHIC] [TIFF OMITTED] TR07DE99.040
CA-4. Dillon Beach, Marin County (Index Map 2)
Beginning at 38 deg.14'57'' N, 122 deg.57'58'' W, thence southerly
to 38 deg.14'31'' N, 122 deg.58'01'' W, thence southwesterly to
38 deg.13'57'' N, 122 deg.58'15'' W, thence southeasterly to
38 deg.13'21'' N, 122 deg.58'12'' W, thence south to MLW, thence
northwesterly and northerly to a point directly west of the point of
beginning, thence east to the point of beginning. (Tomales USGS 7.5''
Quad 1971)
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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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[GRAPHIC] [TIFF OMITTED] TR07DE99.065
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CA-15. Oxnard Lowlands, Ventura County (Index Map 4)
Unit 1--San Buena/Ventura Beach
Beginning 34 deg.16'33'' N, 119 deg.17'38'' W, which is located at
northwest end of beach, thence east to 34 deg.16'51'' N,
119 deg.17'24'' W, thence southeasterly to 34 deg.16'40'' N,
119 deg.17'03'' W, thence southeasterly to 34 deg.16'15'' N,
119 deg.16'33'' W, thence southeasterly to 34 deg.15'40'' N,
119 deg.16'16'' W, thence southeasterly to 34 deg.15'02'' N,
119 deg.15'52'' W, thence west to MLW, thence northwesterly following
MLW to a point south of point of beginning, thence north to point of
beginning. (Ventura USGS 7.5'' Quad 1967).
[GRAPHIC] [TIFF OMITTED] TR07DE99.066
Unit 2--Mandalay Beach/Santa Clara River Mouth
Beginning at 34 deg.14'28'' N, 119 deg.16'12'' W, located at the
north end of beach, thence southeasterly to 34 deg.14'10'' N,
119 deg.15'30'' W, located on north bank of Santa Clara River, thence
east to 34 deg.14'09'' N, 119 deg.15'57'' W, thence south to
34 deg.14'09'' N, 119 deg.13'57'' W, thence west following south bank
of Santa Clara River to 34 deg.14'01'' N, 119 deg.15'30'' W, thence
southwesterly to 34 deg.13'53'' N, 119 deg.15'40'' W, located on 15-
foot contour line, thence southeasterly to 34 deg.12'58'' N,
119 deg.15'15'' W, located on north end of McGrath Lake, thence
southeasterly following 15-foot contour line to 34 deg.09'30'' N,
119 deg.13'28'' W, located on north side of boat ramp, thence west to
MLW, thence northwesterly following MLW to a point west of point of
beginning, thence east to point of beginning. (Oxnard USGS 7.5'' Quad
1967).
[GRAPHIC] [TIFF OMITTED] TR07DE99.067
Unit 3--Ormond Beach
Beginning at 34 deg.08'40'' N, 119 deg.11'58'' W, located east of
road to jetty, thence southeasterly to 34 deg.08'49'' N,
119 deg.11'58'' W, thence southeasterly to 34 deg.07'48'' N,
119 deg.10'15'' W, located at northwest end of wetlands, thence
southeasterly to 34 deg.07'22'' N, 119 deg.09'19'' W, located on west
side of Arnold Road, thence southwest along Arnold Road to
34 deg.07'10'' N, 119 deg.09'32'' W, located at end of Arnold Road,
thence west to MLW, thence northwesterly following MLW to a point south
of point of beginning, thence north to point of beginning. (Oxnard and
Point Mugu USGS 7.5'' Quads 1967).
[GRAPHIC] [TIFF OMITTED] TR07DE99.068
Unit 4--Mugu Lagoon Beach
Beginning at 34 deg.07'15'' N, 119 deg.09'28'' W, thence
southeasterly to 34 deg.06'45'' N, 119 deg.08'44'' W, thence
southwesterly to 34 deg.06'42'' N, 119 deg.08'47'' W, thence
southeasterly to 34 deg.06'31'' N, 119 deg.08'32'' W, thence
southeasterly to 34 deg.06'20'' N, 119 deg.08'10'' W, thence
southeasterly following 10-foot contour line to 34 deg.06'03'' N,
119 deg.05'44'' W, thence east following the HWL of Mugu Lagoon and
crossing the mouth of said lagoon to 34 deg.05'34'' N, 119 deg.04'13''
W, thence southeasterly to 34 deg.05'28'' N, 119 deg.04'08'' W, located
on 10 foot contour line, thence southeasterly following 10 foot contour
line to 34 deg.05'10'' N, 119 deg.03'38'' W, located on west side of
Point Mugu, thence west to MLW, thence northwesterly following MLW, but
excluding the mouth of Mugu Lagoon, to a point south of point of
beginning, thence north to point of beginning. (Point Mugu USGS 7.5''
Quad 1967).
[[Page 68541]]
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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).
[[Page 68542]]
[GRAPHIC] [TIFF OMITTED] TR07DE99.070
CA-17. Malibu Lagoon, Los Angeles County (Index Map 4)
Beginning at 34 deg.01'58'' N, 118 deg.40'53'' W, thence
northwesterly crossing Highway 1, and excluding Highway 1 and the
existing ROW north and south of Highway 1, to 34 deg.02'04'' N,
118 deg.40'56'' W, thence northwesterly to 34 deg.02'13'' N,
118 deg.40'59'' W, thence northeasterly to 34 deg.02'14'' N,
118 deg.40'56'' W, thence southeasterly to 34 deg.02'03'' N,
118 deg.40'47'' W, thence east to 34 deg.02'03'' N, 118 deg.40'44'' W,
thence northeasterly to 34 deg.02'12'' N, 118 deg.40'37'' W, thence
south to MLW, thence southerly and westerly following MLW to a point
directly south of the point of beginning, thence north to the point of
beginning. (Malibu Beach USGS 7.5## Quad 1981).
[GRAPHIC] [TIFF OMITTED] TR07DE99.071
CA-18. Mission Beach and Bay, San Diego County (Index Map 4)
Unit 1--Fiesta Island
Beginning at 32 deg.46'07'' N, 117 deg.14'34'' W, thence south to
MLW, thence southerly and northerly following MLW to a point directly
south of 32 deg.45'34'' N, 117 deg.14'50'' W, thence north to said
point, thence northwesterly to 32 deg.45'52'' N, 117 deg.14'58'' W,
thence northeasterly to 32 deg.46'16'' N, 117 deg.14'55'' W, thence
southeasterly to the point of beginning. (La Jolla USGS 7.5'' Quad
1975).
Unit 2--Mariner's Basin
Beginning at 32 deg.46'31'' N, 117 deg.13'25'' W, thence
southeasterly to 32 deg.46'30'' N, 117 deg.13'23'' W, thence
southwesterly to 32 deg.46'15'' N, 117 deg.13'34'' W, thence
southeasterly to 32 deg.46'10'' N, 117 deg.13'23'' W, thence south to
MLW, thence westerly and northerly following MLW to a point directly
west of the point of beginning, thence east to the point of beginning.
(La Jolla USGS 7.5'' Quad 1975).
Unit 3--Mission Beach
Beginning at 32 deg.46'26'' N, 117 deg.15'08'' W, thence southerly
to 32 deg.46'02'' N, 117 deg.15'06'' W, thence southerly to
32 deg.45'43'' N, 117 deg.15'05'' W, thence southeasterly to
32 deg.45'34'' N, 117 deg.14'57'' W, which is on the north jetty to
Mission Bay, thence westerly following the north side of the jetty to
MLW, thence northerly following MLW to a point directly west of the
point of beginning, thence east to the point of beginning. (La Jolla
USGS 7.5'' Quad 1975).
[[Page 68543]]
[GRAPHIC] [TIFF OMITTED] TR07DE99.072
CA-19. South San Diego Coast Beaches, San Diego County (Index Map 4)
Unit 1--Silver Strand/Delta Beach
Beginning at 32 deg.40'08'' N, 117 deg.09'54'' W, thence
northeasterly to the west side of the San Diego and Arizona Eastern
Railroad tracks, thence southeasterly to 32 deg.40'07'' N,
117 deg.09'42'' W, thence east to MLW, thence southeasterly following
MLW to a point directly north of 32 deg.39'27'' N, 117 deg.09'10'' W,
thence south to said point, thence northeasterly to 32 deg.39'30'' N,
117 deg.08'57'' W, thence southeasterly to 32 deg.39'16'' N,
117 deg.08'48'' W, thence southwesterly to 32 deg.39'11'' N,
117 deg.09'00'' W, thence southeasterly following the west side of the
San Diego and Arizona Eastern Railroad tracks and the west side of
Silver Strand Boulevard to 32 deg.36'43'' N, 117 deg.08'02'' W, thence
southeasterly to 32 deg.36'32'' N, 117 deg.07'55'' W, thence southerly
to 32 deg.35'09'' N, 117 deg.07'51'' W, thence west to MLW, thence
north following MLW to a point directly west of the point of beginning,
thence east to the point of beginning. (Point Loma and Imperial Beach,
Calif.--Baja Calif. Norte USGS 7.5'' Quads 1975).
[GRAPHIC] [TIFF OMITTED] TR07DE99.073
Unit 2--Tijuana River Beach
Beginning at 32 deg.34'01'' N, 117 deg.07'53'' W, thence southerly
following the unimproved road to 32 deg.33'44'' N, 117 deg.07'49'' W,
thence east to the HWL of Oneonta Slough, thence south following the
HWL of said slough to 32 deg.33'26'' N, 117 deg.07'40'' W, which is at
the mouth of Tijuana River, thence southeasterly crossing said river to
32 deg.32'36'' N, 117 deg.07'24'' W, thence south to 32 deg.32'04'' N,
117 deg.07'24'' W, thence west to MLW, thence northerly following MLW,
but excluding the mouth of Tijuana River, to a point directly west of
the point of beginning, thence east to the point of beginning. Excludes
all our property. (Imperial Beach, Calif.--Baja Calif. Norte USGS 7.5''
Quad 1975).
[[Page 68544]]
[GRAPHIC] [TIFF OMITTED] TR07DE99.074
Dated: November 24, 1999.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-31357 Filed 12-1-99; 8:45 am]
BILLING CODE 4310-55-P
