[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Proposed Rules]
[Pages 11768-11809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4422]




[[Page 11767]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



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

  Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / 
Proposed Rules  
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[[Page 11768]] 


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD10


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to 
designate 28 areas along the coast of California, Oregon, and 
Washington as critical habitat for the Pacific coast vertebrate 
population segment of the western snowy plover (Charadrius alexandrinus 
nivosus). This small shorebird is listed as a threatened species under 
the Endangered Species Act of 1973, as amended (Act). Critical habitat 
designation would provide additional protection under section 7 of the 
Act with regard to activities that require Federal agency action. As 
required by section 4 of the Act, the Service will consider economic 
and other relevant impacts prior to making a final decision on the size 
and configuration of critical habitat.

DATES: Comments from all interested parties must be received by May 31, 
1995. Public hearing requests must be received by April 17, 1995.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to Joel Medlin, Field Supervisor, U.S. Fish and Wildlife Service, 
Sacramento Field Office, 2800 Cottage Way, Room E-1803, Sacramento, CA 
95825-1846. Comments and materials received will be available for 
public inspection, by appointment, during normal business hours at the 
above address.

FOR FURTHER INFORMATION CONTACT: Ms. Karen J. Miller, Sacramento Field 
Office (see ADDRESSES section) telephone 916/979-2725, facsimile 916/
979-2723.

SUPPLEMENTARY INFORMATION:

Background

Previous Federal Actions

    On March 24, 1988, the Service received a petition from Dr. J.P. 
Myers of the National Audubon Society to list the Pacific coast 
population of the western snowy plover as a threatened species under 
the Act. On November 14, 1988, the Service published a 90-day petition 
finding (53 FR 45788) that substantial information had been presented 
indicating the requested action may be warranted. At that time, the 
Service acknowledged that questions pertaining to the demarcation of 
the subspecies and significance of interchange between coastal and 
interior stocks of the subspecies remained to be answered. Public 
comments were requested on the status of the coastal population of the 
western snowy plover. A status review of the entire subspecies had been 
in progress since the Service's December 30, 1982, Vertebrate Notice of 
Review (47 FR 58454). In that notice, as in subsequent notices of 
review (September 18, 1985 (50 FR 37958); January 6, 1989 (54 FR 554)), 
the western snowy plover was included as a category 2 candidate. 
Category 2 encompasses species for which information now in possession 
of the Service indicates that proposing to list as endangered or 
threatened is possibly appropriate, but for which conclusive data on 
biological vulnerability and threat are not currently available to 
support proposed rules. The public comment period on the petition was 
closed on July 11, 1989 (54 FR 26811, June 26, 1989).
    In September 1989, the Service completed a status report on the 
western snowy plover. Based on the best scientific and commercial data 
available, including comments submitted during the status review, the 
Service made a 12-month petition finding on June 25, 1990, that the 
petitioned action was warranted but precluded by other pending listing 
actions, in accordance with section 4(b)(3)(B)(iii) of the Act.
    On January 14, 1992 (57 FR 1443), the Service published a proposal 
to list the coastal population of the western snowy plover as a 
threatened species. After a review of the best scientific and 
commercial available and all comments received in response to the 
proposed rule, the Service published a final rule to list the coastal 
population of the western snowy plover as a threatened species on March 
5, 1993 (58 FR 12864), and thereby activated the protections applicable 
to listed species. The Service did not propose to designate critical 
habitat for the snowy plover within the proposed or final listing 
rulemaking because the Service found that critical habitat was not then 
determinable. The Service now has the information needed for a critical 
habitat proposal.

Ecological Considerations

    The western snowy plover, which is one of twelve subspecies of the 
snowy plover (Rittinghaus 1961 in Jacobs 1986), is a small, pale 
colored shorebird with dark patches on either side of the upper breast. 
The species was first described in 1758 by Linnaeus (American 
Ornithologists' Union 1957). For a complete discussion of the ecology 
and life history of this subspecies, see the Service's March 5, 1993, 
final rule listing the coastal population of the western snowy plover 
as a threatened species (58 FR 12864).
    The Pacific coast population of the western snowy plover breeds in 
loose colonies primarily on coastal beaches from southern Washington to 
southern Baja California, Mexico. On the Pacific coast, larger 
concentrations of breeding birds occur in the south than in the north, 
suggesting that the center of the plovers' coastal distribution lies 
closer to the southern boundary of California (Page and Stenzel 1981). 
In Baja California, Mexico, snowy plovers are distributed across 28 
sites, with concentrations at six coastal lakes (Dra. Graciela De La 
Graza Garcia, Director General of Conservation Ecology and Natural 
Resources, United States of Mexico, in litt., 1992). Other less common 
nesting habitat includes salt pans, coastal dredged spoil disposal 
sites, dry salt ponds, and salt pond levees and islands (Widrig 1980, 
Wilson 1980, Page and Stenzel 1981). Sand spits, dune-backed beaches, 
unvegetated beach strands, open areas around estuaries, and beaches at 
river mouths are the preferred coastal habitats for nesting (Stenzel et 
al. 1981, Wilson 1980).
    Based on the most recent surveys, a total of 28 snowy plover 
breeding sites or areas currently occur on the Pacific Coast of the 
United States. Two sites occur in southern Washington--one at 
Leadbetter Point, in Willapa Bay (Widrig 1980), and the other at Damon 
Point, in Grays Harbor (Anthony 1985). In Oregon, nesting birds were 
recorded in 6 locations in 1990 with 3 sites (Bayocean Spit, North Spit 
Coos Bay and spoils, and Bandon State Park-Floras Lake) supporting 81 
percent of the total coastal nesting population (Oregon Department of 
Fish and Wildlife, unpubl. data, 1991). A total of 20 plover breeding 
areas currently occur in coastal California (Page et al. 1991). Eight 
areas support 78 percent of the California coastal breeding population: 
San Francisco Bay, Monterey Bay, Morro Bay, the Callendar-Mussel Rock 
Dunes area, the Point Sal to Point Conception area, the Oxnard lowland, 
Santa Rosa Island, and San Nicolas Island (Page et al. 1991).
    The coastal population of the western snowy plover consists of both 
resident and migratory birds. Some birds winter in the same areas used 
for breeding (Warriner et al. 1986, Wilson-Jacobs, [[Page 11769]] pers. 
comm. in Page et al. 1986). Other birds migrate either north or south 
to wintering areas (Warriner et al. 1986). Plovers occasionally winter 
in southern coastal Washington (Brittell et al. 1976). The recent 
discovery of snowy plovers wintering near Cape Shoalwater in Pacific 
County, Washington, represents the northernmost record of wintering 
snowy plovers on the Pacific coast (Scott Richardson, Washington 
Department of Wildlife, pers. comm., 1994). From 43 to 81 plovers 
wintered on the Oregon coast between 1982-1990, primarily on 3 beach 
segments (Oregon Department of Fish and Wildlife 1994). The majority of 
birds, however, winter south of Bodega Bay, California (Page et al. 
1986). Wintering plovers occur in widely scattered locations on both 
coasts of Baja California and significant numbers have been observed on 
the mainland coast of Mexico at least as far south as San Blas, Nayarit 
(Page et al. 1986). Many interior birds west of the Rocky Mountains 
winter on the Pacific coast (Page et al. 1986, Stern et al. 1988). 
Birds winter in habitats similar to those used during the nesting 
season.
    Widely varying nest success (percentage of nests hatching at least 
one egg) and reproductive success (number of young fledged per female, 
pair, or nest) are reported in the literature. Nest success ranges from 
0 to 80 percent for coastal snowy plovers (Widrig 1980, Wilson 1980, 
Saul 1982, Wilson-Jacobs and Dorsey 1985, Wickham unpubl. data in 
Jacobs 1986, Warriner et al. 1986). Instances of low nest success have 
been attributed to a variety of factors, including predation, human 
disturbance, and inclement weather conditions. Reproductive success 
ranges from 0.05 to 2.40 young fledged per female, pair or nest (Page 
et al. 1977, Widrig 1980, Wilson 1980, Saul 1982, Warriner et al. 1986, 
Page 1988). Page et al. (1977) estimated that snowy plovers must fledge 
0.8 young per female to maintain a stable population. Reproductive 
success falls far short of this threshold at many nesting sites (Widrig 
1980, Wilson 1980, Warriner et al. 1986, Page 1988, Page 1990).

Management Considerations

    Historic records indicate that nesting western snowy plovers were 
once more widely distributed in coastal California, Oregon, and 
Washington than they are currently. In coastal California, snowy 
plovers bred at 53 locations prior to 1970 (Page and Stenzel 1981). 
Since that time, no evidence of breeding birds has been found at 33 of 
these 53 sites, representing a 62 percent decline in breeding sites 
(Page and Stenzel 1981). The greatest losses of breeding habitat were 
in southern California, within the central portion of the snowy 
plover's coastal breeding range. In Oregon, snowy plovers historically 
nested at 29 locations on the coast (Charles Bruce, Oregon Department 
of Fish and Wildlife, pers. comm., 1991). In 1990 only 6 nesting 
colonies remained, representing a 79 percent decline in active breeding 
sites. In Washington, snowy plovers formerly nested in at least 5 sites 
on the coast (Eric Cummins, pers. comm., 1991). Today only 2 colony 
sites remain active, representing, at minimum, a 60 percent decline in 
breeding sites.
    In addition to loss of nesting sites, the plover breeding 
population in California, Oregon, and Washington has declined 17 
percent between 1977 and 1989 (Page et al. 1991). Declines in the 
breeding population have been specifically documented in Oregon and 
California. Breeding season surveys along the Oregon coast from 1978 to 
1993 show that the number of adult snowy plovers has declined 
significantly at an average annual rate of about 7 percent (Oregon 
Department of Fish and Wildlife 1994). The number of adults has 
declined from a high of 142 adults in 1981 to a low of 30 adults in 
1992 (Oregon Department of Fish and Wildlife 1994; Randy Fisher, Oregon 
Department of Fish and Wildlife, in litt., 1992). If the current trend 
continues, breeding snowy plovers could disappear from coastal Oregon 
by 1999. In 1981, the coastal California breeding population of snowy 
plovers was estimated to be 1,565 adults (Page and Stenzel 1981). In 
1989, surveys revealed 1,386 plovers (Page et al. 1991), an 11 percent 
decline in the breeding population. The population decline in 
California may be greater than indicated; the 1989 survey results are 
considered more reliable than the earlier estimates, which may have 
underestimated the overall population size (Gary Page, pers. comm., 
1991).
    Although there are no historic data for Washington, it is doubtful 
that the snowy plover breeding population in Washington was ever very 
large (Brittell et al. 1976). However, loss of nesting sites in this 
state probably has resulted in a reduction in their overall population 
size. In recent years, fewer than 30 birds have nested on the southern 
coast of Washington (James Atkinson, pers. comm, 1990; Eric Cummins, 
pers. comm., 1991). In 1991, only one successful brood was detected in 
the State (Tom Juelson, Washington Department of Wildlife, in litt., 
1992).
    Survey data also indicate a decline in wintering snowy plovers, 
particularly in southern California. The number of snowy plovers 
observed during Christmas Bird Counts from 1962 to 1984 significantly 
decreased in southern California despite an increase in observer 
participation in the counts (Page et al. 1986). This observed decline 
was not accompanied by a significant loss of wintering habitat over the 
same time period (Page et al. 1986).
    The most important form of habitat loss to coastal breeding snowy 
plovers has been encroachment of European beachgrass (Ammophila 
arenaria). This non-native plant was introduced to the west coast 
around 1898 to stabilize dunes (Wiedemann 1987). Since then it has 
spread up and down the coast and now is found from British Columbia to 
southern California (Ventura County). European beachgrass is currently 
a major dune plant at about 50 percent of California breeding sites and 
all of those in Oregon and Washington (J.P. Myers, National Audubon 
Society, in litt., 1988). Stabilizing sand dunes with European 
beachgrass has reduced the amount of unvegetated area above the 
tideline, decreased the width of the beach, and increased its slope. 
These changes have reduced the amount of potential snowy plover nesting 
habitat on many beaches and may hamper brood movements. The beachgrass 
community also provides habitat for snowy plover predators that 
historically would have been largely precluded by the lack of cover in 
the dune community. Cost effective methods to control or eradicate 
European beachgrass have not yet been found.
    In the habitat remaining for snowy plover nesting, human activity 
(e.g., walking, jogging, running pets, horseback riding, off-road 
vehicle use, and beach raking) is a key factor in the ongoing decline 
in snowy plover coastal breeding sites and breeding populations in 
California, Oregon, and Washington. The nesting season of the western 
snowy plover (mid-March to mid-September) coincides with the season of 
greatest human use on beaches of the west coast (Memorial Day through 
Labor Day). Human activities detrimental to nesting snowy plovers 
include unintentional disturbance and trampling of eggs and chicks by 
people and unleashed pets (Stenzel et al. 1981, Warriner et al. 1986, 
P. Persons, in litt., 1992), off-road vehicle use (Widrig 1980, Stenzel 
et al. 1981, Anthony 1985, Warriner et al. 1986, Page 1988, Philip 
Persons, in litt., 1992); horseback riding (Woolington 1985, Page 1988, 
Philip Persons, in litt., 1992); and beach raking (Stenzel et al. 
1981). Page et al. (1977) [[Page 11770]] found that snowy plovers were 
disturbed more than twice as often by such human activities than all 
other natural causes combined.
    In the few instances where human intrusion into snowy plover 
nesting areas has been precluded either through area closures or by 
natural events, nesting success has improved. The average number of 
young fledged per nesting pair increased from 0.75 to 2.00 after the 
nesting site at Leadbetter Point, Washington was closed to human 
activities (Saul 1982). Similarly, vehicle closure on a portion of 
Pismo Beach, California, led to an eight-fold increase in the nesting 
plover population (W. David Shuford, Point Reyes Bird Observatory, in 
litt., 1989). After beach access was virtually eliminated by the 1989 
earthquake, fledging success increased 16 percent at Moss Landing 
Beach, California (Page 1990).
    Predation by mammalian and avian predators is a major concern at a 
number of nesting sites. Western snowy plover eggs, chicks, and adults 
are taken by a variety of avian and mammalian predators. These losses, 
particularly to avian predators, are exacerbated by human disturbances. 
Of the many predators, American crows (Corvus brachyrhynchos), ravens 
(C. corax), and red fox (Vulpes) have had a significantly adverse 
effect on reproductive success at several colony sites (Wilson-Jacobs 
and Meslow 1984, Page 1988, John and Jane Warriner, Point Reyes Bird 
Observatory, in litt., 1989, Page 1990, Stern et al. 1991). 
Accumulation of trash at beaches attracts these as well as other 
predators (Stern et al. 1990, Hogan 1991).
    At most active breeding sites few measures have been implemented 
specifically to protect snowy plovers. Artificial measures have been 
used at several nesting sites to improve snowy plover nesting success. 
In 1991, the California Department of Parks and Recreation and the 
Service conducted plover nest enclosure studies on National Wildlife 
Refuge and State property in the Monterey area. Hatching success of 
plover nests in enclosures was 81 percent as compared to 28 percent for 
unprotected nests (Richard G. Rayburn, California Department of Parks 
and Recreation, in litt., 1992, Elaine Harding-Smith, U.S. Fish and 
Wildlife Service, pers. comm., 1992). Use of nest enclosures at Coos 
Bay North Spit resulted in up to 88 percent nesting success, compared 
to as low as 9 percent success for unprotected nests (Stern et al. 
1991, Randy Fisher, in litt., 1992). Nest enclosures continue to be 
used at the above sites. The Service recently finalized a predator 
management plan for Salinas River National Wildlife Refuge, which 
proposes management measures to reduce red fox populations on the 
Refuge (Parker and Takekawa 1993).
    In a few areas in California, including the Marine Corps Base at 
Camp Pendleton, plovers have benefitted somewhat from protective 
measures taken for the endangered California least tern (Sterna 
antillarum browni). At Vandenberg Air Force Base in southern 
California, beaches are closed to all foot and vehicular traffic during 
the least tern nesting season (Donna Brewer, U.S. Fish and Wildlife 
Service, pers. comm., 1991). Dogs and cattle have been restricted from 
some beaches at Point Reyes National Seashore (Gary Page, pers. comm., 
1991), and some beaches on Federal land in Oregon have been closed to 
vehicles to protect plovers and other wildlife (Charles Bruce, pers. 
comm., 1991). Leadbetter Point in Washington (Fish and Wildlife 
Service), a 5-acre spoil disposal site in Coos Bay (Bureau of Land 
Management), and a 25-acre spoil disposal site in Coos Bay (Corps of 
Engineers) are the only nesting sites where human access has been 
restricted in the past specifically for plover nesting. In 1993, at 
Oregon Dunes National Recreation Area, the Forest Service used 
temporary fencing and signing to direct beach visitors away from snowy 
plover nesting areas. At Coos Bay, Oregon, the Corps of Engineers is 
proposing two projects to create or improve plover nesting habitat 
using dredged spoils.

Relationship to Recovery

    Section 2(c)(1) of the Act declares that ``all Federal departments 
and agencies shall seek to conserve endangered and threatened species 
and shall utilize their authorities in furtherance of the purposes of 
this Act.'' Section 3(3) of the Act defines conservation as the use of 
all methods and procedures needed to recover an endangered or 
threatened species to the point at which it no longer needs to be 
listed under the Act. The Act mandates the conservation of listed 
species through different mechanisms, such as section 7 (requiring 
Federal agencies to further the purposes of the Act by carrying out 
conservation programs and insuring that Federal actions will not likely 
jeopardize the continued existence of listed species or result in the 
destruction or adverse modification of designated critical habitat); 
section 9 (prohibition of taking of listed species); section 10 
(wildlife research permits, and other permits based on conservation 
plans); section 6 (cooperative agreements and Federal grants); section 
5 (land acquisition); and research.
    A recovery plan under section 4(f) of the Act is the ``umbrella'' 
that eventually guides all of these activities and promotes species' 
conservation and eventual delisting. Recovery plans provide guidance, 
which may include population goals and identification of areas in need 
of protection or special management, so that the species' status may 
improve to where it may be removed from the list of endangered and 
threatened wildlife and plants. Recovery plans usually include 
management recommendations for areas proposed or designated as critical 
habitat.
    The Service considers the conservation of a species in a 
designation of critical habitat. The designation of critical habitat 
will not, in itself, result in the recovery of the species, but is one 
of several measures available to contribute to conservation of the 
species. Critical habitat helps focus conservation activities by 
identifying areas that contain essential habitat features (primary 
constituent elements) that require special management. The protection 
given critical habitat under section 7 also immediately increases the 
protection given to these primary constituent elements and essential 
areas and preserves options for the long-term conservation of the 
species. The protection of these areas may also shorten the time needed 
to achieve recovery. Designation of critical habitat also heightens the 
awareness of the public and agencies of species conservation needs.
    Designating critical habitat does not create a management plan, 
establish numerical population goals, or prescribe specific management 
actions, and it has no direct effect on areas not designated. Specific 
management recommendations for critical habitat are addressed in 
recovery plans, management plans, and section 7 consultations. Areas 
outside of critical habitat also may have an important role in 
conservation of a listed species. A designation of critical habitat may 
be reevaluated and revised at any time that new information indicates 
changes are warranted. In considering whether to designate critical 
habitat, the Service will evaluate whether land management plans, 
recovery plans, or other conservation strategies have been developed 
and fully implemented that may reduce the need for the additional 
protection provided by a critical habitat designation. [[Page 11771]] 

Critical Habitat

Definition

    Critical habitat, as defined by section 3 of the Act (16 U.S.C. 
1532) means (i) the specific areas within the geographical area 
occupied by a species at the time it is listed on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) which may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by the species at the time it is listed, 
upon determination that such areas are essential for the conservation 
of the species. The term ``conservation'' as defined in section 3(3) of 
the Act, means ``to use and the use of all methods and procedures which 
are necessary to bring any endangered species or threatened species to 
the point at which the measures provided pursuant to this Act are no 
longer necessary.'' 16 U.S.C. 1532(3). Critical habitat, then, is to 
include biologically suitable areas necessary to recovery of the 
species. Critical habitat may be proposed for species that are already 
listed as threatened or endangered. Section 3 further states that in 
most cases the entire range of a species should not be encompassed 
within critical habitat.

Primary Constituent Elements

    The Act requires critical habitat designations to be based on the 
best scientific data available 16 U.S.C. 1533(a)(2). In determining 
what areas are critical habitat, the Service considers those physical 
and biological attributes that are essential to the conservation of the 
species and that may require special management considerations or 
protection. Such requirements include, but are not limited to, the 
following (1) Space for individual and population growth, and normal 
behavior; (2) food, water, or other nutritional or physiological 
requirements; (3) cover or shelter; (4) sites for breeding, 
reproduction, rearing of offspring, germination, or seed dispersal; and 
generally (5) habitats that are protected from disturbance or are 
representative of the historic, geographical, and ecological 
distributions of a species (50 CFR 424.12).
    In considering the designation of critical habitat, the Service 
focuses on the primary physical or biological constituent elements of 
the area that are essential to the conservation of the species (50 CFR 
424.12). Primary constituent elements may include, but are not limited 
to, roost sites, nesting grounds, spawning sites, feeding sites, 
seasonal wetland or dryland, water quality or quantity, host species or 
plant pollinator, geological formation, vegetation type, tide, and 
specific soil types (50 CFR 424.12).
    The proposed designation of critical habitat for the coastal 
population of the western snowy plover is based on the following 
physical and biological features and primary constituent elements:

    * Space for individual and population growth.
    * Food, water, air, light, minerals, and other nutritional or 
physiological requirements.
    * Roost sites.
    * Sites for breeding, reproduction, and rearing of offspring.
    * Habitats (nesting grounds and feeding sites) that are 
protected from disturbance and are representative of the historic 
geographical and ecological distribution of the species.

    For all areas of critical habitat proposed for the plover, these 
physical and biological features and primary constituent elements are 
provided or will be provided by intertidal beaches (between mean low 
water and mean high tide), associated dune systems, and river 
estuaries. Important components of the beach/dune/estuarine ecosystem 
include surf-cast kelp, sparsely vegetated foredunes, interdunal flats, 
spits, washover areas, blowouts, intertidal flats, salt flats, and flat 
rocky outcrops. Several of these components (sparse vegetation, salt 
flats) are mimicked in artificial habitat types used less commonly by 
snowy plovers (i.e., dredge spoil sites and salt ponds and adjoining 
levees). Functional suitability of areas containing the features listed 
above is also contingent upon isolation from human disturbance and 
predation. These attributes are considered essential to the 
conservation of the coastal population of the western snowy plover.
    The primary constituent elements of snowy plover nesting, foraging, 
and roosting habitat could occur on virtually every beach along the 
Pacific coast. Therefore, biologically based criteria were developed as 
a basis for further identifying critical habitat areas and related 
recovery objectives. The key components of site importance as it 
relates to recovery of the species were existing nesting capacity, 
wintering capacity, and geographic location. Those sites in Washington, 
Oregon, and California that currently support the majority of breeding 
and wintering western snowy plovers were initially selected for 
critical habitat designation. Several additional sites in California 
were selected for designation to avoid a large gap in the geographic 
distribution of breeding or wintering birds. Important nesting and 
wintering sites were identified from Page and Stenzel (1981), Page et 
al. (1986), Page et al. (1991), Washington Department of Wildlife 
(1993), and Oregon Department of Fish and Wildlife (1994); and through 
personal communications with professionals in the field.

Proposed Critical Habitat Designation

    The Service has identified 28 critical habitat areas totalling 
approximately 20,000 acres and about 210 miles of coastline, or about 
10 percent of the coastline of California, Oregon, and Washington. Of 
the 28 areas, 19 critical habitat areas are proposed in California, 7 
in Oregon, and 2 in Washington. Within the last decade, these sites 
provided habitat for about 65 percent of nesting and 60 percent of 
wintering western snowy plovers in California; 95 percent of nesting 
and 95 percent of wintering plovers in Oregon; and 100 percent of 
nesting and about 90 percent of wintering plovers in Washington. 
Protection and special management of these sites are essential to 
recovery of the coastal population of the western snowy plover and will 
form the cornerstone of a recovery plan.
    In California, approximately 25 percent of proposed critical 
habitat occurs on Federal lands. About 50 percent of critical habitat 
proposed on non-Federal lands is State-owned, with the California 
Department of Parks and Recreation being the primary land manager. In 
Oregon about 45 percent of proposed critical habitat areas occurs on 
Federal land with the remainder controlled primarily by State agencies. 
Of the two sites proposed in the State of Washington, one is State 
property, and the second includes State lands adjacent to Willapa 
National Wildlife Refuge.
    The Service excluded from proposed critical habitat designation, 
lands that already provide adequate protection for the western snowy 
plover. These sites include lands that provide plover nesting and 
wintering habitat within three National Wildlife Refuge complexes--
Willapa National Wildlife Refuge in Washington, and Salinas National 
Wildlife Refuge and the Southern California Coastal Complex in 
California. Programs currently exist on these refuges to protect snowy 
plovers. Also excluded are lands owned and/or managed by the National 
Park Service. Important plover nesting areas on National Park Service 
lands (such as Santa Rosa Island) are relatively inaccessible by the 
public. Any recreational use impacts or other identifiable impacts on 
breeding and wintering birds or their habitat would [[Page 11772]] be 
covered through the section 7 consultation process. Also excluded are 
key nesting areas on Camp Pendleton in San Diego County, California. A 
programmatic consultation currently underway between the Service and 
the Department of the Navy will address any adverse effects to nesting 
plovers and their habitat. For the above sites, therefore, designation 
of critical habitat would provide no additional benefit to the species. 
Prior to making a final decision on this proposal the Service will 
continue to consider whether existing management provides adequate 
protection for nesting and wintering western snowy plovers. For 
example, we are working with the Resources Agency of California to 
identify California State Park lands in this proposal that are 
currently providing adequate protection for these birds. The Service 
may exclude adequately protected sites from designation.
    The Service also excluded from proposed critical habitat sites that 
would significantly conflict with the survival and recovery objectives 
of other listed species. Significant conflicts were identified between 
the habitat needs of snowy plovers and biological objectives for the 
California clapper rail (Rallus longirostris obsoletus), light-footed 
clapper rail (Rallus longirostris levipes), and salt marsh harvest 
mouse (Reithrodontomys raviventris). The two rails and mouse are 
federally listed endangered species.
    The California clapper rail and salt marsh harvest mouse inhabit 
estuarine marshes of San Francisco Bay. Over 90 percent of historic 
tidal marsh habitat in the Bay has been lost, primarily through the 
development of commercial salt ponds (Josselyn 1983). Western snowy 
plovers have taken advantage of this artificial salt pond habitat, 
primarily in south San Francisco Bay, and nest on levees or islands 
within active salt ponds or in abandoned dry salt ponds. This 
artificial habitat supports the largest subpopulation of snowy plovers 
within its range (Page et al. 1991). This same habitat, with the 
exception of two salt pond sites used by nesting snowy plovers, 
however, is identified in the recovery plan for the California clapper 
rail and salt marsh harvest mouse for restoration to historic tidal 
marsh (U.S. Fish and Wildlife Service 1984; Peter Sorensen, Fish and 
Wildlife Service, pers. comm., 1994).
    The light-footed clapper rail inhabits coastal tidal marshes from 
Santa Barbara County south to Baja California, Mexico. Over two-thirds 
of historic tidal marsh habitat has been lost (Speth 1971) primarily to 
urban development, flood control, and oil development. Several sites in 
Ventura, Orange, and San Diego Counties provide nesting and/or 
wintering habitat for snowy plovers, but also provide high quality 
clapper rail habitat or represent high priority tidal marsh restoration 
sites in the light-footed clapper rail recovery plan (U.S. Fish and 
Wildlife Service 1985). These sites are Bolsa Chica, Agua Hedionda 
Lagoon, Batiquitos Lagoon, San Elijo Lagoon, San Dieguito Lagoon, Los 
Penasquitos Lagoon, the San Diego River mouth, and the marshes of south 
San Diego Bay. Because the light-footed clapper rail is endangered and 
the habitat needs of this species differ significantly from those of 
the western snowy plover, the Service is excluding these sites from 
critical habitat designation.
    Overall, this proposal focuses the primary recovery objectives for 
the western snowy plover on coastal beach and dune habitats, which 
represent a significant proportion of natural nesting and wintering 
habitat of the coastal population of the western snowy plover. These 
natural habitats, therefore, are considered essential to conservation 
of this threatened species. Protection of these sites as well as plover 
habitat on Fish and Wildlife Service, National Park Service, and Navy 
lands at Camp Pendleton will provide added protection for about 76 
percent of nesting and 65 percent of wintering plovers rangewide. Sites 
excluded from critical habitat designation for the various reasons 
given above should not be considered as unnecessary to conservation of 
the species. The recovery plan for the coastal population of the 
western snowy plover will address the value of these areas to species' 
recovery. At the present time, these excluded sites support about 20 
percent of the coastal population of the western snowy plover and 
during the recovery process may provide birds to supplement populations 
in essential breeding and wintering areas. If focusing recovery on the 
28 proposed critical habitat areas proves unattainable, additional 
sites may be proposed as critical habitat in the future to aid in 
recovery of the species.
    At this time, conservation of the Pacific coast population of the 
western snowy plover requires sufficient management efforts at all 
sites proposed as critical habitat. However, new information that may 
be grounds for review of this determination includes, but is not 
limited to, data showing that the species is more or less vulnerable 
than currently thought, a change in the species' status due to 
catastrophic events such as disease or weather, or evidence that 
continuing efforts to conserve the species are insufficient.
    Many of the proposed critical habitat areas include large expanses 
of beach. For proposed sites that support nesting snowy plovers, 
nesting colonies may occupy only a small portion of the proposed 
critical habitat area. The larger critical habitat area is needed, 
however, because foraging occurs throughout the intertidal and foredune 
portions of the beach. Designation of larger critical habitat areas 
also will allow for natural shifting of plover nesting colonies as a 
result of vegetational changes and weather related events that 
reconfigure suitable nesting habitat.
    Regulations governing designation of critical habitat (50 CFR 424 
12(h)) state that critical habitat shall not be designated within 
foreign countries. Although the Pacific coast population of the western 
snowy plover's breeding and wintering range extends into Mexico, no 
critical habitat is proposed outside United States jurisdiction.

Effects of Critical Habitat Designation

    Section 4(b)(8) of the Act requires, for any proposed or final 
regulation that designates critical habitat, a brief description and 
evaluation of those activities (public or private) that may adversely 
modify such habitat or may be affected by such designation. Regulations 
found at 50 CFR 402.02 define destruction or adverse modification of 
critical habitat as a direct or indirect alteration that appreciably 
diminishes the value of critical habitat for both the survival and 
recovery of a listed species. Such alterations include, but are not 
limited to, alterations adversely modifying any of those physical or 
biological features that were the basis for determining the habitat to 
be critical, that is, its primary constituent elements.
    An activity will not adversely modify an area within designated 
critical habitat that does not contain any constituent elements. For 
example, existing areas such as parking lots, paved roads, and various 
kinds of structures within the proposed critical habitat boundaries 
clearly would not furnish habitat or biological features for western 
snowy plovers. Furthermore, some activities would not be restricted by 
critical habitat designation because they would have no significant 
adverse effect on the primary constituent elements.
    Activities that may adversely modify critical habitat are subject 
to regulation under section 7(a) of the Act if they are carried out, 
authorized, or funded by a Federal agency. The purpose of consultations 
between the Service and [[Page 11773]] other Federal agencies is to 
ensure that activities are carried out in a manner that is not likely 
to jeopardize the continued existence of listed species or adversely 
modify or destroy its critical habitat. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act and 50 CFR 402.10 of the 
regulations, require Federal agencies to confer informally with the 
Service on any action that is likely to result in destruction or 
adverse modification of proposed critical habitat.
    Activities areas that could adversely affect proposed critical 
habitat of the coastal population of the western snowy plover fall into 
seven general categories:

    (1) projects or management activities that cause, induce, or 
increase human-associated disturbance on beaches, including 
operation of off-road vehicles on the beach and beach cleaning. 
These activities may reduce the functional suitability of nesting, 
foraging, and roosting areas. Activities that may adversely modify 
critical habitat areas that support wintering birds (September 15-
February 29) include beach cleaning that removes surfcast kelp and 
driftwood, dogs off leash, off-road vehicle driven at night, and 
falcon flying. Activities within posted fenced or otherwise 
protected nesting areas (March 1-September 14) that may adversely 
modify critical habitat areas include camping, off-road vehicle use 
(day or night), walking, jogging, clam digging, pets on or off 
leash, livestock grazing, sunbathing, picnicking, horseback riding, 
hang gliding, kite flying, model airplane flying, beach cleaning, 
and falcon flying in or over active nesting areas. With very few 
exceptions, the nesting area is a small fraction of the entire 
beach. Thus, no more that 5 to 15 percent of the vast majority of 
the units would be removed from these kinds of public uses during 
the breeding season. The Service would work with landowners to 
develop signs or fencing or other means to protect these small 
nesting areas. Furthermore, western snowy plovers occupy the soft 
sandy portions of the upper beach or foredunes, and people tend to 
prefer lower beach or sand that is regularly washed by the tides. On 
a case by case basis, the few restrictions could be removed after 
the plovers had finished breeding or left wintering grounds.
     (2) actions that would promote unnatural rates or sources of 
predation. For example, producing human-generated litter that 
attracts predators, or designing exclosures that promote perching by 
avian predators may adversely modify critical habitat by reducing 
its functional suitability to support nesting snowy plovers.
    (3) actions that would promote the invasion of non-native 
vegetation.
    (4) activities associated with maintenance and operation of salt 
ponds. Activities that may adversely modify or destroy critical 
habitat when conducted during the snowy plover nesting season 
include flooding inactive salt ponds; raising the water level in 
active salt ponds; grading, resurfacing, riprapping, or placing 
dredged spoils on levees; and driving maintenance vehicles on 
levees. However, levee maintenance activities also may benefit snowy 
plovers by providing vegetation-free habitat for nesting. The 
Service would work with landowners to avoid harmful activities 
during the breeding season.
    (5) dredge spoil disposal activities that may adversely modify 
critical habitat when conducted during the nesting season include 
deposition of spoil material, laying of pipes to transport the 
material, and use of machinery to spread the material. However, 
dredge spoil disposal sites also may benefit snowy plovers by 
providing nesting habitat free of European beachgrass. The Service 
would work with landowners to avoid harmful activities during the 
breeding season.
    (6) shoreline erosion control projects and activities that may 
alter the topography of the beach. Activities that may adversely 
modify or destroy nesting, foraging, and roosting habitat include 
beach nourishment (sand deposition, spreading of sand with 
machinery); construction of breakwaters and jetties (interruption of 
sand deposition); dune stabilization using native and non-native 
vegetation or fencing (decreased beach width, increased beach slope, 
reduction in blowouts and other preferred nesting habitat); beach 
leveling (increased tidal reach, removal of sparse vegetation used 
by chicks for shelter, destruction of rackline feeding habitat). 
Beach nourishment projects, however, also may have the potential to 
benefit nesting or wintering plover habitat on some sites 
experiencing serious erosion. The Service would work with landowners 
to avoid harmful activities when the birds are present.
    (7) contamination events. Contamination through oil spills or 
chemical releases may adversely modify critical habitat by 
contaminating snowy plovers and/or their food sources.

    Federal agencies that may be required to consult with the Service 
on one or more of these activities include the Forest Service, Bureau 
of Land Management, Federal Aviation Administration, and the 
Departments of the Army (including the Corps of Engineers), Navy, and 
Air Force.
    In addition several other species that are listed under the Act 
occur in the same general areas as western snowy plovers. These species 
share the coastal beach/dune/estuarine ecosystem with snowy plovers. 
All of these species occurred historically in association with western 
snowy plovers in this Pacific coast ecosystem, and thus, the habitat 
requirements of these species do not significantly conflict with those 
of the snowy plover. Therefore, any plans prepared for sites designated 
as critical habitat for the snowy plover should be considered ecosystem 
management plans that accommodate needs of other listed or proposed 
species that also occur on the site. In doing so, these proposed snowy 
plover critical habitat areas more aptly represent critical habitat for 
a multitude of species inhabiting the coastal beach/dune/estuarine 
ecosystem. Federal agencies proposing management actions for other 
listed species may affect critical habitat for the western snowy plover 
and be required to initiate formal consultation under section 7 of the 
Act. Conversely, proposed management actions for the benefit of the 
plover or its habitat may affect other listed species. The Service will 
work with other Federal agencies to develop ecosystem plans that 
provide for the needs of all listed species.
    When the Service issues an opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, the Service also provides reasonable and prudent alternatives 
to the project, if any are identifiable. Reasonable and prudent 
alternatives are defined at 50 CFR 402.02 as alternative actions 
identified during formal consultation that can be implemented in a 
manner consistent with the intended purpose of the action, that are 
consistent with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that the Director believes would avoid resulting in the destruction or 
adverse modification of critical habitat. Reasonable and prudent 
alternatives can vary from slight project modifications to extensive 
redesign or relocation of the project. Costs associated with 
implementing a reasonable and prudent alternative are similarly 
variable.

Consideration of Economic and Other Factors

    Section 4(b)(2) of the Act requires the Service to consider 
economic and other impacts of designating any particular area as 
critical habitat. For example, beneficial impacts of critical habitat 
designation may include (1) a clear notification to Federal agencies 
and the public of the existence and importance of critical habitat, (2) 
voluntary increased protection of snowy plovers on some private lands, 
(3) stimulation of additional attention to the requirements of section 
9 of the Act by private, municipal, county, and state landowners, (4) 
additional protection for other listed and non-listed species that 
occur in areas designated as critical habitat for the snowy plover, and 
(5) preservation of the beach-dune-estuarine ecosystem. Section 4(b)(2) 
authorizes the Service to exclude any area from critical habitat 
designation if the Service determines the benefits of excluding the 
area outweigh the benefits of including it, except that the Service 
[[Page 11774]] may not exclude an area if the Service determines that 
doing so would result in extinction of the species. Pursuant to 50 CFR 
424.19, the Service will consider the economic and other relevant 
impacts of designating of critical habitat for the coastal population 
of the western snowy plover.

Economic Analysis

    The economic analysis is designed to provide information to assist 
in making determinations about areas which may be excluded from 
critical habitat. It is conducted by examining how a designation of 
critical habitat for the snowy plover would be expected to affect the 
use of Federal lands as well as non-Federal activities authorized or 
funded by Federal agencies. Activities on private or state-owned lands 
that do not involve Federal permits, funding or other Federal actions 
would not be restricted by a designation of critical habitat.
    The economic analysis distinguishes between economic effects caused 
by the listing of the snowy plover as threatened and those that would 
be caused by the proposed designation of critical habitat. Furthermore, 
if a proposed action would otherwise have been limited or prohibited by 
another statute or regulation, such as the Clean Water Act, those 
economic effects would not be attributable to either listing or 
critical habitat designation under the Endangered Species Act.
    Economic effects are the costs or benefits to society of precluding 
or limiting specific land uses in areas being considered for 
designation as critical habitat. Economic effects are categorized as 
either efficiency or distributional. Economic efficiency effects are 
those consequences of critical habitat designation that cause changes 
in national income. Economic distribution effects pertain to regional 
changes that may have offsetting effects elsewhere in the national 
economy. Efficiency effects are used primarily to determine whether an 
action is economically sound and whether expected benefits exceed 
costs. Distributional effects are used to evaluate regional and local 
economic impacts.

Consultation Under Section 7 of the Endangered Species Act

    Section 7 of the Act (16 USC 1536), requires Federal agencies to 
insure that activities they fund, authorize, or carry out are not 
likely to jeopardize the continued existence of listed species or 
result in destruction or adverse modification of critical habitat. 
Jeopardy is defined at 50 CFR 402.02 as any action reasonably expected 
to reduce appreciably the likelihood of both the survival and recovery 
of the species in the wild by reducing its reproduction, numbers, or 
distribution. Destruction or adverse modification of critical habitat 
is defined at 50 CFR 402.02 as any direct or indirect alteration that 
appreciably diminishes the value of critical habitat for both the 
survival and recovery of the species.
    Under section 7, a Federal agency must consult with the Service if 
it determines that an action may affect a listed species or its 
critical habitat. During consultation, the Service reviews the agency's 
proposed action and prepares a biological opinion as to whether that 
action is likely to jeopardize the continued existence of the species 
or destroy or adversely modify its critical habitat.
    In cases where species are listed without critical habitat, the 
Service determines only whether the proposed action is likely to 
jeopardize the continued existence of the species. In cases where 
critical habitat has been designated, the Service also determines 
whether the proposed action is likely to destroy or adversely modify 
critical habitat. The additional requirement for Federal agencies to 
avoid destruction and adverse modification of critical habitat may 
result in incremental restrictions on agency actions beyond those 
required to avoid jeopardy or for other statutory or regulatory 
purposes.
    The incremental restrictions arising from section 7 consultations 
on destruction or adverse modification are the only way that 
designating critical habitat produces an economic impact. To isolate 
that incremental impact, total economic effects of limitations on a 
proposed action within critical habitat must be apportioned between a 
species listing (jeopardy, take prohibitions, etc.) and critical 
habitat designation (destruction or adverse modifications).
    If the action is found to jeopardize the continued existence of the 
species or destroy or adversely modify its critical habitat, the 
Service is required to provide, to the extent possible, reasonable and 
prudent alternatives to the proposed action. By definition, reasonable 
and prudent alternatives allow the proposed action to go forward while 
removing the conditions that jeopardize the species or destroy or 
adversely modify its critical habitat. For the snowy plover, the 
Service believes that reasonable and prudent alternatives developed as 
part of consultation will allow most activities to continue, subject to 
some limitations. Such alternatives might include fencing or seasonal 
closure of certain areas to human uses, as well as changes in beach 
erosion control or dredging plans.
    Determination of whether an action will result in jeopardy and/or 
adverse modification is dependent upon a number of factors, such as the 
type of project, its size, location, and duration. In many cases, 
sufficient management actions will permit agencies to avoid adverse 
modification with little or no effect on their activities. The Service 
believes that, in the case of the snowy plover, the large majority of 
economic impacts as a result of section 7 consultation will occur as a 
result of listing, through the application of the jeopardy standard and 
incidental take prohibitions.

Framework of Analysis

    The economic analysis examines the costs and benefits of precluding 
or limiting specific land uses within areas designated as critical 
habitat. It is cast in a ``with'' critical habitat versus a ``without'' 
critical habitat framework and seeks to measure the net change in the 
various categories of benefits and costs when the critical habitat 
designation is imposed on the existing baseline.

National and Regional Effects

    The economic effects of critical habitat designation consist of 
those affecting national income and those that are important on a local 
or regional level.
    National economic (efficiency) costs represent changes in national 
income (the total value of goods and services). They are measured as 
changes in consumer surplus and producer surplus (economic rent). 
Economic efficiency analysis seeks to maximize national income from a 
given resource base. Gains and losses in recreation values, increased 
costs imposed on management agencies or development projects, loss of 
earnings by displaced labor or capital assets, and changes in revenue 
from user fees (beach user fees, etc.) are typical national economic 
costs of critical habitat designation. The economic cost of designating 
critical habitat includes any additional costs that would be imposed, 
regardless of whether they are incurred by a Federal agency, a state 
agency or the private sector so long as they stem from a section 7 
consultation regarding destruction or adverse modification of the 
habitat proposed to be designated.
    Regional economic (distributional) impacts represent transfers 
between people, groups, or geographic regions, with no net effect on 
the national total. Distributional impacts relate to equity and 
fairness considerations and deal [[Page 11775]] primarily with how 
income and wealth are divided among regions and groups. Changes in 
employment, household income and local or state tax revenues are 
frequently used to portray regional effects.

A Net-Cost With and With-out Approach

    Designation of critical habitat will often result in both economic 
gains and losses. Careful application of a with and without analytical 
framework will help to distinguish between the two. For example, with 
critical habitat recreation such as bird watching may be preserved that 
otherwise would have been lost because of a development project or 
continued habitat loss. The national economic value of the preserved 
recreation and the regional jobs and household income it produces are 
gains, or benefits, of designation. Without critical habitat, an area 
may have been used for developed recreational purposes, but critical 
habitat designation would prohibit those uses. The values and jobs 
associated with that now precluded use become a loss (benefit foregone) 
due to critical habitat designation. It is the net effect of these 
changes in both the national and regional accounts that is important. 
Describing what probably would have happened to an area of potential 
critical habitat in both the with and without scenarios, both currently 
and in the future, is an important part of the analysis. The 
availability of data limits quantification of the net effects in many 
instances.

Baseline for Analysis

    As noted earlier, the economic effects of critical habitat 
designation are incremental to those already created by the Clean Water 
Act and other statutes, and by listing the snowy plover as threatened. 
Actions taken for those other purposes establish the baseline for this 
analysis. It is the marginal increase in species protection provided by 
designation of critical habitat and the marginal change in costs, 
regional impacts, and benefits that the designation produces that are 
relevant to this analysis.

Data Requirements

    The Service has notified Federal agencies having jurisdiction over 
the areas being proposed as critical and asked them to estimate the 
effect of designation on their activities. Each agency was sent 
detailed maps and legal descriptions of the proposed areas and asked to 
identify areas for which they were responsible. They were then asked to 
provide detailed descriptions of activities on those areas that may be 
affected by critical habitat designation, in three situations:
    Without Listing: Activities that would have been taking place in 
the proposed area if there had been no listing of the snowy plover as 
threatened.
    With Listing: Activities that would be taking place once any 
existing or anticipated restrictions to avoid jeopardy decisions in 
section 7 consultations were put in place. This level of activity 
becomes the baseline for evaluation of the incremental effect of 
critical habitat designation.
    With Critical Habitat: Activities expected to take place once any 
anticipated restrictions to avoid adverse modification decisions in 
section 7 consultations were put in place. The difference between this 
level and the With-Listing level is the impact attributable to 
designating critical habitat.
    Land management agencies were asked to quantify their responses as 
much as possible in terms of days of beach use, cattle grazing, etc., 
and to estimate any change in their operational costs as a result of 
listing and of designating critical habitat. Other Federal agencies 
that may be affected by critical habitat through their regulatory or 
funding roles were also sent maps and legal descriptions of the 
proposed critical habitat and were asked if any of the areas were 
involved in pending or anticipated permit or funding actions. Responses 
to those requests will form the empirical basis of the economic 
analysis. The Service is also seeking information about such possible 
actions during the public comment period.

The Exclusion Process

    This section summarizes the procedure that will be followed prior 
to a final rule in determining whether or not to exclude an area (or 
areas) from designation as critical habitat for the western snowy 
plover. The criteria used to help reach a determination and the steps 
followed are described below.
    Section 3(5)(A) of the Endangered Species Act of 1973 (Act), as 
amended, generally defines critical habitat as:


    (i) The specific areas within the geographical area occupied by 
the species, at the time it is listed * * * on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) which may require special management 
considerations or protection.


    Section 3 further states that in most cases critical habitat will 
not encompass the entire range of the species. The Act also directs the 
Secretary to consider economic and other relevant impacts in the 
designation of critical habitat. Section 4(b)(2) states:


    The Secretary shall designate critical habitat, and make 
revisions thereto * * * on the basis of the best scientific data 
available and after taking into consideration the economic impact, 
and any other relevant impact, of specifying any particular area as 
critical habitat. The Secretary may exclude any area from critical 
habitat if he determines that the benefits of such exclusion 
outweigh the benefits of specifying such area as part of the 
critical habitat, unless he determines, based on the best scientific 
and commercial data available, that the failure to designate such 
area as critical habitat will result in the extinction of the 
species concerned.


    Exclusion of an area as critical habitat would only eliminate the 
protection provided by the destruction or adverse modification standard 
of section 7; it would not alleviate the need to comply with other 
requirements of the Act in that area, such as section 7 consultation on 
jeopardy and section 9 prohibitions on take. These requirements would 
apply regardless of whether or not critical habitat is designated for a 
particular area.
    The authority to make determinations under section 4(b)(2) of the 
Act has been delegated to the Director of the Fish and Wildlife 
Service. Implementation of section 4(b)(2) requires three 
determinations: (1) The conservation benefits to the species of 
including an area as critical habitat, (2) the economic and other costs 
of including an area, and (3) the cumulative effects of exclusions on 
the probability of species extinction. If the exclusion of an area or 
areas from critical habitat would result in species extinction, then 
exclusion of the critical habitat area(s) would not be authorized under 
the Act.
    The process used to evaluate critical habitat areas to determine 
whether the benefits of exclusion outweigh the benefits of inclusion as 
critical habitat can be summarized in several sequential steps:

Step 1  Identify areas that meet the definition of critical habitat in 
section 3(5) of the Act.
Step 2  Conduct an economic analysis to determine the anticipated 
economic consequences of designating areas as critical habitat.
Step 3  Identify the applicable economic, biological, and other 
information that need to be considered to determine whether to retain, 
exclude, or modify areas as critical habitat.

    For the western snowy plover, the Service is proposing specific 
critical habitat areas that the Service believes are essential to the 
plovers' conservation. The biological value and [[Page 11776]] roles of 
each area in providing conservation benefits to the snowy plover have 
been identified in preparing the proposal. An economic analysis will be 
completed which estimates the potential economic effects of proposing 
critical habitat. The steps followed by the Service in designating 
critical habitat and in assessing the potential economic effects 
associated with a designation of the proposed areas will be fully 
described in the final rule and in the economic analysis report.

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible in the 
conservation of endangered or threatened species and the protection of 
critical habitat. Therefore, comments or suggestions from the public, 
other concerned governmental agencies, the scientific community, 
industry, or any other interested party concerning this proposed rule 
are hereby solicited. Comments particularly are sought concerning:
    (1) Reasons why any habitat (either existing or additional areas) 
should or should not be determined to be critical habitat as provided 
by section 4 of the Act;
    (2) Current or planned activities and their possible impacts on 
proposed critical habitat areas;
    (3) Any foreseeable economic and other impacts resulting from the 
proposed designation of critical habitat;
    (4) Economic values associated with benefits of designating 
critical habitat for the coastal population of the western snowy 
plover; and
    (5) Information the Service might use, under section 4(b)(2) of the 
Act, in determining whether the benefits of excluding an area from 
critical habitat outweigh the benefits of specifying the area as 
critical habitat.
    Any final decision on this proposal will take into consideration 
the comments and any additional information received by the Service 
during the 60-day comment period following publication of this proposed 
rule. The final decision on designation of critical habitat also will 
include any exclusion determinations.
    The Endangered Species Act provides for a public hearing on this 
proposal, if requested. Requests must be received within 45 days of the 
date of publication of this proposal in the Federal Register. Such 
requests must be made in writing and should be sent to the Field 
Supervisor, Sacramento Field Office (see ADDRESSES section).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment and/or an Environmental Impact Statement, as defined under 
the authority of the National Environmental Policy Act of 1969, need 
not be prepared in connection with regulations adopted pursuant to 
section 4(a) of the Endangered Species Act of 1973, as amended. A 
notice outlining the Service's reasons for this determination was 
published in the Federal Register on October 25, 1983 (48 FR 49244).

Executive Order 12866 and Regulatory Flexibility Act

    This rule was reviewed by the Office of Management and Budget under 
Executive Order 12866. Based on the information discussed in this rule 
concerning public projects and private activities within critical 
habitat areas, there are no significant economic impacts resulting from 
the critical habitat designation. There are a limited number of actions 
on private land that have Federal involvement through funds or permits 
that may be affected by critical habitat designation. Also, no direct 
costs, enforcement costs, information collection, or recordkeeping 
requirements are imposed on small entities by this designation. 
Further, the rule contains no recordkeeping requirements as defined by 
the Paperwork Reduction Act of 1990. This rule does not require a 
Federalism assessment under Executive Order 12612 because it would not 
have any significant federalism effects as described in the order.

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Service, Willapa National Wildlife Refuge, Ilwaco, Washington. 14 
pp.
Wiedemann, A.M. 1987. The ecology of European beachgrass (Ammophila 
arenaria (L.) Link). A review of the literature. Oregon Department 
of Fish and Wildlife Nongame Wildlife Program Technical Report #87-
1-01. 18 pp.
Wilson, R.A. 1980. Snowy plover nesting ecology on the Oregon coast. 
M.S. Thesis, Oregon State Univ., Corvallis, Oregon. 41 pp.
Wilson-Jacobs, R. and G.L. Dorsey. 1985. Snowy plover use of Coos 
Bay north spit, Oregon. Murrelet 66(3):75-81.
Wilson-Jacobs, R. and E.C. Meslow. 1984. Distribution, abundance, 
and nesting characteristics of snowy plovers on the Oregon coast. 
Northwest Science 58(1):40-48.
Woolington, M.C. 1985. A preliminary investigation of the effect of 
recreational use on nesting snowy plovers at Sutton and Siltcoos 
beach areas, Oregon. Oregon Department of Fish and Wildlife Nongame 
Program. 37 pp.
    Author: The primary author of this proposed rule is Karen J. 
Miller, U.S. Fish and Wildlife Service, Sacramento Field Office, 
2800 Cottage Way, Room E-1803, Sacramento, California 95825-1846 
(916/979-2725).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

    Accordingly, it is hereby proposed to amend part 17, subchapter B 
of chapter I, title 50 of the Code of Federal Regulations, as set forth 
below:

PART 17--[AMENDED]

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

    Authority: 16 USC 1361-1407; 16 USC 1531-1544; 16 USC 4201-4245; 
Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.


Sec. 17.11  [Amended]

    2. It is proposed to amend Sec. 17.11(h) by revising the ``critical 
habitat'' entry for ``Plover, western snowy'', under BIRDS, to read 
17.95(b).
    3. It is proposed to amend Sec. 17.95(b) by adding, in the same 
alphabetical order as the species occurs in Sec. 17.11(h), critical 
habitat of the Pacific coast population of the western snowy plover 
(Charadrius alexandrinus nivosus) to read as follows.


Sec. 17.95  Critical habitat--fish and wildlife.

* * * * *
    (b) * * *
* * * * *
Western Snowy Plover (Charadrius alexandrinus nivosus)
[GRAPHIC][TIFF OMITTED]TP02MR95.000


    Washington. Areas of land and water as follows:

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

    Beginning at 46 deg.55'55'' N, 124 deg.09'07'' W, thence 
northwesterly following the property line of the Oyhut Wildlife 
Recreation Area to 46 deg.55'58'' N, 124 deg.09'14'' W, thence 
northwesterly to 46 deg.56'12'' N, 124 deg.09'16'' W, thence 
northeasterly to 46 deg.56'27'' N, 124 deg.09'11'' W, thence 
northeasterly to 46 deg.56'52'' N, 124 deg.08'02'' W, thence east to 
MLW, thence southeasterly, southerly, and southwesterly following 
MLW around Damon Point to a point directly east of the point of 
beginning, thence west to the point of beginning. (Point Brown and 
                                     Westport USGS 7.5'' Quads 1983)
[[Page 11778]]

[GRAPHIC][TIFF OMITTED]TP02MR95.001



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

    Beginning at 46 deg.36'22'' N, 124 deg.03'51'' W, thence 
northeasterly to 46 deg.37'38'' N, 124 deg.03'55'' W, thence 
northeasterly to 46 deg.38'30'' N, 124 deg.03'01'' W, thence 
southeasterly to 46 deg.37'58'' N, 124 deg.02'05'' W, thence 
southwesterly to 46 deg.37'48'' N, 124 deg.02'20'' W, thence south 
to MLW, thence northeasterly around the north end of Leadbetter 
Point, thence southerly following MLW to a point directly west of 
the point of beginning, thence east to the point of beginning. 
Excludes all U.S. Fish and Wildlife Service property. (North Cove 
and Oysterville USGS 7.5'' Quads 1984)
[GRAPHIC][TIFF OMITTED]TP02MR95.002


    Oregon. Areas of land and water as follows:

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

    Beginning at 45 deg.33'57''N, 123 deg.56'50''W, thence north to 
MLW, thence southeasterly following MLW to 45 deg.33'42''N, 
123 deg.56'21''W, thence southerly to 45 deg.33'28''N, 
123 deg.56'18''W, thence southwesterly to 45 deg.33'12''N, 
123 deg.56'45''W, thence southerly following the easterly edge of 
the sand depicted on the topographic map as a dashed line to 
45 deg.32'28''N, 123 deg.56'54''W, thence southerly to 
45 deg.32'23''N, 123 deg.56'56''W, thence southerly following the 
easterly edge of the sand depicted on the topographic map as a 
dashed line to 45 deg.30'21''N, 123 deg.57'21''W, thence west to 
MLW, thence northerly following MLW to the toe of the South Jetty, 
thence directly west to the point of beginning. (Garibaldi USGS 
                                                    7.5'' Quad 1985)
[[Page 11779]]

[GRAPHIC][TIFF OMITTED]TP02MR95.003



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

    Beginning at 44 deg.06'15''N, 124 deg.07'20''W, thence southerly 
to 44 deg.05'51''N, 124 deg.07'18''W, thence southerly to 
44 deg.05'15''N, 124 deg.07'26''W, thence southerly to 
44 deg.04'10''N, 124 deg.07'35''W, thence southeasterly to 
44 deg.04'03''N, 124 deg.07'23''W, thence southerly following the 
east edge of the sand depicted on the topographic map as a dashed 
line to 44 deg.02'50''N, 124 deg.07'53''W, thence westerly to 
44 deg.02'50''N, 124 deg.07'57''W, thence southerly to 
44 deg.01'08''N, 124 deg.08'19''W, thence westerly following the 
northerly toe of the North Jetty to MLW, thence northerly following 
MLW to a point directly west of the point of beginning, thence east 
       to the point of beginning. (Mercer Lake USGS 7.5'' Quad 1984)
[[Page 11780]]

[GRAPHIC][TIFF OMITTED]TP02MR95.004



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

    Beginning at 44 deg.00'59''N, 124 deg.08'15''W, thence easterly 
following the toe of the South Jetty to 44 deg.00'54''N, 
124 deg.08'01''W, thence southwesterly to 44 deg.00'49''N, 
124 deg.08'06''W, thence southerly to 44 deg.00'00''N, 
124 deg.08'06''W, thence southerly following 25 ft. east of road to 
43 deg.57'23''N, 124 deg.08'27''W, thence southerly to 
43 deg.52'55''N, 124 deg.09 deg.10''W, thence southeasterly to 
43 deg.52'46''N, 124 deg.08'58''W, thence southerly to 
43 deg.52'38''N, 124 deg.08'58''W, thence west to MLW, thence 
southerly and westerly following MLW around the southern end of the 
spit, thence northerly following MLW to a point directly west of the 
point of beginning, thence east to the point of beginning. (Mercer 
    Lake, Goose Pasture, and Tahkenitch Creek USGS 7.5'' Quads 1984)
[[Page 11781]]

[GRAPHIC][TIFF OMITTED]TP02MR95.005



OR-4. Siltcoos River to Threemile Creek, Lane and Douglas County (Index 
Map 1)

    Beginning at 43 deg.52'29''N, 124 deg.08'55''W, thence 
southwesterly to 43 deg.52'13''N, 124 deg.09'11''W, thence westerly 
to 43 deg.52'12''N, 124 deg.09'18''W, thence southerly to 
43 deg.49'02''N, 124 deg.09'52''W, thence east to 43 deg.49'02''N, 
124 deg.09'43''W, thence southerly to 43 deg.47'08''N, 
124 deg.10'04''W, thence southwesterly to 43 deg.47'00''N, 
124 deg.10'16N'W, thence southerly to 43 deg.45'00''N, 
124 deg.10'42''W, thence west to MLW, thence northerly following MLW 
to a point directly north of the point of beginning, thence south to 
the point of beginning. (Goose Pasture and Tahkenitch Creek USGS 
                                                    7.5'' Quad 1984)
[[Page 11782]]

[GRAPHIC][TIFF OMITTED]TP02MR95.006



OR-5. Umpqua River to Horsfall Beach, Douglas and Coos County (Index 
Map 1)

    Beginning at 43 deg.39#51## N, 124 deg.12#25## W, thence 
southerly to 43 deg.39#36## N, 124 deg.12#25## W, thence southerly 
to 43 deg.38#40## N, 124 deg.12#29## W, thence southerly following 
25 ft. east of road to 43 deg.37#30## N, 124 deg.12#46## W, thence 
southwesterly to 43 deg.34#39## N, 124 deg.13#34## W, thence 
southwesterly to 43 deg.34#00## N, 124 deg.13#46## W, thence 
easterly to 43 deg.33#58## N, 124 deg.13#26## W, thence 
southwesterly to 43 deg.33#29## N, 124 deg.13#37## W, thence 
westerly to 43 deg. 33#26## N, 124 deg.13#53## W, thence 
southwesterly following 20 ft. contour to 43 deg.30#00## N, 
124 deg.15#16## W, thence southwesterly to 43 deg.27#08## N, 
124 deg.16#36## W, thence west to MLW, thence northeasterly 
following MLW to the southern toe of South Jetty, thence northeast 
to the point of beginning. (Winchester Bay and Lakeside USGS 7.5## 
                        Quads 1985, and Empire USGS 7.5'' Quad 1970)
[[Page 11783]]

[GRAPHIC][TIFF OMITTED]TP02MR95.007



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

Unit 1
    Beginning at 43 deg.27#08## N, 124 deg.16#36## W, thence 
southwesterly following 20 ft. contour to 43 deg.25#34## N, 
124 deg.17#27## W, thence southwesterly following 20 ft. contour to 
43 deg.22#23## N, 124 deg.19#25## W, thence east to MLW, thence 
southerly and westerly following MLW around the southern tip of the 
north spit, thence northeasterly following MLW to a point directly 
west of the point of beginning, thence east to the point of 
beginning. (Empire and Charleston USGS 7.5'' Quads 1970)
Unit 2
    Beginning at 43 deg.25#02## N, 124 deg.16#12## W, thence 
southeasterly to 43 deg.24#51## N, 124 deg.16#18## W, thence east to 
MLW, thence southerly following MLW to a point directly east of 
43 deg.24#44## N, 124 deg.16#18## W, thence west to said point, 
thence westerly to 43 deg.24#44## N, 124 deg.17#01## W, thence 
northeasterly to 43 deg.24# 57## N, 124 deg.17#00## W, thence 
northwesterly to 43 deg.24#54## N, 124 deg.17#04## W, thence 
northeasterly to the point of beginning. (Empire USGS 7.5'' Quad 
1970)
Unit 3
    Beginning at 43 deg.21#05## N, 124 deg.20#26## W, thence 
southwesterly to 43 deg.20#39## N, 124 deg.20#54## W, thence 
southwesterly to 43 deg.21#21## N, 124 deg.21#21## W, thence north 
to MLW, thence northeasterly following MLW to the southern toe of 
the South Jetty, thence easterly following the toe of the South 
  Jetty to the point of beginning. (Charleston USGS 7.5'' Quad 1970)
[[Page 11784]]

[GRAPHIC][TIFF OMITTED]TP02MR95.008



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

    Beginning at 43 deg.04'14''N, 124 deg.26'01''W, thence southerly 
to 43 deg.03'22''N, 124 deg.26'10''W, thence southerly to 
43 deg.02'42''N, 124 deg.26'16''W, thence southerly to 
43 deg.01'42''N, 124 deg.26'26''W, thence southwesterly to 
43 deg.00'56''N, 124 deg.26'58''W, thence southwesterly to 
43 deg.00'00''N, 124 deg.27'17''W, thence southerly to 
42 deg.59'27''N, 124 deg.27'25''W, thence southwesterly to 
42 deg.57'16''N, 124 deg.28'24''W, thence southwesterly to 
42 deg.55'52''N, 124 deg.29'09''W, thence southwesterly to 
42 deg.54'48''N, 124 deg.30'00''W, thence southwesterly to 
42 deg.54'10''N, 124 deg.30'22''W, thence southwesterly to 
42 deg.53'42''N, 124 deg.30'49''W, thence west to MLW, thence 
northeasterly following MLW to a point directly west of the point of 
beginning, thence east to the point of beginning. (Floras Lake and 
    Langlois USGS 7.5'' Quads 1986, and Bandon USGS 7.5'' Quad 1970)
[[Page 11785]]

[GRAPHIC][TIFF OMITTED]TP02MR95.009


[[Page 11786]]

[GRAPHIC][TIFF OMITTED]TP02MR95.010


    California. Areas of land and water as follows:

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

Unit 1--Stone Lagoon

    Beginning at 41 deg.15'33''N, 124 deg.05'54''W, thence south and 
east following the west side of the access road to Dry Lagoon State 
Park to 41 deg.15'29''N, 124 deg.05'49''W, thence southwesterly 
following the high water line of Stone Lagoon to 41 deg.14'42''N, 
124 deg.06'08''W, thence southwesterly to 41 deg.14'40''N, 
124 deg.06'10''W, thence southwesterly following the 40-foot contour 
line to 41 deg.14'14''N, 124 deg.06'21''W, thence west to MLW, 
thence northeasterly following MLW to a point directly west of the 
point of beginning, thence east to the point of beginning. (Orick 
and Rodgers Peak USGS 7.5'' Quads 1966)
[GRAPHIC][TIFF OMITTED]TP02MR95.011



Unit 2--Big Lagoon

    Beginning at 41 deg.13'00''N, 124 deg.06'39''W, thence southerly 
following the 40-foot contour line to 41 deg.12'47''N, 
124 deg.06'40''W, thence southerly following the Big Lagoon State 
Park property line to 41 deg.12'39''N, 124 deg.06'40'''W, thence 
northwesterly and southwesterly following the high water line of Big 
Lagoon to 41 deg.09'54''N, 124 deg.07'49''W, thence southwesterly 
following the Big Lagoon State Park property line to 
41 deg.09'49''N, 124 deg.08'00''W, thence west to MLW, thence 
northeasterly following MLW to a point directly west of the point of 
beginning, thence east to the point of beginning. (Rodgers Peak USGS 
                  7.5'' Quad 1966 and Trinidad USGS 7.5'' Quad 1978)
[[Page 11787]]

[GRAPHIC][TIFF OMITTED]TP02MR95.012



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

Unit 1--Eel River North

    Beginning at 40 deg.41'51''N, 124 deg.16'27''W, thence 
southwesterly to 40 deg.40'11''N, 124 deg.17'30''W, thence south to 
MLW, thence southerly following MLW around the south end of the 
split, thence north following MLW to a point directly west of the 
point of beginning, thence east to the point of beginning. (Cannibal 
Island USGS 7.5'' Quad 1972)
[GRAPHIC][TIFF OMITTED]TP02MR95.013


[[Page 11788]]

Unit 2--Eel River South

    Beginning at 40 deg.34'29''N, 124 deg.21'01''W, thence west to 
MLW, thence northeasterly following MLW to a point directly west of 
40 deg.38'28''N, 124 deg.18'42''W, thence east to said point, thence 
east to MHW of the left bank of the Eel and Salt Rivers, thence 
southwesterly following MHW of the left bank of the Salt River to 
40 deg.37'54''N, 124 deg.18'52''W, thence southerly to 
40 deg.37'38''N, 124 deg.18'53''W, thence southwesterly to 
40 deg.37'14''N, 124 deg.19'25''W, thence southwesterly to 
40 deg.36'44''N, 124 deg.19'36''W, thence southwesterly to 
40 deg.34'29''N, 124 deg.20'56''W, thence westerly to the point of 
beginning. (Cannibal Island and Ferndale USGS 7.5'' Quads 1972)
[GRAPHIC][TIFF OMITTED]TP02MR95.014



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

Unit 1--Bodega Harbor

    Beginning at 38 deg.18'51''N, 123 deg.03'02''W, at MHW on Doran 
Spit, thence north to 38 deg.19'30''N, 123 deg.03'02''W, thence east 
to 38 deg.19'30''N, 123 deg.02'38''W, thence southeasterly to 
38 deg.19'22''N, 123 deg.02'26''W, thence southerly to 
38 deg.19'13''N, 123 deg.02'20''W, on the MHW line of Bodega Harbor, 
thence southerly and westerly following MHW to the point of 
beginning. (Bodega Head USGS 7.5'' Quad 1972)

Unit 2--Doran Beach

    Beginning at 38 deg.18'22'' N, 123 deg.03'09''W, at the west end 
of the North Jetty, thence east to MLW, thence northerly and 
easterly following MLW to a point directly south of 38 deg.18'44''N, 
123 deg.01'36''W, thence north to said point, thence northwesterly 
to 38 deg.18'52''N, 123 deg.02'07''W, thence westerly to 
38 deg.18'51''N, 123 deg.02'34''W, thence southwesterly to 
38 deg.18'42''N, 123 deg.03'01''W, thence southwesterly to 
38 deg.18'34''N, 123 deg.03'08''W, thence southerly to the point of 
beginning. (Bodega Head USGS 7.5'' Quad 1972)
[GRAPHIC][TIFF OMITTED]TP02MR95.015


[[Page 11789]]

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

    Beginning at 38 deg.14'57''N, 122 deg.57'58''W, thence southerly 
to 38 deg.14'31''N, 122 deg.58'01''W, thence southwesterly to 
38 deg.13'57''N, 122 deg.58'15''W, thence southeasterly to 
38 deg.13'21''N, 122 deg.58'12''W, thence south to MLW, thence 
northwesterly and northerly to a point directly west of the point of 
beginning, thence east to the point of beginning. (Tomales USGS 
7.5'' Quad 1971)
[GRAPHIC][TIFF OMITTED]TP02MR95.016


[GRAPHIC][TIFF OMITTED]TP02MR95.017



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

    Beginning at 37 deg.28'57''N, 122 deg.27'06''W, thence 
southeasterly to 37 deg.28'26''N, 122 deg.26'45''W, thence 
southwesterly to 37 deg.28'24''N, 122 deg.26'47''W, thence southerly 
following the 20-foot contour line to 37 deg.27'49''N, 
122 deg.26'40''W, thence west to MLW, thence northwesterly following 
MLW to a point directly west of the point of beginning, thence east 
     to the point of beginning. (Half Moon Bay USGS 7.5'' Quad 1973)
[[Page 11790]]

[GRAPHIC][TIFF OMITTED]TP02MR95.018



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

Unit 1--Waddell Creek Beach

    Beginning at 37 deg.05'35''N, 122 deg.16'32''W, thence west to 
MLW, thence northwesterly following MLW to a point west of 
37 deg.05'52''N, 122 deg.16'32''W, thence east to said point, thence 
southeasterly to MHW line of Waddell Creek 37 deg.05'41''N, 
122 deg.16'34''W, thence south to point of beginning. (Ano Nuevo 
USGS 7.5'' Quad 1968)
[GRAPHIC][TIFF OMITTED]TP02MR95.019



Unit 2--Scott Creek Beach

    Beginning at 37 deg.02'33''N, 122 deg.13'53''W, located at 
northwest end of beach, thence southeasterly to 37 deg.02'22''N, 
122 deg.13'36''W, located west of Highway 1 and excluding the 
existing Highway 1 ROW, thence south to 37 deg.01'58''N, 
122 deg.13'34''W, located at south end of beach on 60 foot contour 
line, thence west to MLW, thence northwesterly following MLW to a 
point directly west of point of beginning, thence east to point of 
                         beginning. (Davenport USGS 7.5'' Quad 1968)
[[Page 11791]]

[GRAPHIC][TIFF OMITTED]TP02MR95.020



Unit 3--Laguna Creek Beach

    Beginning at 36 deg.59'04''N, 122 deg.09'26''W, located at 
northwest end of beach on 20 foot contour line, thence east 
following 20 foot contour line to 36 deg.59'03''N, 122 deg.09'14''W, 
located at Laguna Creek at a point 800 feet south of Highway 1, 
thence south to MLW, thence northwesterly following MLW to a point 
directly south of point of beginning, thence north to point of 
beginning. (Santa Cruz USGS 7.5'' Quad 1981)
[GRAPHIC][TIFF OMITTED]TP02MR95.021



Unit 4--Wilder Creek Beach

    Beginning at 36 deg.57'17''N, 122 deg.04'43''W, located at 
northwest end of upper beach on 40 foot contour line, thence 
southwesterly to 36 deg.57'16''N, 122 deg.04'29''W, located at 
northeast end of upper beach east of 40 foot contour line, thence 
south to MLW, thence northwesterly following MLW to 40 foot contour 
line at west end of beach, thence north following 40 foot contour 
       line to point of beginning. (Santa Cruz USGS 7.5'' Quad 1981)
[[Page 11792]]

[GRAPHIC][TIFF OMITTED]TP02MR95.022



CA-7. Monterey Bay Beaches, Santa Cruz and Monterey Counties (Index Map 
3)

Unit 1--Sunset Beach

    Beginning at 36 deg.54'38''N, 121 deg.50'50''W, located west of 
Zils Road, thence southeasterly to 36 deg.51'25''N, 
121 deg.48'13''W, thence east along north bank of Pajaro River to 
36 deg.51'27''N, 121 deg.48'30''W, located south of mouth of Watson 
Slough, thence south to MLW, thence southerly following MLW around 
south end of beach, thence northwesterly following MLW to a point 
west of point of beginning, thence east to point of beginning. 
(Watsonville West and Moss Landing USGS 7.5'' Quad 1980)
[GRAPHIC][TIFF OMITTED]TP02MR95.023



Unit 2--Mudowski Beach

    Beginning at 36 deg.49''25'' N, 121 deg.48'21'' W, thence 
southerly to 36 deg.50'58'' N, 121 deg.48'15'' W, located north of 
the 10 foot contour line and west of Jensen Road, thence 
southwesterly to 36 deg.51'11'' N, 121 deg.48'20'' W, thence 
southeasterly to 36 deg.50'43'' N, 121 deg.47'15'' W, located east 
of seawall, thence south to MLW, thence southwesterly following MLW 
around south end of beach, thence northwesterly following MLW to 
north end of beach, thence northeasterly following MLW around north 
end of beach to a point north of point of beginning, thence south to 
point of beginning. (Moss Landing USGS 7.5'' Quad 1980)

Unit 3--Elkhorn Slough Mud Flat/Salt Pond

    Beginning at north bank of Elkhorn Slough 36 deg.48'49'' N, 
121 deg.46'12'' W, thence west following south perimeter of mud flat 
and salt pond to 36 deg.48'50'' N, 121 deg.47'02'' W, which excludes 
the existing Highway 1 ROW, thence north following west perimeter of 
the salt pond, thence east following northern perimeter of salt pond 
to west perimeter of mud flat, thence north following west perimeter 
of mud flat to 36 deg.49'14'' N, 121 deg.46'55'' W, located on south 
shore of Bennett Slough, thence northeasterly following south bank 
of Bennett Slough to 36 deg.49'24'' N, 121 deg.46'22'' W, located at 
the northern most point of mud flat, thence southeasterly following 
the east perimeter of the mud flat to 36 deg.49'12'' N, 
121 deg.46'12'' W, thence easterly following the perimeter of the 
mud flat to 36 deg.49'59'' N, 121 deg.45'59'' W, thence south 
following east perimeter of mud flat to 36 deg.49'04'' N, 
121 deg.45'58'' W, thence [[Page 11793]] southwesterly along 
northern shore of Elkhorn Slough to point of beginning. (Moss 
Landing USGS 7.5'' Quad 1980)
[GRAPHIC][TIFF OMITTED]TP02MR95.024



Unit 4--Salinas River Beach

    Beginning at 36 deg.48'01'' N, 121 deg.47'18'' W, located south 
of boat launch, thence southerly to 36 deg.46'31'' N, 
121 deg.47'40'' W, thence southerly to 36 deg.45'00'' N, 
121 deg.48'04'' W, located on north bank of Salinas River, thence 
southeasterly following north bank of Salinas River to 
36 deg.44'16'' N, 121 deg.47'20'' W, thence southwesterly across 
Salinas River to 36 deg.44'10'' N, 121 deg.47'28'' W, located on 
south bank, thence northwesterly following south bank of Salinas 
River to 36 deg.44'41'' N, 121 deg.48'02'' W, thence westerly to 
36 deg.44'49'' N, 121 deg.48'12'' W, thence south to 36 deg.44'54'' 
N, 121 deg.48'12'' W, located at northern most point of a large 
pond, thence southeasterly following north shore of pond to 
36 deg.44'44'' N, 121 deg.47'53'' W, thence southwesterly to 
36 deg.44'34'' N, 121 deg.48'13'' W, thence southerly to 
36 deg.42'59'' N, 121 deg.48'17'' W, thence southerly to 
36 deg.41'45'' N, 121 deg.48'49'' W, thence southerly to 
36 deg.39'45'' N, 121 deg.49'17'' W, thence west to MLW, thence 
northerly following MLW to a point west of point of beginning, 
thence east to point of beginning. Excludes all U.S. Fish and 
Wildlife Service property. (Moss Landing USGS 7.5'' Quad 1980 and 
                                        Marina USGS 7.5'' Quad 1983)
[[Page 11794]]

[GRAPHIC][TIFF OMITTED]TP02MR95.025



Unit 5--Fort Ord/Seaside Beaches

    Beginning at 36 deg.39'44''N, 121 deg.49'17''W, located west of 
beach parking lot, thence southerly following upper beach where it 
meets toe of bluffs to 36 deg.38'33''N, 121 deg.49'54''W, thence 
southerly following upper beach where it meets toe of bluffs to 
36 deg.36'58''N, 121 deg.51'00''W, thence continue southwesterly 
following upper portion of beach where it meets toe of bluffs and 
sand dunes to 36 deg.36'06''N, 121 deg.52'15''W, thence west to 
36 deg.36'06''N, 121 deg.52'30''W, thence north to MLW, thence 
northeasterly following MLW to a point west of point of beginning, 
thence east to point of beginning. (Marina USGS 7.5'' Quad 1983 and 
                                       Seaside USGS 7.5'' Quad 1968)
[[Page 11795]]

[GRAPHIC][TIFF OMITTED]TP02MR95.026



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

    Beginning at 36 deg.19'11''N, 121 deg.53'39''W, located at north 
end of beach, thence south to 36 deg.18'31''N, 121 deg.53'32''W, 
located north of Lighthouse Road, thence southwesterly following a 
line north of Lighthouse Road to 36 deg.18'37''N, 121 deg.53'46''W, 
thence west to MLW, thence northeasterly following MLW to a point 
west of point of beginning, thence east to point of beginning. 
(Point Sur USGS 7.5'' Quad 1983)
[GRAPHIC][TIFF OMITTED]TP02MR95.027



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

    Beginning at 35 deg.45'23''N, 121 deg.19'02''W, thence southerly 
following the 20-foot contour line to 35 deg.45'00''N, 
121 deg.18'52''W, thence southeasterly to 35 deg.44'54''N, 
121 deg.18'55''W, thence west to MLW, thence northerly following MLW 
to a point directly west of the point of beginning, thence east to 
the point of beginning. (Burro Mountain USGS 7.5'' Quad 1972 and 
                               Piedras Blancas USGS 7.5'' Quad 1959)
[[Page 11796]]

[GRAPHIC][TIFF OMITTED]TP02MR95.028



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

    Beginning at 35 deg.39'08''N, 121 deg.13'15''W, located south of 
Highway 1 and excluding the existing Highway 1 ROW, thence 
southeasterly to 35 deg.39'05''N, 121 deg.13'17''W, thence south to 
MLW, thence westerly following MLW to a point south of point of 
beginning, thence north to point of beginning. (San Simeon USGS 
7.5'' Quad 1958)
[GRAPHIC][TIFF OMITTED]TP02MR95.029



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

Unit 1--Toro Creek

    Beginning at 35 deg.24'57'' N, 120 deg.52'27'' W, located west 
of Highway 1 and excluding the existing Highway 1 ROW, thence 
southerly along a line west of Highway 1, excluding the existing 
Highway 1 ROW, to 35 deg.24'30''N, 120 deg.52'14''W, thence west to 
MLW, thence northwesterly following MLW to a point west of point of 
beginning, thence east to point of beginning. (Morro Bay North USGS 
                                                    7.5'' Quad 1965)
[[Page 11797]]

[GRAPHIC][TIFF OMITTED]TP02MR95.030



Unit 2--Atascadero Beach

    Beginning at 35 deg.24'13''N, 120 deg.52'02''W, located west of 
Beachcomber Drive, thence southeasterly along upper beach to 
35 deg.23'38''N, 120 deg.51'48''W, located west of Sandalwood 
Avenue, thence south to 35 deg.23'24''N, 120 deg.51'39''W, thence 
south to 35 deg.22'22''N, 120 deg.51'31''W, located at the southwest 
end of powerplant, thence west to MLW, thence northerly following 
MLW to a point west of point of beginning, thence east to point of 
beginning. (Morro Bay North and Morro Bay South USGS 7.5'' Quads 
1965)
[GRAPHIC][TIFF OMITTED]TP02MR95.031



Unit 3--Morro Bay Beach

    Beginning at 35 deg.17'28''N, 120 deg.52'46''W, located at south 
end of beach, thence west to MLW, thence northeasterly following MLW 
to breakwater, thence from breakwater following MLW clockwise around 
northern end of peninsula to a point east of 35 deg.21'28''N, 
120 deg.51'28''W, thence west to said point, thence southwesterly to 
35 deg.19'54''N, 120 deg.51'38''W, thence southwesterly to 
35 deg.18'38''N, 120 deg.52'06''W, thence southwesterly to point of 
                   beginning. (Morro Bay South USGS 7.5'' Quad 1978)
[[Page 11798]]

[GRAPHIC][TIFF OMITTED]TP02MR95.032



CA-12. Pismo Beach/Nipomo Dunes, San Luis Obispo and Santa Barbara 
Counties (Index Map 3)

    Beginning at 34 deg.53'02''N, 120 deg.39'40''W, located 
northeast of Mussel Point, thence west to MLW, thence northerly 
following MLW to a point west of 35 deg.06'06''N, 120 deg.37'45''W, 
thence east to said point, thence southeasterly to 35 deg.06'01''N, 
120 deg.37'40''W, located on north bank of Arroyo Grande Creek, 
thence easterly following north bank of Arroyo Grande Creek to 
35 deg.05'58''N, 120 deg.37'19''W, thence southerly across Arroyo 
Grande Creek to 35 deg.05'56''N, 120 deg.37'18''W, thence westerly 
to 35 deg.05'58''N, 120 deg.37'38''W, thence southeasterly to 
35 deg.05'27''N, 120 deg.37'32''W, thence southerly to 
35 deg.04'27''N, 120 deg.37'30''W, thence southwesterly to 
35 deg.02'32''N, 120 deg.37'35''W, thence south to 35 deg.01'42''N, 
120 deg.37'35''W, thence southwesterly to 34 deg.58'53''N, 
120 deg.39'02''W, thence southeasterly across Guadalupe oil field to 
34 deg.58'10''N, 120 deg.38'27''W, located at east end of a pond 
north of Santa Maria River, thence southwesterly to a point on 40-
foot contour line 34 deg.57'45''N, 120 deg.38'59''W, located south 
of the Santa Maria River, thence southwesterly along the 40-foot 
contour line to point of beginning. (Oceano USGS 7.5'' Quad 1979 and 
                                     Point Sal USGS 7.5'' Quad 1974)
[[Page 11799]]

[GRAPHIC][TIFF OMITTED]TP02MR95.033



CA-13. Point Sal to Point Conception Beaches, Santa Barbara County 
(Index Map 3)

Unit 1--Vandenberg Beach

    Beginning at 35 deg.51'41''N, 120 deg.36'36''W, located on 40-
foot contour line, thence southerly along 40-foot contour line to 
34 deg.45'22''N, 120 deg.37'50''W, located southeast of Purisma 
Point, thence south to MLW, thence northwesterly following MLW 
around Purisma Point, thence north following MLW to a point west of 
point of beginning, thence east to point of beginning. (Casmalia 
                                               USGS 7.5'' Quad 1982)
[[Page 11800]]

[GRAPHIC][TIFF OMITTED]TP02MR95.034



Unit 2--Santa Ynez River Mouth/Ocean Beach

    Beginning at 34 deg.42'16''N, 120 deg.35'54''W, located west of 
beach access road, thence southeasterly to 34 deg.41'56''N, 
120 deg.35'45''W, located west of railroad tracks, thence 
southwesterly to 34 deg.41'35''N, 120 deg.35'55''W, located on north 
bank of Santa Ynez River, thence northeasterly to 34 deg.41'41''N, 
120 deg.35'43''W, thence southeasterly along north bank of Santa 
Ynez River to 34 deg.41'24''N, 120 deg.35'05''W, located at end of 
Gravel Pit Road, thence southwesterly to 34 deg.41'18''N, 
120 deg.35'13''W, located on south bank of Santa Ynez River, thence 
west across railroad tracks to 34 deg.41'27''N, 120 deg.35'58''W, 
located on 40-foot contour line, thence southwesterly along 40-foot 
contour line to 34 deg.37'28''N, 120 deg.37'16''W, located 400 feet 
west of railroad tracks, thence west to MLW, thence northeasterly 
following MLW to a point west of point of beginning, thence east to 
                     point of beginning. (Surf USGS 7.5'' Quad 1974)
[[Page 11801]]

[GRAPHIC][TIFF OMITTED]TP02MR95.035



Unit 3--Jalama Beach

    Beginning at 34 deg. 30' 48'' N, 120 deg. 30' 12'' W, thence 
southeasterly to 34 deg. 30' 44'' N, 120 deg. 30' 04'' W, located at 
northern end of Jalama Beach Lagoon, thence southeasterly to 34 deg. 
30' 23'' N, 120 deg. 29' 55'' W, thence southeasterly to 34 deg. 29' 
53'' N, 120 deg. 29' 44'' W, thence southeasterly to 34 deg. 29' 
43'' N, 120 deg. 29' 42'' W, thence west to MLW, thence 
northwesterly following MLW to a point west of point of beginning, 
thence east to point of beginning. (Tranquillon Mountain USGS 7.5'' 
Quad 1959, Lompoc Hills USGS 7.5'' Quad 1971, and Point Conception 
USGS 7.5'' Quad 1974)
[GRAPHIC][TIFF OMITTED]TP02MR95.036


[[Page 11802]]

CA-14. Santa Barbara Coast Beaches, Santa Barbara County (Index Map 3)

Unit 1--Devereaux Beach

    Beginning at 34 deg. 25' 13'' N, 119 deg. 53' 31'' W, located on 
20 foot contour line, thence southeasterly following 20-foot contour 
line, thence northeasterly around Coal Oil Point to 34 deg. 24' 33'' 
N, 119 deg. 51' 57'' W, located on 20 foot contour line, thence 
south to MLW, thence westerly following MLW, southwesterly around 
Coal Oil Point, thence northwesterly to a point south of point of 
beginning, thence north to point of beginning. (Dos Pueblos Canyon 
and Goleta USGS 7.5'' 3 Quad 1988)
[GRAPHIC][TIFF OMITTED]TP02MR95.037



Unit 2--Point Castillo/ Santa Barbara Harbor Beach

Point Castillo

    Beginning (breakwater and sandspit) at 34 deg.24'17'' N, 
119 deg.41'13'' W, located at Beacon, thence south to MLW, thence 
southwesterly following MLW on outside of breakwater to Point 
Castillo, thence northeasterly following MLW inside of breakwater to 
southwest end of sandspit, thence circle sandspit clockwise 
following MLW to a point south of point of beginning, thence north 
to point of beginning. (Santa Barbara USGS 7.5'' Quad 1967)

Santa Barbara Harbor Beach

    Beginning at 34 deg.24'16'' N, 119 deg.41'37'' W, located at 
southwest end of beach, thence northeasterly following a line south 
of Cabrillo Blvd. to 34 deg.22'09'' N, 119 deg.38'22'' W, located on 
west side of Stearns Wharf, thence northeasterly to 34 deg.24'54'' 
N, 119 deg.40'52'' W, thence easterly following a line just south of 
Cabrillo Blvd. to 34 deg.25'03'' N, 119 deg.39'50'' W, thence 
southeasterly to 34 deg.25'00'' N, 119 deg.38'01'' W, thence south 
to MLW, thence southwesterly following MLW to a point east of point 
of beginning, thence west to point of beginning. (Santa Barbara USGS 
7.5'' Quad 1967)
[GRAPHIC][TIFF OMITTED]TP02MR95.038



Unit 3--Carpinteria Beach

    Beginning at 34 deg.23'38'' N, 119 deg.31'26'' W, located at end 
of Linden St. on northwest end of beach, thence southeasterly to 
34 deg.23'22'' N, 119 deg.31'02'' W, located at southeast end of the 
beach, thence south to MLW, thence northwesterly following MLW to a 
point south of point of beginning, thence north to point of 
                       beginning. (Carpinteria USGS 7.5'' Quad 1988)
[[Page 11803]]

[GRAPHIC][TIFF OMITTED]TP02MR95.039


[GRAPHIC][TIFF OMITTED]TP02MR95.040



CA-15. Oxnard Lowlands, Ventura County (Index Map 4)

Unit 1--San Buena/Ventura Beach

    Beginning 34 deg.16'33'' N, 119 deg.17'38'' W, which is located 
at northwest end of beach, thence east to 34 deg.16'51'' N, 
119 deg.17'24'' W, thence southeasterly to 34 deg.16'40'' N, 
119 deg.17'03'' W, thence southeasterly to 34 deg.16'15'' N, 
119 deg.16'33'' W, thence southeasterly to 34 deg.15'40'' N, 
119 deg.16'16'' W, thence southeasterly to 34 deg.15'02'' N, 
119 deg.15'52'' W, thence west to MLW, thence northwesterly 
following MLW to a point south of point of beginning, thence north 
               to point of beginning. (Ventura USGS 7.5'' Quad 1967)
[[Page 11804]]

[GRAPHIC][TIFF OMITTED]TP02MR95.041



Unit 2--Mandalay Beach/Santa Clara River Mouth

    Beginning at 34 deg.14'28'' N, 119 deg.16'12'' W, located at the 
north end of beach, thence southeasterly to 34 deg.14'10'' N, 
119 deg.15'30'' W, located on north bank of Santa Clara River, 
thence east to 34 deg.14'09'' N, 119 deg.15'57'' W, thence south to 
34 deg.14'09'' N, 119 deg.13'57'' W, thence west following south 
bank of Santa Clara River to 34 deg.14'01'' N, 119 deg.15'30'' W, 
thence southwesterly to 34 deg.13'53'' N, 119 deg.15'40'' W, located 
on 15-foot contour line, thence southeasterly to 34 deg.12'58'' N, 
119 deg.15'15'' W, located on north end of McGrath Lake, thence 
southeasterly following 15-foot contour line to 34 deg.09'30'' N, 
119 deg.13'28'' W, located on north side of boat ramp, thence west 
to MLW, thence northwesterly following MLW to a point west of point 
of beginning, thence east to point of beginning. (Oxnard USGS 7.5'' 
                                                          Quad 1967)
[[Page 11805]]

[GRAPHIC][TIFF OMITTED]TP02MR95.042



Unit 3--Ormond Beach

    Beginning at 34 deg.08'40'' N, 119 deg.11'58'' W, located east 
of road to jetty, thence southeasterly to 34 deg.08'49'' N, 
119 deg.11'58'' W, thence southeasterly to 34 deg.07'48'' N, 
119 deg.10'15'' W, located at northwest end of wetlands, thence 
southeasterly to 34 deg.07'22'' N, 119 deg.09'19'' W, located on 
west side of Arnold Road, thence southwest along Arnold Road to 
34 deg.07'10'' N, 119 deg.09'32'' W, located at end of Arnold Road, 
thence west to MLW, thence northwesterly following MLW to a point 
south of point of beginning, thence north to point of beginning. 
                       (Oxnard and Point Mugu USGS 7.5'' Quads 1967)
[[Page 11806]]

[GRAPHIC][TIFF OMITTED]TP02MR95.043



Unit 4--Mugu Lagoon Beach

    Beginning at 34 deg.07'15'' N, 119 deg.09'28'' W, thence 
southeasterly to 34 deg.06'45'' N, 119 deg.08'44'' W, thence 
southwesterly to 34 deg.06'42'' N, 119 deg.08'47'' W, thence 
southeasterly to 34 deg.06'31'' N, 119 deg.08'32'' W, thence 
southeasterly to 34 deg.06'20'' N, 119 deg.08'10'' W, thence 
southeasterly following 10-foot contour line to 34 deg.06'03'' N, 
119 deg.05'44'' W, thence east following the HWL of Mugu Lagoon and 
crossing the mouth of said lagoon to 34 deg.05'34'' N, 
119 deg.04'13'' W, thence southeasterly to 34 deg.05'28'' N, 
119 deg.04'08'' W, located on 10 foot contour line, thence 
southeasterly following 10 foot contour line to 34 deg.05'10'' N, 
119 deg.03'38'' W, located on west side of Point Mugu, thence west 
to MLW, thence northwesterly following MLW, but excluding the mouth 
of Mugu Lagoon, to a point south of point of beginning, thence north 
to point of beginning. (Point Mugu USGS 7.5'' Quad 1967)
[GRAPHIC][TIFF OMITTED]TP02MR95.044



CA-16. San Nicolas Island Beaches, Ventura County (Index Map 4)

Unit SN-1

    Beginning at 33 deg.14'02'' N, 119 deg.26'12'' W, thence east to 
MLW, thence southeasterly and southwesterly following MLW around 
east end of Island to a point east of 33 deg.13'27'' N, 
119 deg.26'11'' W, thence west to said point, thence north following 
25-foot contour line to point of beginning. (San Nicolas Island USGS 
7.5'' Quad 1956)

Unit SN-2

    Beginning at 33 deg.12'59'' N, 119 deg.28'33'' W, located south 
of Island Road, thence easterly to 33 deg.12'57'' N, 119 deg.27'59'' 
W, thence easterly to 33 deg.13'02'' N, 119 deg.27'17'' W, thence 
easterly to 33 deg.13'10'' N, 119 deg.26'55'' W, thence south to 
MLW, thence west following MLW to a point south of point of 
beginning, thence north to point of beginning. (San Nicolas Island 
USGS 7.5'' Quad 1956)

Unit SN-3

    Beginning at 33 deg.13'12'' N, 119 deg.29'36'' W, located south 
of Island Road, thence easterly to 33 deg.13' 11'' N, 
119 deg.29'09'' W, thence easterly to 33 deg.13'02'' N, 
119 deg.28'39'' W, thence south to MLW, thence west following MLW to 
a point south of point of beginning, thence north to point of 
beginning. (San Nicolas Island USGS 7.5'' Quad 1956)

Unit SN-4

    Beginning at 33 deg.13'18'' N, 119 deg. 30' 05'' W, thence 
southeasterly to 33 deg.13' 10'' N, 119 deg.29'48'' W, thence west 
to MLW, thence northwesterly to a point south of point of beginning, 
thence north to point of beginning. (San Nicolas Island USGS 7.5'' 
Quad 1956)

Unit SN-5

    Beginning at 33 deg.13'24'' N, 119 deg.30'25'' W, thence 
southeasterly to 33 deg.13'17'' N, 119 deg.30'09'' W, thence south 
to MLW, thence northwesterly following MLW to a point south of point 
of beginning, thence north to point of beginning. (San Nicolas 
Island USGS 7.5'' Quad 1956)

Unit SN-6

    Beginning at 33 deg.13'47'' N, 119 deg.31'12'' W, thence 
southeasterly to 33 deg.13' 36'' N, 119 deg.0'55'' W, thence south 
to MLW, thence northwesterly following MLW to a point south of point 
of beginning, thence north to point of beginning. (San Nicolas 
Island USGS 7.5'' Quad 1956)

Unit SN-7

    Beginning at 33 deg.14'10'' N, 119 deg.32'49'' W, thence 
southeasterly to 33 deg.14'07'' N, 119 deg.32'41'' W, thence 
southeasterly to 33 deg.14'00'' N, 119 deg.32'38'' W, thence south 
to MLW, thence northwesterly following MLW to a point south of point 
of beginning, thence north to point of beginning. (San Nicolas 
Island USGS 7.5'' Quad 1956)

Unit SN-8

    Beach within circle with a radius of 250 feet with center at 
33 deg.14'40'' N, 119 deg.33'29'' W. (San Nicolas Island USGS 7.5'' 
Quad 1956)

Unit SN-9

    Beginning at 33 deg.16'22'' N, 119 deg.33'11'' W, thence 
southwesterly to 33 deg.16'17'' N, 119 deg.33'22'' W, thence 
southwesterly to 33 deg.16'13'' N, 119 deg.33'43'' W, thence north 
to MLW, thence northeasterly following MLW to a point north of point 
of beginning, thence [[Page 11807]] south to point of beginning. 
(San Nicolas Island USGS 7.5'' Quad 1956)

Unit SN-10

    Beginning at 33 deg.17'01'' N, 119 deg.31'58'' W, thence 
southwesterly to 33 deg.16'51'' N, 119 deg.32'08'' W, thence 
southwesterly to 33 deg.16'47'' N, 119 deg.32'21'' W, thence north 
to MLW, thence northeasterly following MLW to a point west of point 
of beginning, thence east to point of beginning. (San Nicolas Island 
USGS 7.5'' Quad 1956)

Unit SN-11

    Beginning at 33 deg.15'31'' N, 119 deg.27'52'' W, thence 
westerly to 33 deg.15'32'' N, 119 deg.28'11'' W, thence westerly to 
33 deg.15'46'' N, 119 deg.28'55'' W, thence northwesterly to 
33 deg.15'59'' N, 119 deg.29'10'' W, thence southwesterly to 
33 deg.15'54'' N, 119 deg.29'34'' W, thence northwesterly to 
33 deg.15'58'' N, 119 deg.29'52'' W, thence north to MLW, thence 
easterly following MLW to a point north of point of beginning, 
thence south to point of beginning. (San Nicolas Island USGS 7.5'' 
Quad 1956)

Unit SN-12

    Beginning at 33 deg.14'25'' N, 119 deg.26'35'' W, thence 
northwesterly to 33 deg.14'40'' N, 119 deg.26'49'' W, thence east to 
MLW, thence southeasterly following MLW to a point east of point of 
beginning, thence west to point of beginning. (San Nicolas Island 
USGS 7.5'' Quad 1956)
[GRAPHIC][TIFF OMITTED]TP02MR95.045



CA-17. Malibu Lagoon, Los Angeles County (Index Map 4)

    Beginning at 34 deg.01'58'' N, 118 deg.40'53'' W, thence 
northwesterly crossing Highway 1, and excluding Highway 1 and the 
existing ROW north and south of Highway 1, to 34 deg.02'04'' N, 
118 deg.40'56'' W, thence northwesterly to 34 deg.02'13'' N, 
118 deg.40'59'' W, thence northeasterly to 34 deg.02'14'' N, 
118 deg.40'56'' W, thence southeasterly to 34 deg.02'03'' N, 
118 deg.40'47'' W, thence east to 34 deg.02'03'' N, 118 deg.40'44'' 
W, thence northeasterly to 34 deg.02'12'' N, 118 deg.40'37'' W, 
thence south to MLW, thence southerly and westerly following MLW to 
a point directly south of the point of beginning, thence north to 
the point of beginning. (Malibu Beach USGS 7.5'' Quad 1981)
[GRAPHIC][TIFF OMITTED]TP02MR95.046



CA-18. Mission Beach and Bay, San Diego County (Index Map 4)

Unit 1--Fiesta Island

    Beginning at 32 deg.46'07'' N, 117 deg.14'34'' W, thence south 
to MLW, thence southerly and northerly following MLW to a point 
directly south of 32 deg.45'34'' N, 117 deg.14'50'' W, thence north 
to said point, thence northwesterly to 32 deg.45'52'' N, 
117 deg.14'58'' W, thence northeasterly to 32 deg.46'16'' N, 
117 deg.14'55'' W, thence southeasterly to the point of beginning. 
(La Jolla USGS 7.5'' Quad 1975)

Unit 2--Mariner's Basin

    Beginning at 32 deg.46'31'' N, 117 deg.13'25'' W, thence 
southeasterly to 32 deg.46'30'' N, 117 deg.13'23'' W, thence 
southwesterly to 32 deg.46'15'' N, 117 deg.13'34'' W, thence 
southeasterly to 32 deg.46'10'' N, 117 deg.13'23'' W, thence south 
to MLW, thence westerly and northerly following MLW to a point 
directly west of the point of beginning, thence east to the point of 
beginning. (La Jolla USGS 7.5'' Quad 1975)

Unit 3--Mission Beach

    Beginning at 32 deg.46'26'' N, 117 deg.15'08'' W, thence 
southerly to 32 deg.46'02'' N, 117 deg.15'06'' W, thence southerly 
to 32 deg.45'43'' N, 117 deg.15'05'' W, thence southeasterly to 
32 deg.45'34'' N, 117 deg.14'57'' W, which is on the north jetty to 
Mission Bay, thence westerly following the north side of the jetty 
to MLW, thence northerly following MLW to a point directly west of 
the point of beginning, thence east to the point of beginning. (La 
                                         Jolla USGS 7.5'' Quad 1975)
[[Page 11808]]

[GRAPHIC][TIFF OMITTED]TP02MR95.047



CA-19. South San Diego Coast Beaches, San Diego County (Index Map 4)

Unit 1--Silver Strand/Delta Beach

    Beginning at 32 deg.40'08'' N, 117 deg.09'54'' W, thence 
northeasterly to 32 deg.40'40'' N, 117 deg.09'13'' W, thence east to 
MLW, thence southwesterly following MLW to a point directly north of 
32 deg.39'27'' N, 117 deg.09'10'' W, thence south to said point, 
thence northeasterly to 32 deg.39'30'' N, 117 deg.08'57'' W, thence 
southeasterly to 32 deg.39'16'' N, 117 deg.08'48'' W, thence 
southwesterly to 32 deg.39'11'' N, 117 deg.09'00'' W, thence 
southeasterly following the east side of the San Diego and Arizona 
Eastern Railroad tracks to 32 deg.38'34'' N, 117 deg.08'40'' W, 
thence northeasterly to 32 deg.38'39'' N, 117 deg.08'36'' W, thence 
east to MLW, thence southerly following MLW to a point directly east 
of 32 deg.38'12'' N, 117 deg.08'26'' W, thence west to said point, 
thence southwesterly to 32 deg.38'11'' N, 117 deg.08'31'' W, thence 
southeasterly to 32 deg.37'20'' N, 117 deg.08'10'' W, thence 
southeasterly following the west side of Silver Strand Boulevard to 
32 deg.36'43'' N, 117 deg.08'02'' W, thence southeasterly to 
32 deg.36'32'' N, 117 deg.07'55'' W, thence southerly to 
32 deg.35'09'' N, 117 deg.07'51'' W, thence west to MLW, thence 
north following MLW to a point directly west of the point of 
beginning, thence east to the point of beginning. (Point Loma and 
Imperial Beach, Calif.--Baja Calif. Norte USGS 7.5'' Quads 1975)
[GRAPHIC][TIFF OMITTED]TP02MR95.048



Unit 2--Tijuana River Beach

    Beginning at 32 deg.34#01## N, 117 deg.07#53## W, thence 
southerly following the unimproved road to 32 deg.33#44## N, 
117 deg.07#49## W, thence east to the HWL of Oneonta Slough, thence 
south following the HWL of said slough to 32 deg.33#26## N, 
117 deg.07#40## W, which is at the mouth of Tijuana River, thence 
southeasterly crossing said river to 32 deg.32#36## N, 
117 deg.07#24## W, thence south to 32 deg.32#04## N, 117 deg.07#24## 
W, thence west to MLW, thence northerly following MLW, but excluding 
the mouth of Tijuana River, to a point directly west of the point of 
beginning, thence east to the point of the beginning. Excludes all 
U.S. Fish and Wildlife Service property. (Imperial Beach, Calif.--
                             Baja Calif. Norte USGS 7.5## Quad 1975)
[[Page 11809]]

[GRAPHIC][TIFF OMITTED]TP02MR95.049


    Primary Constituent Elements: Beaches, dunes, and estuaries that 
provide habitat, or with rehabilitation, could provide habitat for 
nesting, roosting, foraging, and migration.

    Dated: February 1, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-4422 Filed 2-24-95; 8:45 am]
BILLING CODE 4310-55-P