[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Proposed Rules]
[Pages 27060-27064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12410]



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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 8121]
RIN 1512-AA07


Puget Sound Viticultural Area (94F-019P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF), has 
received a petition for the establishment of a viticultural area in the 
State of Washington to be known as ``Puget Sound.'' This proposal is 
the result of a petition submitted by Gerard and Jo Ann Bentryn, 
Owners-Winemakers of Bainbridge Island Vineyards.

DATES: Written comments must be received by July 6, 1995.

ADDRESSES: Send written comments to: Chief, Wine, Beer and Spirits 
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 
50221, Washington, DC 20091-0221 (Attn: Notice No. 812). Copies of the 
petition, [[Page 27061]] the proposed regulations, the appropriate 
maps, and written comments will be available for public inspection 
during normal business hours at: ATF Public Reading Room, Office of 
Public Affairs and Disclosure, Room 6480, 650 Massachusetts Avenue, 
NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT:
David W. Brokaw, Wine, Beer and Spirits Regulations Branch, Bureau of 
Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., 
Washington, DC 20226, (202) 927-8230.

SUPPLEMENTARY INFORMATION:

Background

    On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR 
37672, 54624) revising regulations in 27 CFR Part 4. These regulations 
allow the establishment of definitive viticultural areas. The 
regulations allow the name of an approved viticultural area to be used 
as an appellation of origin on wine labels and in wine advertisements. 
On October 2, 1979, ATF published Treasury Decision ATF-60 [44 56692] 
which added a new Part 9 to 27 CFR, providing for the listing of 
approved American viticultural areas, the names of which may be used as 
appellations of origin.
    Section 4.25a(e)(1), Title 27, CFR, defines an American 
viticultural area as a delimited grape-growing region distinguishable 
by geographic features, the boundaries of which have been delineated in 
Subpart C of Part 9.
    Section 4.25a(e)(2), Title 27, CFR, outlines the procedure for 
proposing an American viticultural area. Any interested person may 
petition ATF to establish a grape-growing region as a viticultural 
area. The petition should include:
    (a) Evidence that the name of the proposed viticultural area is 
locally and/or nationally known as referring to the area specified in 
the petition;
    (b) Historical or current evidence that the boundaries of the 
viticultural area are as specified in the petition;
    (c) Evidence relating to the geographical characteristics (climate, 
soil, elevation, physical features, etc.) which distinguish the 
viticultural features of the proposed area from surrounding areas;
    (d) A description of the specific boundaries of the viticultural 
area, based on features which can be found on United States Geological 
Survey (US.G.S.) maps of the largest applicable scale, and;
    (e) A copy (or copies) of the appropriate U.S.G.S. map(s) with the 
proposed boundaries prominently marked.

Petition

    ATF has received a petition from Gerard and Jo Ann Bentryn of 
Bainbridge Island Vineyards & Winery in Bainbridge Island, Washington, 
proposing to establish a new viticultural area within the State of 
Washington to be known as ``Puget Sound.'' Puget Sound (or the 
``Sound'') is an inlet of the Pacific Ocean in northwestern Washington, 
extending about 100 miles south from Admiralty Inlet and Juan de Fuca 
Strait to Olympia. The proposed viticultural area lies within the land 
basin surrounding the Sound. Eight letters of support from wineries and 
vineyards located within the proposed area were included with the 
petition. These letters of support were from: Mount Baker Vineyards, 
Whidbey Island Winery, Lopez Island Vineyards Inc., E.B. Foote Winery, 
Blue Apple Vineyard, Molly's Vineyard, Coolen Wine Cellar, and Johnson 
Creek Winery/Alice's Restaurant.
    The proposed Puget Sound viticultural area is located in the 
northwestern portion of Washington State. The entire Puget Sound 
watershed contains 13,100 square miles of land, 150 square miles of 
fresh water, and 2,500 square miles of saltwater. The proposed Puget 
Sound viticultural area contains approximately 55% of the watershed's 
land area and water or 7,150 square miles of land and 1,500 square 
miles of water for a total area of 8,650 square miles. It has a maximum 
length of 190 miles from north to south and 60 miles from east to west, 
although it is most often less than 45 miles wide.

Evidence That the Name of the Area is Locally or Nationally Known

    The name ``Puget Sound'' was established in 1791 by Captain George 
Vancouver when he named, explored, and mapped the area while in service 
to the British Admiralty. His maps and those of subsequent explorers, 
settlers and government agencies show the Puget Sound area with the 
countryside drained by rivers flowing into Puget Sound. Numerous 
references exist indicating the general use of the name ``Puget Sound'' 
to refer to the petitioned area. The petitioners included copies of 
title pages of various publications, guide and tour book references, 
public telephone book listings, and Federal and State agency maps, to 
illustrate the use of the name. They also submitted an excerpt from, 
``Touring the Washington Wine Country,'' 1993, published by the 
Washington Wine Commission. This publication discusses grape growing in 
western Washington and states that, ``[t]he expansive Puget Sound basin 
offers a temperate climate that rarely suffers from prolonged freezing 
weather in the winter and quite often enjoys a long and warm summer 
growing season.''

Historical or Current Evidence That the Boundaries of the Viticultural 
Area Are as Specified in the Petition
    The proposed viticultural area is located on the land mass 
surrounding Puget Sound and know as the Puget Sound basin. The 
petitioners explained that there are no exacting and commonly 
understood boundaries for the basin. The basin boundaries, for example, 
can extend up to the crests of the Olympic and Cascade mountain ranges 
to include the entire watershed. However, individuals in western 
Washington State commonly refer to the lowland areas surrounding the 
Sound as the Puget Sound basin. It is these lowland areas that the 
petitioners feel are suited for viticulture.
    The petitioners stated that, ``Puget Sound has boulders determined 
absolutely by the forces of nature, and recognized by common cultural 
use. We merely used those public roads that most closely fit within 
those natural boundaries of terminal moraine [accumulation of 
boundaries, stones, or other debris carried and deposited at the edges 
of the farthest reaches of a glacier's advance], rainfall lines 
(isohyets), and temperature to draw enforceable borders.'' [definition 
added] The petitioners also state that, ``[t]he proposed viticultural 
area is smaller than the basin because not all of the basin is suitable 
for viticulture. Areas with elevations greater than 600 feet are 
generally too wet or too cold in this region so they have been 
excluded.''

Evidence Relating to the Geographical Features (Climate, Soil, 
Elevation, Physical Features, etc.) Which Distinguish Viticultural 
Features of the Proposed Area From Surrounding Areas

Climate
    The climate of Puget Sound is well differentiated from that of 
surrounding areas. The Olympic Mountains to the west and the Cascade 
Mountains to the east protect the region from the cool wet influence of 
the Pacific Ocean and the extreme summer and winter temperatures of 
eastern Washington. The Strait of Juan de Fuca and associated waterways 
separate Puget Sound from the cooler summer areas to the north. 
Foothills to the south of the proposed Puget Sound viticultural area 
are the limit of the area influenced by the moderating effect of the 
waters of the Sound. Both summer and winter [[Page 27062]] temperatures 
are significantly cooler in the hills and mountains to the west, south, 
and east.
    The western, eastern and southern boundaries of the proposed Puget 
Sound viticultural area closely follow the line formed by a growing 
season of 180 days and the 60 inch isohyet of annual precipitation. All 
areas within the proposed viticultural area below 600 feet in elevation 
have a 180 day or longer growing season with 60 inches or less of 
annual rainfall, and 15 inches or less of rainfall in the months of 
April to October (inclusive).
    Areas outside of, but adjacent to, the proposed viticultural area 
to the west, south, and east have a growing season of generally less 
than 180 days, with more than 60 inches of annual rainfall, and more 
than 15 inches of rainfall in the months of April to October 
(inclusive). Examples of weather recording stations surrounding the 
Puget Sound region are as follows: To the west is Forks, with a growing 
season of 175 days and an annual precipitation of 118 inches (38 inches 
April to October). To the southeast is Paradise Ranger Station (Mount 
Rainier National Park), with a growing season of 50 days and an annual 
precipitation of 106 inches (39 inches April to October). To the east 
is Diablo Dam with a growing season of 170 days and an annual 
precipitation of 72 inches (23 inches from April to October). To the 
northeast is Heather Meadows Recreational Area (Mt. Baker National 
Forest) with a growing season of 150 days and an annual precipitation 
of 110 inches (44 inches from April to October).
    The northerly border of the proposed viticultural area closely 
conforms to the temperature boundary of areas experiencing a mean high 
temperature in the warmest month (July) of 72 degrees Fahrenheit or 
greater. Cool air from the Pacific Ocean moves east through the Strait 
of Juan de Fuca during the growing season limiting the reliable 
ripening of winegrapes in the areas west of the Elwha River and outside 
the line formed by the western boundaries of Clallam, San Juan, and 
Whatcom Counties and the northern boundary of Whatcom County.
    Example of areas to the northwest of the proposed viticultural area 
with mean high temperatures in the warmest month which are lower than 
72 degrees Fahrenheit are: Forks, Washington, 71 degrees F; Clallum 
Bay, Washington, 67 degrees F; Victoria, British Columbia, 68 degrees 
F; and Sidney, British Columbia, 67 degrees F.
Degree Days
    Total degree days as measured by the scale developed by Winkler and 
Amerine of the University of California (Davis) range between 1300 at 
the northern border, to 2200 in the south. Typical readings are: Friday 
Harbor 1380, Blaine 1480, Sequim 1310, Port Townsend 1480, Mt. Vernon 
1530, Coupeville 1360, Monroe 1820, Bothell 1520, Kent 1940, Seattle (U 
of W) 2160, Bremerton 1810, Vashon 1730, Grapeview 2010, Puyallup 1770, 
Tacoma 1940, and Olympia 2160. There is a significant temperature 
variation from north to south. According to the petitioner, this 
temperature variation is within a range that will allow the same types 
of grapes to be grown throughout the proposed area.
Rainfall
    Rainfall in the proposed Puget Sound viticultural area is 
substantially less than in surrounding areas. It ranges from 17 inches 
annually in the north to 60 inches in the south. Typical amounts are: 
Friday Harbor 28'', Blaine 35'', Sequim 17'', Port Townsend 18'', Mt. 
Vernon 32'', Coupeville 18'', Monroe 47'', Bothell 40'', Kent 38'', 
Seattle (U of W) 35'', Bremerton 39'', Vashon 47'', Grapeview 53'', 
Puyallup 41'', Tacoma 37'', and Olympia 52''. Growing season rainfall 
ranges from 8 inches in the north to 15 inches in the south. Outside of 
the proposed boundaries, the rainfall ranges from 70 to 220 inches 
annually.
    Overall, the proposed Puget Sound viticultural area can be 
characterized as having a growing season of over 180 days, annual 
degree day averages between 1300 and 2200, and annual rainfall of 60 
inches or less.
Soils
    Soils in the proposed Puget Sound viticultural area are completely 
unlike those of the surrounding upland areas in that they are the 
result of the advance and withdrawal of the Vashon glaciation. This 
most recent glaciation (10,000 years ago) coincided at its limits with 
the eastern, southern, and southwestern boundaries of the proposed 
viticultural area. The resultant soils are primarily silty to sandy 
topsoils with scattered small to moderate rounded stones. This is 
typical of post glacial soils in lowland areas. Areas outside the 
proposed viticultural area to the west, south and east, were not 
covered by ice during the Vashon glaciation. Consequently, soils in 
surrounding areas have entirely different origins and genesis. The 
primary impact on viticultural conditions by the glaciation of the 
proposed Puget Sound viticultural area was the development of a semi-
permeable cemented subsoil at depths generally from one to ten feet. 
This subsoil was created by the pressure of one to three thousand feet 
of overlying ice. The subsoil acts as a storage vehicle for winter 
rains and allows deep rooted vines to survive the late-summer soil 
water deficit without irrigation. The surrounding areas which were not 
glaciated do not share this comparative advantage. The semi-permeable 
cemented subsoil is the most significant soil factor relative to 
viticulture in the area.
Topography and Geographical Features
    The Puget Sound basin is a large lowland surrounding bodies of salt 
water called in government reports ``Puget Sound'' or ``Puget Sound and 
Adjacent Waters.'' These waters comprise Puget Sound, a long, wide 
ocean inlet. The basin is cut by many rivers flowing into the Sound. 
Low rolling hills formed by the deposit and erosion of advancing and 
retreating glaciers are cut by ravines and stream channels. The 
dominating natural features are the sound itself and the surrounding 
mountains. The Olympic mountain range forms the western boundary of the 
Puget Sound basin. These mountains intercept moist maritime Pacific air 
and account for the relatively low annual precipitation. The Cascade 
mountain range forms the eastern boundary of the Puget Sound basin. 
These mountains protect the basin from the extremely cold winters and 
hot summers of eastern Washington. Elevations in the basin are 
primarily between sea-level and 1,000 feet. Isolated hills of up to 
4,000 feet occur primarily in the northeast but none of the existing 
vineyards is above 600 feet in elevation.
Viticulture
    The petitioners state that neither vinifera nor labrusca vines are 
native to the area; however, they are now grown throughout the basin. 
In 1872, Lambert Evans established a vineyard on Stretch Island in 
southern Puget Sound. He sold the fruit in Seattle. In the 1890's a 
viticulturalist from the east coast named Adam Eckert brought new grape 
varieties and planted more vineyards on the island. The first bonded 
winery in Washington State was established there in 1933 by Charles 
Somers. Known as the St. Charles Winery, it reached a capacity of 
100,000 gallons. Viticulture spread throughout the Puget Sound basin as 
evidenced by the annual reports of the Washington State Department of 
Agriculture. These [[Page 27063]] primarily labrusca plantings were 
gradually supplanted in most of the basin by vinifera plantings from 
the 1950's to the present. The Washington State Department of 
Agriculture report entitled, ``Washington Agriculture,'' 1960, reported 
2 small areas of grape cultivation outside of Yakima Valley; one of 
them being ``in western Washington in Kitsap county. There along the 
shores of Puget Sound, grapes have grown satisfactorily for many 
years.'' The 1993 publication, ``Touring the Washington Wine Country,'' 
which is published by the Washington Wine Commission states that, 
``Small vineyards flourish on Puget Sound's islands . . .'' There are 
now over 50 acres of vineyards in the basin and 25 bonded wineries.

Proposed Boundaries
    The boundaries of the proposed Puget Sound viticultural area may be 
found on four 1:250,000 scale U.S.G.S. maps titled: Hoquiam, Washington 
(1974); Seattle, Washington (1974); Wenatchee, Washington (1971); 
Victoria, B.C., Can., Wash., U.S. (1974); one 1:25,000 scale map 
titled: Auburn, Washington (1983); and three 1:24,000 scale maps 
titled: Buckley, Washington (1993); Cumberland, Washington (1993); and 
Enumclaw, Washington (1993).

Public Participation--Written Comments

    ATF requests comments from all interested persons. Comments 
received on or before the closing date will be carefully considered. 
Comments received after that date will be given the same consideration 
if it is practical to do so. However, assurance of consideration can 
only be given to comments received on or before the closing date.
    ATF will not recognize any submitted material as confidential and 
comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comments. The name of the 
person submitting a comment is not exempt from disclosure.
    Comments may be submitted by facsimile transmission to (202) 927-
8602, provided the comments: (1) are legible; (2) are 8\1/2\''  x  11'' 
in size, (3) contain a written signature, and (4) are three pages or 
less in length. This limitation is necessary to assure reasonable 
access to the equipment. Comments sent by FAX in excess of three pages 
will not be accepted. Receipt of FAX transmittals will not be 
acknowledged. Facsimile transmitted comments will be treated as 
originals.
    Any person who desires an opportunity to comment orally at a public 
hearing on the proposed regulation should submit his or her request, in 
writing, to the Director within the 45-day comment period. The 
Director, however, reserves the right to determine, in light of all 
circumstances, whether a public hearing will be held.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1980, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 C.F.R. 
Part 1320, do not apply to this notice because no requirement to 
collect information is proposed.

Regulatory Flexibility Act

    It is hereby certified that this proposed regulation will not have 
a significant impact on a substantial number of small entities. The 
establishment of a viticultural area is neither an endorsement nor 
approval by ATF of the quality of wine produced in the area, but rather 
an identification of an area that is distinct from surrounding areas. 
ATF believes that the establishment of viticultural areas merely allows 
wineries to more accurately describe the origin of their wines to 
consumers, and helps consumers identify the wines they purchase. Thus, 
any benefit derived from the use of a viticultural area name is the 
result of the proprietor's own efforts and consumer acceptance of wines 
from that region.
    Accordingly, a regulatory flexibility analysis is not required 
because the proposal, if promulgated as a final rule, is not expected 
(1) to have significant secondary, or incidental effects on a 
substantial number of small entities; or (2) to impose, or otherwise 
cause a significant increase in the reporting, recordkeeping, or other 
compliance burdens on a substantial number of small entities.

Executive Order 12866

    It has been determined that this proposed regulation is not a 
significant regulatory action as defined by Executive Order 12866. 
Accordingly, this proposal is not subject to the analysis required by 
this executive order.

Drafting Information

    The principal author of this document is David W. Brokaw, Wine, 
Beer, and Spirits Regulations Branch, Bureau of Alcohol, Tobacco, and 
Firearms.

List of Subjects in 27 CFR Part 9

    Administrative practices and procedures, Consumer protection, 
Viticultural areas, and Wine

Authority and Issuance

    Title 27, Code of Federal Regulations, Part 9, American 
Viticultural Areas, is proposed to be amended as follows:

PART 9--AMERICAN VITICULTURAL AREAS

    Paragraph 1. The authority citation for Part 9 continues to read as 
follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

    Par. 2. Subpart C is amended by adding Sec. 9.151 to read as 
follows:


Sec. 9.151  Puget Sound.

    (a) Name. The name of the viticultural area described in this 
section is ``Puget Sound.''
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Puget Sound viticultural area are four 1:250,000 scale 
U.S.G.S. topographical maps, one 1:25,000 scale topographic map, and 
three 1:24,000 scale topographic maps. They are titled:
    (1) Hoquiam, Washington, 1958 revised 1974 (1:250,000).
    (2) Seattle, Washington, 1958 revised 1974 (1:250,000).
    (3) Wenatchee, Washington, 1957 revised 1971 (1:250,000).
    (4) Victoria, B.C., Can., Wash., U.S., 1957 revised 1974 
(1:250,000).
    (5) Auburn, Washington, 1983 (1:25,000).
    (6) Buckley, Washington, 1993 (1:24,000).
    (7) Cumberland, Washington, 1993 (1:24,000).
    (8) Enumclaw, Washington, 1993 (1:24,000).
    (c) Boundary. The Puget Sound viticultural area is located in the 
State of Washington. The boundaries of the Puget Sound viticultural 
area, using landmarks and points of reference found on appropriate 
U.S.G.S. maps, follow.
    (1) Beginning where the Whatcom county line comes closest to an 
unnamed secondary road (referred to in the petition as Silver Lake 
Road) on the U.S.G.S. map ``Victoria,'' T41N/R6E;
    (2) Then south along Silver Lake Road approximately 5.5 miles to 
its intersection with State Highway 542, T39N/R5E;
    (3) Then west and then southwest along State Highway 542 
approximately 11 miles to its intersection with State Highway 9, T38N/
R5E;

[[Page 27064]]

    (4) Then south along State Highway 9 approximately 44 miles to its 
intersection with an unnamed secondary road (referred to in the 
petition as Burn Road) at the town of Arlington, T31N/R5E;
    (5) Then south, southeast along Burn Road approximately 11 miles to 
its intersection with State Highway 92, T30N/R6E;
    (6) Then south along State Highway 92 approximately 3 miles to its 
intersection with an unnamed light duty road (referred to in the 
petition as Machias Hartford Road), T29N/R6E;
    (7) Then south along Machias Hartford Road approximately 4 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as Lake Roesiger Road), on the U.S.G.S. map ``Wenatchee,'' 
T29N/R7E;
    (8) Then east along Lake Roesiger Road approximately 3.5 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as Woods Creek Road), T29N/R7E;
    (9) Then south along Woods Creek Road approximately 10.5 miles to 
its intersection with U.S. Highway 2 in the town of Monroe, T27N/R7E;
    (10) Then west along U.S. Highway 2 approximately \1/2\ mile to its 
intersection with State Highway 203, T27N/R6E;
    (11) Then south along State Highway 203 approximately 24 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as Preston-Fall City Road), at the town of Fall City, T24N/
R7E;
    (12) Then southwest along Preston-Fall City Road approximately 4 
miles to its intersection with Interstate Highway 90 at the town of 
Preston, T24N/R7E;
    (13) Then east along Interstate Highway 90 approximately 3 miles to 
its intersection with State Highway 18, T23N/R7E;
    (14) Then southwest along State Highway 18 approximately 7 miles to 
its intersection with an unnamed secondary road (referred to in the 
petition as 276th Avenue SE), T23N/R6E;
    (15) Then south along 276th Avenue SE approximately 5 miles to its 
intersection with State Highway 516 at the town of Georgetown, T22N/
R6E;
    (16) Then west along State Highway 516 approximately 2 miles to its 
intersection with State Highway 169 at the town of Summit on the 
U.S.G.S. map, ``Seattle,'' (shown in greater detail on the U.S.G.S. 
map, ``Auburn''), T22N/R6E;
    (17) Then south along State Highway 169 approximately 11.5 miles to 
its intersection with State Highway 410 at the town of Enumclaw on the 
U.S.G.S. map, ``Wenatchee,'' (shown in greater detail on the U.S.G.S. 
map, ``Enumclaw''), T20N/R6E;
    (18) Then southwest approximately 5 miles along State Highway 410 
until its intersection with State Highway 165 on the U.S.G.S. map, 
``Seattle,'' (shown in greater detail on the U.S.G.S. map, 
``Buckley''), T19N/R6E;
    (19) Then southwest on State Highway 165 until its intersection 
with State Highway 162 at the town of Cascade Junction on the U.S.G.S. 
map, ``Seattle'' (shown in greater detail on the U.S.G.S. Map, 
``Buckley''), T19N/R6E;
    (20) Then southwest along State Highway 162 approximately 8 miles 
to its intersection with an unnamed secondary road (referred to in the 
petition as Orville Road E.), T19N/R5E;
    (21) Then south along Orville Road E., approximately 8 miles to its 
intersection with the CMSTP&P railroad at the town of Kapowsin, on the 
U.S.G.S. map, ``Hoquiam,'' T17N/R5E;
    (22) Then south along the CMSTP&P railroad approximately 17 miles 
to where it crosses the Pierce County line at the town of Elbe, T15N/
R5E;
    (23) Then west along the Pierce County line approximately 1 mile to 
the eastern tip of Thurston County, T15N/R5E;
    (24) Then west along the Thurston County line approximately 38 
miles to where it crosses Interstate Highway 5, T15N/R2W;
    (25) Then north along Interstate Highway 5 approximately 18 miles 
to its intersection with U.S. Highway 101 at the town of Tumwater on 
the U.S.G.S. map ``Seattle,'' T18N/R2W;
    (26) Then northwest along U.S. Highway 101 approximately 18 miles 
to its intersection with State Highway 3 at the town of Shelton, T20N/
R3W;
    (27) Then northeast along State Highway 3 approximately 24 miles to 
where it crosses the Kitsap County line, T23N/R1W;
    (28) Then north along the Kitsap County line approximately 3 miles 
to the point where it turns west, T23N/R1W;
    (29) Then west along the Kitsap County line approximately 11 miles 
to the point where it turns north, T23N/R3W;
    (30) Then continuing west across Hood Canal approximately 1 mile to 
join with U.S. Highway 101 just south of the mouth of an unnamed creek 
(referred to in the petition as Jorsted Creek), T23N/R3W;
    (31) Then north along U.S. Highway 101 approximately 40 miles to 
the point where it turns west at the town of Gardiner on the U.S.G.S. 
map ``Victoria,'' T30N/R2W;
    (32) Then west along U.S. Highway 101 approximately 32 miles to 
where it crosses the Elwha River, T30N/R7W;
    (33) Then north along the Elwha River approximately 6 miles to its 
mouth, T31N/R7W;
    (34) Then continuing north across the Strait of Juan de Fuca 
approximately 5 miles to the Clallam County line, T32N/R7W;
    (35) Then northeast along the Clallam County line approximately 14 
miles to the southwestern tip of San Juan County, T32N/R4W;
    (36) Then northeast along the San Juan County line approximately 51 
miles to the northern tip of San Juan County, T38N/R3W;
    (37) Then northwest along the Whatcom County line approximately 19 
miles to the western tip of Whatcom County, T41N/R5W;
    (38) Then east along the Whatcom County line approximately 58 miles 
to the beginning.

    Signed: May 3, 1995.
Daniel R. Black,
Acting Director.
[FR Doc. 95-12410 Filed 5-19-95; 8:45 am]
BILLING CODE 4810-31-M