[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Proposed Rules]
[Pages 13262-13284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5436]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF95


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for the Steller's Eider

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat for the Alaska-breeding population of the 
Steller's eider (Polysticta stelleri), a threatened species pursuant to 
the Endangered Species Act of 1973, as amended (Act). Proposed 
designation of critical habitat for the Steller's eider includes areas 
on the North Slope of Alaska, the Yukon-Kuskokwim Delta (Y-K Delta), 
and seven marine areas in southwest and south coastal Alaska. These 
areas total 65,858 square kilometers (km2) (25,428 square 
miles (mi2)). The marine units include 14,458 kilometers 
(km) (8,984 mi) of coastline.
    If this proposal is made final, section 7(a)(2) of the Act requires 
that Federal agencies ensure that actions they fund, permit, or carry 
out are not likely to result in the ``destruction or adverse 
modification'' of critical habitat. ``Destruction or adverse 
modification'' of critical habitat is defined as an alteration that 
appreciably diminishes the value of critical habitat for both the 
survival and recovery of a listed species. Therefore, designation of 
critical habitat does not restrict human activity or development unless 
the impact to habitat is so significant that it impairs the survival or 
recovery potential of the listed taxon as a whole. Furthermore, the 
regulatory impact of critical habitat designation does not extend 
beyond those activities funded, permitted, or conducted by Federal 
agencies. Exclusively State or private actions are not affected.
    Section 4 of the Act requires us to consider economic and other 
impacts of specifying any particular area as critical habitat. We 
solicit data and comments from the public on all aspects of this 
proposal, including data on the economic and other impacts of the 
designation. We may revise this proposal to incorporate or address 
comments and other information received during the comment period.

DATES: The public comment period for this proposal closes on May 12, 
2000. Requests for public hearings must be

[[Page 13263]]

received in writing at the address below by April 27, 2000. We will 
publish the dates and locations of any public hearings in the Federal 
Register and appropriate local newspapers at least 15 days prior to the 
first hearing.

ADDRESSES: You may inspect the complete file for this rule at the U.S. 
Fish and Wildlife Service, Northern Alaska Ecological Services, 101 
12th Ave., Rm 110, Fairbanks, AK 99701, by appointment, during normal 
business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ted Swem, Endangered Species Branch, 
Northern Alaska Ecological Services, at the above address (telephone 
907/456-0203; facsimile 907/456-0208).

SUPPLEMENTARY INFORMATION:

Background

Description

    The Steller's eider was first described by Peter Simon Pallas in 
1769 (Bent 1925), and given the scientific name Anas stelleri Pallas. 
After seven name changes, it was grouped with other eiders as Somateria 
stelleri. Now it is considered distinct from the other eiders, and is 
the only species in the genus Polysticta (American Ornithologists' 
Union 1983). This genus is grouped with the other seaducks under the 
Tribe Mergini (eiders, scoters, mergansers, and allies), the Subfamily 
Anatinae (ducks), and the Family Anatidae (swans, geese, and ducks).
    It is the smallest of four eider species; both sexes are 
approximately 45 centimeters (17-18 inches) long (Bellrose 1980). The 
plumage of the breeding adult male is white, black, and chestnut. The 
head is white with black eye patches and light green tinging on the 
forehead, lores (space between bill and eye), and below the eye. The 
chin and throat are black, separated from a broad black collar around 
the lower neck by a white ring. The shoulders and back are also black 
and each tertial (inner wing) feather is bicolored longitudinally, with 
the inner half being white and the outer half being bluish-black, 
giving the back a striped appearance when the wing is folded. The 
speculum (patch of colored feathers on the wing) is dark blue and the 
breast and belly are chestnut shading to black posteriorly. A black 
spot is present on each side of the breast. The flanks, rump, and 
under-tail coverts (feathers) are black, and the wedge-shaped tail is 
dark brown. Males in eclipse plumage (dull plumage assumed prior to 
molt) during late summer and fall are entirely mottled brown except the 
wings are like the adult breeding male's and the upper wing-coverts are 
white. Females and juveniles year-round are mottled brown, and the 
female adult has a blue speculum bordered in white.

Geographic Range

    Three breeding populations of Steller's eiders are recognized, two 
in Arctic Russia and one in Alaska. The majority of Steller's eiders 
breed in Russia and are identified by separate breeding and wintering 
distributions (Nygard et al. 1995). The Russian Atlantic population 
nests west of the Khatanga River and winters in the Barents and Baltic 
seas. The Russian Pacific population nests east from the mouth of the 
Khatanga River and winters in the southern Bering Sea and northern 
Pacific Ocean, where it presumably intermixes with the Alaska-breeding 
population. Neither Russia-breeding population is listed as threatened 
or endangered; only Steller's eiders that nest in Alaska are listed as 
threatened under the Act.
    This proposal for critical habitat addresses the Alaska-breeding 
population of Steller's eiders, the only population listed under the 
Act, but the Alaska-breeding population is visually indistinguishable 
from the unlisted Russian Pacific population. During the autumn molt, 
winter, and spring migration staging periods, the listed Alaska-
breeding population intermixes with the more numerous and unlisted 
Russia-breeding population in marine waters of southwest Alaska. During 
these times, it is unknown whether the Alaska-breeding population 
concentrates in distinct areas or disperses throughout the species' 
marine range.
    The exact historical breeding range of the Alaska-breeding 
population of Steller's eiders is not clear. The historical range may 
have extended discontinuously from the eastern Aleutian Islands to the 
western and northern Alaska coasts, possibly as far east as the 
Canadian border. In more recent times, breeding occurred in two general 
areas, the Arctic Coastal Plain on the North Slope, and western Alaska, 
primarily on the Y-K Delta. Today, Steller's eiders breed on the 
western Arctic Coastal Plain in northern Alaska, from approximately 
Point Lay east to Prudhoe Bay, and in extremely low numbers on the Y-K 
Delta.
    On the North Slope, anecdotal historical records indicate that the 
species occurred from Wainwright east, nearly to the Alaska-Canada 
border (Anderson 1913; Brooks 1915). There are few historical records 
from the eastern North Slope, however, so it is unknown whether the 
species was abundant there or whether sightings were uncommon. Today, 
the species predominantly breeds on the western North Slope, in the 
northern half of the National Petroleum Reserve--Alaska (NPR-A). The 
majority of sightings in the last decade have occurred east of the 
mouth of the Utukok River, west of the Colville River, and within 90 km 
(56 mi) of the coast. Within this extensive area, Steller's eiders 
generally breed at very low densities.
    The Steller's eider was considered a locally ``common'' breeder in 
the intertidal, central Y-K Delta by naturalists early in the 1900s 
(Murie 1924; Conover 1926; Gillham 1941; Brandt 1943), but the bird was 
reported to breed in only a few locations. By the 1960s or 70s, the 
species had become extremely rare on the Y-K Delta, and only six nests 
have been found in the 1990s (Flint and Herzog 1999). Given the paucity 
of early recorded observations, only subjective estimates can be made 
of the Steller's eider's historical abundance or distribution on the Y-
K Delta.
    A few Steller's eiders were reportedly found nesting in other 
locations in western Alaska, including the Aleutian Islands in the 
1870s and 80s (Gabrielson and Lincoln 1959), Alaska Peninsula in the 
1880s or 90s (Murie and Scheffer 1959), Seward Peninsula in the 1870s 
(Portenko 1989), and on Saint Lawrence Island as recently as the 1950s 
(Fay and Cade 1959). Nesting Steller's eiders are no longer found at 
these western Alaska sites.
    After breeding, Steller's eiders move to the Alaska Peninsula where 
they undergo a flightless molt for about 3 weeks. Most birds molt in 
four areas--Izembek Lagoon (Metzner 1993; Dau 1999a; Laubhan and 
Metzner 1999), Nelson Lagoon, Herendeen Bay, and Port Moller (Gill et 
al. 1981; Petersen 1981; Dau 1999a). Additionally, Steller's eiders are 
known or thought to molt in a number of other locations along the 
northwestern Alaska coast, around islands in the Bering Sea, and along 
the coast of Bristol Bay (Swarth 1934; Dick and Dick 1971; Petersen and 
Sigman 1977; Wilk et al. 1986; Dau 1987; Petersen et al. 1991; Day et 
al. 1995; Dau 1999a). The breeding derivation of molting Steller's 
eiders in the Russian Far-East, primarily Kamchatka, is undetermined.
    Recoveries of banded Steller's eiders suggest that the Alaska-
breeding population of Steller's eiders intermixes with Russian 
Pacific-breeders in southwest Alaska during molt. Steller's eiders 
banded during molt at Izembek and Nelson lagoons have been found during 
the breeding season near Barrow (Jones 1965; Service, U.S. Geological

[[Page 13264]]

Survey, and North Slope Borough, unpubl. data) as well as in a number 
of locations in Russia (Jones 1965). However, it is unknown if Alaska-
breeding Steller's eiders molt in locations other than Izembek and 
Nelson lagoons.
    In general, wintering Steller's eiders occupy shallow, near-shore 
marine waters in much of southwest and south coastal Alaska. They are 
found around islands and along the coast of the Bering Sea and north 
Pacific Ocean from the Aleutian Islands, along the Alaska Peninsula and 
Kodiak Archipelago, east to lower Cook Inlet. Along open coastline, 
Steller's eiders usually remain within about 400 meters (m) (400 yards 
(yd)) of shore normally in water less than 10 m (30 feet (ft)) deep (C. 
Dau, Service, pers. comm. 1999) but can be found well offshore in 
shallow bays and lagoons or near reefs (C. Dau, pers. comm. 1999; D. 
Zwiefelhofer, Service, pers. comm. 1999). An unknown number of 
Steller's eiders winter along the Russian and Japanese coasts. They 
have been reported from the Anadyr Gulf (Konyukhov 1990), Komandor 
(Commander) and Kuril islands in Russia (Kistchinski 1973; Palmer 
1976), and near Hokkaido Island in northern Japan (Brazil 1991).
    Prior to spring migration, thousands to tens of thousands of 
Steller's eiders stage at a series of locations along the north side of 
the Alaska Peninsula, including several of the areas used during molt 
and winter such as Port Heiden, Port Moller, Nelson Lagoon, and Izembek 
Lagoon (Larned et al. 1994; Larned 1998). From there, they cross 
Bristol Bay, and it is thought that virtually the entire Alaska-
wintering adult population spends days or weeks feeding and resting in 
northern Kuskokwim Bay and in smaller bays along its perimeter (W. 
Larned, Service, pers. comm. 1999). The number seen there varies among 
years, presumably because lingering sea ice may slow northward 
migration in some years. An estimated 42,000 have concentrated in early 
May in Kuskokwim Bay when ice has delayed northward migration (Larned 
et al. 1994). Steller's eiders also concentrate along the southwest 
coast of the Y-K Delta and southern coast of Nunivak Island during 
spring migration (Larned et al. 1994; R. King, Service, unpublished 
data).
    Steller's eiders move north through the Bering Strait between mid-
May and early June (Bailey 1943; Kessel 1989). Subadults may remain in 
wintering areas or along the migration route during the summer breeding 
season, as they have been noted in Nelson Lagoon in July (M. Petersen, 
U.S. Geological Survey, pers. comm. 1999), around Nunivak Island from 
July to October (B. McCaffery, Service, pers. comm. 1999) and offshore 
and along the lagoons of St. Lawrence Island in summer (Fay 1961). 
Steller's eiders have been seen in lagoons along the northwest coast of 
Alaska in late July, and these also may be subadults (Johnson et al. 
1992; Day et al. 1995).
    Fall migration is protracted, with Steller's eiders moving south 
through the Bering Strait from late July through October (Kessel 1989), 
depending on age and sex of individuals and whether migration takes 
place before or after wing molt (Jones 1965). Fall migration routes are 
poorly understood but groups have been seen passing near shore at 
Nunivak Island (Dau 1987) and Cape Romanzof (McCaffery and Harwood 
1997).

Population Status

    Determining population trends for Steller's eiders is difficult; 
however, the Steller's eider's breeding range in Alaska appears to have 
contracted substantially, with the species disappearing from much of 
its historical range in western Alaska (Kertell 1991) and possibly a 
portion of its range on the North Slope. In areas where the species 
still occurs in Alaska, the frequency of occurrence (the proportion of 
years in which the species is present) and the frequency of breeding 
(the proportion of years in which the species attempts to nest) have 
both apparently declined in recent decades (Quakenbush et al. in 
prep.).
    We do not know whether the species' breeding population on the 
North Slope is currently declining, stable, or improving. Although 
Steller's eiders are counted there during extensive aerial waterfowl 
and eider surveys, few are seen in most years because the species 
occurs at very low density and the surveys sample only a small 
proportion of the suitable breeding habitat. Based on observations at 
Barrow, we have found that breeding population size and breeding effort 
vary considerably among years, therefore, detecting statistically 
significant population trends or precisely estimating population size 
is difficult.
    Despite the difficulty in detecting statistically significant 
trends with North Slope aerial survey data, these data can be used to 
derive an estimate of breeding population size. Several dozen Steller's 
eiders are usually detected during aerial breeding-pair waterfowl 
surveys on the North Slope each year (Service unpublished data). These 
surveys sample 2-3 percent of the suitable waterfowl breeding habitat 
annually. When extrapolated to the entire study area, the number of 
sightings suggests that hundreds or low thousands (point estimates 
range from 534 to 2,543 in 1989-1998) of Steller's eiders would be 
detected if the entire region were surveyed each year. Actual 
population size is probably higher. Based on these observations, it 
seems reasonable to estimate that hundreds or thousands of Steller's 
eiders occur on the North Slope. Similar aerial surveys are conducted 
on the Y-K Delta, but no Steller's eiders were detected using this 
technique so population size and trends cannot be estimated; however, 
it is obvious that a drastic reduction in the species' abundance has 
occurred (Kertell 1991).

Previous Federal Action

    In December 1990, James G. King of Juneau, Alaska, petitioned us to 
list the Steller's eider under the Act. In May 1992, we determined that 
listing was warranted but precluded by higher listing priorities 
elsewhere. In 1993, a status review of the species concluded that 
listing of the Alaska-breeding population as threatened was warranted, 
although the available information did not support listing the species 
worldwide (57 FR 19852). A proposed rule to list the Alaska-breeding 
population of Steller's eiders as threatened was published in the 
Federal Register on July 14, 1994 (59 FR 35896). Appropriate Federal 
and State agencies; borough, city, and village governments; scientific 
and environmental organizations; and other interested parties were 
contacted and encouraged to comment. Shortly thereafter, a new Service 
policy (59 FR 34270) was implemented requiring that listing proposals 
be reviewed by at least three independent specialists. The comment 
period was reopened in June 1995 to seek peer review, and appropriate 
parties were again contacted and encouraged to comment. A final 
determination on whether listing was warranted was further delayed by a 
national moratorium on listing (Public Law 104-6) implemented in April 
1995, which prevented final determination on listing actions for the 
remainder of the fiscal year; that moratorium was later extended until 
April 1996.
    We received comments on listing Steller's eiders from a total of 
nine parties during the two comment periods. Of the comments, four 
supported listing, four were neutral, and one, the Alaska Department of 
Fish and Game, opposed listing. We also received peer review from five 
recognized experts on eider or seaduck population monitoring, modeling, 
or management;

[[Page 13265]]

all five supported listing the Alaska-breeding population of Steller's 
eiders as threatened or endangered. Two environmental organizations 
(The Wilderness Society and Greenpeace) recommended designating 
critical habitat in current and historical breeding habitat, wintering 
habitat along the Alaska Peninsula, and other marine areas. The North 
Slope Borough supported listing but, although not specifically 
mentioning ``critical habitat,'' recommended against additional special 
protection near the village of Barrow. Of the five independent experts 
who provided peer review, four commented on critical habitat 
designation. One suggested studies of breeding ecology to identify 
critical habitat requirements, one recommended designating critical 
habitat near Barrow, one suggested ``absolute protection'' for 
Steller's eiders nesting anywhere in Alaska, and one mentioned that 
protecting ``coastal molting and wintering range'' was perhaps more 
important than breeding habitat.
    On June 11, 1997, we listed the Alaska breeding population of 
Steller's eiders (62 FR 31748) as threatened. That decision included a 
determination that designation of critical habitat was not prudent at 
that time. Service regulations (50 CFR 424.12(a)(1)) state that 
designation of critical habitat is not prudent if designation would not 
be beneficial to the species. Section 7(a)(2) of the Act requires 
Federal agencies to ensure, in consultation with the Service, that 
activities they fund, authorize, or carry out are not likely to 
jeopardize the continued existence of listed species. At the time of 
our determination, we stated that critical habitat designation would 
provide no additional benefit to Steller's eiders because protection of 
the species' habitat would be ensured through section 7 consultations, 
the recovery process, and, as appropriate, through the section 10 
habitat conservation planning process.
    On March 10, 1999, the Southwest Center for Biological Diversity, 
Center for Biological Diversity, and Christians Caring for Creation 
filed a lawsuit in Federal District Court in the Northern District of 
California against the Secretary of the Department of the Interior for 
failure to designate critical habitat for five species in California 
and two in Alaska. These species include the Alameda whipsnake 
(Masticophis lateralis euryxanthus), the zayante band-winged 
grasshopper (Trimerotropis infantilis), the Morro shoulderband snail 
(Helmintholglypta walkeriana), the Arroyo southwestern toad (Bufo 
microscaphus californicus), the San Bernardino kangaroo rat (Dipodomys 
merriami parvus), the spectacled eider (Somateria fischeri), and the 
Steller's eider. Subsequently, the Federal Government entered into a 
settlement agreement with the plaintiffs, by which the Service agreed 
to readdress the prudency of designating critical habitat for Steller's 
eiders by March 1, 2000, and propose critical habitat if prudent. If, 
upon consideration of all available information and comments, we 
determine that designating critical habitat is prudent, we have agreed 
to send a final rule to the Federal Register by January 5, 2001. If we 
determine that designation of critical habitat is not prudent, we have 
agreed to send a notice of this finding to the Federal Register by 
August 1, 2000.
    In the last few years, a series of court decisions have overturned 
Service determinations regarding a variety of species that designation 
of critical habitat would not be prudent (e.g., Natural Resources 
Defense Council v. U.S. Department of the Interior 113 F. 3d 1121 (9th 
Cir. 1997); Conservation Council for Hawaii v. Babbitt, 2 F. Supp. 2d 
1280 (D. Hawaii 1998)). Based on the standards applied in those 
judicial opinions and the availability of some new information 
concerning the species' habitat needs, we recognized the value in 
reexamining the question of whether critical habitat for Steller's 
eider would be prudent. This proposal is the product of this 
reexamination and reflects our best interpretation of the recent 
judicial opinions on critical habitat designation. If additional 
information becomes available on the biology and distribution of the 
species, we may reevaluate our critical habitat designation, including 
proposing additional critical habitat or proposing deletion or boundary 
refinement of existing critical habitat.

Critical Habitat

    Critical habitat is defined in section 3(5)(A) of the Act as (i) 
the specific areas within the geographic area occupied by the species 
on which are found those physical or biological features (I) essential 
to the conservation of the species and (II) that may require special 
management consideration or protection; and (ii) specific areas outside 
the geographical area occupied by the species at the time it is listed, 
upon a determination that such areas are essential for the conservation 
of the species. ``Conservation'' is defined in section 3(3) of the Act 
as the use of all methods and procedures necessary to bring endangered 
or threatened species to the point at which listing under the Act is no 
longer necessary.
    Section 4(b)(2) of the Act requires that we base critical habitat 
proposals upon the best scientific and commercial data available, after 
taking into consideration the economic impact, and any other relevant 
impact, of specifying any particular area as critical habitat. We may 
exclude any area from critical habitat designation if the benefits of 
such exclusion outweigh the benefits of including such area as part of 
the critical habitat, provided the exclusion will not result in the 
extinction of the species (section 4(b)(2) of the Act). Critical 
habitat is not to be designated in foreign countries or outside the 
jurisdiction of the United States (50 CFR 424.12(h)).
    The designation of critical habitat does not, in and of itself, 
restrict human activities or development, nor does it mandate specific 
management or recovery actions. Critical habitat designation 
contributes to species conservation primarily by identifying important 
habitat for the species and by describing the habitat features that are 
thought to be essential for the species. This action can alert public 
and private entities to the area's importance and result in cooperative 
strategies for conserving the habitat and its primary constituent 
elements. The only regulatory impact of critical habitat designation is 
through the provisions of section 7 of the Act, and these provisions 
apply only to actions with a Federal ``nexus'' (i.e., actions 
authorized, funded, or conducted by any Federal agency) and do not 
affect exclusively State or private activities on non-Federal land.
    Section 7(a)(2) of the Act requires Federal agencies to ensure that 
actions they authorize, fund, or conduct do not jeopardize the 
continued existence of listed species. Activities that jeopardize 
listed species are defined as actions that ``directly or indirectly, 
reduce appreciably the likelihood of both the survival and recovery of 
a listed species'' (50 CFR 402.02). Thus, Federal agencies cannot 
jeopardize listed species through their actions, regardless of whether 
critical habitat has been designated for the species. Where critical 
habitat is designated, section 7 also requires Federal agencies to 
ensure that activities they authorize, fund, or conduct do not result 
in the destruction or adverse modification of designated critical 
habitat. Activities that destroy or adversely modify critical habitat 
are defined as those actions that ``appreciably diminish the value of 
critical habitat for both the survival and recovery of the species'' 
(50 CFR 402.02). Common to the definitions of both ``jeopardy'' and 
``destruction or

[[Page 13266]]

adverse modification of critical habitat'' is the concept that the 
likelihood of both survival and recovery of the species are appreciably 
reduced by the action. Because of this common threshold, actions that 
are likely to destroy or adversely modify critical habitat are also 
likely to jeopardize the species. Therefore, the protection provided by 
critical habitat designation generally duplicates that provided under 
the section 7 jeopardy provision.
    Clearly identifying the areas and habitat features important to 
listed species assists Federal agencies and potential permit applicants 
in identifying where and under what circumstances section 7 
consultations are required. More importantly, drawing attention to the 
species' plight and habitat requirements may increase the consideration 
given to the species during project planning and land management 
decisions.

Prudency Finding

    In the absence of a finding that critical habitat would increase 
threats to a species, if critical habitat designation would provide any 
benefits to the species, then a prudent finding is warranted. In the 
case of this species, designation of critical habitat may provide some 
benefits. While a critical habitat designation for habitat currently 
occupied by this species would not be likely to change the section 7 
consultation outcome because an action that destroys or adversely 
modifies such critical habitat would also be likely to result in 
jeopardy to the species, there may be instances where section 7 
consultation would be triggered only if critical habitat is designated. 
An example could include occupied habitat that may become unoccupied in 
the future. Raising the profile of the lands and waters within our 
proposed critical habitat boundary may also be beneficial to the 
species because it may increase the degree to which Federal agencies 
fulfill their responsibilities under section 7(a)(1) of the Act (to use 
their authorities to carry out programs for the conservation of listed 
species). Designating critical habitat may also provide some 
educational or informational benefits.
    We do not have specific evidence of taking, vandalism, collection, 
or trade in this species that might be exacerbated by the publication 
of critical habitat maps and further dissemination of locational 
information. Consequently, consistent with applicable regulations (50 
CFR 424.12(a)(1)(i)) and recent case law, we do not expect that the 
identification of critical habitat will increase the degree of threat 
to this species of taking or other human activity. Therefore, we 
propose that designating critical habitat is prudent for the Steller's 
eider.
    After reviewing the best scientific and commercial data available, 
we propose to withdraw the previous finding that designation of 
critical habitat for the Steller's eider is not prudent, and we propose 
to designate critical habitat on the North Slope of Alaska, the Y-K 
Delta, and seven marine areas in southwest and southcoastal Alaska.

Methods

    Critical habitat is defined as (1) the specific areas within the 
geographical area currently occupied by the species on which are found 
those physical and biological features that are essential for the 
conservation of the species and that may require special management 
considerations or protection, and (2) specific areas outside the 
geographical area occupied by a species at the time it is listed upon 
determination by the Secretary that such areas are essential for the 
conservation of the species (50 CFR 424.02(d)). All the geographic 
areas we propose to designate as critical habitat are within what we 
believe to be the current range of the species based on available 
information. To determine which of the occupied areas meet this 
definition, we reviewed all available information on the distribution, 
diet, and habitat associations of, and threats to, Steller's eiders. 
Information reviewed included published and unpublished accounts from 
early historical investigations and more recent aerial, boat, and 
ground-based surveys and studies.
    Two factors complicate evaluating which areas and habitat features 
are essential for the conservation of the Alaska-breeding population of 
the Steller's eider. First, information is inadequate on the 
distribution of the listed, Alaska-breeding population during the 
nonbreeding season. The Alaska-breeding population, which likely 
numbers in the hundreds or low thousands, is thought to molt and winter 
in the same broad region as the much more numerous Russian Pacific 
population. If the Alaska-breeding population is distributed 
proportionately across the species' extensive nonbreeding range, the 
listed population is greatly diluted in any given location by members 
of the nonlisted breeding population. In contrast, if the Alaska-
breeding population concentrates in specific portions of the species' 
molting and wintering ranges, the habitat within those geographic areas 
would be more disproportionately essential for recovery of the listed 
population. Currently, information to determine which scenario most 
closely applies is insufficient.
    The second factor complicating critical habitat designation for the 
Steller's eider is that recovery, which is the objective of endangered 
species conservation, has yet to be defined for Alaska-breeding 
Steller's eiders. The Steller's Eider Recovery Team is currently 
working to develop a recovery plan for the species, but has not yet set 
numerical criteria for recovery, either in terms of population size or 
distribution. In the absence of clearly defined recovery objectives or 
criteria, determining which physical and biological features are 
essential for recovery is difficult. After considering these 
complicating factors, we believe it is essential to the recovery of the 
species to maintain the existing population on the North Slope and 
allow for recovery of the greatly depressed population on the Y-K 
Delta. Therefore, we believe that the following three components are 
essential for the conservation of the Alaska-breeding population of 
Steller's eiders:
    (1) The North Slope breeding subpopulation and its habitat must be 
maintained sufficiently to sustain healthy reproduction and allow for 
potential population growth;
    (2) The Y-K Delta subpopulation must be increased in abundance to 
decrease the Alaska-breeding population's vulnerability to extirpation; 
and
    (3) Molting, wintering, and spring staging habitat in the marine 
environment must be maintained to ensure adequate survival during the 
nonbreeding season.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining what areas to propose as critical 
habitat, we consider those physical and biological habitat features 
that are essential to the conservation of the species and that may 
require special management considerations or protection. These include, 
but are not limited to, the following:
    Space for individual and population growth, and for normal 
behavior;
    Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    Cover or shelter;
    Sites for breeding, reproduction, or rearing offspring; and, 
generally
    Habitats that are protected from disturbance or are representative 
of the

[[Page 13267]]

historical geographical and ecological distributions of the species.
    The primary constituent elements for Steller's eiders vary by 
season, depending on the habitat occupied. As a result, the primary 
constituent elements for Steller's eiders are different in proposed 
terrestrial and marine units; elaboration is provided in the Proposed 
Critical Habitat section, below.

Proposed Critical Habitat

    After reviewing the best scientific and commercial data available, 
we propose to designate critical habitat for the Alaska-breeding 
population of the Steller's eider, including breeding habitat on the 
North Slope and Y-K Delta, and seven marine units in southwest and 
southern coastal Alaska where the birds molt, winter, or stage during 
spring migration. The approximate area of proposed critical habitat by 
land ownership is shown in Table 1. Lands proposed as critical habitat 
are under private, State, Native, and Federal ownership. Estimates 
reflect the total area within critical habitat unit boundaries, without 
regard to the presence of primary constituent elements. The area 
actually proposed as critical habitat is therefore less than that 
indicated in Table 1. Given the large area being proposed, estimates 
made for the proposal could differ significantly from estimates in any 
final designation due to changes in the information available and 
improved calculation methods.

 Table 1.--Estimated Hectares of Land and Marine Waters Proposed as Critical Habitat, Which Are Occupied by the Steller's Eider, Summarized by Private,
                                                     State, Federal and Native Government Ownership
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Federal               State                Native           Other Private
                        Location                        ------------------------------------------------------------------------------------    Total
                                                           Hectares      %      Hectares      %      Hectares      %      Hectares      %
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Slope (land).....................................    3,652,400      89      132,300       3      303,700       7  ...........  ......    4,088,400
Y-K Delta (land).......................................      202,500      65  ...........  ......      108,600      35          300       1      311,400
Nunivak Island (marine)................................       20,500     100  ...........  ......  ...........  ......  ...........  ......       20,500
Kuskokwim Bay (marine).................................  ...........  ......    1,285,200     100  ...........  ......  ...........  ......    1,285,200
N. Side Alaska Peninsula (marine)......................  ...........  ......      200,700     100  ...........  ......  ...........  ......      200,700
Eastern Aleutians (marine).............................        4,500       5       84,600      95  ...........  ......  ...........  ......       89,100
S. Side Alaska Peninsula (marine)......................        4,800       1      337,100      99  ...........  ......  ...........  ......      341,900
Kachemak Bay/Ninilchik (marine)........................  ...........  ......      114,200     100  ...........  ......  ...........  ......      114,200
Kodiak (marine)........................................       27,900      21      106,500      79  ...........  ......  ...........  ......      134,400
                                                        ------------------------------------------------------------------------------------------------
    Total..............................................    3,912,600      59    2,260,600      34      412,300       6          300       1    6,585,800
--------------------------------------------------------------------------------------------------------------------------------------------------------

Unit 1: North Slope Nesting Unit

    The historical distribution of Steller's eiders on Alaska's North 
Slope encompasses a broad area, from the Chukchi Sea coast to the 
Canadian border. The North Slope comprises two major ecological 
regions--the Arctic Coastal Plain, along the northern edge of the North 
Slope, and the Arctic Foothills, which form the transition between the 
coastal plain and the mountains of the Brooks Range to the south. The 
coastal plain is poorly drained and treeless, and underlain by thick 
permafrost. Lakes and ponds cover 20-50 percent of the land surface. 
Another 20 percent is classified as wet or flooded tundra, categories 
in which water cover varies from 10-50 percent (Ducks Unlimited 1998). 
These abundant shallow water habitats and their associated aquatic 
invertebrate fauna are important features of Steller's eider nesting 
habitat. Aquatic emergent vegetation (Carex aquatilus or Arctophila 
fulva) is of particular importance for feeding and escape cover, and 
comprises approximately 5 percent of the Arctic Coastal Plain (Ducks 
Unlimited 1998). Relative to the coastal plain, the Arctic Foothills 
zone is characterized by rolling hills and plateaus, better defined 
drainage patterns, and fewer lakes and ponds (Gallant et al. 1995). 
Steller's eiders are rare or absent from the foothills as a breeding 
species. Comparison of recent and historical data (late 1800s on) 
suggests that this species may be withdrawing from the eastern portion 
of the Arctic Coastal Plain, although it may always have been more 
common to the west (Quakenbush et al. in prep.).
    In the North Slope nesting unit the primary constituent elements 
for Steller's eiders are those habitat components that are essential 
for the primary biological needs of foraging, nesting, rearing of 
young, roosting, sheltering, and dispersal. The primary constituent 
elements include: small ponds and shallow water habitats (particularly 
those with emergent vegetation), moist tundra within 100 m (326 ft) of 
permanent surface waters including lakes, ponds, and pools, the 
associated aquatic invertebrate fauna, and adjacent nesting habitats. 
During the nesting season, small ponds with emergent vegetation provide 
for foraging and brood-rearing, the aquatic invertebrate prey upon 
which Steller's eiders depend, and adjacent moist tundra for nest 
sites. On the breeding grounds in northern Alaska, Steller's eiders 
feed primarily by dabbling in shallow ponds (Quakenbush et al. 1995). 
Both adult and juvenile Steller's eiders on the breeding grounds forage 
mostly on aquatic insect larvae and freshwater crustaceans, including 
(but probably not limited to) the following taxa: Midges 
(Chironomidae), craneflies (Tipulidae), caddisflies (Trichoptera), 
water fleas (Amphipoda), isopods (Isopoda), fairy shrimp (Anostraca), 
and tadpole shrimp (Notostraca) (Dement'ev and Gladkov 1967; Portenko 
1989; Quakenbush et al. 1995; M. Myres, in litt. 1999).
    Steller's eiders generally nest on slightly elevated areas near 
ponds (Murie 1924; Brandt 1943; Bee 1958; Cramp et al. 1977). In the 
Barrow area, most nests occur on the rims of low-centered polygons, 
mostly within partially drained lake-basins that contain a mosaic of 
shallow ponds with emergent water sedges (C. aquatilis) and pendant 
grasses (A. fulva) (Service, unpublished data). Most are within 100 m 
(326 ft) of permanent water (Service, unpublished data). Steller's 
eiders rear broods in the same habitats used for nesting (Solovieva 
1997; Service, unpublished data), usually within 650 m (2,100 ft) of 
their nest sites. Near Barrow, monitored broods were found using 
waterbodies with emergent A. fulva 80 percent of the time, ponds with 
emergent C. aquatilis 15 percent of the time, and dry tundra between 
ponds the remaining 5 percent of the time (Service, unpublished data). 
Broods used A. fulva as escape cover from

[[Page 13268]]

predators and other disturbances. Broods move to lakes or marine 
habitats in early September, after the smaller tundra ponds freeze 
(Service, unpublished data; R.S. Suydam, unpublished data).
    The best unbiased representation of Steller's eider's breeding 
distribution across the North Slope is provided by observations 
obtained from two broad-scale aerial surveys conducted annually by the 
Service. One survey is designed to determine numbers and distribution 
of waterfowl in general and has been conducted in late June/early July 
each year since 1989. The other survey specifically targets numbers and 
distribution of spectacled eiders and has been conducted in mid-June 
each year since 1992. The two surveys differ in area sampled but, in 
combination, include the best waterfowl breeding habitat over 63,210 
km2 (24,400 mi2), from the Chukchi Sea coast to 
the U.S. and Canada border. Only 136 records of Steller's eiders have 
been obtained over the 11-year survey record (excluding observations of 
lone females, which are generally not included in aerial waterfowl 
survey data, and observations made off systematic transects). The low 
number of records reflects--(1) the scarcity of the species; (2) the 
low intensity of the surveys, neither of which cover more than 4 
percent of the area in any given year; and (3) the presumably large 
(but unknown) fraction of the birds actually present at the time of the 
survey but not detected from the air. The aerial survey results show 
that Steller's eiders currently occur across the western Arctic Coastal 
Plain, with the vast majority occurring in the northern NPR-A. Within 
the surveyed area, there is little evidence that density is related to 
distance from the coast. Aerial survey observations show, however, that 
a notable concentration occurs within 10 mi of the village of Barrow. 
Ground surveys conducted in June 1999 over 180 km2 (69.5 
mi2) surrounding Barrow located approximately 250 Steller's 
eiders representing 125 to 134 pairs (some Steller's eiders spotted 
were not in pairs). Although intensive ground surveys have been 
conducted in a few other areas on the North Slope, the concentrations 
seen near Barrow have not been found elsewhere.
    The proposed North Slope unit extends across the North Slope of 
Alaska, from the mouth of the Ututok River on the Chukchi Sea coast, to 
the Colville River delta on the Beaufort Sea coast, encompassing 
approximately 96 percent of the aerial survey observations (both in 
terms of locations and numbers of individuals). The boundaries of the 
proposed unit were based on the distribution of aerial survey 
observations, but also the distribution of suitable wetland habitat. 
All townships containing aerial survey observations were included in 
the proposed unit, with the exception of observations considered 
outliers, which are explained below. Intervening townships were also 
included, even if there were no associated aerial survey observations, 
provided that they contained a similar density of lakes and wetlands, 
as indicated on USGS 1:250,000 scale maps. For some of those townships, 
Steller's eider observations exist from other data sources (e.g., 
Service, unpublished data; Quakenbush et al. in prep.). In any case, 
the resolution of the data is not sufficient to rule out the existence 
of undetected locations of concentrated use by nesting eiders, which in 
aggregate could represent a significant portion of the population. 
Consistent with the distribution of wetlands noted above, the proposed 
unit is contained almost entirely within the Arctic Coastal Plain 
ecoregion or the transition zone between the Arctic Coastal Plain and 
Arctic Foothills ecoregions, extending into the Foothills zone only at 
locations where there were actual observations (Gallant et al. 1995).
    Two records south of Point Lay near the Chukchi Sea coast and three 
records east of the Colville River were considered outliers because 
they were disjunct from the other observations. Although Steller's 
eiders historically occurred east of the Colville River (Quakenbush et 
al. in prep.) and still may be observed occasionally in this region (D. 
Troy, Troy Ecological Research Associates, in litt. 1999), this area 
currently is peripheral for nesting. There is only one breeding record 
for Steller's eiders in the Prudhoe Bay area since 1970, despite the 
most intense ornithological scrutiny of any portion of northern Alaska 
(D. Troy, pers. comm. 1999; Hohenberger et al. 1994; Quakenbush et al. 
in prep.). The decision to exclude likely areas of former occupation 
east of the Colville River is based on our understanding of current 
distribution and the assumption that the current breeding range is 
adequate to support recovery.
    The proposed North Slope nesting unit encompasses approximately 
40,884 km2 (15,785 mi2), 89 percent of which lies 
within the NPR-A, managed by the Bureau of Land Management. Other major 
landowners include Native Village and Regional Corporations and the 
State of Alaska. Excluding NPR-A, minor portions of the area are 
managed by Federal agencies (including U.S. Department of Defense, 
Service, and the Bureau of Land Management). Excluding Native 
Corporations, very little land is owned privately.
    Nearly the entire listed population currently nests within the 
proposed boundaries of the proposed North Slope Nesting Unit, thus the 
survival and recovery of the species is dependent on the habitat within 
this area. We do not have sufficient information to identify any subset 
of this area as sufficient to support recovery of the species to the 
point where it may be removed from the endangered species list. We 
therefore consider this area to contain the physical and biological 
features essential to the conservation of the species.
    It is difficult to identify obstacles to recovery, because the 
importance of current threats and the causes of decline are largely 
unknown. Although it is unclear whether changes in the suitability of 
breeding habitat contributed to the decline, we can identify factors 
that would potentially reduce the capacity of the breeding habitat to 
support recovery. Almost the entire proposed North Slope Nesting Unit 
(91 percent) is contained within the NPR-A, managed by the Bureau of 
Land Management. The NPR-A is managed under the authority of the Naval 
Petroleum Reserves Production Act of 1976, as amended, which encourages 
oil and gas leasing, while requiring protection of important surface 
resources and uses (U.S. Department of the Interior 1998). An oil and 
gas lease sale was conducted in 1999 for the NPR-A's northeast planning 
area, which overlaps the eastern 40 percent of this proposed unit. 
Depending on the outcome of exploration and the potential ensuing 
development, leasing on other portions of the proposed unit may occur. 
Other existing or potential uses of NPR-A lands include mineral 
development, subsistence hunting and fishing, and a variety of 
recreational uses.

Unit 2: Yukon-Kuskokwim Delta Nesting Unit

    The Y-K Delta sites at which Steller's eiders were considered 
common in the mid-1900s were located within 30 km (18 mi) of the coast, 
between Kokechik Bay and Nelson Island. Published accounts provide 
little information regarding habitat requirements on the Y-K Delta 
breeding grounds. Brandt (1943; p. 267) described Steller's eiders near 
Kokechik Bay ``feeding along the margins of the shallow pools, tipping 
up like Mallards.'' Nest sites were found near ponds, and females 
flushed from nests were reported to use ponds as escape cover (Murie 
1924, Brandt 1943).

[[Page 13269]]

Steller's eider nest sites have been located in habitat similar to that 
which is used by spectacled eiders on the Y-K Delta (Conover 1924, 
Flint and Herzog 1999). This zone of high-density nesting by eiders and 
other waterfowl is identified as the ``vegetated intertidal zone'' 
(King and Dau 1981, Kertell 1991) and is described as the area between 
the outer edge of vascular plant cover and the line of driftwood cast 
up by high tides, generally within 40 km (25 mi) of the coast. The 
drift line results from occasional spring and fall storm surges, which 
inundate the tundra well beyond the normal high tide line. Vegetation 
in this zone is predominately sedge/grass marsh.
    Primary constituent elements for the Y-K Delta nesting unit are 
assumed to be similar to those described for the North Slope: small 
ponds and shallow water habitats (particularly those with emergent 
vegetation), moist tundra within 100 m (326 ft) of permanent surface 
waters including lakes, ponds, and pools, the associated aquatic 
invertebrate fauna, and adjacent nesting habitats.
    The proposed Y-K Delta Nesting Unit covers approximately 3,114 
km\2\ (1,202 mi\2\) on the outer coastal zone of the central Y-K Delta. 
The proposed unit is located within 30 km (19 mi) of the coast, bounded 
by Kokechik Bay and the Askinuk Mountains to the north, and extending 
south to include Kigigak Island and the north end of Nelson Island. 
This area represents what we believe likely to be the current range of 
Steller's eider on the Y-K Delta. It encompasses the core concentration 
of historical (pre-1970s) occupancy in western Alaska (Kertell 1991; 
Quakenbush et al. in prep.), as well as nests located from 1991-1998 
(Flint and Herzog 1999). Although Kertell (1991) suggested that 
Steller's eiders were extirpated as a breeding species from the Y-K 
Delta, recent breeding records suggest continued occupancy, at a 
density below that which is reliably detectable given the level of 
survey effort (ground or air) of the last 2 decades (Flint and Herzog 
1999). We used the locations of historical nesting sites as a partial 
basis for determining boundaries of the proposed unit, including all 
central Y-K Delta townships that contained breeding sites recorded in 
the 1900s. We expanded beyond these townships because it is likely that 
recent nest sites have gone undetected, given the rarity of the species 
and the difficulty of detection. Therefore, we also included nearby 
townships that contain comparable wetland habitat and a high density of 
spectacled eiders, which are known to utilize the same habitat for 
nesting on the Y-K Delta (Conover 1924; Kertell 1991; Flint and Herzog 
1999). In summary, the proposed unit contains sites where historical 
and current breeding records exist, and other areas of suitable habitat 
in which we believe that Steller's eiders persist.
    We excluded St. Lawrence Island and most of Nelson Island because 
breeding status is in doubt in these locations. Breeding has been 
recorded on Saint Lawrence Island in 1881 and in 1954, and Steller's 
eiders have been seen there in summer in recent years (Fay and Cade 
1959, S. Stephensen, Service, pers. comm., in Quakenbush et al. in 
prep.), but documented historical use is not comparable to the Y-K 
Delta, and there are no recent breeding records. On the basis of 
reports provided by local Natives in 1924, Murie and Scheffer (1959) 
stated that Steller's eiders bred at Nelson Island, but no specific 
locations were provided. There is likely suitable habitat on both the 
north and south end of Nelson Island (the central region is upland); 
however, the northern portion is more contiguous with other 
historically used habitat, and pairs have been seen on neighboring 
Kigigak Island in most recent years (Quakenbush et al. in prep.). 
Therefore, we consider the northern end to be part of the present range 
of the species and propose to designate it as critical habitat. We also 
exclude areas not known to have been in use for over a century, 
including the Alaska Peninsula, Nunivak Island, inland Y-K Delta, Saint 
Michael (northern Y-K Delta), and Point Clarence on the western Seward 
Peninsula (Quakenbush et al. in prep.). We may propose revisions to 
these boundaries in the future if we obtain new information on the 
suitability of habitat or the presence of Steller's eiders.
    Definitive population trend information was lacking at the time 
this species was listed (62 FR 31748), but population decline was 
inferred from an apparent contraction of range, particularly in western 
Alaska. The recovery plan, including recovery goals, is still in 
preparation. It is reasonable, however, to predict that re-
establishment of a viable breeding population on the Y-K Delta will be 
an element of the plan, given that the decision to list the species was 
based, to a large extent, on its near-disappearance from the Y-K Delta. 
Therefore, we consider the habitat contained within this unit essential 
to the conservation of the species.
    Approximately 65 percent of the proposed Y-K Delta Nesting Unit is 
located within the Yukon Delta National Wildlife Refuge, although a 
portion (up to 10 percent) is subject to selection by Native Village or 
Regional Corporations, under the terms of the Alaska Native Claims 
Settlement Act of 1971. The remainder of the proposed unit 
(approximately 35 percent) has been conveyed to Native Village or 
Regional Corporations. Waterfowl management is a high priority for the 
Yukon Delta National Wildlife Refuge, and outreach efforts highlight 
the conservation issues for this species to the Native community.

Marine Units

    Steller's eiders occur in marine habitats except during the 
breeding season. In fall, they congregate primarily in lagoons, bays, 
and estuaries on the north side of the Alaska Peninsula to molt. 
Densities can be extremely high; tens of thousands may concentrate in a 
few square miles in Izembek and Nelson lagoons during the peak of molt 
in August and September, although use of these areas can vary 
considerably among years (Petersen 1981). After molt, many disperse to 
the Aleutian Islands, the south side of the Alaska Peninsula, Kodiak 
Island, and as far east as Kachemak Bay, although thousands may remain 
in the lagoons in which they molt unless freezing conditions force them 
to move to warmer or more protected areas (Metzner 1993). In March or 
April, Steller's eiders begin to gradually move northward, again 
congregating on the north side of the Alaska Peninsula and in Bristol 
and Kuskokwim bays. Nearly 140,000 have been counted in this region 
during spring migration (Larned et al. 1994).
    Important molting areas such as Izembek and Nelson lagoons have 
been repeatedly surveyed for waterfowl in recent decades, but waterfowl 
surveys in other nearshore marine areas in southwest and southcoastal 
Alaska have been much more sporadic. Some areas have rarely been 
surveyed, while others, such as portions of the Kodiak Archipelago's 
northwest side, have never been surveyed specifically for seaducks. 
Furthermore, the indication that winter distribution varies 
considerably in response to changing weather and sea ice conditions 
suggests that an area must be surveyed several times in different years 
before its importance to Steller's eiders is determined. Failure to 
detect Steller's eiders during one or a few surveys is not sufficient 
to rule out use at other times. Thus, we assume that sites that share 
similar habitat to that of sites with documented use by Steller's 
eiders, and for which we cannot rule out based on other current 
information, are within

[[Page 13270]]

the current range of Steller's eiders. Our proposal includes these 
areas as we believe molting, wintering, and spring staging habitat in 
marine environments must be maintained to ensure adequate survival 
during the nonbreeding season.
    Most of what is known of the marine ecology of Steller's eider is 
derived from studies in the shallow bays and lagoons along the Alaska 
Peninsula. In Izembek and Kinzarof Lagoons, Steller's eiders feed on 
fauna associated with the extensive eelgrass (Zostera marina) beds, 
eating a variety of crustaceans, bivalves, gastropods, and polychaete 
worms (Metzner 1993). In Nelson Lagoon, Steller's eiders feed by diving 
and head dipping in waters less than 6 m (20 ft) deep for 
invertebrates, with blue mussels (Mytilus edulis) and amphipods 
(Anisogammarus pugettensis) being particularly important (Petersen 
1980, 1981). The importance of these shallow bays and lagoons to 
Steller's eiders cannot be overemphasized. They are used by tens of 
thousands or more during molt, winter, and spring staging, and over a 
thousand subadults may remain in Nelson Lagoon through the summer in 
some years (Petersen 1980, 1981; Metzner 1993). These areas must be 
highly productive to support the huge flocks of Steller's eiders. 
Petersen (1981) estimated that Steller's eiders may consume 7.3 metric 
tons (8 tons) of blue mussels per day during molt in Nelson Lagoon.
    In addition to these important shallow bays and lagoons, Steller's 
eiders also winter in several deeper bays and along a massive expanse 
of open coastline. Much less is known of their ecology in these 
habitats. Metzner (1993) found that the number of Steller's eiders in 
Cold Bay on the south side of the Alaska Peninsula increased as waters 
in Izembek Lagoon froze and the number wintering there decreased. In 
the deeper waters of Cold Bay, where food-rich eelgrass beds were 
absent, Steller's eiders foraged by diving close to shore for sessile 
invertebrates on and in the seafloor and more mobile invertebrates in 
the water column (Metzner 1993). The propensity for Steller's eiders to 
use shallow waters and stay nearshore in deeper areas is supported by 
C. Dau (pers. comm. 1999), who notes that Steller's eiders generally 
stay within ``a quarter of a mile'' of shore and in waters less than 10 
m (30 ft) deep. Results from aerial survey transects arrayed parallel 
to, and at various distances from, the north shore of the Alaska 
Peninsula are consistent with Dau's (1999) observation. Of the four 
transect lines surveyed throughout the winter, Steller's eiders were 
seen only on the transect within 400 m (\1/4\ mi) of shore (Troy and 
Johnson 1987). Beyond these few observations, the habitat requirements 
of Steller's eiders over much of their vast winter range are unknown.
    Based on this information, we identify the primary constituent 
elements for Steller's eiders in marine habitat as marine waters up to 
10 m (30 ft) deep and the underlying substrate, the associated 
invertebrate fauna in the water column and in and on the underlying 
substrate, and, where present, eelgrass beds and associated flora and 
fauna.
    We do not propose critical habitat for several marine areas in 
which Steller's eiders occur. We excluded wintering areas for which 
recent replicated surveys indicated that Steller's eiders are of rare 
and/or irregular occurrence, including the Pribilof Islands (A. Sowls, 
Service, pers. comm. 1999), south side of the Kenai Peninsula (U.S. 
Fish and Wildlife Service 1998; R. Day, ABR Inc., in litt. 1999), and 
Prince William Sound (Service 1998; Lance et al. 1999; R. Day in litt. 
1999). We also excluded the central and western Aleutian islands, 
wintering areas for which a consistent historical record indicates 
scarcity and/or irregular use (Dau 1999b).
    In proposing Kuskokwim Bay, and other Bristol Bay areas known to be 
used for spring staging, we intend to include portions of the migration 
corridors known to receive sustained use by large numbers of Steller's 
eiders. Other than spring staging areas, migration routes are ill-
defined, and migration may be dispersed over large sections of the 
Bering and Chukchi Seas, with little sustained use of any given 
section. Therefore, we do not propose units for general migration 
corridors.
    We do not propose critical habitat at sites that are used 
exclusively in the summer by nonbreeding birds. For example, subadults 
and nonbreeding males have been observed on St. Lawrence Island in 
summer (Fay and Cade 1959, Fay 1961), however, information on this 
life-history stage is too limited to place observations such as these 
into a general context that would permit description of features 
essential to the conservation of Steller's eiders.
    We propose marine waters within the following areas as critical 
habitat. See the accompanying maps for further clarification of 
proposed unit boundaries.

Unit 3: Nunivak Island

    The nearshore areas around this island are used by scattered flocks 
of hundreds of Steller's eiders during molt (Dau 1999a) and by 
thousands for staging prior to spring migration (Larned et al. 1994; 
Larned 1998). Large numbers have also been noted passing Cape Etolin on 
the northeast side of the island during early August (Swarth 1934; Dau 
1999a). It is also possible that Steller's eiders may mix with large 
flocks of common and king eiders (Somateria mollissima and Somateria 
spectabilis, respectively) in openings in sea ice along the south side 
of the island during winter (Dau 1999b). This unit includes the marine 
waters around Nunivak to a distance of 400 m (\1/4\ mi) offshore, which 
includes an area of approximately 205 km2 (79 
mi2) and approximately 600 km (380 mi) of coastline.

Unit 4: Kuskokwim Bay

    Aerial surveys during spring migration indicate that virtually all 
Steller's eiders that winter in Alaska move from the Alaska Peninsula, 
cross Bristol Bay, and stage in Kuskokwim Bay for days or weeks before 
resuming their northward migration to their breeding grounds (Petersen 
and Sigman 1977; Larned et al. 1994; Larned 1998; W. Larned, pers. 
comm. 1999). During this time, flocks of hundreds or thousands are seen 
along the southeast coast of Kuskokwim Bay from Cape Peirce to 
Jacksmith Bay and west of the mouth of the Kuskokwim River from 
Kwigillingok to Kinak Bay (Larned et al. 1994; Larned 1998; W. Larned, 
pers. comm. 1999). Steller's eiders also concentrate in protected bays 
along the coast including Nanvak, Chagvan, and Goodnews Bays (W. 
Larned, pers. comm. 1999). Hundreds to thousands have also been 
observed in the region from Cape Avinof and Pingurbek Island south to 
Cape Peirce during molt and autumn migration (Dau 1987; Dick and Dick 
1971; Petersen and Sigman 1977; Petersen et al. 1991), but it is the 
huge concentrations in spring migration that identify the importance of 
Kuskokwim Bay to Steller's eiders.
    We propose to designate marine waters on the north side of 
Kuskokwim Bay (from the mouth of the Kolavinarak River to the village 
of Kwigillingok), to a distance of 40 km (25 mi) offshore. We also 
propose marine waters on the south side of Kuskokwim Bay (from the 
mouth of the Kanektok River to Cape Peirce), to a distance of 40 km (25 
mi) offshore. In addition, marine waters from Cape Peirce to Tongue 
Point are proposed, to a distance of 0.8 km (\1/2\ mile). The proposed 
unit includes an area of approximately 12,852 km2 (4,962 
mi2), and approximately 700 km (450 mi) of shoreline.

[[Page 13271]]

Unit 5: North Side of the Alaska Peninsula

    A number of bays, lagoons, and nearshore areas between Egegik Bay 
and Bechevin Bay on the north side of the Alaska Peninsula are used by 
large numbers of Steller's eiders during molt, winter, or spring 
staging. Observers surveying this region have recorded hundreds to over 
a hundred thousand birds (Arneson 1980; Boden 1994; Larned et al. 1994; 
Larned 1998; Dau 1999). Some areas, such as Izembek Lagoon and the 
Nelson Lagoon/Herendeen Bay/Port Moller complex, are particularly 
important, and may harbor tens of thousands during molt and winter 
(Jones 1965; Petersen 1981; Metzner 1993; Laubhan and Metzner 1999). 
Port Heiden is used by thousands during autumn molt (Arneson 1980) and 
again during spring staging (Larned et al. 1994), and may support 
Steller's eiders in winter until the shallow waters freeze (Dau 1999b). 
Besides those previously mentioned, other areas on the north side of 
the Alaska Peninsula have been identified as supporting significant 
numbers of Steller's eiders during spring staging, such as Egegik and 
Ugashik Bays, Cinder River estuary, Port Heiden, Seal Islands, Cape 
Seniavin, and Bechevin Bay where hundreds to thousands have been 
observed in March (Boden 1994) and April and May (Arneson 1980; Larned 
et al. 1994; Larned 1998). The Cinder River estuary has been reported 
to be used by hundreds to low thousands of Steller's eiders during molt 
(Wilk et al. 1986), as has Port Heiden (Arneson 1980), Seal Islands 
(Arneson 1980; Dau 1999a), and Bechevin Bay (Arneson 1980). Based on 
aerial surveys and other available data, the following bays, lagoons, 
and shoal areas have been identified as important habitat for Steller's 
eiders and are proposed for designation as critical habitat, in their 
entirety--Egegik Bay, Ugashik Bay, Cinder River Estuary, Port Heiden, 
Seal Islands, Cape Seniavin, Nelson Lagoon, Herendeen Bay, Port Moller, 
Izembek Lagoon, and Bechevin Bay. This proposed unit includes an area 
of approximately 2,007 km2 (775 mi2) and 1,050 km 
(650 mi) of coastline.

Unit 6: Eastern Aleutians

    This is probably a major concentration area for wintering Steller's 
eiders, particularly when bays and lagoons on the Alaska Peninsula 
freeze (Metzner 1993; Dau 1999b; Laubhan and Metzner 1999). Although 
survey coverage has been sporadic and is incomplete, thousands have 
been seen around Unimak Island in late winter (Arneson 1980; Larned et 
al. 1994); hundreds are seen around Unalaska Island during the National 
Audubon Society's annual Christmas Bird Counts (summarized in Service 
1998); and waterbird surveys in Dutch Harbor recorded Steller's eiders 
as the most abundant species observed in 1995 (Fairchild and Heer 
1997). Over 1,400 Steller's eiders were recorded on winter (February-
March) boat surveys of the Krenitzin Islands (Herter 1991). In an 
aerial survey of the eastern Aleutians from Unimak Island through 
Samalga Island conducted only in mid-winter, up to low hundreds of 
Steller's eiders were observed at each of five locations throughout the 
study area, with greatest densities around Samalga Island (Arneson 
1980). We propose to designate all marine waters within 400 m (\1/4\ 
mi) of mean high water from Unimak Island, west to Samalga Pass, to 
include Samalga, Umnak, Unalaska and Unimak Islands, and all other 
associated islands, islets, offshore rocks, reefs, and spires. The 
proposed unit includes an area of approximately 891 km2 (344 
mi2), and 2,400 km (1,500 mi) of coastline.

Unit 7: South Side of the Alaska Peninsula

    Information on Steller's eiders on the south side of the Alaska 
Peninsula is limited compared to that on the north side. There are no 
reports of molting Steller's eiders anywhere along the south side of 
the Alaska Peninsula between False Pass and lower Cook Inlet, although 
wintering birds have been observed in scattered locations throughout 
this huge area. Thousands of wintering Steller's eiders have been 
reported during aerial surveys in the Sanak Islands (Dau and Chase 
1995) and between Cold Bay and Puale Bay (Boden 1994). After completion 
of molt, Steller's eiders increased in Cold Bay and Kinzarof Lagoon 
concurrent with a decline in numbers in Izembek Lagoon (Laubhan and 
Metzner 1999; Metzner 1993). When the birds are excluded from protected 
waters on the north side of the Alaska Peninsula by encroaching ice, 
they may be exposed to harsher weather conditions, forcing them into 
less preferred feeding areas on the south side of the Alaska Peninsula 
and up to lower Cook Inlet. Aerial and boat surveys of marine birds and 
mammals conducted in lower Cook Inlet in winter reported hundreds of 
Steller's eiders in nearshore areas of Kamishak Bay up to the Iniskin 
Peninsula (Arneson 1980; Agler et al. 1995).
    We propose to designate all marine waters within 400 m (\1/4\ mi) 
of mean high water from Isanotski Strait (at False Pass) east to the 
lower end of west Cook Inlet, as far north as Kamishak Bay. This 
applies to the Shumagin and Semidi Islands, Chirikof Island, and all 
other associated islands, islets, offshore rocks, reefs, and spires. We 
also include waters within 8 km (5 mi) of the south side, and 1.6 km (1 
mi) of the north side, of the Sanak Islands and within 1.6 km (1 mi) of 
the mainland shore of Kamishak Bay. We include the following areas in 
their entirety, including waters beyond 400 m (\1/4\ mi) offshore--
Morzhovoi Bay (northern portion only), Cold Bay, Ivanof Bay, Chignik 
Lagoon, and Wide Bay. This unit includes an area of approximately 3,419 
km2 (1,320 mi2), and 5,300 km (3,300 mi) of 
coastline.

Unit 8: Kachemak Bay/Ninilchik

    Available information indicates that Steller's eiders consistently 
occur in Kachemak Bay in winter. Tens or hundreds frequently occur near 
Homer and Homer Spit (Christmas Bird Count in Service 1998; Russ Oates, 
Service, in litt. 1997; Agler et al. 1998), and flocks of tens were 
found along transects that sampled offshore waters east of Homer 
(Rosenberg and Petrula 1998). Hundreds have been observed on the south 
side of the Bay, particularly along shore between China Poot Bay and 
Point Bede (Agler et al. 1995). Hundreds also apparently winter along 
the shore south of Ninilchik, where 650 were observed in January 1997 
(Russ Oates, in litt. 1997).
    We propose to designate all marine waters of Kachemak Bay east of a 
line extending from Point Bede (west of English Bay and Port Graham) 
north to Anchor Point. In addition, we propose to designate all marine 
waters within 1.6 km (1 mi) of the mean high water line, from Anchor 
Point north to the mouth of Deep Creek (near Ninilchik). This unit 
includes an area of approximately 1,142 km2 (441 
mi2), and 450 km (300 mi) of coastline.

Unit 9: Kodiak

    Steller's eiders are considered a common winter resident in the 
Kodiak Archipelago. Aerial surveys in nearshore areas of eastern and 
southern Kodiak Island and in the Trinity Islands located 2,892 
Steller's eiders in 1992, 4,032 in 1993, and 5,349 in 1994 (Larned and 
Zwiefelhofer 1995). Flocks of hundreds were seen, particularly in 
lagoons and eelgrass beds. In surveys around Sitkalidak, Kodiak, and 
southern Afognak Islands, Steller's eiders were reported to be present 
in estimates of low thousands (Forsell and Gould 1980). Steller's 
eiders are also regularly recorded during annual winter boat surveys in 
the archipelago (D.

[[Page 13272]]

Zwiefelhofer, in litt. 1999), and hundreds to low thousands are counted 
during the Christmas Bird Count in Kodiak (Service 1998). Because of 
the consistent and extensive use of the areas that have been surveyed 
in the Kodiak area, we propose to designate all marine waters within 
400 m (\1/4\ mi) of Kodiak and Afognak Islands, and all other 
associated islands, islets, offshore rocks, reefs, and spires. This 
parcel includes an area of approximately 1,344 km2 (519 
mi2) and 3,900 km (2,450 mi) of coastline.
    Although this proposal is based on the best available information, 
we recognize that the information on Steller's eiders is incomplete. In 
particular, better information on Steller's eider distribution and the 
threats facing the species would improve our ability to identify those 
areas essential for its conservation. Our ability to identify essential 
areas is also likely to improve as recovery objectives and criteria are 
established. As new information becomes available and the recovery 
planning process develops, we may reevaluate critical habitat 
designations and propose to add, delete, or modify existing critical 
habitat.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing promotes conservation actions by 
Federal, State, and private agencies, groups, and individuals. The Act 
provides for possible land acquisition and cooperation with the States 
and requires that recovery actions be carried out for all listed 
species. The protection required of Federal agencies and the 
prohibitions against certain activities involving listed species are 
discussed, in part, below.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is designated or proposed. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act and regulations at 50 CFR 402.10 
require Federal agencies to confer with the Service on any action that 
is likely to result in destruction or adverse modification of proposed 
critical habitat. These conferences, which consist of informal 
discussions, are intended to assist responsible agencies and the 
applicant in identifying and resolving potential conflicts.
    If this proposal culminates in the designation of critical habitat, 
section 7(a)(2) of the Act will require Federal agencies to enter into 
consultation with us on actions that may affect listed species or 
destroy or adversely modify critical habitat. Thus, activities on 
Federal lands that may affect the Steller's eider or its critical 
habitat will require section 7 consultation. Activities on private or 
State lands requiring a permit from a Federal agency, such as the U.S. 
Army Corps of Engineers under section 404 of the Clean Water Act, or a 
section 402 permit from the Environmental Protection Agency, will also 
be subject to the section 7 consultation process. Federal actions not 
affecting the species or its critical habitat, as well as actions on 
non-Federal lands that are not federally funded or permitted, will not 
require section 7 consultation.
    Section 4(b)(8) of the Act requires us to describe in any proposed 
or final regulation that designates critical habitat those activities 
involving a Federal action that may destroy or adversely modify such 
habitat or that may be affected by such designation. Activities that 
may destroy or adversely modify critical habitat include those that 
alter the primary constituent elements to the extent that the value of 
critical habitat for both the survival and recovery of the species is 
appreciably diminished. We note that such activities are also almost 
certain to jeopardize the species (see discussion in Critical Habitat 
section, above). Activities that have the potential to destroy or 
adversely modify critical habitat for Steller's eiders include, but are 
not limited to:
    (1) Draining, filling, or contaminating wetlands and associated 
surface waters;
    (2) Filling, dredging, or pipeline construction in marine waters;
    (3) Commercial fisheries that harvest or damage the benthic or 
planktonic flora or fauna in marine waters;
    (4) Spilling or discharging petroleum or other hazardous 
substances; or
    (5) Discharge of sediment or toxic substances into freshwater 
systems that drain into adjacent nearshore marine waters.

Previous Consultations

    Since Steller's eiders were listed in 1997, we have consulted with 
several Federal agencies on a variety of actions to evaluate impacts to 
the species. In most cases, our consultations with other Federal 
agencies have determined that the proposed activities would not 
adversely affect Steller's eiders. One or both of the following reasons 
precipitated these findings--(1) the proposed activity would occur 
during seasons when Steller's eiders are absent and would have no 
permanent impact to habitat (e.g., winter seismic work); and (2) the 
proposed activity affected a minimal amount of habitat in an area where 
Steller's eiders occur at extremely low density. In three exceptions, 
the proposed action would occur in an area where Steller's eiders 
concentrate or would have affected a considerable amount of habitat. In 
each of these cases, we determined that the proposed action may 
adversely affect the species, which triggered a more involved, formal 
consultation. A brief summary of these consultations follows:
    (1) NPR-A Northeast Planning Area Integrated Activity Plan. A 
management plan for this 4.6 million-acre area was developed that 
allowed for oil and gas leasing but also addressed recreational 
activities, aircraft use, hazardous- and solid-material removal and 
remediation, and seismic activities. Steller's eiders nest in this 
region and may be affected by disturbance or habitat alteration.
    (2) Community expansion in Barrow. The North Slope Borough proposed 
to expand an existing housing subdivision into an area historically 
used by nesting Steller's eiders.
    (3) Northstar Development project. This consultation addressed the 
possible effects of an offshore oil development project in the Beaufort 
Sea and adjacent terrestrial area. Steller's eiders occur at extremely 
low density in the project area, so direct, local effects were thought 
to be unlikely. The primary concern arose from possible marine oil 
spills from a subsea pipeline that could be transported by wind and 
currents westward to areas where Steller's eiders are more likely to 
occur.
    In each of these three consultations, we determined that the 
project was not likely to jeopardize the continued existence of 
Steller's eiders. Following that determination, our biological opinions 
provided mandatory reasonable and prudent measures designed to minimize 
the effects of the proposed projects on the species. In each case, our 
evaluations addressed effects of habitat alteration on Steller's 
eiders.

[[Page 13273]]



      Table 2. Activities Potentially Affected by Steller's Eider Listing and Critical Habitat Designation
----------------------------------------------------------------------------------------------------------------
                                         Activities involving a federal     Additional activities involving a
        Categories of activities         action potentially affected by   federal action potentially affected by
                                            species listing only \1\         critical habitat designation \2\
----------------------------------------------------------------------------------------------------------------
 Federal Activities Potentially          Activities that the Federal     None.
 Affected \3\.                            Government carries out, such
                                          as scientific research, land
                                          surveys, law enforcement, oil
                                          spill response, resource
                                          management, and construction/
                                          expansion of physical
                                          facilities.
Private Activities Potentially Affected  Activities that also require a  None.
 \4\.                                     Federal action (permit,
                                          authorization, or funding),
                                          such as scientific research,
                                          commercial fishing, sport and
                                          subsistence hunting, shipping
                                          and transport of fuel oil and
                                          gasoline to villages, and
                                          village maintenance,
                                          construction and expansion.
----------------------------------------------------------------------------------------------------------------
\1\ This column represents impacts of the final rule listing the Steller's eider (June 11, 1997) (62 FR 31748)
  under the Endangered Species Act.
\2\ This column represents the impacts of the critical habitat designation above and beyond those impacts
  resulting from listing the species.
\3\ Activities initiated by a Federal agency.
\4\ Activities initiated by a private entity that may need Federal authorization or funding.

    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is designated subsequent to consultation. Consequently, some 
Federal agencies may request conferencing with us on actions for which 
formal consultation has been completed, in anticipation of the need to 
reinitiate consultation if this proposal becomes finalized.
    If you have questions regarding whether specific activities will 
constitute adverse modification of critical habitat, have inquiries 
about prohibitions and permits, or would like copies of the regulations 
on listed wildlife, contact the Endangered Species Branch, Northern 
Alaska Ecological Services (see ADDRESSES section) (telephone 907/456-
0203, facsimile 907/456-0208).

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial data 
available and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion will result in the extinction of the species. Although we 
could not identify any incremental effects of this proposed critical 
habitat designation above those impacts of listing, we will conduct an 
economic analysis to further evaluate this finding. We will conduct the 
economic analysis for this proposal prior to a final determination. 
When the draft economic analysis is completed, we will announce its 
availability with a notice in the Federal Register, and we will reopen 
the comment period for 30 days at that time to accept comments on the 
economic analysis or further comment on the proposed rule.

Public Comments Solicited

    We intend that any final action resulting from this proposal be as 
accurate and as effective as possible. Therefore, we solicit comments 
or suggestions from the public, other concerned governmental agencies, 
the scientific community, industry, or any other interested party 
concerning this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why any area should or should not be determined to 
be critical habitat as provided by section 4 of the Act;
    (2) Specific information on the abundance and distribution of 
Steller's eiders and their habitat;
    (3) What areas are essential for the conservation of Steller's 
eiders and may require special management protection or consideration;
    (4) Current or planned activities in proposed critical habitat 
units and their possible impacts on proposed critical habitat; and
    (5) Any foreseeable economic or other impacts resulting from the 
proposed designation of critical habitat.
    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed rule easier to understand including answers to 
questions such as the following: (1) Are the requirements in the 
document clearly stated? (2) Does the proposed rule contain technical 
language or jargon that interferes with the clarity? (3) Does the 
format of the proposed rule (grouping and order of sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the 
description of the proposed rule in the ``Supplementary Information'' 
section of the preamble helpful in understanding the document? (5) What 
else could we do to make the proposed rule easier to understand?
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. In certain circumstances, we would 
withhold from the rulemaking record a respondent's identity, as 
allowable by law. If you wish us to withhold your name and/or address, 
you must state this request prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.
    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we will seek the expert opinions of at least three appropriate 
and independent specialists regarding this proposed rule. The purpose 
of such review is to ensure listing decisions are based on 
scientifically sound data, assumptions, and analyses. The peer 
reviewers will be invited to comment during the public comment period 
on the proposal and our interpretation of the available information in 
regard to critical habitat.

[[Page 13274]]

    We will consider all comments and information received during the 
60-day comment period on this proposed rule during preparation of a 
final rulemaking. Accordingly, the final decision may differ from this 
proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. We intend to schedule three public hearings on this 
proposal. We will announce the dates, times, and places of those 
hearings in local newspapers at least 15 days prior to the first 
hearing.

Required Determinations

1. Regulatory Planning and Review

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget (OMB), under Executive Order 12866.
    a. This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. The Steller's eider was 
listed as a threatened species in 1997. Between the Fiscal Years 1997-
2000, we have conducted 141 section 7 consultations with other Federal 
agencies to ensure that their actions would not jeopardize the 
continued existence of the Steller's eider. The areas proposed for 
critical habitat are currently occupied by the Steller's eider. Under 
the Endangered Species Act, critical habitat may not be adversely 
modified by a Federal agency action; the Act does not impose any 
restrictions on non-Federal entities unless they are conducting 
activities funded or otherwise sponsored or permitted by a Federal 
agency. Section 7 requires Federal agencies to ensure that they do not 
jeopardize the continued existence of the species. Based upon our 
experience with the species and its needs, we conclude that any Federal 
action or authorized action that could potentially cause an adverse 
modification of the proposed critical habitat would currently be 
considered as ``jeopardy'' under Act. Accordingly, the designation of 
currently occupied areas as critical habitat does not have any 
incremental impacts on what actions may or may not be conducted by 
Federal agencies or non-Federal persons that receive Federal 
authorization or funding. Non-Federal persons that do not have a 
Federal ``sponsorship'' of their actions are not restricted by the 
designation of critical habitat (however, they continue to be bound by 
the provisions of the Act concerning ``take'' of the species).
    b. This rule will not create inconsistencies with other agencies' 
actions. As discussed above, Federal agencies have been required to 
ensure that their actions do not jeopardize the continued existence of 
the Steller's eider since the listing in 1997. The prohibition against 
adverse modification of critical habitat is not expected to impose any 
additional restrictions to those that currently exist because all 
proposed critical habitat is occupied. Because of the potential for 
impacts on other Federal agency actions, we will continue to review 
this proposed action for any inconsistencies with other Federal agency 
actions.
    c. This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
Federal agencies are currently required to ensure that their activities 
do not jeopardize the continued existence of the species, and as 
discussed above, we do not anticipate that the adverse modification 
prohibition (from critical habitat designations) will have any 
incremental effects because all proposed critical habitat is occupied.
    d. The proposed rule follows the requirements for determining 
critical habitat contained in the Endangered Species Act.

2. Regulatory Flexibility Act

    In the economic analysis, we will determine whether designation of 
critical habitat will have a significant effect on a substantial number 
of small entities. As discussed in section 1 above, this rule is not 
expected to result in any restrictions in addition to those currently 
in existence. As indicated in Table 1 above (see Proposed Critical 
Habitat section), we have proposed land and marine waters that are 
occupied by the Steller's eider. Within these areas, activities that 
may destroy or adversely modify critical habitat include those that 
alter the primary constituent elements to an extent that the value of 
critical habitat for both the survival and recovery of the Steller's 
eider is appreciably reduced. We note that such activities are also 
likely to jeopardize the continued existence of the species. Such 
activities that have the potential to destroy or adversely modify 
critical habitat for Steller's eiders include, but are not limited to: 
(1) Draining, filling, or contaminating wetlands and associated surface 
waters; (2) Filling, dredging, or pipeline construction in marine 
waters; (3) Commercial fisheries that harvest or damage the benthic or 
planktonic flora or fauna in marine waters; (4) Spilling or discharging 
petroleum or other hazardous substances; or (5) Discharge of sediment 
or toxic substances into freshwater systems that drain into adjacent 
nearshore marine waters. Many of these activities sponsored by Federal 
agencies within the proposed critical habitat areas are carried out by 
small entities (as defined by the Regulatory Flexibility Act) through 
contract, grant, permit, or other Federal authorization. As discussed 
in section 1 above, these actions are currently required to comply with 
the listing protections of the Act, and the designation of critical 
habitat is not anticipated to have any additional effects on these 
activities. For actions on non-Federal property that do not have a 
Federal connection (such as funding or authorization), the current 
restrictions concerning take of the species remain in effect, and this 
rule has no additional restrictions (see Table 2 in the Previous 
Consultations section above).

3. Small Business Regulatory Enforcement Fairness Act

    In the economic analysis, we will determine whether designation of 
critical habitat will cause (a) any effect on the economy of $100 
million or more, (b) any increases in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions in the economic analysis, or any significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of U.S.-based enterprises to compete with 
foreign-based enterprises

4. Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    a. This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. Small 
governments will be affected only to the extent that any programs using 
Federal funds, permits, or other authorized activities must ensure that 
their actions will not adversely affect the critical habitat. However, 
as discussed in section 1, these actions are currently subject to 
equivalent restrictions through the listing protections of the species, 
and no further restrictions are anticipated.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The designation of 
critical habitat imposes no obligations on State or local governments.

[[Page 13275]]

5. Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. As discussed above, the designation of critical habitat 
affects only Federal agency actions. The rule will not increase or 
decrease the current restrictions on private property concerning take 
of the Steller's eider. Due to the prohibition against take of the 
species both within and outside of the designated areas, and the fact 
that critical habitat provides no incremental restrictions, we do not 
anticipate that property values will be affected by the critical 
habitat designation. Additionally, critical habitat designation does 
not preclude development of habitat conservation plans and issuance of 
incidental take permits. Landowners in areas that are included in the 
designated critical habitat will continue to have opportunity to 
utilize their property in ways consistent with the survival of the 
Steller's eider.

6. Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. The designation of critical habitat in areas currently 
occupied by the Steller's eider imposes no additional restrictions to 
those currently in place and, therefore, has little incremental impact 
on State and local governments and their activities. The designation 
may have some benefit to these governments in that the areas protected 
are more clearly defined, and the primary constituent elements of the 
habitat necessary to the survival of the species are specifically 
identified. While this definition and identification does not alter 
where and what federally sponsored activities may occur, it may assist 
these local governments in long-range planning (rather than waiting for 
case-by-case section 7 consultations to occur). In keeping with 
Department of the Interior and Department of Commerce policy, the 
Service requested information from the Alaska Department of Fish and 
Game. In addition, the State has a representative on our recovery team 
for this species. As the Steller's eider critical habitat listing 
process proceeds, we will coordinate with the appropriate State 
agencies.

7. Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. We designate critical habitat in accordance with the 
provisions of the Endangered Species Act and plan public hearings on 
the proposed designation during the comment period. The rule uses 
standard property descriptions and identifies the primary constituent 
elements within the designated areas to assist the public in 
understanding the habitat needs of the Steller's eider.

8. Paperwork Reduction Act

    This rule does not contain any information collection requirements 
for which Office of Management and Budget approval under the Paperwork 
Reduction Act is required.

9. National Environmental Policy Act

    We have determined that we do not need to prepare Environmental 
Assessments and Environmental Impact Statements, as defined under the 
authority of the National Environmental Policy Act of 1969 (NEPA), in 
connection with regulations adopted pursuant to section 4(a) of the 
Act. We published a notice outlining our reasons for this determination 
in the Federal Register in October 1983 (48 FR 49244).

10. Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2: We understand that we must 
relate to federally recognized Tribes on a Government-to-Government 
basis. Secretarial Order 3206, ``American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities and the Endangered Species Act,'' 
states that ``Critical habitat shall not be designated in such areas 
[an area that may impact Tribal trust resources] unless it is 
determined essential to conserve a listed species. In designating 
critical habitat, the Service shall evaluate and document the extent to 
which the conservation needs of a listed species can be achieved by 
limiting the designation to other lands.'' While this Order does not 
apply to the State of Alaska, we recognize our responsibility to inform 
affected Native Corporations and regional Native governments of this 
proposal. Subsequent to this proposal, we will coordinate with the 
Native communities and analyze the need to designate critical habitat 
on Native lands and consult with other bureaus and offices of the 
Department about the potential effects of this rule on Native 
Corporations and regional Native governments.

References Cited

    A complete list of all references cited in this proposed rule is 
available upon request from the Endangered Species Branch, Northern 
Alaska Ecological Services (see ADDRESSES section).

Author

    The primary authors of this document are Ted Swem, Cathy Donaldson, 
and Philip Martin (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    For the reasons given in the preamble, we propose to amend 50 CFR 
part 17 as set forth below:

PART 17--[AMENDED]

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

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

    2. In Sec. 17.11 (h) revise the entry for Steller's eider under 
``BIRDS'' to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species                                                 Vertebrate
------------------------------------------------------                      population where                                                   Special
                                                         Historic range       endangered or        Status     When listed  Critical habitat     rules
           Common name              Scientific name                            threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
              BIRDS
 

[[Page 13276]]

 
                   *                  *                  *                  *                  *                  *                  *
Eider, Steller's................  Polysticta stelleri  USA (AK); Russia,   U.S.A. (AK          T                      616  17.95 (b).......           NA
                                                        winters to          breeding
                                                        Scandanavia.        population only).
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec. 17.95 add critical habitat for the Steller's eider 
(Polysticta stelleri) under paragraph (b) in the same alphabetical 
order as this species occurs in Sec. 17.11 (h) to read as follows:


Sec. 17.95  Critical habitat--fish and wildlife.

* * * * *
    (b) Birds.
* * * * *

STELLER'S EIDER (Polysticta stelleri)

    1. Critical habitat units are depicted for the North Slope, 
Yukon-Kuskokwim Delta, and southwest and southcoastal Alaska, on the 
maps below. The maps are for reference only; the areas in critical 
habitat are legally described below.
BILLING CODE 4310-55-U
[GRAPHIC] [TIFF OMITTED] TP13MR00.001

    2. Within these areas, the primary constituent elements are 
those habitat components that are essential for the primary 
biological needs of feeding, nesting, brood rearing, roosting, 
molting, and wintering. In terrestrial critical habitat (North Slope 
and

[[Page 13277]]

Yukon-Kuskokwim Delta Units), the primary constituent elements are 
small ponds and shallow water habitats (particularly those with 
emergent vegetation), moist tundra within 100 meters (326 ft) of 
permanent surface waters including lakes, ponds, and pools, the 
associated aquatic invertebrate fauna, and adjacent nesting 
habitats. In marine critical habitat (all other units), the primary 
constituent elements include the marine waters up to 10 m (30 ft) 
deep and the underlying substrate, the associated invertebrate fauna 
in the water column and in and on the underlying substrate, and, 
where present, eelgrass beds and their associated flora and fauna.
    3. Critical habitat does not include existing human structures.

Unit 1. North Slope Nesting Unit

All Umiat Meridian, Alaska

    Beginning at a point of land on the line of mean high tide of 
the Chukchi Sea known as Icy Cape at approximate Latitude 70 deg. 
19' 50" North, Longitude 161 deg. 53' 00" West, within Township 11 
North, Range 39 West, Umiat Meridian, Alaska, and the TRUE POINT OF 
BEGINNING of the lands to be described.
    THENCE in a southwesterly direction with the line of mean high 
tide along the ocean side of the barrier islands and sand spits 
approximately 30 miles to the meander corner for the line dividing 
Townships 7 and 8 North, Range 43 West;
    THENCE east with the line dividing Townships 7 and 8 North 
approximately 22 miles to the corner common to Townships 7 and 8 
North, Ranges 39 and 40 West;
    THENCE north with the line dividing Ranges 39 and 40 West 
approximately 6 miles to the line dividing Townships 8 and 9 North;
    THENCE east with the line dividing Townships 8 and 9 North 
approximately 112 miles to the line dividing Township 8 North, 
Ranges 20 and 21 West;
    THENCE south with the line dividing Ranges 20 and 21 West 
approximately 6 miles to the corner common to Townships 7 and 8 
North, Ranges 20 and 21 West;
    THENCE east with the line dividing Townships 7 and 8 North 
approximately 42 miles to the corner common to Townships 7 and 8 
North, Ranges 13 and 14 West;
    THENCE south with the line dividing Ranges 13 and 14 West 
approximately 6 miles to the corner common to Townships 6 and 7 
North, Ranges 13 and 14 West;
    THENCE east with the line dividing Townships 6 and 7 North 
approximately 6 miles to the corner common to Townships 6 and 7 
North, Ranges 12 and 13 West;
    THENCE south with the line dividing Ranges 12 and 13 West 
approximately 6 miles to the corner common to Townships 5 and 6 
North, Ranges 12 and 13 West;
    THENCE east with the line dividing Townships 5 and 6 North 
approximately 6 miles to the corner common to Townships 5 and 6 
North, Ranges 11 and 12 West;
    THENCE south with the line dividing Ranges 11 and 12 West 
approximately 6 miles to the line dividing Townships 4 and 5 North;
    THENCE east with the line dividing Townships 4 and 5 North 
approximately 1 mile to the line dividing Township 4 North, Ranges 
11 and 12 West;
    THENCE south with the line dividing Ranges 11 and 12 West 
approximately 6 miles to the corner common to Townships 3 and 4 
North, Ranges 11 and 12 West;
    THENCE east with the line dividing Townships 3 and 4 North 
approximately 6 miles to the corner common to Townships 3 and 4 
North, Ranges 10 and 11 West;
    THENCE south with the line dividing Ranges 10 and 11 West 
approximately 6 miles to the corner common to Townships 2 and 3 
North, Ranges 10 and 11 West;
    THENCE east with the line dividing Townships 2 and 3 North 
approximately 36 miles to the corner common to Townships 2 and 3 
North, Ranges 4 and 5 West;
    THENCE north with the line dividing Ranges 4 and 5 West 
approximately 6 miles to the corner common to Townships 3 and 4 
North, Ranges 4 and 5 West;
    THENCE east with the line dividing Townships 3 and 4 North 
approximately 37 miles to the line of mean high water on the eastern 
(right) bank of the Colville River within Section 31 of Township 4 
North, Range 3 East;
    THENCE in a north and northeasterly direction downstream with 
the line of mean high water on the eastern (right) bank of the 
Colville River, following the eastern banks of the easternmost 
sloughs approximately 100 miles along the line of mean high tide of 
the Arctic Ocean to the meander corner common to Section 36 of 
Township 13 North, Range 7 East and Section 31 of Township 13 North, 
Range 8 East;
    THENCE in a northwesterly, westerly, and southwesterly direction 
with the outer perimeter of the Colville River Delta at the line of 
mean high tide of the Arctic Ocean, including all islands and bars, 
approximately 30 miles to the boundary of the National Petroleum 
Reserve-Alaska within Section 32 of Township 13 North, Range 4 East;
    THENCE in a northwesterly and southwesterly direction with the 
highest highwater mark of the Arctic Ocean and the Chukchi Sea, 
common with the boundary of the National Petroleum Reserve-Alaska as 
withdrawn by Executive Order 3797-A on February 27, 1923, 
approximately 400 miles to Icy Cape within Township 11 North, Range 
39 West, Umiat Meridian, Alaska, the TRUE POINT OF BEGINNING.

Unit 2. Yukon-Kuskokwim Nesting Unit

All Seward Meridian

    Beginning at the U.S. Coast and Geodetic Survey monument 
``Kokechik South Base'' at Latitude 61 deg.38'13.11" North, 
Longitude 166 deg.10'16.12" West (NAD 83), within Section 21 of 
Township 18 North, Range 93 West, Seward Meridian, Alaska, the TRUE 
POINT OF BEGINNING of the lands to be described.
    THENCE west approximately 150 feet to the line of mean high tide 
of the Bering Sea;
    THENCE southerly and southeasterly with the line of mean high 
tide of the Bering Sea, common with the boundary of the Yukon Delta 
and Alaska Maritime National Wildlife Refuges as established by the 
Alaska National Interest Lands Conservation Act (Public Law 96-487) 
on December 2, 1980, to the meander corner common to Sections 10 and 
11 of Township 16 North, Range 94 West;
    THENCE southeasterly with said refuge boundaries, closing the 
mouth of Hooper Bay to include all islands within Hooper Bay, 
approximately 7\3/4\ miles to the meander corner common to Sections 
2 and 3 of Township 15 North, Range 93 West;
    THENCE continuing southeasterly with said refuge boundaries, 
closing the mouths of all inlets, rivers, and straits, along the 
line of mean high tide of the Bering Sea to the mouth of the 
Kashunuk River at the northern meander corner common to Sections 28 
and 29 of Township 14 North, Range 91 West;
    THENCE southerly with said refuge boundaries approximately 4,200 
feet to the south bank of the mouth of the Kashunuk River at the 
southern meander corner common to Sections 28 and 29 of Township 14 
North, Range 91 West;
    THENCE continuing southerly with said refuge boundaries along 
the line of mean high tide of the Bering Sea approximately 20 miles 
to the easternmost point of a headland at the west side of Hazen Bay 
within Section 1 of Township 11 North, Range 91 West;
    THENCE continuing with said refuge boundaries on an approximate 
forward bearing of South 38 deg. East approximately 8 miles across 
the mouth of Hazen Bay to a point on the headland at approximate 
Latitude 60 deg.59'00" North, Longitude 165 deg.12'00" West, within 
Section 2 of Township 10 North, Range 90 West;
    THENCE continuing with said refuge boundaries southerly and 
southeasterly along the line of mean high tide of the Bering Sea 
approximately 8 miles to a point on the Naskonat Peninsula at the 
meander corner common to Sections 2 and 3 of Township 9 North, Range 
89 West;
    THENCE continuing with said refuge boundaries on an approximate 
forward bearing of South 21 deg. West approximately 3\1/2\ miles to 
the most northerly tip of Nunivachak Island within Section 21 of 
Township 9 North, Range 89 West;
    THENCE continuing with said refuge boundaries southwesterly 
along the line of mean high tide of Hazen Bay of the Bering Sea on 
the seaward side of Nunivachak Island approximately \1/2\ mile to 
the most southerly tip of Nunivachak Island within Section 21 of 
Township 9 North, Range 89 West;
    THENCE continuing with said refuge boundaries on an approximate 
forward bearing of South 22 deg. West approximately 4 miles to the 
most northwesterly tip of Nelson Island within Section 11 of 
Township 8 North, Range 90 West;
    THENCE continuing with said refuge boundaries southeasterly 
along the line of mean high tide of Hazen Bay of the Bering Sea 
approximately 4\1/2\ miles to the line dividing Townships 7 and 8 
North, Range 89 West;
    THENCE east with the line dividing Townships 7 and 8 North 
approximately 6 miles to the corner common to Townships 7 and 8 
North, Ranges 88 and 89 West;
    THENCE north with the line dividing Ranges 88 and 89 West 
approximately 6 miles to the line dividing Townships 8 and 9 North;
    THENCE east with the line dividing Townships 8 and 9 North 
approximately 6

[[Page 13278]]

miles to the line dividing Township 9 North, Ranges 86 and 87 West;
    THENCE north with the line dividing Ranges 86 and 87 West 
approximately 6 miles to a point in the waters of the Ninglick River 
on the line dividing Townships 9 and 10 North;
[GRAPHIC] [TIFF OMITTED] TP13MR00.002

    THENCE west with the line dividing Townships 9 and 10 North 
approximately 6 miles to the corner common to Townships 9 and 10 
North, Ranges 87 and 88 West;
    THENCE north with the line dividing Ranges 87 and 88 West 
approximately 6 miles to the corner common to Townships 10 and 11 
North, Ranges 87 and 88 West;
    THENCE east with the line dividing Townships 10 and 11 North 
approximately 6 miles to the corner common to Townships 10 and 11 
North, Ranges 86 and 87 West;
    THENCE north with the line dividing Ranges 86 and 87 West 
approximately 12 miles to the line dividing Townships 12 and 13 
North;
    THENCE west with the line dividing Townships 12 and 13 North 
approximately 6 miles to the line dividing Township 13 North, Ranges 
86 and 87 West;
    THENCE north with the line dividing Ranges 86 and 87 West 
approximately 6 miles to the corner common to Townships 13 and 14 
North, Ranges 86 and 87 West;
    THENCE west with the line dividing Townships 13 and 14 North 
approximately 12 miles to the corner common to Townships 13 and 14 
North, Ranges 88 and 89 West;
    THENCE north with the line dividing Ranges 88 and 89 West 
approximately 12 miles to the corner common to Townships 15 and 16 
North, Ranges 88 and 89 West;
    THENCE west with the line dividing Townships 15 and 16 North 
approximately 6 miles to the corner common to Townships 15 and 16 
North, Ranges 89 and 90 West;

[[Page 13279]]

    THENCE north with the line dividing Ranges 89 and 90 West 
approximately 6 miles to the line dividing Townships 16 and 17 
North;
    THENCE west with the line dividing Townships 16 and 17 North 
approximately 6 miles to the line dividing Township 17 North, Ranges 
89 and 90 West;
    THENCE north with the line dividing Ranges 89 and 90 West 
approximately 18 miles to the corner common to Townships 19 and 20 
North, Ranges 89 and 90 West;
    THENCE west with the line dividing Townships 19 and 20 North 
approximately 12 miles to the corner common to Townships 19 and 20 
North, Ranges 91 and 92 West;
    THENCE south with the line dividing Ranges 91 and 92 West 
approximately 5 miles to the line of mean high tide of Kokechik Bay 
of the Bering Sea at the meander corner common to Section 31 of 
Township 19 North, Range 91 West and Sections 36 of Township 19 
North, Range 92 West;
    THENCE southeasterly approximately \1/4\ mile, closing the mouth 
of the Lithkealik River, to a point on the line of mean high tide of 
Kokechik Bay of the Bering Sea within Section 31 of Township 19 
North, Range 91 West;
    THENCE with the said line of mean high tide southerly and 
easterly approximately 4\1/4\ miles to the most-western point at the 
mouth of the Kolomak River within Section 3 of Township 18 North, 
Range 91 West;
    THENCE southerly approximately \1/2\ mile to the said line of 
mean high tide on the south bank of the Kokechik River within 
Section 3 of Township 18 North, Range 91 West;
    THENCE in a southwesterly direction with the said line of mean 
high tide approximately 13 miles to the southernmost point of 
Kokechik Bay within Section 22 of Township 18 North, Range 93 West;
    THENCE south approximately 500 feet to the base of the bluff 
within the same section and township;
    THENCE northwesterly parallel to the base of said bluff 
approximately 1 mile to USC&GS monument ``Kokechik South Base'' 
within Section 21 of Township 18 North, Range 93 West, Seward 
Meridian, Alaska, the TRUE POINT OF BEGINNING.

BILLING CODE 4310-55-U

[[Page 13280]]

[GRAPHIC] [TIFF OMITTED] TP13MR00.003

Unit 3. Nunivak Island

    Those marine waters immediately surrounding Nunivak Island, 
Bering Sea, Alaska.
    The Nunivak Island Unit consists of the water column from the 
line of mean high tide of said island to a distance of 1/4 mile (400 
meters) seaward for the entire coastline, including the waters 
surrounding offshore islets, rocks, and reefs. Said unit lies 
entirely within the boundary of the Yukon Delta National Wildlife 
Refuge as established by the Alaska National Interest Lands 
Conservation Act (Public Law 96-487) on December 2, 1980.

Unit 4. Kuskokwim Bay

Northern Subunit

All Seward Meridian

    Beginning at a point of land on the line of mean high tide of 
Etolin Strait of the Bering Sea at a meander corner common to 
Section 6 of Township 2 North, Range 89 West, and Section 1 of 
Township 2 North, Range 90 West, Seward Meridian, Alaska, and the 
TRUE POINT OF BEGINNING of the lands to be described.
    THENCE easterly and southeasterly with the line of mean high 
tide of Etolin Strait, closing the mouth of the Kolavinarak River, 
approximately 8 miles to the meander corner common to Section 19 of 
Township 2 North, Range 88 West, and Section 24 of Township 2 North, 
Range 89 West;
    THENCE southeasterly and easterly with the line of mean high 
tide of the Bering Sea, common with the boundary of the Yukon Delta 
and Alaska Maritime National Wildlife Refuges as established by the 
Alaska National Interest Lands Conservation Act (Public Law 96-487) 
on December 2, 1980, approximately 70 miles to the meander corner 
common to Section 6 of Township 4 South, Range 80 West, and Section 
1 of Township 1 South, Range 81 West;

[[Page 13281]]

    THENCE southeasterly, perpendicular to the coastline for a 
distance of 25 miles (40 kilometers) to a point in the waters of the 
Bering Sea;
    THENCE southwesterly, westerly, and northwesterly, parallel to 
the coastline of the Bering Sea and Etolin Strait for approximately 
80 miles, to a point in the waters of Etolin Strait 25 miles (40 
kilometers) southwest of the meander corner common to Section 6 of 
Township 2 North, Range 89 West, and Section 1 of Township 2 North, 
Range 90 West;
    THENCE northeast 25 miles (40 kilometers) to the line of mean 
high tide of Etolin Strait at the aforementioned meander corner and 
the TRUE POINT OF BEGINNING.

Southern Subunit

All Seward Meridian

    Beginning at a point of land on the line of mean high tide of 
Kuskokwim Bay of the Bering Sea at the meander corner common to 
Section 35 of Township 4 South, Range 74 West, and Section 1 of 
Township 5 South, Range 74 West, Seward Meridian, Alaska, and the 
TRUE POINT OF BEGINNING of the lands to be described.
    THENCE southerly with the line of mean high tide of Kuskokwim 
Bay, common with the boundary of the Yukon Delta, Togiak, and Alaska 
Maritime National Wildlife Refuges as established by the Alaska 
National Interest Lands Conservation Act (Public Law 96-487) on 
December 2, 1980, approximately 120 miles to the meander corner 
common to Sections 15 and 22 of Township 15 South, Range 75 West;
    THENCE continuing with the line of mean high tide of Kuskokwim 
and Bristol Bays in a southerly, westerly, and easterly direction, 
inside the boundary of the Togiak National Wildlife Refuge, for 
approximately 60 miles to the meander corner common to Sections 9 
and 10 of Township 18 South, Range 74 West;
    THENCE easterly with the line of mean high tide of Bristol Bay 
and Hagemeister Strait, common with the boundary of the Togiak and 
Alaska Maritime National Wildlife Refuges, approximately 40 miles to 
Tongue Point within Section 9 of Township 16 South, Range 69 West;
    THENCE south \1/2\ mile (0.8 kilometers) to a point in the 
waters of Bristol Bay of Hagemeister Strait;
    THENCE southwesterly and northerly, parallel to the coastline of 
Hagemeister Strait and Bristol Bay approximately 60 miles to a point 
in the waters of Bristol Bay \1/2\ mile west of the meander corner 
common to Section 36 of Township 18 South, Range 76 West and Section 
1 of Township 19 South, Range 76 West;
    THENCE due west 24\1/2\ miles;
    THENCE in a general westerly, easterly, and northerly direction, 
parallel to the coastline of Bristol and Kuskokwim Bays of the 
Bering Sea for approximately 100 miles, to a point in the waters of 
Kuskokwim Bay 25 miles (40 kilometers) southwest of the meander 
corner common to Section 35 of Township 4 South, Range 74 West, and 
Section 1 of Township 5 South, Range 75 West;
    THENCE northeast 25 miles (40 kilometers) to the line of mean 
high tide of Kuskokwim Bay at the aforementioned meander corner and 
the TRUE POINT OF BEGINNING.

Unit 5. North Side of the Alaska Peninsula

Egegik Bay Unit

All Seward Meridian

    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Bristol Bay of the Bering Sea at a meander 
corner common to Section 36 of Township 21 South, Range 51 West, and 
Section 1 of Township 22 South, Range 51 West, Seward Meridian, 
Alaska, and the TRUE POINT OF BEGINNING of the lands to be 
described.
    THENCE southeasterly and northeasterly with the line of mean 
high tide of the Bering Sea, common with the boundary of the Alaska 
Maritime National Wildlife Refuge as established by the Alaska 
National Interest Lands Conservation Act (Public Law 96-487) on 
December 2, 1980, approximately 8 miles to the meander corner common 
to Section 35 of Township 22 South, Range 50 West and Section 2 of 
Township 23 South, Range 50 West;
    THENCE east with the line dividing Townships 22 and 23 South 
approximately 1 \1/2\ miles to a point in the waters of Egegik Bay 
immediately north of the village of Egegik on the line dividing 
Ranges 49 and 50 West;
    THENCE with the line dividing Ranges 49 and 50 West 
approximately \1/4\ mile to the line of mean high tide of Egegik Bay 
on the boundary of the Alaska Maritime National Wildlife Refuge;
    THENCE continuing with said line of mean high tide and refuge 
boundary in a southwesterly, northerly, and southwesterly direction 
for approximately 14 miles to the meander corner common to Section 
35 of Township 23 South, Range 51 West and Section 2 of Township 24 
South, Range 51 West;
    THENCE northerly through the waters of Bristol Bay, closing 
Egegik Bay, to the aforementioned meander corner, the TRUE POINT OF 
BEGINNING.

Ugashik Bay Unit

All Seward Meridian

    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Bristol Bay of the Bering Sea at a meander 
corner common to Section 34 of Township 29 South, Range 52 West, and 
Section 3 of Township 30 South, Range 52 West, Seward Meridian, 
Alaska, and the TRUE POINT OF BEGINNING of the lands to be 
described.
    THENCE southeasterly with the line of mean high tide of Bristol 
and Ugashik Bays, common with the boundary of the Alaska Maritime 
National Wildlife Refuge as established by the Alaska National 
Interest Lands Conservation Act (Public Law 96-487) on December 2, 
1980, approximately 11\1/2\ miles to the meander corner common to 
Sections 17 and 20 of Township 31 South, Range 51 West;
    THENCE on the line dividing Sections 18 and 19 of Township 31 
South, Range 51 West approximately 1 mile to the headland at the 
confluence of the Ugashik and King Salmon Rivers;
    THENCE westerly with the headland, continuing with said refuge 
boundary on the line of mean high tide of Ugashik Bay approximately 
\1/2\ mile to the meander corner common to Sections 13 and 24 of 
Township 31 South, Range 52 West;
    THENCE west, continuing with said refuge boundary on the line 
dividing Sections 13 and 24 of Township 31 South, Range 52 West to 
the meander corner common to Sections 14 and 23 of the same 
township;
    THENCE continuing west with the section line dividing the north 
and south halves of Township 31 South, Ranges 52 and 53 West 
approximately 8 miles to the line of mean high tide of Bristol Bay 
at the meander corner common to Sections 16 and 21 of Township 31 
South, Range 53 West;
    THENCE northwesterly, perpendicular to the coastline for or a 
distance of \1/4\ mile (400 meters) to a point in the waters of 
Bristol Bay of the Bering Sea;
    THENCE in a northeasterly direction, parallel to the coastline 
of Bristol Bay and closing the entrance to Ugashik Bay, for 
approximately 11 miles to a point in the waters of Bristol Bay \1/4\ 
mile (400 meters) southwest of the meander corner common to Section 
34 of Township 29 South, Range 52 West, and Section 3 of Township 30 
South, Range 52 West;
    THENCE northeast \1/4\ mile to the aforementioned meander 
corner, the TRUE POINT OF BEGINNING.

Cinder River Unit

All Seward Meridian

    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Bristol Bay of the Bering Sea at a meander 
corner common to Sections 21 and 28 of Township 32 South, Range 54 
West, Seward Meridian, Alaska, and the TRUE POINT OF BEGINNING of 
the lands to be described.
    THENCE in a general southwesterly direction with the line of 
mean high tide of Bristol Bay, common with the boundary of the 
Alaska Maritime National Wildlife Refuge as established by the 
Alaska National Interest Lands Conservation Act (Public Law 96-487) 
on December 2, 1980 approximately 3\1/2\ miles to the southernmost 
point of Section 3 of Township 33 South, Range 55 West;
    THENCE continuing with the line of mean high tide northeasterly, 
southwesterly, and northeasterly to encompass the Cinder River/Mud 
Creek tidal flats area, closing the mouths of the Cinder River and 
Mud Creek, approximately 15 miles to the northernmost point of 
Section 4 of Township 33 South, Range 55 West;
    THENCE southwest with the said line of mean high tide, common 
with said refuge boundary, approximately 3 miles to the meander 
corner common to Section 18 of Township 33 South, Range 55 West, and 
Section 13 of Township 33 South, Range 56 West;
    THENCE northwest, perpendicular to the coastline for a distance 
of \1/4\ mile (400 meters) to a point in the waters of Bristol Bay;
    THENCE in a northeasterly direction, parallel to the coastline 
of Bristol Bay, closing the entrance to the Cinder River/Mud Creek 
tidal flats area, for approximately 6\1/2\ miles to a point in the 
waters of Bristol Bay \1/4\ mile (400 meters) northwest of the

[[Page 13282]]

meander corner common to Sections 21 and 28 of Township 32 South, 
Range 54 West;
    THENCE southeast \1/4\ mile to the aforementioned meander 
corner, the TRUE POINT OF BEGINNING.

Port Heiden Unit

All Seward Meridian

    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Bristol Bay of the Bering Sea at the meander 
corner common to Section 31 of Township 36 South, Range 58 West, and 
Section 3 of Township 37 South, Range 59 West, Seward Meridian, 
Alaska, and the TRUE POINT OF BEGINNING of the lands to be 
described.
    THENCE southwesterly, with the line of mean high tide of Bristol 
Bay, common with the boundary of the Alaska Maritime National 
Wildlife Refuge as established by the Alaska National Interest Lands 
Conservation Act (Public Law 96-487) on December 2, 1980, 
approximately 8\1/2\ miles to the southernmost point of Section 17 
of Township 38 South, Range 59 West;
    THENCE in a general southeasterly direction with said refuge 
boundary along the line of mean high tide of Port Heiden and the 
right bank of the Meshik River upstream approximately 12 miles to 
the line dividing Sections 35 and 36 of Township 39 South, Range 59 
West;
    THENCE south with said Section line approximately \1/4\ mile to 
the line dividing Townships 39 and 40 South;
    THENCE west with said township line approximately \1/2\ mile to 
the left bank of the Meshik River;
    THENCE northwesterly with said refuge boundary along the left 
bank of the Meshik River approximately 3 \1/2\ miles to the 
westernmost point of the mouth of said river at the line of mean 
high tide of Port Heiden within Section 20 of Township 39 South, 
Range 59 West;
    THENCE westerly, southwesterly, and northeasterly with said 
refuge boundary at the line of mean high tide of Port Heiden 
approximately 30 miles to Strogonof Point in Section 17 of Township 
38 South, Range 60 West;
    THENCE southwest with the said line of mean high tide, common 
with said refuge boundary, approximately 10 miles to the meander 
corner common to Section 18 of Township 39 South, Range 61 West, and 
Section 13 of Township 33 South, Range 62 West;
    THENCE northwest, perpendicular to the coastline for a distance 
of \1/4\ mile (400 meters) to a point in the waters of Bristol Bay;
    THENCE in a northeasterly direction, parallel to the coastline 
of Bristol Bay, closing the entrance to Port Heiden and parallel to 
the ocean side of Chistiakof Island, for approximately 20 miles to a 
point in the waters of Bristol Bay \1/4\ mile (400 meters) northwest 
of the meander corner common to Section 31 of Township 36 South, 
Range 58 West, and Section 3 of Township 37 South, Range 59 West;
    THENCE southeast \1/4\ mile to the aforementioned meander 
corner, the TRUE POINT OF BEGINNING.

Seal Islands Unit

All Seward Meridian

    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Bristol Bay of the Bering Sea at the meander 
corner common to Section 32 of Township 39 South, Range 62 West, and 
Section 5 of Township 40 South, Range 62 West, Seward Meridian, 
Alaska, and the TRUE POINT OF BEGINNING of the lands to be 
described.
    THENCE southwesterly, with the line of mean high tide of Bristol 
Bay, common with the boundary of the Alaska Maritime National 
Wildlife Refuge as established by the Alaska National Interest Lands 
Conservation Act (Public Law 96-487) on December 2, 1980, 
approximately 4\1/2\ miles to the southernmost point of Section 15 
of Township 40 South, Range 63 West;
    THENCE continuing with the line of mean high tide and said 
refuge boundary northeasterly, southwesterly, and northeasterly to 
encompass the Seal Islands lagoon and Ilnik Lake areas, 
approximately 45 miles to the northernmost point of Section 1 of 
Township 41 South, Range 65 West;
    THENCE southwest with the said line of mean high tide and refuge 
boundary, approximately 7 miles to the meander corner common to 
Section 19 of Township 41 South, Range 65 West, and Section 24 of 
Township 41 South, Range 66 West;
    THENCE northwest, perpendicular to the coastline for a distance 
of \1/4\ mile (400 meters) to a point in the waters of Bristol Bay;
    THENCE in a northeasterly direction, parallel to the coastline 
of Bristol Bay and the ocean side of the Seal Islands, closing the 
entrance to the Seal Islands lagoon, for approximately 18 miles to a 
point in the waters of Bristol Bay \1/4\ mile (400 meters) northwest 
of the meander corner common to Section 32 of Township 39 South, 
Range 62 West, and Section 5 of Township 40 South, Range 62 West;
    THENCE southeast \1/4\ mile to the aforementioned meander corner 
common, the TRUE POINT OF BEGINNING.

Cape Seniavin Unit

    Those marine waters of the Bering Sea immediately fronting Cape 
Seniavin, Alaska Peninsula, Alaska.
    The Cape Seniavin Unit consists of the water column from the 
line of mean high tide of the Bering Sea. The radius of the Unit is 
3 miles (5 kilometers), the center of which is the Cape Seniavin 
Light, located at Latitude 56 deg. 23' 57.64" North, Longitude 
160 deg. 08' 47.67" West, within Section 4 of Township 44 South, 
Range 69 West, Seward Meridian, Alaska.

Nelson Lagoon/Herendeen Bay/Port Moller Unit

    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Bristol Bay of the Bering Sea at the meander 
corner common to Section 33 of Township 47 South, Range 72 West, and 
Section 4 of Township 48 South, Range 72 West, Seward Meridian, 
Alaska, and the TRUE POINT OF BEGINNING of the lands to be 
described.
    THENCE southwesterly, with the line of mean high tide of Bristol 
Bay, common with the boundary of the Alaska Maritime National 
Wildlife Refuge as established by the Alaska National Interest Lands 
Conservation Act (Public Law 96-487) on December 2, 1980, 
approximately 23 miles to the meander corner common to Section 34 of 
Township 49 South, Range 72 West and Section 3 of Township 50 South, 
Range 72 West;
    THENCE southwesterly, leaving said refuge boundary, across the 
waters of Port Moller approximately 7 miles to the meander corner 
common to Section 31 of Township 50 South, Range 72 West and Section 
6 of Township 51 South, Range 72 West;
    THENCE northerly, westerly, and southerly with the line of mean 
high tide of Port Moller and Herendeen Bay common with said refuge 
boundary approximately 26 miles to the meander corner common to 
Section 32 of Township 50 South, Range 74 West and Section 6 of 
Township 51 South, Range 74 West;
    THENCE west with the line dividing Townships 50 and 51 South, 
crossing Herendeen Bay, approximately 5\1/2\ miles to the meander 
corner common to Section 32 of Township 50 South, Range 75 West and 
Section 5 of Township 51 South, Range 75 West;
    THENCE northerly, westerly, and northeasterly with the line of 
mean high tide of Herendeen Bay and Nelson Lagoon, common with said 
refuge boundary, approximately 55 miles to Lagoon Point within 
Section 22 of Township 48 South, Range 76 West;
    THENCE southwesterly with the line of mean high tide of the 
Bering Sea, common with said refuge boundary, approximately 8 miles 
to the meander corner common to Section 6 of Township 49 South, 
Range 78 West and Section 1 of Township 49 South, Range 79 West;
    THENCE northwest, perpendicular to the coastline for a distance 
of \1/4\ mile (400 meters) to a point in the waters of Bristol Bay;
    THENCE in a northeasterly direction, parallel to the coastline 
of Bristol Bay and the ocean side of the Kudobin Islands, closing 
the entrance to the Hague Channel, for approximately 40 miles to a 
point in the waters of Bristol Bay \1/4\ mile (400 meters) northwest 
of the meander corner common to Section 33 of Township 47 South, 
Range 72 West, and Section 4 of Township 48 South, Range 72 West;
    THENCE southeast \1/4\ mile to the aforementioned meander corner 
common, the TRUE POINT OF BEGINNING.

Izembek Lagoon Unit

    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Bristol Bay of the Bering Sea at the meander 
corner common to Section 18 of Township 54 South, Range 86 West, and 
Section 13 of Township 54 South, Range 87 West, Seward Meridian, 
Alaska, and the TRUE POINT OF BEGINNING of the lands to be 
described.
    THENCE southwesterly, with the line of mean high tide of Bristol 
Bay, common with the boundary of the Alaska Maritime National 
Wildlife Refuge as established by the Alaska National Interest Lands

[[Page 13283]]

Conservation Act (Public Law 96-487) on December 2, 1980, 
approximately 4 miles to Moffet Point within Section 4 of Township 
55 South, Range 87 West;
    THENCE continuing with the line of mean high tide, inside the 
boundary of the Izembek National Wildlife Refuge, northeasterly, 
southwesterly, and northeasterly to encompass Moffet and Izembek 
Lagoons, Applegate Cove, and Norma Bay, approximately 55 miles to 
Cape Glazenap within Section 18 of Township 57 South, Range 90 West;
    THENCE southwest with the line of mean high tide of Bristol Bay, 
common to the Alaska Maritime refuge boundary, approximately 14 
miles to the meander corner common to Section 31 of Township 58 
South, Range 92 West, and Section 36 of Township 58 South, Range 93 
West;
    THENCE northwest, perpendicular to the coastline for a distance 
of \1/4\ mile (400 meters) to a point in the waters of Bristol Bay;
    THENCE in a northeasterly direction, parallel to the coastline 
of Bristol Bay and the ocean side of the Kudiakof Islands, closing 
the entrances to Izembek Lagoon, for approximately 30 miles to a 
point in the waters of Bristol Bay \1/4\ mile (400 meters) northwest 
of the meander corner common to Section 18 of Township 54 South, 
Range 86 West, and Section 13 of Township 54 South, Range 87 West;
    THENCE southeast \1/4\ mile to the aforementioned meander corner 
common, the TRUE POINT OF BEGINNING.

Bechevin Bay Unit

    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Bristol Bay of the Bering Sea at the meander 
corner common to Section 31 of Township 58 South, Range 92 West, and 
Section 36 of Township 58 South, Range 93 West, Seward Meridian, 
Alaska, and the TRUE POINT OF BEGINNING of the lands to be 
described.
    THENCE southwesterly, with the line of mean high tide of Bristol 
Bay, common with the boundary of the Alaska Maritime National 
Wildlife Refuge as established by the Alaska National Interest Lands 
Conservation Act (Public Law 96-487) on December 2, 1980, 
approximately 6 miles to Cape Krenitzin at the meander corner common 
to Sections 17 and 20 of Township 59 South, Range 93 West;
    THENCE southerly, northeasterly, and southerly with the line of 
mean high tide of Bechevin Bay and Isanotski Strait, common with 
said refuge boundary except to include Hot Springs Bay and Traders 
Cove, which lie inside the Alaska Peninsula refuge boundary, 
approximately 50 miles to Palisade Cliffs at the meander corner 
common to Section 18 of Township 62 South, Range 93 West, and 
Section 13 of Township 62 South, Range 94 West;
    THENCE south with the line dividing Ranges 93 and 94 West, 
across Ikatan Bay of the Pacific Ocean approximately 3\1/2\ miles to 
a point of land on the Ikatan Peninsula of Unimak Island on the line 
of mean high tide of Ikatan Bay at the meander corner common to 
Section 6 of Township 63 South, Range 93 West, and Section 1 of 
Township 63 South, Range 94 West;
    THENCE northwesterly, easterly, and westerly on the shore of 
Unimak Island with the line of mean high tide of Ikatan Bay, 
Isanotski Strait, Bechevin Bay, and Bristol Bay, to the meander 
corner common to Section 30 of Township 59 South, Range 94 West, and 
Section 25 of Township 59 South, Range 95 West;
    THENCE north, perpendicular to the coastline for a distance of 
\1/4\ mile (400 meters) to a point in the waters of Bristol Bay;
    THENCE in a northeasterly direction, parallel to the coastline 
of Bristol Bay, closing the entrance to Bechevin Lagoon, for 
approximately 14 miles to a point in the waters of Bristol Bay \1/4\ 
mile (400 meters) northwest of the meander corner common to Sections 
17 and 20 of Township 59 South, Range 93 West;
    THENCE southeast \1/4\ mile to the aforementioned meander corner 
common, the TRUE POINT OF BEGINNING.

Unit 6. Eastern Aleutians

    Those marine waters of the Bering Sea and Pacific Ocean 
immediately fronting Unimak Island (excluding the Bechevin Bay 
Unit), the Krenitzin Islands (Ugamak and Unalga group), Unalaska 
Island, Umnak Island, and Samalga Island, Alaska.
    The Eastern Aleutians Unit consists of the water column from the 
line of mean high tide of the Bering Sea and Pacific Ocean to a 
distance of \1/4\ mile (400 meters) seaward for the entire coastline 
lying between the Bechevin Bay Unit on the east and Samalga Pass on 
the west. Included within the Unit are the waters within \1/4\ mile 
(400 meters) of all associated islands and offshore islets, rocks, 
and reefs.

Unit 7. South Side of the Alaska Peninsula

All Seward Meridian

    Those marine waters of the Pacific Ocean immediately fronting 
the south side of the Alaska Peninsula, Alaska.
    The Alaska Peninsula Unit consists of the water column from the 
line of mean high tide of the Pacific Ocean to a distance of \1/4\ 
mile (400 meters) seaward for the entire coastline lying between 
Ikatan Bay on the west and Cook Inlet on the east. Said boundary 
points are more particularly described as follows:
    West Boundary: a point of land on the Alaska Peninsula at 
Palisade Cliffs on the line of mean high tide of Ikatan Bay of the 
Pacific Ocean at the meander corner common to Section 18 of Township 
62 South, Range 93 West, and Section 13 of Township 62 South, Range 
94 West, Seward Meridian, Alaska.
    East Boundary: a point of land on the Iniskin Peninsula of the 
Alaska Peninsula known as Chinitna Point on the line of mean high 
tide of Cook Inlet of the Pacific Ocean within Section 5 of Township 
6 South, Range 22 West, Seward Meridian, Alaska.
    Included within the Unit are the waters within \1/4\ mile (400 
meters) of all associated islands including the Sanak, Shumagin, and 
Semidi island groups, Chirikof Island, and all offshore islets, 
rocks, and reefs. Excluded from the Unit are the waters surrounding 
the Trinity, Kodiak, and Afognak island groups.
    Areas of the Unit that are exceptions to the \1/4\ mile (400 
meters) seaward water column are described as follows:
    Morzhovoi Bay: Those marine waters of northern Morzhovoi Bay, 
including Big and Middle lagoons, lying between Boiler Point on the 
west and Reynolds Head on the east, and to include Littlejohn 
Lagoon, east of Reynolds Head. The boundary line connecting said 
points are more particularly described as follows:
    West Boundary: A point of land on the Alaska Peninsula known as 
Boiler Point on the line of mean high tide of Morzhovoi Bay of the 
Pacific Ocean within Section 6 of Township 60 South, Range 91 West, 
Seward Meridian, Alaska. Said point is approximately 850 feet 
northeast of USC&GS monument ``Slope'' which is at Latitude 55 deg. 
00' 41.69" North, Longitude 163 deg. 08' 57.57" West (NAD 83).
    East Boundary: A point of land on the Alaska Peninsula known as 
Reynolds Head on the line of mean high tide of Morzhovoi Bay of the 
Pacific Ocean within Section 5 of Township 60 South, Range 90 West, 
Seward Meridian, Alaska. Said point is the most northwestern point 
of land within Section 5 of said township.
    Cold Bay: Those marine waters of Cold Bay, including Old Mans 
Lagoon, Lenard Harbor, Mortensons Lagoon, and Kinzarof Lagoon, lying 
north of a boundary line closing the mouth of Cold Bay. The points 
on the boundary line closing the mouth of Cold Bay are more 
particularly described as follows:
    West Boundary: A point of land on the Alaska Peninsula on the 
line of mean high tide of Cold Bay at the meander corner common to 
Section 36 of Township 59 South, Range 88 West, and Section 1 of 
Township 60 South, Range 88 West Seward Meridian, Alaska.
    East Boundary: A point of land on the Alaska Peninsula known as 
Vodapoini Point on the line of mean high tide of Cold Bay within 
Section 36 of Township 59 South, Range 87 West, Seward Meridian, 
Alaska. Said point is the most western point of land within Section 
36 of said township.
    Sanak Islands: Those marine waters of the Pacific Ocean 
surrounding the Sanak Island group, said waters being divided into 
north and south portions lying between Point Petrof on the west and 
Lookout Point on the east. These portions are defined as the water 
column from the line of mean high tide of the Pacific Ocean 
extending to a distance of 5 miles (8 kilometers) seaward for the 
southern portion and a distance of 1 mile (1.6 kilometers) seaward 
for the northern portion.
    Said southern portion extends 5 miles from the southern 
coastlines of Point Petrof, Rabbit Island, Sanak Island, Long 
Island, Clifford Island, Elma Island, and Caton Island.
    Said northern portion extends 1 mile from the northern 
coastlines of Point Petrof, Sanak Island, Finneys Island, and Caton 
Island.
    Those westernmost and easternmost points that divide the 
southern and northern portions are more particularly described as 
follows:
    West Boundary: A point of land known as Point Petrof on a small 
island on the northwest side of Sanak Harbor of the Pacific

[[Page 13284]]

Ocean on the line of mean high tide of the Pacific Ocean within 
Section 3 of Township 66 South, Range 91 West, Seward Meridian, 
Alaska. Said point is approximately 500 feet west of USC&GS monument 
``Petrof,'' which is at Latitude 54 deg. 29' 37.62" North, Longitude 
162 deg. 49' 49.37" West (NAD 83).
    East Boundary: A point of land on Caton Island known as Lookout 
Point on the line of mean high tide of the Pacific Ocean within 
Section 11 of Township 67 South, Range 88 West, Seward Meridian, 
Alaska. Said point is the most eastern point of land within Section 
11 of said township.
    Ivanof Bay: Those marine waters of Ivanof Bay of the Pacific 
Ocean lying north of a boundary line closing the mouth of said bay. 
Said boundary line is common with the boundaries of the Alaska 
Peninsula and Alaska Maritime National Wildlife Refuges as 
established by the Alaska National Interest Lands Conservation Act 
(Public Law 96-487) on December 2, 1980. The points on the boundary 
line closing the mouth of Ivanof Bay are more particularly described 
as follows:
    West Boundary: A point of land on the Alaska Peninsula on the 
line of mean high tide of Ivanof Bay at the meander corner common to 
Sections 9 and 16 of Township 51 South, Range 66 West, Seward 
Meridian, Alaska.
    East Boundary: A point of land on the Alaska Peninsula known as 
Alexander Point on the line of mean high tide of Ivanof Bay within 
Section 1 of Township 51 South, Range 66 West, Seward Meridian, 
Alaska. Said point is the most southern point of land within Section 
1 of said township.
    Chignik Lagoon: Those marine waters of Chignik Lagoon including 
Mallard Duck Bay and Schooner Cove, lying west of the line dividing 
Township 44 South, Ranges 58 and 59 West, Seward Meridian, Alaska. 
The western extent of Chignik Lagoon is described as follows:
    Beginning at a point of land on the Alaska Peninsula on the line 
of mean high tide of Chignik Lagoon and the Chignik River at the 
meander corner common to Sections 15 and 16 of Township 45 South, 
Range 60 West; THENCE south with the section line across the Chignik 
River approximately \1/4\ mile to the meander corner common to 
Sections 21 and 22 of the same township.
    Wide Bay: Beginning at a point of land on the Alaska Peninsula 
on the line of mean high tide of Shelikof Strait of the Pacific 
Ocean at the meander corner common to Section 35 of Township 33 
South, Range 44 West, and Section 2 of Township 34 South, Range 44 
West, Seward Meridian, Alaska, and the TRUE POINT OF BEGINNING of 
the lands to be described.
    THENCE northerly, southwesterly, and northeasterly with the line 
of mean high tide of Shelikof Strait and Wide Bay approximately 60 
miles to Cape Igvak at the southernmost portion of the Alaska 
Peninsula in Section 12 of Township 32 South, Range 42 West;
    THENCE south, perpendicular to the coastline for a distance of 1 
mile (1.6 kilometers) to a point in the waters of Shelikof Strait;
    THENCE in a southwesterly direction, parallel to the coastline 
of the Alaska Peninsula, closing the entrance to Wide Bay, and 
paralleling the ocean side of all islands fronting Wide Bay, for 
approximately 17 miles to a point in the waters of Shelikof Strait 1 
mile east of the meander corner common to Section 35 of Township 33 
South, Range 44 West, and Section 2 of Township 34 South, Range 44 
West;
    THENCE west 1 mile to the aforementioned meander corner common, 
the TRUE POINT OF BEGINNING.
    Kamishak Bay: Beginning at a point of land on the Alaska 
Peninsula on the line of mean high tide of Kamishak Bay of the 
Pacific Ocean at the meander corner common to Section 7 of Township 
14 South, Range 25 West, and Section 12 of Township 14 South, Range 
26 West, Seward Meridian, Alaska, and the TRUE POINT OF BEGINNING of 
the lands to be described.
    THENCE northwesterly and northeasterly with the line of mean 
high tide of Kamishak Bay, including all associated bays and coves, 
approximately 190 miles to a point on the Iniskin Peninsula known as 
Chinitna Point on the line of mean high tide of Cook Inlet of the 
Pacific Ocean within Section 5 of Township 6 South, Range 22 West, 
Seward Meridian, Alaska;
    THENCE south, perpendicular to the coastline for a distance of 1 
mile (1.6 kilometers) to a point in the waters of Cook Inlet;
    THENCE in a southwesterly direction, parallel to the coastline 
of the Alaska Peninsula, for approximately 150 miles to a point in 
the waters of Kamishak Bay 1 mile north of the meander corner common 
to Section 7 of Township 14 South, Range 25 West, and Section 12 of 
Township 14 South, Range 26 West;
    THENCE south 1 mile to the aforementioned meander corner common, 
the TRUE POINT OF BEGINNING.

Unit 8. Kachemak Bay/Ninilchik

    Beginning at a point of land on the Kenai Peninsula on the line 
of mean high tide of Cook Inlet of the Gulf of Alaska of the Pacific 
Ocean at the meander corner common to Section 33 of Township 1 
South, Range 14 West, and Section 4 of Township 2 South, Range 14 
West, Seward Meridian, Alaska, and the TRUE POINT OF BEGINNING of 
the lands to be described.
    THENCE southwesterly, southeasterly, northeasterly, and 
southwesterly with the line of mean high tide of Cook Inlet, 
Kachemak Bay, and all associated bays and coves, common with the 
boundary of the Alaska Maritime National Wildlife Refuge as 
established by the Alaska National Interest Lands Conservation Act 
(Public Law 96-487) on December 2, 1980, approximately 210 miles to 
a point on the Kenai Peninsula known as Point Bede at the western 
most extent of Section 16 of Township 10 South, Range 16 West;
    THENCE northerly across the mouth of Kachemak Bay, approximately 
29 miles to a point in the waters of Cook Inlet 1 mile (1.6 
kilometers) northwest of the meander corner common to Section 33 of 
Township 4 South, Range 15 West, and Section 5 of Township 5 South, 
Range 15 West;
    THENCE in a northeasterly direction, parallel to the coastline 
of the Kenai Peninsula, approximately 18 miles to a point in the 
waters of Cook Inlet 1 mile northwest of the meander corner common 
to Section 33 of Township 1 South, Range 14 West, and Section 4 of 
Township 2 South, Range 14 West;
    THENCE southeast 1 mile to the aforementioned meander corner 
common, the TRUE POINT OF BEGINNING.

Unit 9. Kodiak

    Those marine waters immediately surrounding the islands of the 
Kodiak Archipelago, Gulf of Alaska, Pacific Ocean, Alaska.
    The Kodiak/Afognak Island Unit consists of the water column from 
the line of mean high tide of Kodiak and Afognak islands to a 
distance of \1/4\ mile (400 meters) seaward. Said water column is 
reserved for all islands of the Kodiak Archipelago, including the 
waters within \1/4\ mile (400 m) of the Trinity Islands, Marmot 
Island, Shuyak Island, and all other offshore islets, rocks, and 
reefs.

* * * * *

    Dated: February 29, 2000.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-5436 Filed 3-10-00; 8:45 am]
BILLING CODE 4310-55-U