[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Proposed Rules]
[Pages 75608-75771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26877]



[[Page 75607]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



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

  Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / 
Proposed Rules  

[[Page 75608]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AT89


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat for the Pacific coast distinct population 
segment of the western snowy plover (Charadrius alexandrinus nivosus) 
pursuant to the Endangered Species Act of 1973, as amended (Act). In 
developing this proposal, we evaluated those lands determined to 
contain habitat features essential to the conservation of the Pacific 
coast population of the western snowy plover to ascertain if any 
specific areas are appropriate for exclusion from critical habitat 
pursuant to section 4(b)(2) of the Act. Section 4(b)(2) requires us to 
take into account economic and other impacts resulting from 
designation, and allows us to exclude areas with essential habitat 
features if the benefits of exclusion outweigh those of designation. 
Additionally, the newly amended section 4(a)(3) requires exclusion of 
military lands subject to an Integrated Natural Resources Management 
Plan (INRMP) that benefits the species. We have excluded several units 
based on these provisions. Additionally, we have considered, but are 
not proposing, several areas that were either unoccupied at the time of 
listing (1993) or are unoccupied now. We include descriptions and maps 
of these areas and are soliciting public comment regarding the 
appropriateness of including any of these areas in the final critical 
habitat designation. We propose to designate approximately 17,299 acres 
(ac) (7,001 hectares (ha)) within 35 units along the coasts of 
California, Oregon, and Washington. This rule is being proposed 
pursuant to a court order issued in July 2003, partially vacating 
critical habitat established for the Pacific coast population of the 
western snowy plover and remanding the previous designation of critical 
habitat for preparation of a new analysis of the economic impacts (Coos 
County Board of County Commissioners et al. v. Department of the 
Interior et al.).
    If this proposal is made final, section 7 of the Act would prohibit 
destruction or adverse modification of critical habitat by any activity 
authorized, funded, or carried out by any Federal agency. As required 
by section 4 of the Act, we will consider the economic and other 
relevant impacts prior to making a final decision on what areas to 
designate as critical habitat.
    We hereby solicit information and comments from the public on all 
aspects of this proposal, including data on the economic and other 
impacts of designation as well as any benefits of the designation (see 
Public Comments Solicited section below). We are also specifically 
soliciting public comments on the appropriateness of excluding lands 
covered by certain approved and pending habitat conservation plans or 
management plans, and Department of Defense lands pursuant to section 
4(b)(2) and 4(a)(3) of the Act from this proposed designation. We may 
revise this proposal prior to final designation to incorporate or 
address new information received during the comment period.
    In the development of our final designation, we will incorporate or 
address any new information received during the public comment periods, 
or from our evaluation of the potential economic impacts of this 
proposal. As such, we may revise this proposal to address new 
information and/or to either exclude additional areas that may warrant 
exclusion pursuant to section 4(b)(2) or to add in those areas 
determined to contain essential habitat features but excluded from this 
proposal.

DATES: We will accept comments from all interested parties until 
February 15, 2005. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by January 31, 
2005. The specific times, dates, and locations for any hearings will be 
announced in the Federal Register in the coming months.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    1. You may submit written comments and information to Wayne White, 
Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and 
Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, California 95825 
(telephone 916-414-6600).
    2. You may hand-deliver written comments to our Sacramento Fish and 
Wildlife Office, at the address given above, or fax your comments to 
916-414-6713.
    3. You may send comments by electronic mail (e-mail) to [email protected]. Please see the Public Comments Solicited section below for 
file format and other information about electronic filing. In the event 
that our internet connection is not functional, please submit your 
comments by the alternate methods mentioned above.
    The comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: For general information about this 
proposed rule, or information on units CA 7 through CA 10, or on units 
considered to include habitat essential to the conservation of the 
plover but excluded for the San Francisco Bay area, contact Glen Tarr 
or Arnold Roessler, Sacramento Fish and Wildlife Office, 2800 Cottage 
Way, W-2605 Sacramento, CA 95825 (telephone 916-414-6600; facsimile 
916-414-6712).
    For information on units WA 1 through WA 4, contact Martha Jensen, 
Western Washington Fish and Wildlife Office, 510 Desmond Dr. SE., 
Lacey, WA 98503 (telephone 360-753-9000; facsimile 360-534-9331).
    For information on units OR 1 through OR 12, contact Fred Seavey, 
Newport Field Office, 2127 SE Marine Dr., Newport, OR 97365-5258 
(telephone 541-867-4558 ext. 239; facsimile 541-867-4551).
    For information on units CA 1 through CA 6, contact Jim Watkins, 
Arcata Fish and Wildlife Office, 1655 Heindon Rd., Arcata, CA 95521 
(telephone 707-822-7201; facsimile 707-822-8411).
    For information on units CA 11 through CA 19, contact Mike McCrary, 
Ventura Fish and Wildlife Office, 2493 Portola Rd., Suite B, Ventura, 
CA 93003 (telephone 805-644-1766; facsimile 805-644-3958).
    For information on units CA 20 through CA 27, contact Kevin Clark, 
Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Rd., Carlsbad, CA 
92009 (telephone 760-431-9440).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other

[[Page 75609]]

interested parties concerning this proposed rule are hereby solicited. 
Comments are particularly sought concerning:
    (1) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by section 4 of the Act, including 
whether the benefit of designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the amount and distribution of western 
snowy plover habitat, and what habitat features and areas are essential 
to the conservation of the species and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic or other potential impacts resulting 
from the proposed designation and, in particular, any impacts on small 
entities; and
    (5) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    (6) Comments or information as to whether further clarity or 
specificity of the Primary Constituent Elements is necessary;
    (7) Some of the lands we have identified as containing habitat 
features essential for the conservation of the Pacific coast population 
of the western snowy plover are being considered for exclusion from the 
final designation of critical habitat or are not included in this 
proposed designation. We specifically solicit comment on the possible 
inclusion or exclusion of such areas and:
    (a) Whether these areas contain essential habitat features;
    (b) Whether these, or other areas proposed but not specifically 
addressed in this proposal, warrant exclusion; and
    (c) Relevant factors that should be considered by us when 
evaluating the basis for not designating these areas as critical 
habitat under section 4(b)(2) of the Act).
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES 
section). Please submit electronic comments to [email protected] in 
ASCII file format and avoid the use of special characters or any form 
of encryption. Please also include ``Attn: Western snowy plover'' in 
your e-mail subject header and your name and return address in the body 
of your message. If you do not receive a confirmation from the system 
that we have received your Internet message, contact us directly by 
calling our Sacramento Fish and Wildlife Office at phone number 916-
414-6600. Please note that the e-mail address [email protected] will be 
closed out at the termination of the public comment period.
    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 addresses from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
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 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. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

Designation of Critical Habitat Provides Little Additional Protection 
to Species

    In 30 years of implementing the Act, the Service has found that the 
designation of statutory critical habitat provides little additional 
protection to most listed species, while consuming significant amounts 
of available conservation resources. The Service's present system for 
designating critical habitat has evolved since its original statutory 
prescription into a process that provides little real conservation 
benefit, is driven by litigation and the courts rather than biology, 
limits our ability to fully evaluate the science involved, consumes 
enormous agency resources, and imposes huge social and economic costs. 
The Service believes that additional agency discretion would allow our 
focus to return to those actions that provide the greatest benefit to 
the species most in need of protection.

Role of Critical Habitat in Actual Practice of Administering and 
Implementing the Act

    While attention to and protection of habitat is paramount to 
successful conservation actions, we have consistently found that, in 
most circumstances, the designation of critical habitat is of little 
additional value for most listed species, yet it consumes large amounts 
of conservation resources. Sidle (1987) stated, ``Because the Act can 
protect species with and without critical habitat designation, critical 
habitat designation may be redundant to the other consultation 
requirements of section 7.'' Currently, only 445 species or 36 percent 
of the 1,244 listed species in the U.S. under the jurisdiction of the 
Service have designated critical habitat. We address the habitat needs 
of all 1,244 listed species through conservation mechanisms such as 
listing, section 7 consultations, the Section 4 recovery planning 
process, the Section 9 protective prohibitions of unauthorized take, 
Section 6 funding to the States, and the Section 10 incidental take 
permit process. The Service believes that it is these measures that may 
make the difference between extinction and survival for many species.
    We note, however, that a recent 9th Circuit judicial opinion, 
Gifford Pinchot Task Force v. United States Fish and Wildlife Service, 
has invalidated the Service's regulation defining destruction or 
adverse modification of critical habitat. We are currently reviewing 
the decision to determine what effect it may have on the outcome of 
consultations pursuant to section 7 of the Act.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits for our failure to designate 
critical habitat, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected the Service to an ever-increasing series of court orders and 
court-approved settlement agreements, compliance with which now 
consumes nearly the entire listing program budget. This leaves the 
Service with little ability to prioritize its activities to direct 
scarce listing resources to the listing program actions with the most 
biologically urgent species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits, to respond to 
Notices of Intent (NOIs) to sue relative to critical habitat, and to 
comply with the growing number of adverse court orders. As a result of 
this consequence, listing petition responses, the Service's own 
proposals to list critically imperiled species, and final listing 
determinations on existing proposals are all significantly delayed.
    The accelerated schedules of court-ordered designations have left 
the Service with almost no ability to

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provide for adequate public participation or to ensure a defect-free 
rulemaking process before making decisions on listing and critical 
habitat proposals due to the risks associated with noncompliance with 
judicially imposed deadlines. This situation in turn fosters a second 
round of litigation in which those who fear adverse impacts from 
critical habitat designations challenge those designations. The cycle 
of litigation appears endless, is very expensive, and in the final 
analysis provides relatively little additional protection to listed 
species.
    The costs resulting from the designation include legal costs, the 
costs of preparation and publication of the designation, the analysis 
of the economic effects and the costs of requesting and responding to 
public comments, and, in some cases, the costs of compliance with 
National Environmental Policy Act. None of these costs result in any 
benefit to the species that is not already afforded by the protections 
of the Act enumerated earlier, and these associated costs directly 
reduce the scarce funds available for direct and tangible conservation 
actions.

Background

    The western snowy plover (Charadrius alexandrinus nivosus), one of 
two subspecies of snowy plover to nest in North America, is a small 
shorebird with pale brown to gray upperparts, gray to black legs and 
bill, and dark patches on the forehead, behind the eyes, and on either 
side of the upper breast (Page et al. 1995a). The species was first 
described in 1758 by Linnaeus (American Ornithologists' Union 1957). 
The Pacific coast population distinct population segment of the western 
snowy plover (Pacific Coast WSP) is defined as those individuals 
nesting adjacent to tidal waters of the Pacific Ocean, and includes all 
nesting birds on the mainland coast, peninsulas, offshore islands, 
adjacent bays, estuaries and coastal rivers. For a more complete 
discussion of the ecology and life history of this population, please 
see the final rule for listing the Pacific Coast WSP as a threatened 
species, which was published in the Federal Register on March 5, 1993 
(58 FR 12864), and the previously published final rule designating 
critical habitat for this population segment, which was published on 
December 7, 1999 (64 FR 68508).
    Pacific Coast WSPs typically forage for small invertebrates in wet 
or dry beach sand, tide-cast kelp, low foredune vegetation, and near 
water seeps in salt pans. Prey species include mole crabs (Emerita 
analoga), crabs (Pachygrapsus crassipes), polychaete worms (Neridae, 
Lumbrineris zonata, etc.), amphipods (Corophium spp., etc.), sand 
hoppers (Orchestoidea), flies (Ephydridae, Dolichopodidae), and beetles 
(Carabidae, etc.). Accordingly, beach cleaning activities that remove 
kelp and rake sand can harm plover foraging success (Page et al. 
1995a;).
    The Pacific Coast WSP breeds primarily on coastal beaches from 
southern Washington to southern Baja California, Mexico. This habitat 
is variable because of unconsolidated soils, high winds, storms, wave 
action, and colonization by plants. Sand spits, dune-backed beaches, 
beaches at creek and river mouths, and salt pans at lagoons and 
estuaries are the preferred habitats for nesting plovers (Wilson 1980; 
Stenzel et al. 1981). Additional western snowy plover nesting habitats 
include bluff-backed beaches, dredged material disposal sites, salt 
pond levees, dry salt ponds, and river bars (Wilson 1980; Page and 
Stenzel 1981; Powell et al. 1996; Tuttle et al. 1997).
    The breeding season for Pacific Coast WSPs extends from early March 
to late September with birds at more southerly locations nesting 
earlier in the season than birds located farther north (Page et al. 
1995a). Males establish nesting territories from which they advertise 
for mates using calls and behavioral displays. Territory sizes can vary 
from about 0.1 to 1.0 ha (0.25 to 2.5 ac) at interior sites (Page et 
al. 1995a). A study of coastal plovers found a maximum territory size 
of 0.5 ha (1.2 ac) in coastal salt pan habitat, but speculated that 
beach territories may have been larger (Warriner et al. 1986). After 
pair formation, both sexes defend the nesting territory from other 
plovers. The purpose of such defense is apparently unrelated to 
protection of food resources within the territory, since both sexes 
frequently forage in non-territorial areas up to 8 km (5 mi) from the 
nest when not incubating, and since the chicks and attending adults 
typically leave the nesting territory shortly after hatching (Page et 
al. 1995a).
    Clutches normally consist of three eggs laid in a shallow 
depression scraped in the sand by the male. Such ``nests'' are 
typically located in open flat areas, often near some conspicuous 
feature such as a piece of driftwood (Page and Stenzel 1981, Page et 
al. 1995a). They are usually located within 100 m (328 ft) of the 
shore, but may be farther where shore access remains unblocked by dense 
vegetation (Page and Stenzel 1981, Page et al. 1995a). Pacific Coast 
WSPs also tend to nest in relatively higher densities near fresh water 
or brackish wetlands such as river mouths, estuaries, and tidal marshes 
(Page and Stenzel 1981). They use these areas both as foraging sites, 
and in the case of freshwater sources, for drinking water (Page and 
Stenzel 1981, Page et al. 1995a). They may also be capable of 
functioning for long-periods without fresh water by subsisting on water 
obtained from insect prey (Purdue 1976, Page et al. 1995a).
    Both sexes incubate the eggs, but females often desert the chicks 
approximately one week after hatching (Warriner et al. 1986, Page et 
al. 1995a). This allows the females to nest up to three times in a 
season, particularly in more southern areas where nesting seasons are 
longer in duration. Males typically stay with the chicks until they 
fledge (take their first flight) about 30 days after hatching. Newly 
hatched chicks are capable of running and foraging almost immediately; 
from this point parental behavior consists of defending chicks from 
other plovers, brooding them in cold weather, leading them to suitable 
feeding areas, and warning of approaching predators. Adults may also 
employ distraction displays to lead predators away from their young 
(Page et al. 1995a).
    After their first chicks fledge, males may attempt to raise a new 
brood of chicks with a new partner. Both sexes will also readily 
attempt to raise new chicks if they lose an entire clutch of eggs or 
brood of chicks, assuming enough time remains in the nesting season 
(Page et al. 1995a). Both clutches and broods may be lost due to 
predators, tides and storms, and human recreational activities. 
Examples of the latter include both repeated flushings of nesting 
plovers and direct damage to nests or to young, resulting from humans, 
dogs, horses or vehicles that either approach plover nests too closely 
or actually overrun plovers and nests. (Service 1993, Ruhlen et al. 
2003).
    Small changes in the adult survival rate can have relatively large 
effects on population stability (Nur et al. 1999), so the maintenance 
of quality overwintering habitat is important to conservation. In 
western North America, both coastal and inland-nesting western snowy 
plovers winter along the coast (Page et al. 1995a). Some coastal 
plovers migrate up or down the coast to wintering locations, while 
others remain at their nesting beaches. Coastal individuals may also 
migrate some years and not others (Warriner et al. 1986, Page et al. 
1995a). Wintering birds use many of the beaches used for nesting, but 
will also winter at several beaches

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where nesting does not occur (Stenzel in litt. 2004, Page in litt. 
2004). They also visit human-made salt ponds, and estuarine sand and 
mud flats (Page et al. 1986). Because coastal plovers can switch from 
being migratory to non-migratory (Warriner et al. 1986), they have the 
option of staying to nest at a hospitable wintering location. Sites 
that have historically supported nesting, but which currently only 
support wintering plovers, therefore have the potential to attract new 
nesters relatively quickly if appropriate management renders such areas 
suitable for nesting once again. This has been successfully carried out 
at Coal Oil Point and Hollywood Beach in southern California (M. 
McCrary, U.S. Fish and Wildlife Service, in litt. 2004). Such 
management successes are important to conservation, since the loss of 
numerous historical nesting sites was a major consideration in their 
original listing (Service 1993).

Previous Federal Actions

    For a discussion of previous Federal actions regarding the Pacific 
coast population of the western snowy plover, please see the December 
7, 1999, final rule to designate critical habitat for the Pacific coast 
population of the western snowy plover (64 FR 68508). That rule was 
remanded and partially vacated by the United States District Court for 
the District of Oregon on July 2, 2003, in order to conduct a new 
analysis of economic impacts (Coos County Board of County Commissioners 
et. al. v. Department of the Interior et al., CV 02-6128, M. Hogan). 
The court set a deadline of December 1, 2004, for submittal of a new 
proposed critical habitat designation to the Federal Register. The 
court-established deadline for submittal of the final designation is 
September 20, 2005.
    In August 2002 we received a petition to delist the Pacific Coast 
WSP from the Surf Ocean Beach Commission of Lompoc, California. The 
City of Morro Bay submitted substantially the same petition dated May 
30, 2003. On March 22, 2004, we published a notice that the petition 
presented substantial information to indicate that delisting may be 
warranted (69 FR 13326). We are currently conducting both a 12-month 
and a 5-year status review of the population under sections 4(b)(3)(B) 
and 4(c)(2) of the Act.
    This proposal relies upon the best scientific and commercial data 
available to us, including the biological and habitat information 
described in the previous final rules, and recognized principles of 
conservation biology. Accordingly, this proposal differs from the 
previous critical habitat designation for the Pacific Coast WSP and 
includes only those areas we currently consider to have habitat 
features most essential to the conservation of the species.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures that are 
necessary to bring an endangered or a threatened species to the point 
at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 requires consultation on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat. The designation of critical habitat 
does not affect land ownership or establish a refuge, wilderness, 
reserve, preserve, or other conservation area. Such designation does 
not allow government or public access to private lands.
    To be included in a critical habitat designation, the habitat 
within the area occupied by the species must first have features that 
are ``essential to the conservation of the species.'' Critical habitat 
designations identify, to the extent known using the best scientific 
and commercial data available, habitat areas that provide essential 
life cycle needs of the species (i.e., areas on which are found the 
primary constituent elements, as defined at 50 CFR 424.12(b)). If an 
area occupied by the species is designated it is because the primary 
constituent elements area currently present in sufficient quantity and 
quality to assure biological function.
    Occupied habitat may be included in critical habitat only if the 
essential features thereon may require special management or 
protection. Thus, we do not include areas where existing management is 
sufficient to conserve the species. (As discussed below, such areas may 
also be excluded from critical habitat pursuant to section 4(b)(2).)
    Our regulations state that, ``The Secretary shall designate as 
critical habitat areas outside the geographical area presently occupied 
by a species only when a designation limited to its present range would 
be inadequate to ensure the conservation of the species'' (50 CFR 
424.12(e)). Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species so require, we will not designate critical habitat in areas 
outside the geographic area occupied by the species.
    The Service's Policy on Information Standards Under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (59 FR 
34271), and Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) 
and the associated Information Quality Guidelines issued by the 
Service, provide criteria, establish procedures, and provide guidance 
to ensure that decisions made by the Service represent the best 
scientific and commercial data available. They require Service 
biologists to the extent consistent with the Act and with the use of 
the best scientific and commercial data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat. When determining which areas are critical 
habitat, a primary source of information is generally the listing 
package for the species. Additional information sources include the 
recovery plan for the species, articles in peer-reviewed journals, 
conservation plans developed by States and counties, scientific status 
surveys and studies, biological assessments, or other unpublished 
materials and expert opinion or personal knowledge. All information is 
used in accordance with the provisions of the Data Quality Act.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of what we know at the time of designation. Habitat is often 
dynamic, and species may move from one area to another over time. 
Furthermore, we recognize that designation of critical habitat may not 
include all of the habitat areas that may eventually be determined to 
be necessary for the recovery of the species. For these reasons, 
critical habitat designations do not signal that habitat outside the 
designation is unimportant or may not be required for recovery.
    Areas that support populations, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions implemented under section 7(a)(1) of the Act and to

[[Page 75612]]

the regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available information 
at the time of the action. Federally funded or permitted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome.

Methods

    As required by section 4(b)(2) of the Act and regulations at 50 CFR 
424.12, we used the best scientific data available in determining the 
areas that contain habitat features essential to the conservation of 
the Pacific Coast WSP. Data sources include research published in peer-
reviewed articles; previous Service documents on the species, including 
the original critical habitat designation (Service 1999) and final 
listing determination (Service 1993); numerous surveys; and aerial 
photographs and GIS mapping information from State sources and in our 
files.
    Our first step was to identify those areas occupied by the Pacific 
Coast WSP at the time of listing. The second step was to identify, in 
accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 
424.12, the physical and biological habitat features (also called 
primary constituent elements, or PCEs) at those sites that are 
essential to the conservation of the species. We have mapped critical 
habitat unit boundaries at each site based on the extent of habitat 
containing sufficient PCEs to support biological function.
    The mapping itself was the third step, while the fourth and final 
step was to exclude certain units based on sections 4(a)(3), 3(5)(a), 
and 4(b)(2) of the Act (see Exclusions section below). We discuss each 
of these four steps more fully below.

Criteria Used To Identify Critical Habitat

    To identify sites containing habitat features most essential to the 
conservation of the Pacific Coast WSP (as defined above in our Methods 
section), we applied the following three criteria:
    (1) Our first criterion for critical habitat unit selection was to 
choose sites in a geographic region capable of supporting the most 
breeding plovers. Where appropriate, we adjusted our estimates of the 
number of breeding birds a site could support according to additional 
information supplied by surveys and by local species and habitat 
experts.
    (2) We added any major, currently occupied wintering sites not 
already selected under criterion one. This is necessary to provide 
sufficient habitat for the survival of breeding birds during the non-
breeding season. A ``major'' wintering site must at least support more 
wintering birds than average for the geographical region.
    (3) Finally, we added any additional occupied sites that provide 
unique habitat, or that are situated to facilitate genetic interchange 
between otherwise widely separated units. This criterion is based on 
standard conservation biology principles for the conservation of rare 
and endangered animals and their habitats (Shaffer 1981, 1987, 1995; 
Fahrig and Merriam 1985; Gilpin and Soule 1986; Goodman 1987a, 1987b; 
Stacey and Taper 1992; Mangel and Tier 1994; Lesica and Allendorf 1995; 
Fahrig 1997; Noss and Csuti 1997; Huxel and Hastings 1998; Redford and 
Richter 1999; Debinski and Holt 2000; Sherwin and Moritz 2000; Grosberg 
2002; Noss et al. 2002). By protecting a variety of habitats and 
facilitating genetic interchange between them, we increase the ability 
of the species to adjust to various limiting factors that affect the 
population, such as predators, disease, major storms, and inbreeding.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, we are required to base critical habitat determinations 
on the best scientific and commercial data available and to consider 
those physical and biological features (primary constituent elements 
(PCEs)) that are essential to the conservation of the species, and that 
may require special management considerations and protection. These 
include, but are not limited to: 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, and rearing (or development) of 
offspring; and habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of a species.
    Our determination of the primary constituent elements for the 
Pacific Coast WSP is based on the biological needs of the population, 
and on the relationship of those needs to the population's habitat, as 
indicated and summarized below by the best scientific data available.

Space for Individual and Population Growth and Normal Behavior

    Pacific Coast WSPs establish nesting territories, but these can 
vary widely in size and do not provide sufficient habitat for foraging 
(see Background section above). Critical habitat must therefore extend 
beyond nesting territories to include space for foraging and water 
requirements during the nesting season, space for overwintering.

Food and Water

    Pacific Coast WSPs typically forage in open areas by locating prey 
visually and then running to seize it with their beaks (Page et al. 
1995a). They may also probe in the sand for burrowing invertebrates, or 
charge flying insects that are resting on the ground, snapping at them 
as they flush. Accordingly they need open areas in which to forage, to 
facilitate both prey location and capture. Deposits of tide-cast wrack 
such as kelp or driftwood tend to attract certain invertebrates, and so 
provide important foraging sites for plovers (Page et al. 1995a). 
Plovers forage both above and below high tide, but not while those 
areas are underwater. Foraging areas will therefore typically be 
limited by water on their shoreward side, and by dense vegetation or 
development on their landward sides.
    Coastal plovers use sites of fresh water for drinking where 
available, but some historic nesting sites, particularly in southern 
California, have no obvious nearby freshwater sources. Adults and 
chicks in those areas must be assumed to obtain their necessary water 
from the food they eat. Accordingly we have not included freshwater 
sites among the primary constituent elements of the population.

Reproduction and Rearing of Offspring

    Pacific Coast WSPs nest in depressions in open, relatively flat 
areas, near to tidal waters but far enough away to avoid being 
inundated by daily tides. Typical substrate is beach sand, but plovers 
may also lay their eggs in existing depressions in harder ground such 
as salt pan, cobblestones or dredge tailings. Where available, dune 
systems with numerous flat areas and easy access to the shore are 
particularly favored for nesting. Plover nesting areas must provide 
shelter from predators and human disturbance, as discussed below. 
Unfledged chicks forage with one or both parents, using the same 
foraging areas and behaviors as adults.

[[Page 75613]]

Cover or Shelter

    Plovers and their eggs are well camouflaged against light colored, 
sandy or pebbly backgrounds (Page et al. 1995a), so open areas with 
such substrates actually constitute shelter for purposes of nesting and 
foraging. Such areas provide little cover to predators, and allow 
plovers to fully utilize their camouflage and running speed. Chicks may 
also crouch near driftwood, dune plants and piles of kelp to hide from 
predators (Page and Stenzel 1981). Open areas do not provide shelter 
from winds and storms, however, and these cause many nest losses, along 
with extreme high tides. Plovers readily scrape blown sand out of their 
nests, but there is little they can do to protect their nests against 
serious storms or flooding other than to attempt to lay a new clutch if 
the old one is lost (Page et al. 1995a).
    No studies have quantified the amount of vegetation cover that 
would make an area unsuitable for nesting or foraging, but coastal 
nesting and foraging locations typically have relatively well-defined 
boundaries between open sandy substrate favorable to plovers and 
unfavorably dense vegetation inland. Such bounds show up well in aerial 
and satellite photographs, which we used to map essential habitat 
features.

Undisturbed Areas

    Disturbance of nesting or brooding plovers by humans and domestic 
animals is a major factor affecting nesting success. Plovers leave 
their nests when humans or pets approach too closely. Dogs may also 
deliberately chase plovers and trample nests, while vehicles may 
directly crush adults, chicks or nests, separate chicks from brooding 
adults, and interfere with foraging (Warriner et al. 1986, Service 
1993, Ruhlen et al. 2003). Repeated flushing of incubating plovers 
exposes the eggs to the weather and deplete energy reserves needed by 
the adult, which may result in reductions to nesting success. Surveys 
at Vandenberg Air Force Base, California, from 1994 to 1997, found the 
rate of nest loss on southern beaches to be consistently higher than on 
north beaches (where recreational use was much lower) (Persons and 
Applegate 1997). Ruhlen et al. (2003) found that increased human 
activities on Point Reyes beaches resulted in a lower chick survival 
rate. Recent efforts in various areas have been implemented to isolate 
nesting plovers from recreational beach users through the use of 
docents, symbolic fencing, and public outreach have correlated with 
higher nesting success in those areas (Page, et al. 2003 (summer 93 
survey), Palermo 2004).

List of Primary Constituent Elements

    The primary constituent elements for the Pacific Coast WSP habitat 
include:
    (1) Sparsely vegetated areas above daily high tides (such as sandy 
beaches, dune systems immediately inland of an active beach face, salt 
flats, seasonally exposed gravel bars, dredge spoil sites, artificial 
salt ponds and adjoining levees) that are relatively undisturbed by the 
presence of humans, pets, vehicles or human-attracted predators 
(essential for reproduction, food, shelter from predators, protection 
from disturbance, and space for growth and normal behavior).
    (2) Sparsely vegetated sandy beach, mud flats, gravel bars or 
artificial salt ponds subject to daily tidal inundation but not 
currently under water, that support small invertebrates such as crabs, 
worms, flies, beetles, sand hoppers, clams, and ostracods (essential 
for food).
    (3) Surf or tide-cast organic debris such as seaweed or driftwood 
located on open substrates such as those mentioned above (essential to 
support small invertebrates for food, and to provide shelter from 
predators and weather for reproduction).
    All areas proposed as critical habitat for the Pacific Coast WSP 
were occupied by the species at the time of listing and contain 
sufficient primary constituent elements to support essential biological 
function.

Unoccupied Areas Identified for Possible Inclusion

    The Act has different standards for designation of critical habitat 
in occupied and unoccupied habitat. For areas occupied by the species, 
these are: --(i) The specific areas on which are found those physical 
or biological features essential to the conservation of the species and 
that may require special management considerations or protection. For 
areas not occupied, a determination is required that the entire area is 
essential for the conservation of the species before it can be included 
in critical habitat. Congress has also cautioned the Service to be 
``exceedingly circumspect'' in designating unoccupied habitat.
    Because Congress has directed us to be exceedingly circumspect in 
including unoccupied areas in critical habitat designations, we are 
identifying some areas which are currently unoccupied or were 
unoccupied at the time of listing, and requesting comment on whether 
they should be included in the designation. We seek comment on whether 
all, only a portion, or none of the unoccupied areas identified are 
essential to the conservation of the population. Areas not being 
proposed due to lack of occupancy are identified as such in the Unit 
Descriptions and Map sections. Those areas are: WA 1, OR 1A, OR 1B, OR 
2, OR 4, OR 5A, OR 5B, OR 6, OR 8C, OR 10B, OR 10C, OR 11, OR 12, and 
CA 11A.

Mapping

    Our mapping process was based on the need to exclude areas that 
lack PCEs, while simultaneously accounting for the dynamic nature of 
beach habitat, and of the second PCE above. Our mapping process also 
allowed us to provide a reasonable level of certainty to landowners 
regarding the location of unit boundaries relative to private lands.
    We used Geographic Information Systems (GIS) software to establish 
landward bounds for those breeding and wintering sites that meet the 
criteria listed above. We drew the landward bounds so as to exclude 
habitat lacking PCEs, as determined using the most recent digital 
orthorectified aerial photographs available. Since most private land is 
located near the landward bounds, and since the landward side of the 
unit is likely to change less over time than other sides, we set the 
landward bounds to remain fixed in place, defined by the UTM NAD 27 
coordinates of their vertices and endpoints (UTM NAD 27 stands for 
``Universal Transverse Mercatur, North American Datum 1927,'' and is a 
convention for projecting points of the globe onto a two-dimensional 
map).
    We defined the seaward bounds of each unit according to mean low 
water (MLW) (including waters of the Pacific Ocean proper, as well as 
of bays, estuaries and rivers where water level is significantly 
influenced by the tides). For purposes of estimating unit sizes, we 
approximated MLW in California using the most recent GIS projection of 
mean high water (MHW). We chose MHW because it is the only 
approximation of the coastline currently available in GIS format. We 
were unable to obtain recent GIS maps of MHW or MLW for Oregon and 
Washington; therefore, we approximated MLW for units in those States 
based on aerial photographs.
    When determining proposed critical habitat boundaries, we made 
every effort to avoid proposing the designation of developed areas such 
as buildings, paved areas, boat ramps and other structures that lack 
sufficient PCEs to support essential biological functions of the 
species as well as areas affected by

[[Page 75614]]

the use of the structure. Any such structures inadvertently left inside 
proposed critical habitat boundaries are not considered part of the 
proposed unit. This also applies to the land on which such structures 
sit directly. Therefore, Federal actions limited to these areas would 
not trigger section 7 consultations, unless they affect the species 
and/or primary constituent elements in adjacent critical habitat.

Special Management Considerations or Protections

    When designating critical habitat, we assess whether the areas 
determined to contain habitat features essential for conservation may 
require special management considerations or protections. The threats 
affecting the continued survival and recovery of the Pacific Coast WSP 
within each of the proposed critical habitat units and that may require 
special management are described in the critical habitat unit 
descriptions that follow. Primary threats requiring special management 
considerations include disturbance of nesting or foraging plovers by 
humans, vehicles, and domestic animals, high levels of predation on 
eggs and young, and loss of habitat due to development and encroachment 
of dune-stabilizing vegetation such as European beachgrass (Ammophila 
arenaria) (Service 1993).
    The areas proposed for designation as critical habitat will require 
some level of management and/or protection to address the current and 
future threats to the Pacific Coast WSP and maintain the primary 
constituent elements essential to its conservation in order to ensure 
the overall conservation of the species. The designation of critical 
habitat does not imply that lands outside of critical habitat do not 
play an important role in the conservation of the plover. Federal 
activities that may affect those unprotected areas outside of critical 
habitat are still subject to review under section 7 of the Act if they 
may affect the plover. The prohibitions of section 9 (e.g., harm, 
harass, capture) also continue to apply both inside and outside of 
designated critical habitat.

Proposed Critical Habitat Designation

    The areas we are proposing as critical habitat currently provide 
all of those habitat components necessary to meet the primary 
biological needs of the Pacific Coast WSP, as defined by the primary 
constituent elements. The areas proposed for designation are those 
areas most likely to substantially contribute to conservation of the 
Pacific Coast WSP, which when combined with future management of 
certain habitats suitable for restoration efforts, will contribute to 
the long-term survival and recovery of the species.
    We are proposing 35 units in Washington, Oregon, and California as 
critical habitat for the Pacific Coast WSP. All these units are within 
the range occupied by the species, and constitute our best assessment 
at this time of the areas containing habitat features essential for the 
conservation of the Pacific Coast WSP. The approximate area encompassed 
within each proposed critical habitat unit is shown in Table 3, below.

    Table 1.--Approximate Area Excluded From Proposed Critical Habitat for the Pacific Coast WSP Pursuant to
                                Sections 3(5)(A), 4(a)(3) and 4(b)(2) of the Act
----------------------------------------------------------------------------------------------------------------
              Location                       Size            Basis of exclusion    Applicable section of the act
----------------------------------------------------------------------------------------------------------------
San Nicholas Island, Ventura         524 ac                INRMP*...............  4(a)(3).
 County, CA. 1 unit.                 (212 ha)
------------------------------------
Salinas River National Wildlife      142 ac                CCP*.................  4(b)2 and 3(5)(a).
 Refuge, Monterey County, CA. Part   (57 ha)
 of one unit.
---------------------------------------------------------------------------------
Guadalupe/Nipomo Dunes National      235 ac                Plover mgt plan with
 Wildlife Refuge, San Luis Obispo    (95 ha)                section 7
 County, CA. Part of one unit.                              consultation.
---------------------------------------------------------------------------------
San Diego, CA. One subunit.........  23 ac                 HCP*.................
                                     (9 ha)
------------------------------------
Marine Corps Base Camp Pendleton,    507 ac                Use of area for        4(b)(2) alone.
 San Diego County, CA. 2 subunits.   (205 ha)               military training.
----------------------------------------------------------
Naval Amphibious Base, Coronado,     144 ac
 San Diego County, CA. 1 subunit.    (58 ha)
------------------------------------
San Francisco Bay, CA. 6 subunits    1,847 ac              Multi-agency mgt plan  ..............................
 totaling.                           (747 ha)               in preparation.
                                    -----------------------
    Total Excluded Area............  3,422 ac
                                     1,385 (ha)
----------------------------------------------------------------------------------------------------------------
*INRMP: Integrated Natural Resource Management Plan.
**CCP: Comprehensive Conservation Plan.
***HCP: Habitat Conservation Plan.


 Table 2.--Approximate Area of All Locations Fitting the Criteria Defined Above and Supporting Habitat Features
  Essential to Conservation (first column). These Locations Are Broken Down According to: Unoccupied Areas Not
   Proposed (second column); Excluded Areas (third column); and Proposed Critical Habitat Area for the Pacific
                                            Coast WSP (fourth column)
----------------------------------------------------------------------------------------------------------------
                                         Unoccupied areas not                            Total proposed critical
    Areas with essential features              proposed              Excluded areas              habitat
----------------------------------------------------------------------------------------------------------------
22,359 (9,048 ha)....................  1,638 ac (663 ha)......  3,422 ac (1,385 ha)....  17,299 ac (7,001 ha).
----------------------------------------------------------------------------------------------------------------


[[Page 75615]]


                                           Table 3.--Critical Habitat Units Proposed for the Pacific Coast WSP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           Total
                Unit                        Proposed?          Federal   State/    Private --------------------------------------------------------------------
                                                                          local               acres       ha       acres       ha       acres    ha  acres
----------------------------------------------------------------------------------------------------------------------------------------------- ---------------
                                                                   Washington
------------------------------------------------------------------------------------------------------------------------------------------------
WA 1. Copalis Spit.................  No.....................         0         0       446      180.5         0        0         446      180.5
WA 2. Damon Pt, Oyhut..............  Yes....................         0         0       908      368           0        0         908      368
WA 3. Midway Beach.................  Yes....................         0         0       266      108         520      210         786      318
WA 4. Leadbetter Pt................  Yes....................       270       109       627      254         172       70       1,069      433
                                    ==========================
    Subtotal.......................  .......................       270       109     1,801      729         692      280       2,763    1,118
------------------------------------
                                                                     Oregon
------------------------------------------------------------------------------------------------------------------------------------------------
OR 1. Clatsop Spit:
    OR 1A. Columbia River Spit.....  No.....................        65      26.3         0        0           0        0          65       26.3
    OR 1B. Necanicum River Spit....  No.....................         0         0        78       31.6         0        0          78       31.6
OR 2. Nehalem River Spit...........  No.....................         0         0       145       58.7         0        0         145       58.7
OR 3. Bayocean Spit................  Yes....................        85        34       122       49           0        0         207       84
OR 4. Netarts Spit.................  No.....................         0         0       143       57.9         0        0         143       57.9
OR 5. Sand Lake:
    OR 5A. Sand Lake North.........  No.....................         0         0        38       15.4         0        0          38       15.4
    OR 5B. Sand Lake South.........  No.....................         0         0         0        0         104       42.1       104       42.1
OR 6. Nestucca River Spit..........  No.....................         0         0       147       59.5         0        0         147       59.5
OR 7. Sutton/Baker Beaches.........  Yes....................       260       105         0        0           0        0         260      105
OR 8. Siltcoos to Tenmile:
    OR 8A. Siltcoos River Spit.....  Yes....................       188        76         0        0           0        0         188       76
    OR 8B. Dunes Overlook/           Yes....................       375       152         0        0           0        0         375      152
     Tahkenitch Creek Spit.
    OR 8C. N Umpqua River Spit.....  No.....................        74      29.9        37       15           0        0         111       44.9
    OR 8D. Tenmile Creek Spit......  Yes....................       235        95         0        0           0        0         235       95
OR 9. Coos Bay N Spit..............  Yes....................       278       113         0        0           0        0         278      113
OR 10. Bandon/Cape Blanco:
    OR 10A. Bandon to Floras Lk....  Yes....................       321       130       196       79         163       66         680      275
    OR 10B. Sixes River Spit.......  No.....................         0         0        73       29.5         0        0          73       29.5
    OR 10C. Elk River Spit.........  No.....................         0         0         0        0          88       35.6        88       35.6
OR 11. Euchre Creek Spit...........  No.....................         0         0         0        0          75       30.4        75       30.4
OR 12. Pistol River Spit...........  No.....................         0         0       116       46.9         0        0         116       46.9
                                    ==========================
        Subtotal...................  .......................     1,742       705       318      129         163       66       2,223      900
------------------------------------
                                                                   California
------------------------------------------------------------------------------------------------------------------------------------------------
CA 1. Lake Earl....................  Yes....................         0         0        13        5          78       32          91       37
CA 2. Big Lagoon...................  Yes....................         0         0       280      113           0        0         280      113
CA 3. McKinleyville Area:
    CA 3A. Clam Beach/Little Riv...  Yes....................         0         0       131       53          24       10         155       63
    CA 3B. Mad River...............  Yes....................         0         0       161       65         217       88         377      153
CA 4. Eel River Area:
    CA 4A. Humboldt Bay, S Spit....  Yes....................        20         8       354      143           0        0         375      152
    CA 4B. Eel Riv N Spit/Beach....  Yes....................         0         0       278      112           5        2         283      114
    CA 4C. Eel Riv S Spit/Beach....  Yes....................         0         0         4        2         397      161         402      163
    CA 4D. Eel River Gravel Bars...  Yes....................         0         0       255      103         938      379       1,193      483
CA 5. MacKerricher Beach...........  Yes....................         0         0     1,017      412          31       13       1,048      424
CA 6. Manchester Beach.............  Yes....................         0         0       336      136           5        2         341      138
CA 7. Dillon Beach.................  Yes....................         0         0         0        0          30       12          30       12
CA 8. Pt Reyes Beach...............  Yes....................       462       187         0        0           0        0         462      187
CA 9. Limantour Spit...............  Yes....................       124        50         0        0           0        0         124       50
CA 10. Half Moon Bay...............  Yes....................         0         0        37       15           0        0          37       15
CA 11. Santa Cruz Coast:
    CA 11A. Waddell Cr Beach.......  No.....................         0         0       8.1        3.3       1.3        0.5       9.3        3.8
    CA 11B. Scott Cr. Beach........  Yes....................         0         0         0        0          19        8          19        8
    CA 11C. Wilder Cr. Beach.......  Yes....................         0         0        10        4           0        0          10        4
CA 12. Monterey Bay Beaches:
    CA 12A. Jetty Rd to Aptos......  Yes....................         0         0       272      110           0        0         272      110
    CA 12B. Elkhorn Sl Mudflat.....  Yes....................         0         0       281      114           0        0         281      114
    CA 12C. Monterey--Moss Lnd.....  Yes....................        10         4       792      321           0        0         803      325
CA 13. Pt Sur Beach................  Yes....................         0         0        61       25           0        0          61       25
CA 14. San Simeon Beach............  Yes....................         0         0        28       11           0        0          28       11
CA 15. Estero Bay Beaches:
    CA 15A. Villa Cr Beach.........  Yes....................         0         0        17        7           0        0          17        7
    CA 15B. Atascadero Beach.......  Yes....................         0         0       144       58           0        0         144       58
    CA 15C. Morro Bay Beach........  Yes....................         0         0       611      247           0        0         611      247
CA 16. Pismo Beach/Nipomo..........  Yes....................         0         0       770      312         499      202       1,269      513

[[Page 75616]]

 
CA 17. Vandenberg
    CA 17A. Vandenberg North.......  Yes....................       626       253         0        0           0        0         626      253
    CA 17B. Vandenberg South.......  Yes....................       304       123         0        0           0        0         304      123
CA 18. Devereaux Beach.............  Yes....................         0         0        36       15           0        0          36       15
CA 19. Oxnard Lowlands:
    CA 19A. Mandalay to Santa Clara  Yes....................         0         0       245       99         105       42         350      142
     R Mouth.
    CA 19B. Ormond Beach...........  Yes....................         0         0       203       82           0        0         203       82
    CA 19C. Mugu Lagoon N..........  Yes....................       321       130         0        0           0        0         321      130
    CA 19D. Mugu Lagoon S..........  Yes....................        69        28        18        7           0        0          87       35
CA 20. Zuma Beach..................  Yes....................         0         0        60       24           8        3          68       28
CA 21. Santa Monica Bay:
    CA 21A. Santa Monica Beach.....  Yes....................         0         0         6        2          19        8          25       10
    CA 21B. Dockweiler N...........  Yes....................         0         0        43       17           0        0          43       17
    CA 21C. Dockweiler S...........  Yes....................         0         0        13        5          11        5          24       10
    CA 21D. Hermosa Beach..........  Yes....................         0         0        10        4           0        0          10        4
CA 22. Bolsa Chica Area:
    CA 22A. Bolsa Chica Reserve....  Yes....................         0         0         0        0         591      239         591      239
    CA 22B. Huntington St. Beach...  Yes....................         0         0         4        2           0        0           4        2
CA 23. Santa Ana River Mouth.......  Yes....................         0         0        12        5           1        0          13        5
CA 24. San Onofre St Beach.........  Yes....................         3         1        46       19           9        4          58       24
CA 25. Batiquitos Lagoon:
    CA 25A Batiquitos West.........  Yes....................         0         0        15        6           6        3          21        9
    CA 25B. Batiquitos Middle......  Yes....................         0         0        15        6           8        3          23        9
    CA 25C. Batiquitos East........  Yes....................         0         0         0        0          21        8          21        8
CA 26. Los Penasquitos.............  Yes....................         0         0        24       10           0        0          24       10
CA 27. S San Diego:
    CA 27A. North Island N.........  Yes....................       117        47         0        0           0        0         117       47
    CA 27B. North Island S.........  Yes....................        68        28         0        0           0        0          68       28
    CA 27C. Silver Strand..........  Yes....................        75        30        96       39           3        1         174       70
    CA 27D. Delta Beach............  Yes....................        85        35         0        0           0        0          85       35
    CA 27E. Sweetwater NWR.........  Yes....................        77        31         0        0          51       21         128       52
    CA 27F. Tijuana River Beach....  Yes....................        84        34        76       31          22        9         182       74
                                    ==========================
        Subtotal...................  .......................     2,444       989     6,774    2,741       3,095    1,253      12,313    4,983
                                    --------------------------
            Total..................  .......................     4,456     1,804     8,893    3,599       3,950    1,599      17,299    7,001
--------------------------------------------------------------------------------------------------------------------------------------------------------

Unit Descriptions

    The proposed units described below all contain habitat features 
essential for the conservation of the Pacific Coast WSP, as defined in 
the ``Primary Constituent Elements'' section above. All units are 
located within the range of the population, in the states of 
Washington, Oregon, and California. They are all considered currently 
occupied (with documented use by plovers since 2000), unless otherwise 
noted. Those units not currently occupied are considered essential to 
the conservation of the population for the reasons provided in the 
description.

Washington

WA 1, Copalis Spit, 446 ac (180.5 ha): (Unoccupied Area, Identified for 
Possible Inclusion)
    This is the northernmost unit in the range of the species. Copalis 
Spit is located along the central Washington coast, approximately 20 
miles (mi) (32.2 kilometers (km) northwest of Hoquiam. It is a 1.4 mi 
(2.25 km) long sand spit that is bounded on the landward side by the 
Copalis River. The unit consists of a long sandy beach with sparsely 
vegetated dunes that extend to the river, providing nesting and 
foraging opportunities as well as protection from the weather. The 
recent northward shift of Connor Creek washed out the beach access road 
at the southern end, effectively closing the area to motorized 
vehicles. Because of its relatively remote location, the area receives 
little human use. The spit historically supported 6 to 12 nesting pairs 
of plovers, but no use has been documented since 1984 (WDFW 1995). The 
unit is entirely within Griffith Priday State Park (WA State Parks). 
The primary threat to the unit at this time is erosion caused by the 
northward movement of Connor Creek. While this natural occurrence is 
limiting human use in the area, it has resulted in a gradual but steady 
decline in available habitat over the past 50 years. Habitat 
restoration (beachgrass eradication) would improve the likelihood for 
plovers to recolonize the site in the future.
WA 2, Damon Point/Oyhut Wildlife Area, 908 ac (368 ha)
    This unit is located at the southern end of the community of Ocean 
Shores and is a sandy spit that extends into Grays Harbor. Damon Point 
includes the following features essential to the conservation of the 
species: sandy beaches that are relatively undisturbed by human or 
tidal activity (nesting habitat), large expanses of sparsely vegetated 
barren terrain, and mudflats and sheltered bays that provide ample 
foraging areas. Research in the mid 1980's indicated that up to 20 
snowy plovers used the area for nesting. Plover use has declined 
somewhat over the past 20 years; currently between 6 and 9 adult birds 
use the site during the breeding season (average reproductive success 
at Damon is 1.5 chicks per male) (WDFW in litt. 2003). The conservation 
goal for WA 2 is 12 adult plovers. Approximately 99 percent of the 908-

[[Page 75617]]

acre unit is administered by the State (Washington Department of Fish 
and Wildlife--227 ac (92 ha); Washington State Parks--63.6 ac (25.7 
ha); and Washington Department of Natural Resources--605.6 ac (245.1 
ha)). The western edge of the unit lies adjacent to a municipal 
wastewater treatment facility that is managed by the City of Ocean 
Shores (9 ac (3.6 ha)). As with Copalis Spit, the access road has 
washed out and the area is currently inaccessible to motorized 
vehicles. The primary threats to plovers at this time are recreational 
use (pedestrians with dogs), habitat loss from European beachgrass, and 
potential re-opening of the vehicle access road.
WA 3, Midway Beach, 786 ac (318 ha)
    This unit is located between the community of Grayland and Willapa 
Bay and covers an area called Twin Harbors Beaches. Midway is an 
expansive beach and is nearly 0.5 mi (0.8 km) wide at the widest point. 
Beach accretion since 1998 has greatly improved habitat conditions, 
resulting in the re-establishment of a plover population at this site 
(WDFW in litt. 2000). Nearly half of the birds that nest and/or over-
winter at Midway were banded in Oregon or Humboldt County, California 
(WDFW in litt. 2003). Threats at Midway include motorized vehicles 
combined with a lack of enforcement of the wet sand driving 
restrictions and human activity on holiday weekends (e.g., Fourth of 
July fireworks). Although public access is restricted on private 
property, beach driving is permitted below MHW. Approximately 2/3 
(about 520 ac (210.4 ha)) of this unit is on private property with the 
remainder (266 ac (107.6 ha)) on State park lands. Private property 
rights extend to the mean low water line (MLW) in Washington State. The 
conservation goal for Midway Beach is 30 adult breeding birds. Twenty-
eight plovers nested at this site during the 2003 breeding season, and 
the site has shown a relatively high average annual production of 1.3 
to 1.9 chicks per male (WDFW in litt. 2003).
WA 4, Leadbetter Point/Gunpowder Sands, 1,069 ac (433 ha)
    The Leadbetter Point/Gunpowder Sands unit is located at the 
northern end of the Long Beach Peninsula, a 26-mi (41.8-km) long spit 
that defines the west side of Willapa Bay and extends down to the mouth 
of the Columbia River. The unit is located just north of the community 
of Ocean Park. The end of the spit is within the Willapa National 
Wildlife Refuge. The refuge jurisdiction extends to the mean high -tide 
mark. The beach below high tide is administered by the Washington 
Department of Natural Resources, and State regulations, including 
seasonal motorized vehicle access and recreational use, apply to this 
area. The area of the beach that falls under State jurisdiction is 
included in the unit. Leadbetter is the largest of the four proposed 
critical habitat units in Washington and covers approximately 1,069 ac 
(433 ha) and over 7 mi (11.3 km) of coastline. Two hundred seventy 
acres (109.3 ha) of WA 4 is on Willapa National Wildlife Refuge. The 
Refuge has a plover management plan, which has not yet undergone 
section 7 consultation. Six hundred twenty -seven acres (253.7 ha) of 
WA 4 are on State lands, generally below the mean high water line 
(MHW). Another 172 ac (69.6 ha) of the unit are on private land. Since 
Leadbetter National Wildlife Refuge extends to the mean high -water 
line, the area below MHW makes up an important portion of this unit. We 
therefore used historic aerial photos to estimate a more typical 
seaward boundary of the north end of the spit. As with the other units, 
however, the true seaward boundary is the edge of the tidal water. 
Approximately 30 snowy plovers nest and over-winter on the spit, with 
about 20-25 birds nesting north of the Refuge boundary and 5-10 birds 
using the State park and private beaches to the south (Service in litt. 
2004). The unit provides sandy beaches and sparsely vegetated dunes for 
nesting as well as miles of surf-cast organic debris and sheltered bays 
for foraging. The combined dynamics of weather and surf cause large 
quantities of wood and shell material to accumulate on the spit, 
providing prime nesting habitat, hiding areas from predators, foraging 
opportunities, and shelter from inclement weather for plover broods. 
The plover population at Leadbetter has been slowly increasing since 
monitoring began in 1993 and we consider the area capable of supporting 
up to 30 breeding plovers given appropriate management. The primary 
threat is human disturbance during spring razor clam season, which 
opens beaches to motorized vehicles and provides access into plover 
nesting areas that normally receive limited human use. Beaches south of 
the Refuge are open to public use. The State Parks department is 
considering posting areas being used by plovers and increasing 
enforcement of the wet sand driving regulations (Service in litt. 
2004).

Oregon

OR 1. Clatsop Spit: (Unoccupied Area, Identified for Possible 
Inclusion)
    Although the unit is currently occupied (L. Kelly, Service, in 
litt. 2003), it was not occupied at the time of listing (F. Seavey, 
Service in litt. 2004).
Subunit OR 1A, Columbia River South Spit, 65 ac (26 ha): (Unoccupied 
Area, Identified for Possible Inclusion)
    This subunit is on the northwestern coast of Clatsop County, 
Oregon, about 20 miles (32.2 km) northwest of the City of Astoria. It 
is bounded by the Columbia River and Fort Stevens State Park and is 
located about 1 mi (1.6 km) east of the base of the Columbia River 
South Jetty. The subunit is characteristic of a dune-backed beach 
adjacent to mud flats and an estuary. It includes the following 
features essential to the conservation of the species (PCEs): Areas of 
sandy beach relatively undisturbed by human or tidal activity (for 
nesting and foraging); areas of sandy beach above and below the high-
tide line with occasional surf-cast wrack supporting small 
invertebrates (for foraging); and close proximity to tidally influenced 
estuarine mud flats (for foraging). This subunit is part of a larger 
unit of the 17-mile (27.4 km) Clatsop Plains that is located between 
the Necanicum River to the south and the Columbia River to the north. 
Most recently documented plovers for the Clatsop Plains include one 
breeding plover in 1983 and 1 wintering plover in 1985 (ODFW in litt. 
1994). The subunit consists of 65 ac (26 ha) of federally owned land. 
The Oregon Parks and Recreation Department manages the subunit under a 
Department of Army license. The primary threats that may require 
special management in this subunit are introduced European beachgrass 
that encroaches on the available nesting and foraging habitat; 
disturbance from humans, dogs, and off-highway vehicles (OHVs) in 
important foraging and nesting areas; and predators such as the 
American crow and common raven.
Subunit OR 1B, Necanicum River Spit, 78 ac (32 ha): (Unoccupied Area, 
Identified for Possible Inclusion)
    This subunit is on the western coast of Clatsop County, Oregon, 
next to the City of Gearhart and less than 1 mi (1.6 km) north of the 
City of Seaside. It is bounded by the Necanicum River estuary on the 
south, City of Gearhart to the east, and the Pacific Ocean to the west. 
The subunit is characteristic of a dune-backed beach adjacent to mud

[[Page 75618]]

flats and an estuary. It includes the following features essential to 
the conservation of the species: Wide sand spits or washovers 
relatively undisturbed by human or tidal activity and sparsely 
vegetated (for nesting and foraging); areas of sandy beach above and 
below the high-tide line with occasional surf-cast wrack supporting 
small invertebrates (for foraging); and close proximity to tidally 
influenced estuarine mud flats (for foraging). This subunit is part of 
a larger unit of the 17-mi (27.4 km) Clatsop Plains that is located 
between the Necanicum River to the south and the Columbia River to the 
north. Two breeding plovers were documented in this subunit in 2002 
(Lauten et al. in litt. 2003). This subunit consists of 55 State-owned 
acres (22 ha) and 23 city-owned acres (9 ha). The Oregon Parks and 
Recreation Department is the primary land manager. Threats that may 
require special management in this subunit are introduced European 
beachgrass that encroaches on the available nesting and foraging 
habitat; disturbance from humans, dogs, and OHVs in important foraging 
and nesting areas; and predators such as American crow and raccoons.
OR 2, Nehalem River Spit, 145 ac (59 ha): (Unoccupied Area, Identified 
for Possible Inclusion)
    This unit is on the northwestern coast of Tillamook County, Oregon 
next to the City of Manzanita and about 19 miles (30.6 km) northwest of 
the City of Tillamook. It is bounded by Nehalem Bay on the east, the 
City of Manzanita to the north, and the Pacific Ocean to the west. The 
unit is characteristic of a dune-backed beach and sand spit adjacent to 
mud flats and an estuary. It includes the following features essential 
to the conservation of the species: A wide sand spit or washover area 
relatively undisturbed by human or tidal activity and sparsely 
vegetated (for nesting and foraging); areas of sandy beach above and 
below the high tide line with occasional surf-cast wrack supporting 
small invertebrates (for foraging); and close proximity to tidally 
influenced estuarine mud flats (for foraging). One breeding plover was 
documented in this unit in 1984 (ODFW in litt. 1994). This unit 
provides habitat capable of supporting four breeding plovers under 
proper management. The unit consists of 145 State-owned acres (58.7 ha) 
and is managed by the Oregon Parks and Recreation Department as part of 
the Nehalem Bay State Park. The primary threats that may require 
special management in this unit are introduced European beachgrass that 
encroaches on the available nesting and foraging habitat, disturbance 
from humans and dogs in important foraging and nesting areas, and 
predators such as American crows and common ravens.
OR 3, Bayocean Spit, 207 ac (84 ha)
    This unit is on the western coast of Tillamook County, Oregon, and 
about 8 mi (12.9 km) northwest of the City of Tillamook. It is bounded 
by Tillamook Bay on the east, the Tillamook Bay South Jetty to the 
north, and the Pacific Ocean to the west. The unit is characteristic of 
a dune-backed beach in close proximity to mud flats and an estuary. It 
includes the following features essential to the conservation of the 
species (PCEs): large areas of sandy dune relatively undisturbed by 
human or tidal activity (for nesting and foraging); areas of sandy 
beach above and below the high tide line with occasional surf-cast 
wrack supporting small invertebrates (for foraging); and close 
proximity to tidally influenced estuarine mud flats (for foraging). Two 
breeding plovers and one wintering plover were documented in this unit 
in 1993 and 2000, respectively (ODFW in litt. 1994; Service in litt. 
2004). This unit contributes significantly to the conservation goal for 
the region by providing habitat capable of supporting 16 breeding 
plovers under proper management. The unit consists of 85 ac (34.4 ha) 
of federally owned land and 122 ac (49.4 ha) of county-owned land. The 
primary threats that may require special management in this unit are 
introduced European beachgrass that encroaches on the available nesting 
and foraging habitat; disturbance from humans, dogs and horses in 
important foraging and nesting areas; and predators such as the common 
raven.
OR 4, Netarts Spit, 143 ac (58 ha): (Unoccupied Area, Identified for 
Possible Inclusion)
    This unit is on the western coast of Tillamook County, Oregon, 
about 5 mi (8.0 km) southwest of the City of Tillamook. It is bounded 
by the Pacific Ocean to the west and Netarts Bay to the east and the 
north. The unit is characteristic of a dune-backed beach and sand spit 
in close proximity to mud flats. It includes the following features 
essential to the conservation of the species: Wide sand spits or 
washovers and large areas of sandy dune relatively undisturbed by human 
or tidal activity and sparsely vegetated (for nesting and foraging); 
areas of sandy beach above and below the high tide line with occasional 
surf-cast wrack supporting small invertebrates (for foraging); and 
close proximity to tidally influenced mud flats (for foraging). The 
unit is considered unoccupied, although three breeding plovers were 
documented in this unit in 1982 (ODFW in litt. 1994). The unit consists 
of 143 State-owned acres (57.9 ha) managed by Oregon Parks and 
Recreation Department as Cape Lookout State Park. The primary threats 
that may require special management in this subunit are introduced 
European beachgrass that encroaches on the available nesting and 
foraging habitat, disturbance from humans and dogs in important 
foraging and nesting areas, and predators such as the common raven.
OR 5. Sand Lake: (Unoccupied Area, Identified for Possible Inclusion)
    This unit includes two subunits, one each on the north and south 
spits of Sand Lake estuary. Most recently documented plovers for the 
Sand Lake unit include four breeding plovers in 1986 (ODFW in litt. 
1994).
Subunit OR 5A, Sand Lake North, 38 ac (15.4 ha): (Unoccupied Area, 
Identified for Possible Inclusion)
    This subunit is on the southwestern coast of Tillamook County, 
Oregon, about 7 miles (11.3 km) north of Pacific City. It is bounded by 
the Sand Lake estuary to the south, the Siuslaw National Forest's Sand 
Lake National Recreation Area to the north, and the Pacific Ocean to 
the west. The subunit is characteristic of a dune-backed beach and sand 
spit in close proximity to mud flats and an estuary. It includes the 
following features essential to the conservation of the species: Wide 
sand spits or washovers and sparsely vegetated areas of sandy dune 
relatively undisturbed by human or tidal activity (for nesting and 
foraging); areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for 
foraging); and close proximity to tidally influenced mud flats (for 
foraging). The subunit consists of 38 county-owned acres (15.4 ha). The 
primary threats that may require special management in this subunit are 
introduced European beachgrass that encroaches on the available nesting 
and foraging habitat, disturbance from humans and dogs in important 
foraging and nesting areas, and predators such as American crows and 
common ravens.
Subunit OR 5B, Sand Lake South, 104 ac (42.1 ha): (Unoccupied Area, 
Identified for Possible Inclusion)
    This subunit is on the southwestern coast of Tillamook County, 
Oregon, about 7 mi (11.3 km) north of Pacific City. It is bounded by 
the Pacific Ocean

[[Page 75619]]

to the west and the Sand Lake estuary to the north and east. The 
subunit is characteristic of a dune-backed beach and sand spit in close 
proximity to mud flats and an estuary. It includes the following 
features essential to the conservation of the species: Wide sand spits 
or washovers and sparsely vegetated areas of sandy dune relatively 
undisturbed by human or tidal activity (for nesting and foraging); 
areas of sandy beach above and below the high tide line with occasional 
surf-cast wrack supporting small invertebrates (for foraging); and 
close proximity to tidally influenced mud flats (for foraging). The 
subunit consists of 104 privately owned acres (42.1 ha). The primary 
threats that may require special management in this subunit are 
introduced European beachgrass that encroaches on the available nesting 
and foraging habitat; disturbance from humans, dogs, and OHVs in 
important foraging and nesting areas; and predators such as the common 
raven.
OR 6, Nestucca River Spit, 147 ac (59.5 ha): (Unoccupied Area, 
Identified for Possible Inclusion)
    This unit is on the southwestern coast of Tillamook County, Oregon, 
next to Pacific City and about 20 mi (32.2 km) southwest of the City of 
Tillamook. It is bounded by Pacific City to the north, Nestucca Bay to 
the east and south, and the Pacific Ocean to the west. The unit is 
characteristic of a dune-backed beach and sand spit in close proximity 
to mud flats and an estuary. It includes the following features 
essential to the conservation of the species: Wide sand spits or 
washovers relatively undisturbed by human or tidal activity and 
sparsely vegetated (for nesting and foraging); areas of sandy beach 
above and below the high tide line with occasional surf-cast wrack 
supporting small invertebrates (for foraging); and close proximity to 
tidally influenced estuarine mud flats (for foraging). Most recently 
documented plovers for this unit include 2 breeding plovers in 1988 
(ODFW in litt. 1994). We therefore consider this unit to be currently 
unoccupied. The unit consists of 147 State-owned acres (59.5 ha) and is 
managed by the Oregon Parks and Recreation Department as Robert W. 
Straub State Park. The primary threats that may require special 
management in this subunit are introduced European beachgrass that 
encroaches on the available nesting and foraging habitat; disturbance 
from humans, dogs and horses in important foraging and nesting areas; 
and predators such as American crows and common ravens.
OR 7, Sutton/Baker Beaches, 260 ac (105.2 ha)
    This unit is on the western coast of Lane County, Oregon, about 8 
mi (12.9 km) north of the City of Florence. It is bounded by Sutton 
Creek to the south, Heceta Head to the north, and the Pacific Ocean to 
the west. The unit is characteristic of a dune-backed beach and wide 
sand spits with overwash areas. It includes the following features 
essential to the conservation of the species: large areas of sandy 
dunes or sand spit overwashes relatively undisturbed by human or tidal 
activity (for nesting and foraging) and areas of sandy beach above and 
below the high tide line with occasional surf-cast wrack supporting 
small invertebrates (for foraging). Most recently documented plovers 
for this unit include an average of 2 breeding plovers in 2003 and 8 
wintering plovers in 2004 (Lauten et al. in litt. 2003; Service in 
litt. 2004). This unit is capable of supporting 12 breeding plovers 
under proper management. The unit consists of 260 federally owned ac 
(105.2 ha) managed by the U.S. Forest Service in Siuslaw National 
Forest. The primary threats that may require special management in this 
unit are introduced European beachgrass that encroaches on the 
available nesting and foraging habitat; disturbance from humans, dogs 
and horses in important foraging and nesting areas; and predators such 
as the American crow and common raven.
OR 8. Siltcoos to Tenmile
    This unit includes four subunits, all within five miles of each 
other in Lane, Douglas and Coos Counties, Oregon.
Subunit OR 8A, Siltcoos River Spit, 188 ac (76.1 ha)
    This subunit is on the southwestern coast of Lane County, Oregon, 
about 7 mi (11.3 km) southwest of the City of Florence. It includes the 
sand spits to the north and south of the Siltcoos River and is bounded 
by the Pacific Ocean to the west. The subunit is characteristic of a 
dune-backed beach and sand spit in close proximity to a tidally 
influenced river mouth. It includes the following features essential to 
the conservation of the species: Wide sand spits or washovers and 
sparsely vegetated areas of sandy dune relatively undisturbed by human 
or tidal activity (for nesting and foraging); areas of sandy beach 
above and below the high tide line with occasional surf-cast wrack 
supporting small invertebrates (for foraging); and close proximity to 
tidally influenced freshwater areas (for foraging). Most recently 
documented plovers for this subunit include an average of six breeding 
plovers in 2003 and 20 wintering plovers in 2004 (Lauten et al. in 
litt. 2003; Service in litt. 2004). This subunit, in conjunction with 
subunit OR 8B, below, is capable of supporting 20 breeding plovers 
under proper management. The subunit consists of 188 federally owned 
acres (76.1 ha) managed by the U.S. Forest Service as the Oregon Dunes 
National Recreation Area in the Siuslaw National Forest. The primary 
threats that may require special management in this subunit are 
introduced European beachgrass that encroaches on the available nesting 
and foraging habitat; disturbance from humans, dogs and OHVs in 
important foraging and nesting areas; and predators such as the 
American crow and common raven.
Subunit OR 8B, Dunes Overlook/Tahkenitch Creek Spit, 375 ac (151.8 ha).
    This subunit is on the northwestern coast of Douglas County, 
Oregon, about 10 mi (16.1 km) northwest of the City of Reedsport. It is 
bounded by Tahkenitch Creek to the south, Carter Lake to the north and 
the Pacific Ocean to the west. The subunit is characteristic of a dune-
backed beach and sand spit. It includes the following features 
essential to the conservation of the species: wide sand spits or 
washovers and sparsely vegetated areas of sandy dune relatively 
undisturbed by human or tidal activity (for nesting and foraging); 
areas of sandy beach above and below the high tide line with occasional 
surf-cast wrack supporting small invertebrates (for foraging); and 
close proximity to tidally influenced freshwater areas (for foraging). 
Most recently documented plovers for this subunit include an average of 
seven breeding plovers in 2003 and one wintering plover in 2000 (Lauten 
et al. in litt.; 2003; Service in litt. 2004). This subunit is capable 
of supporting 20 breeding plovers in conjunction with subunit OR 8A 
(above) under proper management. The subunit consists of 375 federally 
owned acres (151.8 ha) managed by the U.S. Forest Service as the Oregon 
Dunes National Recreation Area. The primary threats that may require 
special management in this subunit are introduced European beachgrass 
that encroaches on the available nesting and foraging habitat; 
disturbance from humans, dogs and OHVs in important foraging and 
nesting areas; and predators such as the American crow and common 
raven.

[[Page 75620]]

Subunit OR 8C, North Umpqua River Spit, 111 ac (44.9 ha): (Unoccupied 
Area, Identified for Possible Inclusion)
    This subunit is on the western coast of Douglas County, Oregon, 
about 5 mi, (8.0 km) west of the City of Reedsport. It is bounded by 
the Umpqua River North Jetty to the south and the Pacific Ocean to the 
west. The subunit is characteristic of a dune-backed beach. It includes 
the following features essential to the conservation of the species: 
areas of sandy beach above and below the high tide line with occasional 
surf-cast wrack supporting small invertebrates (for nesting and 
foraging). This subunit is capable of supporting four breeding plovers 
under proper management. The subunit consists of 74 ac (29.9 ha) of 
federally owned land and 37 ac (15 ha) of State-owned land. The primary 
land manager is the U.S. Forest Service for the Oregon Dunes National 
Recreation Area. Threats that may require special management in this 
subunit are introduced European beachgrass that encroaches on the 
available nesting and foraging habitat; disturbance from OHVs in 
important foraging and nesting areas; and predators such as the 
American crow and common raven.
Subunit OR 8D, Tenmile Creek Spit, 235 ac (95.1 ha)
    This subunit is on the northwestern coast of Coos County, Oregon, 
about 12 mi, (19.3 km) southwest of the City of Reedsport. It includes 
the sand spits and beaches to the north and south of the Tenmile River 
and is bounded by the Pacific Ocean to the west. The subunit is 
characteristic of a dune-backed beach and sand spit. It includes the 
following features essential to the conservation of the species: Wide 
sand spits or washovers and sparsely vegetated areas of sandy dune 
relatively undisturbed by human or tidal activity (for nesting and 
foraging); areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for nesting 
and foraging); and close proximity to tidally influenced freshwater 
areas (for foraging). The most recently documented plovers for this 
subunit include an average of 10 breeding and eight wintering plovers 
in 2003 (Lauten et al. in litt. 2003; Service in litt. 2004). This 
subunit is capable of supporting 20 breeding plovers under proper 
management. The subunit consists of 235 federally owned acres (95.1 ha) 
managed as the Oregon Dunes National Recreation Area by the U.S. Forest 
Service. The primary threats that may require special management in 
this subunit are introduced European beachgrass that encroaches on the 
available nesting and foraging habitat; disturbance from humans and 
dogs in important foraging and nesting areas; and predators such as the 
American crow and common raven.
OR 9, Coos Bay North Spit, 278 ac (112.5 ha)
    This unit is on the western coast of Coos County, Oregon, about 5 
mi (8.0 km) west of the City of Coos Bay. It is bounded by Coos Bay to 
the east, the Coos Bay North Jetty to the south, and the Pacific Ocean 
to the west. The unit is characteristic of a dune-backed beach and 
interior interdune flats created through dredge material disposal or 
through habitat restoration. It includes the following features 
essential to the conservation of the species (PCEs): Expansive sparsely 
vegetated interdune flats (for nesting and foraging); areas of sandy 
beach above and below the high tide line with occasional surf-cast 
wrack supporting small invertebrates (for nesting and foraging); and 
close proximity to tidally influenced estuarine areas (for foraging). 
The most recently documented plovers for this unit include an average 
of 17 breeding and 3 wintering plovers in 2003 (Lauten et al. in litt. 
2003; Service in litt. 2004). This unit contributes significantly to 
the regional conservation goal by providing habitat capable of 
supporting 54 breeding plovers under proper management. The unit 
consists of 278 federally owned acres (112.5 ha) primarily managed by 
the Bureau of Land Management. Threats that may require special 
management in this unit are introduced European beachgrass that 
encroaches on the available nesting and foraging habitat; disturbance 
from humans, dogs and OHVs in important foraging and nesting areas; and 
predators such as the American crow and common raven.
OR 10, Bandon/Cape Blanco Area
    This unit consists of three subunits within five miles of each 
other near the town of Bandon, in Coos and Curry Counties, Oregon.
Subunit OR 10A, Bandon to Floras Lake, 680 ac (275.2 ha)
    This subunit is on the southwestern coast of Coos County, Oregon, 
about 4 mi (6.4 km) south of the City of Bandon. It is bounded by China 
Creek to the north, the New River to the east, Floras Lake to the 
south, and the Pacific Ocean to the west. The subunit is characteristic 
of a dune-backed beach and barrier spit. It includes the following 
features essential to the conservation of the species: wide sand spits 
or washovers and sparsely vegetated areas of sandy dune relatively 
undisturbed by human or tidal activity (for nesting and foraging); 
areas of sandy beach above and below the high tide line with occasional 
surf-cast wrack supporting small invertebrates (foraging); and close 
proximity to tidally influenced freshwater areas (for foraging). The 
most recently documented plovers for this subunit include an average of 
15 breeding and 18 wintering plovers in 2003 (Lauten et al. in litt. 
2003; Service in litt. 2004). This subunit is capable of supporting 54 
breeding plovers under proper management. The subunit consists of 321 
ac (129.9 ha) of federally owned land, 184 ac (75 ha) of State-owned 
land, 12 ac of county-owned land (5 ha), and 163 ac (66 ha) of 
privately owned land. The Bureau of Land Management and the Oregon 
Parks and Recreation Department are the unit's primary land managers. 
Threats that may require special management in this subunit are 
introduced European beachgrass that encroaches on the available nesting 
and foraging habitat; disturbance from humans, dogs, horses and OHVs in 
important foraging and nesting areas; and predators such as the common 
raven and red fox.
Subunit OR 10B, Sixes River Spit, 73 ac (29.5 ha): (Unoccupied Area, 
Identified for Possible Inclusion)
    This subunit is on the northwestern coast of Curry County, Oregon, 
about 8 mi (12.9 km) northwest of the City of Port Orford and just 
north of Cape Blanco. It includes the sand spits to the north and south 
of the Sixes River and is bounded by the Pacific Ocean to the west. The 
subunit is characteristic of a dune-backed beach and sand spit in close 
proximity to a tidally influenced river mouth. It includes the 
following features essential to the conservation of the species: Wide 
sand spits or washovers and sparsely vegetated areas of sandy dune 
relatively undisturbed by human or tidal activity (for nesting and 
foraging); areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for 
foraging); and close proximity to tidally influenced freshwater areas 
(for foraging). No plover use has been documented for this unit, which 
may be attributed to little, if any, historic survey effort. This 
subunit is capable of supporting 4 breeding plovers under proper 
management. The subunit consists of 73 State-owned acres (29.5 ha) 
managed by Oregon Parks and Recreation Department. The primary threats 
that may require special management in this subunit are introduced 
European

[[Page 75621]]

beachgrass that encroaches on the available nesting and foraging 
habitat; disturbance from humans and dogs in important foraging and 
nesting areas; and predators such as the common raven.
Subunit OR 10C, Elk River Spit, 88 ac (35.6 ha): (Unoccupied Area, 
Identified for Possible Inclusion)
    This subunit is on the northwestern coast of Curry County, Oregon, 
about 4 mi (6.4 km) northwest of the City of Port Orford and just south 
of Cape Blanco. It is bounded by the Elk River to the east and north, 
and the Pacific Ocean to the west. The subunit is characteristic of a 
dune-backed beach and sand spit in close proximity to a tidally 
influenced river mouth. It includes the following features essential to 
the conservation of the species: Wide sand spits or washovers and 
sparsely vegetated areas of sandy dune relatively undisturbed by human 
or tidal activity (for nesting and foraging); areas of sandy beach 
above and below the high tide line with occasional surf-cast wrack 
supporting small invertebrates (for foraging); and close proximity to 
tidally influenced freshwater areas (for foraging). This subunit is 
capable of supporting four breeding plovers under proper management. 
The subunit consists of 88 privately owned acres (35.6 ha). The primary 
threats that may require special management in this subunit are 
introduced European beachgrass that encroaches on the available nesting 
and foraging habitat; disturbance from humans, dogs and OHVs in 
important foraging and nesting areas; and predators such as the common 
raven and red fox.
OR 11, Euchre Creek Spit, 75 ac (30.4 ha): (Unoccupied Area, Identified 
for Possible Inclusion)
    This unit is on the western coast of Curry County, Oregon, about 12 
mi (19.3 km) north of the City of Gold Beach. It includes the sand 
spits to the north and south of the Euchre River and is bounded by the 
Pacific Ocean to the west. The unit is characteristic of a dune-backed 
beach and sand spit in close proximity to a tidally influenced river 
mouth. It includes the following features essential to the conservation 
of the species: Wide sand spits or washovers and sparsely vegetated 
areas of sandy dune relatively undisturbed by human or tidal activity 
(for nesting and foraging); areas of sandy beach above and below the 
high tide line with occasional surf-cast wrack supporting small 
invertebrates (for foraging); and close proximity to tidally influenced 
freshwater areas (for foraging). No Pacific Coast WSP have been 
documented using the area in recent years, so we consider it to be 
currently unoccupied. The unit consists of 75 privately owned acres 
(30.4 ha). The primary threats that may require special management in 
this unit are European beachgrass that encroaches on the available 
nesting and foraging habitat; disturbance from humans and dogs in 
important foraging and nesting areas; and predators such as the common 
raven and red fox.
OR 12, Pistol River Spit, 116 ac (46.9 ha): (Unoccupied Area, 
Identified for Possible Inclusion)
    This unit is on the southwestern coast of Curry County, Oregon, 
about 12 mi (19.3 km) south of the City of Gold Beach. It is bounded by 
the Pistol River to the east and north, and the Pacific Ocean to the 
west. The unit is characteristic of a dune-backed beach and sand spit 
in close proximity to a tidally influenced river mouth. It includes the 
following features essential to the conservation of the species: Wide 
sand spits or washovers and sparsely vegetated areas of sandy dune 
relatively undisturbed by human or tidal activity (for nesting and 
foraging); areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for 
foraging); and close proximity to tidally influenced freshwater areas 
(for foraging). The unit is not considered to be currently unoccupied, 
as the most recently documented plover in the area was one wintering 
plover in 1978 (Wilson 1980). The unit consists of 116 State-owned 
acres (46.9 ha) managed by the Oregon Parks and Recreation Department 
as the Pistol River State Park. The primary threats that may require 
special management in this unit are introduced European beachgrass that 
encroaches on the available nesting and foraging habitat; disturbance 
from humans, dogs and horses in important foraging and nesting areas; 
and predators such as the American crow and common raven.

California

CA 1, Lake Earl, 91 ac (37 ha)
    This unit is located directly west of the Lake Earl/Lake Tolowa 
lagoon system and the proposed Pacific Shores housing development. The 
unit extends from the lagoon breach site in the south, to Kellogg Road 
at the unit's northern end. The Lake Earl lagoon lies approximately 2 
miles (3.2 km) north of Point Saint George and the McNamara Airfield. 
Essential features of the unit for Pacific Coast WSP conservation 
include sandy beaches above and below the mean high tide line, wind-
blown sand in dune systems immediately inland of the active beach face, 
and the washover area at the lagoon mouth. The Lake Earl unit is a 
historical breeding site, and has had a small population of wintering 
plovers in recent years (Watkins, pers. comm. 2004). We expect this 
unit to be able to support ten breeding plovers with proper management. 
The unit contains 90.8 ac (36.7 ha) total. Approximately 12.9 ac (5.2 
ha) are managed by the State under the jurisdiction of the California 
Department of Fish and Game, with the remaining 77.9 ac (31.5 ha) in 
private ownership. The unit is approximately 3 mi (4.8 km) in length. 
Degradation of the sand dune system has resulted from the encroachment 
of European beachgrass. Off-road vehicle (OHV) use is the greatest 
threat to wintering and nesting plovers using the unit. The U.S. Army 
Corps of Engineers authorizes the mechanical breach of the Lake Earl/
Lake Tolowa lagoon on an annual basis. Monitoring indicates that the 
practice of breaching has only temporary, short-term effects to 
wintering plovers.
CA 2, Big Lagoon, 280 ac (113 ha)
    This unit consists of a large sand spit that divides the Pacific 
Ocean from Big Lagoon. The northern extent of the Big Lagoon spit is 
approximately three mi (4.8 km) south of the Town of Orick. The unit 
contains the following features essential to the conservation of the 
Pacific Coast WSP (PCEs): Low lying sandy dunes and open sandy areas 
that are relatively undisturbed by humans; sandy beach above and below 
the high tide line that supports small invertebrates; and areas of 
overwash. The Big Lagoon spit is historical nesting habitat, and 
currently maintains a winter population of fewer than 10 plovers 
(Watkins, pers. comm. 2001). We estimate the unit can support 16 
breeding plovers. The unit is located on the spit, which is 
approximately 3.8 mi (6.1 km) in length. Most of the unit (279.2 ac, 
113.0 ha) is managed by the California Department of Parks and 
Recreation (CA State Parks). An additional 0.6 ac (0.26 ha) are 
Humboldt County-managed. State Parks has conducted habitat restoration 
at this unit through the hand-removal of non-native vegetation. The 
primary threat to wintering and breeding plovers that may require 
special management is the disturbance from humans and dogs walking 
through winter flocks and potential nesting areas.

[[Page 75622]]

CA 3, McKinleyville Area
    This unit consists of two subunits in the vicinity of 
McKinleyville, California, in Humboldt County.
CA 3A, Clam Beach/Little River, 155 ac (63 ha)
    The Little River/Clam Beach subunit's northern boundary is directly 
across from the south abutment of the U.S. Highway 101 bridge that 
crosses the Little River. The southern subunit boundary is aligned with 
the north end of the southernmost, paved Clam Beach parking area. The 
length of the unit is approximately 1.8 mi (2.8 km). Essential features 
of the subunit that contribute towards the conservation of the Pacific 
Coast WSP include large areas of sandy dunes, areas of sandy beach 
above and below the high tide line, and generally barren to sparsely 
vegetated terrain. The subunit currently supports a breeding population 
of approximately 12 plovers, and a winter population of up to 55 
plovers (Colwell, et al. 2003). It has developed into one of four 
primary nesting locations within northern California. We expect the 
subunit to be able to support six breeding plovers. The primary threats 
to nests, chicks, and both wintering and breeding adult plovers in this 
subunit are OHV use, predators, and disturbance caused by humans and 
dogs. Of the total 154.9 ac (62.7 ha), approximately 81.5 acres (33 ha) 
are under the jurisdiction of the CA State Parks, 24.1 acres (9.8 ha) 
are in private ownership, and 49.5 acres (20 ha) are under the 
ownership and management of Humboldt County.
CA 3B, Mad River Beach, 377 ac (153 ha)
    This subunit was largely swept clean of European beachgrass when 
the Mad River temporarily shifted north in the 1980's and 1990's. The 
Mad River Beach subunit is approximately 2.8 mi (4.5 km) long, and 
ranges from the U.S. Highway 101 Vista Point below the Arcata Airport 
in the north, to School Road in the south. One hundred sixty-one acres 
(65 ha) are owned and managed by Humboldt County, and 216.5 (87.6 ha) 
are privately owned. Essential features of the subunit that contribute 
towards the conservation of the Pacific Coast WSP include large areas 
of sandy dunes, areas of sandy beach above and below the high tide 
line, and generally barren to sparsely vegetated terrain. We expect the 
subunit to eventually support 12 breeding plovers with proper 
management. The current breeding population is believed to be less than 
5 plovers, although plovers from this subunit readily intermix with 
plovers in CA 3A (Colwell, et al. 2003). Occasional winter use by 
plovers has been intermittently documented, with most wintering within 
the adjacent critical habitat unit to the north (Hall, pers. comm. 
2003). The primary threats to nests, chicks, and both wintering and 
breeding adult plovers are OHV use, and disturbance caused by 
equestrians and humans with accompanying dogs.
CA 4, Eel River Area
    This unit consists of four subunits, one each on the north and 
south spits of the mouth of the Eel River, one for the Eel River gravel 
bars supporting nesting plovers about five to ten miles inland, and one 
extending from the south spit of Humboldt Bay to the beach adjacent to 
the north Eel River spit subunit.
Subunit CA 4A, Humboldt Bay, South Spit Beach, 375 ac (152 ha)
    This subunit is located across Humboldt Bay, less than one mile 
(<1.6 km) west of the City of Eureka, with the southern boundary being 
Table Bluff. Three hundred forty-four acres (139.3 ha) of the unit are 
owned by the California Department of Fish and Game, but are managed by 
the Federal Bureau of Land Management, 10.1 ac (4.1 ha) are owned and 
managed by the County of Humboldt, and 20.2 ac (8.2 ha) are owned by 
the U.S. Army Corps of Engineers. The subunit is 4.8 mi (7.7 km) in 
total length. The following features essential to the conservation of 
the Pacific Coast WSP can be found within the unit: large areas of 
sandy dunes, areas of sandy beach above and below the high tide line, 
and generally barren to sparsely vegetated terrain. The plover 
wintering population is estimated at under 15 individuals, and three 
nests, from 4 breeders, were attempted within the subunit in 2003 
(Colwell, et al. 2003). This subunit is capable of supporting 30 
breeding plovers. The Bureau of Land Management has conducted habitat 
restoration within the subunit, in consultation with us. The primary 
threats to adult plovers, chicks, and nests, are OHV use, and 
disturbance from equestrians and humans with dogs.
Subunit CA 4B, Eel River North Spit and Beach, 283 ac (114 ha)
    This subunit stretches from Table Bluff on the north to the mouth 
of the Eel River in the south. The subunit is estimated to be 3.9 miles 
(6.3 km) long, and is managed by the California Department of Fish and 
Game, except for five acres of private land. Essential features of the 
unit include: large areas of sandy, sparsely vegetated dunes for 
reproduction and foraging, and areas of sandy beach above and below the 
high tide line supporting small invertebrates for foraging. Driftwood 
is an important component of the habitat in this subunit, providing 
shelter from the wind both for nesting plovers and for invertebrate 
prey species. The subunit's winter population of plovers is estimated 
at less than 20 (LeValley, 2004). As many as 11 breeders have been 
observed during breeding season window surveys, with a breeding 
population estimated at less than 15 (Colwell, et al. 2003). We expect 
this subunit to eventually support 20 breeding plovers with proper 
management. Threats include predators, OHVs, and disturbance from 
equestrians and humans with dogs.
Subunit CA 4C, Eel River South Spit and Beach, 402 ac (163 ha)
    This subunit encompasses the beach segment from the mouth of the 
Eel River, south to Centerville Road, approximately 4 miles (6.4 km) 
west of the Town of Ferndale. The subunit is 5 miles (8.3 km) long. 
397.1 acres (160.7 ha) are private, and the remaining 4.4 ac (1.8 ha) 
are managed by Humboldt County. Essential features of the subunit 
include: large areas of sandy dunes, areas of sandy beach above and 
below the high tide line, and generally barren to sparsely vegetated 
terrain. This subunit is capable of supporting 20 breeding plovers. A 
single nest was found during the 2004 breeding season (McAllister, 
pers. comm. 2004). The winter population is estimated at under 80 
plovers, many of which breed on the Eel River gravel bars (CA 5) 
(McAllister, pers. comm. 2003, Transou, pers. comm. 2003). Threats 
include predators, OHVs, and disturbance from equestrians and humans 
with dogs.
Subunit CA 4D, Eel River Gravel Bars, 1,193 ac (483 ha)
    This subunit is inundated during winter months due to high flows in 
the Eel River. It is 6.4 miles (10.3 km) from the Town of Fernbridge, 
upstream to the confluence of the Van Duzen River. The Eel River is 
contained by levees in this section, and consists of gravel bars and 
wooded islands. The subunit contains a total of 1,192.8 acres (482.7 
ha), of which 176.3 ac (71.3 ha) are owned and managed by Humboldt 
County, 79.1 ac (32 ha) are under the jurisdiction of the California 
State Lands Commission, and 937.5 ac (379.4 ha) are privately owned. 
Essential features of this subunit include: bare open gravel bars 
comprised of both sand and cobble, which support reproduction and

[[Page 75623]]

foraging. The Eel River gravel bars are the most important breeding 
habitat in California north of San Francisco Bay, and have the highest 
fledging success rate of any areas from Mendocino County to the Oregon 
border. This subunit is capable of supporting 40 breeding plovers. 
Twenty-two breeding birds were recorded in this subunit during recent 
window surveys (LeValley, pers. comm. 2004). Threats include predators, 
OHVs, and disturbance from gravel mining and humans with dogs.
CA 5, MacKerricher Beach, 1,048 ac (424 ha)
    This unit is approximately 3.5 miles (5.5 km) long. The unit is 
just south of the Ten Mile River, and approximately 4 miles (6.4 km) 
north of the City of Fort Bragg. 1,017.2 acres (411.6 ha) are managed 
by CA State Parks, and 31.2 acres (12.6 ha) are private. Essential 
features of the unit include: large areas of sandy dunes, areas of 
sandy beach above and below the high tide line, and generally barren to 
sparsely vegetated terrain. State Parks has been conducting removal of 
European beachgrass to improve habitat for the Pacific Coast WSP and 
other sensitive dune species within the unit. This unit is capable of 
supporting 20 breeding plovers. The current breeding population is 
estimated at less than 10 (Colwell, et al. 2003). The winter population 
of plovers is under 45 (Cebula, pers. comm. 2004). Threats to nests, 
chicks and both wintering and breeding adults include predators and 
disturbance from equestrians and humans with dogs.
CA 6, Manchester Beach, 341 ac (138 ha)
    The Manchester Beach unit is approximately 3.5 miles (5.7 km) in 
length. California State Parks manages 336.2 ac (136.1 ha) of the unit, 
while the remaining 4.8 ac (1.9 ha) are private. Essential features of 
the unit include: large areas of sandy dunes, areas of sandy beach 
above and below the high tide line, and generally barren to sparsely 
vegetated terrain. This unit provides an important wintering site for 
the region (Service 2001). In 2003, a pair of plovers nested within the 
unit, and successfully hatched 2 chicks. However, those chicks did not 
survive (Colwell, et al. 2003). The current wintering population is 
estimated at less than 20 (Cebula, pers. comm. 2004). Threats to nests, 
chicks and both wintering and breeding adults include predators and 
disturbance from equestrians and humans with dogs.
CA 7, Dillon Beach, 30 ac (12 ha)
    This unit is located at the mouth of Tomales Bay, just south of the 
town of Dillon Beach. It stretches for about 1.25 mi (2.01 km) north 
from Sand Point. PCEs provided by the unit include surf-cast debris 
supporting small invertebrates for foraging, and large stretches of 
relatively undisturbed, sparsely vegetated sandy beach, both above and 
below high tide line, for foraging and potentially for nesting. 
Although nesting has not been noted here, the unit is an important 
wintering area. One hundred twenty three wintering plovers were counted 
at this spot during the last winter survey in January 2004 (Page in 
litt. 2004). Other than State lands intermittently exposed below mean 
high tide, the unit is entirely on private land. Potential threats that 
may require special management include predators and disturbance by 
humans and their pets.
CA 8, Pt. Reyes Beach, 462 ac (187 ha)
    This unit occupies most of the west-facing beach between Point 
Reyes and Tomales Point. It is located entirely within the Point Reyes 
National Seashore, and consists primarily of dune backed beaches. The 
unit includes the following PCEs essential to plover conservation: 
sparsely vegetated sandy beach above and below high tide for nesting 
and foraging, wind-blown sand dunes for nesting and predator avoidance, 
and tide-cast debris attracting small invertebrates for foraging. It 
supports both nesting and wintering plovers, and can support 50 
breeding birds with proper management. Threats in the area that may 
require special management include disturbance by humans and pets, and 
predators (particularly ravens and crows).
CA 9, Limantour Spit, 124 ac (50 ha)
    Limantour Spit is a roughly 2.25 mile (4.0 km) sand spit at the 
north end of Drake's Bay. The unit includes the end of the spit, and 
contracts to include only the south-facing beach towards the base of 
the spit. It is completely within the Point Reyes National Seashore. CA 
10 can support both nesting and wintering plovers, although nesting has 
not been documented since 2000 (Page in litt. 2003, 2004). Ninety-five 
wintering plovers were counted at the site during the January 2004 
survey (Page in litt. 2004). The unit is expected to contribute 
significantly to plover conservation in the region by providing habitat 
capable of supporting ten nesting birds. PCEs at the unit include 
sparsely vegetated beach sand, above and below high tide for nesting 
and foraging, and tide-cast debris supporting small invertebrates. 
Threats that may require special management include disturbance by 
humans and pets, and nest predators such as crows and ravens.
CA 10, Half Moon Bay, 37 ac (15 ha)
    This unit stretches for about 1.25 mi (2.01 km) along Half Moon Bay 
State Beach, and is entirely within California State Parks land. It 
includes sandy beach above and below the high tide line for nesting and 
foraging, and surf-cast debris to attract small invertebrates. Small 
numbers of breeding birds have been found at the location in the past 
three surveys, including four breeding birds in the most recent survey, 
conducted in 2003 (Page in litt. 2003). The unit also supports a 
sizeable winter flock, which was 65 birds in 2004 (Page in litt. 2004). 
We expect the unit to eventually support ten breeding birds in the unit 
under proper management, which makes it a potentially significant 
contributor to plover conservation. Potential threats in the area that 
may require special management include disturbance by humans and pets, 
and nest predators.
CA 11. Santa Cruz Coast
    This unit consists of three relatively small pocket beaches in 
Santa Cruz County, California. The unit forms an important link between 
larger breeding beaches to the north and south, such as Half Moon Bay 
and the Monterey Bay beaches.
Subunit CA 11A, Waddell Creek Beach, 9 ac (4 ha): (Unoccupied Area, 
Identified for Possible Inclusion)
    This subunit includes the mouth of Waddell Creek and is located 
about 20 mi (32.2 km) north of the city of Santa Cruz. It extends about 
0.7 mi (1.1 km) north along the coast from a point about 0.1 mi (0.2 
km) south of the creek mouth to a point about 0.6 mi (0.4 km) north of 
the creek. The area provides several essential habitat features, 
including wind-blown sand dunes, areas of sandy beach above and below 
the high tide line with occasional surf-cast wrack supporting small 
invertebrates (for nesting and foraging) and generally barren to 
sparsely vegetated terrain (for foraging and predator avoidance). With 
proper management, and in conjunction with the other two small units 
proposed for Santa Cruz County (CA 11B and 11C), this subunit can 
attract additional nesting plovers and thereby facilitate genetic 
interchange between the larger units at Half Moon Bay (CA 10) and Palm 
Beach and Moss Landing (CA 12) (see Criterion 3, Methods section,

[[Page 75624]]

above). CA 11A encompasses approximately 8.1 ac (3.3 ha) of State land 
and 1.3 ac (0.5 ha) of private land. Human disturbance is the primary 
threat to plovers in the subunit that might require special management.
Subunit CA 11B, Scott Creek Beach, 19 ac (8 ha)
    This subunit includes the mouths of Scott and Molino creeks and is 
located about 13 mi (20.9 km) north of the city of Santa Cruz. It 
extends about 0.7 mi (1.1 km) north along the coast from the southern 
end of the sandy beach (0.3 mi (0.5 km) south of Molino Creek) to a 
point about 0.1 mi (0.4 km) north of Scott Creek. Recent surveys have 
found from 12 (in 2000) to 1 (in 2004) nesting plovers occupying the 
area (Page in litt. 2004), and it is an important snowy plover 
wintering area, with up to 114 birds each winter (Page in litt. 2004). 
This subunit is essential to the conservation of the species because 
with proper management, and in conjunction with the other two small 
units proposed for Santa Cruz County (CA 11B and 11C), it can attract 
additional nesting plovers and thereby facilitate genetic interchange 
between the larger units at Half Moon Bay (CA 10) and Palm Beach and 
Moss Landing (CA 12) (see Criterion 3, Methods section, above). The 
subunit includes the following habitat features essential to the 
species: Areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for nesting 
and foraging) and generally barren to sparsely vegetated terrain (for 
foraging and predator avoidance). CA 13 is situated entirely on private 
land. Human disturbance and predators are the primary threats to snowy 
plovers in this subunit that may require special management.
Subunit CA 11C, Wilder Creek Beach, 10 ac (4 ha)
    This subunit is located at the mouth of Laguna Creek and is about 8 
mi (12.9 km) north of the city of Santa Cruz. It extends about 0.5 mi 
(0.3 km) north along the coast from the southern end of the sandy beach 
to the northern end of the beach across the mouth of Laguna Creek. Five 
nesting plovers were found in the area in 2000 (Page in litt. 2004). 
The subunit includes the following essential features: Areas of sandy 
beach above and below the high tide line with occasional surf-cast 
wrack supporting small invertebrates (for nesting and foraging) and 
generally barren to sparsely vegetated terrain (for foraging and 
predator avoidance). CA 11C is capable of supporting sixteen breeding 
birds under proper management. The subunit is entirely situated on 
State-owned land. Disturbance from humans and pets, development, OHV 
use, pets, and predators are the primary threats to snowy plovers in 
this subunit that may require special management.
CA 12. Monterey Bay Beaches
    This unit includes three subunits within Monterey Bay, California, 
including parts of Santa Cruz and Monterey Counties. Two of the 
subunits are stretches of beach, while the third (CA 12B) includes a 
wetland adjacent to the shore.
Subunit CA 12A, Jetty Rd to Aptos, 272 ac (110 ha)
    This subunit is about 5 mi (8 km) west of the city of Watsonville 
and includes Sunset and Zmudowski State beaches. The mouth of the 
Pajaro River is located near the center of the unit, and Elkhorn Slough 
is at the south end of the unit. It extends about 8.5 mi (13.7 km) 
north along the coast from Elkhorn Slough to Zils Road. This is an 
important snowy plover nesting area, with 8-38 birds nesting each year, 
and is also an important wintering area, with up to 250 birds each 
winter (Page in litt. 2004). This subunit is capable of supporting 54 
breeding birds under proper management. It includes the following 
features essential to the species: Areas of sandy beach above and below 
the high tide line with occasional surf-cast wrack supporting small 
invertebrates (for nesting and foraging) and generally barren to 
sparsely vegetated terrain (for foraging and predator avoidance). CA 
12A exists entirely on State lands. Human disturbance, development, 
horses, OHV use, pets, predators, and dune-stabilizing vegetation such 
as European beachgrass are the primary threats to snowy plovers in this 
subunit that may require special management.
Subunit CA 12B, Elkhorn Slough Mudflats, 281 ac (114 ha)
    CA 12B is about 3.5 mi (5.6 km) north of the city of Castroville 
along the north side of Elkhorn Slough east of Highway 1. It extends 
about 1 mi (1.6 km) along the north shore of Elkhorn Slough east of 
Highway 1 and about 0.5 mi (0.8 km) north from Elkhorn Slough to 
Bennett Slough. This is an important nesting area, with 6-47 birds 
nesting each year, and is also an important wintering area, with up to 
95 birds each winter (Page in litt. 2004, Stenzel in litt. 2004). This 
subunit is capable of supporting 80 breeding birds under proper 
management. It includes the following features essential to the 
species: areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for nesting 
and foraging) and generally barren to sparsely vegetated terrain (for 
foraging and predator avoidance). The subunit is situated entirely on 
State-owned land. Human disturbance, development, horses, OHV use, 
pets, predators, and vegetation are the primary threats to snowy 
plovers in this subunit that may require special management.
Subunit CA 12C, Monterey to Moss Landing, 803 ac (325 ha)
    CA 12C includes the beaches along the southern half of Monterey Bay 
from the city of Monterey at the south end of the subunit to Moss 
Landing and the mouth of Elkhorn Slough at the north end of the unit. 
The mouth of the Salinas River is located near the center of the unit. 
It extends about 15 mi (24.2 km) north along the coast from Monterey to 
Moss Landing. This is an important nesting area, with 61 to 104 nesting 
birds each year, and is also an important snowy plover wintering area, 
with up to 190 birds each winter (Page in litt. 2004, Stenzel in litt. 
2004). This subunit is capable of supporting 162 breeding birds under 
proper management. It includes the following habitat features essential 
to the species: areas of sandy beach above and below the high tide line 
with occasional surf-cast wrack supporting small invertebrates (for 
nesting and foraging) and generally barren to sparsely vegetated 
terrain (for foraging and predator avoidance). CA 12C includes 
approximately 792.2 ac (320.6 ha) of State and local lands, and 10.4 ac 
(4.2 ha) of Federal land. It would include an additional 142 ac (57.5 
ha) of Federal land in the Salinas River National Wildlife Refuge, but 
we are excluding that area based on the existence of a Comprehensive 
Conservation Plan for Salinas River NWR that has undergone section 7 
consultation (see Exclusions section, below). Human disturbance, 
development, horses, OHV use, pets, predators, and habitat changes 
resulting from exotic vegetation are the primary threats to snowy 
plovers in this subunit that may require special management.
CA 13, Point Sur Beach, 61 ac (25 ha)
    This unit is about 17 mi (27.4 km) south of the city of Monterey 
and immediately north of Point Sur. It extends about 1 mi (1.6 km) 
north along the coast from Point Sur. This is an important snowy plover 
wintering area, with up to 65 birds each winter (Page in litt. 2004). A 
few nesting pairs (1-2) also occupy this unit each year (Stenzel in 
litt. 2004). This unit is capable of

[[Page 75625]]

supporting 20 breeding birds under proper management. It includes the 
following features essential to the species: wind-blown sand dunes, 
areas of sandy beach above and below the high tide line with occasional 
surf-cast wrack supporting small invertebrates (for nesting and 
foraging) and generally barren to sparsely vegetated terrain (for 
foraging and predator avoidance). This unit is situated entirely on 
State-owned land. Human disturbance and habitat changes due to exotic 
vegetation are the primary threats to snowy plovers in this unit that 
may require special management.
CA 14, San Simeon Beach, 28 ac (11 ha)
    CA 14, which is entirely within San Simeon State Beach, is located 
about 5 mi (8 km) south of San Simeon. It extends about 0.9 mi (1.5 km) 
north along the coast from a point opposite the intersection of Highway 
1 and Moonstone Beach Drive to the northwestern corner of San Simeon 
State Beach. This is an important snowy plover wintering area, 
supporting 143 birds as documented by the most recent winter survey 
(Page in litt. 2004). The unit also supports a small number of nesting 
plovers: one nest hatched three chicks in 2002, and one nest was 
initiated but lost to predators in 2003 (Orr in litt. 2004). This unit 
includes the following features essential to the species: areas of 
sandy beach above and below the high tide line with occasional surf-
cast wrack supporting small invertebrates (for nesting and foraging) 
and generally barren to sparsely vegetated terrain (for foraging and 
predator avoidance). Human disturbance, pets, and dune stabilizing 
vegetation are the primary threats to snowy plovers in this unit that 
may require special management.
CA 15. Estero Bay Beaches
    This unit includes three subunits in Estero Bay, California, San 
Luis Obispo County. The subunits include a pocket beach at the north 
end of the bay (15A), and the beaches north and south of Morro Rock 
(15B and 15C), in the vicinity of Morro Bay, California.
Subunit CA 15A, Villa Creek Beach, 17 ac (7 ha)
    The Villa Creek subunit is about 3.5 mi (5.6 km) northwest of the 
city of Cayucos, and is managed by the California Department of Parks 
and Recreation. Villa Creek Beach is located near the northern boundary 
of the Estero Bluffs property. It extends 0.3 mi (0.5 km) northwest 
along the beach from an unnamed headland 1.4 mi (2.3 km) north of Point 
Cayucos to an unnamed headland northwest of Villa Creek, and inland 
(north) for 0.25 mi (0.4 km) along Villa Creek. This subunit is an 
important breeding area that supports between 21 and 38 adults during 
the breeding season, and up to 31 nests (Larson 2003a). This area is 
also an important wintering site that supports up to 30 wintering birds 
(George 2001). It includes the following features essential to the 
species: Areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for nesting 
and foraging) and generally barren to sparsely vegetated terrain (for 
foraging and predator avoidance). Threats that may require special 
management include human disturbance, pets, horses, and predators.
Subunit CA 15B, Atascadero Beach, 144 ac (58 ha)
    This subunit is located at Morro Strand State Beach near the city 
of Morro Bay, and is managed entirely by the California Department of 
Parks and Recreation. It extends about 2.1 mi (3.4 km) north along the 
beach from Morro Creek to an unnamed rocky outcrop opposite the end of 
Yerba Buena Street at the north end of Morro Bay. This is an important 
breeding area supporting up to 40 nests each year (Larson 2003b). CA 
15B is also an important wintering area, with up to 152 wintering birds 
(Page in litt. 2004). This subunit is capable of supporting 40 breeding 
birds under proper management. It includes the following features 
essential to the species: Areas of sandy beach above and below the high 
tide line with occasional surf-cast wrack supporting small 
invertebrates (for nesting and foraging) and generally barren to 
sparsely vegetated terrain (for foraging and predator avoidance). Human 
disturbance, pets, and predators are the primary threats to plovers in 
this subunit that may require special management.
Subunit CA 15C, Morro Bay Beach, 611 ac (247 ha)
    This subunit is located at Morro Bay near Morro Rock. The majority 
of the beach is managed by the California Department of Parks and 
Recreation, while the northern tip of the sand spit is owned by the 
city of Morro Bay. It extends 6.9 mi (11.1 km) north along the beach 
from a rocky outcrop about 0.2 mi (0.3 km) north of Hazard Canyon to 
the northern tip of the sand spit. This is an important breeding area 
that supports more than 100 breeding adults (Page in litt. 2003). This 
is also an important wintering area that supports up to 148 wintering 
birds (Page in litt. 2004). This subunit is capable of supporting 110 
breeding birds under proper management. It includes the following 
features essential to the species: wind-blown sand dunes, areas of 
sandy beach above and below the high tide line with occasional surf-
cast wrack supporting small invertebrates (for nesting and foraging) 
and generally barren to sparsely vegetated terrain (for foraging and 
predator avoidance). Human disturbance, horses, pets, predators, and 
dune-stabilizing vegetation are the primary threats to plovers in this 
subunit that may require special management.
CA 16, Pismo Beach/ Nipomo Dunes, 1,269 ac (513 ha)
    This unit consists of two larger areas connected by a narrow strip 
of land below the mean high water (MHW) line. The narrow strip is all 
that remains of that part of the unit after the exclusion of Guadalupe/
Nipomo Dunes National Wildlife Refuge (see Exclusions section, below). 
The unit is located south of Grover City and Oceano and includes areas 
of Rancho Guadalupe County Park, managed by Santa Barbara County; and 
the Guadalupe Oil Field, the Oso Flaco Natural Area and Oceano Dunes 
Off-road Vehicular Recreation Area, managed by the California 
Department of Parks and Recreation. The unit extends about 12 mi (19 
km) north along the beach from a point about 0.4 mi (0.6 km) north of 
Mussel Point to a point on the north side of Arroyo Grande Creek at the 
south end of Strand Way in Oceano. This is an important breeding area 
capable of supporting between 123 and 246 breeding adults and over 300 
wintering birds (George 2001). This unit is capable of supporting 350 
breeding birds under proper management. It includes the following 
features essential to the species: Wind-blown sand dunes, areas of 
sandy beach above and below the high tide line with occasional surf-
cast wrack supporting small invertebrates (for nesting and foraging) 
and generally barren to sparsely vegetated terrain (for foraging and 
predator avoidance). This unit includes approximately 769.7 ac (311.5 
ha) of State and local land, and 498.9 ac (201.9 ha) of private land. 
CA State Parks and Santa Barbara County Parks are in the early stages 
of drafting separate HCPs for lands they manage within the unit. If 
completed by the time of the final critical habitat designation, these 
HCPs might provide a basis for further exclusions. Potential threats 
that may require special management include direct human disturbance, 
OHVs, horses, pets, and predators.

[[Page 75626]]

CA 17. Vandenberg
    This unit is located on Vandenberg Air Force Base in Santa Barbara 
County, California. It includes two subunits.
Subunit CA 17A, Vandenberg North, 626 ac (253 ha)
    This subunit is located on Vandenberg Air Force Base about 14 mi 
(22.5 km) southwest of the city of Santa Maria. It extends about 7.9 mi 
(12.7 km) north along the coast from a point along the beach 0.5 mi 
(0.8 km) south of Purisima Point to an unnamed creek or canyon 0.6 mi 
(1 km) south of Lion's Head, an area of rocky outcrops. This is an 
important breeding area that supports between 90 and 145 breeding 
adults (SRS 2003). This is also an important wintering area with up to 
265 wintering birds (Page in litt. 2004). This subunit is capable of 
supporting 250 breeding birds under proper management. It includes the 
following features essential to the species: Wind-blown sand dunes, 
areas of sandy beach above and below the high tide line with occasional 
surf-cast wrack supporting small invertebrates (for nesting and 
foraging) and generally barren to sparsely vegetated terrain (for 
foraging and predator avoidance). The subunit is entirely owned by the 
U.S. Air Force. Disturbance of nesting by humans and pets, military 
activities, predators, and the spread of dense vegetation are the 
primary threats to plovers in this subunit that may require special 
management.
Subunit CA 17B, Vandenberg South, 304 ac (123 ha)
     This subunit is located on Vandenberg Air Force Base about 9 mi 
(14.5 km) west of the city of Lompoc, and is entirely on U.S. Air Force 
land. It extends about 4.6 mi (7.4 km) north along the coast from an 
unnamed rocky outcrop 0.2 mi (0.3 km) north of Ca[ntilde]ada la Honda 
Creek to the first rock outcropping along the beach north of the Santa 
Ynez River (0.8 mi (0.3 km) north of the river). This is an important 
breeding area that supports between 10 and 97 breeding adults (SRS 
2003). This is also an important wintering area with up to 233 
wintering birds (Page in litt. 2004). This subunit is capable of 
supporting 150 breeding birds under proper management. It includes the 
following features essential to the species: Wind-blown sand dunes, 
areas of sandy beach above and below the high tide line with occasional 
surf-cast wrack supporting small invertebrates (for nesting and 
foraging) and generally barren to sparsely vegetated terrain (for 
foraging and predator avoidance). Human disturbance, military 
activities, pets, predators, and the spread of dense-growing vegetation 
are the primary threats to plovers in this subunit that may require 
special management.
CA 18, Devereaux Beach, 36 ac (15 ha)
     This unit is situated entirely on State and local land at Coal Oil 
Point, about 7 mi (11.3 km) west along the coast from the city of Santa 
Barbara. It extends about 3.1 mi (1.9 km) north along the coast from 
the western boundary of Isla Vista County Park to a point along the 
beach opposite the end of Santa Barbara Shores Drive. In recent years, 
up to 18 breeding plovers have occupied this unit (Sandoval 2004). This 
unit is also an important wintering area; three hundred and sixty birds 
were found in the area in the most recent winter survey (Page in litt. 
2004). The unit includes the following features essential to the 
species: Areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for nesting 
and foraging) and generally barren to sparsely vegetated terrain (for 
foraging and predator avoidance). Disturbance by humans and pets is the 
primary threat to snowy plovers in this unit that may require special 
management.
CA 19. Oxnard Lowlands
    This unit includes four subunits near the city of Oxnard in Ventura 
County, California. This is an important snowy plover breeding location 
for this region of the coast, as the next concentration of nesting 
snowy plovers to the south is located on Camp Pendleton Marine Corps 
Base about 100 mi (160 km) away.
Subunit CA 19A, Mandalay Beach to Santa Clara River, 350 ac (142 ha)
    This subunit is located near the city of Oxnard. It extends about 
6.1 mi (9.8 km) north along the coast from the north jetty of Channel 
Islands Harbor to a point about 0.5 mi (0.8 km) north of the Santa 
Clara River mouth. This is an important snowy plover nesting area, with 
9 to 70 birds nesting each year and is also an important wintering area 
for the plover, with up to 33 birds each winter (Page in litt. 2004). 
This subunit is capable of supporting 64 breeding birds under proper 
management. It includes the following features essential to the 
species: Wind-blown sand dunes, areas of sandy beach above and below 
the high tide line with occasional surf-cast wrack supporting small 
invertebrates (for nesting and foraging) and generally barren to 
sparsely vegetated terrain (for foraging and predator avoidance). This 
subunit includes approximately 104.5 ac (42.3 ha) of private land. The 
remaining 245.3 ac (99.3 ha) belongs to State or local agencies. 
Potential threats that may require special management include direct 
human disturbance, development, pets, and dune-stabilizing vegetation.
Subunit CA 19B, Ormond Beach, 203 ac (82 ha)
    This subunit is locatedon State lands near the cities of Port 
Hueneme and Oxnard. It extends about 2.9 mi (4.7 km) northwest along 
the coast from Arnold Road and the boundary of the Navy Base Ventura 
County, Point Mugu (NBVC) to a point about 0.5 mi (0.8 km) east of the 
south jetty of Port Hueneme. This is an important snowy plover nesting 
area for this region of the coast, as the next concentration of nesting 
snowy plovers to the south (other than the adjacent subunit CA 19C) is 
located on Camp Pendleton Marine Corps Base about 100 mi (160 km). The 
number of birds nesting within this subunit has varied from about 20 to 
34 per year (Stenzel in litt. 2004). CA 19B is also an important 
wintering area for the plover, with up to 123 birds each winter (Page 
in litt. 2004). This subunit is capable of supporting 50 breeding birds 
under proper management. It includes the following features essential 
to the species: Wind-blown sand dunes, areas of sandy beach above and 
below the high tide line with occasional surf-cast wrack supporting 
small invertebrates (for nesting and foraging) and generally barren to 
sparsely vegetated terrain (for foraging and predator avoidance). 
Although this subunit is contiguous with CA 19C to the southeast, we 
have divided the area into two subunits because the beaches within CA 
19C are managed by the NBVC. Disturbance from humans and pets is the 
primary threat that may require special management for snowy plovers in 
this subunit.
Subunit CA 19C, Mugu Lagoon North, 321 ac (130 ha)
    This subunit begins immediately adjacent to subunit CA 19B, at the 
northern coastal boundary of Navy Base Ventura County, Pt Mugu (NBVC), 
and extends about 3.3 mi (5.3 km) southeast. Surveys have generally 
provided information for the entire ``Mugu Lagoon Beach'' area, so 
plover population information provided here for CA 19C applies to CA 
19D as well. The number of birds nesting in the area has varied from 
about 40 to 80 per year (Stenzel in litt. 2004). CA 19C and 19D are 
also important wintering areas for the plover, with up to 62 birds each 
winter (Page in litt. 2004). CA 19C and 19D are capable of supporting 
110

[[Page 75627]]

breeding birds under proper management. They include the following 
features essential to the species: Areas of sandy beach above and below 
the high tide line with occasional surf-cast wrack supporting small 
invertebrates (for nesting and foraging) and generally barren to 
sparsely vegetated terrain (for foraging and predator avoidance). CA 
19C encompasses approximately 321 ac (130 ha), all of which are owned 
by the U.S. Air Force. CA 29C is located entirely within the boundaries 
of the NBVC. Important threats that may require special management 
include direct human disturbance, military activities, and predators.
Subunit CA 19D, Mugu Lagoon South, 87 ac (35 ha)
    This subunit includes the southern spit of land marking the coastal 
boundary of Mugu Lagoon, and extends southeast along the coast for 
about 1.7 mi (2.7 km). It is almost entirely on Naval Base Ventura 
County, Pt Mugu (NBVC) property, except for 18.3 ac (7.4 ha) at its 
southern end, which extends into Pt Mugu State Park, owned by the 
California Department of Parks and Recreation. Because surveys have 
commonly treated CA 19C and 19D as a single unit, plover population 
information for both subunits is provided in the narrative for CA 19C 
above.
CA 20, Zuma Beach, 68 ac (28 ha)
    This unit is located about 8 mi (3.2 km) west of the city of 
Malibu. It extends about 2.8 mi (4.5 km) north along the coast from the 
north side of Point Dume to the base of Trancas Canyon. This unit is an 
important wintering location for the plover, with 130 birds surveyed in 
January, 2004 (Page in litt. 2004). It includes the following essential 
features: areas of sandy beach above and below the high tide line with 
occasional surf-cast wrack supporting small invertebrates (for 
foraging) and generally barren to sparsely vegetated terrain (for 
foraging and predator avoidance). This unit encompasses approximately 
60 ac (24.3 ha) of CA State Parks lands, and 8 ac (3.2 ha) of privately 
owned land. Direct human disturbance, development, horses, and pets are 
the primary threats to snowy plovers in this unit that may require 
special management.
CA 21, Santa Monica Bay
    This unit includes four subunits in Santa Monica Bay, Los Angeles 
County, California.
Subunit CA 21A, Santa Monica Beach, 25 ac (10 ha)
    This subunit is on the west coast of Los Angeles County, 
immediately west of the City of Santa Monica. It stretches roughly 0.9 
miles (1.4 km) from Montana Avenue to the mouth of Santa Monica Canyon. 
This location includes the following essential habitat features: A wide 
sandy beach with occasional surf-cast wrack supporting small 
invertebrates. It supported a wintering flock of 32 plovers in 2004 
(Page in litt. 2004), and annually supports a significant wintering 
flock of plovers in a location with high quality breeding habitat. The 
subunit consists of 25 ac (10 ha), of which 6 ac (2.4 ha) are owned by 
the CA State Parks, and 19 acres (7.7 ha) are private. The primary 
threats that may require special management in this subunit are 
disturbance from human recreational use, as well as beach raking, which 
removes the wrack line and reduces food resources.
Subunit CA 21B, Dockweiler North, 43 ac (17 ha)
    This subunit is located immediately west of the Los Angeles 
International Airport, south of Ballona Creek and west of the El 
Segundo Dunes. It stretches roughly 0.5 miles (0.8 km) centered at 
Sandpiper Street. Essential habitat features (PCEs) in the subunit 
include a wide sandy beach with occasional surf-cast wrack supporting 
small invertebrates. This subunit, in conjuction with subunits 21C and 
21D, annually supports a significant wintering flock of plovers in a 
location with high quality breeding habitat (Page in litt. 2004). It is 
entirely owned by the California Department of Parks and Recreation. 
The primary threats that may require special management are disturbance 
from human recreational use, as well as beach raking, which removes the 
wrack line and reduces food resources.
Subunit CA 21C, Dockweiler South, 24 ac (10 ha)
    This subunit is located immediately west of the City of El Segundo 
and the Hyperion Wastewater Treatment Plant. It stretches roughly 0.7 
miles (1.1 km) centered at Grand Avenue. This location includes the 
following essential habitat features: A wide sandy beach with 
occasional surf-cast wrack supporting small invertebrates. In 
conjuction with subunits 21B and 21D it annually supports a significant 
wintering flock of plovers in a location with high quality breeding 
habitat (Page in litt. 2004). This subunit consists of 24 acres (9.7 
ha), of which 13 acres (5.3 ha) are owned by the California Department 
of Parks and Recreation, and 11 acres (4.5 ha) are privately owned. The 
primary threats that may require special management in this subunit are 
disturbance from human recreational use, as well as beach raking, which 
removes the wrack line and reduces food resources.
Subunit CA 21D, Hermosa State Beach, 10 ac (4 ha)
    This subunit is located immediately west of the City of Hermosa 
Beach. This subunit stretches roughly 0.25 miles (0.4 km) from 2nd 
Street to 6th Street. This location includes a wide sandy beach with 
occasional surf-cast wrack supporting small invertebrates. This 
location contained a wintering flock of 33 plovers in 2004, and 43 in 
2003 (Clark in litt. 2004; Page in litt. 2004). In conjunction with 
subunits 21B and 21C it annually supports a large and significant 
wintering flock of plovers. This subunit consists of 10 acres (4 ha), 
all of which are owned by the California Department of Parks and 
Recreation. The primary threats that may require special management in 
this subunit are disturbance from human recreational use, as well as 
beach raking, which removes the wrack line and reduces food resources.
CA 22, Bolsa Chica Area
    This unit includes two subunits in the vicinity of the Bolsa Chica 
wetlands in Orange County, California. The first of these subunits 
includes essential habitat in the wetlands themselves, while the second 
comprises a small area of beach immediately adjacent.
Subunit CA 22A, Bolsa Chica Reserve, 591 ac (239 ha)
    This subunit is located immediately west of the City of Huntington 
Beach and east of the Pacific Coast Highway. It contains the following 
essential habitat features: Tidally influenced estuarine mud flats 
supporting small invertebrates, and seasonally dry ponds that provide 
nesting and foraging habitat for snowy plovers. This location supported 
31 breeding adult plovers in 2003, and 38 in 2002 (Page in litt. 2003). 
This subunit annually supports one of the largest breeding populations 
of snowy plovers in the region, and contributes significantly to the 
conservation goal for the region by providing habitat capable of 
supporting 50 breeding birds under proper management. This subunit 
consists of 591 acres (239.2 ha), all of which are privately owned. The 
primary threat that may require special management in this subunit is 
egg and chick predation. This site, an abandoned oil field, is

[[Page 75628]]

planned to undergo significant reconstruction and restoration, which 
should greatly increase the available breeding habitat for snowy 
plovers
Subunit CA 22B, Huntington State Beach, 4 ac (2 ha)
    This subunit is located immediately west of the City of Huntington 
Beach and south of CA 22A. It stretches roughly 0.26 miles (0.4 km) 
from Seapoint Avenue north to the future lagoon mouth channel into 
Bolsa Chica Ecological Reserve. This location includes the following 
essential habitat features: a wide sandy beach with occasional surf-
cast wrack supporting small invertebrates. The subunit contained a 
wintering flock of 11 plovers in 2004 (Page in litt. 2004), and 
annually supports a significant wintering flock of plovers in a 
location with high quality breeding habitat. This subunit consists of 
12 ac (4.9 ha) owned by the California Department of Parks and 
Recreation and 1 ac (0.4 ha) that is privately owned. The primary 
threats that may require special management in this subunit are 
disturbance from human recreational use, as well as beach raking, which 
removes the wrack line and reduces food resources.
CA 23, Santa Ana River Mouth, 13 ac (5 ha)
    This unit is on the west coast of Orange County, immediately west 
of the City of Huntington Beach. It includes the following essential 
habitat features: a wide sandy beach with surf-cast wrack supporting 
small invertebrates, and tidally influenced estuarine mud flats that 
provide nesting and foraging habitat for snowy plovers. This site 
contains a large breeding colony of California Least Terns and has also 
supported breeding snowy plovers. This unit is the only beach front 
location in Orange County that supports adult plovers through the 
breeding season (see Criterion 3 above). The entire unit is owned by 
the California Department of Parks and Recreation. The primary threat 
that may require special management in this unit is disturbance from 
human recreational use.
CA 24, San Onofre Beach, 58 ac (24 ha)
    This unit is on the west coast of San Diego County, at the 
northwest corner of Marine Corps Base Camp Pendleton. This unit 
stretches roughly 1.4 miles (2.2 km) from the mouth of San Mateo Creek 
to the mouth of San Onofre Creek and includes the following essential 
habitat features: a wide sandy beach with occasional surf-cast wrack 
supporting small invertebrates. This location contained a wintering 
flock of 14 plovers in January, 2004, with 60 recorded in January, 2003 
(Clark in litt. 2004, Page in litt. 2004). This unit annually supports 
a large and significant wintering flock of plovers (Page in litt. 2004) 
and contributes significantly to the conservation goal for the region 
by providing habitat capable of supporting 15 breeding birds under 
proper management. The unit consists of 58 acres (23.5 ha), of which 46 
ac (18.6 ha) are owned by the California Department of Parks and 
Recreation, 3 ac (1.2 ha) are owned by the Department of Defense, and 9 
ac (3.6 ha) are privately owned. The primary threat that may require 
special management in this unit is disturbance from human recreational 
use.
CA 25 (A, B and C), Batiquitos Lagoon, 65 ac (26 ha)
    This unit is on the west coast of San Diego County, between the 
cities of Carlsbad and Encinitas. This unit includes three subunits 
that make up the breeding islands created for nesting seabirds and 
shorebirds during restoration of the lagoon in 1996. Also included is a 
portion of South Carlsbad State Beach that supports a significant 
wintering population of plovers. This unit includes the following 
essential habitat features: sandy beaches and tidally influenced 
estuarine mud flats with tide-cast organic debris supporting small 
invertebrates. This location contained a wintering flock of 82 plovers 
in 2004 (Page in litt. 2004). Nineteen breeding adults were recorded 
during the 2003 window survey (Page in litt. 2003). This unit annually 
supports a large and significant wintering flock of plovers, and 
contributes significantly to the conservation goal for the region by 
providing habitat capable of supporting 70 breeding birds under proper 
management. This unit consists of a total of 65 acres (26 ha), of which 
9 acres (4 ha) are owned by the California Department of Parks and 
Recreation, 21 acres (8 ha) are owned by the California Department of 
Fish and Game, and 35 acres (14 ha) are non-public. The primary threats 
that may require special management in this unit are egg and chick 
predation, as well as disturbance from human recreational use at South 
Carlsbad State Beach.
CA 26, Los Penasquitos, 24 ac (10 ha)
    This unit is located in San Diego County, immediately south of the 
City of Del Mar. It includes a portion of Torrey Pines State Beach that 
supports a significant wintering population of plovers. Essential 
habitat features supported by the unit include a wide sandy beach with 
occasional surf-cast wrack supporting small invertebrates, as well as 
tidally influenced estuarine mud flats with tide-cast organic debris. 
This location contained a wintering flock of 21 plovers in 2004, and 39 
in 2003 (Clark in litt. 2004, Page in litt. 2004). This unit annually 
supports a large and significant wintering flock of plovers, and 
contributes significantly to the conservation goal for the region by 
providing habitat capable of supporting ten breeding birds under proper 
management. The unit consists of 24 acres (10 ha), all of which are 
owned by the California Department of Parks and Recreation. The primary 
threat that may require special management in this unit is disturbance 
from human recreational use.
CA 27, South San Diego Beaches
    This unit includes six subunits in south San Diego County, 
California. Four of these subunits are on the Pacific coast, extending 
southwards from the mouth of San Diego Bay. The remaining two subunits 
(27D and 27E) are located in the San Diego Bay itself while a sixth 
subunit (27E) is in San Diego Bay itself.
Subunits CA 27A and CA 27B, North Island/Coronado, 185 ac (75 ha)
    These two subunits are separated by a narrow stream outlet and will 
be considered together here. They are located immediately west of the 
City of Coronado. The two subunits stretch roughly 2.5 miles (4 km) 
from Zuniga Point to the south end of Coronado City Beach. They include 
the following essential habitat features: A wide sandy beach with 
occasional surf-cast wrack supporting small invertebrates, as well as 
wind-blown sand in dune systems immediately inland of the active beach 
face. This location contained a wintering flock of 37 plovers in 
January, 2004 (Page in litt. 2004). Biologists also recorded 17 
breeding adults during the 2003 window survey (Page in litt. 2003). 
These subunits annually support a large and significant wintering flock 
of plovers, and contribute significantly to the conservation goal for 
the region by providing habitat capable of supporting 20 breeding birds 
under proper management. CA 27A consists of 117 ac (47 ha), while CA 
27B is comprised of 68 ac (28 ha). Both subunits are entirely on land 
owned by the Department of Defense. The primary threats that may 
require special management in these subunits are disturbance from human 
recreational use and military activities, as well as beach raking, 
which removes the wrack line and reduces food resources.

[[Page 75629]]

Subunit CA 27C, Silver Strand, 174 ac (70 ha)
    This subunit is located immediately south of the City of Coronado. 
It stretches roughly 3.5 miles (5.6 km) along the Pacific coast side of 
the Silver Strand, from the southern end of NAB Coronado to the south 
end of the Naval Radio Receiving Facility. The essential habitat 
features of this subunit include a wide sandy beach with occasional 
surf-cast wrack supporting small invertebrates, as well as wind-blown 
sand in dune systems immediately inland of the active beach face. In 
conjunction with excluded habitat on NAB Coronado (see Exclusions, 
below) this location contained wintering flocks totaling 56 plovers in 
2004 (Page in litt. 2004). Fifty eight breeding adults were recorded 
during the 2003 window survey (Page in litt. 2003). This subunit 
annually supports a large and significant wintering flock of plovers 
(Page in litt. 2004), and will contribute significantly to the recovery 
goal for the region by supporting 65 breeding birds under proper 
management. The subunit consists of 174 ac (70 ha), of which 75 ac (30 
ha) are owned by the U.S. Department of Defense (Navy), 96 ac (39 ha) 
are owned by the California Department of Parks and Recreation, and 3 
ac (1 ha) are non-public land. The primary threat that may require 
special management in this unit is disturbance from human recreational 
use and military training, as well as egg and chick predation.
Subunit CA 27D, Delta Beach, 85 ac (35 ha)
    This subunit is located immediately south of the City of Coronado 
on the west side of San Diego Bay. It includes the following essential 
habitat features: sandy beaches above and below mean high tide line and 
tidally influenced estuarine mud flats with tide-cast organic debris 
that provide nesting and foraging habitat for snowy plovers. This 
location contained a wintering flock of 32 plovers in 2004 (Page in 
litt. 2004). It annually supports a large and significant wintering 
flock of plovers, and contributes significantly to the conservation 
goal for the region by providing habitat capable of supporting 10 
breeding birds under proper management. This subunit consists of 85.3 
acres (34.5 ha), all of which are owned by the Department of Defense. 
The primary threat that may require special management in this subunit 
is egg and chick predation.
Subunit CA 27E, Sweetwater National Wildlife Refuge, 128 ac (52 ha)
    This subunit is located immediately west of the City of Chula Vista 
on the east side of San Diego Bay. It includes the following essential 
habitat features: Sandy beaches above and below mean high tide line and 
tidally influenced estuarine mud flats that provide nesting and 
foraging habitat for snowy plovers. This location contained a wintering 
flock of 36 plovers in 2004 (Page in litt. 2004). It annually supports 
a large and significant wintering flock of plovers, and contributes 
significantly to the conservation goal for the region by providing 
habitat capable of supporting 20 breeding birds under proper 
management. This subunit consists of 128 ac (51.8 ha), of which 77 ac 
(31.2 ha) are owned by the U.S. Fish and Wildlife Service, and 51 ac 
(20.6 ha) are privately owned. The primary threat that may require 
special management in this subunit is egg and chick predation.
Subunit CA 27F, Tijuana River Beach, 182 ac (74 ha)
    This subunit is located immediately south of the City of Imperial 
Beach. It stretches roughly 2.3 miles (3.7 km) from the end of Seacoast 
Drive to the U.S./Mexico border. This location includes the following 
essential habitat features: A wide sandy beach with occasional surf-
cast wrack supporting small invertebrates, as well as tidally 
influenced estuarine mud flats with tide-cast organic debris supporting 
small invertebrates for foraging. This subunit contained wintering 
flocks totaling 93 plovers in 2004 (Page in litt. 2004). It also 
supported at least 12 breeding adults in 2003, as indicated by the 2003 
window survey (Page in litt. 2003). This subunit annually supports a 
large and significant wintering flock of plovers, and contributes 
significantly to the conservation goal for the region by providing 
habitat capable of supporting 40 breeding birds under proper 
management. The subunit is 182.4 ac (73.8 ha), of which 76 acres (30.8 
ha) are owned by the California Department of Parks and Recreation, 83 
acres (34 ha) are owned by the U.S. Fish and Wildlife Service, 22 acres 
(8.9 ha) are non-public, and 1.4 acres (0.5 ha) are owned by the 
Department of Defense. The primary threats that may require special 
management in this unit are disturbance from human recreational use and 
predation of chicks and eggs.

Effects of Critical Habitat Designation

Section 7 Consultation

    The regulatory effects of a critical habitat designation under the 
Act are triggered through the provisions of section 7, which applies 
only to activities conducted, authorized, or funded by a Federal agency 
(Federal actions). Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR 402. 
Individuals, organizations, States, local governments, and other non-
Federal entities are affected by the designation of critical habitat 
only if their actions occur on Federal lands, require a Federal permit, 
license, or other authorization, or involve Federal funding.
    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to insure that their actions are not likely to jeopardize the 
continued existence of a listed species or result in the destruction or 
adverse modification of designated critical habitat. This requirement 
is met through section 7 consultation under the Act. Our regulations 
define ``jeopardize the continued existence of'' as to engage in an 
action that reasonably would be expected, directly or indirectly, to 
reduce appreciably the likelihood of both the survival and recovery of 
a listed species in the wild by reducing the reproduction, numbers, or 
distribution of that species (50 CFR 402.02). ``Destruction or adverse 
modification of designated critical habitat'' is defined as a direct or 
indirect alteration that appreciably diminishes the value of the 
critical habitat for both the survival and recovery of the species (50 
CFR 402.02). Such alterations include, but are not limited to, adverse 
changes to the physical or biological features, i.e., the primary 
constituent elements, that were the basis for determining the habitat 
to be critical. We are currently reviewing the regulatory definition of 
adverse modification in relation to the conservation of the species.
    Section 7(a)(4) of the Act requires Federal agencies to confer with 
us on any action that is likely to jeopardize the continued existence 
of a proposed species or result in destruction or adverse modification 
of proposed critical habitat. Conference reports provide conservation 
recommendations to assist Federal agencies in eliminating conflicts 
that may be caused by their proposed actions. The conservation measures 
in a conference report are advisory.
    We may issue a formal conference report, if requested by the 
Federal action agency. Formal conference reports include an opinion 
that is prepared according to 50 CFR 402.14, as if the species was 
listed or critical habitat designated. We may adopt the formal

[[Page 75630]]

conference report as the biological opinion when the species is listed 
or critical habitat designated, if no substantial new information or 
changes in the action alter the content of the opinion (50 CFR 
402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. Through this consultation, the 
Federal action agency would ensure that the permitted actions do not 
destroy or adversely modify critical habitat.
    If we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also provide ``reasonable and prudent alternatives'' to the 
project, if any are identifiable. Reasonable and prudent alternatives 
are defined at 50 CFR 402.02 as alternative actions identified during 
consultation that can be implemented in a manner consistent with the 
intended purpose of the action, that are consistent with the scope of 
the Federal agency's legal authority and jurisdiction, that are 
economically and technologically feasible, and that the Service's 
Regional Director believes would avoid the likelihood of jeopardizing 
the continued existence of listed species or resulting in the 
destruction or adverse modification of critical habitat. Reasonable and 
prudent alternatives can vary from slight project modifications to 
extensive redesign or relocation of the project. Costs associated with 
implementing a reasonable and prudent alternative are similarly 
variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions under certain 
circumstances, including instances where critical habitat is 
subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation or a conference with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat, or adversely modify or destroy proposed critical 
habitat.
    Federal activities that may affect the Pacific Coast WSP or its 
critical habitat will require consultation under section 7. Activities 
on private, State, or county lands, or lands under local jurisdictions 
requiring a permit from a Federal agency, such as Federal Highway 
Administration or Federal Emergency Management Act funding, or a permit 
from the Corps under section 404 of the Clean Water Act, will continue 
to be subject to the section 7 consultation process. Federal actions 
not affecting listed species or critical habitat, and actions on non-
Federal lands that are not federally funded, authorized, or permitted, 
do not require section 7 consultations.
    Section 4(b)(8) of the Act requires us to evaluate briefly and 
describe, in any proposed or final regulation that designates critical 
habitat, those activities involving a Federal action that may 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 an extent 
that the value of critical habitat for both the survival and recovery 
of Pacific Coast WSP is appreciably reduced. We note that such 
activities also may jeopardize the continued existence of the species.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may adversely affect critical habitat for the Pacific 
Coast WSP include, but are not limited to:
    (1) Actions and management efforts affecting Pacific Coast WSP on 
Federal lands such as national seashores, parks, and wildlife reserves;
    (2) Dredging and dredge spoil placement that permanently removes 
PCEs to the extent the essential biological function of plovers are 
affected for the foreseeable future;
    (3) Construction and maintenance of roads, walkways, marinas, 
access points, bridges, culverts and other structures which interfere 
with plover nesting, breeding, or foraging or produce increases in 
predation;
    (4) Stormwater and wastewater discharge from communities;
    (5) Flood control actions that change the PCEs to the extent that 
the habitat no longer contributes to the conservation of the species.
    It is important to note that while all lands proposed for 
designation as critical habitat are within the historical geographic 
area occupied by the species, and are likely to be used by the Pacific 
Coast WSP habitat whether for foraging, breeding, growth of juveniles, 
dispersal, migration or sheltering. Some of these lands are currently 
subject to activities identified as potentially adversely modifying the 
critical habitat. To the extent the activities currently take place on 
designated land, those activities do not adversely modify the habitat. 
We consider all lands included in this designation to be essential to 
the conservation of the species. Federal agencies already consult with 
us on activities in areas currently occupied by the species, or if the 
species may be affected by the action, to ensure that their actions do 
not jeopardize the continued existence of the species.
    If you have questions regarding whether specific activities will 
constitute destruction or adverse modification of critical habitat, 
contact the Field Supervisor, Sacramento Fish and Wildlife Office (see 
ADDRESSES section). Requests for copies of the regulations on listed 
wildlife and plants and inquiries about prohibitions and permits may be 
addressed to the Field Supervisor, Sacramento Fish and Wildlife Office 
(see ADDRESSES section)

Application of Section 3(5)(A) and 4(a)(3) and Exclusions Under Section 
4(b)(2) of the Act

    Section 3(5)(A) of the Act defines critical habitat as the specific 
areas within the geographic area occupied by the species on which are 
found those physical and biological features (I) essential to the 
conservation of the species and (II) which may require special 
management considerations or protection. Therefore, areas within the 
geographic area occupied by the species that do not contain the 
features essential for the conservation of the species are not, by 
definition, critical habitat. Similarly, areas within the geographic 
area occupied by the species that do not require special management 
also are not, by definition, critical habitat. To determine whether an 
area requires special management, we first determine if the essential 
features located there generally require special management to address 
applicable threats. If those features do not require special 
management, or if they do in general but not for the particular area in 
question because of the existence of an adequate management plan or for 
some other reason, then the area does not require special management.
    Generally, we consider a current plan to provide adequate 
management or protection if it is complete and provides a conservation 
benefit to the species and is reasonably certain of being implemented 
that those responsible for implementing the plan are capable of 
accomplishing the objectives, and have an implementation schedule or 
adequate funding for implementing the

[[Page 75631]]

management plan); and the plan provides a basis for the conservation 
strategies adopted and their effectiveness (i.e., it identifies 
biological goals, has provisions for reporting progress, and is of a 
duration sufficient to implement the plan and achieve the plan's goals 
and objectives).
    Section 318 of the fiscal year 2004 National Defense Authorization 
Act (Pub. L. No. 108-136) amended the Act to address the relationship 
of Integrated Natural Resources Management Plans (INRMPs) to critical 
habitat by adding a new section 4(a)(3)(B). This provision prohibits 
the Service from designating as critical habitat any lands or other 
geographical areas owned or controlled by the Department of Defense, or 
designated for its use, that are subject to an INRMP prepared under 
section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary of the 
Interior determines in writing that such plan provides a benefit to the 
species for which critical habitat is proposed for designation.
    Further, section 4(b)(2) of the Act states that critical habitat 
shall be designated, and revised on the basis of the best scientific 
data available after taking into consideration the economic impact, the 
impact on national security, and any other relevant impact of 
specifying any particular area as critical habitat. An area may be 
excluded from critical habitat if it is determined, following an 
analysis, that the benefits of such exclusion outweigh the benefits of 
specifying a particular area as critical habitat, unless the failure to 
designate such area as critical habitat will result in the extinction 
of the species.
    In our critical habitat designations we may use both the provisions 
outlined in sections 3(5)(A) and 4(b)(2) of the Act to evaluate those 
specific areas that we are considering proposing to designate as 
critical habitat, as well as for those areas that are formally proposed 
for designation as critical habitat. Lands we have found do not meet 
the definition of critical habitat under section 3(5)(A), and lands 
excluded pursuant to section 4(b)(2), include those covered by the 
following types of plans if they provide assurances that the 
conservation measures they outline will be implemented and effective: 
(1) Legally operative HCPs that cover the species; (2) draft HCPs that 
cover the species and have undergone public review and comment; (3) 
Tribal conservation plans that cover the species; (4) State 
conservation plans that cover the species; and (5) National Wildlife 
Refuge System Comprehensive Conservation Plans. We note that additional 
areas may also be considered for exclusion in the final rule and that 
any exclusions made in the final rule will be the result of a 
consideration of new information received, including consideration of 
all comments received and the findings of the economic and NEPA 
analyses.

Exclusions

    We have considered and excluded ten entire units and portions of 
two other units from this proposal, based on the three provisions of 
the Act discussed above.

Section 4(a)(3)

    Under section 4(a)(3) of the Act (resource management plans on 
military land), we are excluding one entire unit, consisting of 534 ac 
(212 ha) of beach habitat on San Nicholas Island, in Ventura County, 
California. This area, corresponding roughly to location CA-100 in our 
Draft Recovery Plan, is owned by the U.S. Navy, and contains habitat 
capable of supporting 150 breeding plovers with proper management. We 
base the exclusion of this unit on a completed INRMP addressing plover 
management for the area which has received a concurring biological 
opinion from us during formal consultation under section 7 of the Act.

Section 3(5)(A) and Section 4(b)(2)

    Under a combination of sections 3(5)(A) (special management) and 
4(b)(2) (benefits comparison), we are excluding one entire unit in San 
Diego, California, as well as portions of two other units in Monterey 
and San Louis Obispo counties, California. The San Diego unit consists 
of 23 ac (9.3 ha) at the mouth of the San Diego Flood Control Channel, 
within area CA-126 in our Draft Recovery Plan (Service 2001). This area 
falls within the bounds of an approved subarea plan established under 
the San Diego Multiple Species Conservation Program (MSCP), a regional 
HCP encompassing more than 236,000 ha (582,000 ac) and involving the 
City and County of San Diego and numerous other local governments. The 
MSCP provides for the establishment of approximately 69,573 ha (171,000 
ac) of preserve areas for 85 federally listed and sensitive species, 
including the Pacific Coast WSP. This regional HCP is also a regional 
subarea plan under the NCCP program and is being developed in 
cooperation with California Department of Fish and Game.
    On the basis of the conservation benefits afforded the Pacific 
Coast WSP from the measures of the approved subarea plans of the MSCP 
and the provisions of section 4(b)(2) of the Act, we have excluded from 
proposed critical habitat those lands determined to be essential to the 
conservation of the Pacific Coast WSP that are within the boundaries of 
the approved subareas of the MSCP. We have further determined that the 
exclusion of these areas from critical habitat would not result in the 
extinction of the Pacific Coast WSP. The rationale for this 
determination is detailed below.
    We are also excluding those portions of units CA 17 and CA 23 that 
fall within the Salinas River National Wildlife Refuge (NWR) and the 
Guadalupe-Nipomo Dunes NWR respectively. The Salinas River NWR has 
completed a Comprehensive Conservation Plan (CCP) that addresses 
plovers, while the Guadalupe-Nipomo Dunes NWR has completed a plover 
management plan. Both plans have undergone section 7 review, and 
provide a conservation benefit to the species. The amounts of land 
excluded are 142 ac (57.5 ha) at Salinas River NWR, and 234 ac (94.7 
ha) at Guadalupe-Nipomo Dunes NWR.
    The three essential habitat areas discussed above do not meet the 
definition of critical habitat under section 3(5)(A) of the Act because 
management plans already in place are adequate, and no special 
management will be required. We are simultaneously excluding them under 
section 4(b)(2) of the Act because, given the existence of approved 
management plans, the benefits of exclusion outweigh the benefits of 
inclusion.
(1) Benefits of Inclusion
    The benefits of including areas in a critical habitat designation 
which are covered by approved HCPs, NCCP/HCPs, CCPs or species-specific 
NWR management plans are normally small. The principal benefit of any 
designated critical habitat area is that federally funded or authorized 
activities in such habitat, that may affect it, require consultation 
under section 7 of the Act. Such consultation would help ensure the 
provision of adequate protection to avoid adverse modification or 
destruction of the critical habitat. Where approved management plans 
are in place, our experience indicates that this benefit is small or 
non-existent. The section 7 consultation process for approved and 
permitted management plans helps assure that such plans are crafted to 
ensure the long-term survival and conservation of listed and covered 
species and the protection of their essential habitat within the plan 
area. Where we have approved such plans, areas located within plan 
boundaries that we ordinarily would designate as critical habitat for a 
listed species will

[[Page 75632]]

be protected through creation of habitat reserves or through other 
conservation methods. Such approved plans include habitat management 
measures and protections for conservation lands designed to protect, 
restore, and enhance their value as habitat for covered species.
    Another possible benefit to including these lands is that the 
designation of critical habitat can serve to educate landowners and the 
public regarding the potential conservation value of an area. This may 
focus and contribute to conservation efforts by other parties by 
clearly delineating areas of high conservation value for certain 
species. However, NWR lands typically are already understood by the 
public to have a high conservation value, while the HCP or NCCP/HCP 
development process for non-Federal lands typically involves extensive 
public outreach and opportunity for public review, thereby 
accomplishing the same public education function as might critical 
habitat designation.
(2) Benefits of Exclusion
    The benefits of excluding areas protected by HCPs, NCCP/HCPs, or 
other approved management plans include relieving landowners, 
communities, and counties of any additional regulatory burden that 
might be imposed by critical habitat. This benefit is particularly 
compelling because we have made the determination that once an HCP, 
NCCP/HCP, or other approved management plan is negotiated and approved 
by us after public comment, activities consistent with the plan will 
satisfy the requirements of the Act. Many such management plans can 
take years to develop, but are considered worth the effort due in part 
to the streamlining of regulatory compliance that such plans can 
produce. The imposition of an additional regulatory layer of review 
after the completion of such plans may therefore jeopardize 
conservation efforts and partnerships in many areas, and could be 
viewed as a disincentive to the development of such plans. By excluding 
areas protected by such management plans, we also afford greater 
regulatory certainty, and encourage the involvement and development of 
conservation partnerships with entities such as local governments, 
private conservation organizations, and private landowners.
    Another benefit of excluding HCPs or NCCP/HCPs is that it would 
encourage the continued development of partnerships with HCP or NCCP/
HCP participants, including States, local governments, conservation 
organizations, and private landowners, that together can implement 
conservation actions we would be unable to accomplish. By excluding 
areas covered by HCPs or NCCP/HCPs from critical habitat designation, 
we clearly maintain our commitments, preserve these partnerships, and, 
we believe, set the stage for more effective conservation actions in 
the future.
    In addition, an approved management plan must undergo consultation 
pursuant to section 7 of the Act. While this consultation will not 
include a formal evaluation of the plan's potential to adversely modify 
critical habitat unless critical habitat has already been designated 
within the proposed plan area, it will carefully analyze the effects of 
the plan on essential habitat areas as part of its jeopardy analysis 
under section 7 of the Act and (for HCPs or NCCP/HCPs) as part of its 
evaluation of the adequacy of the plan under section 10 of the Act. 
Because virtually all such plans are developed to minimize and mitigate 
the impacts of take (as defined in the Act) of covered species 
resulting from habitat loss within the plan area, a fundamental goal of 
these plans is to identify and protect habitat essential to the covered 
species while directing development to non-habitat or lower-quality 
habitat areas. Thus, the plan's effectiveness in protecting essential 
habitat within the plan boundaries will have been thoroughly addressed 
in the management plan itself, and consulted upon. Future Federal 
actions that may affect listed species would continue to require 
consultation under section 7 of the Act.
    Further, HCPs typically provide for greater conservation benefits 
to a covered species than consultations pursuant to section 7 of the 
Act because HCPs assure the long-term protection and management of a 
covered species and its habitat, and funding for such management 
through the standards found in the 5 Point Policy for HCPs (64 FR 
35242) and the HCP No Surprises regulation (63 FR 8859). Such 
assurances are typically not provided by consultations under section 7 
of the Act that, in contrast to HCPs, often do not commit the project 
proponent to long-term special management or protections. Thus, a 
consultation typically does not accord the lands it covers the 
extensive benefits an HCP or NCCP/HCP provides. The development and 
implementation of an HCP or NCCP/HCP provides other important 
conservation benefits, including the development of biological 
information to guide conservation efforts and assist in species 
conservation, and the creation of innovative solutions to conserve 
species while allowing for development.
(3) The Benefits of Exclusion Outweigh the Benefits of Inclusion
    In general, we find that the benefits of critical habitat 
designation for the Pacific Coast WSP on lands covered by the approved 
HCP that protects this population, or on NWR lands with approved CCPs 
or plover management plans, are small while the benefits of excluding 
such lands from designation of critical habitat are substantial. After 
weighing the small benefits of including these lands against the much 
greater benefits derived from exclusion, including encouraging the 
pursuit of additional conservation partnerships, we are excluding lands 
within approved sub-areas of the San Diego MSCP, and within the Salinas 
River and Guadalupe-Nipomo Dunes NWRs, from proposed critical habitat 
for the Pacific Coast WSP.
    We find that the above-mentioned management plans adequately 
protect essential Pacific Coast WSP habitat within their boundaries and 
provide appropriate management to maintain and enhance the long-term 
value of such habitat. The education benefits of critical habitat 
designation have been achieved through the public outreach and notice 
and comment procedures required prior to approval of these plans. For 
these reasons, we find that designation of critical habitat has little 
benefit in areas covered by these plans, and that such benefits are 
outweighed by the benefits of maintaining proactive partnerships with 
plan participants and encouraging additional conservation partnerships 
that will result from exclusion of essential habitat in these plan 
areas. We also find that the exclusion of these lands from proposed 
critical habitat will not result in the extinction of the Pacific Coast 
WSP, nor hinder its recovery because these plans have already been 
evaluated under section 7 of the Act to ensure that their 
implementation will not jeopardize the continued existence of the 
Pacific Coast WSP.

Exclusions Under Section 4(b)(2) Alone

(A) Exclusions of Military Lands

    We are also excluding under section 4(b)(2) three units on military 
lands based on letters we have received from the base commanders 
establishing that the areas are used for military training. All of 
these bases are in San Diego County, California. Two of the excluded 
units, 79 ac (32 ha) and 428 ac (173 ha) in size respectively, are on 
Marine Corps Base Camp Pendleton (MCBCP)

[[Page 75633]]

(roughly corresponding to areas CA-114 and 115 in the Draft Recovery 
Plan) (Service 2001), while the third (219 ac, 88.6 ha) is on Naval 
Amphibious Base Coronado (NABC) (CA-128 in the Draft Recovery Plan). 
Based on the following analysis, we find that after taking into account 
the impact on national security, the benefit of excluding these units 
outweighs the benefit of including them.
(1) Benefits of Inclusion
    The primary effect of designating any particular area as critical 
habitat is the requirement for Federal agencies to consult with us 
pursuant to section 7 of the Act to ensure actions they carry out, 
authorize, or fund do not destroy or adversely modify designated 
critical habitat. Absent critical habitat designation, Federal agencies 
remain obligated under section 7 to consult with us on actions that may 
affect a federally listed species to ensure such actions do not 
jeopardize the species' continued existence. The Marine Corps routinely 
consults with us for activities on MCBCP that may affect federally 
listed species to ensure that the continued existence of such species 
are not jeopardized. The Navy does the same for activities on NABC.
    Designation of critical habitat may also provide educational 
benefits by informing land managers of areas essential to the 
conservation of the Pacific Coast WSP. In this case such educational 
value would be minimal, since the areas of essential habitat correspond 
closely to areas identified as important in the Draft Recovery Plan 
(CA-114, CA-115, and CA-128 Service 2001). Additionally, NABC was 
designated as critical habitat for the Pacific Coast WSP in our 
original designation (Service 1999).
(2) Benefits of Exclusion
    The Marine Corps Base, Camp Pendleton is an amphibious training 
base that promotes combat readiness for military forces and is the only 
Marine Corps facility on the West Coast where amphibious operations can 
be combined with air, sea, and ground assault training activities year-
round. The Naval Amphibious Base Coronado and its adjacent beaches 
provide training for Navy SEALs, amphibious insertion and other small 
units. It is one of only two amphibious training bases in the United 
States.
    Designation of critical habitat in mission-essential training areas 
at either base would trigger a requirement for the Marine Corps or Navy 
to consult on activities that may affect designated critical habitat 
and to reinitiate consultation on activities for which a consultation 
may have already been completed that assessed the effects to a 
federally listed species. The requirement to undertake additional 
consultations or revisit already completed consultations specifically 
to address the effects of activities on designated critical habitat 
could delay or impair the ability of the Marine Corps or Navy to train 
marines and SEALs for combat in support of continuous, global 
deployment to the western Pacific and southwest Asia (Department of the 
Navy; 2003 letter).
(3) The Benefits of Exclusion Outweigh the Benefits of Inclusion
    Based on the impact to national security and the need of the Navy 
and Marine Corps to maintain a high level of military readiness and 
combat capability, we determine that the benefits of excluding mission-
essential training areas from proposed critical habitat for the Pacific 
Coast WSP outweigh the benefits of including them in such designation. 
We, in conducting this analysis pursuant to section 4(b)(2) of the Act, 
determined that the exclusion of these lands from critical habitat will 
not result in the extinction of the Pacific Coast WSP. Although these 
lands are not included in designated critical habitat, the Marine Corps 
and Navy will still be required to consult with us on activities that 
may affect the Pacific Coast WSP, to ensure such activities do not 
jeopardize the continued existence of the species. Based on our 
analysis above, we are excluding these lands from proposed critical 
habitat for the plover pursuant to section 4(b)(2) of the Act based on 
the potential impacts on national security.

(B) San Francisco Bay Exclusions

    We are also excluding under section 4(b)(2) of the Act six units 
bordering the south San Francisco Bay and totaling 1,847 ac (747.4 ha). 
Plover habitat in this region consists primarily of artificial salt 
ponds and associated levees, much of which has recently come under the 
management of various Local, State and Federal agencies including 
ourselves and the California Department of Fish and Game. The agencies 
are developing a management and restoration plan for the salt ponds 
that will take into account the conflicting habitat needs of at least 
four threatened or endangered species (Pacific Coast WSPs, clapper 
rails, salt marsh harvest mice, and least terns), as well as millions 
of migrating waterfowl and shorebirds that use the areas yearly. The 
plan is expected to be completed in 2007. (Margaret Kolar, U.S. Fish 
and Wildlife Service, in litt., May 4, 2004).
(1) Benefits of Inclusion
    By including the six San Francisco Bay units in our proposed and 
final critical habitat designations, we could provide those areas with 
critical habitat protection by October, 2005, rather than waiting for 
the salt pond management plan to be completed in 2007. However, as 
discussed in the analyses for other excluded units above, the 
protections provided by critical habitat designation largely overlap 
protections already provided under section 7 of the Act. Three of the 
excluded units are on the Don Edwards San Francisco Bay National 
Wildlife Refuge, which is managed by the Service. Any significant 
changes to salt pond operations within those units would trigger 
consultation under section 7, as will the completion of the salt pond 
management plan itself. Two of the units are on land managed by the 
California Department of Fish and Game (CDFG), while the final and 
smallest unit is on land managed by a county governmental agency called 
the Hayward Area Recreation District (HARD). Both of these agencies are 
participating in development of the management plan, and neither would 
be directly affected by critical habitat designation since they are not 
federal agencies. Service participation in development of the 
management plan, and the consequent necessity to review the plan under 
section 7 when a draft has been completed, actually afford the Service 
greater opportunity to influence management of the state and locally 
owned units than would designating them as critical habitat.
(2) Benefits of Exclusion
    By excluding the units from critical habitat designation we avoid 
interfering with the development of the salt pond management plan, 
which might otherwise establish habitat managed for plovers in other 
locations. The six excluded San Francisco Bay units were chosen based 
on recent high usage of those areas by plovers, but the plovers have 
demonstrated a willingness to travel relatively large distances within 
the Bay area to nest wherever habitat is most appropriate (Kolar in 
litt. 2004). Since plover habitat in the area can easily be created or 
removed in different areas by drying or flooding particular ponds, the 
management planners currently have the flexibility to move plover 
habitat to wherever it would be most advantageous in light of the 
conservation needs of the population and of other threatened and 
endangered species present in the Bay area. By designating critical 
habitat according to the current locations of essential habitat,

[[Page 75634]]

we would tend to lock the current management scheme into place for the 
designated units.
    Additionally, the management planning process is a collaborative 
effort involving cooperation and input from numerous stakeholders such 
as landowners, public land managers, and the general public. This 
allows the best information and local knowledge to be brought to the 
table, and may encourage a sense of commitment to the plover's 
continuing well-being. Due to time constraints, we are unable to match 
this level of public participation in the critical habitat designation 
process. Finally, the enhancement and management of plover habitat will 
benefit greatly from coordination between the various owners and 
managers in the area. The ongoing planning process can provide for that 
coordination, whereas the critical habitat designation process cannot.
(3) The Benefits of Exclusion Outweigh the Benefits of Inclusion
    We find that the plover will obtain greater benefits if we avoid 
designating habitat in the San Francisco Bay and instead allow 
participating agencies to complete their salt pond management plan 
unencumbered by critical habitat considerations. While the salt pond 
management plan offers considerable benefits in comparison to critical 
habitat, we must also consider the likelihood that the plan will be 
completed. In this case we find the likelihood to be high because the 
major participants are all resource management agencies, and because 
the management plan is related to the recent purchase by us and CDFG of 
16,500 ac (6,677 ha) of salt ponds from a salt manufacturing company. 
This purchase involved the close cooperation of numerous resource 
management and environmental organizations, and had the strong support 
and active participation of U.S. Senator Diane Feinstein of California 
(Feinstein in litt. 2002). Accordingly, we are excluding six units in 
the south San Francisco Bay from designation. For the same reasons 
discussed above, and also because the south San Francisco Bay is a 
relatively small portion of the overall range of the population, we 
also find that such exclusion will not be likely to result in the 
population's extinction.

Areas Which May Be Excluded From Final Critical Habitat Designation

    Parts of the proposed critical habitat Unit CA 23 (Pismo Beach/
Nipomo) in San Luis Obispo County, and all the proposed units in Oregon 
are located within the potential planning areas of three HCPs which are 
currently in their planning and development stages. We may exclude some 
or all of those units in our final designation if the HCPs have 
undergone public review and provide sufficient assurances of 
conservation implementation and effectiveness at the time of our final 
designation. Other units which may be excluded from the final 
designation following further management planning or consultation 
include CA 24 and CA 25 (Vandenberg North and South) in Santa Barbara 
County, California, which are owned by the U.S. Air Force. Vandenberg 
Air Force Base has been managing plovers according to annual management 
plans, but presently does not have a long-term plover management plan 
or INRMP that has undergone formal section 7 consultation with us.

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 impact, impact on national 
security, 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.
    An analysis of the economic impacts of proposing critical habitat 
for the Pacific Coast WSP habitat is being prepared. We will announce 
the availability of the draft economic analysis as soon as it is 
completed, at which time we will seek public review and comment. At 
that time, copies of the draft economic analysis will be available for 
downloading from the Internet at http://sacramento.fws.gov, or by 
contacting the Sacramento Fish and Wildlife Office directly (see 
ADDRESSES section).

Peer Review

    In accordance with our joint policy published in the Federal 
Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate specialists regarding this 
proposed rule. The purpose of such review is to ensure that our 
critical habitat designation is based on scientifically sound data, 
assumptions, and analyses. We will send these peer reviewers copies of 
this proposed rule immediately following publication in the Federal 
Register, and we will invite them to comment during the public comment 
period on the assumptions and conclusions regarding the proposed 
designation of critical habitat.
    We will consider all comments and information received during the 
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. Requests for public hearings must be made in writing at 
least 15 days prior to the close of the public comment period. Such 
requests must be made in writing and be addressed to the Field 
Supervisor (see ADDRESSES section). We will schedule public hearings on 
this proposal, if any are requested, and announce the dates, times, and 
places of those hearings in the Federal Register and local newspapers 
at least 15 days prior to the first hearing.

Clarity of the Rule

    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 
proposed rule clearly stated? (2) Does the proposed rule contain 
technical jargon that interferes with the clarity? (3) Does the format 
of the proposed rule (grouping and order of the sections, use of 
headings, paragraphing, and so forth) 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 proposed rule? (5) 
What else could we do to make this proposed rule easier to understand?
    Send a copy of any comments on how we could make this proposed rule 
easier to understand to: Office of Regulatory Affairs, Department of 
the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You 
may e-mail your comments to this address: [email protected].

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule in that it may raise novel legal and policy issues, 
but it is not anticipated to have an annual effect on the economy of 
$100 million or more or adversely affect the economy in a material way. 
Due to the timeline for publication in the Federal Register, the Office 
of Management and Budget (OMB) has not

[[Page 75635]]

formally reviewed this rule. We are preparing a draft economic analysis 
of this proposed action. We will use this analysis to meet the 
requirement of section 4(b)(2) of the Act to determine the economic 
consequences of designating the specific areas as critical habitat. 
This economic analysis also will be used to determine compliance with 
Executive Order 12866, Regulatory Flexibility Act, Small Business 
Regulatory Enforcement Fairness Act, and Executive Order 12630.
    The availability of the draft economic analysis will be announced 
in the Federal Register and in local newspapers so that it is available 
for public review and comments.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the Regulatory Flexibility Act (RFA) to require Federal agencies to 
provide a statement of the factual basis for certifying that the rule 
will not have a significant economic impact on a substantial number of 
small entities.
    At this time, the Service lacks the available economic information 
necessary to provide an adequate factual basis for the required RFA 
finding. Therefore, the RFA finding is deferred until completion of the 
draft economic analysis prepared pursuant to section 4(b)(2) of the ESA 
and E.O. 12866. This draft economic analysis will provide the required 
factual basis for the RFA finding. Upon completion of the draft 
economic analysis, the Service will publish a notice of availability of 
the draft economic analysis of the proposed designation and reopen the 
public comment period for the proposed designation for an additional 60 
days. The Service will include with the notice of availability, as 
appropriate, an initial regulatory flexibility analysis or a 
certification that the rule will not have a significant economic impact 
on a substantial number of small entities accompanied by the factual 
basis for that determination. The Service has concluded that deferring 
the RFA finding until completion of the draft economic analysis is 
necessary to meet the purposes and requirements of the RFA. Deferring 
the RFA finding in this manner will ensure that the Service makes a 
sufficiently informed determination based on adequate economic 
information and provides the necessary opportunity for public comment.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 802(2))

    In the draft 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; or (c) any significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or the ability of U.S.-based enterprises to compete with 
foreign-based enterprises.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order (E.O. 
13211) on regulations that significantly affect energy supply, 
distribution, and use. Executive Order 13211 requires agencies to 
prepare Statements of Energy Effects when undertaking certain actions. 
This proposed rule to designate critical habitat for the Pacific Coast 
WSP habitat is considered a significant regulatory action under 
Executive Order 12866 as it may raise novel legal and policy issues. 
However, this designation is not expected to significantly affect 
energy supplies, distribution, or use because there are no pipelines, 
distribution facilities, power grid stations, etc. within the 
boundaries of proposed critical habitat. Therefore, this action is not 
a significant energy action and no Statement of Energy Effects is 
required. We will, however, further evaluate this issue as we conduct 
our economic analysis and, as appropriate, review and revise this 
assessment as warranted.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), the Service makes the following findings:
    (a) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute, or regulation 
that would impose an enforceable duty upon State, local, tribal 
governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or Tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and Tribal governments under entitlement authority, ``if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding'' and the State, local, or tribal 
governments ``lack authority'' to adjust accordingly. (At the time of 
enactment, these entitlement programs were: Medicaid; AFDC work 
programs; Child Nutrition; Food Stamps; Social Services Block Grants; 
Vocational Rehabilitation State Grants; Foster Care, Adoption 
Assistance, and Independent Living; Family Support Welfare Services; 
and Child Support Enforcement.) ``Federal private sector mandate'' 
includes a regulation that ``would impose an enforceable duty upon the 
private sector, except (i) a condition of Federal assistance; or (ii) a 
duty arising from participation in a voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities who receive Federal 
funding, assistance, permits, or otherwise require approval or 
authorization from a Federal agency for an action may be indirectly 
impacted by the designation of critical habitat, the legally binding 
duty to avoid destruction or adverse modification of critical habitat 
rests squarely on the Federal agency. Furthermore, to the extent that 
non-Federal entities are indirectly impacted because they receive 
Federal assistance or participate in a voluntary Federal aid program, 
the Unfunded Mandates Reform Act would not apply; nor would critical 
habitat shift the costs of the large entitlement programs listed above 
onto State governments.
    (b) Due to current public knowledge of the species' protection, the 
prohibition against take of the species

[[Page 75636]]

both within and outside of the designated areas, and the fact that 
critical habitat provides no incremental restrictions, we do not 
anticipate that this rule will significantly or uniquely affect small 
governments. As such, Small Government Agency Plan is not required. We 
will, however, further evaluate this issue as we conduct our economic 
analysis and revise this assessment if appropriate.

Takings

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), this rule is not anticipated to have significant takings 
implications. A takings implication assessment is not required. As 
discussed above, the designation of critical habitat affects only 
Federal actions. Although private parties that receive Federal funding, 
assistance, or require approval or authorization from a Federal agency 
for an action may be indirectly impacted by the designation of critical 
habitat, the legally binding duty to avoid destruction or adverse 
modification of critical habitat rests squarely on the Federal agency. 
Due to current public knowledge of the species' protections, the 
prohibition against take of the species both within and outside of the 
proposed areas we do not anticipate that property values will be 
affected by the critical habitat designation. However, we have not yet 
completed the economic analysis for this proposed rule. Once the 
economic analysis is available, we will review and revise this 
preliminary assessment as warranted.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with DOI and Department of Commerce policy, we 
requested information from, and coordinated development of, this 
proposed critical habitat designation with appropriate State resource 
agencies in California, Oregon and Washington. The designation of 
critical habitat in areas currently occupied by the Pacific Coast WSP 
habitat 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 essential to the conservation of 
the species are more clearly defined, and the primary constituent 
elements of the habitat necessary to the survival of the species are 
specifically identified.
    While making 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).

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 have proposed designating critical habitat in 
accordance with the provisions of the Act. This proposed 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 Pacific Coast WSP habitat.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. This rule 
will not impose recordkeeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    It is our position that, outside the Tenth Circuit, we do not need 
to prepare environmental analyses as defined by the NEPA in connection 
with designating critical habitat under the Act. We published a notice 
outlining our reasons for this determination in the Federal Register on 
October 25, 1983 (48 FR 49244). This assertion was upheld in the courts 
of the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 
Ore. 1995), cert. denied 116 S. Ct. 698 (1996).] This final 
determination does not constitute a major Federal action significantly 
affecting the quality of the human environment.

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), Executive Order 13175, and the Department 
of Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. We have determined that 
there are not tribal lands located in areas determined essential for 
the conservation of the Pacific Coast WSP habitat.

References Cited

    A complete list of all references cited in this rulemaking is 
available upon request from the Field Supervisor, Sacramento Fish and 
Wildlife Office (see ADDRESSES section).

Author(s)

    The primary author of this package is the Sacramento Fish and 
Wildlife Office staff (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
record keeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

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

    Authority: 16 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.  17.95(b), revise the entry for ``Charadrius 
alexandrinus nivosus'' under ``BIRDS'' to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (b) Birds.
* * * * *
    Western Snowy Plover (Charadrius alexandrinus nivosus)--Pacific 
coast population
    (1) Critical habitat units are depicted on the maps below for the 
following States and counties:
    Washington: Grays Harbor and Pacific counties;
    Oregon: Clatsop, Coos, Curry, Douglas, Lane, Lincoln, and 
Tillamook, counties;
    California: Del Norte, Humboldt, Los Angeles, Marin, Mendocino, 
Monterey, Orange, San Diego, San Luis Obispo, Santa Barbara, Santa 
Cruz, Sonoma, and Ventura counties.
    (2) The primary constituent elements of critical habitat for the 
Pacific Coast WSP are the habitat components that provide:
    (i) Sparsely vegetated areas above daily high tides (such as sandy 
beaches, dune systems immediately inland of an active beach face, salt 
flats, seasonally exposed gravel bars, dredge spoil sites,

[[Page 75637]]

artificial salt ponds and adjoining levees) that are relatively 
undisturbed by the presence of humans, pets, vehicles or human-
attracted predators (essential for reproduction, food, shelter from 
predators, protection from disturbance, and space for growth and normal 
behavior).
    (ii) Sparsely vegetated sandy beach, mud flats, gravel bars or 
artificial salt ponds subject to daily tidal inundation but not 
currently under water, that support small invertebrates (essential for 
food).
    (iii) Surf or tide-cast organic debris such as seaweed or driftwood 
(essential to support small invertebrates for food, and to provide 
shelter from predators and weather for reproduction).
    (3) Critical habitat does not include existing features and 
structures, such as buildings, paved areas, boat ramps, and other 
developed areas not containing one or more of the primary constituent 
elements. Any such structures that were inside the boundaries of a 
critical habitat unit at the time it was designated are not critical 
habitat. The land on which such structures directly sit is also not 
critical habitat, so long as the structures remain in place.
    (4) Critical Habitat Map Units--Data layers defining map units were 
created on a base of USGS 7.5' quadrangles, and critical habitat units 
were then mapped using Universal Transverse Mercatur, North American 
Datum 1927 (UTM NAD 27) coordinates. These coordinates establish the 
vertices and endpoints of the landward bounds of the units. Other 
bounds are established descriptively according to compass headings and 
the position of the mean low waterline (MLW). For purposes of 
estimating unit sizes, we approximated MLW in California using the most 
recent GIS projection of mean high water (MHW). We chose MHW both 
because it is the only approximation of the coastline currently 
available in GIS format. We were unable to obtain recent GIS maps of 
MHW or MLW for Oregon and Washington; therefore, we approximated MLW 
for units in those States based on aerial photographs.
    (5) Note: Maps M1-M4 (index maps) follow:
BILLING CODE 4310-55-P

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[[Page 75639]]


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[[Page 75640]]


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[[Page 75641]]


[GRAPHIC] [TIFF OMITTED] TP17DE04.003


[[Page 75642]]


    (6) Unit WA-1, Gray's Harbor County, Washington.
    (i) From USGS 1:24,000 quadrangle map Copalis Beach, Washington, 
land bounded by the following UTM 10 NAD 27 coordinates (E,N): 409895, 
5219820; 409792, 5220191; 409737, 5220607; 409846, 5220869; 410019, 
5220958; 410246, 5220997; 410440, 5220925; 410529, 5220839; 410558, 
5220730; 410568, 5220582; 410613, 5220443; 410652, 5220285; 410672, 
5220152; 410692, 5219934; 410702, 5219781; 410746, 5219637; 410781, 
5219464; 410815, 5219316; 410737, 5219152; 410668, 5219174; 410592, 
5219348; 410504, 5219330; 410475, 5219112; 410519, 5218732; 410603, 
5218317; 410415, 5218331; 410083, 5218317; 410059, 5218816; 410004, 
5219365; returning to 409895, 5219820.
    (ii) Note: Unit WA 1 (Map M5) follows:

[[Page 75643]]

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[[Page 75644]]


    (7) Unit WA-2, Gray's Harbor County, Washington.
    (i) From USGS 1:24,000 quadrangle maps West Port, and Point Brown, 
Washington, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 411969, 5198743; 412118, 5198955; 412321, 5199143; 412474, 
5199276; 412581, 5199342; 412760, 5199464; 412914, 5199534; 413095, 
5199617; 413220, 5199696; 413634, 5199705; 413834, 5199702; 413941, 
5199606; 414011, 5199668; 414163, 5199815; 414189, 5199727; 414265, 
5199581; 414434, 5199496; 414600, 5199488; 414816, 5199423; 414960, 
5199536; 415149, 5199660; 415368, 5199839; 415604, 5199856; 415808, 
5199733; 416012, 5199539; 416064, 5199233; 416059, 5198892; 416059, 
5198535; 416020, 5198256; 415914, 5198083; 415679, 5198078; 415512, 
5198134; 415356, 5198262; 415200, 5198457; 414976, 5198591; 414791, 
5198696; 414626, 5198794; 414430, 5198897; 414260, 5199040; 414064, 
5199151; 413809, 5199254; 413603, 5199268; 413412, 5199107; 413205, 
5198905; 413067, 5198813; 412875, 5198772; 412670, 5198713; 412504, 
5198634; 412411, 5198529; 412393, 5198396; 412460, 5198236; 412387, 
5198123; 412260, 5197998; 412114, 5198138; 411995, 5198227; 411816, 
5198366; returning to 411969, 5198743.
    (ii) Note: Unit WA 2 (Map M6) follows:

[[Page 75645]]

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[[Page 75646]]


    (8) Unit WA-3, Pacific County, Washington.
    (i) From USGS 1:24,000 quadrangle maps Grayland, and North Cove, 
Washington, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 416476, 5177381; 415946, 5177482; 415875, 5177830; 415806, 
5178119; 415755, 5178555; 415630, 5178985; 415500, 5179419; 415492, 
5179835; 415746, 5180411; 415933, 5180734; 416091, 5181113; 416093, 
5181429; 416098, 5181688; 416474, 5181685; 416492, 5181483; 416521, 
5181242; 416550, 5180859; 416543, 5180507; 416559, 5180293; 416559, 
5180171; 416537, 5180035; 416541, 5179894; 416545, 5179798; 416570, 
5179614; 416563, 5179469; 416574, 5179293; 416561, 5179199; 416543, 
5179101; 416528, 5178820; 416534, 5178526; 416523, 5178330; 416545, 
5178157; 416516, 5177956; 416481, 5177740; 416481, 5177511; returning 
to 416476, 5177381.
    (ii) Note: Unit WA 3 (Map M7) follows:

[[Page 75647]]

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[[Page 75648]]


    (9) Unit WA-4, Pacific County, Washington.
    (i) From USGS 1:24,000 quadrangle maps North Cove, and Oysterville, 
Washington, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 418747, 5156518; 418673, 5156518; 418673, 5156666; 418617, 
5157830; 418525, 5159271; 418433, 5160860; 418285, 5162689; 418193, 
5164185; 418201, 5164730; 418262, 5165289; 418377, 5166088; 418684, 
5166723; 419029, 5166925; 419464, 5166919; 419684, 5166777; 419815, 
5166467; 419951, 5166110; 419928, 5165908; 419966, 5165719; 420273, 
5165450; 420539, 5165109; 420908, 5164721; 421093, 5164278; 421040, 
5164147; 420879, 5164141; 420790, 5164219; 420951, 5164266; 420964, 
5164444; 420797, 5164647; 420665, 5164635; 420317, 5164906; 420188, 
5164850; 420088, 5164980; 419916, 5165052; 419874, 5165165; 419975, 
5165284; 419744, 5165589; 419600, 5165670; 419319, 5165608; 418994, 
5165420; 418728, 5165146; 418559, 5164873; 418488, 5164536; 418451, 
5163797; 418470, 5162818; 418577, 5161684; 418631, 5160435; 418690, 
5159126; 418802, 5157775; 418863, 5156521; returning to 418747, 
5156518.
    (ii) Note: Unit WA 4 (Map M8) follows:

[[Page 75649]]

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[[Page 75650]]


    (10) Unit OR-1A, Clatsop County, Oregon.
    (i) From USGS 1:24,000 quadrangle maps Clatsop Spit, and Warrenton, 
Oregon, land bounded by the following UTM 10 NAD 27 coordinates (E,N): 
423261, 5119887; 423249, 5119889; 423241, 5119898; 423229, 5119913; 
423212, 5119937; 423194, 5119957; 423180, 5119974; 423169, 5119994; 
423153, 5120013; 423134, 5120034; 423125, 5120048; 423120, 5120063; 
423112, 5120076; 423101, 5120088; 423088, 5120105; 423073, 5120125; 
423063, 5120147; 423047, 5120169; 423037, 5120178; 423023, 5120194; 
423015, 5120224; 423004, 5120246; 422999, 5120292; 422995, 5120328; 
422985, 5120405; 422968, 5120466; 422948, 5120514; 422926, 5120548; 
422896, 5120574; 422844, 5120609; 422775, 5120649; 422684, 5120689; 
422613, 5120729; 422589, 5120743; 422548, 5120758; 422537, 5120757; 
422515, 5120754; 422486, 5120751; 422428, 5120744; 422355, 5120731; 
422257, 5120711; 422164, 5120690; 422079, 5120666; 422036, 5120653; 
422013, 5120641; 421945, 5120587; 421885, 5120533; 421858, 5120503; 
421815, 5120452; 421770, 5120391; 421748, 5120349; 421723, 5120319; 
421695, 5120260; 421685, 5120228; 421647, 5120151; 421616, 5120111; 
421596, 5120075; 421165, 5120166; 421191, 5120183; 421251, 5120227; 
421306, 5120269; 421377, 5120329; 421442, 5120393; 421534, 5120465; 
421675, 5120532; 421794, 5120587; 421842, 5120607; 421883, 5120624; 
421923, 5120643; 421951, 5120653; 421962, 5120659; 422000, 5120681; 
422024, 5120696; 422054, 5120705; 422082, 5120712; 422124, 5120732; 
422179, 5120757; 422222, 5120781; 422250, 5120795; 422269, 5120801; 
422301, 5120800; 422337, 5120799; 422388, 5120809; 422449, 5120819; 
422506, 5120825; 422555, 5120823; 422619, 5120813; 422663, 5120805; 
422706, 5120793; 422755, 5120776; 422778, 5120765; 422824, 5120743; 
422852, 5120725; 422872, 5120707; 422893, 5120679; 422903, 5120662; 
422919, 5120640; 422943, 5120598; 422962, 5120567; 422982, 5120530; 
422996, 5120501; 423005, 5120480; 423013, 5120460; 423018, 5120440; 
423024, 5120417; 423033, 5120379; 423038, 5120365; 423038, 5120351; 
423029, 5120294; 423023, 5120237; 423024, 5120218; 423027, 5120210; 
423031, 5120203; 423033, 5120194; 423039, 5120187; 423048, 5120180; 
423058, 5120170; 423070, 5120153; 423080, 5120139; 423087, 5120126; 
423102, 5120109; 423111, 5120092; 423120, 5120076; 423128, 5120060; 
423135, 5120049; 423160, 5120015; 423178, 5119990; 423195, 5119968; 
423205, 5119956; 423220, 5119939; 423234, 5119922; 423246, 5119906; 
returning to 423261, 5119887.
    (ii) Note: Unit OR 1A (Map M9) follows:

[[Page 75651]]

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[[Page 75652]]


    (11) Unit OR-1B, Clatsop County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Gearhart, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 428373, 
5095247; 428372, 5095242; 428347, 5095244; 428265, 5095257; 428188, 
5095276; 428150, 5095296; 428127, 5095323; 428107, 5095351; 428098, 
5095397; 428098, 5095450; 428061, 5095508; 428045, 5095554; 428046, 
5095596; 428049, 5095636; 428058, 5095694; 428068, 5095768; 428074, 
5095824; 428078, 5095923; 428087, 5095993; 428095, 5096141; 428103, 
5096225; 428107, 5096353; 428111, 5096391; 428189, 5096392; 428193, 
5096303; 428205, 5096107; 428213, 5096007; 428220, 5095939; 428230, 
5095882; 428247, 5095802; 428255, 5095763; 428269, 5095732; 428279, 
5095706; 428302, 5095679; 428340, 5095645; 428373, 5095623; 428394, 
5095611; 428411, 5095612; 428422, 5095619; 428432, 5095623; 428443, 
5095634; 428462, 5095659; 428483, 5095679; 428498, 5095703; 428518, 
5095730; 428538, 5095748; 428555, 5095767; 428564, 5095775; 428574, 
5095774; 428564, 5095754; 428550, 5095728; 428552, 5095709; 428564, 
5095683; 428605, 5095653; 428646, 5095627; 428686, 5095601; 428719, 
5095583; 428737, 5095558; 428752, 5095528; 428757, 5095499; 428743, 
5095496; 428723, 5095486; 428705, 5095458; 428685, 5095449; 428660, 
5095435; 428632, 5095420; 428595, 5095400; 428552, 5095366; 428503, 
5095335; 428465, 5095309; 428430, 5095280; returning to 428373, 
5095247.
    (ii) Note: Unit OR 1B (Map M10) follows:

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[[Page 75654]]


    (12) Unit OR-2, Tillamook County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Nehalem, Oregon, land bounded 
by the following UTM 10 NAD 27 coordinates (E,N): 426638, 5056202; 
426648, 5056302; 426646, 5056338; 426661, 5056396; 426661, 5056458; 
426663, 5056510; 426687, 5056614; 426732, 5056817; 426740, 5056973; 
426742, 5057098; 426718, 5057204; 426726, 5057301; 426737, 5057468; 
426745, 5057574; 426761, 5057643; 426803, 5057778; 426792, 5057915; 
426782, 5058021; 426792, 5058093; 426808, 5058259; 426824, 5058421; 
426811, 5058532; 426811, 5058627; 426824, 5058717; 426835, 5058799; 
426827, 5058865; 426844, 5059001; 426860, 5059088; 426852, 5059200; 
426844, 5059277; 426841, 5059362; 426845, 5059456; 426836, 5059519; 
426831, 5059570; 426968, 5059568; 426964, 5059469; 426963, 5059215; 
426955, 5058919; 426943, 5058617; 426927, 5058311; 426922, 5058110; 
426910, 5057915; 426900, 5057761; 426893, 5057610; 426881, 5057478; 
426882, 5057364; 426882, 5057264; 426889, 5057130; 426892, 5056994; 
426900, 5056918; 426908, 5056844; 426917, 5056790; 426933, 5056698; 
426943, 5056642; 426954, 5056531; 426996, 5056441; 427037, 5056392; 
427080, 5056366; 427119, 5056356; 427129, 5056363; 427150, 5056378; 
427180, 5056406; 427204, 5056433; 427245, 5056486; 427274, 5056526; 
427281, 5056538; 427282, 5056592; 427282, 5056667; 427281, 5056692; 
427285, 5056696; 427300, 5056700; 427323, 5056712; 427356, 5056727; 
427391, 5056746; 427396, 5056755; 427389, 5056768; 427389, 5056787; 
427370, 5056799; 427349, 5056822; 427345, 5056826; 427348, 5056832; 
427340, 5056841; 427333, 5056841; 427321, 5056849; 427314, 5056859; 
427303, 5056871; 427285, 5056887; 427267, 5056906; 427249, 5056929; 
427249, 5056947; 427248, 5056964; 427256, 5056980; 427262, 5057004; 
427266, 5057067; 427266, 5057081; 427267, 5057099; 427291, 5057099; 
427300, 5057059; 427312, 5057025; 427318, 5057006; 427341, 5056974; 
427377, 5056945; 427400, 5056929; 427425, 5056920; 427454, 5056918; 
427476, 5056912; 427502, 5056888; 427517, 5056862; 427525, 5056834; 
427522, 5056811; 427506, 5056796; 427494, 5056776; 427478, 5056754; 
427434, 5056724; 427380, 5056682; 427342, 5056636; 427321, 5056611; 
427317, 5056595; 427312, 5056566; 427296, 5056535; 427273, 5056498; 
427249, 5056469; 427196, 5056414; 427165, 5056384; 427146, 5056363; 
427128, 5056348; 427098, 5056332; 427067, 5056320; 427029, 5056299; 
426991, 5056279; 426969, 5056271; 426936, 5056261; 426896, 5056252; 
426872, 5056246; 426843, 5056238; 426812, 5056231; 426790, 5056232; 
426767, 5056231; 426715, 5056220; returning to 426638, 5056202.
    (ii) Note: Unit OR 2 (Map M11) follows:

[[Page 75655]]

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[[Page 75656]]


    (13) Unit OR-3, Tillamook County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Garibaldi, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 425807, 
5046046; 425855, 5046042; 425953, 5046029; 426052, 5045994; 426095, 
5045969; 426142, 5045939; 426175, 5045895; 426208, 5045840; 426224, 
5045807; 426227, 5045780; 426208, 5045772; 426184, 5045778; 426149, 
5045794; 426122, 5045784; 426098, 5045756; 426081, 5045721; 426091, 
5045643; 426120, 5045495; 426128, 5045441; 426159, 5045231; 426167, 
5045131; 426167, 5045049; 426151, 5045006; 426143, 5044953; 426151, 
5044898; 426159, 5044844; 426124, 5044732; 426104, 5044648; 426078, 
5044433; 426052, 5044257; 426020, 5044062; 425972, 5043800; 425889, 
5043253; 425718, 5043279; 425706, 5043277, proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 425807, 5046046.
    (ii) Note: Unit OR 3 (Map M12) follows:

[[Page 75657]]

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[[Page 75658]]


    (14) Unit OR-4, Tillamook County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Netarts, Oregon, land bounded 
by the following UTM 10 NAD 27 coordinates (E,N): 424605, 5028430; 
424600, 5028443; 424602, 5028544; 424623, 5028623; 424637, 5028652; 
424658, 5028710; 424671, 5028790; 424666, 5028861; 424666, 5028914; 
424671, 5028954; 424674, 5029049; 424671, 5029126; 424684, 5029213; 
424672, 5029269; 424688, 5029339; 424684, 5029412; 424670, 5029462; 
424683, 5029525; 424704, 5029599; 424695, 5029650; 424696, 5029689; 
424733, 5029738; 424765, 5029793; 424774, 5029895; 424768, 5029978; 
424780, 5030056; 424766, 5030101; 424749, 5030150; 424749, 5030197; 
424786, 5030254; 424805, 5030324; 424803, 5030398; 424787, 5030509; 
424802, 5030591; 424847, 5030686; 424875, 5030754; 424883, 5030789; 
424897, 5030890; 424900, 5030953; 424911, 5031005; 424944, 5031092; 
424987, 5031194; 425048, 5031277; 425114, 5031358; 425170, 5031395; 
425200, 5031409; 425235, 5031436; 425285, 5031452; 425359, 5031463; 
425428, 5031448; 425460, 5031422; 425483, 5031394; 425498, 5031352; 
425521, 5031286; 425528, 5031206; 425522, 5031154; 425505, 5031129; 
425471, 5031110; 425441, 5031099; 425410, 5031089; 425369, 5031072; 
425337, 5031071; 425312, 5031066; 425238, 5031074; 425242, 5031088; 
425250, 5031109; 425253, 5031125; 425254, 5031140; 425254, 5031160; 
425248, 5031167; 425240, 5031182; 425231, 5031183; 425216, 5031183; 
425199, 5031173; 425183, 5031167; 425152, 5031142; 425123, 5031094; 
425094, 5031038; 425075, 5030997; 425054, 5030952; 425024, 5030871; 
425010, 5030811; 424991, 5030685; 424955, 5030457; 424936, 5030293; 
424921, 5030158; 424910, 5029996; 424901, 5029904; 424894, 5029825; 
424879, 5029581; 424868, 5029462; 424856, 5029338; 424842, 5029151; 
424826, 5028918; 424813, 5028760; 424809, 5028678; 424803, 5028607; 
424795, 5028555; 424795, 5028510; 424788, 5028470; 424786, 5028433; 
returning to 424605, 5028430.
    (ii) Note: Unit OR 4 (Map M13) follows:

[[Page 75659]]

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[[Page 75660]]


    (15) Unit OR-5A, Tillamook County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Sand Lake, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 424809, 
5014200; 424794, 5014205; 424774, 5014213; 424760, 5014217; 424730, 
5014223; 424674, 5014247; 424634, 5014265; 424584, 5014284; 424515, 
5014286; 424473, 5014308; 424428, 5014331; 424367, 5014334; 424330, 
5014347; 424325, 5014405; 424343, 5014448; 424410, 5014477; 424470, 
5014530; 424492, 5014585; 424492, 5014644; 424476, 5014728; 424444, 
5014789; 424418, 5014845; 424404, 5014890; 424404, 5014940; 424400, 
5014987; 424420, 5015042; 424424, 5015092; 424434, 5015143; 424488, 
5015147; 424591, 5015155; 424581, 5015133; 424563, 5015131; 424552, 
5015101; 424548, 5015035; 424553, 5014871; 424558, 5014709; 424562, 
5014617; 424562, 5014513; 424570, 5014465; 424585, 5014446; 424605, 
5014398; 424650, 5014346; 424712, 5014289; 424748, 5014276; 424758, 
5014294; 424761, 5014320; 424761, 5014339; 424771, 5014365; 424800, 
5014420; 424817, 5014455; 424816, 5014474; 424806, 5014485; 424804, 
5014498; 424797, 5014508; 424788, 5014520; 424791, 5014526; 424804, 
5014531; 424816, 5014534; 424837, 5014536; 424863, 5014527; 424886, 
5014508; 424903, 5014493; 424927, 5014479; 424926, 5014468; 424903, 
5014455; 424869, 5014435; 424837, 5014406; 424815, 5014377; 424801, 
5014339; 424804, 5014307; 424814, 5014285; 424827, 5014254; 424834, 
5014226; 424830, 5014204; returning to 424809, 5014200
    (ii) Note: Units OR 5A, OR 5B (Map M14) follows after description 
of OR 5B.
    (16) Unit OR-5B, Tillamook County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Sand Lake, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 424272, 
5011745; 424142, 5011750; 424143, 5011756; 424146, 5011801; 424157, 
5011855; 424169, 5011928; 424173, 5011972; 424191, 5012066; 424231, 
5012163; 424248, 5012228; 424247, 5012294; 424251, 5012360; 424259, 
5012478; 424249, 5012566; 424241, 5012663; 424227, 5012699; 424235, 
5012727; 424264, 5012775; 424305, 5012859; 424347, 5012988; 424358, 
5013105; 424350, 5013183; 424326, 5013208; 424281, 5013167; 424259, 
5013174; 424263, 5013221; 424294, 5013281; 424331, 5013344; 424335, 
5013377; 424329, 5013436; 424319, 5013477; 424323, 5013545; 424330, 
5013618; 424351, 5013709; 424379, 5013760; 424405, 5013811; 424408, 
5013842; 424409, 5013877; 424399, 5013926; 424395, 5013967; 424409, 
5014019; 424431, 5014068; 424428, 5014106; 424404, 5014124; 424372, 
5014112; 424368, 5014067; 424362, 5013985; 424350, 5013948; 424337, 
5013991; 424317, 5014049; 424300, 5014106; 424306, 5014151; 424322, 
5014207; 424347, 5014221; 424387, 5014215; 424460, 5014198; 424515, 
5014192; 424552, 5014188; 424593, 5014166; 424583, 5014143; 424562, 
5014117; 424540, 5014097; 424514, 5014036; 424518, 5013979; 424532, 
5013970; 424573, 5014031; 424609, 5014065; 424658, 5014104; 424711, 
5014134; 424745, 5014162; 424780, 5014161; 424796, 5014126; 424798, 
5014075; 424809, 5014018; 424827, 5013987; 424870, 5013954; 424925, 
5013929; 424954, 5013916; 424964, 5013883; 424964, 5013843; 424953, 
5013798; 424929, 5013784; 424858, 5013782; 424781, 5013785; 424753, 
5013785; 424724, 5013780; 424700, 5013777; 424675, 5013782; 424659, 
5013786; 424634, 5013778; 424608, 5013758; 424583, 5013721; 424570, 
5013704; 424562, 5013699; 424532, 5013643; 424501, 5013584; 424486, 
5013545; 424480, 5013506; 424468, 5013413; 424461, 5013319; 424440, 
5013237; 424413, 5013129; 424398, 5012999; 424391, 5012877; 424379, 
5012757; 424375, 5012675; 424363, 5012598; 424359, 5012499; 424353, 
5012437; 424325, 5012324; 424310, 5012226; 424304, 5012130; 424300, 
5012047; 424288, 5011936; 424278, 5011836; returning to 424272, 
5011745.
    (ii) Note: Units OR 5A, OR 5B (Map M14) follows:

[[Page 75661]]

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[[Page 75662]]


    (17) Unit OR-6, Tillamook County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Nestucca Bay, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 423971, 
5000986; 423938, 5000991; 423900, 5000996; 423864, 5001005; 423835, 
5001014; 423813, 5001020; 423724, 5001053; 423680, 5001098; 423646, 
5001125; 423633, 5001145; 423637, 5001192; 423653, 5001238; 423659, 
5001291; 423647, 5001365; 423637, 5001408; 423645, 5001442; 423680, 
5001487; 423689, 5001544; 423693, 5001584; 423703, 5001654; 423699, 
5001724; 423694, 5001774; 423692, 5001828; 423693, 5001881; 423703, 
5001939; 423707, 5001968; 423719, 5002022; 423703, 5002045; 423687, 
5002087; 423673, 5002137; 423674, 5002180; 423682, 5002217; 423693, 
5002260; 423713, 5002317; 423733, 5002365; 423737, 5002428; 423739, 
5002479; 423733, 5002518; 423739, 5002553; 423734, 5002592; 423736, 
5002619; 423741, 5002662; 423746, 5002709; 423756, 5002757; 423761, 
5002782; 423776, 5002824; 423767, 5002856; 423770, 5002923; 423790, 
5003014; 423801, 5003088; 423807, 5003151; 423806, 5003212; 423810, 
5003268; 423813, 5003300; 423823, 5003337; 423830, 5003377; 423830, 
5003409; 423827, 5003459; 423824, 5003508; 423816, 5003545; 423814, 
5003594; 423817, 5003640; 423817, 5003679; 423820, 5003735; 423833, 
5003761; 423838, 5003799; 423851, 5003850; 423860, 5003898; 423864, 
5003940; 423861, 5003970; 423865, 5004016; 423868, 5004057; 423988, 
5004057; 423984, 5004021; 423975, 5003959; 423974, 5003878; 423969, 
5003832; 423969, 5003782; 423964, 5003719; 423952, 5003664; 423937, 
5003592; 423922, 5003481; 423918, 5003387; 423896, 5003169; 423892, 
5002968; 423870, 5002776; 423864, 5002627; 423854, 5002478; 423839, 
5002404; 423835, 5002285; 423829, 5002199; 423822, 5002105; 423809, 
5002027; 423810, 5001959; 423839, 5001915; 423869, 5001923; 423892, 
5001958; 423901, 5001992; 423929, 5002055; 423954, 5002171; 423989, 
5002287; 424020, 5002363; 424065, 5002424; 424112, 5002471; 424163, 
5002514; 424181, 5002495; 424159, 5002466; 424125, 5002435; 424098, 
5002410; 424081, 5002381; 424070, 5002348; 424067, 5002314; 424069, 
5002269; 424072, 5002209; 424066, 5002170; 424066, 5002145; 424060, 
5002111; 424054, 5002068; 424068, 5002017; 424079, 5001943; 424102, 
5001856; 424088, 5001811; 424066, 5001744; 424047, 5001684; 424031, 
5001693; 424021, 5001724; 424021, 5001772; 424021, 5001815; 424003, 
5001834; 423975, 5001809; 423954, 5001761; 423954, 5001708; 423981, 
5001659; 423994, 5001609; 423969, 5001484; 423948, 5001416; 423948, 
5001348; 423969, 5001257; 424007, 5001183; 424015, 5001114; 424007, 
5001044; 423993, 5000999; returning to 423971, 5000986.
    (ii) Note: Units OR 6 (Map M15) follows:

[[Page 75663]]

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[[Page 75664]]


    (18) Unit OR-7, Lane County, Oregon.
    (i) From USGS 1:24,000 quadrangle maps Mercer Lake OE W, and Mercer 
Lake, Oregon, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 410183, 4883959; 410218, 4883951; 410246, 4883955; 410260, 
4883947; 410265, 4883920; 410273, 4883864; 410269, 4883809; 410257, 
4883747; 410252, 4883652; 410244, 4883585; 410241, 4883515; 410230, 
4883391; 410213, 4883323; 410205, 4883270; 410202, 4883221; 410198, 
4883167; 410200, 4883104; 410207, 4883029; 410211, 4882970; 410206, 
4882928; 410206, 4882870; 410213, 4882806; 410239, 4882738; 410252, 
4882699; 410254, 4882655; 410259, 4882615; 410261, 4882590; 410259, 
4882532; 410230, 4882501; 410203, 4882470; 410179, 4882445; 410156, 
4882418; 410135, 4882388; 410116, 4882344; 410099, 4882271; 410059, 
4881847; 410020, 4881553; 410011, 4881367; 409963, 4881129; 409938, 
4880858; 409903, 4880597; 409872, 4880368; 409867, 4880331; 409863, 
4880299; 409874, 4880271; 409885, 4880244; 409903, 4880212; 409921, 
4880180; 409943, 4880130; 409952, 4880094; 409956, 4880050; 409954, 
4880012; 409933, 4879992; 409921, 4879973; 409921, 4879955; 409929, 
4879927; 409941, 4879890; 409944, 4879863; 409941, 4879833; 409935, 
4879815; 409920, 4879804; 409874, 4879770; 409848, 4879743; 409839, 
4879717; 409832, 4879667; 409841, 4879634; 409837, 4879601; 409822, 
4879571; 409801, 4879536; 409784, 4879508; 409775, 4879488; 409764, 
4879474; 409753, 4879444; 409768, 4879273; 409762, 4879169; 409726, 
4879017; 409708, 4878913; 409692, 4878839; 409682, 4878765; 409698, 
4878740; 409696, 4878733; 409699, 4878717; 409701, 4878694; 409696, 
4878656; 409687, 4878598; 409692, 4878500; 409693, 4878433; 409699, 
4878296; 409699, 4878270; 409695, 4878244; 409682, 4878211; 409665, 
4878174; 409645, 4878126; 409639, 4878088; 409638, 4878061; 409631, 
4878025; 409629, 4877989; 409615, 4877967; 409609, 4877942; 409604, 
4877919; 409604, 4877895; 409613, 4877852; 409597, 4877832; 409549, 
4877801; 409529, 4877773; 409450, 4877776; 409382, 4877775; 409347, 
4877775; proceed generally N following the mean low water mark (defined 
at the beginning of the section) and returning to 410183, 4883959.
    (ii) Note: Unit OR 7 (Map M16) follows:

[[Page 75665]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.015


[[Page 75666]]


    (19) Unit OR-8A, Lane County and Douglas County, Oregon.
    (i) From USGS 1:24,000 quadrangle maps Goose Pasture, and 
Tahkenitch Creek, Oregon, land bounded by the following UTM 10 NAD 27 
coordinates (E,N): 407399, 4860677; 407512, 4860668; 407536, 4860649; 
407546, 4860573; 407570, 4860530; 407597, 4860457; 407582, 4860415; 
407524, 4860421; 407482, 4860442; 407400, 4859792; 407391, 4859761; 
407387, 4859696; 407385, 4859650; 407378, 4859572; 407370, 4859516; 
407365, 4859477; 407348, 4859373; 407344, 4859279; 407337, 4859241; 
407338, 4859206; 407335, 4859179; 407333, 4859157; 407328, 4859143; 
407328, 4859127; 407330, 4859104; 407338, 4859088; 407346, 4859075; 
407358, 4859064; 407370, 4859057; 407389, 4859050; 407418, 4859039; 
407436, 4859029; 407456, 4859016; 407479, 4858997; 407512, 4858967; 
407531, 4858948; 407553, 4858931; 407578, 4858906; 407587, 4858884; 
407598, 4858846; 407612, 4858818; 407618, 4858789; 407626, 4858760; 
407629, 4858742; 407628, 4858717; 407620, 4858691; 407614, 4858674; 
407620, 4858633; 407632, 4858609; 407642, 4858581; 407653, 4858557; 
407671, 4858532; 407690, 4858502; 407696, 4858486; 407698, 4858467; 
407701, 4858458; 407680, 4858431; 407643, 4858402; 407632, 4858399; 
407606, 4858357; 407565, 4858283; 407532, 4858251; 407492, 4858191; 
407465, 4858155; 407454, 4858128; 407454, 4858063; 407402, 4858010; 
407335, 4857991; 407297, 4857996; 407266, 4857991; 407232, 4857990; 
407202, 4857979; 407181, 4857951; 407161, 4857908; 407145, 4857855; 
407131, 4857792; 407127, 4857763; 407114, 4857726; 407091, 4857601; 
407077, 4857519; 407056, 4857385; 407020, 4857165; 407011, 4857100; 
406996, 4856986; 406988, 4856901; 406903, 4856901 proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 407399, 4860677.
    (ii) Note: Unit OR 8A (Map M17) follows:

[[Page 75667]]

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[[Page 75668]]


    (20) Unit OR-8B, Douglas County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Tahkenitch Creek, Oregon, 
land bounded by the following UTM 10 NAD 27 coordinates (E,N): 406852, 
4856627; 406942, 4856626; 406889, 4856228; 406828, 4855764; 406774, 
4855388; 406719, 4855094; 406721, 4855073; 406730, 4855047; 406756, 
4855023; 406790, 4855013; 406827, 4855005; 406838, 4854996; 406814, 
4854864; 406815, 4854839; 406811, 4854804; 406803, 4854769; 406786, 
4854746; 406783, 4854725; 406772, 4854680; 406749, 4854626; 406750, 
4854588; 406730, 4854491; 406714, 4854455; 406710, 4854438; 406714, 
4854398; 406700, 4854301; 406683, 4854216; 406675, 4854197; 406620, 
4854190; 406594, 4854176; 406580, 4854166; 406555, 4853957; 406555, 
4853937; 406601, 4853932; 406634, 4853937; 406665, 4853927; 406682, 
4853910; 406679, 4853865; 406665, 4853815; 406650, 4853786; 406616, 
4853747; 406581, 4853723; 406540, 4853705; 406524, 4853687; 406510, 
4853680; 406503, 4853648; 406324, 4852508; 406311, 4852397; 406288, 
4852279; 406188, 4851651; 406139, 4851272; 406109, 4850981; 406094, 
4850862; 406112, 4850810; 406136, 4850769; 406164, 4850739; 406205, 
4850717; 406241, 4850648; 406268, 4850527; 406271, 4850439; 406254, 
4850357; 406243, 4850277; 406233, 4850190; 406208, 4850159; 406180, 
4850148; 406191, 4850118; 406178, 4850052; 406150, 4849995; 406161, 
4849964; 406180, 4849942; 406149, 4849887; 406142, 4849859; 406131, 
4849818; 406125, 4849763; 406106, 4849709; 406076, 4849613; 406089, 
4849501; 406063, 4849426; 406033, 4849393; 405990, 4849385; 405951, 
4849350; 405932, 4849323; 405929, 4849295; 405920, 4849255; 405881, 
4849256; 405829, 4849252; 405798, 4849226; 405768, 4849126; 405705, 
4848682; 405672, 4848514; 405609, 4848210; 405576, 4847990; 405543, 
4847814; 405461, 4847397; 405367, 4846902; 405280, 4846370; 405238, 
4846136; 405096, 4845425; 405005, 4845433; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 406852, 4856627.
    (ii) Note: Unit OR 8B (Map M18) follows:

[[Page 75669]]

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[[Page 75670]]


    (21) Unit OR-8C, Douglas County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Winchester Bay, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 403950, 
4840360; 404033, 4840333; 403766, 4839137; 403684, 4838764; 403681, 
4838748; 403581, 4838751; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
403950, 4840360.
    (ii) Note: Unit OR-8C (Map M19) follows:

[[Page 75671]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.018


[[Page 75672]]


    (22) Unit OR-8D, Coos County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Lakeside, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 401636, 
4828760; 401679, 4828749; 401747, 4828726; 401658, 4828374; 401613, 
4828096; 401470, 4827477; 401409, 4827191; 401129, 4826018; 401127, 
4826013; 401086, 4825757; 401054, 4825630; 401025, 4825485; 400988, 
4825352; 400986, 4825307; 401004, 4825278; 401041, 4825223; 401105, 
4825207; 401218, 4825201; 401279, 4825159; 401303, 4825088; 401306, 
4825027; 401290, 4824934; 401229, 4824826; 401173, 4824723; 401118, 
4824609; 400993, 4824523; 400901, 4824418; 400880, 4824308; 400860, 
4824209; 400860, 4824112; 400857, 4824072; 400855, 4824044; 400852, 
4824012; 400827, 4823985; 400798, 4823971; 400769, 4823937; 400747, 
4823910; 400729, 4823894; 400718, 4823871; 400697, 4823844; 400679, 
4823812; 400650, 4823775; 400612, 4823704; 400552, 4823593; 400483, 
4823365; 400446, 4823262; 400393, 4823043; 400362, 4822926; 400335, 
4822833; 400320, 4822785; 400224, 4822422; 400189, 4822303; 400141, 
4822147; 400030, 4822156; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
401636, 4828760.
    (ii) Note: Units OR 8D (Map M20).

[[Page 75673]]

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[[Page 75674]]


    (23) Unit OR-9, Coos County, Oregon.
    (i) From USGS 1:24,000 quadrangle maps Empire, and Charleston, 
Oregon, land bounded by the following UTM 10 NAD 27 coordinates (E,N): 
401636, 4828760; 394245, 4805890; 393957, 4805261; 393701, 4804768; 
393592, 4804572; 393390, 4804169; 393440, 4804146; 393286, 4803816; 
393209, 4803614; 393042, 4803271; 392971, 4803090; 392984, 4802913; 
392971, 4802808; 392997, 4802749; 393060, 4802650; 392984, 4802525; 
392909, 4802426; 392851, 4802339; 392965, 4802319; 393103, 4802120; 
393037, 4801882; 392991, 4801895; 392942, 4801829; 392915, 4801780; 
392702, 4801829; 392390, 4801908; 392192, 4801921; 392137, 4801773; 
392058, 4801603; 391696, 4801111; 391595, 480115 proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 401636, 4828760.
    (ii) Note: Units OR 9 (Map M21) follows:

[[Page 75675]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.020


[[Page 75676]]


    (24) Unit OR-10A, Coos County and Curry County, Oregon.
    (i) From USGS 1:24,000 quadrangle maps Bandon, Floras Lake, and 
Langlois, Oregon, land bounded by the following UTM 10 NAD 27 
coordinates (E,N): 383032, 4769361; 383046, 4769436; 383042, 4769495; 
383042, 4769541; 383036, 4769584; 383034, 4769625; 383032, 4769672; 
383047, 4769672; 383079, 4769666; 383115, 4769654; 383145, 4769655; 
383178, 4769655; 383202, 4769645; 383228, 4769633; 383248, 4769596; 
383259, 4769526; 383250, 4769486; 383225, 4769479; 383179, 4769476; 
383171, 4769447; 383135, 4769361; 383100, 4769213; 383079, 4769128; 
383063, 4769061; 383047, 4768989; 383045, 4768946; 383030, 4768890; 
383012, 4768820; 382991, 4768707; 382977, 4768620; 382965, 4768535; 
382940, 4768432; 382917, 4768316; 382895, 4768227; 382870, 4768128; 
382853, 4768018; 382833, 4767920; 382798, 4767778; 382768, 4767645; 
382735, 4767504; 382713, 4767389; 382691, 4767273; 382666, 4767174; 
382643, 4767072; 382628, 4766975; 382608, 4766922; 382591, 4766834; 
382566, 4766684; 382544, 4766554; 382576, 4766510; 382603, 4766451; 
382644, 4766419; 382674, 4766392; 382671, 4766339; 382641, 4766274; 
382588, 4766209; 382541, 4766138; 382545, 4766086; 382567, 4766024; 
382556, 4765947; 382545, 4765889; 382529, 4765815; 382508, 4765731; 
382480, 4765623; 382443, 4765515; 382432, 4765445; 382402, 4765359; 
382379, 4765289; 382368, 4765189; 382358, 4765107; 382333, 4765011; 
382296, 4764904; 382289, 4764842; 382255, 4764757; 382230, 4764699; 
382219, 4764637; 382198, 4764585; 382190, 4764527; 382180, 4764495; 
382154, 4764458; 382142, 4764403; 382142, 4764352; 382142, 4764287; 
382120, 4764238; 382110, 4764191; 382108, 4764152; 382081, 4764081; 
382057, 4764030; 382051, 4764000; 382053, 4763958; 382032, 4763917; 
382035, 4763877; 382038, 4763851; 381965, 4763851; 381908, 4763845; 
381855, 4763831; 381835, 4763787; 381815, 4763732; 381796, 4763652; 
381768, 4763565; 381740, 4763474; 381700, 4763351; 381665, 4763216; 
381633, 4763117; 381613, 4763049; 381577, 4762926; 381547, 4762797; 
381509, 4762682; 381487, 4762602; 381457, 4762530; 381435, 4762449; 
381415, 4762385; 381387, 4762281; 381356, 4762183; 381331, 4762117; 
381322, 4762102; 381279, 4761979; 381241, 4761866; 381217, 4761735; 
381284, 4761715; 381342, 4761681; 381292, 4761524; 381229, 4761341; 
381210, 4761227; 381165, 4761047; 381126, 4760920; 381057, 4760801; 
381017, 4760674; 380975, 4760600; 380940, 4760529; 380922, 4760431; 
380893, 4760280; 380861, 4760150; 380845, 4760050; 380821, 4759978; 
380771, 4759894; 380735, 4759845; 380710, 4759775; 380685, 4759712; 
380647, 4759617; 380621, 4759515; 380602, 4759445; 380558, 4759388; 
380539, 4759293; 380507, 4759191; 380469, 4759070; 380450, 4758982; 
380431, 4758842; 380405, 4758791; 380386, 4758721; 380361, 4758639; 
380348, 4758556; 380340, 4758479; 380312, 4758387; 380278, 4758300; 
380183, 4758086; 379983, 4758087; 379957, 4757987; 379865, 4757759; 
379821, 4757615; 379737, 4757407; 379704, 4757340; 379624, 4757140; 
379560, 4756968; 379496, 4756803; 379432, 4756628; 379387, 4756528; 
379333, 4756378; 379270, 4756202; 379190, 4756013; 379160, 4755949; 
379119, 4755837; 379072, 4755728; 379003, 4755562; 378939, 4755407; 
378934, 4755397; 378894, 4755299; 378848, 4755186; 378802, 4755067; 
378732, 4754907; 378684, 4754772; 378652, 4754685; 378588, 4754546; 
378553, 4754457; 378497, 4754350; 378440, 4754210; 378435, 4754197; 
378372, 4754061; 378343, 4753975; 378311, 4753896; 378286, 4753834; 
378276, 4753808; 378264, 4753779; 378238, 4753706; 378235, 4753663; 
378233, 4753630; 378226, 4753586; 378215, 4753550; 378208, 4753517; 
378208, 4753479; 378193, 4753454; 378168, 4753407; 378140, 4753371; 
378140, 4753331; 378149, 4753278; 378140, 4753234; 378110, 4753195; 
378099, 4753128; 378063, 4753070; 378034, 4753026; 378017, 4752979; 
377999, 4752941; 377988, 4752913; 377955, 4752901; 377934, 4752879; 
377939, 4752854; 377935, 4752828; 377911, 4752803; 377895, 4752751; 
377879, 4752704; 377867, 4752664; 377851, 4752619; 377850, 4752586; 
377832, 4752547; 377811, 4752531; 377785, 4752535; 377769, 4752528; 
377750, 4752506; 377728, 4752511; 377714, 4752531; 377697, 4752531; 
377703, 4752515; 377700, 4752489; 377688, 4752482; 377692, 4752456; 
377673, 4752408; 377646, 4752346; 377641, 4752310; 377639, 4752271; 
377630, 4752232; 377594, 4752154; 377575, 4752116; 377560, 4752101; 
377543, 4752081; 377528, 4752077; 377524, 4752063; 377532, 4752050; 
377506, 4752057; 377484, 4752070; 377462, 4752061; 377445, 4752023; 
377415, 4751972; 377378, 4751899; 377368, 4751881; 377287, 4751726; 
377202, 4751552; 377118, 4751382; 377052, 4751245; 377001, 4751131; 
376982, 4751082; 376962, 4751045; 376928, 4750980; 376866, 4750871; 
376751, 4750655; 376686, 4750517; 376667, 4750450; 376658, 4750421; 
376640, 4750398; 376621, 4750368; 376621, 4750340; 376624, 4750312; 
376624, 4750295; 376616, 4750282; 376607, 4750262; 376599, 4750241; 
376588, 4750216; 376577, 4750207; 376442, 4750212; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 383032, 4769361.
    (ii) Note: Units OR 10A (Map M22) follows:

[[Page 75677]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.021


[[Page 75678]]


    (25) Unit OR-10B, Curry County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Cape Blanco, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 374260, 
4745960; 374314, 4745907; 374279, 4745835; 374192, 4745721; 374165, 
4745664; 374150, 4745590; 374200, 4745538; 374259, 4745504; 374298, 
4745489; 374320, 4745451; 374337, 4745406; 374361, 4745373; 374373, 
4745337; 374376, 4745298; 374367, 4745268; 374352, 4745232; 374334, 
4745205; 374226, 4745194; 374160, 4745216; 374083, 4745202; 374027, 
4745166; 373977, 4745207; 373969, 4745263; 373977, 4745329; 373983, 
4745379; 373948, 4745350; 373919, 4745300; 373885, 4745231; 373876, 
4745161; 373872, 4745115; 373864, 4745070; 373842, 4745035; 373819, 
4744978; 373784, 4744944; 373750, 4744929; 373681, 4744915; 373662, 
4744875; 373629, 4744819; 373593, 4744717; 373562, 4744578; 373562, 
4744578; 373503, 4744580; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
374260, 4745960.
    (ii) Note: Unit OR-10B (Map M23) follows:

[[Page 75679]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.022


[[Page 75680]]


    (26) Unit OR-10C, Curry County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Cape Blanco, Oregon, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 374519, 
4740961; 374556, 4740953; 374606, 4740901; 374661, 4740817; 374705, 
4740740; 374746, 4740729; 374802, 4740690; 374832, 4740636; 374830, 
4740602; 374832, 4740565; 374840, 4740512; 374854, 4740467; 374866, 
4740424; 374871, 4740375; 374888, 4740319; 374905, 4740272; 374920, 
4740229; 374926, 4740181; 374937, 4740107; 374936, 4740037; 374953, 
4739984; 374976, 4739927; 374998, 4739875; 375019, 4739820; 375064, 
4739692; 375112, 4739562; 375160, 4739383; 375224, 4739164; 375267, 
4739024; 375309, 4738905; 375354, 4738763; 375395, 4738741; 375428, 
4738744; 375450, 4738722; 375464, 4738651; 375474, 4738603; 375445, 
4738554; 375443, 4738453; 375481, 4738378; 375536, 4738323; 375534, 
4738275; 375516, 4738246; 375516, 4738194; 375522, 4738128; 375528, 
4738072; 375521, 4738023; 375519, 4737985; 375521, 4737931; 375541, 
4737888; 375537, 4737835; 375600, 4737434; 375533, proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 374519, 4740961.
    (ii) Note: Unit OR-10C (Map M24) follows:

[[Page 75681]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.023


[[Page 75682]]


    (27) Unit OR-11, Curry County, Oregon.
    (i) From USGS 1:24,000 quadrangle map Ophir, Oregon, land bounded 
by the following UTM 10 NAD 27 coordinates (E,N): 385905, 4713626; 
385993, 4713626; 385989, 4713589; 385989, 4713556; 386000, 4713524; 
386001, 4713474; 385994, 4713439; 385991, 4713412; 385982, 4713369; 
385976, 4713340; 385973, 4713309; 385965, 4713278; 385962, 4713256; 
385966, 4713234; 385966, 4713208; 385957, 4713179; 385970, 4713134; 
385994, 4713103; 386012, 4713069; 386019, 4713036; 386031, 4712992; 
386027, 4712938; 386014, 4712919; 385995, 4712912; 385965, 4712889; 
385952, 4712862; 385956, 4712836; 385970, 4712805; 385992, 4712752; 
386009, 4712717; 386043, 4712713; 386074, 4712704; 386054, 4712687; 
386032, 4712668; 386009, 4712660; 385987, 4712658; 385956, 4712652; 
385931, 4712631; 385902, 4712625; 385885, 4712612; 385898, 4712569; 
385904, 4712521; 385895, 4712473; 385896, 4712427; 385893, 4712375; 
385885, 4712335; 385864, 4712295; 385836, 4712274; 385804, 4712268; 
385762, 4712271; 385729, 4712275; 385711, 4712250; 385704, 4712220; 
385699, 4712187; 385694, 4712158; 385692, 4712137; 385685, 4712118; 
385675, 4712079; 385663, 4712049; 385652, 4712017; 385649, 4711996; 
385600, 4711856; 385600, 4711856; 385531, 4711877; 385513, 4711884; 
proceed generally N following the mean low water mark (defined at the 
beginning of the section) and returning to 385905, 4713626.
    (ii) Note: Unit OR-11 (Map M25) follows:

[[Page 75683]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.024


[[Page 75684]]


    (28) Unit OR-12, Gray's Harbor County, Washington.
    (i) From USGS 1:24,000 quadrangle maps Empire, and Charleston, 
Oregon, land bounded by the following UTM 10 NAD 27 coordinates (E,N): 
401636, 4828760; 394245, 4805890; 393957, 4805261; 393701, 4804768; 
393592, 4804572; 393390, 4804169; 393440, 4804146; 393286, 4803816; 
393209, 4803614; 393042, 4803271; 392971, 4803090; 392984, 4802913; 
392971, 4802808; 392997, 4802749; 393060, 4802650; 392984, 4802525; 
392909, 4802426; 392851, 4802339; 392965, 4802319; 393103, 4802120; 
393037, 4801882; 392991, 4801895; 392942, 4801829; 392915, 4801780; 
392702, 4801829; 392390, 4801908; 392192, 4801921; 392137, 4801773; 
392058, 4801603; 391696, 4801111; 391595, 480115; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 401636, 4828760.
    (ii) Note: Unit OR-12 (Map M26) follows:

[[Page 75685]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.025


[[Page 75686]]


    (29) Unit CA-1, Del Norte County, California.
    (i) From USGS 1:24,000 quadrangle map Crescent City, California, 
land bounded by the following UTM 10 NAD 27 coordinates (E,N): 399441, 
4635774; 399504, 4635777; 399425, 4635468; 399384, 4635314; 399275, 
4634785; 398991, 4633566; 398466, 4631552; 398670, 4631260; 398324, 
4631005; 398324, 4631005; 398209, 4631037; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 399441, 4635774.
    (ii) Note: Units CA-1 (Map M27) follows:

[[Page 75687]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.026


[[Page 75688]]


    (30) Unit CA-2, Humboldt County, California.
    (i) From USGS 1:24,000 quadrangle maps Rodgers Peak, and Trinadad, 
California, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 406854, 4563175; 406909, 4563169; 406777, 4562537; 406691, 
4561673; 406135, 4560211; 405555, 4558600; 405187, 4557482; 404923, 
4557330; proceed generally N following the mean low water mark (defined 
at the beginning of the section) and returning to 406854, 4563175.
    (ii) Note: Units CA-2 (Map M28) follows:

[[Page 75689]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.027


[[Page 75690]]


    (31) Unit CA-3A, Humboldt County, California.
    (i) From USGS 1:24,000 quadrangle maps Crannell, and Arcata North, 
California, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 406554, 4541473; 406850, 4541471; 406870, 4540965; 406746, 
4540695; 406583, 4540426; 406413, 4539149; 406354, 4538891; 406371, 
4538797; 406294, 4538652; 406149, 4538652; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 406554, 4541473.
    (ii) Note: Units CA-3A, CA-3B (Map M29) follows after description 
of CA-3B:
    (32) Unit CA-3B, Humboldt County, California.
    (i) From USGS 1:24,000 quadrangle maps Arcata North, and Tyee City, 
California, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 405657, 4536319; 405968, 4536317; 404931, 4531851; 404539, 
4531879 proceed generally N following the mean low water mark (defined 
at the beginning of the section) and returning to 405657, 4536319.
    (ii) Note: Units CA-3A, CA-3B (Map M29) follows:

[[Page 75691]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.028


[[Page 75692]]


    (33) Unit CA-4A, Humboldt County, California.
    (i) From USGS 1:24,000 quadrangle maps Eureka, Fields Landing, and 
Cannibal Island, California, land bounded by the following UTM 10 NAD 
27 coordinates (E,N): 395866, 4512270; 395968, 4512054; 395898, 
4511510; 395741, 4511140; 394616, 4509320; 394166, 4508589; 392132, 
4505460; 392114, 4505473 proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
395866, 4512270.
    (ii) Note: Units CA-4A (Map M30) follows:

[[Page 75693]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.029


[[Page 75694]]


    (34) Unit CA-4B, Humboldt County, California.
    (i) From USGS 1:24,000 quadrangle map Cannibal Island, California, 
land bounded by the following UTM 10 NAD 27 coordinates (E,N): 392114, 
4505473; 392178, 4505423; 392157, 4505254; 391892, 4504800; 391616, 
4504350; 390808, 4502622; 390100, 4501334; 389495, 4499927; 389538, 
4499526; 389226, 4499809 proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
392114, 4505473.
    (ii) Note: Units CA-4B (Map M31) follows:

[[Page 75695]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.030


[[Page 75696]]


    (35) Unit CA-4C, Humboldt County, California.
    (i) From USGS 1:24,000 quadrangle maps Cannibal Island, and 
Ferndale, California, land bounded by the following UTM 10 NAD 27 
coordinates (E,N): 389046, 4499539; 389171, 4499501; 388506, 4498145; 
385862, 4492184; 385723, 4492184 proceed generally N following the mean 
low water mark (defined at the beginning of the section) and returning 
to 389046, 4499539.
    (ii) Note: Unit CA-4C (Map M32) follows:

[[Page 75697]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.031


[[Page 75698]]


    (36) Unit CA-4D, Humboldt County, California.
    (i) From USGS 1:24,000 quadrangle map Fortuna, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 398394, 
4496472; 399149, 4496127; 400242, 4495244; 401586, 4494208; 402142, 
4492667; 402449, 4491912; 402481, 4491253; 402263, 4490095; 402276, 
4489021; 402468, 4488324; 402916, 4487812; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 398394, 4496472.
    (ii) Note: Unit CA-4D (Map M33) follows:

[[Page 75699]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.032


[[Page 75700]]


    (37) Unit CA-5, Mendocino County, California.
    (i) From USGS 1:24,000 quadrangle map Inglenook, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 434183, 
4378272; 434210, 4378274; 434246, 4377994; 434507, 4377586; 434498, 
4376652; 434928, 4376643; 434941, 4376311; 434702, 4375952; 434316, 
4375850; 434321, 4375592; 433949, 4375521; 433722, 4375797; 433623, 
4375691; 433938, 4375209; 434062, 4374702; 434048, 4374174; 434190, 
4373926; 434133, 4373749; 433892, 4373805; 433570, 4374036; 433436, 
4374324; 433498, 4374626; 433493, 4374864; 433391, 4374920; 433325, 
4374764; 433205, 4374397; 433246, 4374176; 433373, 4374009; 433684, 
4372868; 433502, 4372573; 432647, 4372582; 432442, 4372975; proceed 
generally N following the mean low water mark (defined at the beginning 
of the section) and returning to 434183, 4378272.
    (ii) Note: Unit CA-5 (Map M34) follows:

[[Page 75701]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.033


[[Page 75702]]


    (38) Unit CA-6, Mendocino County, California.
    (i) From USGS 1:24,000 quadrangle maps Mallo Pass Creek, and Point 
Arena California, land bounded by the following UTM 10 NAD 27 
coordinates (E,N): 439747, 4317317; 439796, 4317313; 439669, 4316995; 
439235, 4315894; 438610, 4314327; 438483, 4314133; 438349, 4313805; 
438391, 4313293; 438277, 4312863; 438136, 4312640; 438192, 4311851; 
437426, 4311863; 437428, 4312213; 437179, 4312237; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 439747, 4317317.
    (ii) Note: Unit CA-6 (Map M35) follows:

[[Page 75703]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.034


[[Page 75704]]


    (39) Unit CA-7, Marin County, California.
    (i) From USGS 1:24,000 quadrangle map Tomales, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 502478, 
4231535; 502518, 4231639; 502600, 4231807; 502640, 4231949; 502716, 
4232040; 502749, 4232104; 502757, 4232175; 502756, 4232185; 502756, 
4232196; 502756, 4232216; 502759, 4232241; 502764, 4232262; 502768, 
4232278; 502771, 4232289; 502774, 4232295; 502823, 4232462; 502850, 
4232578; 502850, 4232578; 502852, 4232600; 502856, 4232616; 502861, 
4232631; 502864, 4232641; 502868, 4232653; 502878, 4232696; 502898, 
4232884; 502900, 4232983; 502901, 4233031; 502914, 4233121; 502916, 
4233135; 502936, 4233201; 502942, 4233247; 502973, 4233247; 502935, 
4233131; 502915, 4232977; 502884, 4232667; 502772, 4232237; 502758, 
4232101; 502740, 4232042; 502672, 4231629; 502733, 4231351; 502660, 
4231345; 502650, 4231336; 502642, 4231326; 502633, 4231318; 502621, 
4231307; 502614, 4231306; 502606, 4231301; 502600, 4231299; 502591, 
4231298; 502582, 4231302; 502574, 4231307; 502568, 4231311; 502565, 
4231313; 502556, 4231326; 502553, 4231331; 502549, 4231332; 502526, 
4231355; 502516, 4231377; 502500, 4231414; 502498, 4231417; 502493, 
4231428; 502485, 4231446; 502485, 4231449; 502483, 4231455; 502480, 
4231472; 502480, 4231487; 502480, 4231495; 502480, 4231505; returning 
to 502478, 4231535.
    (ii) Note: Unit CA-7 (Map M36) follows:

[[Page 75705]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.035


[[Page 75706]]


    (40) Unit CA-8, Marin County, California.
    (i) From USGS 1:24,000 quadrangle maps Tomales, and Drakes Bay, 
California, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 504572, 4222726; 504572, 4222726; 504614, 4222726; 504533, 
4222176; 504474, 4221753; 504423, 4221606; 504323, 4220932; 504115, 
4220064; 504015, 4219779; 503828, 4219017; 503862, 4218832; 503786, 
4218734; 503872, 4218442; 503881, 4218252; 503864, 4218189; 504076, 
4218038; 504054, 4217950; 504303, 4217736; 503996, 4217911; 503852, 
4217840; 503755, 4217538; 503404, 4217327; 503248, 4217088; 503131, 
4216783; 503063, 4216501; 502871, 4215990; 502578, 4215108; 502379, 
4214536; 502420, 4214406; 502698, 4214160; 502576, 4214092; 502308, 
4214311; 501984, 4213425; 501745, 4212755; 501458, 4211988; 501205, 
4211284; 501258, 4211192; 501175, 4211211; 500930, 4210500; 500900, 
4210342; 500793, 4210193; 500720, 4209996; 500637, 4209716; 500474, 
4209346; 500433, 4209173; 500364, 4209049; 500289, 4208756; 500194, 
4208591; 500009, 4208106; 499997, 4207982; 499943, 4207897; 499858, 
4207658; 499821, 4207609; 499817, 4207502; 499707, 4207202; 499580, 
4206933; 499511, 4206729; 499411, 4206501; 499306, 4206118; 499361, 
4205940; 499323, 4205958; 499335, 4205836; 499191, 4205825; 499100, 
4205651; 498998, 4205696; 498933, 4205752; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 504572, 4222726.
    (ii) Note: Unit CA-8 (Map M37) follows:

[[Page 75707]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.036


[[Page 75708]]


    (41) Unit CA-9, Marin County, California.
    (i) From USGS 1:24,000 quadrangle map Drakes Bay, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 506112, 
4209385; 506127, 4209403; 506148, 4209411; 506156, 4209407; 506160, 
4209409; 506164, 4209409; 506175, 4209409; 506181, 4209408; 506190, 
4209406; 506199, 4209398; 506212, 4209393; 506224, 4209381; 506227, 
4209377; 506236, 4209364; 506250, 4209351; 506258, 4209335; 506283, 
4209313; 506304, 4209295; 506356, 4209248; 506636, 4208969; 506702, 
4208934; 506808, 4208934; 506886, 4208919; 506941, 4208908; 507068, 
4208896; 507113, 4208881; 507123, 4208888; 507103, 4208939; 507113, 
4208949; 507123, 4208947; 507125, 4208947; 507125, 4208947; 507136, 
4208944; 507169, 4208919; 507257, 4208926; 507262, 4208927; 507276, 
4208929; 507278, 4208928; 507398, 4208937; 507451, 4208967; 507465, 
4208969; 507473, 4208976; 507475, 4208978; 507479, 4208977; 507486, 
4208976; 507497, 4208980; 507504, 4208982; 507509, 4208988; 507513, 
4208990; 507524, 4208995; 507539, 4208993; 507554, 4208995; 507557, 
4208996; 507564, 4208994; 507571, 4208993; 507588, 4208983; 507672, 
4208957; 507725, 4208955; 507734, 4208948; 507740, 4208941; 507742, 
4208942; 507745, 4208943; 507754, 4208938; 507759, 4208931; 507809, 
4208942; 507821, 4208933; 507826, 4208934; 507829, 4208935; 507833, 
4208930; 507835, 4208929; 507838, 4208927; 507841, 4208925; 507848, 
4208920; 507853, 4208911; 507860, 4208908; 507934, 4208927; 507969, 
4208945; 507995, 4209003; 508011, 4209013; 508013, 4209018; 508016, 
4209019; 508030, 4209025; 508047, 4209034; 508048, 4209035; 508050, 
4209034; 508068, 4209029; 508081, 4209024; 508098, 4209021; 508101, 
4209019; 508150, 4209009; 508228, 4208993; 508269, 4208978; 508305, 
4208939; 508313, 4208932; 508315, 4208928; 508330, 4208912; 508483, 
4208887; 508485, 4208887; 508500, 4208884; 508513, 4208881; 508589, 
4208894; 508691, 4208894; 508700, 4208902; 508700, 4208822; 510301, 
4208503; 510301, 4208469; 510275, 4208473; 510258, 4208478; 510237, 
4208484; 510228, 4208485; 510202, 4208487; 510165, 4208496; 510134, 
4208505; 510112, 4208510; 510072, 4208518; 510040, 4208527; 510006, 
4208529; 509977, 4208540; 509963, 4208543; 509958, 4208543; 509938, 
4208546; 509898, 4208553; 509862, 4208555; 509851, 4208558; 509835, 
4208563; 509824, 4208566; 509802, 4208571; 509778, 4208576; 509750, 
4208578; 509731, 4208579; 509680, 4208585; 509627, 4208595; 509577, 
4208604; 509563, 4208609; 509555, 4208612; 509539, 4208617; 509508, 
4208629; 509462, 4208642; 509448, 4208645; 509439, 4208647; 509429, 
4208648; 509392, 4208661; 509385, 4208663; 509347, 4208677; 509308, 
4208680; 509279, 4208688; 509258, 4208693; 509232, 4208697; 509196, 
4208700; 509178, 4208701; 508902, 4208724; 508704, 4208751; 508696, 
4208750; 508682, 4208746; 508665, 4208742; 508632, 4208740; 508601, 
4208747; 508577, 4208748; 508560, 4208749; 508545, 4208753; 508525, 
4208758; 508498, 4208761; 508450, 4208766; 508431, 4208764; 508396, 
4208761; 508350, 4208763; 508347, 4208763; 508312, 4208768; 508275, 
4208767; 508237, 4208774; 508216, 4208775; 508199, 4208775; 508178, 
4208779; 508166, 4208782; 508150, 4208784; 508134, 4208786; 508100, 
4208789; 508095, 4208789; 508065, 4208793; 508056, 4208793; 508019, 
4208789; 507980, 4208798; 507948, 4208793; 507920, 4208793; 507910, 
4208794; 507867, 4208789; 507821, 4208791; 507775, 4208790; 507763, 
4208792; 507743, 4208793; 507736, 4208794; 507690, 4208795; 507651, 
4208792; 507617, 4208793; 507611, 4208793; 507605, 4208792; 507602, 
4208792; 507576, 4208790; 507547, 4208791; 507539, 4208791; 507487, 
4208789; 507446, 4208791; 507393, 4208795; 507338, 4208787; 507282, 
4208785; 507236, 4208792; 507235, 4208792; 507221, 4208796; 507202, 
4208794; 507189, 4208799; 507180, 4208798; 507152, 4208804; 507140, 
4208807; 507117, 4208812; 507104, 4208816; 507089, 4208816; 507071, 
4208816; 507066, 4208818; 507040, 4208823; 507038, 4208824; 507007, 
4208830; 507001, 4208833; 506975, 4208844; 506962, 4208850; 506875, 
4208863; 506828, 4208855; 506821, 4208851; 506817, 4208849; 506799, 
4208840; 506780, 4208829; 506759, 4208821; 506739, 4208815; 506738, 
4208815; 506712, 4208815; 506711, 4208816; 506702, 4208812; 506675, 
4208814; 506663, 4208811; 506659, 4208810; 506655, 4208811; 506640, 
4208813; 506636, 4208814; 506624, 4208811; 506608, 4208809; 506582, 
4208814; 506547, 4208824; 506518, 4208825; 506486, 4208836; 506484, 
4208838; 506477, 4208840; 506457, 4208849; 506439, 4208863; 506434, 
4208871; 506430, 4208877; 506423, 4208885; 506417, 4208891; 506409, 
4208895; 506397, 4208910; 506367, 4208941; 506262, 4209015; 506194, 
4209093; 506158, 4209192; 506115, 4209314; and returning to 506112, 
4209385.
    (ii) Note: Unit CA-9 (Map M38) follows:

[[Page 75709]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.037


[[Page 75710]]


    (42) Unit CA-10, San Mateo County, California.
    (i) From USGS 1:24,000 quadrangle map Half Moon Bay, California, 
land bounded by the following UTM 10 NAD 27 coordinates (E,N): 548431, 
4148414; 548480, 4148414; 548972, 4147370; 549024, 4146767; 549079, 
4146435; 548995, 4146435; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
548431, 4148414.
    (ii) Note: Unit CA-10 (Map M39) follows:

[[Page 75711]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.038


[[Page 75712]]


    (43) Unit CA-11A, Santa Cruz County, California.
    (i) From USGS 1:24,000 quadrangle map Ano Nuevo, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 564224, 
4105591; 564223, 4105587; 564223, 4105573; 564228, 4105565; 564239, 
4105548; 564250, 4105535; 564261, 4105521; 564272, 4105509; 564284, 
4105491; 564300, 4105478; 564307, 4105467; 564310, 4105464; 564320, 
4105457; 564333, 4105437; 564335, 4105434; 564348, 4105415; 564352, 
4105411; 564363, 4105397; 564376, 4105385; 564385, 4105367; 564395, 
4105341; 564401, 4105321; 564403, 4105300; 564401, 4105280; 564400, 
4105273; 564397, 4105249; 564392, 4105215; 564379, 4105194; 564373, 
4105195; 564326, 4105243; 564324, 4105252; 564324, 4105263; 564324, 
4105285; 564319, 4105310; 564313, 4105344; 564310, 4105355; 564303, 
4105380; 564295, 4105401; 564287, 4105409; 564275, 4105421; 564247, 
4105442; 564236, 4105451; 564232, 4105454; 564226, 4105459; 564212, 
4105471; 564207, 4105475; 564181, 4105500; 564173, 4105507; 564153, 
4105525; 564145, 4105535; 564137, 4105544; 564104, 4105574; 564086, 
4105594; 564072, 4105611; 564068, 4105616; 564041, 4105649; 564025, 
4105671; 564013, 4105687; 564006, 4105696; 564007, 4105697; 564059, 
4105657; 564114, 4105629; 564210, 4105606; returning to 564224, 
4105591.
    (ii) Note: Unit CA-11A (Map M40) follows:

[[Page 75713]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.039


[[Page 75714]]


    (44) Unit CA-11B, Santa Cruz County, California.
    (i) From USGS 1:24,000 quadrangle map Davenport, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 568335, 
4099623; 568357, 4099641; 568491, 4099548; 568511, 4099559; 568644, 
4099426; 568705, 4099359; 568766, 4099278; 568789, 4099227; 568743, 
4099219; 568725, 4099203; 568732, 4099154; 568793, 4099079; 568797, 
4099050; 568724, 4099017; 568788, 4098813; 568812, 4098739; 568810, 
4098648; 568780, 4098657; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
568335, 4099623.
    (ii) Note: Unit CA-11B (Map M41) follows:

[[Page 75715]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.040


[[Page 75716]]


    (45) Unit CA-11C, Santa Cruz County, California.
    (i) From USGS 1:24,000 quadrangle map Santa Cruz, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 581976, 
4089882; 581995, 4089920; 582016, 4089973; 582043, 4090004; 582099, 
4090029; 582146, 4090031; 582186, 4090014; 582190, 4089975; 582220, 
4089960; 582286, 4089956; 582339, 4089976; 582379, 4089965; 582325, 
4089864; 582317, 4089828; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
581976, 4089882.
    (ii) Note: Unit CA-11C (Map M42) follows:

[[Page 75717]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.041


[[Page 75718]]


    (46) Unit CA-12A, Santa Cruz and Monterey County, California.
    (i) From USGS 1:24,000 quadrangle Moss Landing, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 602641, 
4085403; 602654, 4085404; 603028, 4084731; 603373, 4084116; 603545, 
4083826; 603665, 4083604; 603870, 4083253; 604164, 4082731; 604315, 
4082487; 604459, 4082290; 604619, 4082019; 604718, 4081811; 604925, 
4081464; 604841, 4081450; 605257, 4080620; 605397, 4080326; 605398, 
4080326; 605592, 4079919; 605832, 4079410; 606019, 4079061; 606022, 
4079028; 606023, 4079009; 606050, 4078964; 606080, 4078949; 606277, 
4079045; 606516, 4079006; 606477, 4078887; 606488, 4078773; 606513, 
4078667; 606673, 4078216; 606805, 4077593; 606937, 4077145; 607309, 
4076286; 607439, 4075964; 607746, 4075289; 607845, 4075159; 607908, 
4075072; 607961, 4074957; 607990, 4074859; 608020, 4074743; 608042, 
4074490; 608121, 4074315; 608143, 4074140; 608228, 4074188; 608261, 
4074146; 608200, 4074106; 608183, 4074090; 608173, 4074081; 608156, 
4074069; 608140, 4074057; 608122, 4074050; 608073, 4074061; 608061, 
4074077; proceed generally N following the mean low water mark (defined 
at the beginning of the section) and returning to 602641, 4085403.
    (ii) Note: Unit CA-12A, CA-12B (Map M43) follows after description 
of CA-12B:
    (47) Unit CA-12B, Monterey County, California.
    (i) From USGS 1:24,000 quadrangle map Moss Landing, California, 
land bounded by the following UTM 10 NAD 27 coordinates (E,N): 608763, 
4074606; 608691, 4074563; 608670, 4074673; 608584, 4074676; 608543, 
4074678; 608446, 4074735; 608439, 4074818; 608641, 4074826; 608664, 
4074856; 608625, 4075263; 608614, 4075389; 608635, 4075389; 608631, 
4075470; 608729, 4075467; 608787, 4075475; 608845, 4075503; 608883, 
4075530; 608927, 4075571; 608956, 4075595; 608997, 4075637; 609048, 
4075659; 609093, 4075666; 609168, 4075653; 609218, 4075654; 609270, 
4075672; 609344, 4075728; 609380, 4075742; 609451, 4075750; 609528, 
4075677; 609566, 4075533; 609597, 4075526; 609642, 4075452; 609672, 
4075419; 609693, 4075383; 609709, 4075374; 609746, 4075376; 609782, 
4075377; 609817, 4075380; 609856, 4075384; 609882, 4075367; 609917, 
4075348; 609958, 4075367; 609985, 4075364; 610013, 4075359; 610058, 
4075336; 610029, 4075268; 610029, 4075128; 609963, 4075106; 609930, 
4075084; 609878, 4075050; 609842, 4075010; 609817, 4074970; 609801, 
4074919; 609802, 4074868; 609786, 4074834; 609768, 4074794; 609748, 
4074758; 609727, 4074728; 609705, 4074713; 609656, 4074713; 609581, 
4074728; 609517, 4074739; 609454, 4074739; 609391, 4074732; 609351, 
4074722; 609319, 4074708; 609280, 4074688; 609244, 4074671; 609173, 
4074665; 609007, 4074650; 608939, 4074661; 608892, 4074643; 608840, 
4074635; returning to 608763, 4074606.
    (ii) Note: Unit CA-12A, CA-12B (Map M43) follows:

[[Page 75719]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.042


[[Page 75720]]


    (48) Unit CA-12C, Monterey County, California.
    (i) From USGS 1:24,000 quadrangle maps Moss Landing, Marina, 
Monterey, and Seaside, California, land bounded by the following UTM 10 
NAD 27 coordinates (E,N): 608095, 4073244; 608133, 4073227; 607996, 
4072880; 607902, 4072495; 607772, 4071909; 607694, 4071574; 607591, 
4071148; 607443, 4070157; 607373, 4070160; 607245, 4069481; 607176, 
4068986; 607090, 4068741; 607001, 4068525; 606953, 4068276; 606953, 
4068017; 607024, 4067655; 607171, 4067424; 607894, 4066580; 607776, 
4066516; 606886, 4067445; 606756, 4066852; 606732, 4066498; 606703, 
4066117; 606672, 4065708; 606867, 4065749; 606673, 4063481; 606687, 
4063333; 606613, 4062783; 606442, 4061895; 606471, 4061745; 606192, 
4060323; 605932, 4059393; 605644, 4058444; 605471, 4057935; 605330, 
4057781; 605318, 4057729; 605367, 4057641; 605122, 4056914; 604540, 
4055656; 604085, 4054788; 603708, 4054149; 603392, 4053595; 603250, 
4053455; 602816, 4052827; 602645, 4052695; 602573, 4052579; 602564, 
4052513; 602521, 4052435; 602234, 4052184; 602192, 4052213; 602056, 
4052083; 602101, 4052015; 602050, 4051954; 601738, 4051670; 601519, 
4051529; 601475, 4051598; 601360, 4051525; 601378, 4051460; 601268, 
4051408; 601241, 4051423; 601151, 4051378; 601176, 4051299; 601031, 
4051207; 601004, 4051262; 600872, 4051184; 600651, 4051075; 600615, 
4051163; 600616, 4051176; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
608095, 4073244.
    (ii) Note: Unit CA-12C (Map M44) follows:

[[Page 75721]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.043


[[Page 75722]]


    (49) Unit CA-13, Monterey County, California.
    (i) From USGS 1:24,000 quadrangle map Point Sur, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 599299, 
4019363; 599421, 4019200; 599320, 4018471; 599091, 4018323; 598903, 
4018365; 598903, 4018365; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
599299, 4019363.
    (ii) Note: Unit CA-13 (Map M45) follows:

[[Page 75723]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.044


[[Page 75724]]


    (50) Unit CA-14, San Luis Obispo County, California.
    (i) From USGS 1:24,000 quadrangle maps Pico Creek, and San Luis 
Obispo, California, land bounded by the following UTM 10 NAD 27 
coordinates (E,N): 669618, 3940622; 669684, 3940666; 669759, 3940658; 
669823, 3940570; 669860, 3940553; 670111, 3939799; 670221, 3939478; 
670238, 3939332; 670183, 3939330; proceed generally N following the 
mean low water mark (defined at the beginning of the section) and 
returning to 669618, 3940622.
    (ii) Note: Unit CA-14 (Map M46) follows:

[[Page 75725]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.045


[[Page 75726]]


    (51) Unit CA-15A, San Luis Obispo County, California.
    (i) From USGS 1:24,000 quadrangle map Cayucos, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 684204, 
3925805; 684260, 3925827; 684349, 3925831; 684316, 3925944; 684374, 
3925990; 684389, 3926027; 684425, 3926024; 684453, 3925985; 684721, 
3925617; 684671, 3925608; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
684204, 3925805.
    (ii) Note: Unit CA-15A (Map M47) follows:

[[Page 75727]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.046


[[Page 75728]]


    (52) Unit CA-15B, San Luis Obispo County, California.
    (i) From USGS 1:24,000 quadrangle maps Morro Bay North, and Morro 
Bay South, California, land bounded by the following UTM 10 NAD 27 
coordinates (E,N): 693585, 3919670; 693633, 3919693; 693966, 3918610; 
694140, 3918351; 694325, 3917088; 694276, 3916964; 694380, 3916291; 
694086, 3916286; proceed generally N following the mean low water mark 
(defined at the beginning of the section) and returning to 693585, 
3919670.
    (ii) Note: Unit CA-15B (Map M48) follows:

[[Page 75729]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.047


[[Page 75730]]


    (53) Unit CA-15C, San Luis Obispo County, California.
    (i) From USGS 1:24,000 quadrangle map Morro Bay South, California, 
land bounded by the following UTM 10 NAD 27 coordinates (E,N): 692781, 
3907206; 692782, 3907207; 692792, 3907235; 692798, 3907251; 692812, 
3907284; 692819, 3907312; 692820, 3907313; 692820, 3907315; 692829, 
3907340; 692844, 3907380; 692848, 3907388; 692857, 3907410; 692858, 
3907411; 692864, 3907430; 692873, 3907456; 692873, 3907456; 692889, 
3907486; 692890, 3907486; 692894, 3907490; 692898, 3907508; 692901, 
3907520; 692907, 3907547; 692911, 3907567; 692911, 3907568; 692918, 
3907604; 692932, 3907627; 692932, 3907628; 692933, 3907630; 692944, 
3907649; 692952, 3907668; 692955, 3907675; 692962, 3907693; 692964, 
3907697; 692969, 3907731; 692977, 3907755; 692979, 3907764; 692981, 
3907774; 692985, 3907793; 692996, 3907835; 693008, 3907868; 693019, 
3907915; 693029, 3907949; 693040, 3907978; 693053, 3908014; 693064, 
3908048; 693079, 3908088; 693091, 3908112; 693099, 3908128; 693104, 
3908140; 693119, 3908176; 693133, 3908214; 693143, 3908243; 693145, 
3908247; 693145, 3908248; 693154, 3908280; 693158, 3908305; 693161, 
3908323; 693162, 3908330; 693163, 3908346; 693164, 3908370; 693173, 
3908419; 693184, 3908464; 693193, 3908521; 693203, 3908563; 693213, 
3908596; 693224, 3908624; 693233, 3908641; 693249, 3908674; 693268, 
3908707; 693278, 3908732; 693290, 3908756; 693304, 3908794; 693311, 
3908836; 693330, 3908896; 693336, 3908918; 693343, 3908945; 693348, 
3908959; 693352, 3908969; 693356, 3908983; 693359, 3908996; 693371, 
3909033; 693379, 3909057; 693392, 3909093; 693410, 3909137; 693423, 
3909174; 693435, 3909198; 693440, 3909208; 693452, 3909245; 693462, 
3909278; 693463, 3909283; 693468, 3909307; 693480, 3909339; 693492, 
3909375; 693499, 3909405; 693502, 3909429; 693503, 3909440; 693515, 
3909475; 693515, 3909475; 693519, 3909484; 693527, 3909500; 693540, 
3909540; 693549, 3909573; 693559, 3909611; 693571, 3909651; 693580, 
3909692; 693584, 3909711; 693584, 3909714; 693588, 3909735; 693594, 
3909761; 693594, 3909763; 693598, 3909775; 693603, 3909795; 693611, 
3909833; 693619, 3909856; 693623, 3909880; 693629, 3909916; 693637, 
3909945; 693643, 3909976; 693649, 3910014; 693657, 3910048; 693662, 
3910057; 693671, 3910078; 693680, 3910113; 693691, 3910152; 693700, 
3910186; 693706, 3910217; 693710, 3910248; 693714, 3910278; 693721, 
3910306; 693726, 3910314; 693735, 3910333; 693745, 3910367; 693757, 
3910403; 693764, 3910429; 693765, 3910430; 693769, 3910450; 693770, 
3910454; 693774, 3910478; 693783, 3910496; 693788, 3910508; 693792, 
3910522; 693797, 3910540; 693798, 3910563; 693799, 3910572; 693799, 
3910575; 693799, 3910576; 693806, 3910615; 693810, 3910636; 693811, 
3910660; 693816, 3910691; 693816, 3910695; 693816, 3910710; 693817, 
3910714; 693819, 3910733; 693826, 3910750; 693827, 3910750; 693830, 
3910758; 693839, 3910780; 693848, 3910803; 693857, 3910836; 693860, 
3910865; 693862, 3910878; 693862, 3910880; 693866, 3910893; 693869, 
3910905; 693870, 3910906; 693874, 3910932; 693884, 3910962; 693888, 
3910972; 693894, 3910990; 693903, 3911023; 693912, 3911050; 693918, 
3911077; 693927, 3911109; 693930, 3911127; 693934, 3911143; 693943, 
3911172; 693950, 3911195; 693952, 3911204; 693957, 3911235; 693957, 
3911236; 693961, 3911266; 693964, 3911276; 693970, 3911300; 693971, 
3911306; 693978, 3911334; 693983, 3911357; 693985, 3911372; 693986, 
3911375; 693991, 3911409; 693997, 3911433; 694003, 3911455; 694007, 
3911471; 694016, 3911511; 694020, 3911533; 694026, 3911567; 694031, 
3911604; 694034, 3911625; 694038, 3911660; 694048, 3911693; 694058, 
3911731; 694066, 3911765; 694070, 3911794; 694071, 3911814; 694080, 
3911846; 694090, 3911879; 694096, 3911910; 694103, 3911949; 694107, 
3911968; 694110, 3911979; 694117, 3912018; 694124, 3912065; 694129, 
3912090; 694131, 3912100; 694139, 3912152; 694142, 3912184; 694147, 
3912230; 694154, 3912266; 694156, 3912276; 694157, 3912283; 694161, 
3912318; 694163, 3912336; 694165, 3912364; 694166, 3912374; 694171, 
3912402; 694175, 3912422; 694183, 3912472; 694188, 3912514; 694192, 
3912554; 694195, 3912588; 694203, 3912629; 694206, 3912646; 694209, 
3912670; 694214, 3912694; 694217, 3912707; 694227, 3912756; 694230, 
3912774; 694232, 3912792; 694233, 3912795; 694237, 3912815; 694239, 
3912824; 694239, 3912829; 694245, 3912880; 694245, 3912895; 694246, 
3912917; 694245, 3912936; 694245, 3912939; 694244, 3912952; 694248, 
3912990; 694248, 3912996; 694251, 3913031; 694255, 3913080; 694255, 
3913085; 694256, 3913130; 694261, 3913174; 694266, 3913224; 694269, 
3913241; 694278, 3913274; 694288, 3913309; 694291, 3913320; 694300, 
3913350; 694306, 3913376; 694312, 3913393; 694317, 3913421; 694318, 
3913453; 694316, 3913478; 694315, 3913495; 694314, 3913515; 694313, 
3913544; 694311, 3913574; 694303, 3913640; 694301, 3913666; 694301, 
3913671; 694299, 3913699; 694296, 3913717; 694291, 3913744; 694291, 
3913762; 694298, 3913786; 694304, 3913806; 694308, 3913813; 694310, 
3913816; 694313, 3913828; 694311, 3913840; 694310, 3913842; 694305, 
3913854; 694301, 3913871; 694301, 3913886; 694305, 3913910; 694309, 
3913925; 694314, 3913934; 694320, 3913945; 694328, 3913968; 694329, 
3913986; 694327, 3914003; 694325, 3914025; 694323, 3914034; 694321, 
3914044; 694319, 3914067; 694320, 3914093; 694321, 3914111; 694321, 
3914114; 694322, 3914130; 694322, 3914135; 694317, 3914153; 694317, 
3914154; 694316, 3914155; 694314, 3914158; 694309, 3914167; 694304, 
3914178; 694302, 3914191; 694306, 3914199; 694310, 3914207; 694319, 
3914221; 694328, 3914229; 694337, 3914241; 694350, 3914257; 694360, 
3914285; 694366, 3914305; 694369, 3914329; 694370, 3914350; 694369, 
3914375; 694366, 3914398; 694362, 3914423; 694357, 3914435; 694348, 
3914461; 694337, 3914486; 694317, 3914518; 694310, 3914545; 694313, 
3914569; 694320, 3914595; 694331, 3914620; 694340, 3914640; 694340, 
3914640; 694343, 3914661; 694342, 3914682; 694340, 3914701; 694338, 
3914726; 694338, 3914728; 694337, 3914733; 694336, 3914742; 694334, 
3914751; 694329, 3914776; 694320, 3914821; 694313, 3914853; 694335, 
3914948; 694338, 3914951; 694346, 3914955; 694360, 3914962; 694371, 
3914969; 694378, 3914975; 694390, 3914998; 694393, 3915003; 694410, 
3915045; 694419, 3915082; 694421, 3915109; 694421, 3915112; 694454, 
3915178; 694399, 3915243; 694394, 3915254; 694384, 3915283; 694376, 
3915304; 694358, 3915342; 694348, 3915362; 694335, 3915390; 694324, 
3915423; 694311, 3915456; 694307, 3915466; 694298, 3915485; 694275, 
3915518; 694262, 3915541; 694253, 3915569; 694248, 3915595; 694244, 
3915627; 694241, 3915638; 694239, 3915646; 694234, 3915662; 694221, 
3915683; 694216, 3915694; 694217, 3915714; 694226, 3915733; 694240, 
3915755; 694259, 3915772; 694275, 3915793; 694291, 3915812; 694308, 
3915834; 694322, 3915847; 694337, 3915852; 694350, 3915856; 694372, 
3915860; 694392, 3915858; 694415, 3915855; 694438, 3915847; 694449, 
3915841; 694459, 3915836; 694475, 3915830; 694489, 3915824; 694502, 
3915810;

[[Page 75731]]

694509, 3915795; 694537, 3915758; 694545, 3915746; 694553, 3915724; 
694560, 3915705; 694567, 3915678; 694570, 3915654; 694574, 3915629; 
694578, 3915601; 694583, 3915586; 694591, 3915566; 694603, 3915543; 
694617, 3915528; 694637, 3915515; 694640, 3915514; 694665, 3915479; 
694690, 3915497; 694693, 3915496; 694708, 3915494; 694725, 3915497; 
694741, 3915498; 694755, 3915503; 694771, 3915510; 694783, 3915516; 
694792, 3915513; 694793, 3915512; 694796, 3915500; 694793, 3915489; 
694789, 3915481; 694781, 3915469; 694769, 3915455; 694757, 3915439; 
694744, 3915418; 694742, 3915412; 694727, 3915400; 694734, 3915389; 
694731, 3915382; 694731, 3915360; 694736, 3915349; 694743, 3915341; 
694754, 3915328; 694766, 3915315; 694772, 3915304; 694777, 3915295; 
694778, 3915291; 694782, 3915276; 694787, 3915251; 694799, 3915230; 
694827, 3915190; 694835, 3915175; 694842, 3915159; 694855, 3915140; 
694865, 3915114; 694870, 3915082; 694872, 3915049; 694873, 3915025; 
694875, 3915004; 694880, 3914984; 694888, 3914971; 694904, 3914950; 
694918, 3914932; 694918, 3914930; 694906, 3914847; 694900, 3914844; 
694890, 3914835; 694874, 3914818; 694870, 3914802; 694867, 3914782; 
694860, 3914757; 694849, 3914734; 694835, 3914715; 694820, 3914701; 
694816, 3914698; 694760, 3914672; 694750, 3914670; 694734, 3914661; 
694722, 3914658; 694715, 3914657; 694701, 3914654; 694700, 3914655; 
694682, 3914660; 694668, 3914662; 694653, 3914664; 694646, 3914659; 
694641, 3914655; 694640, 3914644; 694640, 3914643; 694537, 3914633; 
694493, 3912072; 693979, 3909827; 693393, 3908394; 693227, 3908218; 
692844, 3907170; returning to 692781, 3907206.
    (ii) Note: Unit CA-15C (Map M49) follows:

[[Page 75732]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.048


[[Page 75733]]


    (54) Unit CA-16, San Luis Obispo County and Santa Barbara County, 
California.
    (i) From USGS 1:24,000 quadrangle map Oceano, and Point Sal, 
California, land bounded by the following UTM 10 NAD 27 coordinates 
(E,N): 716010, 3886811; 716094, 3886816; 716121, 3886579; 716254, 
3886552; 716772, 3886498; 716766, 3886452; 716397, 3886500; 716268, 
3886463; 716290, 3886355; 716320, 3885910; 716372, 3885535; 716417, 
3884858; 716535, 3883709; 716521, 3881135; 716206, 3879117; 716116, 
3878752; 716253, 3878614; 716040, 3877287; 715746, 3877371; proceed 
generally S following the mean high water mark (defined at the 
beginning of the section) to 715166, 3874495; 715525, 3874507; 715250, 
3873350; 715030, 3872453; 715438, 3871950; 714967, 3871240; 714652, 
3870983; 714534, 3870558; 714455, 3870153; 714290, 3869967; 714172, 
3869737; 714111, 3869499; 713949, 3868871; 713632, 3868026; 713520, 
3868000; 713519, 3868000; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
716010, 3886811.
    (ii) Note: Unit CA-16 (Map M50) follows:

[[Page 75734]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.049


[[Page 75735]]


    (55) Unit CA-17A, Santa Barbara County, California.
    (i) From USGS 1:24,000 quadrangle map Casmalia, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 718417, 
3860038; 718490, 3860043; 718607, 3859702; 718745, 3859447; 718961, 
3858992; 718964, 3858805; 719013, 3858215; 718980, 3857623; 718843, 
3857449; 718816, 3857394; 718744, 3857048; 718533, 3856131; 718400, 
3855518; 718243, 3854896; 718224, 3854702; 718242, 3854537; 718219, 
3854201; 718006, 3853479; 717882, 3852878; 717872, 3852758; 717856, 
3852656; 717876, 3852600; 717668, 3852144; 717560, 3851901; 717428, 
3851229; 717224, 3850849; 717102, 3850474; 716886, 3849862; 716695, 
3849335; 716690, 3849302; 716693, 3849258; 716537, 3849301; proceed 
generally N following the mean low water mark (defined at the beginning 
of the section) and returning to 718417, 3860038.
    (iii) Note: Unit CA-17A, CA-16 (Map M51) follows:

[[Page 75736]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.050


[[Page 75737]]


    (56) Unit CA-17B, Santa Barbara County, California.
    (i) From USGS 1:24,000 quadrangle map Surf, California, land 
bounded by the following UTM 10 NAD 27 coordinates (E,N): 719851, 
3842705; 719957, 3842714; 719985, 3842661; 719834, 3841798; 719969, 
3841456; 720330, 3841518; 720642, 3841396; 720821, 3841242; 720936, 
3841146; 721005, 3841129; 721135, 3841217; 721280, 3841146; 721095, 
3840903; 719884, 3841261; 719636, 3840850; 719484, 3840448; 719472, 
3840355; 719446, 3840177; 719348, 3839786; 719262, 3839306; 719203, 
3839200; 719118, 3838777; 718998, 3838473; 718871, 3838118; 718643, 
3837345; 718540, 3837006; 718400, 3836612; 718330, 3836450; 718271, 
3836264; 718231, 3836161; 718163, 3835954; 718101, 3835825; 718020, 
3835652; 717974, 3835665; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
719851, 3842705.
    (ii) Note: Unit CA-17B (Map M52) follows:

[[Page 75738]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.051


[[Page 75739]]


    (57) Unit CA-18, Santa Barbara County, California.
    (i) From USGS 1:24,000 quadrangle maps Dos Pueblos Canyon, and 
Goleta, California, land bounded by the following UTM 11 NAD 27 
coordinates (E,N): 234194, 3812313; 234195, 3812330; 234324, 3812283; 
234446, 3812230; 234583, 3812107; 234686, 3812003; 234773, 3811918; 
234823, 3811862; 234938, 3811694; 235005, 3811597; 235067, 3811524; 
235171, 3811381; 235232, 3811310; 235359, 3811141; 235381, 3811072; 
235424, 3811010; 235428, 3810963; 235437, 3810924; 235477, 3810884; 
235498, 3810866; 235532, 3810858; 235570, 3810877; 235592, 3810897; 
235616, 3810922; 235681, 3810981; 235729, 3811016; 235817, 3811054; 
235933, 3811084; 236074, 3811089; 236175, 3811083; 236270, 3811077; 
236314, 3811067; 236310, 3811029; proceed generally N following the 
mean low water mark (defined at the beginning of the section) and 
returning to 234194, 3812313.
    (ii) Note: Unit CA-18 (Map M53) follows:

[[Page 75740]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.052


[[Page 75741]]


    (58) Unit CA-19A, Ventura County, California.
    (i) From USGS 1:24,000 quadrangle map Oxnard, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 291335, 
3791012; 291362, 3791013; 291410, 3790772; 291536, 3790654; 291943, 
3790429; 293789, 3790422; 293909, 3790178; 292342, 3790186; 291693, 
3789833; 291920, 3789159; 292048, 3788658; 292238, 3788005; 292271, 
3787968; 292297, 3787886; 292292, 3787826; 292351, 3787673; 292404, 
3787548; 292400, 3787482; 292954, 3786197; 293048, 3785979; 293018, 
3785959; 293526, 3784688; 293569, 3784701; 293823, 3784111; 293981, 
3783717; 293908, 3783715 ; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
291335, 3791012.
    (ii) Note: Unit CA-19A (Map M54) follows:

[[Page 75742]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.053


[[Page 75743]]


    (59) Unit CA-19B, Ventura County, California.
    (i) From USGS 1:24,000 quadrangle maps Oxnard, and Point Magu, 
California, land bounded by the following UTM 11 NAD 27 coordinates 
(E,N): 297242, 3780065; 297270, 3780182; 297633, 3780001; 298075, 
3779695; 298150, 3779675; 299371, 3778748; 299746, 3778489; 300378, 
3777964; 300888, 3777929; 300911, 3777924; 300923, 3777917; 300936, 
3777908; 300956, 3777892; 301219, 3777693; 300831, 3777265; proceed 
generally N following the mean low water mark (defined at the beginning 
of the section) and returning to 297242, 3780065.
    (ii) Note: Unit CA-19B (Map M55) follows:

[[Page 75744]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.054


[[Page 75745]]


    (60) Unit CA-19C, Ventura County, California.
    (i) From USGS 1:24,000 quadrangle map Point Magu, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 300845, 
3777255; 301242, 3777694; 301744, 3777320; 301505, 3777003; 302074, 
3776528; 302001, 3776440; 302073, 3776379; 302372, 3776131; 302440, 
3776080; 302461, 3776035; 302653, 3775922; 303304, 3775537; 303622, 
3775847; 303870, 3775681; 303608, 3775334; 303698, 3775279; 303695, 
3775247; 303811, 3775189; 304080, 3775103; 304118, 3775054; 304190, 
3775022; 304227, 3775060; 304493, 3774937; 304533, 3774878; 305022, 
3774694; 305135, 3774657; 305287, 3774614; 305378, 3774610; 305354, 
3774466; proceed generally N following the mean low water mark (defined 
at the beginning of the section) and returning to 300845, 3777255.
    (ii) Note: Unit CA-19C, CA-19D (Map M56) follows after description 
of CA-19D:
    (61) Unit CA-19D, Ventura County, California.
    (i) From USGS 1:24,000 quadrangle map Point Magu, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 307477, 
3774839; 307464, 3774840; 307456, 3774930; 307473, 3774933; 307515, 
3774930; 307592, 3774932; 307665, 3774920; 307724, 3774893; 307886, 
3774797; 308323, 3774520; 308554, 3774400; 308749, 3774285; 309003, 
3774129; 309066, 3774010; 309124, 3773949; 309180, 3773968; 309216, 
3773942; 309406, 3773838; 309560, 3773719; 309596, 3773763; 309661, 
3773726; 309714, 3773654; 309836, 3773503; 309847, 3773468; 309815, 
3773441; proceed generally N following the mean low water mark (defined 
at the beginning of the section) and returning to 307477, 3774839.
    (ii) Note: Unit CA-19C, CA-19D (Map M56) follows:

[[Page 75746]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.055


[[Page 75747]]


    (62) Unit CA-20, Los Angeles County, California.
    (i) From USGS 1:24,000 quadrangle map Point Dume, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 329781, 
3766839; 329816, 3766887; 329836, 3766875; 329851, 3766892; 329890, 
3766865; 329899, 3766877; 329886, 3766885; 329912, 3766923; 329924, 
3766912; 329965, 3766877; 329924, 3766830; 329985, 3766786; 330017, 
3766822; 330095, 3766754; 330094, 3766751; 330084, 3766734; 330081, 
3766721; 330155, 3766656; 330233, 3766591; 330253, 3766588; 330272, 
3766589; 330283, 3766586; 330337, 3766538; 330324, 3766526; 330377, 
3766467; 330388, 3766467; 330428, 3766419; 330503, 3766346; 330597, 
3766260; 330733, 3766164; 330734, 3766150; 330742, 3766140; 330970, 
3765974; 331003, 3765952; 331025, 3765933; 331045, 3765912; 331281, 
3765663; 331539, 3765394; 331669, 3765298; 331791, 3765248; 331956, 
3765199; 331981, 3765198; 332021, 3765195; 332052, 3765196; 332076, 
3765189; 332121, 3765165; 332140, 3765152; 332146, 3765142; 332147, 
3765126; 332122, 3765074; 332087, 3765013; 332081, 3764993; 332081, 
3764972; 332083, 3764966; 332099, 3764935; 332103, 3764929; 332037, 
3764863; proceed generally N following the mean low water mark (defined 
at the beginning of the section) and returning to 329781, 3766839.
    (ii) Note: Unit CA-20 (Map M57) follows:

[[Page 75748]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.056


[[Page 75749]]


    (63) Unit CA-21A, Los Angeles County, California.
    (i) From USGS 1:24,000 quadrangle map Topanga, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 359653, 
3766064; 359698, 3766104; 359706, 3766112; 359794, 3766072; 359841, 
3766016; 359865, 3765980; 359868, 3765955; 359871, 3765928; 359981, 
3765838; 360136, 3765710; 360156, 3765737; 360157, 3765740; 360346, 
3765605; 360713, 3765301; 360821, 3765208; 360782, 3765167; 360750, 
3765131; proceed generally N following the mean low water mark (defined 
at the beginning of the section) and returning to 359653, 3766064.
    (ii) Note: Unit CA-21A (M58) follows:

[[Page 75750]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.057


[[Page 75751]]


    (64) Unit CA-21B, Los Angeles County, California.
    (i) From USGS 1:24,000 quadrangle map Venice, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 366261, 
3757311; 366467, 3757409; 366791, 3756716; 366577, 3756633; proceed 
generally N following the mean low water mark (defined at the beginning 
of the section) and returning to 366261, 3757311.
    (ii) Note: Unit CA-21B, CA-21C (Map M59) follows after description 
of CA-21C:
    (65) Unit CA-21C, Los Angeles County, California.
    (i) From USGS 1:24,000 quadrangle map Venice, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 367740, 
3753997; 367843, 3754038; 367860, 3754002; 367883, 3753980; 367924, 
3753925; 367945, 3753827; 367911, 3753766; 367924, 3753739; 367968, 
3753730; 368021, 3753592; 368235, 3753042; 368173, 3753011; proceed 
generally N following the mean low water mark (defined at the beginning 
of the section) and returning to 367740, 3753997.
    (ii) Note: Unit CA-21B, CA-21C (Map M59) follows:

[[Page 75752]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.058


[[Page 75753]]


    (66) Unit CA-21D, Los Angeles County, California.
    (i) From USGS 1:24,000 quadrangle map Redondo Beach OE S, 
California, land bounded by the following UTM 11 NAD 27 coordinates 
(E,N): 370468, 3747024; 370560, 3747050; 370594, 3746936; 370696, 
3746667; 370602, 3746644; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
370468, 3747024.
    (ii) Note: Unit CA-21D (Map M60) follows:

[[Page 75754]]

[GRAPHIC] [TIFF OMITTED] TP17DE04.059


[[Page 75755]]


    (67) Unit CA-22A, Orange County, California.
    (i) From USGS 1:24,000 quadrangle map Seal Beach, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 403074, 
3728680; 403074, 3728681; 403267, 3728834; 403265, 3728996; 403238, 
3729044; 403290, 3729077; 403342, 3729164; 403545, 3729348; 403571, 
3729356; 403635, 3729419; 404409, 3729117; 404407, 3728750; 404398, 
3728717; 404399, 3728532; 404464, 3728525; 404727, 3728380; 404729, 
3728299; 405337, 3727975; 405370, 3727979; 405369, 3727845; 405358, 
3727807; 405339, 3727778; 405295, 3727725; 405113, 3727543; 405081, 
3727505; 405050, 3727457; 405006, 3727428; 404907, 3727378; 404859, 
3727355; 404833, 3727349; 404801, 3727356; 404766, 3727373; 404712, 
3727387; 404584, 3727405; 404557, 3727413; 404529, 3727431; 404495, 
3727462; 404465, 3727486; 404426, 3727492; 404372, 3727479; 404183, 
3727422; 403756, 3727974; 403749, 3727975; 403740, 3727969; 403720, 
3727949; 403709, 3727950; 403697, 3727958; 403684, 3727961; 403653, 
3727943; returning to 403074, 3728680.
    (ii) Note: Unit CA-22A, CA-22B follows after description of CA-22B 
(Map M61):
    (68) Unit CA-22B, Orange County, California.
    (i) From USGS 1:24,000 quadrangle map Seal Beach, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 404089, 
3727241; 404122, 3727265; 404183, 3727186; 404256, 3727101; 404389, 
3726951; 404360, 3726921; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
404089, 3727241.
    (ii) Note: Unit CA-22A, CA-22B (Map M61) follows:

[[Page 75756]]

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[[Page 75757]]


    (69) Unit CA-23, Orange County, California.
    (i) From USGS 1:24,000 quadrangle map Newport Beach, California, 
land bounded by the following UTM 11 NAD 27 coordinates (E,N): 411152, 
3721501; 411152, 3721498; 411154, 3721486; 411161, 3721477; 411171, 
3721472; 411183, 3721471; 411189, 3721473; 411197, 3721476; 411208, 
3721485; 411217, 3721493; 411224, 3721488; 411220, 3721483; 411201, 
3721465; 411198, 3721462; 411173, 3721438; 411154, 3721408; 411133, 
3721368; 411117, 3721336; 411106, 3721293; 411094, 3721298; 411074, 
3721321; 411069, 3721327; 411061, 3721335; 411054, 3721344; 411043, 
3721354; 411039, 3721358; 411018, 3721375; 411000, 3721392; 410981, 
3721413; 410958, 3721437; 410939, 3721452; 410903, 3721473; 410888, 
3721489; 410971, 3721619; 410978, 3721616; 410989, 3721606; 410997, 
3721617; 411008, 3721631; 411140, 3721534; 411157, 3721515; returning 
to 411152, 3721501.
    (ii) Note: Unit CA-23 (Map M62) follows:

[[Page 75758]]

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[[Page 75759]]


    (70) Unit CA-24, Orange County and San Diego County California.
    (i) From USGS 1:24,000 quadrangle map San Clemente, California, 
land bounded by the following UTM 11 NAD 27 coordinates (E,N): 444536, 
3694354; 444588, 3694374; 444627, 3694314; 444645, 3694291; 444658, 
3694275; 444675, 3694251; 444717, 3694206; 444781, 3694151; 444839, 
3694107; 444910, 3694061; 445036, 3694001; 445277, 3693888; 445568, 
3693753; 445795, 3693645; 446006, 3693555; 446080, 3693536; 446167, 
3693524; 446250, 3693516; 446261, 3693516; 446310, 3693514; 446375, 
3693511; 446376, 3693489; 446377, 3693480; 446386, 3693472; 446397, 
3693463; 446406, 3693458; 446402, 3693402; proceed generally N 
following the mean low water mark (defined at the beginning of the 
section) and returning to 444536, 3694354.
    (ii) Note: Unit CA-24 (Map M63) follows:

[[Page 75760]]

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[[Page 75761]]


    (71) Unit CA-25A, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Encinitas, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 470975, 
3660809; 470982, 3660811; 471014, 3660802; 471058, 3660765; 471085, 
3660733; 471105, 3660704; 471122, 3660645; 471129, 3660592; 471148, 
3660540; 471147, 3660511; 471155, 3660493; 471153, 3660485; 471153, 
3660485; 471147, 3660482; 471122, 3660510; 471112, 3660507; 471106, 
3660501; 471067, 3660464; 471066, 3660464; 471081, 3660447; 471084, 
3660437; 471084, 3660417; 471077, 3660393; 471077, 3660378; 471085, 
3660361; 471044, 3660341; 471013, 3660349; 471002, 3660338; 470992, 
3660306; 470980, 3660296; 470977, 3660316; 470969, 3660338; 470968, 
3660341; 470962, 3660360; 470955, 3660391; 470949, 3660420; 470943, 
3660453; 470942, 3660456; 470933, 3660489; 470925, 3660522; 470924, 
3660525; 470914, 3660562; 470907, 3660588; 470906, 3660597; 470901, 
3660624; 470893, 3660651; 470892, 3660654; 470884, 3660676; 470877, 
3660694; 470872, 3660706; 470864, 3660726; 470861, 3660740; 470860, 
3660742; 470859, 3660754; 470862, 3660764; 470866, 3660765; 470874, 
3660770; 470903, 3660785; 470962, 3660804; returning to 470975, 
3660809.
    (ii) Note: Unit CA-25A (Map M64) follows description of CA-25C:
    (72) Unit CA-25B, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Oceanside, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 472453, 
3660939; 472518, 3660920; 472571, 3660894; 472603, 3660856; 472613, 
3660817; 472614, 3660776; 472576, 3660736; 472538, 3660692; 472498, 
3660666; 472478, 3660670; 472452, 3660693; 472451, 3660695; 472404, 
3660732; 472373, 3660751; 472352, 3660760; 472335, 3660762; 472311, 
3660758; 472296, 3660748; 472282, 3660746; 472264, 3660752; 472244, 
3660769; 472209, 3660804; 472183, 3660843; 472164, 3660882; 472153, 
3660903; 472145, 3660929; 472156, 3660952; 472190, 3660981; 472223, 
3660990; 472288, 3660980; 472393, 3660956; returning to 472453, 
3660939.
    (ii) Note: Unit CA-25B (Map M64) follows description of CA-25C:
    (73) Unit CA-25C, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Oceanside, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 474053, 
3661505; 474074, 3661515; 474082, 3661492; 474109, 3661464; 474118, 
3661461; 474119, 3661450; 474144, 3661424; 474169, 3661398; 474189, 
3661386; 474201, 3661384; 474210, 3661378; 474228, 3661376; 474237, 
3661377; 474247, 3661359; 474263, 3661344; 474302, 3661334; 474357, 
3661336; 474385, 3661334; 474386, 3661294; 474393, 3661252; 474413, 
3661233; 474450, 3661217; 474494, 3661203; 474539, 3661214; 474584, 
3661200; 474628, 3661181; 474654, 3661143; 474615, 3661062; 474594, 
3661042; 474562, 3661043; 474543, 3661039; 474530, 3661043; 474504, 
3661070; 474472, 3661111; 474452, 3661130; 474380, 3661179; 474321, 
3661194; 474236, 3661205; 474200, 3661211; 474166, 3661225; 474140, 
3661244; 474113, 3661268; 474081, 3661304; 474075, 3661333; 474076, 
3661393; 474075, 3661440; 474048, 3661501; returning to 474053, 
3661505.
    (ii) Note: Unit CA-25A, CA-25B, CA-25C (Map M64) follows:

[[Page 75762]]

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[[Page 75763]]


    (74) Unit CA-26, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Del Mar California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 475548, 
3644417; 475597, 3644428; 475626, 3644433; 475629, 3644418; 475632, 
3644391; 475625, 3644370; 475626, 3644353; 475627, 3644350; 475633, 
3644335; 475628, 3644322; 475637, 3644298; 475640, 3644293; 475647, 
3644279; 475649, 3644271; 475641, 3644267; 475639, 3644267; 475635, 
3644257; 475638, 3644237; 475642, 3644195; 475643, 3644190; 475648, 
3644165; 475657, 3644139; 475658, 3644120; 475664, 3644091; 475671, 
3644073; 475674, 3644054; 475683, 3644029; 475688, 3644001; 475693, 
3643983; 475694, 3643965; 475701, 3643945; 475704, 3643929; 475708, 
3643891; 475733, 3643895; 475749, 3643893; 475778, 3643878; 475815, 
3643868; 475826, 3643878; 475869, 3643912; 475883, 3643920; 475893, 
3643930; 475909, 3643935; 475919, 3643943; 475930, 3643950; 475923, 
3643429; 475917, 3643436; 475902, 3643454; 475885, 3643478; 475864, 
3643509; 475851, 3643533; 475838, 3643545; 475824, 3643566; 475804, 
3643590; 475788, 3643603; 475774, 3643706; 475763, 3643718; 475756, 
3643749; 475750, 3643781; 475748, 3643798; 475714, 3643792; 475685, 
3643787; 475683, 3643797; 475689, 3643805; 475711, 3643807; 475723, 
3643809; 475713, 3643871; 475701, 3643870; 475700, 3643870; 475699, 
3643869; 475690, 3643866; 475667, 3643865; 475660, 3643894; 475657, 
3643904; 475652, 3643926; 475647, 3643946; 475644, 3643956; 475641, 
3643964; 475635, 3643986; 475630, 3644011; 475622, 3644032; 475613, 
3644053; 475606, 3644077; 475599, 3644101; 475595, 3644132; 475593, 
3644149; 475590, 3644179; 475586, 3644211; 475582, 3644230; 475580, 
3644243; 475578, 3644258; 475573, 3644280; 475567, 3644312; 475563, 
3644337; 475555, 3644376; 475550, 3644411; returning to 475548, 
3644417.
    (ii) Note: Unit CA-26 (Map M65) follows:

[[Page 75764]]

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[[Page 75765]]


    (75) Unit CA-27A, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Point Loma, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 479126, 
3615994; 479126, 3615993; 479125, 3615995; 479119, 3616121; 479161, 
3616166; 479181, 3616153; 479197, 3616150; 479209, 3616148; 479227, 
3616151; 479254, 3616161; 479278, 3616176; 479286, 3616192; 479300, 
3616240; 479319, 3616303; 479420, 3616659; 479554, 3616619; 479506, 
3616450; 479571, 3616432; 479613, 3616586; 479655, 3616576; 479717, 
3616559; 479766, 3616549; 479802, 3616544; 479828, 3616545; 479842, 
3616550; 479862, 3616562; 479881, 3616583; 479895, 3616613; 479907, 
3616644; 479940, 3616765; 479957, 3616756; 479951, 3616729; 480004, 
3616700; 480012, 3616701; 480022, 3616709; 480026, 3616723; 480028, 
3616729; 480195, 3616713; 480182, 3616662; 480200, 3616648; 480276, 
3616656; 480321, 3616667; 480331, 3616671; 480340, 3616680; 480351, 
3616690; 480355, 3616704; 480370, 3616642; 480373, 3616631; 480380, 
3616624; 480389, 3616622; 480397, 3616623; 480405, 3616627; 480410, 
3616636; 480411, 3616650; 480413, 3616659; 480476, 3616651; 480477, 
3616641; 480456, 3616627; 480448, 3616538; 480499, 3616545; 480501, 
3616583; 480514, 3616594; 480528, 3616601; 480555, 3616606; 480554, 
3616578; 480641, 3616578; 480641, 3616614; 480751, 3616615; 480766, 
3616610; 480799, 3616622; 480843, 3616608; 480858, 3616639; 480911, 
3616631; 480936, 3616594; 480953, 3616611; 480963, 3616612; 481116, 
3616586; 481129, 3616600; 481142, 3616589; 481159, 3616582; 481172, 
3616578; 481181, 3616571; 481219, 3616553; 481271, 3616530; 481345, 
3616483; 481371, 3616479; 481387, 3616480; 481442, 3616468; proceed 
generally N following the mean low water mark (defined at the beginning 
of the section) and returning to 479126, 3615994.
    (ii) Note: Unit CA-27A (Map M66) follows after description of CA-
27B:
    (76) Unit CA-27B, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Point Loma, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 481501, 
3616480; 481510, 3616481; 481524, 3616453; 481540, 3616447; 481565, 
3616444; 481580, 3616449; 481601, 3616462; 481613, 3616490; 481630, 
3616491; 481669, 3616488; 481690, 3616481; 481734, 3616460; 481794, 
3616435; 481826, 3616413; 481836, 3616401; 481893, 3616389; 481928, 
3616379; 481996, 3616538; 481998, 3616537; 482008, 3616531; 482011, 
3616518; 482024, 3616510; 482038, 3616511; 482160, 3616439; 482347, 
3616345; 482534, 3616238; 482693, 3616137; 482984, 3615950; 483137, 
3615853; 483030, 3615679; proceed generally N following the mean low 
water mark (defined at the beginning of the section) and returning to 
481501, 3616480.
    (ii) Note: Unit CA-27A, CA-27B (Map M66) follows:

[[Page 75766]]

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[[Page 75767]]


    (77) Unit CA-27C, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Point Loma, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 486529, 
3610849; 486590, 3610876; 486697, 3610598; 486721, 3610571; 486806, 
3610351; 486791, 3610346; 486791, 3610346; 486810, 3610292; 486828, 
3610297; 486915, 3610068; 486968, 3609885; 487000, 3609790; 487047, 
3609793; 487051, 3609721; 487041, 3609693; 487041, 3609670; 487050, 
3609648; 487058, 3609626; 487065, 3609546; 487103, 3609482; 487170, 
3609371; 487175, 3609357; 487222, 3609239; 487251, 3609137; 487298, 
3608920; 487335, 3608746; 487384, 3608522; 487446, 3608167; 487470, 
3608089; 487507, 3607994; 487566, 3607901; 487610, 3607822; 487614, 
3607815; 487621, 3607803; 487627, 3607794; 487620, 3607787; 487595, 
3607786; 487596, 3607778; 487639, 3607312; 487656, 3607070; 487682, 
3606753; 487704, 3606480; 487715, 3606311; 487726, 3606117; 487734, 
3606015; 487729, 3605961; 487727, 3605928; 487729, 3605912; 487732, 
3605901; 487730, 3605891; 487718, 3605882; 487719, 3605861; 487725, 
3605845; 487724, 3605828; 487730, 3605815; 487730, 3605792; 487724, 
3605671; 487723, 3605629; 487728, 3605617; 487723, 3605556; 487723, 
3605531; 487723, 3605514; 487711, 3605502; 487720, 3605431; 487714, 
3605403; 487696, 3605404; 487683, 3605384; 487610, 3605382; proceed 
generally N following the mean low water mark (defined at the beginning 
of the section) and returning to 486529, 3610849.
    (ii) Note: Unit CA-27C (Map M67) follows description of CA-27E:
    (78) Unit CA-27D, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Point Loma, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E,N): 485114, 
3614041; 485128, 3614042; 485141, 3614041; 485160, 3614042; 485222, 
3614046; 485267, 3614045; 485305, 3614039; 485352, 3614014; 485373, 
3613993; 485394, 3613957; 485445, 3613804; 485477, 3613712; 485497, 
3613654; 485500, 3613623; 485497, 3613609; 485480, 3613566; 485477, 
3613534; 485488, 3613511; 485545, 3613421; 485577, 3613363; 485592, 
3613321; 485608, 3613292; 485626, 3613274; 485668, 3613265; 485769, 
3613259; 485804, 3613275; 485834, 3613276; 485877, 3613258; 485934, 
3613227; 485996, 3613178; 486024, 3613158; 486037, 3613138; 486039, 
3613136; 486052, 3613096; 486092, 3613034; 486141, 3612974; 486161, 
3612948; 486175, 3612932; 486201, 3612904; 486208, 3612886; 486216, 
3612864; 486217, 3612860; 486222, 3612823; 486224, 3612808; 486225, 
3612805; 486226, 3612799; 486226, 3612798; 486225, 3612795; 486219, 
3612760; 486208, 3612735; 486188, 3612721; 486171, 3612720; 486147, 
3612726; 486134, 3612736; 486130, 3612739; 486118, 3612748; 486106, 
3612747; 486093, 3612745; 486071, 3612729; 486053, 3612723; 486016, 
3612707; 485992, 3612690; 485990, 3612687; 485977, 3612673; 485968, 
3612643; 485967, 3612640; 485965, 3612636; 485957, 3612632; 485956, 
3612632; 485945, 3612623; 485944, 3612615; 485940, 3612604; 485909, 
3612588; 485873, 3612670; 485831, 3612750; 485761, 3612890; 485715, 
3612978; 485654, 3613095; 485491, 3613400; 485412, 3613528; 485324, 
3613668; 485259, 3613777; 485199, 3613873; 485147, 3613959; 485129, 
3613989; 485093, 3614039; returning to 485114, 3614041.
    (ii) Note: Unit CA-27D (Map M67) follows description of CA-27E:
    (79) Unit CA-27E, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map National City, California, 
land bounded by the following UTM 11 NAD 27 coordinates (E,N): 489220, 
3611973; 489501, 3612069; 489791, 3612166; 490070, 3612259; 490144, 
3612287; 490269, 3611906; 490231, 3611887; 490217, 3611878; 490174, 
3611856; 490047, 3611789; 490028, 3611784; 489947, 3611738; 489878, 
3611704; 489865, 3611701; 489834, 3611692; 489806, 3611682; 489792, 
3611676; 489727, 3611655; 489611, 3611609; 489580, 3611587; 489555, 
3611597; 489521, 3611593; 489412, 3611550; 489384, 3611531; 489366, 
3611519; 489331, 3611518; 489282, 3611513; 489259, 3611508; 489253, 
3611511; 489253, 3611512; 489237, 3611505; 489229, 3611501; 489208, 
3611497; 489161, 3611496; 489138, 3611503; 489122, 3611535; 489097, 
3611608; 489093, 3611675; 489094, 3611724; 489101, 3611774; 489123, 
3611843; 489166, 3611914; 489200, 3611955; 489201, 3611954; 489200, 
3611942; 489199, 3611931; 489204, 3611920; 489210, 3611918; 489219, 
3611920; 489228, 3611922; 489240, 3611929; 489246, 3611938; 489245, 
3611947; 489237, 3611952; 489225, 3611959; 489219, 3611969; returning 
to 489220, 3611973.
    (ii) Note: Unit CA-27C, CA-27D, CA-27E (Map M67) follows:

[[Page 75768]]

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[[Page 75769]]


    (80) Unit CA-27F, San Diego County California.
    (i) From USGS 1:24,000 quadrangle map Imperial Beach, California, 
land bounded by the following UTM 11 NAD 27 coordinates (E,N): 487590, 
3603045; 487669, 3603044; 487679, 3603053; 487681, 3603072; 487696, 
3603063; 487704, 3603062; 487746, 3603052; 487774, 3603045; 487774, 
3602997; 487776, 3602973; 487782, 3602889; 487784, 3602854; 487795, 
3602816; 487852, 3602713; 487854, 3602707; 487856, 3602705; 487883, 
3602673; 487895, 3602624; 487899, 3602575; 487887, 3602515; 487865, 
3602450; 487840, 3602415; 487840, 3602398; 487845, 3602382; 487865, 
3602353; 487885, 3602334; 487934, 3602307; 487986, 3602298; 488089, 
3602283; 488127, 3602267; 488150, 3602257; 488190, 3602119; 488214, 
3602039; 488220, 3602020; 488218, 3601977; 488214, 3601966; 488209, 
3601953; 488198, 3601927; 488220, 3601871; 488226, 3601840; 488221, 
3601817; 488206, 3601801; 488178, 3601790; 488176, 3601765; 488182, 
3601680; 488201, 3601523; 488202, 3601513; 488218, 3601457; 488234, 
3601397; 488267, 3601351; 488292, 3601336; 488296, 3601327; 488297, 
3601324; 488289, 3601310; 488288, 3601309; 488293, 3601261; 488307, 
3601227; 488337, 3601155; 488349, 3601138; 488372, 3601125; 488369, 
3601108; 488363, 3601101; 488380, 3601046; 488392, 3601034; 488388, 
3601016; 488385, 3601005; 488397, 3600864; 488413, 3600789; 488430, 
3600752; 488441, 3600706; 488455, 3600622; 488459, 3600571; 488461, 
3600541; 488515, 3600211; 488512, 3600098; 488524, 3599982; 488542, 
3599731; 488519, 3599700; 488496, 3599678; 488484, 3599657; 488480, 
3599606; 488479, 3599545; 488485, 3599487; 488390, 3599478; proceed 
generally N following the mean low water mark (defined at the beginning 
of the section) and returning to 487590, 3603045.
    (ii) Note: Unit CA-27F (Map M68) follows:

[[Page 75770]]

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[[Page 75771]]


* * * * *

    Dated: December 1, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-26877 Filed 12-16-04; 8:45 am]
BILLING CODE 4310-55-C