[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Proposed Rules]
[Pages 16045-16165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4906]



[[Page 16045]]

Vol. 76

Tuesday,

No. 55

March 22, 2011

Part II





Department of the Interior





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50 CFR Part 17



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

Federal Register / Vol. 76 , No. 55 / Tuesday, March 22, 2011 / 
Proposed Rules

[[Page 16046]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2010-0070; MO 92210-0-0009]
RIN 1018-AX10


Endangered and Threatened Wildlife and Plants; Revised 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 
revise the designated critical habitat for the Pacific Coast population 
of the Western Snowy Plover (Pacific Coast WSP) (Charadrius 
alexandrinus nivosus) under the Endangered Species Act of 1973, as 
amended (Act). The areas identified in this proposed rule constitute a 
revision of the areas designated as critical habitat for the Pacific 
Coast WSP, published in the Federal Register on September 29, 2005. In 
the final rule, we designated a total of 12,145 acres (ac) (4,915 
hectares (ha)) of critical habitat range-wide in 32 units in 
Washington, Oregon, and California. We are now proposing to revise the 
existing critical habitat to a total of 68 units totaling approximately 
28,261 ac (11,436 ha). The area breakdown by State is as follows: 
Washington: 6,265 ac (2,497 ha) in 4 units; Oregon: 5,219 ac (2,112 ha) 
in 13 units; and California: 16,777 ac (6,789 ha) in 51 units.

DATES: We will consider comments from all interested parties until May 
23, 2011. We must receive requests for public hearings, in writing, at 
the address shown in the FOR FURTHER INFORMATION CONTACT section by May 
6, 2011.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments to Docket No. FWS-R8-ES-2010-
0070.
    (2) U.S. mail or hand-delivery: Public Comments Processing, Attn: 
FWS-R8-ES-2010-0070; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Public Comments section below 
for more information).

FOR FURTHER INFORMATION CONTACT: Jim Watkins, U.S. Fish and Wildlife 
Service, Arcata Fish and Wildlife Office, 1655 Heindon Road, Arcata, CA 
95521; telephone (707) 822-7201; facsimile (707) 822-8411. If you use a 
telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

Public Comments

    We intend that any final action resulting from this proposed 
revised critical habitat rule will be based on the best scientific and 
commercial data available and be as accurate and as effective as 
possible. Therefore, we request comments or information from 
governmental agencies, the scientific community, industry, or other 
interested parties concerning this proposed revised rule. We 
particularly seek comments concerning:
    (1) The reasons why we should or should not revise the designation 
of ``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether there are threats to the species from human 
activity, the degree of which can be expected to increase due to the 
designation, and whether that increase in threat outweighs the benefit 
of designation such that the designation of critical habitat is not 
prudent.
    (2) Specific information on:
    (a) Areas that provide habitat for the Pacific Coast WSP that we 
did not discuss in this proposed revised critical habitat rule,
    (b) Areas within the geographical area occupied by the species at 
the time of listing that contain elements of the physical and 
biological features essential to the conservation of the species which 
may require special management considerations or protection and that we 
should include in the designation, and reason(s) why (see Physical and 
Biological Features section).
    (3) Specific information on our proposed designation of back-dune 
systems and other habitats in an attempt to offset the anticipated 
effects of sea-level rise caused by a warming trend associated with 
climate change (see Critical Habitat Units section).
    (4) Specific information on the Pacific Coast WSP, habitat 
conditions, and the presence of physical and biological features 
essential to the conservation of the species at any of the critical 
habitat units proposed in this revised rule (see Critical Habitat Units 
section and previous rules (64 FR 68508, December 7, 1999; 70 FR 56970, 
September 29, 2005)).
    (5) Comments or information that may assist us in identifying or 
clarifying the physical and biological features essential to the 
conservation of the species.
    (6) How the proposed revised critical habitat boundaries could be 
refined to more closely circumscribe the areas identified as containing 
the features essential to the species' conservation.
    (7) How we mapped the water's edge and whether any alternative 
methods could be used to better determine the critical habitat 
boundaries.
    (8) Any probable economic, national-security, or other impacts of 
designating particular areas as critical habitat, and, in particular, 
any impacts on small entities (e.g., small businesses or small 
governments), and the benefits of including or excluding areas that 
exhibit these impacts.
    (9) Whether any specific areas being proposed as revised critical 
habitat should be excluded under section 4(b)(2) of the Act, and 
whether the benefits of potentially excluding any particular area 
outweigh the benefits of including that area under section 4(b)(2) of 
the Act (see Exclusions section for further discussion).
    (10) Any information regarding the areas exempted from this 
proposed revised rule (see Exemptions section for exempted units and 
further discussion).
    (11) Information on any quantifiable economic costs or benefits of 
the proposed revised designation of critical habitat.
    (12) Information on Tribal lands within the proposed revised 
designation.
    (13) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    Our final determination concerning critical habitat for the Pacific 
Coast WSP will take into consideration all written comments we receive 
during the comment period, including comments we have requested from 
peer reviewers, comments we receive during a public hearing should we 
receive a request for one, and any additional information we receive 
during the 60-day comment period. Our final determination will also 
consider all written comments and any additional information we receive 
during the comment period for the draft economic analysis. All comments 
will be included in the public record for this rulemaking. On the basis 
of peer reviewer and public comments, we may, during the development of 
our final determination, find that areas included

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in this proposal do not meet the definition of critical habitat, that 
some modifications to the described boundaries are appropriate, or that 
some areas may be excluded from the final determination under section 
4(b)(2) of the Act based on Secretarial discretion.
    You may submit your comments and materials concerning this proposed 
revised rule by one of the methods listed in the ADDRESSES section. 
Please include sufficient information with your comment to allow us to 
verify any scientific or commercial data you submit. We will not accept 
comments sent by e-mail or fax or to an address not listed in the 
ADDRESSES section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If your written 
comments provide personal identifying information, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as a list of supporting 
documentation we used in preparing this proposed revised rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Arcata Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).
    You may obtain copies of this proposed revised rule by mail from 
the Arcata Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT) or by visiting the Federal eRulemaking Portal at http://www.regulations.gov.

Background

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat in this proposed revised rule. For 
more information on the Pacific Coast WSP, refer to the final rule 
listing the species as threatened that was published in the Federal 
Register on March 5, 1993 (58 FR 12864). See also the discussion of 
habitat in the sections below.

Species Description

    The western snowy plover, one of two subspecies of snowy plover 
recognized by the American Ornithologists' Union 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. 1995, p. 2). 
The species was first described in 1758 by Linnaeus (American 
Ornithologists' Union 1957). The Pacific Coast distinct population 
segment of the western snowy plover (Pacific Coast WSP) is defined as 
those individuals nesting adjacent to tidal waters within 50 miles (mi) 
(80 kilometers (km)) of the Pacific Ocean, including 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), or 
the Service's April 21, 2006, 12-month finding on a petition to delist 
the Pacific Coast WSP (71 FR 20607).

Life History

    Pacific Coast WSPs typically forage for small invertebrates in wet 
or dry beach sand, tide-cast kelp (Macrocystis sp.), low foredune 
vegetation (vegetation along the coastal dune or ridge that is parallel 
to the shoreline), 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. 1995, p. 15; Dugan 2003, p. 138; Dugan & 
Hubbard 2009, p. 72).
    Generally, the breeding season for Pacific Coast WSP 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. 1995, p. 10). Courtship behavior and pair bonding can occur in 
February, and in the southern portion of the range, a few nests have 
been initiated as early as late-January. Males establish nesting 
territories from which they advertise for mates using calls and 
behavioral displays. Territory sizes can vary from about 0.25 to 2.5 ac 
(0.1 to 1.0 ha) at interior sites (Page et al. 1995, p. 7). A study of 
coastal plovers found a maximum territory size of 1.2 ac (0.5 ha) in 
coastal salt pan habitat, but speculated in the absence of 
observational data that beach territories may have been larger 
(Warriner et al. 1986, p. 21). 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 nonterritorial areas 
up to 5 mi (8 km) from the nest when not incubating, and since the 
chicks and attending adults typically leave the nesting territory 
shortly after hatching (Page et al. 1995, p. 10).
    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, p. 2; Page 
et al. 1995, p. 10). They are usually located within 328 feet (ft) (100 
meters (m)) of the shore, but may be farther where shore access remains 
unblocked by dense vegetation (Page and Stenzel 1981, p. 2; Page et al. 
1995, p. 7). 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, p. 2). They use 
these areas both as foraging sites, and in the case of freshwater 
sources, for drinking water (Page and Stenzel 1981, p. 2; Page et al. 
1995, p. 10). They may also be capable of functioning for long-periods 
without freshwater by subsisting on water obtained from insect prey 
(Purdue 1976, p. 352; Page et al. 1995, p. 5).
    Both sexes incubate the eggs; typically females during daylight 
hours, and males during night. The male may relieve the female for a 
period during the day. Females often desert the chicks approximately 1 
week after hatching (Warriner et al. 1986, p. 27; Page et al. 1995, p. 
10). The last brood of the season may be raised by both the male and 
female. Leaving the brood for the male to raise allows 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. 1995, p. 9).
    After their first chicks fledge, males may attempt to raise a new 
brood with a new partner. Both sexes will also readily attempt to 
renest if they lose an entire clutch of eggs or brood of chicks, 
assuming enough time remains in the nesting season (Page et al. 1995, 
p. 12). Clutches and broods may be lost to predators, tides and storms, 
and human recreational activities. Examples of the latter include both 
repeated flushings of incubating adult plovers and direct

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damage to nests or young, as a result of humans, dogs, horses, or 
vehicles that either approach plover nests too closely or actually 
overrun plovers and nests (Service 1993, p. 12872; Ruhlen et al. 2003, 
p. 303).

Habitat, Geographic Range, and Status

    The Pacific Coast WSP breeds primarily on coastal beaches from 
southern Washington to southern Baja California, Mexico. 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, p. 4; Stenzel et al. 1981, p. 14). Additional Pacific 
Coast WSP nesting habitats include bluff-backed beaches, dredged 
material disposal sites, salt ponds and their adjacent levees, and 
river bars (Wilson 1980, p. 4; Page and Stenzel 1981, p. 14; Powell et 
al. 1996, p. 16; Tuttle et al. 1997, p. 174). This habitat is variable 
because of unconsolidated soils, high winds, storms, wave action, and 
colonization by plants.
    Small changes in the adult survival rate can have relatively large 
effects on population stability (Nur et al. 1999, p. 14), 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. 1995, p. 4). 
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, p. 18; Page et al. 1995, p. 2). Beaches used for nesting are also 
often used for wintering, but birds will also winter at several beaches 
where nesting does not occur (Service 2007, p. 19). Pacific Coast WSPs 
also visit or nest at other non-beach habitats such as human-made salt 
ponds, and estuarine sand and mud flats (Page et al. 1986, p. 4). Sites 
that have historically supported nesting, but which currently support 
only wintering plovers, have the potential to attract new nesters with 
appropriate management. This has been successfully carried out at Coal 
Oil Point and Hollywood Beach in southern California (Lafferty 2001). 
These management successes are important to conservation, since the 
loss of numerous historical nesting sites was a major consideration in 
the plover's original listing. See the final listing rule (58 FR 12864, 
March 5, 1993) and the Special Management Considerations or Protection 
section below for additional discussion of the current threats to the 
species in areas included in this proposed revised critical habitat 
designation.

Previous Federal Actions

    The Pacific Coast WSP was listed as a threatened species on March 
5, 1993 (58 FR 12864). A 5-year status review of the population under 
section 4(c)(2) of the Act was completed June 8, 2006, based on the 
analysis conducted for the section 4(b)(3)(B) status review for the 12-
month finding on a petition to delist the Pacific Coast WSP (71 FR 
20607, April 21, 2006). Because the Pacific Coast WSP was listed prior 
to our 1996 policy published in the Federal Register on February 7, 
1996 (61 FR 4721) regarding recognition of distinct population 
segments, in our 12-month finding, we reviewed and confirmed our 
determination that the Pacific Coast WSP constituted a valid distinct 
population segment. For a complete discussion of previous Federal 
actions regarding the Pacific Coast WSP, please see the September 29, 
2005, final rule to designate critical habitat for the Pacific Coast 
WSP (70 FR 56969).
    We are revising our 2005 critical habitat designation as a result 
of legal action initiated by the Center for Biological Diversity on 
October 2, 2008, and the subsequent settlement of that action (Center 
for Biological Diversity v. Kempthorne, et al., No. C-08-4594 PJH). The 
complaint raised several challenges to the 2005 critical habitat 
designation. Under the settlement agreement that resolved this action, 
the Service agreed to conduct a rulemaking to consider potential 
revisions to the designated critical habitat for Pacific Coast WSP, to 
submit for publication to the Federal Register a proposed regulation 
setting forth any proposed revisions to critical habitat by December 1, 
2010, and to submit a final determination on any proposed revisions to 
the Federal Register by June 5, 2012. By order dated November 30, 2010, 
the district court approved a modification to the settlement agreement 
that extends the deadline to March 1, 2011, for submission of the 
proposed revised critical habitat designation to the Federal Register. 
The deadline for submission of a final revised critical habitat 
designation to the Federal Register is June 5, 2012.
    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, the Recovery Plan for the 
Pacific Coast WSP (Service 2007) which was released September 24, 2007 
(72 FR 54279), and recognized principles of conservation biology. 
Similar to the previous critical habitat designations for the Pacific 
Coast WSP, this proposal includes units that were occupied at the time 
of listing that have habitat features essential to the conservation of 
the species. This proposal differs from the previous designations in 
that it includes units that may not have been occupied at the time of 
listing, but that have areas considered to be essential for the 
conservation of the species, such as those that contain degraded 
habitat requiring restoration. Restored habitat is essential to the 
species' conservation in order to offset anticipated loss of current 
habitat resulting from effects of sea-level rise associated with 
climate change.

Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical 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:
    (a) Essential to the conservation of the species and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by a 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
any endangered or threatened species to the point at which the measures 
provided under the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, transplantation, and in the extraordinary case where 
population pressures within a given ecosystem cannot otherwise be 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not 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 the government 
or public to access private lands. Such

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designation does not require implementation of restoration, recovery, 
or enhancement measures by non-Federal landowners. Where a landowner 
requests Federal agency funding or authorization for an action that may 
affect a listed species or critical habitat, the consultation 
requirements of section 7(a)(2) would apply, but even in the event of a 
destruction or adverse modification finding, the landowner's obligation 
is not to restore or recover the species, but to implement reasonable 
and prudent alternatives to avoid destruction or adverse modification 
of critical habitat.
    For inclusion in a critical habitat designation, the habitat within 
the geographical area occupied by the species at the time it was listed 
must contain physical and biological features which are essential to 
the conservation of the species and which may require special 
management considerations or protection. Critical habitat designations 
identify, to the extent known using the best scientific and commercial 
data available, those physical and biological features that are 
essential to the conservation of the species (such as space, food, 
cover, and protected habitat), focusing on the principal biological or 
physical constituent elements (primary constituent elements) within an 
area that are essential to the conservation of the species (such as 
roost sites, nesting grounds, seasonal wetlands, water quality, tide, 
soil type). Primary constituent elements are the elements of physical 
and biological features that, when laid out in the appropriate quantity 
and spatial arrangement to provide for a species' life-history 
processes, are essential to the conservation of the species.
    Under the Act, we can designate critical habitat in areas outside 
the geographical area occupied by the species at the time it is listed, 
upon a determination that such areas are essential for the conservation 
of the species. We designate critical habitat in areas outside the 
geographical area occupied by a species only when a designation limited 
to its range would be inadequate to ensure the conservation of the 
species. When the best available scientific data do not demonstrate 
that the conservation needs of the species require such additional 
areas, we will not designate critical habitat in areas outside the 
geographical area occupied by the species. An area currently occupied 
by the species but that was not occupied at the time of listing may, 
however, be essential to the conservation of the species and may be 
included in the critical habitat designation.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, our Policy on Information Standards under the Endangered 
Species Act (published in the Federal Register on July 1, 1994 (59 FR 
34271), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658), and our associated Information Quality Guidelines 
provide criteria, establish procedures, and provide guidance to ensure 
that our decisions are based on the best scientific data available. 
They require our biologists, to the extent consistent with the Act and 
with the use of the best scientific data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat.
    When we determine which areas should be designated as critical 
habitat, our primary source of information is generally the information 
developed during the listing process for the species. Additional 
information sources may 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.
    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 habitat areas that we may 
eventually determine are necessary for the recovery of the species. For 
these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not promote 
the recovery of the species.
    Areas that are important to the conservation of the species, both 
inside and outside the critical habitat designation, will continue to 
be subject to: (1) Conservation actions implemented under section 
7(a)(1) of the Act, (2) regulatory protections afforded by the 
requirement in section 7(a)(2) of the Act for Federal agencies to 
insure their actions are not likely to jeopardize the continued 
existence of any endangered or threatened species, and (3) the 
prohibitions of section 9 of the Act if actions occurring in these 
areas may affect the species. Federally funded or permitted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. These 
protections and conservation tools will continue to contribute to 
recovery of this species. 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 (HCPs), or other species 
conservation planning efforts if information available at the time of 
these planning efforts calls for a different outcome.

Methods

    As required by section 4(b) of the Act, we used the best scientific 
and commercial data available in determining areas that contain the 
features essential to the conservation of the Pacific Coast WSP. We 
reviewed the approach to the conservation of the Pacific Coast WSP 
provided in the December 7, 1999, final critical habitat designation 
for the Pacific Coast WSP (64 FR 68507); the September 29, 2005, final 
revised critical habitat designation (70 FR 56969); the Recovery Plan 
(Service 2007); information from Federal, State, and local government 
agencies; and information from academia and private organizations that 
collected scientific data on the species. Other information used for 
this proposed revised critical habitat includes: Published and 
unpublished papers, reports, academic theses, species and habitat 
surveys; Geographic Information System (GIS) data (such as species 
occurrence data, habitat data, land use, topography, digital aerial 
photography, and ownership maps); correspondence to the Service from 
recognized experts; site visits by Service biologists; and other 
information as available. Mapping for this proposed revised critical 
habitat designation was completed using ESRI ArcMap 9.3.1 (ESRI, Inc. 
2009). Specifically, the most recent National Agriculture Imagery 
Program images (2009 NAIP Imagery) were used to delineate unit 
boundaries.
    The water's edge comprises the westernmost boundary of each 
proposed unit. Although the images were taken at different tide levels, 
we believe these images represent the best mapping information as beach 
and river habitats change seasonally, and from year to year. In part, 
the dynamic nature of beach and river habitats is one reason for the 
differences in the size of past designated critical habitat units and 
those units being proposed for designation in this revised rule. 
Additionally, the unit boundaries were extended eastward in 
anticipation of sea-level rise expected as a result of climate change. 
We used widely accepted models to help predict the amount of sea-level 
rise that is likely to

[[Page 16050]]

occur (Baker et al. 2006; Overpeck et al. 2006; Pfeffer et al. 2008; 
Fletcher 2009; Grinsted et al. 2009; Mitrovica et al. 2009; Vermeer and 
S. Rahmstorf 2009). Biologists used Light Detection and Ranging (LiDAR) 
data to help determine the extent of potential habitat loss at the 
water's edge resulting from future sea-level rise. As a consequence, 
they then extended the eastern unit boundary where appropriate to 
compensate for this future habitat degradation and loss.
    Pacific Coast WSPs are expected to adjust their use of nesting 
habitat as sea level rises, provided that ample habitat is available at 
higher elevations. Pacific Coast WSPs have evolved to modify their use 
of areas due to these areas being dynamic changing habitats and are, 
therefore, expected to use the inland areas which we propose be 
restored to constitute habitat.
    Maps in this revised rule use shoreline data derived from U.S. 
Geological Survey 7.5 minute series digital raster graphics (DRGs). 
Although the DRGs may not represent the exact location of the dynamic 
shoreline environment, they are considered to be the best vector 
mapping product for that purpose in common use, and are easily 
referenced. As a result, the depicted shoreline on the maps may not 
correspond directly to the proposed critical habitat unit boundaries, 
which were digitized using 2009 NAIP imagery. Reference information is 
available at: http://topomaps.usgs.gov/drg/drg_overview.html, 7.5-
minute DRG series, U.S. Geological Survey.

Physical and Biological Features

    In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and 
regulations at 50 CFR 424.12, in determining which areas within the 
geographical area occupied by the species at the time of listing to 
designate as critical habitat, we consider the physical and biological 
features essential to the conservation of the species and which may 
require special management considerations or protection. These include, 
but are not limited to:
    (1) Space for individual and population growth and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, and rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historical, geographical, and ecological 
distributions of a species.
    We derive the specific physical and biological features required 
for the Pacific Coast WSP from studies of this species' habitat, 
ecology, and life history as described below, in the Background section 
in this proposed revised rule, in the final listing rule published in 
the Federal Register on March 5, 1993 (58 FR 12864), in the designation 
of critical habitat published in the Federal Register on September 29, 
2005 (70 FR 56969), and in the 12-month finding on a petition to delist 
the Pacific Coast WSP (71 FR 20607; April 21, 2006). On the basis of 
the biological needs of the population, and on the relationship of 
those needs to the population's habitat, as indicated by the best 
scientific data available and summarized below, we have determined that 
the Pacific Coast WSP requires the following physical and biological 
features:
Habitats That Are Representative of the Historical Geographical and 
Ecological Distribution of the Species
    The Pacific Coast WSP typically utilizes flat, open areas with 
sandy or saline substrates; vegetation and driftwood are usually sparse 
or absent (Stenzel et al. 1981, p. 18), such as sandy beaches, dune 
systems, salt flats, mud flats, and dredge spoil sites. They also 
regularly nest on gravel bars along the Eel River in northern 
California. Salt ponds in San Francisco Bay, and elsewhere, have become 
important habitat for the Pacific Coast WSP. These areas provide space 
for individual and population growth and for normal behavior and may 
provide micro-topographic relief offering refuge from high winds and 
cold weather and sites for nesting.
Space for Individual and Population Growth and for Normal Behavior
    Pacific Coast WSPs require space for foraging and establishment of 
nesting territories. These areas vary widely in size depending on 
habitat type, habitat availability, life-history stage and activity. As 
stated in the Background section above, males establish nesting 
territories that vary from about 0.25 to 2.5 ac (0.1 to 1.0 ha) at 
interior sites (Page et al. 1995, p.10) and 1.2 ac (0.5 ha) in coastal 
salt pan habitat, with beach territories perhaps larger (Warriner et 
al. 1986, p. 18). The birds forage in nonterritorial areas up to 5 mi 
(8 km) from the nesting sites when not incubating. Critical habitat 
must, therefore, extend beyond nesting territories to include space for 
foraging during the nesting season, and space for overwintering, and to 
provide for connectivity with other portions of the Pacific Coast WSPs 
range. Pacific Coast WSPs may overwinter at locations where there is no 
current breeding, but which are historical breeding locations (e.g., 
Dillon Beach, CA-9). Designating wintering areas as critical habitat 
provides essential areas for overwinter survival, provides protections 
for historical nesting areas, and allows connectivity between sites. 
Sandy beaches, dune systems immediately inland of an active beach face, 
salt flats, mud flats, seasonally exposed gravel bars, salt ponds and 
adjoining levees, and dredge spoil sites are areas that provide space 
for individual and population growth and for normal behavior.
Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements
    Pacific Coast WSPs typically forage in open areas by locating prey 
visually and then running to seize it with their beaks (Page et al. 
1995, p. 12). 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. 1995, p. 12). Pacific Coast WSPs 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. 
These areas that are subject to inundation but not currently under 
water support essential small invertebrate food sources such as crabs, 
worms, flies, beetles, spiders, sand hoppers, clams, and ostracods.
    Pacific Coast WSPs use sites of freshwater for drinking where 
available, but some historical 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 essential features of habitat for the population.
Cover or Shelter
    Pacific Coast WSPs and their eggs are well camouflaged against 
light-colored, sandy, or pebbly backgrounds (Page et al. 1995, p. 12). 
Open areas with these substrates actually constitute shelter for 
purposes of nesting and foraging. Such areas provide little cover to 
predators, and allow plovers to fully utilize their

[[Page 16051]]

camouflage and running speed. Pacific Coast WSPs are visually oriented 
and rely on open landscapes to detect predators. Chicks and adults may 
also crouch amongst the sand and pebbles or near driftwood, dune 
plants, and piles of kelp in an attempt to blend into their 
surroundings in plain sight (crypsis) as a means to hide from predators 
(Page and Stenzel 1981, p. 7; Stevens and Merilaita 2009, p. 423). Open 
areas do not provide shelter from winds, storms, and the extreme high 
tides associated with such events, and these conditions cause many nest 
losses. Pacific Coast WSP 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. 1995, p. 8).
    Sandy beaches, dune systems immediately inland of an active beach 
face, salt flats, mud flats, seasonally exposed gravel bars, salt ponds 
and adjoining levees, and dredge spoil sites are areas that may provide 
micro-topographic relief offering refuge from high winds and cold 
weather and sites for nesting. Surf- or water-deposited organic debris 
such as seaweed or driftwood located on open substrates supports and 
attracts small invertebrates that plovers eat, provides cover or 
shelter from predators and weather, and assists in avoidance of 
detection (crypsis) for nests, chicks, and incubating adults.
    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 Pacific Coast WSPs 
and unfavorably dense vegetation inland. These 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. Pacific Coast WSPs 
leave their nests when humans or pets approach too closely. Dogs may 
also deliberately chase plovers and may trample nests, while vehicles 
may directly crush adults, chicks, or nests, separate chicks from 
brooding adults, and interfere with foraging and mating activities 
(Warriner et al. 1986, p. 25; Service 1993, p. 12871; Ruhlen et al. 
2003, p. 303). Repeated flushing of incubating plovers exposes the eggs 
to the weather and depletes energy reserves needed by the adult, which 
may result in reductions in nesting success. Surveys at Vandenberg Air 
Force Base, California, from 1994 to 1997, found the rate of nest loss 
on southern beaches at the Base to be consistently higher than on 
northern beaches where recreational use was much lower (Persons and 
Applegate 1997, p. 8). Ruhlen et al. (2003, p. 303) found that 
increased human activities on Point Reyes beaches resulted in a lower 
chick survival rate.
    Recent efforts in various areas along the Pacific Coast that have 
been implemented to isolate nesting plovers from recreational beach 
users through the use of docents, symbolic fencing (post and signage or 
single rope fencing), and public outreach, have correlated with higher 
nesting success in those areas (Page et al. 2003, p. 3). The level of 
acceptable disturbance varies by site and is partially dependent upon 
the level of human use when Pacific Coast WSPs initiate courtship and 
nesting. Pacific Coast WSPs have had reproductive success in both 
highly disturbed areas (e.g., Oceano Dunes State Vehicular Recreation 
Area), and areas that for the most part have been off-limits to direct 
human-related activities (e.g., Vandenberg Air Force Base). Predators 
at some sites can provide a significant level of disturbance, as well 
as loss of eggs, chicks, and adults.
Sites for Breeding, Reproduction, and Rearing (or Development) 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 above. 
Unfledged chicks forage with one or both parents, using the same 
foraging areas and behaviors as adults.
Primary Constituent Elements for the Pacific Coast Western Snowy Plover
    Under the Act and its implementing regulations, we are required to 
identify the physical and biological features essential to the 
conservation of the Pacific Coast WSP in areas occupied at the time of 
listing, focusing on the features' primary constituent elements. We 
consider primary constituent elements to be the elements of physical 
and biological features that, when laid out in the appropriate quantity 
and spatial arrangement to provide for a species' life-history 
processes, are essential to the conservation of the species. We are 
proposing to designate critical habitat in areas within the 
geographical areas that were occupied by the species at the time of 
listing, that contain the primary constituent elements in the quantity 
and spatial arrangement to support life-history functions essential to 
the conservation of the species, and that may require special 
management considerations or protection. We are also proposing to 
designate areas outside the geographical area occupied by the species 
at the time of listing because we consider these areas essential for 
the conservation of the species. These sites are within the range of 
the Pacific Coast WSP, and were used by the species prior to listing. 
Due to habitat degradation and loss resulting from rising sea level, 
human development, and encroachment, we believe it prudent to include 
these additional sites in our designation to allow an expanding Pacific 
Coast WSP population to adjust to natural occurring dynamic conditions 
and threats. See Criteria Used To Identify Critical Habitat section 
below for a discussion of the species' geographic range.
    We are proposing critical habitat designation of areas that provide 
some or all of the elements of physical or biological features 
essential to the conservation of this species. The conservation of the 
Pacific Coast WSP is dependent upon multiple factors, including the 
conservation and management of areas to maintain normal ecological 
functions, where existing populations survive and reproduce. The areas 
proposed as critical habitat in this rule contain the quantity and 
arrangement of elements of physical and biological features we believe 
are essential for the conservation and recovery of the Pacific Coast 
WSP. The amount and distribution of areas proposed to be designated 
allow for the Pacific Coast WSP populations to be distributed 
throughout the area currently occupied and to return to areas formerly 
occupied within their range, to support recovery criteria outlined for 
each recovery unit, and, consequently, to support recovery range-wide 
(see recovery criteria in Service 2007). Based on the best available 
information, the primary constituent elements essential to conservation 
of the Pacific Coast WSP are the following:
    Sandy beaches, dune systems immediately inland of an active beach 
face, salt flats, mud flats, seasonally exposed gravel bars, artificial 
salt ponds

[[Page 16052]]

and adjoining levees, and dredge spoil sites, with:
    (1) Areas that are below heavily vegetated areas or developed areas 
and above the daily high tides,
    (2) Shoreline habitat areas for feeding, with no or very sparse 
vegetation, that are between the annual low tide or low-water flow and 
annual high tide or high-water flow, subject to inundation but not 
constantly under water,
    (3) Surf- or water-deposited organic debris located on open 
substrates, and
    (4) Minimal disturbance from the presence of humans, pets, 
vehicles, or human-attracted predators.
    The proposed critical habitat in this revised proposed rule 
contains the primary constituent elements in the appropriate quantity 
and spatial arrangement essential to the conservation of the Pacific 
Coast WSP, and supports multiple life processes for the species. 
Portions of some proposed critical habitat units may be currently 
degraded; however, these areas could be restored with special 
management, thereby providing suitable habitat to offset habitat loss 
from anticipated sea-level rise resulting from climate change. 
Additional areas are proposed as critical habitat to allow a recovering 
Pacific Coast WSP population to occupy its former range, and allow 
adjustment to changing conditions (e.g., shifting sand dunes), expected 
sea-level rise, and human encroachment.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the physical 
and biological features within the geographical area occupied by the 
species at the time of listing that are essential to the conservation 
of the species may require special management considerations or 
protection.
    All areas included in our proposed revision of critical habitat 
will require some level of management to address the current and future 
threats to the physical and biological features essential to the 
conservation of the Pacific Coast WSP. Special management 
considerations or protection may be required to minimize habitat 
destruction, degradation, and fragmentation associated with the 
following threats, among others: Water diversions, stabilized dunes and 
watercourses associated with urban development, human recreational 
activities, off-highway vehicle (OHV) use, beach raking, pets, 
nonnative vegetation, resource extraction, and fishing.
    Water diversions reduce the transport of sediments which contribute 
to suitable nesting and foraging substrates. Stabilized dunes and 
watercourses associated with urban development alter the dynamic 
processes of beach and river systems, thereby reducing the open nature 
of suitable habitat needed for predator detection. Human recreational 
activities disturb foraging or nesting activities, or may attract and 
provide cover for approaching predators. The use of OHVs has been 
documented to crush plover nests and strike plover adults. Beach raking 
or grooming can remove wrack, reducing food resources and cover, and 
contributing to beach erosion. Pets (leashed and unleashed) can cause 
incubating adults to leave the nest and establish trails in the sand 
that can lead predators to the nest. Nonnative vegetation reduces 
visibility plovers need to detect predators, and occupies otherwise 
suitable habitat. Resource extraction can disturb incubating, brooding, 
or foraging plovers. Fishing can disturb Pacific Coast WSPs and can 
attract predators by the presence of fish offal and bait (Lafferty 
2001, p. 2222; Dugan 2003, p. 134; Schlacher et al. 2007, p. 557; 
Service 2007, p. 33; Dugan and Hubbard 2010, p. 67).
    For discussion of the threats to the Pacific Coast WSP and its 
habitat, please see the Summary of Comments and Recommendations and 
Summary of Factors Affecting the Species sections of the 12-Month 
Finding on the Petition to Delist the Pacific Coast WPS (71 FR 20607, 
April 21, 2006), the final listing rule (58 FR 12864, March 5, 1993) 
and the Public Comments and Critical Habitat Unit Descriptions sections 
of the final critical habitat rule (70 FR 56970, September 29, 2005). 
Please also see Critical Habitat Units section below for a discussion 
of the threats in each of the proposed revised critical habitat units.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(1)(A) of the Act, we use the best 
scientific and commercial data available to designate critical habitat. 
We review available information pertaining to the habitat requirements 
of the species. In accordance with the Act and its implementing 
regulation at 50 CFR 424.12(e), we consider whether designating 
additional areas--outside those currently occupied as well as those 
occupied at the time of listing--are necessary to ensure the 
conservation of the species. We are proposing to designate critical 
habitat in areas within the geographical area occupied by the species 
at the time of listing in 1993. We also are proposing to designate 
specific areas outside the geographical area occupied by the species at 
the time of listing because such areas are essential for the 
conservation of the species. We have determined that limiting the 
designation of critical habitat to those areas that were considered 
occupied at the time of listing is no longer sufficient to conserve the 
species because:
    (1) There has been considerable loss and degradation of habitat 
throughout the species range since the time of listing;
    (2) We anticipate a further loss of habitat in the future due to 
sea-level rise resulting from climate change, and;
    (3) The species needs habitat areas that are arranged spatially in 
a way that will maintain connectivity and allow dispersal within and 
between units.
    The amount and distribution of critical habitat being proposed for 
designation will allow populations of Pacific Coast WSP to:
    (1) Maintain their existing distribution;
    (2) Increase their distribution into previously occupied areas 
(needed to offset habitat loss and fragmentation);
    (3) Move between areas depending on resource and habitat 
availability (response to changing nature of coastal beach habitat) and 
support genetic interchange;
    (4) Increase the size of each population to a level where the 
threats of genetic, demographic, and normal environmental uncertainties 
are diminished; and
    (5) Maintain their ability to withstand local or unit level 
environmental fluctuations or catastrophes.
    All areas proposed for critical habitat designation are within the 
historical range of the species. We have identified areas to include in 
this proposed designation by applying Criteria 1 through 6 below. In an 
effort to update our 2005 final designation of critical habitat for the 
Pacific Coast WSP, we used the best available information on occupancy 
and habitat conditions of areas that were analyzed in 2005 and 
considered other areas throughout the species historical range to 
determine whether to add areas to or remove areas from this proposal to 
revise critical habitat.
    We used the following criteria to select appropriate units for this 
proposed revised rule:
    (1) Areas throughout the range of the Pacific Coast WSP located to 
allow the species to move and expand: The dynamic nature of beach, 
dune, and similar habitats necessitates that Pacific Coast WSPs move to 
adjust for changes in habitat availability, food sources, and

[[Page 16053]]

pressures on survivorship or reproductive success (Colwell et al. 2009; 
p. 5). Designating units in sufficient amount and in spatially 
appropriate areas throughout the range of the Pacific Coast WSP allows 
for seasonal migration, year-to-year movements, and expansion of the 
Pacific Coast WSP to its historical boundaries. We consider this 
necessary to conserve the species because it assists in 
counterbalancing catastrophes, such as extreme climatic events, oil 
spills, or disease that might depress regional survival or 
productivity. Having units across the species' range helps in 
maintaining a robust, well distributed population and enhances survival 
and productivity of the Pacific Coast WSP as a whole, facilitates 
interchange of genetic material between units, and promotes 
recolonization of any sites that experience declines or local 
extirpations due to low productivity or temporary habitat loss. By way 
of example, Recovery Unit 2 in northern California (Service 2007; p. 
129) currently relies on the immigration of breeding adults from other 
units to maintain its population as reproductive success remains low 
(Colwell et al. 2009; p. 4). Maintaining good habitat distribution is 
essential to maintaining a healthy range-wide population, reducing the 
potential for a gap in the Pacific Coast WSP's range to develop. Within 
this designation, we focused on areas within the six recovery units 
identified in the Recovery Plan (Service 2007, Appendix A).
    (2) Breeding areas: Areas identified in the Recovery Plan (Service 
2007) known to support breeding Pacific Coast WSP were selected. 
Selected sites include historical breeding areas and areas currently 
being used by breeding plovers. These areas are essential to the 
conservation of the species because they contain the physical and 
biological features necessary for Pacific Coast WSPs to breed and 
produce offspring and ensure that population increases are distributed 
throughout the Pacific Coast WSP's range. By selecting breeding areas 
across the Pacific Coast WSP's range, we can assist in conserving the 
species' genetic and demographic robustness and important life-history 
stages for long-term sustainability of the entire listed species. Some 
breeding areas are occupied year-round and also are used as wintering 
areas by a portion of the population.
    (3) Wintering areas: Major wintering sites not already selected 
under criterion 2 above were added. A ``major'' wintering site is 
defined as one that supports more wintering birds than average for the 
geographical region based on current or historical numbers. We believe 
these areas are necessary to provide sufficient habitat for the 
survival of Pacific Coast WSPs during the nonbreeding season as they 
allow for dispersal of adults or juveniles to nonbreeding sites and 
provide roosting and foraging opportunities and shelter during 
inclement weather.
    (4) Diverse habitat: Additional sites were added that provide 
diverse habitat (mud flats, gravel bars, or salt ponds and salt pond 
levees), or that are situated to facilitate interchange between 
otherwise widely separated units. This criterion is based on standard 
conservation biology principles; by protecting a variety of habitats 
and facilitating 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, habitat loss and 
degradation, and rise in sea level.
    (5) Areas to maintain connectivity of habitat: Some areas that may 
be seasonally lacking in certain elements of essential physical and 
biological features and that contain marginal habitat were included if 
they were contiguous with areas containing one or more of those 
elements and if they contribute to the hydrologic and geologic 
processes essential to the ecological function of the system. These 
areas are essential to the conservation of the species because they 
maintain connectivity within populations, allow for species movement 
throughout the course of a given year, and allow for population 
expansion.
    (6) Restoration areas: We have selected some areas within occupied 
units that, once restored, would be able to support the Pacific Coast 
WSP. These areas generally are upland habitats, adjacent to beach and 
other areas used by the species, and contain introduced vegetation such 
as European beach grass (Ammophila arenaria) that currently limits use 
of the area by the species. These areas would provide habitat to off-
set the anticipated loss and degradation of habitat due to sea-level 
rise expected from the effects of climate change or due to development. 
These areas previously contained and would still contain the features 
essential to the conservation of the species once removal of the 
beachgrass and restoration of the area has occurred.
    In order to translate the criteria above to the areas on the 
ground, we used the following methodology to identify the mapped 
boundaries of critical habitat for the Pacific Coast WSP:
    (1) We digitally mapped occurrence data within the range of the 
Pacific Coast WSP at the time and subsequent to the time of listing in 
the form of polygons and points using ArcMap 9.3.1 (ESRI 2009). An 
attempt was made to consider site-specific survey data that was both 
current and historical. Survey information used in this designation was 
compiled from several sources during various timeframes as identified 
in the Recovery Plan (Service 2007, Appendix B);
    (2) We utilized National Agriculture Imagery Program (NAIP 2009) 
aerial imagery with a 3.3 ft (1 m) resolution to determine the lateral 
extent (width) between the water and upland areas of habitat. The 
western (seaward) boundary of the coastal units is the water's edge, 
which varies daily with each changing tide, and will vary seasonally 
with storm surges, and sand erosion and deposition. For mapping 
purposes, the western boundary of the coastal units is the water's edge 
based on the 2009 NAIP imagery. Given the dynamic nature of coastal 
beaches, riparian areas, and salt pond management, we also delineated 
the lateral extent to encompass the entire area up to the lower edge of 
permanent upland vegetation or to the edge of a permanent barrier, such 
as a bluff, levee, sea wall, human development, etc. Using aerial 
imagery (NAIP 2009), we also delineated the northern and southern 
extents of the proposed units to include the beach areas associated 
with the occurrence information identified above.
    When determining proposed revised critical habitat boundaries, we 
made every effort to avoid including developed areas, such as lands 
covered by buildings, sea walls, pavement, and other structures, 
because these areas lack physical and biological features for the 
Pacific Coast WSP. The scale of maps we prepared under the parameters 
for publication within the Code of Federal Regulations may not reflect 
the exclusion of such developed lands. Any such lands inadvertently 
left inside critical habitat boundaries shown on the maps of this 
proposed revised critical habitat have been excluded by text in this 
proposed revised rule and are not proposed for designation as critical 
habitat. Therefore, if the critical habitat is finalized as proposed, a 
Federal action involving these lands would not trigger section 7 
consultation with respect to critical habitat and the requirement of no 
adverse modification unless the specific action would affect the 
physical and biological features in adjacent critical habitat.
    In this proposed rule to revise critical habitat, we are proposing 
to designate lands that we have determined were within the geographic 
area occupied at the time of listing and contain sufficient

[[Page 16054]]

elements of physical and biological features to support life-history 
processes essential to the conservation of the species. We are also 
proposing to designate lands outside of the geographical area occupied 
at the time of listing that we have determined are essential for the 
conservation of the Pacific Coast WSP. Units are proposed for revised 
designation based on the presence of elements of physical and 
biological features essential to the conservation of the species, not 
all of which are present in each unit, but which are contained in 
levels that support Pacific Coast WSP life-history processes. Some 
units contain all of the identified elements of physical and biological 
features and thus support multiple life-history processes. Some units 
contain only some elements of the physical and biological features and 
thus support the Pacific Coast WSP's particular use of that habitat.

Summary of Changes From Previously Designated Critical Habitat

    The areas identified in this proposed revised rule constitute a 
revision of the areas designated as critical habitat for the Pacific 
Coast WSP on September 29, 2005 (70 FR 56969). In the 2005 final rule, 
we designated approximately 12,145 ac (4,921 ha) of critical habitat in 
a total of 32 units within the States of Washington, Oregon, and 
California. Refer to that final rule to compare critical habitat 
designations in 2005 with those being proposed here. Table 1 below 
outlines the changes in areas in each unit or subunit between the 2005 
final critical habitat rule and this proposed revised critical habitat 
rule. This proposed revision contains significant changes to the number 
of units and amount of acreage compared to the designation in 2005. 
These changes are based on updated information, changes to our criteria 
and methodologies for determining areas essential to the conservation 
of the Pacific Coast WSP, or exclusions based on section 4(b)(2) of the 
Act.
    A total of 39 new units and 16,116 ac (6,522 ha) are being proposed 
that were not designated in 2005. Of these, three (3) units in 
Washington are new or have new extensions; 8 units are new in Oregon; 
and 28 units are newly proposed in California. One (1) unit was 
designated as critical habitat in 2005 (San Onofre Beach, then 
designated as Unit CA 24), but is being exempted under section 4(a)(3) 
of the Act and is not being proposed in this revised rule (see 
Application of Section 4(a)(3) of the Endangered Species Act section 
below).

  Table 1--A Comparison of the Areas (in Acres and Hectares) Identified as Containing Features Essential to the
   Conservation of the Pacific Coast WSP in the 2005 Final Critical Habitat Designation and This 2010 Proposed
                                      Revised Critical Habitat Designation
                               [Values in this table may not sum due to rounding]
----------------------------------------------------------------------------------------------------------------
                                                                              2005                  2010
                Unit No.                           Unit name         -------------------------------------------
                                                                        Acres     Hectares    Acres     Hectares
----------------------------------------------------------------------------------------------------------------
                                                   Washington
----------------------------------------------------------------------------------------------------------------
WA 1....................................  Copalis Spit..............          0          0        407        165
WA 2....................................  Damon Point...............        908        367        673        272
WA 3A...................................  Midway Beach..............        786        318        697        282
WA 3B...................................  Shoalwater/Graveyard......          0          0      1,121        454
                                                                     -------------------------------------------
    WA Unit 3 Totals....................  ..........................        786        318      1,818        736
----------------------------------------------------------------------------------------------------------------
WA 4A...................................  Ledbetter Spit............        832        337      2,463        997
WA 4B...................................  Gunpowder Sands Island....          0          0        904        366
                                                                     -------------------------------------------
    WA Unit 4 Totals....................  ..........................        832        337      3,367      1,363
----------------------------------------------------------------------------------------------------------------
    WASHINGTON STATE TOTALS.............  ..........................      2,526      1,023      6,265      2,535
----------------------------------------------------------------------------------------------------------------
                                                     Oregon
----------------------------------------------------------------------------------------------------------------
OR 1....................................  Columbia River Spit.......          0          0        169         69
OR 2....................................  Necanicum River Spit......          0          0        211         85
OR 3....................................  Nehalem River Spit........          0          0        299        121
OR 4....................................  Bayocean Spit.............        207       83.5        367        148
OR 5....................................  Netarts Spit..............          0          0        541        219
OR 6....................................  Sand Lake South...........          0          0        200         81
OR 7....................................  Sutton/Baker Beaches......        260        105        372        151
OR 8A...................................  Siltcoos Breach...........          8          3         15          6
OR 8B...................................  Siltcoos River Spit.......          0          0        241         97
OR 8C...................................  Dunes Overlook/Tahkenitch         527        213        716        290
                                           Creek Spit.
OR 8D...................................  North Umpqua River Spit...          0          0        236         95
                                                                     -------------------------------------------
    Unit OR-8 Totals....................  ..........................        535        217      1,208        489
----------------------------------------------------------------------------------------------------------------
OR 9....................................  Tenmile Creek Spit........      234.5         95        244         99
OR 10...................................  Coos Bay North Spit.......        278        113        308        125
OR 11...................................  Bandon to New River.......        632        256      1,016        411
OR 12 *.................................  Elk River Spit............          0          0        167         68
OR 13...................................  Euchre Creek..............          0          0        116         47
----------------------------------------------------------------------------------------------------------------
        OREGON STATE TOTALS.............  ..........................    2,146.5      868.5      5,219      2,112
----------------------------------------------------------------------------------------------------------------

[[Page 16055]]

 
                                                   California
----------------------------------------------------------------------------------------------------------------
CA 1....................................  Lake Earl.................         57         24         74         30
CA 2....................................  Gold Bluffs Beach.........          0          0        144         58
CA 3a...................................  Humboldt Lagoons--Stone             0          0         52         21
                                           Lagoon.
CA 3b...................................  Humboldt Lagoons--Big             280        113        212         86
                                           Lagoon.
                                                                     -------------------------------------------
    Unit CA-3 Totals....................  ..........................        280        113        264        107
----------------------------------------------------------------------------------------------------------------
CA 4a...................................  Clam Beach/Little River...        155         63        194         79
CA 4b...................................  Mad River.................        377        153        456        185
                                                                     -------------------------------------------
    Unit CA-4 Totals....................  ..........................        532        215        650        263
----------------------------------------------------------------------------------------------------------------
CA 5a...................................  Humboldt Bay South Spit...        375        152        419        170
CA 5b...................................  Eel River North Spit/Beach        283        114        259        105
CA 5c...................................  Eel River South Spit/Beach        402        163        339        137
                                                                     -------------------------------------------
    Unit CA-5 Totals....................  ..........................      1,060        429      1,017        412
----------------------------------------------------------------------------------------------------------------
CA 6....................................  Eel River Gravel Bars.....      1,193        483      1,139        461
CA 7....................................  MacKerricher Beach........      1,048        424      1,176        476
CA 8....................................  Manchester Beach..........        341        138        482        195
CA 9....................................  Dillon Beach..............          0          0         39         16
CA 10A..................................  Pt Reyes..................        462        187        460        186
CA 10B..................................  Limantour.................        124         50        156         63
                                                                     -------------------------------------------
    Unit CA-10 Totals...................  ..........................        586        237        617        250
----------------------------------------------------------------------------------------------------------------
CA 11...................................  Napa......................          0          0        618        250
CA 12...................................  Hayward...................          0          0          1          0
CA 13A..................................  Eden Landing..............          0          0        237         96
CA 13B..................................  Eden Landing..............          0          0        171         69
CA 13C..................................  Eden Landing..............          0          0        609        246
                                                                     -------------------------------------------
    Unit CA-13 Totals...................  ..........................          0          0      1,016        411
----------------------------------------------------------------------------------------------------------------
CA 14...................................  Ravenswood................          0          0         89         36
CA 15...................................  Warm Springs..............          0          0        168         68
CA 16...................................  Half Moon Bay.............         37         15         36         15
CA 17...................................  Waddell Creek Beach.......          9          4         25         10
CA 18...................................  Scott Creek Beach.........         19          8         23          9
CA 19...................................  Wilder Creek Beach........         10          4         15          6
CA 20...................................  Jetty Road to Aptos.......          0          0        399        161
CA 21...................................  Elkhorn Slough Mudflats...        281        114        281        114
CA 22...................................  Monterey to Moss Landing..          0          0        967        391
CA 23...................................  Point Sur Beach...........         61         25         72         29
CA 24...................................  San Carpoforo Creek.......          0          0         24         10
CA 25...................................  Arroyo Laguna Creek.......          0          0         28         11
CA 26...................................  San Simeon State Beach....         28         11         24         10
CA 27...................................  Villa Creek Beach.........         17          7         20          8
CA 28...................................  Toro Creek................          0          0         34         14
CA 29...................................  Atascadero Beach/Morro              0          0        213         86
                                           Strand SB.
CA 30...................................  Morro Bay Beach...........          0          0      1,076        435
CA 31...................................  Pismo Beach/Nipomo Dunes..          0          0      1,652        669
CA 32...................................  Vandenberg North..........          0          0        711        288
CA 33...................................  Vandenberg South..........          0          0        423        171
CA 34...................................  Devereaux Beach...........         36         15         52         21
CA 35...................................  Santa Barbara Beaches.....          0          0         65         26
CA 36...................................  Santa Rosa Island Beaches.          0          0        586        237
CA 37...................................  San Buenaventura Beach....          0          0         70         28
CA 38...................................  Mandalay to Santa Clara           350        142        672        272
                                           River.
CA 39...................................  Ormond Beach..............        175         71        320        130
CA 40...................................  Mugu Lagoon South.........         87         35          0          0
CA 43...................................  Zuma Beach................         68         28         73         30
CA 44...................................  Malibu Beach..............          0          0         13          5
CA 45A..................................  Santa Monica Beach........         25         10         48         19

[[Page 16056]]

 
CA 45B..................................  Dockweiler North..........         43         17         34         14
CA 45C..................................  Dockweiler South..........         24         10         65         26
CA 45D..................................  Hermosa State Beach.......         10          4         27         11
                                                                     -------------------------------------------
    Unit CA-45 Totals...................  ..........................        102         41        173         70
----------------------------------------------------------------------------------------------------------------
CA 46A..................................  Bolsa Chica Reserve.......        591        239        484        196
CA 46B..................................  Bolsa Chica Reserve.......          0          0          2          1
CA 46C..................................  Bolsa Chica Reserve.......          0          0         21          9
CA 46D..................................  Bolsa Chica Reserve.......          0          0          3          1
CA 46E..................................  Bolsa Chica State Beach...          4          2          8          3
                                                                     -------------------------------------------
    Unit CA-46 Totals...................  ..........................        595        241        518        210
----------------------------------------------------------------------------------------------------------------
CA 47...................................  Santa Ana River Mouth.....         13          5         19          8
CA 48...................................  Balboa Beach..............          0          0         25         10
                                          San Onofre Beach (Unit CA-         49         20          0          0
                                           24 in 2005).
CA 50A..................................  Batiquitos Lagoon.........         21          9         24         10
CA 50B..................................  Batiquitos Lagoon.........         23          9         23          9
CA 50C..................................  Batiquitos Lagoon.........         21          8         19          8
                                                                     -------------------------------------------
    Unit CA-50 Totals...................  ..........................         65         26         66         27
----------------------------------------------------------------------------------------------------------------
CA 51A..................................  San Elijo Lagoon                    0          0          3          1
                                           Ecological Reserve.
CA 51B..................................  San Elijo Lagoon                    0          0          5          2
                                           Ecological Reserve.
CA 51C..................................  San Elijo Lagoon                    0          0          7          3
                                           Ecological Reserve.
                                                                     -------------------------------------------
    Unit CA-51 Totals...................  ..........................          0          0         15          6
----------------------------------------------------------------------------------------------------------------
CA 52A..................................  San Dieguito Lagoon.......          0          0          4          2
CA 52B..................................  San Dieguito Lagoon.......          0          0          3          1
CA 52C..................................  San Dieguito Lagoon.......          0          0          4          2
                                                                     -------------------------------------------
    Unit CA-52 Totals...................  ..........................          0          0         11          5
----------------------------------------------------------------------------------------------------------------
CA 53...................................  Los Penasquitos Lagoon....         24         10         32         13
CA 54A..................................  Fiesta Island.............          0          0          2          1
CA 54B..................................  Mariner's Point...........          0          0          7          3
CA 54C..................................  South Mission Beach.......          0          0         38         15
CA 54D..................................  San Diego River Channel...          0          0         51         21
                                                                     -------------------------------------------
    Unit CA-54 Totals...................  ..........................          0          0         98         39
----------------------------------------------------------------------------------------------------------------
CA 55B..................................  Coronado Beach............         44         18         74         30
CA 55E..................................  Sweetwater Marsh National         128         52        132         53
                                           Wildlife Refuge and D
                                           Street Fill.
CA 55F..................................  Silver Strand State Beach.          0          0         82         33
CA 55G..................................  Chula Vista Wildlife                0          0         10          4
                                           Reserve.
CA 55I..................................  San Diego National                  0          0          5          2
                                           Wildlife Refuge, South
                                           Bay Unit.
CA 55J..................................  Tijuana Estuary and Beach.        182         73        150         61
                                                                     -------------------------------------------
    Unit CA-55 Totals...................  ..........................        354        143        453        183
----------------------------------------------------------------------------------------------------------------
        CALIFORNIA TOTALS...............  ..........................      7,477      3,029     16,777      6,789
                                                                     -------------------------------------------
        WASHINGTON, OREGON, CALIFORNIA    ..........................     12,145      4,921     28,261     11,437
         GRAND TOTALS.
----------------------------------------------------------------------------------------------------------------

    Some areas being proposed as revised critical habitat were omitted 
from the 2005 final rule. We have subsequently concluded that they are 
essential to the conservation of the species based on our current 
criteria for determining critical habitat (see Criteria Used To 
Identify Critical Habitat section and information outlined below). Most 
of the units excluded between the 2004 proposed rule and the 2005 final 
rule were excluded for economic reasons under section 4(b)(2) of the 
Act. The economic analysis for that rule quantified coextensive 
economic impacts of both

[[Page 16057]]

the listing and critical habitat for the Pacific Coast WSP. We now 
analyze economic impacts of proposed critical habitat designations by 
comparing scenarios both ``with critical habitat'' and ``without 
critical habitat.'' The ``without critical habitat'' scenario 
represents the baseline for the analysis, considering protections 
already in place for the species (e.g., under the Federal listing and 
other Federal, State, and local regulations), and representing the 
costs incurred regardless of whether critical habitat is designated. 
The ``with critical habitat'' scenario describes the incremental 
impacts associated specifically with the designation of critical 
habitat for the species, the costs of which are solely attributable to 
the designation of critical habitat, above and beyond the baseline 
costs. Incremental impacts are the costs we now consider in the final 
designation of critical habitat when evaluating the benefits of 
excluding particular areas under section 4(b)(2) of the Act. We are 
currently in the process of conducting a new economic analysis on this 
proposed designation (see Economic Impacts section below).

Proposed Revised Critical Habitat Designation

    We are proposing 28,261 ac (11,437 ha) in 68 units as revised 
critical habitat for the Pacific Coast WSP: 6,265 ac (2,535 ha) in 4 
units in Washington; 5,219 ac (2,112 ha) in 13 units in Oregon; and 
16,777 ac (6,789 ha) in 51 units in California. The critical habitat 
areas described below constitute our current assessment of areas that 
meet the definition of critical habitat for the Pacific Coast WSP. 
Table 2 shows the occupied units. The approximate area and ownership of 
each proposed revised critical habitat unit is shown in Table 3. These 
units, if finalized, will replace the current critical habitat 
designation for the Pacific Coast WSP in 50 CFR 17.95.

               Table 2--Occupancy of Pacific Coast WSP by Proposed Revised Critical Habitat Units
----------------------------------------------------------------------------------------------------------------
                                                                    Occupied at time of
                Unit                             Name                    listing?           Currently occupied
----------------------------------------------------------------------------------------------------------------
WA 1...............................  Copalis Spit...............  No....................  No.
WA 2...............................  Damon Point................  Yes...................  Yes.
WA 3A..............................  Midway Beach...............  Yes...................  Yes.
WA 3B *............................  Shoalwater/Graveyard.......  Yes...................  Yes.
WA 4A..............................  Leadbetter Spit............  Yes...................  Yes.
WA 4B..............................  Gunpowder Sands Island.....  Yes...................  No.
OR 1...............................  Columbia River Spit........  No....................  No.
OR 2...............................  Necanicum River Spit.......  No....................  No.
OR 3...............................  Nehalem River Spit.........  No....................  Yes.
OR 4...............................  Bayocean Spit..............  Yes...................  Yes.
OR 5...............................  Netarts Spit...............  No....................  No.
OR 6...............................  Sand Lake South............  No....................  No.
OR 7...............................  Sutton/Baker Beaches.......  Yes...................  Yes.
OR 8A..............................  Siltcoos Breach............  Yes...................  Yes.
OR 8B..............................  Siltcoos River Spit........  Yes...................  Yes.
OR 8C..............................  Dunes Overlook/Tahkenitch    Yes...................  Yes.
                                      Creek Spit.
OR 8D..............................  North Umpqua River Spit....  No....................  No.
OR 9...............................  Tenmile Creek Spit.........  Yes...................  Yes.
OR 10..............................  Coos Bay North Spit........  Yes...................  Yes.
OR 11..............................  Bandon to New River........  Yes...................  Yes.
OR 12 *............................  Elk River Spit.............  No....................  No.
OR 13..............................  Euchre Creek...............  No....................  No.
CA 1...............................  Lake Earl..................  Yes...................  Yes.
CA 2...............................  Gold Bluffs Beach..........  Yes...................  Yes.
CA 3a..............................  Humboldt Lagoons--Stone      Yes...................  Yes.
                                      Lagoon.
CA 3b..............................  Humboldt Lagoons--Big        Yes...................  Yes.
                                      Lagoon.
CA 4a..............................  Clam Beach/Little River....  Yes...................  Yes.
CA 4b..............................  Mad River..................  Yes...................  Yes.
CA 5a..............................  Humboldt Bay South Spit....  Yes...................  Yes.
CA 5b..............................  Eel River North Spit/Beach.  Yes...................  Yes.
CA 5c..............................  Eel River South Spit/Beach.  Yes...................  Yes.
CA 6...............................  Eel River Gravel Bars......  Yes...................  Yes.
CA 7...............................  MacKerricher Beach.........  Yes...................  Yes.
CA 8...............................  Manchester Beach...........  No....................  Yes.
CA 9...............................  Dillon Beach...............  Yes...................  Yes.
CA 10A.............................  Pt Reyes...................  Yes...................  Yes.
CA 10B.............................  Limantour..................  Yes...................  Yes.
CA 11..............................  Napa.......................  Yes...................  Yes.
CA 12..............................  Hayward....................  Yes...................  Yes.
CA 13A.............................  ...........................  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 13B.............................  Eden Landing...............  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 13C.............................  ...........................  Yes...................  Yes.
CA 14..............................  Ravenswood.................  Yes...................  Yes.
CA 15..............................  Warm Springs...............  Yes...................  Yes.
CA 16..............................  Half Moon Bay..............  Yes...................  Yes.
CA 17..............................  Waddell Creek Beach........  Yes...................  No.
CA 18..............................  Scott Creek Beach..........  Yes...................  Yes.
CA 19..............................  Wilder Creek Beach.........  Yes...................  Yes.
CA 20..............................  Jetty Road to Aptos........  Yes...................  Yes.
CA 21..............................  Elkhorn Slough Mudflats....  Yes...................  Yes.

[[Page 16058]]

 
CA 22..............................  Monterey to Moss Landing...  Yes...................  Yes.
CA 23..............................  Point Sur Beach............  Yes...................  Yes.
CA 24..............................  San Carpoforo Creek........  Yes...................  Yes.
CA 25..............................  Arroyo Laguna Creek........  Yes...................  Yes.
CA 26..............................  San Simeon State Beach.....  Yes...................  Yes.
CA 27..............................  Villa Creek Beach..........  Yes...................  Yes.
CA 28..............................  Toro Creek.................  Yes...................  Yes.
CA 29..............................  Atascadero Beach/Morro       Yes...................  Yes.
                                      Strand SB.
CA 30..............................  Morro Bay Beach............  Yes...................  Yes.
CA 31..............................  Pismo Beach/Nipomo Dunes...  Yes...................  Yes.
CA 32..............................  Vandenberg North...........  Yes...................  Yes.
CA 33..............................  Vandenberg South...........  Yes...................  Yes.
CA 34..............................  Devereaux Beach............  Yes...................  Yes.
CA 35..............................  Santa Barbara Beaches......  Yes...................  Yes.
CA 36..............................  Santa Rosa Island Beaches..  Yes...................  Yes.
CA 37..............................  San Buenaventura Beach.....  Yes...................  Yes.
CA 38..............................  Mandalay to Santa Clara      Yes...................  Yes.
                                      River.
CA 39..............................  Ormond Beach...............  Yes...................  Yes.
CA 43..............................  Zuma Beach.................  Yes...................  Yes.
CA 44..............................  Malibu Beach...............  Yes...................  Yes.
CA 45A.............................  Santa Monica Beach.........  Yes...................  Yes.
CA 45B.............................  Dockweiler North...........  Yes...................  Yes.
CA 45C.............................  Dockweiler South...........  Yes...................  Yes.
CA 45D.............................  Hermosa State Beach........  Yes...................  Yes.
CA 46A.............................  ...........................  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 46B.............................  Bolsa Chica Reserve........  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 46C.............................  ...........................  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 46D.............................  ...........................  Yes...................  Yes.
CA 46E.............................  Bolsa Chica State Beach....  Yes...................  Yes.
CA 47..............................  Santa Ana River Mouth......  No....................  No.
CA 48..............................  Balboa Beach...............  Yes...................  Yes.
CA 50A.............................  ...........................  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 50B.............................  Batiquitos Lagoon..........  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 50C.............................  ...........................  Yes...................  Yes.
CA 51A.............................  ...........................  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 51B.............................  San Elijo Lagoon Ecological  Yes...................  Yes.
                                      Reserve.
------------------------------------                             -----------------------------------------------
CA 51C.............................  ...........................  Yes...................  Yes.
CA 52A.............................  ...........................  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 52B.............................  San Dieguito Lagoon........  Yes...................  Yes.
------------------------------------                             -----------------------------------------------
CA 52C.............................  ...........................  Yes...................  Yes.
CA 53..............................  Los Penasquitos Lagoon.....  Yes...................  Yes.
CA 54A.............................  Fiesta Island..............  Yes...................  No.
CA 54B.............................  Mariner's Point............  Yes...................  Yes.
CA 54C.............................  South Mission Beach........  Yes...................  Yes.
CA 54D.............................  San Diego River Channel....  Yes...................  Yes.
CA 55B.............................  Coronado Beach.............  Yes...................  Yes.
CA 55E.............................  Sweetwater Marsh National    Yes...................  Yes.
                                      Wildlife Refuge.
CA 55F.............................  Silver Strand State Beach..  Yes...................  Yes.
CA 55G.............................  Chula Vista Wildlife         Yes...................  No.
                                      Reserve.
CA 55I.............................  San Diego National Wildlife  Yes...................  Yes.
                                      Refuge, South Bay Unit.
CA 55J.............................  Tijuana Estuary and Beach..  Yes...................  Yes.
----------------------------------------------------------------------------------------------------------------
* Unit or portions of unit may be considered for exclusion in the final critical habitat rule under section
  4(b)(2) of the Act.


   Table 3--Proposed Revised Critical Habitat for the Pacific Coast WSP Showing Federal, State, Tribal, and Other (Private and Local Government) Land
                                                                        Ownership
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Total              Federal             Tribal               State               Other
          Unit No.                   Unit name       ---------------------------------------------------------------------------------------------------
                                                         ac        ha        ac        ha        ac        ha        ac        ha        ac        ha
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Washington
--------------------------------------------------------------------------------------------------------------------------------------------------------
WA 1........................  Copalis Spit..........       407       165         0         0         0         0       407       165         0         0
WA 2........................  Damon Point...........       673       272         0         0         0         0       648       262        25        10

[[Page 16059]]

 
WA 3A.......................  Midway Beach..........       697       282         0         0         0         0       697       282         0         0
WA 3B*......................  Shoalwater/Graveyard..     1,121       454         0         0       336       136       505       204       280       113
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit WA-3 Totals................................     1,818       735         0         0       336       136     1,202       486       280       113
--------------------------------------------------------------------------------------------------------------------------------------------------------
WA 4A.......................  Leadbetter Spit.......     2,463       997     2,026       820         0         0       437       177         0         0
WA 4B.......................  Gunpowder Sands Island       904       366       904       366         0         0         0         0         0         0
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit WA-4 Totals................................     3,367     1,363     2,930     1,186         0         0       437       177         0         0
--------------------------------------------------------------------------------------------------------------------------------------------------------
    WASHINGTON STATE TOTALS.........................     6,265     2,535     2,930     1,186       336       136     2,694     1,090       305       123
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Oregon
--------------------------------------------------------------------------------------------------------------------------------------------------------
OR 1........................  Columbia River Spit...       169        69       169        69         0         0         0         0         0         0
OR 2........................  Necanicum River Spit..       211        85         0         0         0         0       161        65        50        20
OR 3........................  Nehalem River Spit....       299       121         0         0         0         0       299       121         0         0
OR 4........................  Bayocean Spit.........       367       148       279       113         0         0         0         0        88        36
OR 5........................  Netarts Spit..........       541       219         0         0         0         0       541       219         0         0
OR 6........................  Sand Lake South.......       200        81         0         0         0         0         0         0       200        81
OR 7........................  Sutton/Baker Beaches..       372       151       372       151         0         0         0         0         0         0
OR 8A.......................  Siltcoos Breach.......        15         6        15         6         0         0         0         0         0         0
OR 8B.......................  Siltcoos River Spit...       241        97       241        97         0         0         0         0         0         0
OR 8C.......................  Dunes Overlook/              716       290       716       290         0         0         0         0         0         0
                               Tahkenitch Creek Spit.
OR 8D.......................  North Umpqua River           236        95       151        61         0         0        85        34         0         0
                               Spit.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit OR-8 Totals................................     1,208       489     1,123       454         0         0        85        34         0         0
--------------------------------------------------------------------------------------------------------------------------------------------------------
OR 9........................  Tenmile Creek Spit....       244        99       244        99         0         0         0         0         0         0
OR 10.......................  Coos Bay North Spit...       308       125       308       125         0         0         0         0         0         0
OR 11.......................  Bandon to New River...     1,016       411       459       186         0         0       267       108       290       117
OR 12*......................  Elk River Spit........       167        68         0         0         0         0         0         0       167        68
OR 13.......................  Euchre Creek..........       116        47         0         0         0         0         0         0       116        47
--------------------------------------------------------------------------------------------------------------------------------------------------------
    OREGON STATE TOTALS.............................     5,219     2,112     2,955     1,196         0         0     1,353       547       911       369
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       California
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 1........................  Lake Earl.............        74        30         0         0         0         0        22         9        52        21
CA 2........................  Gold Bluffs Beach.....       144        58         0         0         0         0       144        58         0         0
CA 3A.......................  Humboldt Lagoons--            52        21         0         0         0         0        52        21         0         0
                               Stone Lagoon.
CA 3B.......................  Humboldt Lagoons--Big        212        86         0         0         0         0       174        70        38        15
                               Lagoon.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-3 Totals................................       264       107         0         0         0         0       226        92        38        15
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 4A.......................  Clam Beach/Little            194        79         0         0         0         0        79        32       115        47
                               River.
CA 4B.......................  Mad River.............       456       185         0         0         0         0       152        62       304       123
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-4 Totals................................       650       263         0         0         0         0       231        93       419       170
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 5A.......................  Humboldt Bay South           419       170        20         8         0         0       383       155        16         7
                               Spit.
CA 5B.......................  Eel River North Spit/        259       105         0         0         0         0       252       102         7         3
                               Beach.
CA 5C.......................  Eel River South Spit/        339       137         0         0         0         0       317       128        22         9
                               Beach.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-5 Totals................................     1,017       412        20         8         0         0       952       385        45        18
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 6........................  Eel River Gravel Bars.     1,139       461         0         0         0         0        82        33     1,057       428
CA 7........................  MacKerricher Beach....     1,176       476         0         0         0         0     1,102       446        74        30
CA 8........................  Manchester Beach......       482       195        68        28         0         0       402       163        12         5
CA 9........................  Dillon Beach..........        39        16         0         0         0         0         0         0        39        16
CA 10A......................  Pt Reyes..............       460       186       460       186         0         0         0         0         0         0
CA 10B......................  Limantour.............       156        63       156        63        0.         0         0         0         0         0
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-10 Totals...............................       617       250       617       250         0         0         0         0         0         0
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 11.......................  Napa..................       618       250         0         0         0         0       618       250         0         0
CA 12.......................  Hayward...............         1         0         0         0         0         0         0         0         1         0
CA 13A......................  Eden Landing..........       237        96         0         0         0         0       228        92         8         3
CA 13B......................  Eden Landing..........       171        69         0         0         0         0       171        69         0         0
CA 13C......................  Eden Landing..........       609       247         0         0         0         0       602       244         7         3
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-13 Totals...............................     1,016       411         0         0         0         0     1,001       405        15         6
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 14.......................  Ravenswood............        89        36         0         0         0         0         0         0        89        36
CA 15.......................  Warm Springs..........       168        68       168        68         0         0         0         0         0         0
CA 16.......................  Half Moon Bay.........        36        15         0         0         0         0        36        15         0         0
CA 17.......................  Waddell Creek Beach...        25        10         0         0         0         0        19         8         7         3

[[Page 16060]]

 
CA 18.......................  Scott Creek Beach.....        23         9         0         0         0         0        15         6         8         3
CA 19.......................  Wilder Creek Beach....        15         6         0         0         0         0        15         6         0         0
CA 20.......................  Jetty Road to Aptos...       399       161         0         0         0         0       369       149        30        12
CA 21.......................  Elkhorn Slough               281       114         0         0         0         0       281       114         0         0
                               Mudflats.
CA 22.......................  Monterey to Moss             967       391       423       171         0         0       285       115       260       105
                               Landing.
CA 23.......................  Point Sur Beach.......        72        29         0         0         0         0        38        15        34        14
CA 24.......................  San Carpoforo Creek...        24        10         4         2         0         0        18         7         3         1
CA 25.......................  Arroyo Laguna Creek...        28        11         0         0         0         0        18         7        10         4
CA 26.......................  San Simeon State Beach        24        10         0         0         0         0        24        10         0         0
CA 27.......................  Villa Creek Beach.....        20         8         0         0         0         0        20         8         0         0
CA 28.......................  Toro Creek............        34        14         0         0         0         0        11         4        23         9
CA 29.......................  Atascadero Beach/Morro       213        86         0         0         0         0        65        26       149        60
                               Strand SB.
CA 30.......................  Morro Bay Beach.......     1,076       435         0         0         0         0       948       384       129        52
CA 31.......................  Pismo Beach/Nipomo         1,652       669       242        98         0         0       552       223       858       347
                               Dunes.
CA 32.......................  Vandenberg North......       711       288       711       288         0         0         0         0         0         0
CA 33.......................  Vandenberg South......       423       171       373       151         0         0         0         0        50        20
CA 34.......................  Devereaux Beach.......        52        21         0         0         0         0        43        17         9         4
CA 35.......................  Santa Barbara Beaches.        65        26         0         0         0         0        30        12        35        14
CA 36.......................  Santa Rosa Island            586       237       586       237         0         0         0         0         0         0
                               Beaches.
CA 37.......................  San Buenaventura Beach        70        28         0         0         0         0        70        28         0         0
CA 38.......................  Mandalay to Santa            672       272         0         0         0         0       459       186       213        86
                               Clara River.
CA 39.......................  Ormond Beach..........       320       130         0         0         0         0       159        65       161        65
CA 43.......................  Zuma Beach............        73        30         0         0         0         0         1         1        72        29
CA 44.......................  Malibu Beach..........        13         5         0         0         0         0        13         5         0         0
CA 45A......................  Santa Monica Beach....        48        19         0         0         0         0        29        12        19         8
CA 45B......................  Dockweiler North......        34        14         0         0         0         0        34        14         0         0
CA 45C......................  Dockweiler South......        65        26         0         0         0         0        54        22        11         4
CA 45D......................  Hermosa State Beach...        27        11         0         0         0         0         8         3        19         8
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-45 Totals...............................       173        70         0         0         0         0       124        50       496        20
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 46A......................  Bolsa Chica Reserve...       484       196         0         0         0         0       484       196         0         0
CA 46B......................  Bolsa Chica Reserve...         2         1         0         0         0         0         2         1         0         0
CA 46C......................  Bolsa Chica Reserve...        21         9         0         0         0         0        21         9         0         0
CA 46D......................  Bolsa Chica Reserve...         3         1         0         0         0         0         3         1         0         0
CA 46E......................  Bolsa Chica State              8         3         0         0         0         0         8         3         0         0
                               Beach.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-46 Totals...............................       518       210         0         0         0         0         8         3       510       205
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 47.......................  Santa Ana River Mouth.        19         8         0         0         0         0        18         7         1         1
CA 48.......................  Balboa Beach..........        25        10         0         0         0         0         0         0        25        10
CA 50A......................  Batiquitos Lagoon.....        24        10         0         0         0         0        18         7         6         3
CA 50B......................  Batiquitos Lagoon.....        23         9         0         0         0         0        15         6         8         3
CA 50C......................  Batiquitos Lagoon.....        19         8         0         0         0         0         0         0        19         8
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-50 Totals...............................        66        27         0         0         0         0        32        13        33        14
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 51A......................  San Elijo Lagoon               3         1         0         0         0         0         3         1         0         0
                               Ecological Reserve.
CA 51B......................  San Elijo Lagoon               5         2         0         0         0         0         1         0         4         2
                               Ecological Reserve.
CA 51C......................  San Elijo Lagoon               7         3         0         0         0         0         7         3         0         0
                               Ecological Reserve.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-51 Totals...............................        15         6         0         0         0         0        11         4         4         2
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 52A......................  San Dieguito Lagoon...         4         2         0         0         0         0         0         0         4         2
CA 52B......................  San Dieguito Lagoon...         3         1         0         0         0         0         0         0         3         1
CA 52C......................  San Dieguito Lagoon...         4         1         0         0         0         0         4         2         0         0
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-52 Totals...............................        11         5         0         0         0         0         4         2         7         3
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 53.......................  Los Penasquitos Lagoon        32        13         0         0         0         0        32        13         1         0
CA 54A......................  Fiesta Island.........         2         1         0         0         0         0         1         1         1         0
CA 54B......................  Mariner's Point.......         7         3         0         0         0         0         1         0         6         2
CA 54C......................  South Mission Beach...        38        15         0         0         0         0         8         3        30        12
CA 54D......................  San Diego River               51        21         0         0         0         0        38        15        13         5
                               Channel.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-54 Totals...............................        98        40         0         0         0         0        48        19        50        20
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA 55B......................  Coronado Beach........        74        30         0         0         0         0        74        30         0         0
CA 55E......................  Sweetwater Marsh             132        54        77        31         0         0         1         0        54        22
                               National Wildlife
                               Refuge and D Street
                               Fill.
CA 55F......................  Silver Strand State           82        33        74        30         0         0         8         3         0         0
                               Beach.
CA 55G......................  Chula Vista Wildlife          10         4         0         0         0         0        10         4         0         0
                               Reserve.
CA 55I......................  San Diego National             5         2         0         0         0         0         0         0         5         2
                               Wildlife Refuge,
                               South Bay Unit.

[[Page 16061]]

 
CA 55J......................  Tijuana Estuary and          150        61        71        29         0         0        58        23        21         9
                               Beach.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Unit CA-55 Totals (does not include exempt sub-        453       183       222        90         0         0       151        61        81        33
     units).
--------------------------------------------------------------------------------------------------------------------------------------------------------
        CALIFORNIA TOTALS...........................    16,777     6,789     3,434     1,390         0         0     8,693     3,518     4,650     1,882
                             ---------------------------------------------------------------------------------------------------------------------------
        WASHINGTON, OREGON, CALIFORNIA GRAND TOTALS.    28,261    11,437     9,040     3,658       336       136    12,740     5,156     6,145     2,487
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Unit or portions of unit may be considered for exclusion in the final critical habitat rule under section 4(b)(2) of the Act. Values in this table may
  not sum due to rounding.

Critical Habitat Units

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for the Pacific Coast WSP 
below.
Washington
    WA 1, Copalis Spit, 407 ac (165 ha):
    Copalis Spit is located along the central Washington coast, 
approximately 20 mi (32 km) northwest of the Community of Hoquiam in 
Grays Harbor County. Copalis Spit is a 2-mi (3-km) long sand spit 
bounded by the Copalis River on the northern and landward sides. The 
Copalis Beach access road off State Route 109 and State Park property 
line demark the southern boundary. The unit is entirely within 
Griffiths-Priday Ocean State Park (Washington State Parks and 
Recreation Commission).
    This unit is the northernmost unit in the range of the species and 
historically supported 6 to 12 nesting pairs of Pacific Coast WSPs, but 
no use has been documented since 1984 (Service 2007, p. 21). This unit 
was not occupied at the time of listing and is not currently occupied. 
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 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. Although currently 
unoccupied, the unit is considered essential for the conservation of 
the species as it allows for population expansion into the northern 
extent of the Pacific Coast WSP's historical range from adjacent 
occupied areas and has high quality habitat, including a long sandy 
beach with sparsely vegetated dunes that extend to the river, providing 
nesting and foraging opportunities for the species.
    WA 2, Damon Point/Oyhut Wildlife Area, 673 ac (272 ha):
    This unit is located at the southern end of the City of Ocean 
Shores in Grays Harbor County and is a sandy spit that extends into 
Grays Harbor. The unit boundary begins at the Damon Point parking area 
off Marine View Drive. The western boundary generally follows the 
property line for the Oyhut Wildlife Area.
    This unit was occupied at the time of listing and we consider this 
unit to be currently occupied. Research in the mid-1980s indicated that 
up to 20 Pacific Coast WSPs have used Damon Point for nesting. However, 
use has declined significantly at this site, with only six adult birds 
documented using the area during the breeding season in 2005. A 
historic shipwreck (S.S. Catala) was exposed during winter storms in 
2006, and the vessel was removed from the spit due to oil spill and 
other hazardous materials concerns over a period of 17 months (State of 
Washington, Department of Ecology 2007). The opportunity to view the 
shipwreck and removal operation drew media attention, and hundreds of 
visitors visited the site on weekends. Visitation of the area has 
dropped off since the clean-up. Even though no plover nesting has been 
documented at Damon Point since 2006, we consider this unit occupied by 
the species based on previous use of the area, on the fluctuating use 
of areas in general by the species as a response to habitat and 
resource availability, and because breeding surveys are not conclusive 
as to the presence or absence of a species as they only provide 
information during the breeding season. We have determined that the 
unit contains the physical and biological features essential to the 
conservation of the species which may require special management 
considerations or protection. The unit includes 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.
    The majority (648 ac (262 ha)) of the unit is administered by the 
State of Washington (Department of Fish and Wildlife and Department of 
Natural Resources). There are over 7 mi (11 km) of sandy beaches and 
shoreline at Damon Point, and the shape of the spit changes constantly 
with winter storms and nearshore sand drift. In recent years, some of 
the lower elevation areas have been overwashed, and coastal erosion may 
result in separation of the spit from the mainland in the near future. 
The western edge of the unit lies adjacent to a municipal wastewater 
treatment facility that is managed by the City of Ocean Shores, with a 
few undevelopable private parcels in the tidelands near the parking 
area. Similar to Copalis Spit, the access road has washed out, and the 
area is currently inaccessible to motorized vehicles.
    The primary threats to Pacific Coast WSPs that may require special 
management at this time are recreational use, including pedestrians and 
unleashed pets, habitat loss from European beach grass, and potential 
reopening of the vehicle access road. Special management in the form of 
developing and enforcing regulations to address the recreation issues 
may be needed. Management to remove and control beach grass will 
prevent further spread of nonnative vegetation, thereby maintaining and 
expanding the elements of essential physical and biological features 
identified above.
    WA 3A, Midway Beach, 697 ac (282 ha):
    Located adjacent to the Community of Grayland, this subunit extends 
from the northern boundary of Grayland Beach State Park, through South 
Beach State Park to Cape Shoalwater at the southern end in Pacific 
County. Midway Beach is

[[Page 16062]]

an expansive beach and is nearly 0.5 mi (0.8 km) wide at the widest 
point. This subunit was occupied at the time of listing and is 
currently occupied. This subunit includes the following physical and 
biological features essential to the conservation of the species: large 
areas of sand dune habitat that is relatively undisturbed, areas of 
sandy beach above and below the high-tide line with occasional surf-
cast wrack supporting small invertebrates, and close proximity to 
tidally influenced estuarine mud flats.
    Beach accretion since 1998 has greatly improved habitat conditions, 
resulting in this beach becoming a primary nesting area in the State. 
From 1998 to 2005, an average of 18 plovers nested annually at Midway, 
and from 2003 to 2006, between 23 and 28 Pacific Coast WSPs nested at 
Midway Beach.
    Primary threats at this subunit that may require special management 
include motorized vehicle use on the beaches and human activity. The 
recent closure of the Midway Beach Access Road due to safety concerns, 
e.g., vehicles getting stuck in deep sand, has reduced impacts in the 
nesting area, but may not be permanent. Therefore, the physical and 
biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats associated with human-related recreation 
and other activities. Developing and enforcing regulations to address 
the recreation issues may be needed. Management to remove and control 
beach grass will prevent further spread of nonnative vegetation, 
thereby maintaining and expanding the elements of essential physical 
and biological features identified above.
    WA 3B, Shoalwater (Graveyard Spit), 1,121 ac (454 ha):
    This unit is located in Pacific County at Shoalwater Beach 
(Graveyard Spit), which is an extension of Midway Beach, and extends 
south into the entrance of Willapa Bay. The unit starts at a narrow 
strip of beach adjacent to State Route 105, continuing in a 
southwesterly direction to the Community of Tokeland. The landward 
extent of the Graveyard Beach addition is State Route 105, and the sea-
ward extent of the unit is the Pacific Ocean's water's edge.
    This subunit was occupied at the time of listing, is currently 
occupied and includes the recently discovered nesting area at Graveyard 
Spit (since 2006). The State recovery plan for the WSP (WDFW 1995) 
defines the geographic area from Grayland Beach State Park south to 
Toke Point as ``South Beach.'' Based on documented sightings and 
records of WSP use for the South Beach geographic area (WDFW 1995, 
Appendix C), Shoalwater Beach/Graveyard Spit was occupied at the time 
of listing and is a known or presumed historical nesting area (WDFW 
1995, Figure 2, p. 3). Pacific Coast WSPs have nested successfully at 
Shoalwater/Graveyard Spit for several years. Although fledging success 
is relatively high at this location, plover use of the Shoalwater/
Graveyard Spit area is sporadic.
    The subunit includes the following features essential to the 
conservation of the species: Large areas of sand dune habitat that is 
relatively undisturbed; areas of sandy beach above and below the high-
tide line with occasional surf-cast wrack supporting small 
invertebrates; and close proximity to tidally influenced estuarine mud 
flats. Special management that may be required includes management of 
human-related activities to reduce disturbance to breeding Pacific 
Coast WSPs, and maintenance of the physical and biological features 
within the subunit.
    Based on interpretation of aerial imagery, the Cape Shoalwater area 
has experienced extensive erosion over the past 15 years. A nearly 0.3 
mi-wide (0.5 km-wide) by 1.5 mi-long (2.4 km-long) section of the 
coastline, including roads and residences, has been reclaimed by the 
ocean, resulting in the accretion of Midway Beach. The accretion of 
beach improves elements of essential physical and biological features. 
The county ownership layer for this subunit is ambiguous and could not 
be used for precise acreage calculations, however it is estimated that 
approximately 280 ac (113 ha) of the subunit are in private ownership, 
336 ac (136 ha) are managed by the Shoalwater Bay Tribe, and the rest 
of the area is managed by the State of Washington (505 ac (204 ha).
    WA 4A, Leadbetter Spit, 2,463 ac (997 ha):
    The Leadbetter Spit subunit is located in Pacific County at the 
northern tip of the Long Beach Peninsula; a 26-mi-long (42 km-long) 
spit that defines the west side of Willapa Bay and extends down to the 
mouth of the Columbia River. The subunit is located just north of the 
community of Ocean Park and includes Leadbetter Point State Park (SP) 
and the Willapa National Wildlife Refuge (NWR) at the northern end of 
the spit. The main portion of this subunit is on the ocean side, and 
includes the coastal beaches from the tip of the peninsula, and the 
habitat restoration area down to Oysterville Road, approximately 1.8 mi 
(3 km) south of Leadbetter Point SP. The subunit includes approximately 
8 mi (13 km) of coastal beaches and sheltered bays. The vast majority 
of the subunit is on lands that are managed by the Willapa NWR (2,026 
ac (820 ha)). The remaining beaches (437 ac (177 ha)) are managed by 
the Washington State Parks and Recreation Commission. The State 
jurisdiction on the Long Beach Peninsula extends well up into the 
foredunes.
    Leadbetter Spit was occupied at the time of listing, is currently 
occupied, and is the largest subunit in Washington. Approximately 25 to 
30 Pacific Coast WSPs nest and overwinter on the spit annually, with 
most of the nesting occurring in the snowy plover habitat restoration 
area within the Willapa NWR. Between 10 and more than 40 breeding 
adults were recorded between 2005 and 2009 (WDFW 2009, p. 12). A few 
pairs nest along the ocean beaches and on State Park lands just south 
of the Willapa NWR. The 2007 Recovery Plan lists a management goal of 
30 breeding adults for this subunit (Service 2007, Appendix B).
    The subunit includes the following features essential to the 
conservation of the species: Relatively undisturbed sandy beaches above 
and below the high-tide line and sparsely vegetated dunes for nesting, 
as well as miles of coastal wrackline supporting small invertebrates; 
and close proximity to tidally influenced estuarine mud flats 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.
    European beach grass threatens the habitat quality of the subunit. 
Special management that may be needed includes restoration and 
maintenance of degraded habitat to ensure the reinfestation of 
nonnative vegetation does not occur. Doing so will ensure that elements 
of essential physical and biological features within this subunit 
remain intact.
    WA 4B, Gunpowder Sands Island, 904 ac (366 ha):
    The subunit includes Gunpowder Sands Island just off the northern 
tip of the Long Beach Peninsula. The island is Federally owned and is 
administered by the Willapa NWR.
    Because the island is only accessible by boat, breeding surveys for 
Pacific Coast WSP at this location are sporadic. It is unknown if this 
Gunpowder Sands Island was occupied at the time the Pacific Coast WSP 
was listed in 1993, but two successful nests and one failed nest were 
documented on the island in

[[Page 16063]]

1995 (WDFW heritage data). Although nesting has not been recently 
confirmed for this area, we consider this unit essential for the 
conservation of the species because it provides a safe nesting, resting 
and foraging area free of human disturbance and connectivity between 
two currently occupied areas. We consider that it is important for the 
species' use, based on the proximity of the site to the occupied 
nesting area on Leadbetter Spit, and on fluctuating habitat and 
resource availability.
    Gunpowder Sands Island also has physical and biological features 
essential to the conservation of the species: Relatively undisturbed 
sandy beaches above and below the high-tide line, sparsely vegetated 
dunes for nesting, and coastal wrackline supporting small 
invertebrates. The island is periodically overwashed during winter 
storms, resulting in dry sand and beach habitat with little or no 
vegetation.
    Primary threats to essential physical and biological features that 
may require special management include the State's management of the 
spring razor clam season, which opens beaches to motorized vehicle and 
provides access into Pacific Coast WSP nesting areas that normally 
receive limited human use. Beaches south of the Willapa NWR are open to 
public use. The State Parks and Recreation Commission posts areas where 
plovers nest, has increased enforcement of the wet sand driving 
regulations, and is conducting habitat restoration on State Park lands. 
Controlling human-related activities will ensure that disturbance 
remains minimal.
Oregon
    OR 1, Columbia River Spit, 169 ac (69 ha):
    This unit is on the northwestern coast of Clatsop County, about 9 
mi (15 km) northwest of the City of Astoria. It is bounded by the 
Columbia River south jetty and the Pacific Ocean to the west. The mouth 
of the Columbia River constitutes the northern and eastern boundaries, 
and Fort Stevens State Park lies along the unit's southern edge. The 
Columbia River Spit is managed by the U.S. Army Corps of Engineers 
(USACE), but is under lease to the Oregon Parks and Recreation 
Department (OPRD) as part of Fort Stevens State Park. Inland, the beach 
is overgrown with shore pine (Pinus contorta), European beach grass, 
and some alder (Alnus spp). Sea-level rise and overwashing of this area 
during the winter months is anticipated to result in vegetation removal 
and the creation of additional habitat for Pacific Coast WSP.
    Pacific Coast WSPs were observed breeding on Clatsop Spit in 1965. 
Throughout the 1980s, they were observed nesting on ocean beaches 
directly south of the spit to the City of Gearhart. Winter use has been 
confirmed for this area as recently as 2008. We consider this unit 
essential for the conservation of the species because it provides 
connectivity between two currently occupied areas, dispersal habitat 
between units, and habitat for resting and foraging. We consider that 
it is likely occupied at times, based on the fluctuating use of areas 
by the species as a response to habitat and resource availability. The 
unit is comprised of a wide sand spit adjacent to mud flats and an 
estuary and provides habitat for foraging and resting and would 
facilitate interchange between otherwise widely separated units.
    OR 2, Necanicum River Spit, 211 ac (85 ha):
    This unit is on the western coast of Clatsop County, adjacent to 
the City of Gearhart, and less than 1 mi (2 km) north of the City of 
Seaside. It is bounded by the Necanicum River estuary on the south, 
City of Gearhart to the north and east, and the Pacific Ocean to the 
west. The mouth of the river changes periodically. The northern inland 
portion of the unit is overgrown with European beach grass; sea-level 
rise and overwashing of this area during the winter months is 
anticipated to result in vegetation removal and the creation of 
additional Pacific Coast WSP breeding habitat.
    This unit was not considered occupied at the time the Pacific Coast 
WSP was listed in 1993. Two breeding Pacific Coast WSPs were documented 
in this unit in 2002 (Service unpublished data). Although the unit is 
not confirmed to be currently occupied, we consider this unit essential 
for the conservation of the species because it provides connectivity 
between occupied areas, dispersal habitat between units, and habitat 
for resting and foraging. This unit consists of 161 State-owned ac (65 
ha) and 50 city-owned ac (20 ha). The OPRD is the primary land manager.
    The unit is characteristic of a dune-backed beach adjacent to mud 
flats and an estuary. This unit includes wide sand spits or overwashes 
relatively undisturbed by tidal activity and sparsely vegetated; areas 
of sandy beach above and below the high-tide line with occasional surf-
cast wrack supporting small invertebrates; and close proximity to 
tidally influenced estuarine mud flats.
    OR 3, Nehalem River Spit, 299 ac (121 ha):
    This unit is on the northwestern coast of Tillamook County, next to 
the City of Manzanita and about 15 mi (24 km) northwest of the City of 
Tillamook. It is bounded by Nehalem Bay on the east, the southern 
boundary of the Nehalem Bay State Park campground to the north, and the 
Nehalem River south jetty to the south. The Pacific Ocean forms the 
western boundary. The southern portion of the unit extends behind a 
relatively low foredune into an area overgrown with European beach 
grass; sea-level rise and overwashing of this area during the winter 
months is anticipated to result in vegetation removal and creation of 
additional Pacific Coast WSP breeding habitat.
    This unit was not considered occupied at the time the Pacific Coast 
WSP was listed in 1993. One breeding Pacific Coast WSP was documented 
in this unit in 1984 (ODFW in litt. 1995, Appendix, Table 2), 
therefore, the unit is a historical breeding site within the species' 
range. Winter use was documented as recently as 2009. Although nesting 
has not been recently confirmed for this area, we consider this unit 
essential for the conservation of the species because it provides 
connectivity between two currently occupied areas, dispersal habitat 
between units, and habitat for resting and foraging. We consider that 
it is likely occupied at times, based on record of past use and the 
fluctuating use of areas by the species as a response to habitat and 
resource availability. This unit provides habitat to support breeding 
plovers and would facilitate interchange between otherwise widely 
separated units and helps provide habitat within Recovery Unit 1 in 
Oregon and Washington. The unit consists of 299 State-owned ac (121 ha) 
and is managed by the OPRD as part of the Nehalem Bay State Park.
    The unit is representative 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 overwash area relatively undisturbed by human or tidal activity and 
sparsely vegetated; areas of sandy beach above and below the high-tide 
line with occasional surf-cast wrack supporting small invertebrates; 
and close proximity to tidally influenced estuarine mud flats.
    OR 4, Bayocean Spit, 367 ac (148 ha):
    This unit is on the western coast of Tillamook County, and about 9 
mi (15 km) northwest of the City of Tillamook. It is bounded by 
Tillamook Bay on the east, the Tillamook Bay South Jetty to the north, 
the northern boundary of Bayocean Peninsula County Park 1.4 mi (2.3 km) 
to the south, and the Pacific

[[Page 16064]]

Ocean to the west. Approximately 279 ac (113 ha) are Federally owned, 
and 88 ac (36 ha) are owned by local governments or private parties. 
The northern half of the unit extends behind a relatively low foredune. 
Sea-level rise and overwashing of this area during the winter months is 
anticipated to result in vegetation removal and creation of additional 
Pacific Coast WSP breeding habitat.
    This unit was occupied at the time of listing, and is likely 
currently occupied. Two Pacific Coast WSPs were documented in 1993 and 
six plovers in 1995 in this unit during the breeding season (ODFW in 
litt. 1995, Appendix, Table 2). Prior to 2001, winter use of the area 
by plovers was documented consistently. Recent records indicate use by 
wintering plovers in 2007 and 2008. Although nesting has not been 
recently confirmed for this area, we consider that it is likely 
occupied at times, and is needed by the species for use in response to 
fluctuating habitat and resource availability. This unit provides 
habitat to support breeding plovers, facilitates interchange between 
otherwise widely separated units under intensive management, and helps 
provide habitat within Recovery Unit 1 in Oregon and Washington.
    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: Large areas of 
sandy dune relatively undisturbed by tidal activity; areas of sandy 
beach above and below the high-tide line with occasional surf-cast 
wrack supporting small invertebrates; and close proximity to tidally 
influenced estuarine mud flats.
    Primary threats to essential physical and biological features that 
may require special management in this unit are introduced European 
beach grass that encroaches on the available nesting and foraging 
habitat; disturbance from humans, pets, and horses in important 
foraging and nesting areas; and predators.
    OR 5, Netarts Spit, 541 ac (219 ha):
    The unit is on the western coast of Tillamook County, about 5.5 mi 
(9 km) southwest of the City of Tillamook. It is bounded by Netarts Bay 
to the east and the north, Cape Lookout State Park campground 2.6 mi to 
the south, and the Pacific Ocean to the west. The unit extends behind a 
low foredune with a large expanse of European beach grass. Sea-level 
rise and overwashing of this area during the winter months is 
anticipated to result in vegetation removal and creation of additional 
Pacific Coast WSP breeding habitat.
    This unit was not considered occupied at the time the Pacific Coast 
WSP was listed in 1993; however, three breeding Pacific Coast WSPs were 
documented in this unit in 1982 (ODFW in litt. 1995, Appendix, Table 
2). Although nesting and wintering have not been recently confirmed for 
this area, we consider this unit essential for the conservation of the 
species because it provides connectivity between two currently occupied 
areas, dispersal habitat between units, and habitat for resting and 
foraging. It is needed by the species for use in response to 
fluctuating habitat and resource availability. This unit provides 
habitat to support breeding plovers, facilitates interchange between 
otherwise widely separated units under intensive management, and helps 
provide habitat within Recovery Unit 1 in Oregon and Washington. The 
unit consists of 541 State-owned ac (219 ha) managed by OPRD as Cape 
Lookout State Park.
    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 
overwashes and large areas of sandy dune relatively undisturbed by 
tidal activity and sparsely vegetated; areas of sandy beach above and 
below the high-tide line with occasional surf-cast wrack supporting 
small invertebrates; and close proximity to tidally influenced mud 
flats.
    OR 6, Sand Lake South, 200 ac (81 ha):
    This unit is on the southwestern coast of Tillamook County, about 
4.5 mi (7 km) north of Pacific City. It is bounded by Sand Lake estuary 
to the north and east, the northern limit of development in the town of 
Tierra Del Mar to the 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. The mouth of the lake changes 
periodically. The unit extends into a small upland portion of the spit. 
Sea-level rise and overwashing of this area during the winter months is 
anticipated to result in vegetation removal and the creation of 
additional Pacific Coast WSP breeding habitat.
    This unit was not considered occupied at the time the Pacific Coast 
WSP was listed in 1993. However, four snowy plovers were observed 
during the breeding season at Sand Lake in 1986 (ODFW, in litt. 1995, 
Appendix, Table 2). Although nesting and wintering has not been 
recently confirmed for this area, the unit is a historical breeding 
site within the species' range, and we consider this unit essential for 
the conservation of the species because it provides connectivity 
between two currently occupied areas, dispersal habitat between units, 
and habitat for resting and foraging. We consider the area is needed by 
the species for use in response to fluctuating habitat and resource 
availability. This unit provides habitat to support breeding plovers, 
facilitates interchange between otherwise widely separated units under 
intensive management, and helps provide habitat within Recovery Unit 1 
in Oregon and Washington. The unit consists of 200 privately owned ac 
(81 ha).
    The unit includes the following features essential to the 
conservation of the species: Wide sand spits or overwashes and sparsely 
vegetated areas of sandy dune relatively undisturbed by tidal activity; 
areas of sandy beach above and below the high-tide line with occasional 
surf-cast wrack supporting small invertebrates; and close proximity to 
tidally influenced mud flats.
    OR 7, Sutton/Baker Beaches, 372 ac (151 ha):
    This unit is on the western coast of Lane County, about 5 mi (8 km) 
north of the City of Florence. It is bounded by Sutton Creek to the 
south, Heceta Head to the north, the Oregon Dunes National Recreation 
Area (NRA) to the east, and the Pacific Ocean to the west.
    This unit was occupied at the time of listing and is currently 
occupied. The most recently documented Pacific Coast WSPs for this unit 
include four breeding plovers in 2007 (Lauten et al. 2007, p. 5). We 
have determined that the unit contains the physical and biological 
features essential to the conservation of the species which may require 
special management considerations or protection. This unit provides 
habitat to support breeding plovers and would facilitate interchange 
between otherwise widely separated units under intensive management. 
The unit consists of 372 Federally owned ac (151 ha) managed by the 
U.S. Forest Service's (USFS) Siuslaw National Forest. The unit extends 
behind a relatively low foredune in several places into areas overgrown 
with beach grass. Sea-level rise and overwashing of these areas during 
the winter months is anticipated to result in vegetation removal and 
the creation of additional plover breeding habitat.
    The unit is characteristic of a dune-backed beach and wide sand 
spits with overwash areas and contains an interdune flat created 
through habitat restoration. It includes the following features 
essential to the conservation of the species: Large areas of sandy 
dunes or overwashes relatively undisturbed by

[[Page 16065]]

tidal activity and areas of sandy beach above and below the high-tide 
line with occasional surf-cast wrack supporting small invertebrates.
    Primary threats to essential physical and biological features that 
may require special management in this unit are introduced European 
beach grass that encroaches on the available nesting and foraging 
habitat; disturbance from humans, pets, and horses in important 
foraging and nesting areas; and predators.
    OR 8A, Siltcoos Breach, 15 ac (6 ha):
    This subunit is on the southwestern coast of Lane County, about 7 
mi (11 km) southwest of the City of Florence. It is an important 
wintering area that includes a large opening in the foredune 1.2 mi (2 
km) north of the Siltcoos River. The southern boundary is located 0.6 
mi (1 km) north of the Siltcoos River, with the Oregon Dunes NRA to the 
east and the Pacific Ocean to the west. The subunit consists of 15 
Federally owned ac (6 ha) managed by the USFS as the Oregon Dunes NRA 
in the Siuslaw National Forest.
    This subunit was occupied at the time of listing and is currently 
occupied with recently documented wintering Pacific Coast WSPs in 2005, 
2006, and 2007, and 2010 (Service unpublished data). As many as 59 
plovers were documented during the winter of 2005 (C. Burns, pers. 
comm. 2006) and 26, 36, and 24 in 2006, 2007 and 2010 respectively 
(Service unpublished data).
    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: 
sparsely vegetated areas of sandy dune relatively undisturbed by tidal 
activity; areas of sandy beach above and below the high-tide line with 
occasional surf-cast wrack supporting small invertebrates; and close 
proximity to tidally influenced freshwater areas.
    Primary threats to essential physical and biological features that 
may require special management in this subunit are introduced European 
beach grass that encroaches on the available roosting habitat, 
disturbance from vehicles, and predators.
    OR 8B, Siltcoos River Spit, 241 ac (97 ha):
    This subunit is on the southwestern coast of Lane County, about 7 
mi (11 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 Wax Myrtle Trail and campground to the east, and Pacific Ocean to 
the west.
    This subunit was occupied at the time of listing and is currently 
occupied. Most recently documented Pacific Coast WSPs for this subunit 
include 24 breeding plovers in 2009 (Lauten et al. 2009, p. 26). 
Subunit OR 8B consists of 241 Federally owned ac (97 ha) managed by the 
USFS as the Oregon Dunes NRA in the Siuslaw National Forest.
    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 overwashes and sparsely vegetated areas of sandy dune 
relatively undisturbed by tidal activity; areas of sandy beach above 
and below the high-tide line with occasional surf-cast wrack supporting 
small invertebrates; and close proximity to tidally influenced 
freshwater areas.
    Primary threats to essential physical and biological features that 
may require special management in this subunit are introduced European 
beach grass that encroaches on the available nesting and foraging 
habitat; disturbance from humans, pets, and OHVs in important foraging 
and nesting areas; and predators such as the American crow and common 
raven.
    OR 8C, Dunes Overlook/Tahkenitch Creek Spit, 716 ac (290 ha):
    This subunit is primarily in Douglas County, about 9 mi (15 km) 
southwest of the City of Florence. The southern boundary of the unit is 
about 5.3 mi (9 km) northwest of the City of Reedsport. It is bounded 
by the subunit 8A to the north, an OHV open ride area (part of the 
Oregon Dunes NRA) to the south, Oregon Dunes NRA to the east, and the 
Pacific Ocean to the west.
    This subunit was occupied at the time of listing and is currently 
occupied. Documented Pacific Coast WSPs for this subunit include 12 
breeding plovers in 2009 (Lauten et al. 2009, p. 26). Subunit OR 8C 
consists of 716 Federally managed ac (290 ha) managed by the USFS as 
the Oregon Dunes NRA in the Siuslaw National Forest.
    The subunit is characteristic of a dune-backed beach and sand spit 
in close proximity to a tidally influenced river mouth and contains 
interdune flats created through habitat restoration. It includes the 
following features essential to the conservation of the species: wide 
sand spits or overwashes and sparsely vegetated areas of sandy dune 
relatively undisturbed by tidal activity; areas of sandy beach above 
and below the high-tide line with occasional surf-cast wrack supporting 
small invertebrates; and close proximity to tidally influenced 
freshwater areas.
    Primary threats to essential physical and biological features that 
may require special management in this subunit are introduced European 
beach grass that encroaches on the available nesting and foraging 
habitat; disturbance from humans, pets, and vehicles in important 
foraging and nesting areas; and predators.
    OR 8D, North Umpqua River Spit, 236 ac (95 ha):
    This subunit is on the western coast of Douglas County, about 4 mi 
(5 km) west of the City of Reedsport. It is bounded by the Umpqua River 
North Jetty to the south, Oregon Dunes NRA land to the north and east, 
and the Pacific Ocean to the west. The subunit consists of 151 ac (61 
ha) of Federally owned land and 85 ac (34 ha) of State-owned land. The 
primary land manager is the USFS for the Oregon Dunes NRA.
    Nesting Pacific Coast WSPs were documented in this unit in the 
1980s. The last documented winter use of this area was in 1993. 
Although use of the area has not been recently documented, it contains 
features essential to the conservation of the species and is needed by 
the species for use in response to fluctuating habitat and resource 
availability. The subunit is located adjacent to currently occupied 
areas and provides dispersal habitat between units. The subunit also 
contains physical and biological features essential to the conservation 
of the species which may require special management considerations or 
protection. The subunit is characteristic of a dune-backed beach and 
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).
    Threats to essential physical and biological features that may 
require special management in this subunit are introduced European 
beach grass that encroaches on the available nesting and foraging 
habitat; disturbance from vehicles in important foraging and nesting 
areas; and predators.
    OR 9, Tenmile Creek Spit, 244 ac (99 ha):
    This unit is on the northwestern coast of Coos County, about 11 mi 
(18 km) southwest of the City of Reedsport. It includes the sand spits 
and beaches to the north and south of the Tenmile River. The unit is 
bounded to the north, east, and south by OHV riding areas, part of the 
Oregon Dunes (NRA), and by the Pacific Ocean to the west.
    This unit was occupied at the time of listing and is currently 
occupied. Documented Pacific Coast WSPs for this unit include 23 
breeding plovers in 2009 (Lauten et al. 2009, p. 26). Unit OR

[[Page 16066]]

9 consists of 244 Federally owned ac (99 ha) managed as the Oregon 
Dunes NRA by the USFS.
    The unit 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 overwashes and sparsely vegetated areas of 
sandy dune relatively undisturbed by tidal activity; areas of sandy 
beach above and below the high-tide line with occasional surf-cast 
wrack supporting small invertebrates; and close proximity to tidally 
influenced freshwater areas.
    Primary threats to essential physical and biological features that 
may require special management in this subunit are introduced European 
beach grass that encroaches on the available nesting and foraging 
habitat; disturbance from humans and pets in important foraging and 
nesting areas; and predators.
    OR 10, Coos Bay North Spit, 308 ac (125 ha):
    This unit is on the western coast of Coos County, about 3 mi (5 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, an OHV riding area to the north, 
and the Pacific Ocean to the west.
    This unit was occupied at the time of listing and is currently 
occupied. Documented Pacific Coast WSPs for this unit include 45 
breeding plovers in 2009 (Lauten et al. 2009, p. 26). The unit consists 
of 308 Federally owned ac (125 ha) primarily managed by the U.S. Bureau 
of Land Management (BLM).
    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: Expansive, sparsely vegetated 
interdune flats; areas of sandy beach above and below the high-tide 
line with occasional surf-cast wrack supporting small invertebrates; 
and close proximity to tidally influenced estuarine areas.
    Threats to essential physical and biological features that may 
require special management in this unit are introduced European beach 
grass that encroaches on the available nesting and foraging habitat; 
disturbance from humans, pets, and vehicles in important foraging and 
nesting areas; and predators.
    OR 11, Bandon to New River, 1,016 ac (411 ha):
    This unit is on the southwestern coast of Coos County, about 3 mi 
(5 km) south of the City of Bandon. It is bounded by China Creek to the 
north, the New River to the east, north of the Floras Creek outlet to 
the south, and the Pacific Ocean to the west. The unit encompasses all 
of New River Spit and extends behind a relatively low foredune north of 
Floras Creek. Sea-level rise and overwashing of these areas during the 
winter months is anticipated to result in vegetation removal and the 
creation of additional Pacific Coast WSP breeding habitat.
    This unit was occupied at the time of listing and is currently 
occupied. Documented Pacific Coast WSPs for this unit include 49 
breeding plovers in 2009 (Lauten et al. 2009, p. 26). The unit consists 
of 459 ac (186 ha) of Federally owned land, 267 ac (108 ha) of State-
owned land, 290 ac (117 ha) of county and private land. The BLM and 
OPRD are the unit's primary land managers.
    The subunit is characteristic of a dune-backed beach and barrier 
spit and contains interdune flats created through habitat restoration. 
It includes the following features essential to the conservation of the 
species: Wide sand spits or overwashes and sparsely vegetated areas of 
sandy dune relatively undisturbed by tidal activity; areas of sandy 
beach above and below the high-tide line with occasional surf-cast 
wrack supporting small invertebrates; and close proximity to tidally 
influenced freshwater areas.
    Threats to essential physical and biological features that may 
require special management in this unit are introduced European beach 
grass that encroaches on the available nesting and foraging habitat; 
disturbance from humans, pets, horses, and vehicles in important 
foraging and nesting areas; and predators.
    OR 12, Elk River Spit, 167 ac (68 ha):
    This unit is on the northwestern coast of Curry County, about 4 mi 
(6 km) northwest of the City of Port Orford and 2.3 mi (4 km) southeast 
of Cape Blanco. It is bounded by the Elk River to the east and north, 
private land to the south, and the Pacific Ocean to the west. Unit OR 
12 consists of 167 privately owned ac (68 ha).
    There are no documented occurrences of Pacific Coast WSPs for this 
unit. Since this unit is largely on private land, it was not surveyed 
prior to listing of the Pacific Coast WSP. As a consequence, its 
occupancy at the time of listing is unknown. However, we have 
determined that this unit is essential for the conservation of the 
Pacific Coast WSP because it provides habitat to support breeding or 
wintering plovers and would facilitate interchange between otherwise 
widely separated units under intensive management (see Criteria Used to 
Identify Critical Habitat section for a detailed discussion). The 
Recovery Plan identifies this area as a Recovery Site (OR-17) (Service 
2007, Appendix B) that could support four breeding birds as it includes 
a dune-backed beach and wide sand spits or overwashes with sparsely 
vegetated areas of undisturbed sandy dunes.
    OR 13, Euchre Creek Spit, 116 ac (47 ha):
    This unit is on the western coast of Curry County, approximately 10 
mi (6 km) north of the City of Gold Beach. It includes the sand spits 
to the north and south of the Euchre Creek and is bounded by the 
Pacific Ocean to the west. The unit consists of 116 privately owned ac 
(47 ha).
    The unit extends into low-elevation areas on the north and south 
side of Euchre Creek. Sea-level rise and overwashing of these areas 
during the winter months is anticipated to result in vegetation removal 
and the creation of additional Pacific Coast WSP breeding habitat.
    Although this area was not considered occupied at the time the 
Pacific Coast WSP was listed in 1993, this beach is a historical 
nesting site. The most recently documented Pacific Coast WSP in the 
area was one wintering plover in 1989 (ODFW in litt. 1994, Appendix, 
Table 3). Although nesting and wintering has not been recently 
confirmed for this area, we consider this unit essential for the 
conservation of the species because it provides connectivity between 
two currently occupied areas, dispersal habitat between units, and 
habitat for resting and foraging. We consider the area is needed by the 
species for use in response to fluctuating habitat and resource 
availability. This unit provides habitat to support breeding plovers 
and would facilitate interchange between otherwise widely separated 
units and helps provide habitat within Recovery Unit 1 in Oregon and 
Washington.
    The unit is characteristic of a dune-backed beach and sand spit in 
close proximity to a tidally influenced river mouth and includes wide 
sand spits or overwashes and sparsely vegetated areas of sandy dune 
relatively undisturbed by tidal activity; areas of sandy beach above 
and below the high-tide line with occasional surf-cast wrack supporting 
small invertebrates; and close proximity to tidally influenced 
freshwater areas.
California
    CA 1, Lake Earl; 74 ac (30 ha):
    This unit is located directly west of the Lake Earl/Lake Tolowa 
lagoon system in Del Norte County about 4 mi (7 km) north of Crescent 
City. The Lake Earl Lagoon spit is approximately 3 mi (5 km) in length, 
encompasses approximately 74 ac (30 ha), and lies approximately 2 mi (3 
km) north of

[[Page 16067]]

Point Saint George and the McNamara Airfield.
    This unit was occupied at the time of listing and is currently 
occupied. This unit is a historical breeding site (Yocom and Harris 
1975, p. 30), and has harbored a small population of wintering Pacific 
Coast WSP in recent years (Service unpublished data). This unit is 
capable of supporting 10 breeding plovers with adaptive management 
(Service 2007, Appendix B). Although 22 ac (9 ha) are State-owned, all 
74 ac (24 ha) are managed by the State under the jurisdiction of the 
California Department of Fish and Game (CDFG), and California 
Department of Parks and Recreation (CDPR).
    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 wash-over area at the lagoon mouth.
    Threats to the species requiring special management include the 
following: degradation of the sand dune system due to encroachment of 
European beach grass; destruction of habitat and loss of wintering and 
nesting plovers from OHV use; and destruction of habitat from annual 
mechanical breaching (as authorized by the U.S. Army Corps of Engineers 
(USACE)) of the spit between the Lake Earl/Lake Tolowa Lagoon and the 
Pacific Ocean. Monitoring indicates that the practice of breaching has 
only temporary, short-term effects to wintering Pacific Coast WSPs 
(Service unpublished data).
    CA 2, Gold Bluffs Beach, 144 ac (58 ha):
    This unit is located in Humboldt County about 5 mi (6 km) north of 
the Town of Orick within Prairie Creek State Park (north of Gold Bluffs 
Beach campground), and is managed cooperatively with Redwood National 
Park, collectively known as Redwood National and State Parks (RNSP). 
This unit was occupied at the time of listing, is currently occupied, 
incorporates the primary use area of a pair of Pacific Coast WSPs that 
nested in Prairie Creek State Park during the summer of 2005, and is 
commonly used by wintering plovers.
    Although not considered a main breeding location, unit CA 2 
provides a fairly undisturbed location for breeding Pacific Coast WSP 
that lose nests to predation or other causes at various nest sites, and 
could offset habitat loss as sea-level rise prevents nesting at sites 
currently being used by plovers. One chick was fledged from the unit 
during 2004. Up to five Pacific Coast WSPs were observed within the 
unit in March 2007. The unit's primary value is as a wintering site 
(Service 2007, Appendix B). The site is often used as wintering habitat 
on an irregular basis (Service unpublished data). The RNSP are actively 
managing the area for Pacific Coast WSP.
    The northeast portion of the unit is currently vegetated with 
European beach grass, and is, therefore, currently unsuitable for 
nesting. However, with restoration, that portion of the unit would be 
considered suitable nesting habitat. We include that portion of the 
unit to help offset the anticipated effects of sea-level rise over time 
and thus have determined it is essential for conservation of the 
species so as to provide replacement habitat for habitat that may be 
lost. RNSP have restored beach habitat by removing nonnative vegetation 
on other portions of Gold Bluffs Beach. We anticipate similar 
restoration within the proposed unit to occur sometime in the future.
    The unit contains the following features essential to the 
conservation of the Pacific Coast WSP: low-lying sandy dunes; open 
sandy areas that are relatively undisturbed by humans; and sandy beach 
above and below the high-tide line that supports small invertebrates.
    Threats to essential physical and biological features that may 
require special management include human-related use from recreation 
and OHV use associated with commercial fishing. Most visitor use in the 
area is in Fern Canyon, which is to the east of the unit and outside of 
suitable Pacific Coast WSP habitat. Visitation is light relative to 
other State and National Parks within the Pacific Coast WSP's range. 
Limited vehicle use of the beach is allowed for commercial and Tribal 
fishing, and park administrative use.
    CA 3A, Stone Lagoon, 52 ac, (21 ha):
    This subunit is approximately 0.9 mi (1.5 km) in length, and is 
located on the Stone Lagoon spit. Stone Lagoon borders the subunit on 
the east, and the Pacific Ocean makes up the subunit's western edge. 
Subunit CA 3A is located in Humboldt County, approximately 3 mi (5 km) 
south of the Town of Orick. It is entirely State-owned.
    The subunit was occupied at the time of listing and is currently 
occupied. Nesting has recently occurred within the subunit. In 2009 a 
single nest hatched three chicks, all of which fledged (Colwell, et al. 
2009, p. 9). The Recovery Plan estimates that up to 16 Pacific Coast 
WSPs can be supported within Unit CA 3; however, all are attributed to 
subunit CA 3B. Recent data indicates that the population management 
potential for subunit CA 3A is underestimated by the Recovery Plan 
(Service 2007, Appendix B), as it does contribute towards the 
reproductive success in northern California (Colwell et al. 2009, p. 9; 
Service unpublished data).
    The subunit contains the following features essential to the 
conservation of the Pacific Coast WSP: low-lying sandy dunes; open 
sandy areas that are relatively undisturbed by humans; and sandy beach 
above and below the high-tide line that supports small invertebrates. 
Special management may be needed to control nonnative vegetation and 
enforce existing regulations to ensure the physical or biological 
features are maintained within the subunit. With time, we anticipate 
that the entire subunit will be inundated with sea-level rise 
associated with climate change.
    CA 3B, Big Lagoon, 212 ac (86 ha):
    This subunit consists of a large sand spit that divides the Pacific 
Ocean from Big Lagoon. The northern extent of Big Lagoon Spit is 
located in Humboldt County and is approximately 6 mi (10 km) south of 
the Town of Orick. This subunit was occupied at the time of listing and 
is currently occupied. Big Lagoon Spit is historical nesting habitat 
(Page and Stenzel 1981, p. 9), and currently maintains a winter 
population of fewer than 10 Pacific Coast WSPs (Service unpublished 
data). Recent nesting occurred within the subunit during 2005, in which 
a single nest hatched and fledged three chicks. We estimate the subunit 
can support 16 breeding plovers (Service 2007, Appendix B). The subunit 
is located on the Big Lagoon Spit, which is approximately 4 mi (7 km) 
in length. Although only 174 ac (70 ha) are owned by the State, most of 
the subunit is managed by the CDPR. Approximately 0.6 ac (0.3 ha) are 
managed by Humboldt County.
    Essential features of the subunit that contribute towards the 
conservation of the Pacific Coast WSP include: low-lying sandy dunes 
and open sandy areas that are relatively undisturbed by humans; and 
sandy beach above and below the high-tide line that supports small 
invertebrates.
    CDPR has conducted habitat restoration at this unit through the 
hand-removal of nonnative vegetation. The primary threat to wintering 
and breeding Pacific Coast WSPs that may require special management is 
disturbance from humans and pets from walking through winter flocks and 
potential nesting areas. In addition, control of nonnative vegetation 
and enforcement of existing human-use

[[Page 16068]]

regulations are needed to ensure the physical or biological features 
are maintained within the subunit. With time, we anticipate that the 
entire subunit will be inundated with sea-level rise associated with 
climate change.
    CA 4A, Clam Beach/Little River, 194 ac (79 ha):
    The subunit is located in Humboldt County immediately east and 
north of the Town of McKinleyville. The Clam Beach/Little River 
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 subunit 
is approximately 2 mi (3 km). Approximately 79 ac (32 ha) are State 
owned.
    This subunit was occupied at the time of listing and is currently 
occupied. During 2003, the subunit supported a breeding population of 
approximately 12 Pacific Coast WSPs, and a winter population of up to 
55 plovers (Service unpublished data). This subunit is one of four 
primary nesting locations within northern California. Based on the 
Recovery Plan, we expect the subunit to be capable of supporting six 
pairs of breeding plovers (Service 2007, Appendix B).
    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.
    Primary threats to nests, chicks, and both wintering and breeding 
adult Pacific Coast WSPs that may require special management in this 
subunit are: nonnative vegetation, OHV use, predators, and disturbance 
caused by humans and pets. Special management is needed to control 
nonnative vegetation and enforcement of existing human-use regulations. 
With time, we anticipate that the lower portions of this subunit will 
be inundated with sea-level rise associated with climate change.
    CA 4B, Mad River Beach, 456 ac (184 ha):
    The subunit is located in Humboldt County immediately east of the 
Town of McKinleyville. This subunit was largely swept clean of European 
beach grass when the Mad River temporarily shifted north in the 1980s 
and 1990s. The Mad River Beach subunit is approximately 3 mi (5 km) 
long, and ranges from the U.S. Highway 101 Vista Point below the 
Arcata-Eureka Airport in the north, to School Road in the south. 
Approximately 152 ac (62 ha) are managed by the State, and the 
remaining 304 ac (123 ha) are owned and managed by Humboldt County, or 
are privately owned. This subunit was occupied at the time of listing 
and is currently occupied. We expect it to eventually support 12 
breeding Pacific Coast WSPs with proper management (Service 2007, 
Appendix B). The current breeding population is believed to be less 
than 5 plovers, although plovers from this subunit readily intermix 
with plovers in CA 4A and elsewhere (Colwell et al. 2009, p. 9; Service 
unpublished data). Occasional winter use by plovers has been 
intermittently documented, with most wintering within the adjacent 
critical habitat subunit to the north (Service unpublished data).
    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.
    Primary threats to nests, chicks, and both wintering and breeding 
adult Pacific Coast WSPs that may require special management are: 
nonnative vegetation, OHV use, and disturbance caused by equestrians 
(i.e., people riding horses) and humans with accompanying pets. Control 
of nonnative vegetation and enforcement of existing human-use 
regulations are needed to ensure the physical or biological features 
are maintained within the subunit. With time, we anticipate that the 
lower portions of this subunit will be inundated with sea-level rise 
associated with climate change.
    CA 5A, Humboldt Bay, South Spit Beach, 419 ac (170 ha):
    This subunit is located in Humboldt County adjacent to Humboldt 
Bay, less than 1 mi west of the City of Eureka, with the southern 
boundary being Table Bluff. Approximately 383 ac (155 ha) of the unit 
are owned by the CDFG, but are managed by BLM, 10.1 ac (4.1 ha) are 
owned and managed by Humboldt County, and 20.2 ac (8.2 ha) are owned by 
the USACE. The subunit is 5 mi (8 km) in total length.
    This subunit was occupied at the time of listing and is currently 
occupied. The Pacific Coast WSP wintering population within the subunit 
is estimated at fewer than 15 individuals. Three nests, from four 
breeders, were attempted within the subunit in 2003 (Service 
unpublished data). This subunit is capable of supporting 30 breeding 
plovers (Service 2007, Appendix B). The BLM has conducted habitat 
restoration within the subunit, in consultation with us.
    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.
    Primary threats to adult Pacific Coast WSPs, chicks, and nests that 
may require special management are: nonnative vegetation, OHV use, and 
disturbance from equestrians and humans with pets. Control of nonnative 
vegetation and enforcement of existing human-use regulations are needed 
to ensure the physical or biological features are maintained within the 
unit. With time, we anticipate that the lower portions of this unit 
will be inundated with sea-level rise associated with climate change.
    CA 5B, Eel River North Spit and Beach, 259 ac (105 ha):
    This subunit is located in Humboldt County about 4 mi (7 km) east 
of the Town of Loleta and 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 mi (7 km) long, and is managed by the CDFG, except for 7 ac (3 ha) 
of private land.
    This subunit was occupied at the time of listing and is currently 
occupied with a wintering population of Pacific Coast WSPs estimated at 
less than 20 (Service unpublished data). 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. 2009, p. 9). We 
expect this subunit to eventually support 20 breeding plovers with 
proper management (Service 2007, Appendix B).
    Essential features of the subunit include: Large areas of sandy, 
sparsely vegetated dunes for reproduction and normal behavior, and 
areas of sandy beach above and below the high-tide line supporting 
small invertebrates for foraging. Surf-cast organic debris is an 
important component of the habitat in this subunit, providing shelter 
from the wind both for nesting Pacific Coast WSPs and for invertebrate 
prey species.
    Threats to essential physical and biological features that may 
require special management include nonnative vegetation, predators, 
OHVs, and disturbance from equestrians and humans with pets. Control of 
nonnative vegetation and enforcement of existing human-use regulations 
are needed to ensure the physical or biological features are maintained 
within the subunit. With time, we anticipate that the lower portions of 
this subunit will be inundated with sea-level rise associated with 
climate change.

[[Page 16069]]

    CA 5C, Eel River South Spit and Beach, 339 ac (137 ha):
    This subunit, located in Humboldt County, encompasses the beach 
segment from the mouth of the Eel River, south to Centerville Road, 
approximately 4 mi (7 km) west of the City of Ferndale. The subunit is 
5 mi (8 km) long, 317 ac (128 ha) are managed by the State, and the 
remaining 22 ac (9 ha) are managed by Humboldt County or are privately 
owned.
    This subunit was occupied at the time of listing and is currently 
occupied and capable of supporting 20 breeding Pacific Coast WSPs. A 
single nest was found during the 2004 breeding season (Colwell et al. 
2004, p. 7). The winter population is estimated at under 80 plovers, 
many of which breed on the Eel River gravel bars (CA 5) (Service 
unpublished data).
    Essential physical and biological 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 for 
foraging. Threats to essential features that may require special 
management include nonnative vegetation, predators, OHVs, and 
disturbance from equestrians and humans with pets. Control of nonnative 
vegetation and enforcement of existing human-use regulations are needed 
to ensure the physical or biological features are maintained within the 
subunit. With time, we anticipate that the lower portions of this 
subunit will be inundated with sea-level rise associated with climate 
change.
    CA 6, Eel River Gravel Bars; 1,139 ac (461 ha):
    This unit, located in Humboldt County, is largely inundated during 
winter months due to high flows in the Eel River. The unit is 6.4 mi (8 
km) from the City of Fernbridge, and includes gravel bars between 
Fernbridge and 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 unit contains a total of 1,139 ac (461 ha), of 
which 176 ac (71 ha) are owned and managed by Humboldt County, 82 ac 
(33 ha) are under the jurisdiction of the California State Lands 
Commission, and 881 ac (357 ha) are privately owned.
    This unit was occupied at the time of listing and is currently 
occupied and capable of supporting 40 breeding Pacific Coast WSPs. 
Breeding window surveys have documented 22 breeding birds in this unit; 
however, those numbers have dropped off in recent years (Colwell et al. 
2009, p. 9; Service unpublished data).
    Essential features of this unit include bare, open gravel bars 
comprised of both sand and cobble, which support reproduction and 
foraging. This unit harbors the most important breeding habitat in 
California north of San Francisco Bay, having the highest fledging 
success rate of any area from Mendocino County to the Oregon border. 
Threats to essential physical and biological features that may require 
special management include predators, OHVs, disturbance from gravel 
mining, and humans with pets. Gravel mining is managed through a Clean 
Water Act permit issued by the USACE. Monitoring of the unit is needed 
to ensure mining activities and recreational activities do not reduce 
the suitability of the habitat by reducing important elements of 
essential physical and biological features.
    CA 7, MacKerricher Beach, 1,176 ac (476 ha):
    This unit is approximately 3.5 mi (5.6 km) long. The unit is just 
south of the Ten Mile River, and approximately 4 mi (6 km) north of the 
City of Fort Bragg located in Mendocino County. CDPR manages 
approximately 1,102 ac (446 ha), and 74 ac (30 ha) are private. CDPR 
has been conducting removal of European beach grass to improve habitat 
for the Pacific Coast WSP and other sensitive dune species within the 
unit. This unit was occupied at the time of listing and is currently 
occupied and is capable of supporting 20 breeding plovers (Service 
2007, Appendix B). The current breeding population is estimated at less 
than 10 (Colwell et al. 2009, p. 9). The winter population of plovers 
is under 45 (Service unpublished data).
    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.
    Threats to nests, chicks and both wintering and breeding adults 
that may require special management include nonnative vegetation, 
predators, and disturbance from equestrians and humans with pets. 
Control of nonnative vegetation and enforcement of existing human-use 
regulations are needed to ensure the physical or biological features 
are maintained within the unit. With time, we anticipate that the lower 
portions of this unit will be inundated with sea-level rise associated 
with climate change.
    CA 8, Manchester Beach, 482 ac (195 ha):
    The Manchester Beach unit is approximately 3.5 mi (6 km) long and 
located in Mendocino County about 1 mi (2 km) east of the Town of 
Manchester. The CDPR manages 402 ac (163 ha) of the unit, while the 
remaining 12 ac (5 ha) are private.
    This unit is currently occupied and provides an important wintering 
site for Pacific Coast WSPs in the region (Service 2007, Appendix B). 
In 2003, a pair of Pacific Coast WSPs nested within the unit, and 
successfully hatched two chicks. However, those chicks did not survive 
(Colwell et al. 2004, p. 7). The current wintering population is 
estimated at less than 20 (Service unpublished data). Although 
occupancy at the time of listing has not been confirmed, we consider 
this unit essential for the conservation of the species because it 
provides connectivity between two currently occupied areas, dispersal 
habitat between units, and provides habitat for resting and foraging. 
This unit provides habitat to support breeding plovers and would 
facilitate interchange between otherwise widely separated units and 
helps provide habitat within a Recovery Unit. 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.
    CA 9, Dillon Beach, 39 ac (16 ha):
    This unit is located at the mouth of Tomales Bay, in Marin County, 
just south of the Town of Dillon Beach. It stretches for about 0.7 mi 
(1 km) north from Sand Point. The unit was occupied at the time of 
listing, is currently occupied, and is an important wintering area for 
the species. Seventy-five wintering plovers were counted at this 
location during the January 2007 winter window survey (Service 2007, p. 
4). The unit does not extend as far north as did the unit proposed for 
Dillon Beach in 2004 (69 FR 75607, December 17, 2004) because 
subsequent site visits and discussions with local surveyors have 
established that Pacific Coast WSPs only rarely used the area north of 
the presently proposed unit. The unit is entirely on private land.
    Elements of essential physical and biological features 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.
    Potential threats to essential physical and biological features 
that may require special management include nonnative vegetation, 
predators, and disturbance by humans and their pets. Control of 
nonnative vegetation and enforcement of existing human-use regulations 
are needed to ensure the physical or biological features are maintained

[[Page 16070]]

within the unit. With time, we anticipate that the lower portions of 
this unit will be inundated with sea-level rise associated with climate 
change.
    CA 10A, Point Reyes Beach, 460 ac (186 ha):
    This subunit is located in Marin County to the west of the 
unincorporated Community of Inverness and 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. This unit was occupied at the time of 
listing and is currently occupied and supports both nesting and 
wintering Pacific Coast WSPs, and has the potential to support 50 
breeding birds with proper management (Service 2007, Appendix B).
    The Point Reyes Beach unit includes the following elements of 
physical and biological features essential to Pacific Coast WSP 
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.
    Threats in the area that may require special management include 
nonnative vegetation, disturbance by humans and pets, and predators 
(particularly ravens and crows). Control of nonnative vegetation and 
enforcement of existing human-use regulations are needed to ensure the 
physical or biological features are maintained within the subunit. With 
time, we anticipate that the lower portions of this subunit will be 
inundated with sea-level rise associated with climate change.
    CA 10B, Limantour Spit, 156 ac (63 ha):
    Limantour Spit is a roughly 2.25-mi (4-km) sand spit at the north 
end of Drake's Bay located in Marin County to the west of the 
unincorporated Community of Olema. The subunit includes the end of the 
spit, and narrows to include only the south-facing beach towards the 
base of the spit. It is completely within the Point Reyes National 
Seashore. This unit was occupied at the time of listing and is 
currently occupied and can support both nesting and wintering Pacific 
Coast WSPs, although nesting has not been documented since 2000 
(Stenzel in litt. 2004, p. 3; Service 2009, p. 3). Ninety-eight 
wintering plovers were counted at the site during the January 2007 
window survey (Service 2007, p. 4). The subunit is expected to 
contribute significantly to plover conservation in the region by 
providing habitat capable of supporting 10 nesting birds (Service 2007, 
Appendix B).
    Elements of essential physical and biological features at the 
subunit include sparsely vegetated beach sand, above and below high 
tide for nesting and foraging, and tide-cast debris supporting small 
invertebrates.
    Threats to essential physical and biological features that may 
require special management include nonnative vegetation, disturbance by 
humans and pets, and nest predators such as crows and ravens. Control 
of nonnative vegetation and enforcement of existing human-use 
regulations are needed to ensure the physical or biological features 
are maintained within the subunit. With time, we anticipate that the 
lower portions of this subunit will be inundated with sea-level rise 
associated with climate change.
    San Francisco Bay Units, (CA 11-CA 15) 1,892 ac (766 ha):
    Pacific Coast WSPs nesting along the shores of the San Francisco 
Bay typically do so on or near managed salt ponds, which were 
originally established, beginning in the mid-1800s, to support a solar 
salt industry (Service 2009, p. 11). Although some natural salt pans 
existed in the area prior to establishment of the industry, they have 
been modified to facilitate salt production, and no such natural pans 
remain (Service 2009, p. 9). The salt industry eventually converted 
over 27,000 ac (11,000 ha) of tidal marsh to managed salt pond, mostly 
in the South Bay, to the detriment of many species dependent on tidal 
marshlands, such as the California clapper rail (Rallus longirostrus 
obsoletus) and salt marsh harvest mouse (Reithrodontomys raviventris) 
(Service 2009, p. viii, 11). The Service is, therefore, working with 
the CDFG and the California State Coastal Conservancy (CSCC) to carry 
out the South Bay Salt Pond Restoration Project (SBSPRP), which will 
restore over 15,000 ac (6,070 ha) of salt ponds in the South Bay back 
to tidal marshland (SBSPRP 2010, p. 1). This restoration effort is 
closely coordinated with the Service's draft Recovery Plan for Tidal 
Marsh Ecosystems of Northern and Central California (Draft Tidal Marsh 
Recovery Plan; Service 2009). Because the restored areas will not 
provide suitable habitat for Pacific Coast WSPs, we are not proposing 
to designate areas in the South Bay that are either currently 
undergoing or soon to undergo restoration under the SBSPRP (SBSPRP 
2007, p. 1), or that are likely to undergo restoration in the future 
based on restoration maps in the draft Tidal Marsh Recovery Plan 
(Service 2009, pp. 261, 263).
    CA 11, Napa-Sonoma Marshes, 618 ac (250 ha):
    This proposed unit encompasses salt evaporation ponds 7 and 7A, in 
the Napa-Sonoma Marshes Wildlife Area, owned by the CDFG. It is 
situated in Napa County, about 2.3 mi (4 km) west of the Napa County 
Airport, and about 1.5 mi (2.4 km) south of Las Amigas Rd. The unit was 
occupied at the time of listing and is currently occupied. Twelve 
Pacific Coast WSPs were identified at the location in the summer 2009 
during window surveys (Service 2009, p. 2). This is the only location 
in the northern portion of the San Francisco Bay known to support 
nesting plovers.
    Elements of essential physical and biological features provided by 
the unit include sparsely vegetated areas above daily high tides, such 
as salt pans, artificial salt ponds, and adjoining levees, for nesting 
and foraging.
    Threats to essential physical and biological features that may 
require special management include flooding, and nest predators such as 
great egrets and common ravens (Robinson-Nilsen et al. 2009, p. 14). 
Control of nonnative vegetation and enforcement of existing human-use 
regulations are needed to ensure the physical or biological features 
are maintained within the unit. With time, we anticipate that the lower 
portions of this unit will be inundated with sea-level rise associated 
with climate change.
    CA 12, Hayward, 1 ac (0 ha):
    This unit comprises Island 5 at the Hayward Regional Shoreline 
Park, located to the west of the City of Hayward in Alameda County. The 
area is managed by the East Bay Regional Park District (EBRPD) as a 
nesting area for shorebirds--primarily least terns (Sterna antillarum 
browni), but also Pacific Coast WSPs (Riensche 2007, p. 1). The unit 
was occupied at the time of listing and is currently occupied. Three 
plover chicks from one nest successfully fledged from the unit in 2008 
(Robinson et al. 2008, pp. 19, 34; Riensche 2008, p. 2), but since then 
seven plover nesting attempts in the area have failed, primarily due to 
predation (Robinson-Nilsen et al. 2009, pp. 16, 32; Robinson-Nilsen 
2010, pers. comm.). The most commonly observed avian predators at the 
site have been California gulls, although the only actual depredation 
observed was by a killdeer (Charadrius vociferus) (Robinson-Nilsen et 
al. 2009, pp. 14, 16).
    Elements of essential physical and biological features provided by 
the unit include sparsely vegetated areas above daily high tides, such 
as salt pans,

[[Page 16071]]

artificial salt ponds, and adjoining levees, for nesting and foraging.
    Threats to essential physical and biological features that may 
require special management focus on predation and salt pond management 
to control vegetation. The EBRPD is implementing a predator management 
program utilizing numerous volunteers as well as staff from the U.S. 
Department of Agriculture's (USDA) Wildlife Services program (Riensche 
2008, p. 2) to reduce predation at this site.
    CA 13A, Eden Landing: 237 ac (96 ha):
    This subunit encompasses salt ponds E11, E15B, and E16B, just south 
of highway 92 and the San Mateo Bridge and west of Union City in 
Alameda County. This unit was occupied at the time of listing and is 
currently occupied and supported a total of 30 Pacific Coast WSP nests 
in 2009, 15 of which hatched (Robinson-Nilsen et al. 2009, p. 32). 
Approximately 228 ac (92 ha) are State owned.
    Elements of essential physical and biological features provided by 
the unit include sparsely vegetated areas above daily high tides, such 
as salt pans, artificial salt ponds, and adjoining levees, for nesting 
and foraging.
    Threats to essential physical and biological features that may 
require special management include flooding and avian nest predators 
such as California gulls (Robinson-Nilsen et al. 2009, p. 13).
    CA 13B, Eden Landing, 171 ac (69 ha):
    This subunit is located west of Union City in Alameda County and 
encompasses salt pond E14, just south of Eden Creek. This unit was 
occupied at the time of listing and is currently occupied and supported 
nine Pacific Coast WSP nests in 2009, three of which hatched young 
(Robinson-Nilsen et al. 2009, p. 32). The subunit does not include salt 
ponds E12 and E13 (just north of E14), because those are being 
converted to high salinity ponds for birds such as eared grebes 
(Podiceps nigricollis) and phalaropes (Phalaropus spp.) that forage 
well on such habitat (Strong 2010a, p. 1). Approximately 171 ac (69 ha) 
are State-owned.
    Elements of essential physical and biological features provided by 
the unit include sparsely vegetated areas above daily high tides, such 
as salt pans, artificial salt ponds and adjoining levees, for nesting 
and foraging. Threats to essential features that may require special 
management include flooding and avian nest predators such as California 
gulls (Robinson-Nilsen et al. 2009, p. 13).
    CA 13C, Eden Landing, 609 ac (246 ha):
    This subunit encompasses salt ponds E6A and E6B, and is located 
just north of Old Alameda Creek and west of Union City in Alameda 
County. This unit was occupied at the time of listing and is currently 
occupied and supported a total of two Pacific Coast WSP nests in 2009, 
both of which hatched young (Robinson-Nilsen et al. 2009, p. 32). The 
subunit does not include a panhandle-shaped area of potential habitat 
just north of pond E6A because it is being converted to tidal marsh as 
part of a pre SBSPRP restoration project (Strong 2010b, p. 7; Strong 
2010c, p. 1). Six hundred two (602) ac are State-owned.
    Elements of essential physical and biological features provided by 
the subunit include sparsely vegetated areas above daily high tides, 
such as salt pans, artificial salt ponds, and adjoining levees, for 
nesting and foraging.
    Threats to essential physical and biological features that may 
require special management include flooding and avian nest predators 
such California gulls (Robinson-Nilsen et al. 2009, p. 13).
    CA 14, Ravenswood, 89 ac (36 ha):
    This unit consists of the southwestern portion of salt pond SF2 
located east of the City of East Palo Alto in San Mateo County near the 
western approach to the Dumbarton Bridge. Pond SF2 is undergoing 
renovations intended to provide ponded areas, islands, and salt pan for 
several species of shorebirds, including Pacific Coast WSPs (SBSPRP 
2010, p. 3). The Ravenswood unit is drawn to encompass the salt pan 
area (Strong 2010b, pp. 3, 4). This unit was occupied at the time of 
listing and is currently occupied. In 2009, pond SF2 supported 23 
plover nests, 17 of which hatched young (Robinson-Nilsen et al. 2009, 
p. 32). The entire unit is privately owned.
    Elements of essential physical and biological features provided by 
the unit include sparsely vegetated areas above daily high tides, such 
as salt pans, artificial salt ponds, and adjoining levees, for nesting 
and foraging. Threats to essential features that may require special 
management include flooding and avian nest predators such as California 
gulls (Robinson-Nilsen et al. 2009, p. 13).
    CA 15, Warm Springs, 168 ac (68 ha):
    This unit encompasses the northeastern portion of salt evaporation 
ponds A22 and A23 in the Warm Springs area of the South San Francisco 
Bay near Foster City in San Mateo County. This unit was occupied at the 
time of listing and is currently occupied. Fourteen breeding Pacific 
Coast WSPs were identified at these ponds during the 2009 summer window 
surveys (Service unpublished data). Additionally, Robinson-Nilsen et 
al. (2009, p. 32) found a total of 21 plover nests at the ponds in 
2009, 11 of which successfully hatched young. The southwestern portions 
of the ponds are excluded in keeping with tidal marsh restoration plans 
envisioned under the draft Tidal Marsh Recovery Plan (Service 2009, p. 
266). The entire unit is Federally owned.
    Elements of essential physical and biological features provided by 
the unit include sparsely vegetated areas above daily high tides, such 
as salt pans, artificial salt ponds, and adjoining levees, for nesting 
and foraging.
    Threats to essential features that may require special management 
include flooding and avian nest predators such as California gulls 
(Robinson-Nilsen et al. 2009, p. 13).
    CA 16, Half Moon Bay, 36 ac (15 ha):
    This unit is located next to the City of Half Moon Bay in San Mateo 
County and stretches for about 1.25 mi (2 km) along Half Moon Bay State 
Beach, and is entirely within CDPR land. It includes sandy beach above 
and below the high-tide line for nesting and foraging, and surf-cast 
debris to attract small invertebrates. This unit was occupied at the 
time of listing and is currently occupied. Small numbers of breeding 
Pacific Coast WSPs have been found at the location in the past five 
surveys (Service 2009, p. 3). The unit also supports a sizeable winter 
flock, consisting of 50 plovers in 2007 (Service 2007, p. 4). We expect 
the unit to eventually support 10 breeding plovers in the unit under 
proper management (Service 2007).
    Potential threats in the area that may require special management 
include nonnative vegetation, disturbance by humans and pets, and nest 
predators. Control of nonnative vegetation and enforcement of existing 
human-use regulations are needed to ensure the physical or biological 
features are maintained within the unit. With time, we anticipate that 
the lower portions of this unit will be inundated with sea-level rise 
associated with climate change.
    CA 17, Waddell Creek Beach, 25 ac (10 ha):
    This unit includes the mouth of Waddell Creek and is located about 
20 mi (32 km) north of the City of Santa Cruz in Santa Cruz County. It 
extends about 0.6 mi (1 km) north along the coast from a point about 
0.4 mi (0.6 km) south of the creek mouth to a point about 0.2 mi (1 km) 
north of the creek

[[Page 16072]]

mouth. Unit CA 17 encompasses approximately 19 ac (8 ha) of State land 
and 7 ac (3 ha) of private land.
    This unit was occupied at the time of listing and the unit has 
historically (prior to 2004) been an important breeding and wintering 
site, supporting up to 11 breeding, and up to 50 wintering, Pacific 
Coast WSPs (Service unpublished data). Although Pacific Coast WSPs have 
not been documented in recent years, this unit contains features 
essential to the conservation of the species and is needed to allow use 
by the species in response to fluctuating habitat and resource 
availability. The unit is located between currently occupied areas and 
provides dispersal habitat between units. This unit provides habitat to 
support breeding plovers and would facilitate interchange between 
otherwise widely separated units and helps provide habitat within 
Recovery Unit 4 along the central California Coast.
    This unit includes the following physical and biological features 
essential to the conservation of the species which may require special 
management considerations or protection: Wind-blown sand dunes, areas 
of sandy beach above and below the high-tide line with occasional surf-
cast wrack supporting small invertebrates, and generally barren to 
sparsely vegetated terrain.
    The primary threats to essential physical and biological features 
that may require special management in this unit are nonnative 
vegetation and human disturbance. Control of nonnative vegetation and 
enforcement of existing human-use regulations are needed to ensure the 
physical or biological features are maintained within the unit. With 
time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 18, Scott Creek Beach, 23 ac (9 ha):
    This unit includes the mouths of Scott and Molino Creeks and is 
located about 13 mi (21 km) north of the City of Santa Cruz in Santa 
Cruz County. It extends about 0.7 mi (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 (0.2 km) north of Scott Creek. Unit CA 
18 encompasses approximately 15 ac (6 ha) of State land and 8 ac (3 ha) 
of local jurisdictional land. This unit was occupied at the time of 
listing and is currently occupied and recent surveys have found up to 4 
breeding Pacific Coast WSPs, while historical surveys (prior to 2004) 
have found up to 12 breeding plovers occupying the area (Service 
unpublished data). Unit CA 18 is an important wintering area, with up 
to 129 plovers recorded in a single season (Service unpublished data).
    This unit is essential to the conservation of the species because, 
with proper management, and in conjunction with the other two 
relatively small units proposed for Santa Cruz County (CA 17 and 19), 
it can attract additional breeding Pacific Coast WSPs and thereby 
facilitate interchange between the larger units at Half Moon Bay (CA 
16).
    The unit 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 and generally 
barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, and predators. Control of nonnative vegetation and 
enforcement of existing human-use regulations are needed to ensure the 
physical or biological features are maintained within the unit. With 
time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 19, Wilder Creek Beach, 15 ac (6 ha):
    This unit is located at the mouth of Laguna Creek and is about 8 mi 
(13 km) north of the City of Santa Cruz in Santa Cruz County. It 
extends about 0.25 mi (0.4 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. The unit is entirely situated on State-owned 
land. This unit was occupied at the time of listing and is currently 
occupied. Although no breeding Pacific Coast WSPs have been observed in 
recent years, five breeding plovers were found in the area prior to 
2004 (Service unpublished data). Unit CA 19 is capable of supporting 16 
breeding plovers under proper management (Service 2007, Appendix B). 
Unit CA 19 is an important wintering area; up to 26 wintering plovers 
have been observed at one time between the 2004 and 2009 period.
    This unit is essential to the conservation of the species because, 
with proper management, and in conjunction with the other two 
relatively small units proposed for Santa Cruz County (CA 17 and 18), 
it can attract additional breeding Pacific Coast WSPs and thereby 
facilitate interchange between the larger units at Half Moon Bay (CA 
16). The unit 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 and generally 
barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this subunit are nonnative 
vegetation, human disturbance, development, OHV use, pets, and 
predators. Control of nonnative vegetation and enforcement of existing 
human-use regulations are needed to ensure the physical or biological 
features are maintained within the unit. With time, we anticipate that 
the lower portions of this unit will be inundated with sea-level rise 
associated with climate change.
    CA 20, Jetty Road to Aptos, 399 ac (161 ha):
    This unit is located about 5 mi (8 km) west of the City of 
Watsonville and includes Sunset State Beach located in Santa Cruz 
County and Zmudowski State Beach located in Monterey County. The mouth 
of the Pajaro River is located near the center of the subunit, and 
Elkhorn Slough is at the south end of the subunit. It extends about 8 
mi (13 km) along the coast from Elkhorn Slough to Zils Road. 
Approximately 369 ac (149 ha) are State-owned. This unit was occupied 
at the time of listing and is currently occupied and is an important 
breeding area, with as many as 105 breeding Pacific Coast WSPs each 
year, and is also an important wintering area, with up to 250 plovers 
each winter (Service unpublished data).
    The unit 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, and 
generally barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, development, horses, OHV use, pets, predators, and 
habitat changes resulting from exotic vegetation. Control of nonnative 
vegetation and enforcement of existing human-use regulations are needed 
to ensure the physical or biological features are maintained within the 
unit. With time, we anticipate that the lower portions of this unit 
will be inundated with sea-level rise associated with climate change.
    CA 21, Elkhorn Slough Mudflats, 281 ac (114 ha):
    This unit is located about 3.5 mi (6 km) north of the City of 
Castroville along the north side of Elkhorn Slough

[[Page 16073]]

east of Highway 1 located in Monterey County. This unit is 1.5 mi (2 
km) long, extending about 1 mi (2 km) along the north shore of Elkhorn 
Slough east of Highway 1 and about 0.5 mi (1 km) north from Elkhorn 
Slough to Bennett Slough. The unit is situated entirely on State-owned 
land. This unit was occupied at the time of listing and is currently 
occupied and is an important breeding area, with as many as 41 breeding 
Pacific Coast WSPs each year, and is also an important wintering area, 
with up to 137 plovers each winter (Service unpublished data). This 
unit is capable of supporting 80 breeding plovers under proper 
management (Service 2007, Appendix B).
    The unit 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 and generally 
barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
development, horses, OHV use, pets, predators, and habitat changes 
resulting from exotic vegetation. Control of nonnative vegetation and 
enforcement of existing human-use regulations are needed to ensure the 
physical or biological features are maintained within the unit. With 
time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 22, Monterey to Moss Landing, 967 ac (391 ha):
    This unit includes the beaches along the southern half of Monterey 
Bay from the City of Monterey at the south end of the unit to Moss 
Landing and the mouth of Elkhorn Slough at the north end of the unit in 
Monterey County. The mouth of the Salinas River is located near the 
center of the unit. It extends about 15 mi (24 km) north along the 
coast from Monterey to Moss Landing. Unit CA 22 includes approximately 
285 ac (115 ha) of State lands, 36 ac (14 ha) of local jurisdictional 
lands, and 423 ac (171 ha) of Federal land and the remainder is 
privately owned. This unit was occupied at the time of listing, is 
currently occupied, is an important breeding area, with as many as 162 
breeding Pacific Coast WSPs each year, and is also an important 
wintering area, with up to 363 plovers each winter (Service unpublished 
data).
    The unit 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 and generally 
barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
development, horses, OHV use, pets, predators, and habitat changes 
resulting from exotic vegetation. Control of nonnative vegetation and 
enforcement of existing human-use regulations are needed to ensure the 
physical or biological features are maintained within the unit. With 
time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 23, Point Sur Beach, 72 ac (29 ha):
    This unit is about 17 mi (27 km) south of the City of Monterey and 
immediately north of Point Sur State Historic Park (SHP) in Monterey 
County. It extends about 0.7 mi (1 km) north along the coast from Point 
Sur SHP. This unit encompasses approximately 38 ac (15 ha) of State 
land and 34 ac (14 ha) of private land. This unit was occupied at the 
time of listing and is currently occupied and has supported up to 13 
breeding Pacific Coast WSPs each year (Service unpublished data). This 
unit is capable of supporting 20 breeding plovers under proper 
management (Service 2007, Appendix B). Unit CA 23 is an important 
wintering area, historically supporting up to 65 plovers each winter 
(Service unpublished data).
    The unit includes the following habitat 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, and generally barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance and 
habitat changes resulting from exotic vegetation. Control of nonnative 
vegetation and enforcement of existing human-use regulations are needed 
to ensure the physical or biological features are maintained within the 
unit. With time, we anticipate that the lower portions of this unit 
will be inundated with sea-level rise associated with climate change.
    CA 24, San Carpoforo Creek, 24 ac (10 ha):
    This unit is located approximately 20 mi (32 km) north of the Town 
of Cambria and 2.5 mi (4 km) south of the San Luis Obispo/Monterey 
County boundary in San Luis Obispo County. It extends approximately 
0.57 mi (1 km) along the coast. This unit contains approximately 4 ac 
(2 ha) of land owned by the USFS, 18 ac (7 ha) owned by the CDPR, and 3 
ac (1 ha) of private land. The unit was occupied at the time of listing 
and is currently occupied and has supported as many as nine breeding 
Pacific Coast WSPs; however, breeding does not occur here every year 
(Service unpublished data). This unit is capable of supporting 10 
breeding plovers under proper management (Service 2007, Appendix B). 
This unit consistently supports 40 to 50 wintering plovers (Service 
unpublished data). San Carpoforo Creek is approximately 53 mi (84 km) 
south of the closest proposed unit to the north (CA 23, Point Sur), and 
approximately 11 mi (18 km) north of the closest proposed unit to the 
south (CA 25, Arroyo Laguna Creek). Therefore, this unit may facilitate 
interchange between widely separated habitats.
    This unit includes the following physical and biological 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 and generally barren to sparsely 
vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
pets, and dune-stabilizing vegetation. Control of nonnative vegetation 
and enforcement of existing human-use regulations are needed to ensure 
the physical or biological features are maintained within the unit. 
With time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 25, Arroyo Laguna Creek, 28 ac (11 ha):
    This unit is located 11 mi (8 km) south of San Carpoforo Creek and 
10 mi (16 km) north of the Town of Cambria in San Luis Obispo County. 
It extends approximately 0.9 mi (2 km) along the coast from a rocky 
headland 0.2 mi (0.3 km) south of Adobe Creek to 0.2 mi (0.3 km) north 
of Oak Knoll Creek. This unit encompasses approximately 18 ac (72 ha) 
of land owned by the CDPR and 10 ac (4 ha) of private land. This unit 
was occupied at the time of listing and is currently occupied and 
Arroyo Laguna Creek has historically (prior to 2000) been an important 
site, supporting as many as 6 breeding and 91 wintering Pacific Coast 
WSPs; however, neither breeding nor wintering occurs here every year 
(Service unpublished data). This unit is capable of supporting six 
breeding plovers under proper management (Service 2007, Appendix B). 
This unit is roughly equidistant between CA 24 (San Carpoforo Creek)

[[Page 16074]]

and CA 26 (San Simeon State Beach) and may facilitate interchange 
between widely separated habitats.
    This unit includes the following physical and biological 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) and generally 
barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
pets, and dune-stabilizing vegetation. Control of nonnative vegetation 
and enforcement of existing human-use regulations are needed to ensure 
the physical or biological features are maintained within the unit. 
With time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 26, San Simeon State Beach, 24 ac (10 ha):
    This unit is located about 2 mi (3 km) north of the Town of Cambria 
in San Luis Obispo County. It extends about 0.9 mi (2 km) 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. Unit 
CA 26 is owned by the CDPR. The unit was occupied at the time of 
listing and is currently occupied. San Simeon State Beach has supported 
as many as seven breeding Pacific Coast WSPs; however, breeding does 
not occur here every year (Service unpublished data). This unit is an 
important wintering area with up to 143 plovers recorded in a single 
season over the last 7 years (Service unpublished data).
    This unit includes the following physical and biological 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 and generally barren to sparsely 
vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
pets, and dune-stabilizing vegetation. Control of nonnative vegetation 
and enforcement of existing human-use regulations are needed to ensure 
the physical or biological features are maintained within the unit. 
With time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 27, Villa Creek Beach, 20 ac (8 ha):
    This unit is located about 3.5 mi (6 km) northwest of the Community 
of Cayucos in San Luis Obispo County. It extends 0.3 mi (0.5 km) 
northwest along the beach from an unnamed headland 1.4 mi (2 km) north 
of Point Cayucos to an unnamed headland northwest of Villa Creek. This 
unit is owned by the CDPR. This unit was occupied at the time of 
listing and is currently occupied, and Villa Creek Beach is an 
important breeding and wintering site. This unit has supported as many 
as 33 breeding Pacific Coast WSPs in a single season (Service 
unpublished data). Wintering numbers vary widely from year to year, 
with 10 to 112 plovers recorded over the last 7 seasons (Service 
unpublished data).
    This unit includes the following physical and biological features 
essential to the species: areas of sandy beach above and below the 
high-tide line with occasional surf-cast wrack supporting small 
invertebrates and generally barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, pets, horses, and predators. Control of nonnative 
vegetation and enforcement of existing human-use regulations are needed 
to ensure the physical or biological features are maintained within the 
unit. With time, we anticipate that the lower portions of this unit 
will be inundated with sea-level rise associated with climate change.
    CA 28, Toro Creek, 34 ac (14 ha):
    This unit is located about 3 mi (5 km) north of the City of Morro 
Bay in San Luis Obispo County, extending from 0.4 mi (1 km) north of 
Toro Creek Road to 0.5 mi (1 km) south of Toro Creek Road (total 
length: 0.9 mi (1 km)). This unit was occupied at the time of listing 
and is currently occupied and Toro Creek Beach was historically (prior 
to 2000) an important breeding area, having supported as many as 16 
breeding Pacific Coast WSPs (Service unpublished data). Breeding has 
not occurred at this unit in the last 5 seasons; however, the unit is 
capable of supporting 25 breeding plovers under proper management 
(Service 2007, Appendix B). This unit is an important wintering area 
with up to 121 plovers recorded in a single season (Service unpublished 
data). The unit encompasses approximately 11 ac (4 ha) of State land 
and 23 ac (9 ha) of private land.
    This unit includes the following physical and biological features 
essential to the species: Areas of sandy beach above and below the 
high-tide line with occasional surf-cast wrack supporting small 
invertebrates and generally barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, pets, and predators. Control of nonnative vegetation 
and enforcement of existing human-use regulations are needed to ensure 
the physical or biological features are maintained within the unit. 
With time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 29, Atascadero Beach/Morro Strand State Beach, 213 ac (86 ha):
    This unit is located at Morro Strand State Beach just north of the 
City of Morro Bay in San Luis Obispo County. It extends about 2.25 mi 
(4 km) north along the beach from the parking area northeast of Morro 
Rock to an unnamed rocky outcrop opposite the end of Yerba Buena Street 
at the north end of the City of Morro Bay. This unit encompasses 
approximately 64 ac (26 ha) of State land, 51 ac (21 ha) of local 
jurisdictional land, and 98 ac (40 ha) of private land. This unit was 
occupied at the time of listing and is currently occupied and is an 
important breeding area, having supported as many as 24 breeding 
Pacific Coast WSPs in a single season (Service unpublished data). It is 
capable of supporting 40 breeding plovers under proper management 
(Service 2007, Appendix B). This unit is also an important wintering 
area, with up to 249 plovers being recorded during a single season over 
the last seven years (Service unpublished data).
    This unit includes the following physical and biological features 
essential to the species: areas of sandy beach above and below the 
high-tide line with occasional surf-cast wrack supporting small 
invertebrates and generally barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, pets, and predators. Control of nonnative vegetation 
and enforcement of existing human-use regulations are needed to ensure 
the physical or biological features are maintained within the unit. 
With time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.

[[Page 16075]]

    CA 30, Morro Bay Beach, 1,076 ac (435 ha):
    This unit is located at Morro Bay State Park south of Morro Rock 
and adjacent to the City of Morro Bay in San Luis Obispo County. It 
extends 5.5 mi (9 km) north along the beach from a rocky outcrop about 
350 ft (105 m) north of Hazard Canyon to the northern tip of the sand 
spit. This unit encompasses approximately 948 ac (383 ha) of State 
land, 69 ac (28 ha) of local jurisdictional land, and 60 ac (24 ha) of 
private land. This unit was occupied at the time of listing and is 
currently occupied and is an important breeding area, supporting as 
many as 205 breeding Pacific Coast WSPs in a single season (Service 
unpublished data). Morro Bay Beach is also an important wintering area, 
supporting up to 104 plovers during a single season over the last seven 
seasons (Service unpublished data).
    This unit includes the following physical and biological 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, and generally barren to sparsely 
vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
horses, pets, predators, and dune-stabilizing vegetation. Control of 
nonnative vegetation and enforcement of existing human-use regulations 
are needed to ensure the physical or biological features are maintained 
within the unit. With time, we anticipate that the lower portions of 
this unit will be inundated with sea-level rise associated with climate 
change.
    CA 31, Pismo Beach/Nipomo Dunes, 1,652 ac (669 ha):
    This unit is located south of the City of Grover Beach and west of 
the Town of Oceano and extends from San Luis Obispo County into 
northern Santa Barbara County west of the City of Guadalupe. The unit 
has approximately 242 ac (98 ha) of Federal land, 552 ac (223 ha) of 
State land, 377 ac (152 ha) of local jurisdictional land, and 481 ac 
(195 ha) of private land. This unit extends about 12 mi (19 km) along 
the beach from a point about 0.4 mi (1 km) north of Mussel Point to a 
point on the north side of Arroyo Grande Creek at the south end of 
Strand Way in the Town of Oceano. This unit was occupied at the time of 
listing and is currently occupied, and is an important breeding area, 
having supported as many as 162 breeding Pacific Coast WSPs in a single 
season (Service unpublished data). This unit is capable of supporting 
350 breeding plovers under proper management (Service 2007, Appendix 
B). Pismo Beach/Nipomo Dunes is an important wintering area, having 
supported up to 287 plovers during a single season over the last 7 
years (Service unpublished data). The unit includes portions of Pismo 
State Beach and Oceano Dunes State Vehicular Recreation Area, owned and 
managed by the CDPR; the Guadalupe-Nipomo Dunes National Wildlife 
Refuge, owned and managed by the Service; the Guadalupe Oil Field, 
owned and managed by the Chevron Corporation; and Rancho Guadalupe 
County Park, owned and managed by the County of Santa Barbara.
    This unit includes the following physical and biological 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, and generally barren to sparsely 
vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, OHVs, horses, pets, and predators. Control of 
nonnative vegetation and enforcement of existing human-use regulations 
are needed to ensure the physical or biological features are maintained 
within the unit. With time, we anticipate that the lower portions of 
this unit will be inundated with sea-level rise associated with climate 
change.
    CA 32, Vandenberg North, 711 ac (288 ha):
    This unit is located on Vandenberg Air Force Base about 14 mi (23 
km) southwest of the City of Santa Maria in Santa Barbara County. It 
extends about 7 mi (11 km) along the coast from a point along the beach 
0.6 mi (1 km) north of Purisima Point to an unnamed creek and canyon 
0.6 mi (1 km) south of Lion's Head, an area of rocky outcrops. This 
unit was occupied at the time of listing and is currently occupied and 
is an important breeding area with as many as 103 breeding Pacific 
Coast WSPs recorded in a single season (Service unpublished data). This 
unit is capable of supporting 250 breeding plovers under proper 
management (Service 2007, Appendix B). This is also an important 
wintering area with up to 105 plovers recorded during a single season 
over the last seven years (Service unpublished data). The unit is 
entirely owned by the U.S. Air Force.
    This unit includes the following physical and biological features 
essential to the conservation of 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, and generally barren to 
sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
pets, military activities, predators, and the spread of dense 
vegetation. Control of nonnative vegetation and enforcement of existing 
human-use regulations are needed to ensure the physical or biological 
features are maintained within the unit. With time, we anticipate that 
the lower portions of this unit will be inundated with sea-level rise 
associated with climate change.
    CA 33, Vandenberg South, 423 ac (171 ha):
    This unit is located on Vandenberg Air Force Base about 9 mi (15 
km) west of the City of Lompoc in Santa Barbara County. It extends 
about 6.7 mi (11 km) north along the coast from an unnamed rocky 
outcrop 0.3 mi (0.5km) north of Ca[ntilde]ada la Honda Creek to the 
western terminus of New Beach Road, approximately 0.9 mi (2 km) north 
of the Santa Ynez River. This unit was occupied at the time of listing 
and is currently occupied and is capable of supporting 156 breeding 
plovers under proper management (Service unpublished data). This unit 
is also an important wintering area with up to 289 Pacific Coast WSPs 
recorded during a single season over the last seven years (Service 
unpublished data). Approximately 373 ac (151 ha) are Federally owned.
    This unit includes the following physical and biological features 
essential to the conservation of 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, and generally barren to 
sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
military activities, pets, predators, and the spread of dense-growing 
vegetation. Control of nonnative vegetation and enforcement of existing 
human-use regulations are needed to ensure the physical or biological 
features are maintained within the unit. With time, we anticipate that 
the lower portions of this unit will be inundated with sea-level rise 
associated with climate change.
    CA 34, Devereaux Beach, 52 ac (21 ha):
    This unit is located on the University of California's Coal Oil 
Point Natural

[[Page 16076]]

Reserve, about 7 mi (11 km) west along the coast from the City of Santa 
Barbara in Santa Barbara County. It extends about 1.8 mi (3 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. 
This unit consists of 43 ac (17 ha) of State land and 9 ac (4 ha) of 
local jurisdictional land. This unit was occupied at the time of 
listing and is currently occupied and is an important breeding area 
with as many as 39 breeding Pacific Coast WSPs recorded in a single 
season (Service unpublished data). This unit is also an important 
wintering area with up to 360 plovers recorded during a single season 
over the last seven years (Service unpublished data).
    This unit includes the following physical and biological 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 and generally barren to sparsely 
vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, pets, and predators. Control of nonnative vegetation 
and enforcement of existing human-use regulations are needed to ensure 
the physical or biological features are maintained within the unit. 
With time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 35, Santa Barbara Beaches, 65 ac (26 ha):
    This unit is located within the City of Santa Barbara in Santa 
Barbara County. It extends about 1.8 mi (3 km) along the coast from the 
Andree Clark Bird Refuge intersection with the Pacific Ocean to the 
Santa Barbara Harbor. This unit encompasses approximately 30 ac (12 ha) 
of State land, 35 ac (14 ha) of City of Santa Barbara lands and 0.3 ac 
(0.1 ha) of private land. The unit was occupied at the time of listing 
and is currently occupied. The unit is an important wintering area with 
up to 111 Pacific Coast WSPs recorded during a single season over the 
last seven years (Service unpublished data).
    This unit includes the following physical and biological 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 and generally barren to sparsely 
vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, development, and pets. Control of nonnative 
vegetation and enforcement of existing human-use regulations are needed 
to ensure the physical or biological features are maintained within the 
unit. With time, we anticipate that the lower portions of this unit 
will be inundated with sea-level rise associated with climate change.
    CA 36, Santa Rosa Island, 586 ac (237 ha):
    This unit is located on Santa Rosa Island about 31 mi (50 km) 
southwest of the City of Santa Barbara in Santa Barbara County. This 
unit is comprised of 11 different beaches (subunits A-K) around the 
island. This unit encompasses approximately 586 ac (237 ha) of Channel 
Islands National Park land. This unit was occupied at the time of 
listing and is currently occupied and is an important breeding area 
with as many as 37 breeding Pacific Coast WSPs recorded in a single 
season (Service unpublished data). This unit is capable of supporting 
130 breeding plovers under proper management (Service 2007, Appendix 
B). This is also an important wintering area with up to 242 plovers 
recorded during a single season over the last seven years (Service 
unpublished data).
    This unit includes the following physical and biological features 
essential to the conservation of the species: Areas of sandy beach 
above and below the high-tide line with surf-cast wrack supporting 
small invertebrates and generally barren to sparsely vegetated terrain.
    The primary threats to essential physical and biological features 
that may require special management in this unit are nonnative 
vegetation, and direct disturbance from expanding marine mammal 
populations. Control of nonnative vegetation and enforcement of 
existing human-use regulations are needed to ensure the physical or 
biological features are maintained within the unit. With time, we 
anticipate that the lower portions of this unit will be inundated with 
sea-level rise associated with climate change.
    CA 37, San Buenaventura Beach, 70 ac (28 ha):
    This unit is located within the City of Ventura in Ventura County. 
It extends about 2 mi (3 km) north along the coast from rock groin 
immediately north of Marina Park to the Ventura Pier. San Buenaventura 
State Beach is a unit that is owned by the CDPR. This unit was occupied 
at the time of listing and is currently occupied and is an important 
wintering area with up to 72 Pacific Coast WSPs recorded during a 
single season over the last seven years (Service unpublished data).
    This unit includes the following physical and biological 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 and generally barren to sparsely 
vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, and pets. Control of nonnative vegetation and 
enforcement of existing human-use regulations are needed to ensure the 
physical or biological features are maintained within the unit. With 
time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 38, Mandalay Beach to Santa Clara River, 672 ac (272 ha):
    This unit is located near the City of Oxnard in Ventura County. It 
extends about 6 mi (10 km) north along the coast from the north jetty 
of Channel Islands Harbor to a point about 0.5 mi (1 km) north of the 
Santa Clara River mouth. This unit encompasses approximately 213 ac (86 
ha) of private land and 459 ac (186 ha) of State land. This unit was 
occupied at the time of listing and is currently occupied and is an 
important breeding area with as many as 70 breeding Pacific Coast WSPs 
recorded in a single season (Service unpublished data). This unit is 
also an important wintering area with up to 129 plovers recorded during 
a single season over the last seven years (Service unpublished data).
    This unit includes the following physical and biological features 
essential to the conservation of 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, and generally barren to 
sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are human disturbance, 
development, pets, and dune-stabilizing vegetation. Control of 
nonnative vegetation and enforcement of existing human-use regulations 
are needed to ensure the physical or biological features are maintained 
within the unit. With time, we anticipate that the lower portions of 
this unit will be inundated with sea-

[[Page 16077]]

level rise associated with climate change.
    CA 39, Ormond Beach, 320 ac (130 ha):
    This unit is located near the cities of Port Hueneme and Oxnard in 
Ventura County. It extends about 3 mi (5 km) northwest along the coast 
from Arnold Road and the boundary of Naval Base Ventura County, Point 
Mugu (NBVC, Point Mugu) to the south jetty of Port Hueneme. This unit 
encompasses approximately 161 ac (65 ha) of private land and 159 ac (65 
ha) of State land. This unit was occupied at the time of listing and is 
currently occupied and is an important breeding area with as many as 33 
breeding Pacific Coast WSPs recorded in a single season (Service 
unpublished data). This unit is capable of supporting 50 breeding 
plovers under proper management (Service 2007, Appendix B). This unit 
is also an important wintering area with up to 117 plovers recorded 
during a single season over the last seven years (Service unpublished 
data).
    This unit includes the following physical and biological features 
essential to the conservation of 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, and generally barren to 
sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, and pets. Control of nonnative vegetation and 
enforcement of existing human-use regulations are needed to ensure the 
physical or biological features are maintained within the unit. With 
time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 40, Mugu Lagoon North, 136 ac (55 ha):
    Under section 4(a)(3) of the Act, we have exempted approximately 
136 ac (55 ha) of land containing features essential to the 
conservation of the Pacific Coast WSP in Unit CA 40 from critical 
habitat designation under section 4(a)(3) of the Act (see Application 
of Section 4(a)(3) of the Act section below).
    CA 41, Mugu Lagoon South, 72 ac (29 ha):
    Under section 4(a)(3) of the Act, we have exempted approximately 72 
ac (29 ha) of land containing features essential to the conservation of 
the Pacific Coast WSP in Unit CA 41 from critical habitat designation 
under section 4(a)(3) of the Act (see Application of Section 4(a)(3) of 
the Act section below).
    CA 42, San Nicolas Island Beaches, 321 ac (130 ha):
    Under section 4(a)(3) of the Act, we have exempted approximately 
321 ac (130 ha) of land containing features essential to the 
conservation of the Pacific Coast WSP in Unit CA 42 from critical 
habitat designation under section 4(a)(3) of the Act (see Application 
of Section 4(a)(3) of the Act section below).
    CA 43, Zuma Beach, 73 ac (30 ha):
    This unit is located about 8 mi (13 km) west of the City of Malibu 
in Los Angeles County. It extends about 3 mi (5 km) north along the 
coast from the north side of Point Dume to the base of Trancas Canyon. 
This unit encompasses approximately 72 ac (29 ha) of Los Angeles County 
lands, and 1 ac (0.5 ha) of State land. This unit was occupied at the 
time of listing and is currently occupied and is an important wintering 
area with up to 213 Pacific Coast WSPs recorded during a single season 
over the last seven years (Service unpublished data; Ryan et al. 2010, 
p. 19).
    This unit includes the following physical and biological 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 and generally barren to sparsely 
vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, development, horses, and pets. Control of nonnative 
vegetation and enforcement of existing human-use regulations are needed 
to ensure the physical or biological features are maintained within the 
unit. With time, we anticipate that the lower portions of this unit 
will be inundated with sea-level rise associated with climate change.
    CA 44, Malibu Beach, 13 ac (5 ha):
    This unit is located within the City of Malibu in Los Angeles 
County. It extends about 0.5 mi (1 km) north along the coast from 
approximately 300 ft (94 m) north of the Malibu Pier to Malibu Point. 
This unit is owned by the CDPR. This unit was occupied at the time of 
listing and is currently occupied and is an important wintering area 
with up to 67 Pacific Coast WSPs recorded during a single season over 
the last seven years (Service unpublished data).
    This unit includes the following physical and biological features 
for the conservation of the species: Areas of sandy beach above and 
below the high-tide line with occasional surf-cast wrack supporting 
small invertebrates and generally barren to sparsely vegetated terrain.
    Primary threats to essential physical and biological features that 
may require special management in this unit are nonnative vegetation, 
human disturbance, and pets. Control of nonnative vegetation and 
enforcement of existing human-use regulations are needed to ensure the 
physical or biological features are maintained within the unit. With 
time, we anticipate that the lower portions of this unit will be 
inundated with sea-level rise associated with climate change.
    CA 45A, Santa Monica Beach, 48 ac (19 ha):
    This subunit is located between the cities of Santa Monica and Los 
Angeles in Los Angeles County. It stretches roughly 1 mi (2 km) from 
Montana Avenue to the mouth of Santa Monica Canyon. This subunit 
consists of 29 ac (12 ha) of State-owned land, and 19 ac (8 ha) are 
owned by the City of Santa Monica. This subunit was occupied at the 
time of listing and is currently occupied and annually supports a 
significant wintering flock of Pacific Coast WSPs (an average wintering 
flock of 36 from 2003 to 2010 (Service unpublished data)) in a location 
with high-quality breeding habitat. This location also facilitates 
interchange between wintering locations.
    This location contains the physical and biological features 
essential to the conservation of the species, including a wide sandy 
beach with occasional surf-cast wrack supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance, pets, and beach raking.
    CA 45B, Dockweiler North, 34 ac (14 ha):
    This subunit is located south of Ballona Creek and west of the El 
Segundo Dunes, and immediately west of the Los Angeles International 
Airport, in the City of Los Angeles, Los Angeles County. It stretches 
roughly 0.5 mi (0.8 km) centered at Sandpiper Street. This subunit is 
owned by the State of California. This subunit was occupied at the time 
of listing and is currently occupied and in conjunction with Subunits 
CA 45C and CA 45D, annually supports a significant wintering flock of 
Pacific Coast WSPs in a location with high quality breeding habitat 
(Page in litt. 2004) and facilitates interchange between wintering 
locations.

[[Page 16078]]

    This location contains the physical and biological features 
essential to the conservation of the species, including a wide sandy 
beach with occasional surf-cast wrack supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance, pets, and beach raking.
    CA 45C, Dockweiler South, 65 ac (26 ha):
    This subunit is located immediately west of the Hyperion Wastewater 
Treatment Plant between the cities of Los Angeles and El Segundo in Los 
Angeles County. It stretches approximately 1 mi (1.6 km) along Vista 
del Mar from W. Imperial Highway extending past E. Grand Avenue. This 
subunit consists of 54 ac (22 ha) of State land and 11 ac (5 ha) of 
privately owned land. This unit was occupied at the time of listing and 
is currently occupied and in conjunction with Subunits CA 45B and CA 
45D, annually supports a significant wintering flock of Pacific Coast 
WSPs in a location with high quality breeding habitat (Page in litt. 
2004) and facilitates interchange between wintering locations.
    This location contains the physical and biological features 
essential to the conservation of the species, including a wide sandy 
beach with occasional surf-cast wrack supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance, pets, and beach raking.
    CA 45D, Hermosa State Beach, 27 ac (11 ha):
    This subunit is located immediately west of the City of Hermosa 
Beach in Los Angeles County. This subunit stretches roughly 0.5 mi (1 
km) from Eleventh Street to First Street. This subunit consists of 8 ac 
(3 ha) of State land and 19 ac (8 ha) of privately owned land. This 
unit was occupied at the time of listing and is currently occupied and 
supported an average wintering flock of 25 Pacific Coast WSPs from 2003 
to 2010 (Service unpublished data). In conjunction with subunits CA 45B 
and CA 45C, this subunit annually supports a large and significant 
wintering flock of Pacific Coast WSP and facilitates interchange 
between wintering locations.
    This location contains the physical and biological features 
essential to the conservation of the species, including a wide sandy 
beach with occasional surf-cast wrack supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance, pets, and beach raking.
    CA 46 (Subunits A-D), Bolsa Chica Reserve, 510 ac (207 ha):
    These subunits are located east of the Pacific Coast Highway, in 
the City of Huntington Beach, Orange County. They consist of 510 ac 
(207 ha), all of which are owned by the State of California. Bolsa 
Chica Reserve contains significant nesting areas (which we are labeling 
as individual Subunits A, B, C, and D). This location supported 47 
breeding adult Pacific Coast WSP in 2009 (Knapp and Peterson 2009, p. 
8). These subunits were occupied at the time of listing and are 
currently occupied and annually support one of the largest breeding 
populations of Pacific Coast WSP in the region. The Recovery Plan for 
the Pacific Coast WSP states that this location contributes to the 
conservation goal for the region by providing a management potential of 
70 breeding birds (Service 2007, Appendix B). This location also 
supported an average wintering flock of 14 Pacific Coast WSP from 2003 
through 2010 (Service unpublished data). This reserve is an abandoned 
oil field that underwent significant reconstruction and restoration 
between 2004 and 2006, including the addition of three new nest sites 
and a new ocean inlet that allows the water level to rise and fall 
resembling the irregular semi-diurnal tidal range of southern 
California's ocean waters (Knapp and Peterson 2009, p. 1).
    This location contains the physical and biological features 
essential to the conservation of the species, including tidally 
influenced estuarine mud flats supporting small invertebrates, and 
seasonally dry ponds that provide nesting and foraging habitat for 
Pacific Coast WSP.
    The physical and biological features essential to the conservation 
of the species in these subunits may require special management 
considerations or protection to address threats from predation of 
chicks and eggs.
    CA 46E, Bolsa Chica State Beach; 8 ac (3 ha):
    This subunit is located south of CA 46A, in the City of Huntington 
Beach, Orange County. It stretches roughly 0.3 mi (0.5 km) from 
Seapoint Avenue north to the lagoon mouth channel into Bolsa Chica 
Ecological Reserve. This subunit consists of 8 ac (3 ha) owned by the 
State of California. This subunit was occupied at the time of listing 
and is currently occupied and supported an average wintering flock of 
27 Pacific Coast WSPs from 2003 through 2010 (Service unpublished 
data). The subunit annually supports a significant wintering flock of 
Pacific Coast WSPs in a location with high quality breeding habitat.
    This location contains the physical and biological features 
essential to the conservation of the species, including a wide sandy 
beach with occasional surf-cast wrack supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance and beach raking.
    CA 47, Santa Ana River Mouth, 19 ac (8 ha):
    This unit is located north of the Santa Ana River mouth, 
immediately west of the City of Huntington Beach in Orange County. This 
unit consists of 19 ac (8 ha), of which 18 ac (7 ha) are owned by the 
State of California, and 1 ac (0.4 ha) is privately owned.
    This unit was not occupied at the time of listing, and we have no 
current records of occupancy. However, we consider this unit essential 
for the conservation of the species because it provides connectivity 
between two currently occupied areas, dispersal habitat between units 
and provides habitat for resting and foraging. This unit provides 
habitat to support breeding plovers and would facilitate interchange 
between otherwise widely separated units and helps provide habitat 
within the Recovery Unit.
    This location contains habitat such as a wide, sandy beach with 
surf-cast wrack supporting small invertebrates, and tidally influenced 
estuarine mud flats that provide nesting and foraging habitat for 
Pacific Coast WSPs.
    CA 48 Balboa Beach, 25 ac (10 ha):
    This unit is located on the Balboa Peninsula, immediately west of 
the City of Newport Beach in Orange County. This unit stretches roughly 
0.3 mi (0.5 km) from A Street south to G Street, including a total of 
25 ac (10 ha), all of which are owned by the City of Newport Beach. 
This unit was occupied at the time of listing and is currently occupied 
and supported two breeding adult Pacific Coast WSPs in 2009 (P. Knapp, 
pers. comm. 2010) and three breeding adult Pacific Coast WSPs in 2010 
(T. Ryan, in litt. 2010). It also supported an

[[Page 16079]]

average wintering flock of 35 Pacific Coast WSPs from 2003 through 2010 
(Service unpublished data).
    This location contains elements of the physical and biological 
features essential to the conservation of the species, including a wide 
sandy beach with occasional surf-cast wrack supporting small 
invertebrates.
    The physical and biological features essential to the conservation 
of the species in this unit may require special management 
considerations or protection to address threats from human recreational 
disturbance, predation of chicks and eggs, and beach raking.
    CA 49, Marine Corps Base Camp Pendleton, 441 ac (179 ha):
    Under section 4(a)(3) of the Act, we have exempted approximately 
441 ac (179 ha) of land containing features essential to the 
conservation of the Pacific Coast WSP in Unit CA 49 from critical 
habitat designation under section 4(a)(3) of the Act (see Application 
of Section 4(a)(3) of the Act section below).
    CA 50 (Subunits A-C), Batiquitos Lagoon, 66 ac (27 ha):
    These subunits are located between the cities of Carlsbad and 
Encinitas, in San Diego County. These subunits consist of a total of 66 
ac (27 ha), of which approximately 32 ac (13 ha) are owned by the State 
of California, and 33 ac (14 ha) are privately owned. Batiquitos Lagoon 
includes three nest sites (which we are labeling as individual Subunits 
CA 50A, CA 50B, and CA 50C) that were created during restoration of the 
lagoon in 1996 to create habitat for seabirds and shorebirds, including 
Pacific Coast WSP and California least tern. These subunits were 
occupied at the time of listing and are currently occupied. Also 
included in Unit CA 50 is a portion of South Carlsbad State Beach 
(Subunit CA 50A) that supports a significant wintering population of 
Pacific Coast WSPs. The Recovery Plan for the Pacific Coast WSP states 
that subunits A-C contribute significantly to the conservation goal for 
the region by providing a management potential of 70 breeding birds 
(Service 2007, Appendix B). Three breeding adults were recorded within 
this unit in 2009 (B. Foster, in litt. 2010a), and 2010 (Ryan, in litt, 
2010). This unit also facilitates interchange between wintering 
locations.
    These subunits contain elements of the physical and biological 
features essential to the conservation of the species, including sandy 
beaches and tidally influenced estuarine mud flats with tide-cast 
organic debris supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in these subunits may require special management 
considerations or protection to address threats from human recreational 
disturbance at South Carlsbad State Beach, vegetation encroachment in 
the intertidal zone, and predation of chicks and eggs.
    CA 51 (Subunits A-C), San Elijo Lagoon Ecological Reserve, 15 ac (6 
ha):
    These subunits are located between the cities of Solana Beach and 
Encinitas in San Diego County. These subunits were occupied at the time 
of listing and are currently occupied and consist of 15 ac (6 ha), of 
which 11 ac (4 ha) are owned by the State of California, and 4 ac (2 
ha) are privately owned. San Elijo Lagoon includes three nest sites 
(which we are labeling as individual Subunits CA 51A, CA 51B, and CA 
51C). The San Elijo Lagoon Restoration Working Group is planning to 
restore habitat at the San Elijo Lagoon Ecological Reserve, which may 
include nest sites for nesting sea birds and shorebirds including 
Pacific Coast WSP and California least tern. Restoration and 
enhancement of coastal dune habitat at this site is ongoing, and the 
Service is currently participating in a cooperative agreement with the 
San Elijo Lagoon Conservancy to create suitable nesting areas for 
Pacific Coast WSPs, California least terns, and other shorebirds in the 
southwest corner of the West Basin of the lagoon. The Recovery Plan for 
the Pacific Coast WSP states that this location contributes 
significantly to the conservation goal for the region by providing a 
management potential of 20 breeding birds (Service 2007, Appendix B). 
This unit may facilitate interchange between wintering locations (see 
Criteria Used to Identify Critical Habitat section above).
    These subunits contain elements of the physical and biological 
features essential to the conservation of the species, including sandy 
beaches and tidally influenced estuarine mud flats with tide-cast 
organic debris supporting small invertebrates. Restoration of degraded 
habitat within these subunits will improve the habitat.
    The physical and biological features essential to the conservation 
of the species in these subunits may require special management 
considerations or protection to address threats from human recreational 
disturbance, vegetation encroachment in the intertidal zone, and 
predation of chicks and eggs.
    CA 52 (Subunits A-C) San Dieguito Lagoon, 11 ac (5 ha):
    These subunits are located at the west end of San Dieguito River 
Park between the cities of San Diego and Del Mar in San Diego County. 
These subunits were occupied at the time of listing and are currently 
occupied and consist of 11 ac (5 ha), of which 4 ac (2 ha) are owned by 
the State of California, and 7 ac (3 ha) are privately owned. San 
Dieguito Lagoon includes three nest sites (which we are labeling as 
individual Subunits CA 52A, CA 52B, and CA 52C) that were created for 
nesting seabirds and shorebirds including Pacific Coast WSP and 
California least tern. The Recovery Plan for the Pacific Coast WSP 
states that this location contributes significantly to the conservation 
goal for the region by providing a management potential of 20 breeding 
birds (Service 2007, Appendix B). This unit also facilitates 
interchange between wintering locations. Additionally, restoration of 
this site occurred in 2009, improving areas used by breeding and 
wintering shorebirds. Use of one nesting site by a pair of plovers was 
reported in 2010 (Foster, pers. comm. 2010b). Additional improvements 
to the nest sites are expected in the future.
    These subunits contain elements of the physical and biological 
features essential to the conservation of the species, including wide 
sandy beaches and tidally influenced estuarine mud flats with tide-cast 
organic debris supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in these subunits may require special management 
considerations or protection to address threats from human recreational 
disturbance, vegetation encroachment in the intertidal zone, and 
predation of chicks and eggs.
    CA 53, Los Penasquitos Lagoon, 32 ac (13 ha):
    This unit is located immediately south of the City of Del Mar in 
the City of San Diego in San Diego County. This unit stretches roughly 
0.6 mi (0.96 km) from South Camino del Mar to North Torrey Pines Road, 
and consists of 32 ac (13 ha), all of which are owned by the State of 
California. This unit was occupied at the time of listing and is 
currently occupied and consists of a portion of Torrey Pines State 
Beach that supports a wintering population of Pacific Coast WSPs. This 
unit contained an average wintering flock of 22 Pacific Coast WSPs from 
2003 to 2010 (Service unpublished data). The Recovery Plan for the 
Pacific Coast WSP states that this location contributes significantly 
to the conservation goal for the region by providing a management 
potential of 10 breeding birds (Service 2007, Appendix B).
    This unit contains the physical and biological features essential 
to the

[[Page 16080]]

conservation of the species, including 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.
    The physical and biological features essential to the conservation 
of the species in this unit may require special management 
considerations or protection to address threats from human recreational 
disturbance, vegetation encroachment in the intertidal zone, and 
predation of chicks and eggs.
    CA 54A, Fiesta Island, 2 ac (1 ha):
    This subunit is located on the northwest side of Fiesta Island in 
Mission Bay Park, within the City of San Diego in San Diego County. 
This subunit stretches roughly 0.5 mi (0.8 km) along the northwest side 
of the island from and includes approximately 1 ac (1 ha) of lands 
owned by the State of California, and 1 ac (0.4 ha) of land owned by 
the City of San Diego. This unit was occupied at the time of listing. 
Although occupancy is currently unconfirmed, this unit contains 
features essential to the conservation of the species and is needed by 
the species for use in response to fluctuating habitat and resource 
availability or use for migration between other nearby occupied sites. 
This subunit also facilitates interchange between wintering locations. 
The Recovery Plan for the Pacific Coast WSP states that this location 
contributes significantly to the conservation goal for the region by 
providing a management potential of 10 breeding birds (Service 2007, 
Appendix B).
    This subunit contains the physical and biological features 
essential to the conservation of the species, including a wide sandy 
beach with tide-cast organic debris supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance, off-leash pets, and predation of chicks and eggs.
    CA 54B, Mariner's Point, 7 ac (3 ha):
    This subunit is located on the west side of Mission Bay Park near 
the mouth of the Mission Bay Channel, within the City of San Diego in 
San Diego County. This subunit includes 7 ac (3 ha), of which 1 ac (0.4 
ha) is owned by the State of California, and 6 ac (2 ha) are owned by 
the City of San Diego. This unit was occupied at the time of listing 
and is currently occupied and contains the physical and biological 
features essential to the conservation of the species. This subunit has 
supported an average wintering flock of 21 Pacific Coast WSPs from 2003 
to 2010 (Service unpublished data). In conjunction with subunits CA 54C 
and CA 54D, it annually supports a large and significant wintering 
flock of Pacific Coast WSPs in high quality breeding habitat and 
facilitates interchange between wintering locations. Additionally, this 
location was a breeding site in 1995 (K. Forburger, pers. comm. 2010); 
thus, special management may encourage Pacific Coast WSPs to resume 
breeding in areas currently used by wintering birds.
    This subunit contains the physical and biological features 
essential to the conservation of the species, including a wide sandy 
beach with tide-cast organic debris supporting small invertebrates.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance, off-leash pets, and predation of chicks and eggs.
    CA 54C, South Mission Beach, 38 ac (15 ha):
    This subunit is located immediately south of Mission Bay Park in 
the City of San Diego in San Diego County. This unit stretches roughly 
0.5 mi (0.8 km) along the southern-most end of South Mission Beach, and 
includes 38 ac (15 ha), of which 8 ac (3 ha) are owned by the State of 
California, and 30 ac (12 ha) are owned by the City of San Diego. This 
unit was occupied at the time of listing and is currently occupied and 
contains the physical and biological features essential to the 
conservation of the species. This subunit has supported an average 
wintering flock of 50 Pacific Coast WSPs from 2003 to 2010 (Service 
unpublished data). In conjunction with subunits CA 54B and CA 54D, this 
subunit annually supports a large and significant wintering flock of 
Pacific Coast WSPs in high quality breeding habitat, and the area 
facilitates interchange between wintering locations.
    This subunit contains the following habitat: wide sandy beach with 
surf-cast wrack supporting small invertebrates. The physical and 
biological features essential to the conservation of the species in 
this subunit may require special management considerations or 
protection to address threats from human recreational disturbance, off-
leash pets, and predation of chicks and eggs.
    CA 54D, San Diego River Channel, 51 ac (21 ha):
    This subunit spans the mouth of the San Diego River Channel, 
including sandy accumulations created by the freshwater output of the 
river, in the City of San Diego in San Diego County. This unit was 
occupied at the time of listing and is currently occupied and contains 
the physical and biological features essential to the conservation of 
the species. This subunit consists of 51 ac (21 ha), of which 38 ac (15 
ha) are owned by the State of California, and 13 ac (5 ha) are owned by 
the City of San Diego. In conjunction with subunits CA 54B and CA 54C, 
this location annually supports a large and significant wintering flock 
of Pacific Coast WSPs in high quality breeding habitat and facilitates 
interchange between wintering locations.
    This subunit contains the following habitat: wide sandy beaches 
with occasional surf-cast wrack supporting small invertebrates, as well 
as tidally influenced estuarine mud flats with tide-cast organic 
debris. The physical and biological features essential to the 
conservation of the species in this subunit may require special 
management considerations or protection to address threats from human 
recreational disturbance, off-leash pets, and predation of chicks and 
eggs.
    CA 55A, Naval Air Station North Island, 142 ac (58 ha):
    Under section 4(a)(3) of the Act, we have exempted approximately 
142 ac (58 ha) of land containing features essential to the 
conservation of the Pacific Coast WSP in Unit CA 55A from critical 
habitat designation under section 4(a)(3) of the Act (see Application 
of Section 4(a)(3) of the Act section below).
    CA 55B, Coronado Beach, 74 ac (30 ha):
    This subunit is located immediately west of the City of Coronado in 
San Diego County. This subunit stretches roughly 0.6 mi (0.96 km) from 
the boundary with Naval Air Station North Island (NASNI) to the south 
end of the natural sand dunes at Coronado Beach. This subunit includes 
a total of 74 ac (30 ha) owned by the State of California. This subunit 
was occupied at the time of listing and is currently occupied and is 
adjacent to the sizable Pacific Coast WSP population at NASNI, which 
contained an average wintering flock of 69 Pacific Coast WSPs from 2003 
to 2010 (Service unpublished data). Additionally, biologists recorded 
17 breeding adults at NASNI during 2009 surveys (Service unpublished 
data). The Recovery Plan for the Pacific Coast WSP states that this 
location (in conjunction with adjacent military lands)

[[Page 16081]]

contributes significantly to the conservation goal for the region by 
providing a management potential of 20 breeding birds (Service 2007, 
Appendix B). This unit also facilitates interchange between wintering 
locations.
    This subunit contains the physical and biological features 
essential to the conservation of the species, including 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.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance and beach raking.
    CA 55C, Silver Strand Beach, 180 ac (73 ha):
    Under section 4(a)(3) of the Act, we have exempted approximately 
180 ac (73 ha) of land containing features essential to the 
conservation of the Pacific Coast WSP in Unit CA 55C from critical 
habitat designation under section 4(a)(3) of the Act (see Application 
of Section 4(a)(3) of the Act section below).
    CA 55D, Delta Beach, 90 ac (36 ha):
    Under section 4(a)(3) of the Act, we have exempted approximately 90 
ac (36 ha) of land containing features essential to the conservation of 
the Pacific Coast WSP in Unit CA 55D from critical habitat designation 
under section 4(a)(3) of the Act (see Application of Section 4(a)(3) of 
the Act section below).
    CA 55E, Sweetwater Marsh National Wildlife Refuge and D Street 
Fill, 132 ac (54 ha):
    This subunit is located on the east side of San Diego Bay in the 
City of Chula Vista in San Diego County. This subunit consists of 
approximately 132 ac (54 ha), of which 77 ac (31 ha) are owned by the 
Service, and 54 ac (22 ha) are owned by the Unified Port of San Diego. 
This subunit was occupied at the time of listing and is currently 
occupied and supported nesting Pacific Coast WSPs in 2000 (R. Patton, 
pers. comm. 2010), and two adult Pacific Coast WSPs in 2009 (Service 
unpublished data). The Recovery Plan for the Pacific Coast WSP states 
that this location contributes significantly to the conservation goal 
for the region by providing a management potential of 25 breeding birds 
(Service 2007, Appendix B). Additionally, this subunit annually 
supports a large and significant wintering flock of Pacific Coast WSPs 
and facilitates interchange between wintering locations.
    This subunit contains the physical and biological features 
essential to the conservation of the species, including sandy beaches 
above and below mean high-tide line and tidally influenced estuarine 
mud flats that provide nesting and foraging habitat for Pacific Coast 
WSPs.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from vegetation 
encroachment in the intertidal zone, and predation of chicks and eggs.
    CA 55F, Silver Strand State Beach, 82 ac (33 ha):
    This subunit is located immediately north of the City of Imperial 
Beach, in the City of Coronado in San Diego County. This subunit was 
occupied at the time of listing and is currently occupied and stretches 
roughly 1.5 mi (2.4 km) west of Silver Strand Boulevard, and is 
centered roughly at Coronado Cays Park. This subunit, in conjunction 
with adjacent lands at Naval Amphibious Base Coronado supported at 
least 10 breeding adults in 2009 (Service unpublished data), and 8 
breeding adults in 2010 (Ryan, in litt. 2010). The Recovery Plan for 
the Pacific Coast WSP states that this location contributes 
significantly to the conservation goal for the region by providing a 
management potential of 65 breeding birds (Service 2007, Appendix B). 
This subunit contained an average wintering flock of 13 Pacific Coast 
WSPs from 2003 to 2010 (Service unpublished data). This subunit also 
facilitates interchange between wintering locations. Approximately 8 ac 
(3 ha) are State-owned.
    This subunit contains the physical and biological features 
essential to the conservation of the species, including 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.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance and predation of chicks and eggs.
    CA 55G, Chula Vista Wildlife Reserve, 10 ac (4 ha):
    This subunit is located on an island in south San Diego Bay in the 
City of Chula Vista in San Diego County. This location is centered in 
between the major wintering and breeding sites at Silver Strand State 
Beach (CA 55F), Sweetwater National Wildlife Refuge (CA 55E), Tijuana 
Estuary and Beach (CA 55K), the South Bay National Wildlife Refuge (CA 
55I-J), and Navy lands (CA 55-A, D, H). The subunit consists of 10 ac 
(4 ha), all of which are owned by the State of California. This 
location was a significant breeding site in the 1980s, and was occupied 
at the time of listing with one nest being observed in 1998 (Patton, 
pers. comm. 2010). This subunit contains relatively undisturbed habitat 
and is centralized between other significant areas; however, it is not 
currently utilized by Pacific Coast WSPs for breeding or wintering. 
However, this unit contains features essential to the conservation of 
the species, is needed by the species for use in response to 
fluctuating habitat and resource availability or use for migration 
between other nearby occupied sites, and assists in maintaining habitat 
within Recovery Unit 6. Increased restoration and special management at 
this site could cause this wildlife reserve to become more useful to 
breeding and wintering Pacific Coast WSPs, and facilitate interchange 
between locations.
    This subunit contains the physical and biological features 
essential to the conservation of the species, including sandy beach and 
sparsely vegetated areas above the daily high tide, as well as tidally 
influenced estuarine mud flat with tide-cast organic debris supporting 
small invertebrates.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from vegetation 
encroachment in the intertidal zone, shoreline revetment, and predation 
of chicks and eggs.
    CA 55H, Naval Radio Receiving Facility, 66 ac (27 ha):
    Under section 4(a)(3) of the Act, we have exempted approximately 66 
ac (27 ha) of land containing features essential to the conservation of 
the Pacific Coast WSP in Unit CA 55H from critical habitat designation 
under section 4(a)(3) of the Act (see Application of Section 4(a)(3) of 
the Act section below).
    CA 55I, San Diego National Wildlife Refuge, South Bay Unit, 5 ac (2 
ha):
    This subunit is located at the southernmost end of San Diego Bay in 
a location that is operated by Western Salt Works as salt evaporation 
ponds. This subunit is immediately north of the City of Imperial Beach, 
in the City of San Diego in San Diego County, and consists entirely of 
Federal land. This unit was occupied at the time of listing and is 
currently occupied and supported at least three breeding adults in 2009 
(Collins, in litt. 2010), and seven breeding adults in 2010 (Ryan, in 
litt. 2010). The Recovery Plan for the Pacific

[[Page 16082]]

Coast WSP states that this location contributes significantly to the 
conservation goal for the region by providing a management potential of 
30 breeding birds (Service 2007, Appendix B).
    The subunit contains the physical and biological features essential 
to the conservation of the species, including sparsely vegetated areas 
on artificial salt flats and adjoining dikes, as well as tidally 
influenced estuarine mud flats with tide-cast organic debris supporting 
small invertebrates for foraging.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from egg and chick 
predation.
    CA 55J, Tijuana Estuary and Border Field State Park, 150 ac (61 
ha):
    This subunit is located in the City of Imperial Beach in San Diego 
County. This subunit stretches roughly 2 mi (3.2 km) from the end of 
Seacoast Drive to the U.S./Mexico border, extending across both the 
Tijuana Slough National Wildlife Refuge and Border Field State Park. 
This unit was occupied at the time of listing and is currently occupied 
and supported at least 10 adult breeding Pacific Coast WSPs in 2009 (B. 
Collins, in litt. 2010), and 19 breeding adults in 2010 (Ryan, in litt. 
2010). This location also supported an average wintering flock of 54 
Pacific Coast WSPs from 2003 to 2010 (Service unpublished data). The 
Recovery Plan for the Pacific Coast WSP states that this location 
contributes significantly to the conservation goal for the region by 
providing a management potential of 40 breeding birds (Service 2007, 
Appendix B).
    This subunit contains the physical and biological features 
essential to the conservation of the species, including 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.
    The physical and biological features essential to the conservation 
of the species in this subunit may require special management 
considerations or protection to address threats from human recreational 
disturbance and predation of chicks and eggs.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that any action they fund, authorize, or carry out 
is not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of designated critical habitat of such species. In 
addition, section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any agency action which is likely to 
jeopardize the continued existence of any species proposed to be listed 
under the Act or result in the destruction or adverse modification of 
proposed critical habitat.
    Decisions by the 5th and 9th Circuit Courts of Appeals have 
invalidated our regulatory definition of ``destruction or adverse 
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S. 
Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir. 2004) and Sierra 
Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442 (5th 
Cir. 2001)), and we do not rely on this regulatory definition when 
analyzing whether an action is likely to destroy or adversely modify 
critical habitat. Under the statutory provisions of the Act, we 
determine destruction or adverse modification on the basis of whether, 
with implementation of the proposed Federal action, the affected 
critical habitat would continue to serve its intended conservation role 
for the species.
    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. Examples of actions that are subject to the 
section 7 consultation process are actions on State, Tribal, local, or 
private lands that require a Federal permit (such as a permit from the 
U.S. Army Corps of Engineers under section 404 of the Clean Water Act 
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10 
of the Act) or that involve some other Federal action (such as funding 
from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat, and actions 
on State, Tribal, local, or private lands that are not Federally funded 
or authorized, do not require section 7 consultation.
    As a result of section 7 consultation, we document compliance with 
the requirements of section 7(a)(2) through our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect, or 
are likely to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify critical habitat, we provide reasonable and 
prudent alternatives to the project, if any are identifiable, that 
would avoid the likelihood of jeopardy and/or destruction or adverse 
modification of critical habitat. We define ``reasonable and prudent 
alternatives'' (at 50 CFR 402.02) as alternative actions identified 
during consultation that:
    (1) Can be implemented in a manner consistent with the intended 
purpose of the action;
    (2) Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction;
    (3) Are economically and technologically feasible; and
    (4) Would, in the Director's opinion, avoid the likelihood of 
jeopardizing the continued existence of the listed species and/or avoid 
the likelihood of destroying or adversely modifying 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 in instances where we have 
listed a new species or subsequently designated critical habitat that 
may be affected and the Federal agency has retained discretionary 
involvement or control over the action (or the agency's discretionary 
involvement or control is authorized by law). Consequently, Federal 
agencies sometimes may need to request reinitiation of consultation 
with us on actions for which formal consultation has been completed, if 
those actions with discretionary involvement or control may affect 
subsequently listed species or designated critical habitat.

Application of the ``Adverse Modification'' Standard

    The key factor related to the adverse modification determination is 
whether, with implementation of the proposed Federal action, the 
affected critical habitat would continue to serve its intended 
conservation role for the species. Activities that may destroy or 
adversely modify critical habitat are those that alter the physical and 
biological features to an extent that appreciably reduces the 
conservation value of critical habitat for Pacific Coast

[[Page 16083]]

WSP. As discussed above, the role of critical habitat is to support 
life-history needs of the species and provide for the conservation of 
the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation.
    Activities that may affect critical habitat, when carried out, 
funded, or authorized by a Federal agency, should result in 
consultation for the Pacific Coast WSP. These activities 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. 
Such activities may include clearing and raking of tidal debris 
(seaweed, driftwood) from beaches causing a loss in cover and forage; 
high levels of visitor use, which can disturb and disrupt normal 
behavior; and utility corridors that require maintenance, which can 
lead to disturbance of Pacific Coast WSPs.
    (2) Dredging and dredge spoil placement that permanently removes 
elements of essential physical and biological features to the extent 
Pacific Coast WSPs are affected for the foreseeable future.
    (3) Construction and maintenance of roads, walkways, marinas, 
access points, bridges, culverts and other structures which interfere 
with Pacific Coast WSP nesting, breeding, or foraging or result in 
increases in predation.
    (4) Storm water and wastewater discharge from communities, which 
could impact the abundance of invertebrates upon which Pacific Coast 
WSPs rely for food.
    (5) Flood control actions that change the elements of essential 
physical and biological features to the extent that the habitat no 
longer contributes to the conservation of the species.

Exemptions

Application of Section 4(a)(3) of the Endangered Species Act

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete an integrated natural resource management plan (INRMP) by 
November 17, 2001. An INRMP integrates implementation of the military 
mission of the installation with stewardship of the natural resources 
found on the base. Each INRMP includes:
    (1) An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
    (2) A statement of goals and priorities;
    (3) A detailed description of management actions to be implemented 
to provide for these ecological needs; and
    (4) A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not 
designate 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 integrated natural resources management 
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if 
the Secretary determines in writing that such plan provides a benefit 
to the species for which critical habitat is proposed for 
designation.''
    We consult with the military on the development and implementation 
of INRMPs for installations with listed species. We analyzed INRMPs 
developed by military installations located within the range of the 
proposed critical habitat designation for Pacific Coast WSP to 
determine if they are exempt under section 4(a)(3) of the Act. The 
following areas are Department of Defense lands with completed, 
Service-approved INRMPs within the proposed revised critical habitat 
designation.
Approved INRMPs
    Naval Base Ventura County Point Mugu (Units CA 40 and CA 41), 208 
ac (84 ha)
    The Department of the Navy, Naval Base Ventura County, manages two 
facilities in Ventura County, California: Point Mugu and San Nicolas 
Island. Naval Base Ventura County, Point Mugu (NBVC, Point Mugu) was 
established in 1949 as the Naval Air Weapons Station to support a new 
U.S. Naval Air Missile Test Center, which provided material and Service 
support, including military personnel administration, air traffic 
control, and flight line functions. The NBVC, Point Mugu occupies 
approximately 4,490 ac (1,817 ha) of land on the coast of southern 
California, Ventura County. Currently, the installation is used for 
target drone launches, aircraft operations, beach missile launch 
operations, maintenance of the roads and perimeter fence, utilities 
maintenance, pest management, recreation, and natural resource 
management.
    The NBVC, Point Mugu INRMP is a planning document that guides the 
management and conservation of natural resources under the 
installation's control. The INRMP was prepared to ensure that natural 
resources are managed in support of the Naval Base Ventura County's 
military command mission and that all activities are consistent with 
Federal stewardship requirements. The NBVC, Point Mugu INRMP was 
completed in 2002, and renewed and approved by the Service in 2008. The 
INRMP is Naval Base Ventura County's adaptive plan for managing natural 
resources to support and be consistent with the military mission, while 
protecting and enhancing the biological integrity of lands under its 
use (U.S. Navy 2002, p. ES-3). Naval Base Ventura County is committed 
to an ecosystem management approach for its natural resources program 
by integrating all components of natural resource management into a 
comprehensive and coordinated effort. An integrated approach to 
ecosystem management will help protect the biological diversity found 
at NBVC, Point Mugu.
    The INRMP identifies the following management and protective 
measure goals for the Pacific Coast WSP:
    (1) Monitor and manage breeding habitat of Pacific Coast WSPs;
    (2) Monitor and manage wintering and migration areas to maximize 
Pacific Coast WSP population survival;
    (3) Develop mechanisms for long-term management and protection of 
Pacific Coast WSPs and their breeding and wintering habitat;
    (4) Undertake scientific investigations that facilitate recovery 
efforts;
    (5) Undertake public information and education programs for Pacific 
Coast WSPs;
    (6) Continue measures in place for Pacific Coast WSP protection, 
including beach closures;
    (7) Protect and maintain natural coastal processes that perpetuate 
high-quality breeding habitat;
    (8) Keep Pacific Coast WSP management areas closed to all pets, 
leashed or not, with the exception of NBVC security dogs on official 
duty (e.g., apprehending a suspect);

[[Page 16084]]

    (9) Monitor habitat to maintain the nesting substrates necessary 
for Pacific Coast WSP breeding success;
    (10) Identify factors that limit the quality of wintering and 
breeding habitat;
    (11) Clean and restore the eastern arm of Mugu Lagoon to sandy 
beach;
    (12) Improve methods of monitoring Pacific Coast WSPs, such as 
color banding; and
    (13) Develop and implement public information and education 
programs on Pacific Coast WSPs and recovery efforts at the proposed 
Mugu Lagoon Visitor Education Center.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that conservation efforts 
identified in the 2008 INRMP for NBVC, Point Mugu have and will provide 
a benefit to the Pacific Coast WSP and features essential to its 
conservation, and will benefit Pacific Coast WSPs occurring in habitats 
on the installation. Therefore, lands subject to the INRMP for the 
NBVC, Point Mugu (Units CA 40 and CA 41) are exempt from critical 
habitat designation under section 4(a)(3)(B) of the Act, and we are not 
including approximately 208 ac (84 ha) of habitat in this proposed 
revised critical habitat designation because of this exemption.
    Department of the Navy, Naval Base Ventura County, San Nicolas 
Island (Unit CA 42), 321 ac (130 ha):
    San Nicolas Island is under the jurisdiction of Department of the 
Navy, Naval Base Ventura County. The 14,230-ac (5,759-ha) San Nicolas 
Island is located approximately 65 mi (105 km) south of NBVC, Point 
Mugu. Naval facilities on San Nicolas Island include a 10,000 ft (3,048 
m) concrete and asphalt runway, radar tracking instrumentation, 
electro-optical devices, telemetry, communications equipment, missile 
and target launch areas, as well as personnel support. Currently, the 
island is used as the management launch platform for short- and medium-
range missile testing, and an observation facility for missile testing. 
Primarily, San Nicolas Island's mission is to support the primary 
research, design, development, testing, and evaluation of air weapons 
and associated aircraft systems into anti-surface and anti-air warfare 
aircraft.
    The San Nicolas Island INRMP (U.S. Navy 2005, pp. 1-129) is a 
planning document that guides the management and conservation of 
natural resources under the Navy Base Ventura County's control. The 
INRMP was prepared to ensure that natural resources are managed in 
support of the Naval Base Ventura County's military command mission and 
that all activities are consistent with Federal stewardship 
requirements. The San Nicolas Island INRMP was completed and approved 
by the Service in 2003 and renewed in 2005. The San Nicolas Island 
INRMP is Naval Base Ventura County's adaptive plan for managing natural 
resources to support and be consistent with the military mission while 
protecting and enhancing the biological integrity of lands under its 
use (U.S. Navy 2005, p. 5). Naval Base Ventura County is committed to 
an ecosystem management approach for its natural resources program by 
integrating all components of natural resource management into a 
comprehensive and coordinated effort. An integrated approach to 
ecosystem management will help protect the biological diversity found 
at San Nicolas Island.
    The San Nicolas INRMP identifies the following management and 
protective measure goals for the Pacific Coast WSP:
    (1) Monitor Pacific Coast WSP's nests during missile launches, 
barge landings, and other activities that may disturb nesting 
behaviors;
    (2) Close Pacific Coast WSP nesting areas to recreational activity 
during the breeding season (March through September); and
    (3) Monitor the effects of Navy activities on Pacific Coast WSPs by 
conducting island-wide Pacific Coast WSP censuses twice annually, once 
during the breeding season and once during the winter season;
    (4) Educate island personnel regarding protected species 
regulations and responsibilities;
    (5) Maintain signs around breeding sites to alert personnel of 
closures;
    (6) Conduct site-specific Pacific Coast WSP surveys in potential or 
known breeding habitat prior to disturbance activities;
    (7) Remove unnecessary structures in Pacific Coast WSP nesting 
areas and attach avian excluders to essential structures, if feasible;
    (8) Conduct amphibious training exercises on beaches not harboring 
nesting Pacific Coast WSPs;
    (9) Continue to implement a feral cat control/removal program;
    (10) Develop and maintain a computer database for storing 
information on locations of nesting sites, incidental sightings and 
size and results of surveys for resource management purposes;
    (11) Continue to participate with recovery planning and other 
efforts to help establish stable Pacific Coast WSP populations; and
    (12) Support research to explore the effects of increasing pinniped 
(seal, sea lion) populations on nesting success of Pacific Coast WSPs.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that conservation efforts 
identified in the 2005 INRMP for San Nicolas Island have and will 
provide a benefit to the Pacific Coast WSP and physical and biological 
features essential to its conservation. Therefore, lands subject to the 
INRMP for the San Nicolas Island (Unit CA 42) are exempt from critical 
habitat designation under section 4(a)(3)(B) of the Act, and we are not 
including approximately 321 ac (130 ha) of habitat in this proposed 
revised critical habitat designation because of this exemption. We 
request public comment regarding this exemption.
    Marine Corps Base (MCB) Camp Pendleton (Unit CA 49), 441 ac (179 
ha):
    Marine Corps Base (MCB) Camp Pendleton is the Marine Corps' premier 
amphibious training installation and it is the only west coast 
amphibious assault training center. The installation has been 
conducting air, sea, and ground assault training since World War II. 
MCB Camp Pendleton occupies over 125,000 ac (50,586 ha) of coastal 
southern California in the northwest corner of San Diego County. Aside 
from nearly 10,000 ac (4,047 ha) that is developed, most of the 
installation is largely undeveloped land that is used for training. MCB 
Camp Pendleton is situated between two major metropolitan areas: the 
City of Los Angeles that is 82 mi (132 km) to the north, and the City 
of San Diego that is 38 mi (61 km) to the south. MCB Camp Pendleton is 
located north of the City of Oceanside, southeast of the City of San 
Clemente, and adjacent to the western side of the unincorporated 
community of Fallbrook, San Diego County, California. Aside from a 
portion of the installation's border that is shared with the Cleveland 
National Forest's San Mateo Wilderness Area and Fallbrook Naval Weapons 
Station, surrounding land use includes urban development, rural 
residential development, and farming and ranching. The largest single 
leaseholder on the installation is California Department of Parks and 
Recreation (CDPR), which possesses a 50-year real estate lease granted 
on September 1, 1971, for 2,000 ac (809 ha) that encompasses San Onofre 
State Beach.
    The MCB Camp Pendleton INRMP is a planning document that guides the 
management and conservation of natural resources under the 
installation's control. The INRMP was prepared to assist installation 
staff and users in their efforts to conserve and

[[Page 16085]]

rehabilitate natural resources consistent with the use of MCB Camp 
Pendleton to train Marines and set the agenda for managing natural 
resources on MCB Camp Pendleton. Marine Corps Base Camp Pendleton 
completed its INRMP in 2001, followed by a revised and updated version 
in 2007 to address conservation and management recommendations within 
the scope of the installation's military mission, including 
conservation measures for Pacific Coast WSP (MCB Camp Pendleton 2007, 
Appendix F, Section F.23, pp. F85-F89). The Service provided 
concurrences in 2001 and 2007 for the respective INRMPs. Additionally, 
CDPR is required to conduct its natural resources management consistent 
with the philosophies and supportive of the objectives in the revised 
2007 INRMP (MCB Camp Pendleton 2007, Chapter 2, p. 31).
    The Pacific Coast WSP and its habitat are provided protection and 
management by the Estuarine and Beach Conservation Plan (MCB Camp 
Pendleton 2007, Appendix B, pp. B-1-B-20), which was addressed through 
the section 7 consultation process with a biological opinion issued by 
the Service on October 30, 1995 (Service 1995, Biological Opinion 1-6-
95-F02), and is now implemented under the 2007 INRMP. Base-wide 
protection measures for avoidance and minimization of impacts to 
Pacific Coast WSP and its habitat, especially during the breeding 
season, are provided in both the conservation plan and Base Order 
P3500.1M. The base-wide protection measures for Pacific Coast WSP 
include, but are not limited to:
    (1) Minimize reduction or loss of upland buffers surrounding 
coastal wetlands;
    (2) Restore the dune system in the vicinity of the Santa Margarita 
Estuary following the guidance developed by The Nature Conservancy;
    (3) Maintain integrity of listed species' habitat; and
    (4) Promote growth of current population of Pacific Coast WSPs (MCB 
Camp Pendleton 2007, Appendix B, pp. B5-B7).
    Annual management and protection measures for Pacific Coast WSPs 
identified in Appendix F of the INRMP include, but are not limited to:
    (1) Installation of sign postings describing the sensitive nature 
of the breeding area/season;
    (2) Installation of permanent/temporary fencing that directs 
military training away from sensitive nesting and foraging areas;
    (3) Beach habitat enhancement (nonnative vegetation control and 
sand mobilization);
    (4) Ant control (ants can cause incubating adults to abandon a 
nest, and can contribute towards chick mortality); and
    (5) Focused predator control (MCB Camp Pendleton 2007, Appendix F, 
pp. F89).
    Current environmental training regulations and restrictions are 
provided to all military personnel to maintain compliance with the 
terms of the INRMP. Training regulations guide activities to protect 
threatened and endangered species on the installation, including 
Pacific Coast WSP, and its habitat. First, specific conservation 
measures, outlined in the Instructions for Military Training Activities 
section of the Estuarine and Beach Conservation Plan are applied to 
Pacific Coast WSP and its habitat (MCB Camp Pendleton 2007, p. B-13). 
These include:
    (1) Military activities are kept to a minimum within the Santa 
Margarita Management Zone (i.e., the area on the base where the 
majority of nesting sites occur) and any nesting site outside the 
traditionally fenced nesting areas during the breeding/nesting season 
(1 March-31 August) for the Pacific Coast WSP. A buffer distance of 984 
ft (300 m) away from fenced or posted nesting areas must be adhered to 
for all activities involving smoke, pyrotechnics, loud noises, blowing 
sand, and large groupings of personnel (14 or more). Aircraft are not 
authorized to land within 984 ft (300 m) of fenced nesting areas on 
Blue Beach or White Beach and are required to maintain an altitude of 
300 ft (91 m) Above Ground Level (AGL) or more above nesting areas.
    (2) Recreational activities within the Santa Margarita Management 
Zone and posted nest locations during the breeding season are to be 
kept to a minimum and camping at Cocklebur Canyon Beach is prohibited.
    (3) Foot traffic within the Santa Margarita Management Zone is 
prohibited within 150 ft (46 m) of posted nesting areas during the 
breeding season.
    (4) A 300-ft (91-m) buffer from posted nesting areas is required 
for surf fishermen, and no live baitfish or amphibians are allowed for 
fishing activities.
    Additionally, MCB Camp Pendleton Environmental Security staff 
review projects and enforce existing regulations and orders that, 
through their implementation under NEPA requirements, avoid and 
minimize impacts to natural resources, including the Pacific Coast WSP 
and its habitat. MCB Camp Pendleton also provides training to personnel 
on environmental awareness for sensitive resources on the base, 
including the Pacific Coast WSP and its habitat. As a result of these 
regulations and restrictions, activities occurring on MCB Camp 
Pendleton are currently conducted in a manner that minimizes impacts to 
Pacific Coast WSPs and their habitat.
    MCB Camp Pendleton's INRMP also benefits Pacific Coast WSP through 
ongoing monitoring and research efforts. To assess the effectiveness of 
MCB Camp Pendleton's Estuarine and Beach Conservation Plan, biennial 
monitoring is conducted to determine number of pairs, hatching success, 
and reproductive success (MCB Camp Pendleton 2007, Appendix B, p. B12). 
Annual monitoring of nests is conducted to track Pacific Coast WSP 
population trends (MCB Camp Pendleton 2007, Appendix F, p. F89). Data 
are provided to all necessary personnel through MCB Camp Pendleton's 
GIS database on sensitive resources and MCB Camp Pendleton's published 
resource atlas.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that conservation efforts 
identified in the 2007 INRMP for MCB Camp Pendleton have and will 
continue to provide a benefit to Pacific Coast WSP and its habitat. 
This includes habitat located in the following areas: San Onofre Beach, 
Aliso/French Creek Mouth, and Santa Margarita River Estuary (names of 
areas follow those used in the draft recovery plan (Service 2001, 
Appendix B, p. B-16). Therefore, lands subject to the INRMP for MCB 
Camp Pendleton, which includes lands leased from the Department of 
Defense by other parties (such as CDPR for San Onofre State Beach) 
(Unit CA 49), are exempt from critical habitat designation under 
section 4(a)(3)(B) of the Act. CDPR is required to conduct its natural 
resources management consistent with the philosophies and supportive of 
the objectives of the INRMP (MCB Camp Pendleton 2007, p. 2-30). We are 
not including approximately 441 ac (179 ha) of habitat in this proposed 
revised critical habitat designation because of this exemption. We 
request public comment regarding this exemption.
    Naval Base Coronado, Naval Air Station (North Island Unit CA 55A, 
Silver Strand Beach Unit CA 55C, Delta Beach Unit CA 55D, and Naval 
Radio Receiving Facility Unit CA 55H), 734 ac (297 ha):
    Naval Base Coronado includes eight military facilities in San Diego 
County, California. Three of these facilities--

[[Page 16086]]

Naval Air Station North Island (Unit CA 55A); Naval Amphibious Base 
Coronado (Units CA 55C, and CA 55D); and Naval Radio Receiving Facility 
(Unit CA 55H)--include beach habitat that supports Pacific Coast WSPs. 
For planning and description purposes regarding these beaches and the 
military training that occurs here, the U.S. Navy describes these areas 
as:
    (1) Naval Air Station North Island (NAS North Island),
    (2) Naval Amphibious Base Coronado or Silver Strand Training 
Complex-North (SSTC-North), and
    (3) Naval Radio Receiving Facility or Silver Strand Training 
Complex-South (SSTC-South).
    NAS North Island is located north of the City of Coronado and 
encompasses 2,803 ac (1134 ha), of which approximately 95 ac (39 ha) is 
southern foredune/beach habitat. SSTC-North is located south of the 
City of Coronado and encompasses roughly 1,000 ac (405 ha), of which 
approximately 257 ac (104 ha) are beach-front habitat leased from CDPR 
for amphibious military training activities. SSTC-North, including the 
San Diego Bay-front beach referred to as Delta Beach, supports 
approximately 278 ac (113 ha) of southern foredune/beach habitat. SSTC-
South is located north of the City of Imperial Beach, and encompasses 
450 ac (182 ha), of which approximately 78 ac (32 ha) is southern 
foredune/beach habitat.
    The U.S. Navy completed an INRMP in 2002 to provide a viable 
framework for the management of natural resources on lands controlled 
by Naval Base Coronado, which was approved by the Service. The U.S. 
Navy continues to implement the completed INRMP (which provides a 
benefit to the Pacific Coast WSP) as a revision is being drafted. The 
INRMP identifies conservation and management recommendations within the 
scope of the installation's military mission, including conservation 
measures for Pacific Coast WSP and its habitat (Naval Base Coronado 
2002, Section 3, pp. 81-83). The management strategy outlines actions 
that would contribute to the recovery of Pacific Coast WSP through 
development of cooperative, ecosystem management-based strategies 
(Naval Base Coronado 2002, Section 4, pp. 56-58).
    The U.S. Navy will continue to implement the 2002 INRMP, subject to 
modified management strategies identified in the 2010 Silver Strand 
Training Area BO until completion of a revised INRMP. The INRMP 
revision will reflect the management changes driven by the U.S. Navy's 
need for additional beach training. The revised INRMP will include the 
management strategy identified in the 2010 Silver Strand Training BO. 
The INRMP identifies conservation and management recommendations within 
the scope of the installation's military mission, including 
conservation measures for Pacific Coast WSP and its habitat (Naval Base 
Coronado 2002, Section 3, pp. 81-83). The management strategy outlines 
actions that would contribute to the recovery of Pacific Coast WSP 
through development of cooperative, ecosystem management-based 
strategies (Naval Base Coronado 2002, Section 4, pp. 56-58). Management 
actions that will benefit the Pacific Coast WSP to be implemented by 
the Navy on the U.S. Navy's Silver Strand Training Complex Operations, 
Naval Base, Coronado, in accordance with the 2002 INRMP as modified by 
the 2010 SSTC BO (08B0503-09F0517) include:
    (1) Minimize the potential for take of nests and chicks at SSTC-N 
and SSTC-S Beaches during the breeding season;
    (2) Monitor training activities to ascertain the impact on Pacific 
Coast WSP distribution and report any observed incidental take to the 
Service annually;
    (3) Modify the beach to create hummocks to deter plovers from 
nesting in intensively used beach lanes;
    (4) Schedule efforts to avoid beach lanes with higher nest numbers;
    (5) Study the effects of military working dogs on plovers to 
develop additional conservation measures, if necessary;
    (6) Require that dogs be on leashes.
    (7) Annual nest site preparation;
    (8) Mark and avoid up to 22 nests at SSTC-S, SSTC-N Beaches, plus 
any additional nests that exceed 22 that are initiated in beach lanes 
Orange 1 and Orange 2;
    (9) Protect nesting and foraging areas at NAS North Island, SSTC-
North, SSTC-South, and Delta Beach from predation by supporting 
consistent and effective predator management;
    (10) Enhance and disallow mowing of remnant dune areas as potential 
nest sites in areas that can be protected from human disturbance and 
predators during nesting season;
    (11) Conduct monitoring throughout Naval Base Coronado and 
establish a consistent approach to monitoring nesting attempts and 
hatching success to determine the success of predator management 
activities, and limit predator-prey interactions by fencing unless it 
conflicts with U.S. Navy training;
    (12) Identify opportunities to use dredge material that has high 
sand content for expansion and rehabilitation of beach areas at NAS 
North Island and Delta Beach to create improved nesting substrate;
    (13) Minimize activities that can affect invertebrate populations 
necessary for Pacific Coast WSP foraging by prohibiting beach raking on 
Naval Base Coronado beaches, with the exception of the area immediately 
in front of the Navy Lodge at NAS North Island and Camp Surf at SSTC-
South;
    (14) If any relocation of nest/eggs is necessary as a protective 
measure, each nest/egg will be relocated the shortest distance possible 
into suitable habitat by Service-approved monitors to increase the 
chance of nest success;
    (15) Identify conflicts for immediate action and response;
    (16) Public outreach to military residents of adjacent housing;
    (17) Post signs to eliminate human trespassers during nesting 
season and possibly for nest avoidance as well; and,
    (18) Work with the Service and others to develop a regional 
approach to managing and conserving the habitat needed to sustain 
Pacific Coast WSP.
    The 2010 SSTC BO (08B0503-09F0517, p. 128) also specifies that if 
new information reveals that the increased training is affecting 
Pacific Coast WSP in a manner inconsistent with the conclusion of the 
Biological Opinion, then reinitiation of consultation may be warranted. 
If monitoring indicates that the western snowy plover numbers within 
the area of increased military training decline below the 5-year 
average, as determined by maximum active nest numbers--average of 18 
plover pairs at SSTC (range of 11 to 22); 10 plover pairs at NASNI 
(range of 7 to 14); and 8 plover pairs at SSSB (range of 5 to 9)--
reinitiation of consultation may be warranted. If snowy plover use of 
SSTC beaches declines, Service and Navy biologists will evaluate 
alternative explanations for any observed decline (such as continuation 
of low productivity associated with predation) and the need for 
additional conservation measures. This cooperative relationship allows 
the Service to work closely with the Navy for the continued 
implementation of beneficial measures to Pacific Coast WSP, while 
minimizing impacts associated with the increased training activities 
that are required for military readiness.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the conservation 
efforts identified in the existing Service approved INRMP Naval Base 
Coronado provide a benefit to Pacific Coast WSP and its habitat at NAS 
North Island,

[[Page 16087]]

SSTC-North, and SSTC-South. The Service also considers that the draft 
revised INRMP will provide a benefit to the Pacific Coast WSP and its 
habitat, but will revisit this exemption as necessary to evaluate the 
conservation efforts in Naval Base Coronado's final revised INRMP. 
Therefore, lands containing features essential to the conservation of 
Pacific Coast WSP on Naval Base Coronado (Units CA 55A, CA 55C, CA 55D, 
and CA 55H) are exempt under section 4(a)(3) of the Act, and we are not 
including approximately 734 ac (297 ha) of habitat in this proposed 
revised critical habitat designation because of this exemption. We 
request public comment on this exemption.
    Table 3 below provides approximate areas (ac, ha) of lands that 
meet the definition of critical habitat but are exempt from designation 
under section 4(a)(3)(B) of the Act. Table 3 also provides our reasons 
for the exemptions.

                          Table 3--Exemptions From Designation by Critical Habitat Unit
----------------------------------------------------------------------------------------------------------------
                                                                     Areas meeting
                                                    Basis for       the  definition
         Unit                Specific area          exclusion/        of critical     Areas exempted in Ac (Ha)
                                                    exemption        habitat in Ac
                                                                         (Ha)
----------------------------------------------------------------------------------------------------------------
CA 40.................  Naval Base Ventura      4(a)(3)(B).......  136 ac (55 ha)..  136 ac (55 ha).
                         County Point Mugu,
                         Mugu Lagoon North.
CA 41.................  Naval Base Ventura      4(a)(3)(B).......  72 ac (29 ha)...  72 ac (29 ha).
                         County Point Mugu,
                         Mugu Lagoon South.
CA 42.................  Naval Base Ventura      4(a)(3)(B).......  321 ac (130 ha).  321 ac (130 ha).
                         County, San Nicolas
                         Island.
CA 49.................  Marine Corps Base       4(a)(3)(B).......  441 ac (179 ha).  441 ac (179 ha).
                         (MCB) Camp Pendleton.
CA 55A................  Naval Base Coronado,    4(a)(3)(B).......  142 ac (58 ha)..  142 ac (57 ha).
                         Naval Air Station
                         North Island.
CA 55C................  Naval Base Coronado     4(a)(3)(B).......  436 ac (176 ha).  436 ac (176 ha).
                         Silver Strand Beach.
CA 55D................  Naval Base Coronado     4(a)(3)(B).......  90 ac (36 ha)...  90 ac (36 ha).
                         Delta Beach.
CA 55H................  Naval Base Coronado     4(a)(3)(B).......  66 ac (27 ha)...  66 ac (27 ha).
                         Naval Radio Receiving
                         Facility.
                       -----------------------------------------------------------------------------------------
    Total.............  ......................  .................  ................  1,704 ac (690 ha).
----------------------------------------------------------------------------------------------------------------

Exclusions

Application of Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary shall 
designate and make revisions to critical habitat on the basis of the 
best available scientific data after taking into consideration the 
economic impact, national security impact, and any other relevant 
impact of specifying any particular area as critical habitat. The 
Secretary may exclude an area from critical habitat if he determines 
that the benefits of such exclusion outweigh the benefits of specifying 
such area as part of the critical habitat, unless he determines, based 
on the best scientific data available, that the failure to designate 
such area as critical habitat will result in the extinction of the 
species. In making that determination, the statute on its face, as well 
as the legislative history are clear that the Secretary has broad 
discretion regarding which factor(s) to use and how much weight to give 
to any factor.
    Under section 4(b)(2) of the Act, the Secretary may exclude an area 
from designated critical habitat based on economic impacts, impacts on 
national security, or any other relevant impacts. In considering 
whether to exclude a particular area from the designation, we identify 
the benefits of including the area in the designation, identify the 
benefits of excluding the area from the designation, and evaluate 
whether the benefits of exclusion outweigh the benefits of inclusion. 
If the analysis indicates that the benefits of exclusion outweigh the 
benefits of inclusion, the Secretary may exercise his discretion to 
exclude the area only if such exclusion would not result in the 
extinction of the species.
Exclusions Based on Economic Impacts
    Under section 4(b)(2) of the Act, we consider the economic impacts 
of specifying any particular area as critical habitat. In order to 
consider economic impacts, we are preparing an analysis of the economic 
impacts of the proposed critical habitat designation and related 
factors.
    An analysis of the economic impacts for the previous proposed 
critical habitat designation was conducted and made available to the 
public in the Federal Register on August 16, 2005 (70 FR 48094). The 
availability of that final economic analysis was announced in the final 
rule to designate critical habitat for the Pacific Coast WSP published 
on September 29, 2005 (70 FR 56969). The activities identified in the 
2005 economic analysis that may have been affected by plover 
conservation included recreation, plover management, real estate 
development, military base operations, and gravel extraction. In the 
September 29, 2005, final designation of critical habitat (70 FR 
56969), we excluded six subunits along the California Coast for 
economic reasons under section 4(b)(2) of the Act. The economic 
analysis prepared for the 2005 critical habitat designation included 
costs coextensive with the listing of the species; i.e., costs 
attributable to the listing of the species, as well as costs 
attributable to the designation of critical habitat, and it did not 
distinguish between them. The new analysis will analyze the specific 
incremental costs attributable to designating all areas proposed in 
this revised rule as critical habitat, separate from the costs of those 
protections already accorded the species through Federal listing and 
other Federal, State, and local regulations.
    We will announce the availability of the draft economic analysis on 
this proposed revised critical habitat designation 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://www.regulations.gov, or by 
contacting the Arcata Fish and Wildlife Office directly (see FOR 
FURTHER INFORMATION CONTACT section). During the development of a final 
designation, we will consider economic impacts, public comments, and 
other new information, and areas may be excluded from the final 
critical habitat designation under section 4(b)(2) of the Act and our 
implementing regulations at 50 CFR 424.19.

[[Page 16088]]

Exclusions Based on National Security Impacts
    Under section 4(b)(2) of the Act, we consider whether there are 
lands owned or managed by the Department of Defense where a national 
security impact might exist. In preparing this proposal, we have 
exempted from the designation of critical habitat those Department of 
Defense lands with completed INRMPs determined to provide a benefit to 
the Pacific Coast WSP. We have also determined that the remaining lands 
within the proposed designation of critical habitat for Pacific Coast 
WSP are not owned or managed by the Department of Defense, and, 
therefore, we anticipate no impact on national security. Consequently, 
the Secretary does not propose to exercise his discretion to exclude 
any areas from the final designation based on impacts on national 
security.
Exclusions Based on Other Relevant Impacts
    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts on national 
security. We consider a number of factors, including whether the 
landowners have developed any HCPs or other management plans for the 
area, or whether there are conservation partnerships that would be 
encouraged by designation of, or exclusion from, critical habitat. In 
addition, we look at any Tribal issues, and consider the government-to-
government relationship of the United States with Tribal entities. We 
also consider any social impacts that might occur because of the 
designation.
    We are not considering any exclusions at this time from the 
proposed revised designation under section 4(b)(2) of the Act based on 
partnerships, management, or protection afforded by cooperative 
management efforts. Some areas within the proposed revised designation 
are included in management plans or other large scale HCPs such as the 
Oregon State-wide Habitat Conservation Plan. In this proposed revised 
rule, we are seeking input from the public as to whether or not the 
Secretary should exclude habitat conservation plan areas or other such 
areas under management that benefit the Pacific Coast WSP from the 
final revised critical habitat designation. We are also seeking input 
on potential exclusion of Tribal lands within this proposed revised 
designation (Please see Government-to-Government Relationship with 
Tribes section below regarding Tribal lands within this proposed 
revised designation and the Public Comments section of this proposed 
revised rule for instructions on how to submit comments).

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed revised rule. The purpose of peer review is to 
ensure that our critical habitat designation is based on scientifically 
sound data, assumptions, and analyses. We will invite these peer 
reviewers to comment during this public comment period, on our specific 
assumptions and conclusions regarding the proposed revised designation 
of critical habitat.
    We will consider all comments and information received during this 
comment period on this proposed revised rule during our preparation of 
a final determination. Accordingly, our final decision may differ from 
this proposal.

Public Hearings

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests for public hearings must be 
received within 45 days after the date of publication of this proposed 
revised rule in the Federal Register. Such requests must be sent to the 
address shown in the ADDRESSES section. We will schedule public 
hearings on this proposal, if any are requested, and announce the 
dates, times, and places of those hearings, as well as how to obtain 
reasonable accommodations, in the Federal Register and local newspapers 
at least 15 days before the first hearing.

Required Determinations

Regulatory Planning and Review--Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this proposed rule 
revision under Executive Order 12866 (Regulatory Planning and Review). 
OMB bases its determination upon the following four criteria:
    (1) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government;
    (2) Whether the rule will create inconsistencies with other Federal 
agencies' actions;
    (3) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients; and
    (4) Whether the rule raises novel legal or policy issues.

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

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency must 
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 
(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 RFA to require Federal agencies to provide a 
certification 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, we lack the available economic information necessary 
to provide an adequate factual basis for the required RFA finding. 
Therefore, we defer the RFA finding until completion of the draft 
economic analysis prepared under section 4(b)(2) of the Act and 
Executive Order 12866. This draft economic analysis will provide the 
required factual basis for the RFA finding. Upon completion of the 
draft economic analysis, we will announce availability of the draft 
economic analysis of the proposed designation in the Federal Register 
and reopen the public comment period for the proposed designation. We 
will include with this announcement, 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.
    An analysis of the economic impacts for the previous proposed 
critical habitat designation was conducted and made available to the 
public on August 16, 2005 (70 FR 48094). This economic analysis was 
finalized for the final rule to designate critical habitat for the 
Pacific Coast WSP as published in the Federal Register on September 29, 
2005 (70 FR 56969). The costs associated with critical habitat for the 
Pacific Coast WSP, across the entire area considered for designation, 
were primarily a result of the potential effect of critical habitat

[[Page 16089]]

on recreation, plover management, development, military operations, and 
gravel extraction. Based on the 2005 economic analysis, we concluded 
that the designation of critical habitat for the Pacific Coast WSP 
would not result in significant small business impacts.
    We have concluded that deferring the RFA finding until completion 
of the draft economic analysis on this proposed revised critical 
habitat designation is necessary to meet the purposes and requirements 
of the RFA. Deferring the RFA finding in this manner will ensure that 
we make a sufficiently informed determination based on adequate 
economic information and provide the necessary opportunity for public 
comment.

Energy Supply, Distribution, or Use--Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare Statements of Energy Effects when undertaking 
certain actions. We do not expect the designation of this proposed 
revised critical habitat to significantly affect energy supplies, 
distribution, or use. This is based on our previous analysis conducted 
for the previous designation of critical habitat. This analysis was 
finalized for the final rule to designate critical habitat for the 
Pacific Coast WSP as published in the Federal Register on September 29, 
2005 (70 FR 56969). Therefore, this action is not a significant energy 
action, and no Statement of Energy Effects is required. However, we 
will further evaluate this issue as we conduct our economic analysis, 
and we will 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.), we make the following findings:
    (1) 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, or 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; Aid to Families 
with Dependent Children 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 that receive 
Federal funding, assistance, or permits, or that 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.
    (2) Based in part on an analysis conducted for the previous 
designation of critical habitat and extrapolated to this designation, 
we do not expect this rule to significantly or uniquely affect small 
governments. Small governments will be affected only to the extent that 
any programs having Federal funds, permits, or other authorized 
activities must ensure that their actions will not adversely affect the 
critical habitat. Therefore, a Small Government Agency Plan is not 
required. However, we will further evaluate these issues as we conduct 
our economic analysis, and review and revise this assessment as 
warranted.

Takings--Executive Order 12630

    In accordance with Executive Order 12630 (Government Actions and 
Interference with Constitutionally Protected Private Property Rights), 
we have analyzed the potential takings implications of designating 
critical habitat for the Pacific Coast WSP in a takings implications 
assessment. Critical habitat designation does not affect landowner 
actions that do not require Federal funding or permits, nor does it 
preclude development of habitat conservation programs or issuance of 
incidental take permits to permit actions that do require Federal 
funding or permits to go forward. The takings implications assessment 
concludes that this designation of critical habitat for the Pacific 
Coast WSP does not pose significant takings implications for lands 
within or affected by the designation.

Federalism--Executive Order 13132

    In accordance with Executive Order 13132 (Federalism), this 
proposed rule does not have significant Federalism effects. A 
Federalism assessment is not required. In keeping with Department of 
the Interior and Department of Commerce policy, we requested 
information from, and coordinated development of, this proposed 
critical habitat designation with appropriate State resource agencies 
in Washington, Oregon, and California. The designation of critical 
habitat in areas currently occupied by the Pacific Coast WSP may impose 
nominal additional restrictions to those currently in place and, 
therefore, may have little incremental impact on State and local 
governments and their activities. The designation may have some benefit 
to these governments because the areas that contain the physical and 
biological features essential to the conservation of the species are 
more clearly defined, and the elements of the features of the habitat 
necessary to the conservation of the species are specifically 
identified. This information does not alter where and what Federally 
sponsored activities may occur. However, it may assist local 
governments in long-range planning (rather than having them wait for 
case-by-case section 7 consultations to occur).
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) would be required.

[[Page 16090]]

While non-Federal entities that receive Federal funding, assistance, or 
permits, or that 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.

Civil Justice Reform--Executive Order 12988

    In accordance with Executive Order 12988 (Civil Justice Reform), 
the Office of the Solicitor has determined that the rule does not 
unduly burden the judicial system and that it 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 
elements of physical and biological features essential to the 
conservation of the Pacific Coast WSP within the designated areas to 
assist the public in understanding the habitat needs of the species.

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 of 1995 (44 
U.S.C. 3501 et seq.). 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 (42 U.S.C. 4321 et seq.)

    It is our position that, outside the jurisdiction of the U.S. Court 
of Appeals for the Tenth Circuit, we do not need to prepare 
environmental analyses pursuant to the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321 et seq.) 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 position was upheld by the U.S. Court of 
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

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 (Consultation and 
Coordination with Indian Tribal Governments), and the Department of the 
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. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
Tribes in developing programs for healthy ecosystems, to acknowledge 
that Tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to Tribes.
    The Shoalwater Bay Tribe in Washington is the only Tribe affected 
by this proposed revised critical habitat rule. Approximately 335 ac 
(136 ha) of Tribal lands within subunit 3B could be designated. The 
Lacey Fish and Wildlife Office has entered into discussion with the 
Tribe regarding the proposed revised designation in preparation of this 
revised rule. We will be contacting the Shoalwater Bay Tribe and 
requesting comments regarding the status of Pacific Coast WSPs on lands 
under Tribal ownership and management. The Tribe has stated that they 
are committed to continue with their efforts to manage their lands to 
benefit the Pacific Coast WSP, and are asking that their lands be 
excluded from designation.

References Cited

    A complete list of all references cited in this rulemaking is 
available on the Internet at http://wwww.regulations.gov and upon 
request from the Field Supervisor, Arcata Fish and Wildlife Office (see 
FOR FURTHER INFORMATION CONTACT section).

Authors

    The primary authors of this notice are the staff members of the 
Arcata Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT 
section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping 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--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

    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 ``Western Snowy Plover 
(Charadrius alexandrinus nivosus)--Pacific Coast Population'' 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:
    (i) Washington--Grays Harbor and Pacific Counties;
    (ii) Oregon--Clatsop, Tillamook, Lane, Douglas, Coos, and Curry 
Counties; and
    (iii) California--Del Norte, Humboldt, Mendocino, Marin, Napa, 
Alameda, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa 
Barbara, Ventura, Los Angeles, Orange, and San Diego Counties.
    (2) The primary constituent elements of physical and biological 
features essential to conservation of the Pacific Coast western snowy 
plover are sandy beaches, dune systems immediately inland of an active 
beach face, salt flats,

[[Page 16091]]

mud flats, seasonally exposed gravel bars, artificial salt ponds and 
adjoining levees, and dredge spoil sites, with:
    (i) Areas that are below heavily vegetated areas or developed areas 
and above the daily high tides,
    (ii) Shoreline habitat areas for feeding, with no or very sparse 
vegetation, that are between the annual low tide or low-water flow and 
annual high tide or high-water flow, subject to inundation but not 
constantly under water,
    (iii) Surf- or water-deposited organic debris located on open 
substrates, and
    (iv) Minimal disturbance from the presence of humans, pets, 
vehicles, or human-attracted predators.
    (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) Note: Index map of critical habitat units for the Pacific Coast 
western snowy plover (Charadrius alexandrinus nivosus) in Washington 
follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP22MR11.000


[[Page 16092]]


    (5) Unit WA 1: Copalis Spit, Grays Harbor County, Washington.
    (i) [Reserved for textual description of Unit WA 1: Copalis Spit, 
Grays Harbor County, Washington]
    (ii) Note: Map of Unit WA 1: Copalis Spit, Grays Harbor County, 
Washington, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.001


[[Page 16093]]


    (6) Unit WA 2: Damon Point, Grays Harbor County, Washington.
    (i) [Reserved for textual description of Unit WA 2: Damon Point, 
Grays Harbor County, Washington]
    (ii) Note: Map of Unit WA 2: Damon Point, Grays Harbor County, 
Washington, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.002


[[Page 16094]]


    (7) Subunit WA 3A: Midway Beach, Pacific County, Washington.
    (i) [Reserved for textual description of Subunit WA 3A: Midway 
Beach, Pacific County, Washington]
    (ii) Note: Subunit WA 3A: Midway Beach, Pacific County, Washington, 
is depicted on the map in paragraph (8)(ii) of this entry.
    (8) Subunit WA 3B: Shoalwater/Graveyard, Pacific County, 
Washington.
    (i) [Reserved for textual description of Subunit WA 3B: Shoalwater/
Graveyard, Pacific County, Washington]
    (ii) Note: Map of Subunits WA 3A Midway Beach and 3B Shoalwater/
Graveyard, Pacific County, Washington, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.003


[[Page 16095]]


    (9) Subunit WA 4A: Leadbetter Spit, Pacific County, Washington.
    (i) [Reserved for textual description of Subunit WA 4A: Leadbetter 
Spit, Pacific County, Washington]
    (ii) Note: Subunit WA 4A: Leadbetter Spit, Pacific County, 
Washington, is depicted on the map in paragraph (10)(ii) of this entry.
    (10) Subunit WA 4B: Gunpowder Sands Island, Pacific County, 
Washington.
    (i) [Reserved for textual description of Subunit WA 4B: Gunpowder 
Sands Island, Pacific County, Washington]
    (ii) Note: Map of Subunits WA 4A: Leadbetter Spit and WA 4B: 
Gunpowder Sands Island, Pacific County, Washington, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.004


[[Page 16096]]


    (11) Note: Index map of critical habitat units for the Pacific 
Coast western snowy plover (Charadrius alexandrinus nivosus) in Oregon 
follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.005


[[Page 16097]]


    (12) Unit OR 1: Columbia River Spit, Clatsop County, Oregon.
    (i) [Reserved for textual description of Unit OR 1: Columbia River 
Spit, Clatsop County, Oregon]
    (ii) Note: Map of Unit OR 1: Columbia River Spit, Clatsop County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.006


[[Page 16098]]


    (13) Unit OR 2: Necanicum River Spit, Clatsop County, Oregon.
    (i) [Reserved for textual description of Unit OR 2: Necanicum River 
Spit, Clatsop County, Oregon]
    (ii) Note: Map of Unit OR 2: Necanicum River Spit, Clatsop County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.007


[[Page 16099]]


    (14) Unit OR 3: Nehalem River Spit, Tillamook County, Oregon.
    (i) [Reserved for textual description of Unit OR 3: Nehalem River 
Spit, Tillamook County, Oregon]
    (ii) Note: Map of Unit OR 3: Nehalem River Spit, Tillamook County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.008


[[Page 16100]]


    (15) Unit OR 4: Bayocean Spit, Tillamook County, Oregon.
    (i) [Reserved for textual description of Unit OR 4: Bayocean Spit, 
Tillamook County, Oregon]
    (ii) Note: Map of Unit OR 4: Bayocean Spit, Tillamook County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.009


[[Page 16101]]


    (16) Unit OR 5: Netarts Spit, Tillamook County, Oregon.
    (i) [Reserved for textual description of Unit OR 5: Netarts Spit, 
Tillamook County, Oregon]
    (ii) Note: Map of Unit OR 5: Netarts Spit, Tillamook County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.010


[[Page 16102]]


    (17) Unit OR 6: Sand Lake South, Tillamook County, Oregon.
    (i) [Reserved for textual description of Unit OR 6: Sand Lake 
South, Tillamook County, Oregon]
    (ii) Note: Map of Unit OR 6: Sand Lake South, Tillamook County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.011


[[Page 16103]]


    (18) Unit OR 7: Sutton/Baker Beaches, Lane County, Oregon.
    (i) [Reserved for textual description of Unit OR 7: Sutton/Baker 
Beaches, Lane County, Oregon]
    (ii) Note: Map of Unit OR 7: Sutton/Baker Beaches, Lane County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.012


[[Page 16104]]


    (19) Subunit OR 8A: Siltcoos Breach, Lane County, Oregon.
    (i) [Reserved for textual description of Subunit OR 8A: Siltcoos 
Breach, Lane County, Oregon]
    (ii) Note: Subunit OR 8A: Siltcoos Breach, Lane County, Oregon, is 
depicted on the map in paragraph (21)(ii) of this entry.
    (20) Subunit OR 8B: Siltcoos River Spit, Lane County, Oregon.
    (i) [Reserved for textual description of Subunit OR 8B: Siltcoos 
River Spit, Lane County, Oregon]
    (ii) Note: Subunit OR 8B: Siltcoos River Spit, Lane County, Oregon, 
is depicted on the map in paragraph (21)(ii) of this entry.
    (21) Subunit OR 8C: Dunes Overlook/Tahkenitch Creek Spit, Douglas 
County, Oregon.
    (i) [Reserved for textual description of Subunit OR 8C: Dunes 
Overlook/Tahkenitch Creek Spit, Douglas County, Oregon]
    (ii) Note: Map of Subunits OR 8A: Siltcoos Breach, OR 8B: Siltcoos 
River Spit, and OR 8C: Dunes Overlook/Tahkenitch Creek Spit, Douglas 
County, Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.013


[[Page 16105]]


    (22) Subunit OR 8D: North Umpqua River Spit, Douglas County, 
Oregon.
    (i) [Reserved for textual description of Subunit OR 8D: North 
Umpqua River Spit, Douglas County, Oregon]
    (ii) Note: Map of Subunit OR 8D: North Umpqua River Spit, Douglas 
County, Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.014


[[Page 16106]]


    (23) Unit OR 9: Ten Mile Creek Spit, Coos County, Oregon.
    (i) [Reserved for textual description of Unit OR 9: Ten Mile Creek 
Spit, Coos County, Oregon]
    (ii) Note: Map of Unit OR 9: Ten Mile Creek Spit, Coos County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.015


[[Page 16107]]


    (24) Unit OR 10: Coos Bay North Spit, Coos County, Oregon.
    (i) [Reserved for textual description of Unit OR 10: Coos Bay North 
Spit, Coos County, Oregon]
    (ii) Note: Map of Unit OR 10: Coos Bay North Spit, Coos County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.016


[[Page 16108]]


    (25) Unit OR 11 Bandon to New River, Coos County, Oregon.
    (i) [Reserved for textual description of Unit OR 11 Bandon to New 
River, Coos County, Oregon]
    (ii) Note: Map of Unit OR 11 Bandon to New River, Coos County, 
Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.017


[[Page 16109]]


    (26) Unit OR 12: Elk River Spit, Curry County, Oregon.
    (i) [Reserved for textual description of Unit OR 12: Elk River 
Spit, Curry County, Oregon]
    (ii) Note: Map of Unit OR 12: Elk River Spit, Curry County, Oregon, 
follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.018


[[Page 16110]]


    (27) Unit OR 13: Euchre Creek, Curry County, Oregon.
    (i) [Reserved for textual description of Unit OR 13: Euchre Creek, 
Curry County, Oregon]
    (ii) Note: Map of Unit OR 13: Euchre Creek, Curry County, Oregon, 
follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.019


[[Page 16111]]


    (28) Note: Index map of critical habitat units for the Pacific 
Coast western snowy plover (Charadrius alexandrinus nivosus) in 
Northern California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.020


[[Page 16112]]


    (29) Unit CA 1: Lake Earl, Del Norte County, California.
    (i) [Reserved for textual description of Unit CA 1: Lake Earl, Del 
Norte County, California]
    (ii) Note: Map of Unit CA 1: Lake Earl, Del Norte County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.021


[[Page 16113]]


    (30) Unit CA 2: Gold Bluffs Beach, Humboldt County, California.
    (i) [Reserved for textual description of Unit CA 2: Gold Bluffs 
Beach, Humboldt County, California]
    (ii) Note: Map of Unit CA 2: Gold Bluffs Beach, Humboldt County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.022


[[Page 16114]]


    (31) Subunit CA 3A: Humboldt Lagoons--Stone Lagoon, Humboldt 
County, California.
    (i) [Reserved for textual description of Subunit CA 3A: Humboldt 
Lagoons--Stone Lagoon, Humboldt County, California]
    (ii) Note: Subunit CA 3A: Humboldt Lagoons--Stone Lagoon, Humboldt 
County, California is depicted on the map in paragraph (32)(ii) of this 
entry.
    (32) Subunit CA 3B: Humboldt Lagoons--Big Lagoon, Humboldt County, 
California.
    (i) [Reserved for textual description of Subunit CA 3B: Humboldt 
Lagoons--Big Lagoon, Humboldt County, California]
    (ii) Note: Map of Subunits CA 3A Humboldt Lagoons--Stone Lagoon and 
CA 3B: Humboldt Lagoons--Big Lagoon, Humboldt County, California, 
follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.023


[[Page 16115]]


    (33) Subunit CA 4A: Clam Beach/Little River, Humboldt County, 
California.
    (i) [Reserved for textual description of Subunit CA 4A: Clam Beach/
Little River, Humboldt County, California]
    (ii) Note: Subunit CA 4A: Clam Beach/Little River, Humboldt County, 
California is depicted on the map in paragraph (34)(ii) of this entry:
    (34) Subunit CA 4B: Mad River, Humboldt County, California.
    (i) [Reserved for textual description of Subunit CA 4B: Mad River, 
Humboldt County, California]
    (ii) Note: Map of Subunits CA 4A: Clam Beach/Little River and CA 
4B: Mad River, Humboldt County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.024


[[Page 16116]]


    (35) Subunit CA 5A: Humboldt Bay South Spit, Humboldt County, 
California.
    (i) [Reserved for textual description of Subunit CA 5A: Humboldt 
Bay South Spit, Humboldt County, California]
    (ii) Note: Subunit CA 5A: Humboldt Bay South Spit, Humboldt County, 
California, is depicted on the map in paragraph (36)(ii) of this entry.
    (36) Subunit CA 5B: Eel River North Spit/Beach, Humboldt County, 
California.
    (i) [Reserved for textual description of Subunit CA 5B: Eel River 
North Spit/Beach, Humboldt County, California]
    (ii) Note: Map of Subunit CA 5A: Humboldt Bay South Spit and CA 5B: 
Eel River North Spit/Beach, Humboldt County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.025


[[Page 16117]]


    (37) Subunit CA 5C: Eel River South Spit/Beach, Humboldt County, 
California.
    (i) [Reserved for textual description of Subunit CA 5C: Eel River 
South Spit/Beach, Humboldt County, California]
    (ii) Note: Map of Subunit CA 5C: Eel River South Spit/Beach, 
Humboldt County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.026


[[Page 16118]]


    (38) Unit CA 6: Eel River Gravel Bars, Humboldt County, California.
    (i) [Reserved for textual description of Unit CA 6: Eel River 
Gravel Bars, Humboldt County, California]
    (ii) Note: Map of Unit CA 6: Eel River Gravel Bars, Humboldt 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.027


[[Page 16119]]


    (39) Unit CA 7: MacKerricher Beach, Mendocino County, California.
    (i) [Reserved for textual description of Unit CA 7: MacKerricher 
Beach, Mendocino County, California]
    (ii) Note: Map of Unit CA 7: MacKerricher Beach, Mendocino County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.028


[[Page 16120]]


    (40) Unit CA 8: Manchester Beach, Mendocino County, California.
    (i) [Reserved for textual description of Unit CA 8: Manchester 
Beach, Mendocino County, California]
    (ii) Note: Map of Unit CA 8: Manchester Beach, Mendocino County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.029


[[Page 16121]]


    (41) Unit CA 9: Dillon Beach, Marin County, California.
    (i) [Reserved for textual description of Unit CA 9: Dillon Beach, 
Marin County, California]
    (ii) Note: Map of Unit CA 9: Dillon Beach, Marin County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.030


[[Page 16122]]


    (42) Subunit CA 10A: Point Reyes, Marin County, California.
    (i) [Reserved for textual description of Subunit CA 10A: Point 
Reyes, Marin County, California]
    (ii) Note: Subunit CA 10A: Point Reyes, Marin County, California, 
is depicted on the map in paragraph (43)(ii) of this entry.
    (43) Subunit CA 10B: Limantour, Marin County, California.
    (i) [Reserved for textual description of Subunit CA 10B: Limantour, 
Point Reyes, Marin County, California]
    (ii) Note: Map of Subunits CA 10A: Point Reyes and CA 10B: 
Limantour, Marin County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.031


[[Page 16123]]


    (44) Unit CA 11: Napa, Napa County, California.
    (i) [Reserved for textual description of Unit CA 11: Napa, Napa 
County, California]
    (ii) Note: Map of Unit CA 11: Napa, Napa County, California, 
follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.032


[[Page 16124]]


    (45) Unit CA 12: Hayward, Alameda County, California.
    (i) [Reserved for textual description of Unit CA 12: Hayward, 
Alameda County, California]
    (ii) Note: Map of Unit CA 12: Hayward, Alameda County, California, 
follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.033


[[Page 16125]]


    (46) Subunit CA 13A: Eden Landing, Alameda County, California.
    (i) [Reserved for textual description of Subunit CA 13A: Eden 
Landing, Alameda County, California]
    (ii) Note: Subunit CA 13A: Eden Landing, Alameda County, 
California, is depicted on the map in paragraph (48)(ii) of this entry.
    (47) Subunit CA 13B: Eden Landing, Alameda County, California.
    (i) [Reserved for textual description of Subunit CA 13B: Eden 
Landing, Alameda County, California]
    (ii) Note: Subunit CA 13B: Eden Landing, Alameda County, 
California, is depicted on the map in paragraph (48)(ii) of this entry.
    (48) Subunit CA 13C: Eden Landing, Alameda County, California.
    (i) [Reserved for textual description of Subunit CA 13C: Eden 
Landing, Alameda County, California]
    (ii) Note: Map of Subunits CA 13A, CA 13B, and CA 13C: Eden 
Landing, Alameda County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.034


[[Page 16126]]


    (49) Unit CA 14: Ravenswood, San Mateo County, California.
    (i) [Reserved for textual description of Unit CA 14: Ravenswood, 
San Mateo County, California]
    (ii) Note: Map of Unit CA 14: Ravenswood, San Mateo County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.035


[[Page 16127]]


    (50) Unit CA 15: Warm Springs, San Mateo County, California.
    (i) [Reserved for textual description of Unit CA 15: Warm Springs, 
San Mateo County, California]
    (ii) Note: Map of Unit CA 15: Warm Springs, San Mateo County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.036


[[Page 16128]]


    (51) Unit CA 16: Half Moon Bay, San Mateo County, California.
    (i) [Reserved for textual description of Unit CA 16: Half Moon Bay, 
San Mateo County, California]
    (ii) Note: Map of Unit CA 16: Half Moon Bay, San Mateo County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.037


[[Page 16129]]


    (52) Unit CA 17: Waddell Creek Beach, Santa Cruz County, 
California.
    (i) [Reserved for textual description of Unit CA 17: Waddell Creek 
Beach, Santa Cruz County, California]
    (ii) Note: Map of Unit CA 17: Waddell Creek Beach, Santa Cruz 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.038


[[Page 16130]]


    (53) Unit CA 18: Scott Beach Creek, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit CA 18: Scott Beach 
Creek, Santa Cruz County, California]
    (ii) Note: Map of Unit CA 18: Scott Beach Creek, Santa Cruz County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.039


[[Page 16131]]


    (54) Unit CA 19: Wilder Creek Beach, Santa Cruz County, California.
    (i) [Reserved for textual description of Unit CA 19: Wilder Creek 
Beach, Santa Cruz County, California]
    (ii) Note: Map of Unit CA 19: Wilder Creek Beach, Santa Cruz 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.040


[[Page 16132]]


    (55) Note: Index map of critical habitat units for the Pacific 
Coast western snowy plover (Charadrius alexandrinus nivosus) in 
Southern California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.041


[[Page 16133]]


    (56) Unit CA 20: Jetty Road to Aptos, Santa Cruz County, 
California.
    (i) [Reserved for textual description of Unit CA 20: Jetty Road to 
Aptos, Santa Cruz County, California]
    (ii) Note: Unit CA 20: Jetty Road to Aptos, Santa Cruz County, 
California is depicted on the map in paragraph (57)(ii) of this entry.
    (57) Unit CA 21: Elkhorn Slough Mudflats, Monterey County, 
California.
    (i) [Reserved for textual description of Unit CA 21: Elkhorn Slough 
Mudflats, Monterey County, California]
    (ii) Note: Map of Unit CA 20: Jetty Road to Aptos and Unit CA 21: 
Elkhorn Slough Mudflats, Monterey County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.042


[[Page 16134]]


    (58) Unit CA 22: Monterey to Moss Landing, Monterey County, 
California.
    (i) [Reserved for textual description of Unit CA 22: Monterey to 
Moss Landing, Monterey County, California]
    (ii) Note: Map of Unit CA 22: Monterey to Moss Landing, Monterey 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.043


[[Page 16135]]


    (59) Unit CA 23: Point Sur Beach, Monterey County, California.
    (i) [Reserved for textual description of Unit CA 23: Point Sur 
Beach, Monterey County, California]
    (ii) Note: Map of Unit CA 23: Point Sur Beach, Monterey County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.044


[[Page 16136]]


    (60) Unit CA 24: San Carpoforo Creek, Monterey and San Luis Obispo 
Counties, California.
    (i) [Reserved for textual description of Unit CA 24: San Carpoforo 
Creek, Monterey and San Luis Obispo Counties]
    (ii) Note: Map of Unit CA 24: San Carpoforo Creek, Monterey and San 
Luis Obispo Counties, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.045


[[Page 16137]]


    (61) Unit CA 25: Arroyo Laguna Creek, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit CA 25: Arroyo Laguna 
Creek, San Luis Obispo County, California]
    (ii) Note: Map of Unit CA 25: Arroyo Laguna Creek, San Luis Obispo 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.046


[[Page 16138]]


    (62) Unit CA 26: San Simeon State Beach, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit CA 26: San Simeon 
State Beach, San Luis Obispo County, California]
    (ii) Note: Map of Unit CA 26: San Simeon State Beach, San Luis 
Obispo County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.047


[[Page 16139]]


    (63) Unit CA 27: Villa Creek Beach, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit CA 27: Villa Creek 
Beach, San Luis Obispo County, California]
    (ii) Note: Map of Unit CA 27: Villa Creek Beach, San Luis Obispo 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.048


[[Page 16140]]


    (64) Unit CA 28: Toro Creek, San Luis Obispo County, California.
    (i) [Reserved for textual description of Unit CA 28: Toro Creek, 
San Luis Obispo County, California]
    (ii) Note: Unit CA 28: Toro Creek, San Luis Obispo County, 
California, is depicted on the map in paragraph (65)(ii) of this entry.
    (65) Unit CA 29: Atascadero Beach/Moro Strands State Beach, San 
Luis Obispo County, California.
    (i) [Reserved for textual description of Unit CA 29: Atascadero 
Beach/Moro Strands State Beach, San Luis Obispo County, California]
    (ii) Note: Map of Units CA 28: Toro Creek and CA 29: Atascadero 
Beach/Moro Strands State Beach, San Luis Obispo County, California, 
follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.049


[[Page 16141]]


    (66) Unit CA 30: Moro Bay Beach, San Luis Obispo County, 
California.
    (i) [Reserved for textual description of Unit CA 30: Moro Bay 
Beach, San Luis Obispo County, California]
    (ii) Note: Map of Unit CA 30: Moro Bay Beach, San Luis Obispo 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.050


[[Page 16142]]


    (67) Unit CA 31: Pismo Beach/Nipomo Dunes, San Luis Obispo and 
Santa Barbara Counties, California.
    (i) [Reserved for textual description of Unit CA 31: Pismo Beach/
Nipomo Dunes, San Luis Obispo and Santa Barbara Counties, California]
    (ii) Note: Map of Unit CA 31: Pismo Beach/Nipomo Dunes, San Luis 
Obispo and Santa Barbara Counties, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.051


[[Page 16143]]


    (68) Unit CA 32: Vandenberg North, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit CA 32: Vandenberg 
North, Santa Barbara County, California]
    (ii) Note: Unit CA 32: Vandenberg North, Santa Barbara County, 
California, is depicted on the map in paragraph (69)(ii) of this entry.
    (69) Unit CA 33: Vandenberg South, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit CA 33: Vandenberg 
South, Santa Barbara County, California]
    (ii) Note: Map of Unit CA 32: Vandenberg North and Unit CA 33: 
Vandenberg South, Santa Barbara County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.052


[[Page 16144]]


    (70) Unit CA 34: Devereaux Beach, Santa Barbara County, California.
    (i) [Reserved for textual description of Unit CA 34: Devereaux 
Beach, Santa Barbara County, California]
    (ii) Note: Map of Unit CA 34: Devereaux Beach, Santa Barbara 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.053


[[Page 16145]]


    (71) Unit CA 35: Santa Barbara Beaches, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit CA 35: Santa Barbara 
Beaches, Santa Barbara County, California]
    (ii) Note: Map of Unit CA 35: Santa Barbara Beaches, Santa Barbara 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.054


[[Page 16146]]


    (72) Unit CA 36: Santa Rosa Island Beaches, Santa Barbara County, 
California.
    (i) [Reserved for textual description of Unit CA 36: Santa Rosa 
Island Beaches, Santa Barbara County, California]
    (ii) Note: Map of Unit CA 36: Santa Rosa Island Beaches, Santa 
Barbara County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.055


[[Page 16147]]


    (73) Unit CA 37: San Buenaventura Beach, Ventura County, 
California.
    (i) [Reserved for textual description of Unit CA 37: San 
Buenaventura Beach, Ventura County, California]
    (ii) Note: Map of Unit CA 37: San Buenaventura Beach, Ventura 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.056


[[Page 16148]]


    (74) Unit CA 38: Mandalay to Santa Clara River, Ventura County, 
California.
    (i) [Reserved for textual description of Unit CA 38: Mandalay to 
Santa Clara River, Ventura County, California]
    (ii) Note: Map of Unit CA 38: Mandalay to Santa Clara River, 
Ventura County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.057


[[Page 16149]]


    (75) Unit CA 39: Ormand Beach, Ventura County, California.
    (i) [Reserved for textual description of Unit CA 39: Ormand Beach, 
Ventura County, California]
    (ii) Note: Map of Unit CA 39: Ormand Beach, Ventura County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.058


[[Page 16150]]


    (76) Unit CA 43: Zuma Beach, Los Angeles County, California.
    (i) [Reserved for textual description of Unit CA 43: Zuma Beach, 
Los Angeles County, California]
    (ii) Note: Map of Unit CA 43: Zuma Beach, Los Angeles County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.059


[[Page 16151]]


    (77) Unit CA 44: Malibu Beach, Los Angeles County, California.
    (i) [Reserved for textual description of Unit CA 44: Malibu Beach, 
Los Angeles County, California]
    (ii) Note: Map of Unit CA 44: Malibu Beach, Los Angeles County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.060


[[Page 16152]]


    (78) Subunit CA 45A: Santa Monica Beach, Los Angeles County, 
California.
    (i) [Reserved for textual description of Subunit CA 45A: Santa 
Monica Beach, Los Angeles County, California]
    (ii) Note: Map of Subunit CA 45A: Santa Monica Beach, Los Angeles 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.061


[[Page 16153]]


    (79) Subunit CA 45B: Dockweiler North, Los Angeles County, 
California.
    (i) [Reserved for textual description of Subunit CA 45B: Dockweiler 
North, Los Angeles County, California]
    (ii) Note: Subunit CA 45B: Dockweiler North, Los Angeles County, 
California is depicted on the map in paragraph (80)(ii) of this entry.
    (80) Subunit CA 45C: Dockweiler South, Los Angeles County, 
California.
    (i) [Reserved for textual description of Subunit CA 45C: Dockweiler 
South, Los Angeles County, California]
    (ii) Note: Map of Subunit CA 45B: Dockweiler North and CA 45C: 
Dockweiler South, Los Angeles County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.062


[[Page 16154]]


    (81) Subunit CA 45D: Hermosa State Beach, Los Angeles County, 
California.
    (i) [Reserved for textual description of Subunit CA 45D: Hermosa 
State Beach, Los Angeles County, California]
    (ii) Note: Map of Subunit CA 45D: Hermosa State Beach, Los Angeles 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.063


[[Page 16155]]


    (82) Subunit CA 46A: Bolsa Chica Reserve, Orange County, 
California.
    (i) [Reserved for textual description of Subunit CA 46A: Bolsa 
Chica Reserve, Orange County, California]
    (ii) Note: Subunit CA 46A: Bolsa Chica Reserve, Orange County, 
California, is depicted on the map in paragraph (86)(ii) of this entry.
    (83) Subunit CA 46B: Bolsa Chica Reserve, Orange County, 
California.
    (i) [Reserved for textual description of Subunit CA 46B: Bolsa 
Chica Reserve, Orange County, California]
    (ii) Note: Subunit CA 46B: Bolsa Chica Reserve, Orange County, 
California, is depicted on the map in paragraph (86)(ii) of this entry.
    (84) Subunit CA 46C: Bolsa Chica Reserve, Orange County, 
California.
    (i) [Reserved for textual description of Subunit CA 46C: Bolsa 
Chica Reserve, Orange County, California]
    (ii) Note: Subunit CA 46C: Bolsa Chica Reserve, Orange County, 
California, is depicted on the map in paragraph (86)(ii) of this entry.
    (85) Subunit CA 46D: Bolsa Chica Reserve, Orange County, 
California.
    (i) [Reserved for textual description of Subunit CA 46D: Bolsa 
Chica Reserve, Orange County, California]
    (ii) Note: Subunit CA 46D: Bolsa Chica Reserve, Orange County, 
California, is depicted on the map in paragraph (86)(ii) of this entry.
    (86) Subunit CA 46E: Bolsa Chica State Beach, Orange County, 
California.
    (i) [Reserved for textual description of Subunit CA 46E: Bolsa 
Chica State Beach, Orange County, California]
    (ii) Note: Map of Subunits CA 46A-46E: Bolsa Chica Reserve, Orange 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.064


[[Page 16156]]


    (87) Unit CA 47: Santa Ana River Mouth, Orange County, California.
    (i) [Reserved for textual description of Unit CA 47: Santa Ana 
River South, Orange County, California]
    (ii) Note: Map of Unit CA 47: Santa Ana River Mouth, Orange County, 
California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.065


[[Page 16157]]


    (88) Unit CA 48: Balboa Beach, Orange County, California.
    (i) [Reserved for textual description of Unit CA 48: Balboa Beach, 
Orange County, California.]
    (ii) Note: Map of Unit CA 48: Balboa Beach, Orange County, 
California. follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.066


[[Page 16158]]


    (89) Subunit CA 50A: Batiquitos Lagoon, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 50A: Batiquitos 
Lagoon, San Diego County, California.]
    (ii) Note: Subunit CA 50A: Batiquitos Lagoon, San Diego County, 
California is depicted on the map in paragraph (91)(ii) of this entry.
    (90) Subunit CA 50B: Batiquitos Lagoon, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 50B: Batiquitos 
Lagoon, San Diego County, California]
    (ii) Note: Subunit CA 50B: Batiquitos Lagoon, San Diego County, 
California is depicted on the map in paragraph (91)(ii) of this entry.
    (91) Subunit CA 50C: Batiquitos Lagoon, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 50C: Batiquitos 
Lagoon, San Diego County, California]
    (ii) Note: Map of Subunits CA 50A-50C: Batiquitos Lagoon, San Diego 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.067


[[Page 16159]]


    (92) Subunit CA 51A: San Elijo Lagoon Ecological Reserve, San Diego 
County, California.
    (i) [Reserved for textual description of Subunit 51A: San Elijo 
Lagoon Ecological Reserve, San Diego County, California]
    (ii) Note: Subunit 51A: San Elijo Lagoon Ecological Reserve, San 
Diego County, California, is depicted on the map in paragraph (94)(ii) 
of this entry.
    (93) Subunit CA 51B: San Elijo Lagoon Ecological Reserve, San Diego 
County, California.
    (i) [Reserved for textual description of Subunit CA 51B: San Elijo 
Lagoon Ecological Reserve, San Diego County, California]
    (ii) Note: Subunit CA 51B: San Elijo Lagoon Ecological Reserve, San 
Diego County, California, is depicted on the map in paragraph (94)(ii) 
of this entry.
    (94) Subunit CA 51C: San Elijo Lagoon Ecological Reserve, San Diego 
County, California.
    (i) [Reserved for textual description of Subunit CA 51C: San Elijo 
Lagoon Ecological Reserve, San Diego County, California]
    (ii) Note: Map of Subunits CA 51A-51C: San Elijo Lagoon Ecological 
Reserve, San Diego County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.068


[[Page 16160]]


    (95) Subunit CA 52A: San Dieguito Lagoon, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 52A: San 
Dieguito Lagoon, San Diego County, California]
    (ii) Note: Subunit CA 52A: San Dieguito Lagoon, San Diego County, 
California, is depicted on the map in paragraph (97)(ii) of this entry.
    (96) Subunit CA 52B: San Dieguito Lagoon, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 52B: San 
Dieguito Lagoon, San Diego County, California]
    (ii) Note: Subunit CA 52B: San Dieguito Lagoon, San Diego County, 
California, is depicted on the map in paragraph (97)(ii) of this entry.
    (97) Subunit CA 52C: San Dieguito Lagoon, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 52C: San 
Dieguito Lagoon, San Diego County, California]
    (ii) Note: Map of Subunits CA 52A-52C: San Dieguito Lagoon, San 
Diego County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.069


[[Page 16161]]


    (98) Unit CA 53: Los Penasquitos Lagoon, San Diego County, 
California.
    (i) [Reserved for textual description of Unit CA 53: Los 
Penasquitos Lagoon, San Diego County, California.]
    (ii) Note: Map of Unit CA 53: Los Penasquitos Lagoon, San Diego 
County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.070


[[Page 16162]]


    (99) Subunit CA 54A: Fiesta Island, San Diego County, California.
    (i) [Reserved for textual description of Subunit CA 54A: Fiesta 
Island, San Diego County, California]
    (ii) Note: Subunit CA 54A: Fiesta Island, San Diego County, 
California, is depicted on the map in paragraph (102)(ii) of this 
entry.
    (100) Subunit CA 54B: Mariner's Point, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 54B: Mariner's 
Point, San Diego County, California]
    (ii) Note: Subunit CA 54B: Mariner's Point, San Diego County, 
California, is depicted on the map in paragraph (102)(ii) of this 
entry.
    (101) Subunit CA 54C: South Mission Beach, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 54C: South 
Mission Beach, San Diego County, California]
    (ii) Note: Subunit CA 54C: South Mission Beach, San Diego County, 
California is depicted on the map in paragraph (102)(ii) of this entry.
    (102) Subunit CA 54D: San Diego River Channel, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 54D: San Diego 
River Channel, San Diego County, California]
    (ii) Note: Map of Subunits CA 54A-54D: San Diego River Channel, San 
Diego County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.071


[[Page 16163]]


    (103) Subunit CA 55B: Coronado Beach, San Diego County, California.
    (i) [Reserved for textual description of Subunit CA 55B: Coronado 
Municipal Beach, San Diego County, California]
    (ii) Note: Map of Subunit CA 55B: Coronado Beach, San Diego County, 
California follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.072


[[Page 16164]]


    (104) Subunit CA 55E: Sweetwater Marsh National Wildlife Refuge, 
San Diego County, California.
    (i) [Reserved for textual description of Subunit CA 55E: Sweetwater 
Marsh National Wildlife Refuge, San Diego County, California]
    (ii) Note: Subunit CA 55E: Sweetwater Marsh National Wildlife 
Refuge, San Diego County, California, is depicted on the map in 
paragraph (107)(ii) of this entry.
    (105) Subunit CA 55F: Silver Strand State Beach, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 55F: Silver 
Strand State Beach, San Diego County, San Diego County, California]
    (ii) Note: Subunit CA 55F: Silver Strand State Beach, San Diego 
County, San Diego County, California, is depicted on the map in 
paragraph (107)(ii) of this entry.
    (106) Subunit CA 55G: Chula Vista Wildlife Reserve, San Diego 
County, California.
    (i) [Reserved for textual description of Subunit CA 55G: Chula 
Vista Wildlife Reserve, San Diego County, California]
    (ii) Note: Subunit CA 55G: Chula Vista Wildlife Reserve, San Diego 
County, California, is depicted on the map in paragraph (107)(ii) of 
this entry.
    (107) Subunit CA 55I: San Diego National Wildlife Refuge--South Bay 
Unit, San Diego County, California.
    (i) [Reserved for textual description of Subunit CA 55I: San Diego 
National Wildlife Refuge--South Bay Unit, San Diego County, California]
    (ii) Note: Map of Subunit CA 55E: Sweetwater Marsh National 
Wildlife Refuge, CA 55F: Silver Strand State Beach, CA 55G: Chula Vista 
Wildlife Reserve, and CA 55I: San Diego National Wildlife Refuge--South 
Bay Unit, San Diego County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.073


[[Page 16165]]


    (108) Subunit CA 55J: Tijuana Estuary and Beach, San Diego County, 
California.
    (i) [Reserved for textual description of Subunit CA 55J: Tijuana 
Estuary and Beach, San Diego County, California]
    (ii) Note: Map of Subunit CA 55J: Tijuana Estuary and Beach, San 
Diego County, California, follows:
[GRAPHIC] [TIFF OMITTED] TP22MR11.074

* * * * *

    Dated: February 25, 2011.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-4906 Filed 3-21-11; 8:45 am]
BILLING CODE 4310-55-C