[Federal Register: December 7, 1999 (Volume 64, Number 234)]

[Rules and Regulations]               

[Page 68507-68544]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07de99-7]                         





[[Page 68507]]



_______________________________________________________________________



Part III











Department of the Interior











_______________________________________________________________________







Fish and Wildlife Service







_______________________________________________________________________







50 CFR Part 17







Endangered and Threatened Wildlife and Plants; Designation of Critical 

Habitat for the Pacific Coast Population of the Western Snowy Plover; 

Final Rule





[[Page 68508]]







DEPARTMENT OF THE INTERIOR



Fish and Wildlife Service



50 CFR Part 17



RIN 1018-AD10



 

Endangered and Threatened Wildlife and Plants; Designation of 

Critical Habitat for the Pacific Coast Population of the Western Snowy 

Plover



AGENCY: Fish and Wildlife Service, Interior.



ACTION: Final rule.



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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 28 

areas along the coast of California, Oregon, and Washington as critical 

habitat for the Pacific coast vertebrate population segment of the 

western snowy plover (Charadrius alexandrinus nivosus). This small 

shorebird is listed as a threatened species under the Endangered 

Species Act of 1973, as amended (Act). Section 7 of the Act requires 

Federal agencies to ensure that actions they authorize, fund, or carry 

out are not likely to destroy or adversely modify designated critical 

habitat. As required by section 4 of the Act, we considered economic 

and other relevant impacts prior to making a final decision on the size 

and configuration of critical habitat.



EFFECTIVE DATE: This final rule is effective January 6, 2000.



ADDRESSES: The complete administrative record for this rule is on file 

at the U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife 

Office, 2800 Cottage Way, Room W-2605, Sacramento, California 95825. 

The complete file for this rule is available for public inspection, by 

appointment, during normal business hours at the above address.



FOR FURTHER INFORMATION CONTACT: Ms. Karen J. Miller, Endangered 

Species Division Chief, at the above address (telephone 916/414-6600, 

facsimile 916/414-6713).



SUPPLEMENTARY INFORMATION:



Background



    The western snowy plover, which is 1 of 12 subspecies of the snowy 

plover (Rittinghaus 1961 in Jacobs 1986), is a small, pale-colored 

shorebird with dark patches on either side of the upper breast. The 

species was first described in 1758 by Linnaeus (American 

Ornithologists' Union 1957). The Pacific coast population of the 

western snowy plover (Charadrius alexandrinus nivosus) is defined as 

those individuals that nest adjacent to tidal waters, and includes all 

nesting birds on the mainland coast, peninsulas, offshore islands, 

adjacent bays, estuaries, and coastal rivers. For a complete discussion 

of the ecology and life history of this subspecies, see our March 5, 

1993, final rule listing the coastal population of the western snowy 

plover as a threatened species (58 FR 12864).

    The Pacific coast population of the western snowy plover breeds 

primarily on coastal beaches from southern Washington to southern Baja 

California, Mexico. This habitat is unstable because of unconsolidated 

soils, high winds, storms, wave action, and colonization by plants. 

Sand spits, dune-backed beaches, beaches at creek and river mouths, and 

salt pans at lagoons and estuaries are the preferred habitats for 

nesting (Wilson 1980; Stenzel et al. 1981). Less common nesting 

habitats include bluff-backed beaches, dredged material disposal sites, 

salt pond levees, dry salt ponds, and river bars (Wilson 1980; Page and 

Stenzel 1981; Powell et al. 1996; Tuttle et al. 1997).

    Most breeding occurs from southern San Francisco Bay to southern 

Baja California (Page and Stenzel 1981; Palacios et al. 1994). Recent 

surveys, status reviews and literature searches have identified 157 

current or historical snowy plover breeding or wintering locations on 

the U.S. Pacific coast--5 in Washington, 19 in Oregon, and 133 in 

California. In Baja, breeding plovers concentrate at coastal wetland 

complexes as far south as Bahia Magdalena (Palacios et al. 1994). A 

survey of breeding snowy plovers along the Pacific coast of Baja 

California in 1991-92 found 1,344 adults, mostly at 4 coastal wetland 

complexes: Bahia San Quintin; Laguna Ojo de Liebre and Laguna Guerrero 

Negro; Laguna San Ignacio; and Bahia Magdalena (Palacios et al. 1994).

    The fledging success of snowy plovers varies greatly by location 

and year. Even plovers nesting on neighboring beach segments may 

exhibit quite different success in the same year. For example, the 

percentage of chicks fledged on different beach segments of Monterey 

Bay in 1997 varied from 11 to 59 percent and averaged 24 percent 

overall (Page et al. 1997). During the prior 13 years, the percentage 

of young fledged on Monterey Bay beaches averaged 39 percent (Page et 

al. 1997). From the former Moss Landing salt ponds (now the Moss 

Landing Wildlife Area) in Monterey Bay, the fledging rate of chicks 

ranged from 13.2 percent to 57.1 percent (mean = 41.4 percent) from 

1988 to 1997. In San Diego County, the fledging rate of chicks ranged 

from 32.6 to 51.4 percent (mean = 41 percent) from 1994 through 1998 

(Powell et al. 1997). In Oregon, annual fledging success for 1992 to 

1997 for all coastal sites combined ranged from 30 to 48 percent, with 

an annual mean of 38 percent (M. Stern, Oregon Natural Heritage 

Program, unpubl. data). Like California, in Oregon, considerable 

variation occurs among sites within years. For example, in 1997, the 

fledging rate ranged from a low of 14 percent at Sutton to a high of 66 

percent at South Tenmile. Variation also occurs at individual sites 

among years. For example, at the Coos Bay North Spit, one of the larger 

nesting areas in coastal Oregon, annual fledging rates for 1993 to 1997 

ranged from 32 to 63 percent, with a mean of 46 percent.

    In western North America, both the interior and Pacific coast 

populations winter mainly in coastal areas from southern Washington to 

Central America (Page et al. 1995a). A small number winter at two 

locations on the Washington coast, the northernmost being Midway Beach 

in Pacific County (S. Richardson, Washington Department of Fish and 

Wildlife, pers. comm. 1998). Fewer than 100 plovers winter at 9 

locations on the Oregon coast, probably as many as 2,500 along the 

mainland California coast, and hundreds more in each of San Francisco 

Bay and the Channel Islands (Page et al. 1986). The majority of 

wintering plovers on the California coast are found from Bodega Bay, 

Sonoma County, southward (Page et al. 1986). Because of their 

similarity of appearance, wintering individuals from the interior and 

Pacific coast populations are virtually indistinguishable.

    Nesting birds from the Oregon coast have wintered as far south as 

Monterey Bay on the central coast of California. Birds from Monterey 

Bay have wintered north to Bandon, Oregon, and south to Guerrero Negro, 

Baja California (Page et al. 1995a). Birds from San Diego in southern 

California have wintered north to Vandenberg Air Force Base in Santa 

Barbara County and south to Scammon's Lagoon, Baja California (Powell 

et al. 1995, 1996, 1997).

    In winter, plovers are found on many of the beaches used for 

nesting but also on beaches not used for nesting. They also visit 

manmade salt ponds and estuarine sand and mud flats. In California, the 

majority of wintering plovers concentrate on sand spits and dune-backed 

beaches. Some also occur on urban and bluff-backed beaches, which are 

rarely used for nesting (Page et al. 1986). Pocket beaches at the 

mouths of creeks and rivers on otherwise rocky shorelines are also used



[[Page 68509]]



by wintering plovers. In Washington, the main wintering location is 

Leadbetter Point, Willapa Bay (Washington Department of Fish and 

Wildlife 1995).

    The breeding season for western snowy plovers extends from early 

March to late September, with birds at more southerly locations 

beginning to nest earlier in the season than birds at more northerly 

locations. Activities that define the nesting season are courtship, 

copulation, nest scraping, egg laying, incubation, and rearing of the 

young to the fledgling stage. The wintering season generally extends 

roughly from October to February but often overlaps the nesting season 

with birds arriving on wintering areas as early as midsummer.



Previous Federal Actions



    On March 24, 1988, we received a petition from Dr. J.P. Myer of the 

National Audubon Society to list the Pacific coast population of the 

western snowy plover as a threatened species under the Act. On November 

14, 1988, we published a 90-day petition finding (53 FR 45788) that 

substantial information had been presented indicating the requested 

action might be warranted. At that time we acknowledged that questions 

pertaining to the demarcation of the subspecies and significance of 

interchange between coastal and interior stocks of the subspecies 

remained to be answered. Public comments were requested on the status 

of the coastal population of the western snowy plover. A status review 

of the entire subspecies had been in progress since our December 30, 

1982, Vertebrate Notice of Review (47 FR 58454). In that notice, as in 

subsequent notices of review (September 18, 1985 (50 FR 37958); January 

6, 1989 (54 FR 554)), the western snowy plover was included as a 

category two candidate. Category two encompassed species for which 

information in our possession indicated that proposing to list as 

endangered or threatened was possibly appropriate, but for which 

conclusive data on biological vulnerability and threat were not 

currently available to support proposed rules.

    We closed the public comment period on the petition on July 11, 

1989 (54 FR 26811, June 26, 1989). In September 1989, we completed a 

status report on the western snowy plover. Based on the best scientific 

and commercial data available, including comments submitted during the 

status review, we made a 12-month petition finding on June 25, 1990, 

that the petitioned action was warranted but precluded by other pending 

listing actions, in accordance with section 4(b)(3)(B)(iii) of the Act.

    On January 14, 1992 (57 FR 1443), we published a proposal to list 

the coastal population of the western snowy plover as a threatened 

species. After a review of the best scientific and commercial data 

available and all comments received in response to the proposed rule, 

we published a final rule to list the coastal population of the western 

snowy plover as a threatened species on March 5, 1993 (58 FR 12864), 

and thereby initiated the protections applicable to listed species. We 

did not propose to designate critical habitat for the snowy plover 

within the proposed or final listing rulemaking because we found that 

critical habitat was not then determinable.

    On November 30, 1994, the Environmental Defense Center filed a 

lawsuit in Federal District Court against the Secretary of the Interior 

(Secretary) for failure to designate critical habitat for the coastal 

population of the western snowy plover (Environmental Defense Center v. 

Babbitt, Case No. CV 94-5561 ER (SHX) (C.D. Cal.)).

    On March 2, 1995, (60 FR 11768) we proposed designating 28 areas 

along the coast of California, Oregon, and Washington as critical 

habitat. We requested public comments concerning the proposed rule. On 

April 10, 1995, Congress enacted a funding recission and a moratorium 

prohibiting work on final listing actions and critical habitat 

designations (Public Law 104-6). Therefore, all work on the designation 

of critical habitat for the western snowy plover stopped. The 

moratorium was lifted on April 26, 1996, when President Clinton 

approved the Omnibus Budget Reconciliation Act of 1996 and exercised 

the authority that the Act gave him to waive the moratorium. When the 

moratorium was lifted and funds were appropriated for the 

administration of the listing program, the Service faced the 

considerable task of allocating the available resources to the 

significant backlog of listing activities. We received a limited 

appropriation of listing funds for the remainder of fiscal year 1996, 

and on May 16, 1996, we published guidance to restart the listing 

program by assigning relative priorities to listing actions conducted 

under section 4 of the Act (61 FR 24722). Critical habitat 

determinations were the lowest tier (Tier 5) of our listing priorities.

    On December 19, 1995, the Court stayed action in the case, 

Environmental Defense Center v. Babbitt (Case No. CV 94-5561 ER[SHX]), 

because of the listing moratorium. After the funding moratorium was 

lifted, the Court again stayed action in the case in light of a related 

case certified for appeal to the Ninth Circuit. On November 10, 1998, 

Edward Rafeedie, Senior U.S. District Judge denied a further stay and 

issued an order requiring the Secretary of the Interior to publish a 

final designation of critical habitat for the coastal population of the 

western snowy plover before December 1, 1999.

    Due to the court order, processing this final rule designating 

critical habitat for the coastal population of the western snowy plover 

did not conform with our Listing Priority Guidance for Fiscal Year 1998 

and 1999 published on May 8, 1998 (63 FR 25502). That guidance 

clarified the order in which we will process listing actions, giving 

highest priority to processing emergency rules to list species as 

endangered; second priority to processing final determinations on 

proposals to add species to the lists, processing new listing 

proposals, processing administrative findings on petitions, and 

processing a limited number of proposed and final rules to delist or 

reclassify species; and third priority to processing proposed and final 

rules designating critical habitat. Work began on this rule under this 

guidance and on October 22, 1999 (64 FR 57114), we published new 

Listing Priority Guidance for fiscal year 2000. The new guidance does 

not change the way in which we processed this rule.



Critical Habitat



    Critical habitat is defined in section 3 of the Act as--(i) the 

specific areas within the geographic area occupied by a species, at the 

time it is listed in accordance with the Act, on which are found those 

physical or biological features (I) essential to the conservation of 

the species and (II) that may require special management consideration 

or protection and; (ii) specific areas outside the geographic area 

occupied by a species at the time it is listed, upon determination that 

such areas are essential for the conservation of the species. 

``Conservation'' means the use of all methods and procedures that are 

necessary to bring an endangered species or a threatened species to the 

point at which listing under the Act is no longer necessary.

    Section 4(b)(2) of the Act requires that we base critical habitat 

proposals upon the best scientific and commercial data available, after 

taking into consideration the economic impact, and any other relevant 

impact, of specifying any particular area as critical habitat. We may 

exclude areas from critical habitat designation when the benefits of 

exclusion outweigh the benefits of including the areas within critical



[[Page 68510]]



habitat, provided the exclusion will not result in the extinction of 

the species.

    Designating critical habitat does not, in itself, lead to recovery 

of a listed species, but is one of several tools that can be used to 

achieve recovery. Designation of critical habitat can help focus 

conservation activities for a listed species by identifying areas that 

contain the physical and biological features that are essential for the 

conservation of that species. Designation of critical habitat alerts 

the public as well as land-managing agencies to the importance of these 

areas.

    Designating critical habitat also identifies areas that may require 

special management considerations or protection and may provide 

protection to areas where significant threats to the species have been 

identified. Areas designated as critical habitat receive protection 

from the prohibition against destruction or adverse modification 

through required consultation under section 7 of the Act with regard to 

actions carried out, funded, or authorized by a Federal agency. 

Consultation under section 7 does not apply to activities on private or 

other non-Federal lands that do not involve a Federal action. Aside 

from the protection that may be provided under section 7, the Act does 

not provide other forms of protection to lands designated as critical 

habitat.

    Section 7(a)(2) of the Act requires Federal agencies to consult 

with us to ensure that any action authorized, funded, or carried out is 

not likely to jeopardize the continued existence of a threatened or 

endangered species, or result in the destruction or adverse 

modification of critical habitat. ``Jeopardize the continued 

existence'' (of a species) is defined as engaging in action that would 

result in an appreciable reduction in the likelihood of survival and 

recovery of a listed species. ``Destruction or adverse modification'' 

(of critical habitat) is defined as a direct or indirect alteration 

that appreciably diminishes the value of critical habitat for the 

survival and recovery of the listed species for which critical habitat 

was designated. Thus, the definitions of ``jeopardy'' to the species 

and ``adverse modification'' of critical habitat both focus on 

increasing the risk that a listed species will not survive or recover 

(50 CFR 402.02).

    Designation of critical habitat does not create a management plan, 

establish numerical population goals, prescribe specific management 

actions (inside or outside of critical habitat), or directly affect 

areas not designated as critical habitat. Specific management 

recommendations for critical habitat are most appropriately addressed 

in recovery plans and management plans, and through section 7 

consultations and section 10 Habitat Conservation Plans.

    Areas outside of designated critical habitat also may have an 

important role in conservation of a listed species. We may reevaluate 

and revise a designation of critical habitat at any time that new 

information indicates changes are warranted. In considering whether to 

designate additional critical habitat areas in the future, we evaluate 

whether area management plans have been in operation and the extent to 

which the conservation measures of these plans and the recovery plan 

have been implemented and proven successful.



Relationship to Recovery



    The ultimate purpose of listing a species as threatened or 

endangered under the Act is to recover the species to the point at 

which it no longer needs to be listed. The Act mandates the 

conservation of listed species through different mechanisms. Section 

4(f) of the Act authorizes us to develop recovery plans for listed 

species. A recovery plan includes (i) a description of such site-

specific management actions as may be necessary to achieve the plan's 

goal for the conservation and survival of the species, (ii) objective, 

measurable criteria that, when met, would result in a determination 

that the species be removed from the list, and (iii) estimates of the 

time required and cost to carry out those measures needed to achieve 

the plan's goal.

    In 1996, we began the recovery planning process for the snowy 

plover by forming a team of species experts and others involved with 

the plover. The Western Snowy Plover Recovery Team includes 23 members, 

including 7 technical experts and 16 stakeholders (representatives of 

landowner, management, and recreational interests from the Federal, 

State, local, and private sectors). Team members represent geographic 

areas from Grays Harbor, Washington, to San Diego, California. Since 

the team's first meeting in December 1996, it has been assisting in the 

development of our recovery plan. The draft plan will include 

measurable criteria (e.g., target numbers of snowy plovers) that, when 

met, would allow the plover's removal from the Federal list of 

endangered and threatened species. The draft plan also will include all 

actions necessary for the plover's recovery, including habitat 

protection, restoration, enhancement, and management; public outreach 

and education; research; and monitoring. In July 1997, we sent a letter 

to approximately 1,200 landowners and other interested parties to 

obtain input on what information the public would like to see in the 

recovery plan. We anticipate that the draft recovery plan will be 

available for public review and comment in spring 2000. When it becomes 

available, we will publish a notice in the Federal Register.



Primary Constituent Elements



    In accordance with section 3(5)(A)(i) of the Act and regulations at 

50 CFR 424.12, in determining which areas to propose as critical 

habitat, we consider those physical and biological features that are 

essential to the conservation of the species and that may require 

special management considerations or protection. These include, but are 

not limited to, the following:

    Space for individual and population growth, and for normal 

behavior;

    Food, water, air, light, minerals, or other nutritional or 

physiological requirements;

    Cover or shelter;

    Sites for breeding, reproduction, rearing of offspring, 

germination, or seed dispersal; and

    Habitats that are protected from disturbance or are representative 

of the historic geographical and ecological distributions of a species.

    The primary constituent elements for the western snowy plover are 

those habitat components that are essential for the primary biological 

needs of foraging, nesting, rearing of young, roosting, and dispersal, 

or the capacity to develop those habitat components. The primary 

constituent elements are found in areas that support or have the 

potential to support intertidal beaches (between mean low water and 

mean high tide), associated dune systems, and river estuaries. 

Important components of the beach/dune/estuarine ecosystem include 

surf-cast kelp, sparsely vegetated foredunes (beach area immediately in 

front of a sand dune), interdunal flats (flat land between dunes), 

spits, washover areas, blowouts (a hole or cut in a dune caused by 

storm action), intertidal flats (flat land between low and high tides), 

salt flats, flat rocky outcrops, and gravel bars. Several of these 

components (sparse vegetation, salt flats) are mimicked in artificial 

habitat types used less commonly by snowy plovers (i.e., dredge spoil 

sites and salt ponds and adjoining levees).



Methods



    In developing the proposed rule in 1995, we considered (1) existing 

nesting capacity, (2) wintering capacity, (3) geographic location, and 

(4) the need for special management considerations to



[[Page 68511]]



determine those sites to propose as critical habitat. We selected areas 

if they supported 4 nesting pairs or 10 wintering plovers. From this 

process, we identified 28 critical habitat areas totaling approximately 

8,097 hectares (20,000 acres) and about 338.1 kilometers (km) (210 

miles (mi)) of coastline, or about 10 percent of the coastline of 

California, Oregon, and Washington. Of the 28 areas, 19 critical 

habitat areas were proposed in California, 7 in Oregon, and 2 in 

Washington. Within the last decade, these sites provided habitat for 

about 53 percent of nesting and 57 percent of wintering western snowy 

plovers in California; 97 percent of nesting and 98 percent of 

wintering plovers in Oregon; and 86 percent of nesting and 78 percent 

of wintering plovers in Washington. The percentages for California are 

lower than for Oregon and Washington due to the number of areas in 

California that were not proposed because of existing protections, or 

because of conflicts with other listed species' needs.

    In the March 2, 1995, proposed rule, we did not propose as critical 

habitat various habitat areas where adequate protection for the western 

snowy plover is already provided. These areas included lands managed 

for plover nesting and wintering habitat within three National Wildlife 

Refuge complexes--Willapa National Wildlife Refuge in Washington, 

Salinas National Wildlife Refuge, the Southern California Coastal 

Complex in California, and lands owned and/or managed by the National 

Park Service in California. We did not propose nesting areas on the 

U.S. Marine Corps' Camp Pendleton in San Diego County, California, 

because we had nearly completed a consultation under section 7 with the 

Marine Corps (Department of the Navy) to protect nesting plovers on 

military land. We completed formal consultation on October 30, 1995 

(see Issue (3f) for further information).

    We also did not propose sites where a critical habitat designation 

would conflict with the survival and recovery objectives of other 

listed species. We identified conflicts between the habitat needs of 

snowy plovers and biological objectives for the California clapper rail 

(Rallus longirostris obsoletus) and salt marsh harvest mouse 

(Reithrodontomys raviventris) in San Francisco Bay and light-footed 

clapper rail (Rallus longirostris levipes) in southern California. The 

two rails and the mouse are federally listed endangered species whose 

survival and recovery is contingent, in part, on the restoration of 

diked salt ponds and diked lagoons to tidal salt marsh. We knew these 

diked habitats also supported some breeding, feeding and sheltering 

habitat for snowy plovers in San Francisco Bay and southern California. 

We proposed that recovery for the coastal population of the western 

snowy plover should, in most cases, focus on coastal beaches and not 

include artificial habitats created by manmade lagoons or salt ponds.

    During the recovery planning process that began in 1996, the 

recovery team provided additional information indicating that other 

areas on the Pacific coast support larger populations of nesting and/or 

wintering birds than was known at the time the proposed rule was 

published. The recovery team also concluded that maintenance of nesting 

populations of western snowy plovers in manmade habitats, particularly 

the salt ponds of San Francisco Bay, is integral to recovery of the 

coastal population. We will soon publish a draft recovery plan for the 

coastal population of the western snowy plover and request public 

comment. The draft recovery plan may recommend the maintenance and 

management of some diked habitats for the recovery of the snowy plover. 

We will continue to review available survey data and analyze all public 

comments on the draft recovery plan to determine if additional sites 

should be considered for critical habitat designation. Once the 

recovery plan is finalized, we will propose new critical habitat areas, 

if appropriate.



Effects of Critical Habitat Designation



    Section 4(b)(8) of the Act requires, for any proposed or final 

regulation that designates critical habitat, a brief description and 

evaluation of those activities (public or private) that may adversely 

modify such habitat or may be affected by such designation. Regulations 

found at 50 CFR 402.02 define destruction or adverse modification of 

critical habitat as a direct or indirect alteration that appreciably 

diminishes the value of critical habitat for both the survival and 

recovery of a listed species. Such alterations include, but are not 

limited to, alterations adversely modifying any of those physical or 

biological features that were the basis for determining the habitat to 

be critical, that is, its primary constituent elements.

    An activity likely will not adversely modify an area within 

designated critical habitat that does not contain any constituent 

elements. For example, existing areas such as parking lots, paved 

roads, and various kinds of structures within critical habitat 

boundaries would not furnish habitat or biological features for western 

snowy plovers. Furthermore, some activities would not be restricted by 

critical habitat designation because they would have no significant 

adverse effect on the primary constituent elements.

    Activities that may adversely affect critical habitat are subject 

to consultation under section 7(a)(2) of the Act if they are carried 

out, authorized, or funded by a Federal agency. The purpose of 

consultations between us and other Federal agencies is to ensure that 

activities are carried out in a manner that is not likely to jeopardize 

the continued existence of listed species or adversely modify or 

destroy its critical habitat. The areas designated as critical habitat 

are all at some time during the year, occupied by snowy plovers. Since 

the habitat is occupied, Federal agencies are already required to 

consult with us due to the listing of the species. Regulations 

implementing this interagency cooperation provision of the Act are 

codified at 50 CFR part 402.

    Activities that could adversely affect critical habitat of the 

coastal population of the western snowy plover fall into seven general 

categories and include, but are not limited to:

    (1) Projects or management activities that cause, induce, or 

increase human-associated disturbance on beaches, including operation 

of off-road vehicles (ORVs) on the beach and beach cleaning. These 

activities may reduce the functional suitability of nesting, foraging, 

and roosting areas. Activities within posted, fenced, or otherwise 

protected nesting areas that may adversely modify critical habitat 

areas include camping, ORV use (day or night), walking, jogging, clam 

digging, livestock grazing, sunbathing, picnicking, horseback riding, 

hang gliding, kite flying, and beach cleaning. The extent to which such 

activities may need to be restricted will vary on a site-by-site basis 

based on factors such as configuration of nesting habitat, intensity of 

recreational activity, compliance with nesting area closures and 

recreational restrictions, and the types of recreational activities 

normally occurring on the beach. We will work with land managers to 

protect critical habitat areas. On a case-by-case basis, restrictions 

could be removed after the plovers have finished breeding. Activities 

that may adversely modify critical habitat areas that support wintering 

birds include beach cleaning that removes surfcast kelp and driftwood, 

and ORVs driven at night.

    (2) Actions that would promote unnatural rates or sources of 

predation. For example, producing human-generated litter that attracts 

predators or designing exclosures that promote



[[Page 68512]]



perching by avian predators may adversely modify critical habitat by 

reducing its functional suitability to support nesting snowy plovers.

    (3) Actions that would promote the invasion of nonnative 

vegetation.

    (4) Activities associated with maintenance and operation of salt 

ponds. Activities that may adversely modify or destroy critical habitat 

when conducted during the snowy plover nesting season include flooding 

inactive salt ponds; raising the water level in active salt ponds; 

grading, resurfacing, riprapping (rocks placed on the land to prevent 

erosion), or placing dredged spoils on levees; and driving maintenance 

vehicles on levees. However, levee maintenance activities also may 

benefit snowy plovers by providing vegetation-free habitat for nesting. 

We will work with landowners to avoid harmful activities during the 

breeding season.

    (5) Dredge spoil disposal activities that may adversely modify 

critical habitat when conducted during the nesting season include 

deposition of spoil material, laying of pipes to transport the 

material, and use of machinery to spread the material. However, dredge 

spoil disposal sites also may benefit snowy plovers by providing 

nesting habitat free of European beachgrass (Ammophila arenaria). We 

will work with landowners to avoid harmful activities during the 

breeding season.

    (6) Shoreline erosion control projects and activities that may 

alter the topography of the beach, sand transport, and dune processes. 

Activities that may adversely modify or destroy nesting, foraging, and 

roosting habitat include, but are not limited to, beach nourishment 

(sand deposition, spreading of sand with machinery); construction of 

breakwaters and jetties (interruption of sand deposition); sand and 

gravel mining; dune stabilization using native and nonnative vegetation 

or fencing (decreased beach width, increased beach slope, reduction in 

blowouts and other preferred nesting habitat); beach leveling 

(increased tidal reach, removal of sparse vegetation used by chicks for 

shelter, destruction of rackline (a debris line) feeding habitat). 

Beach nourishment projects, however, also may have the potential to 

benefit nesting or wintering plover habitat on some sites experiencing 

serious erosion. We will work with landowners to avoid harmful 

activities when the birds are present.

    (7) Contamination events. Contamination through oil spills or 

chemical releases may adversely modify critical habitat by 

contaminating snowy plovers and/or their food sources.

    Federal agencies that may be required to consult with us on one or 

more of these activities include, but are not limited to, the National 

Park Service, U.S. Forest Service (FS), Bureau of Land Management 

(BLM), Environmental Protection Agency, Federal Highway Administration, 

Federal Aviation Administration, Federal Emergency Management Agency, 

and the Departments of the Army (including the Corps of Engineers), 

Navy, and Air Force.

    In addition several other species that are listed under the Act 

occur in the same general areas as western snowy plovers. These species 

share the coastal beach/dune/estuarine ecosystem with snowy plovers. 

All of these species occurred historically in association with western 



snowy plovers in this Pacific coast ecosystem. Except for the rails and 

mouse, the habitat requirements of these species do not significantly 

conflict with those of the snowy plover. Therefore, any plans prepared 

for sites designated as critical habitat for the snowy plover should be 

considered ecosystem management plans that accommodate needs of other 

listed or proposed species that also occur on the site. Federal 

agencies proposing management actions for other listed species may 

affect critical habitat for the western snowy plover and would, 

therefore, be required to initiate formal consultation under section 7 

of the Act. Conversely, proposed management actions for the benefit of 

the plover or its habitat may affect other listed species. We will work 

with other Federal agencies to develop ecosystem plans that provide for 

the needs of all listed species.

    When we issue a biological opinion concluding that a project is 

likely to result in the destruction or adverse modification of critical 

habitat, we also provide reasonable and prudent alternatives to the 

project, if any are identifiable. Reasonable and prudent alternatives 

are defined at 50 CFR 402.02 as alternative actions identified during 

formal consultation that can be implemented in a manner consistent with 

the intended purpose of the action, that are consistent with the scope 

of the Federal agency's legal authority and jurisdiction, that are 

economically and technologically feasible, and that the Director 

believes would avoid resulting in the destruction or adverse 

modification of critical habitat. Reasonable and prudent alternatives 

can vary from slight project modifications to extensive redesign or 

relocation of the project. Costs associated with implementing a 

reasonable and prudent alternative are similarly variable.



Summary of Comments and Recommendations



    In the March 2, 1995, proposed rule, we requested all interested 

parties to submit comments and suggestions relative to the proposed 

designation of critical habitat for the Pacific Coast population of the 

western snowy plover (60 FR 11769). We published a notice of 

availability and request for comments on the draft economic analysis on 

May 5, 1995 (60 FR 22404). Subsequently, we extended the comment 

periods for the proposed designation of critical habitat and the draft 

economic analysis to June 30, 1995 (60 FR 25882). We entered the 

comments received from March 2 through June 30, 1995, into the 

administrative record.

    We contacted all appropriate State and Federal agencies, county 

governments, scientific organizations, and other interested parties and 

invited them to comment. We published legal notices inviting public 

comment in the following newspapers in California: The San Francisco 

Chronicle, Monterey, and Eureka newspapers; in Oregon: The World, The 

Register-Guard, Siuslaw News, Curry County Reporter, The News Review, 

The Headlight Herald, and The Oregonian; and in Washington: the 

Aberdeen and Long Beach newspapers. In addition, we issued the 

following news releases: (1) A February 24, 1995, news release 

announcing the proposed designation of critical habitat and soliciting 

public review and comment; (2) a May 5, 1995, news release announcing 

the availability of the draft economic analysis to the public for 

review and comment; and (3) a May 17, 1995, news release announcing 

public hearings and the extension of the comment period.

    We held three public hearings on the proposed rule: At Florence, 

Oregon (June 7, 1995), Monterey, California (June 13, 1995), and 

Eureka, California (June 15, 1995). We published a notice of hearings 

and locations in the Federal Register on May 15, 1995 (60 FR 25882). A 

total of 976 people attended the public hearings, including 30 in 

Florence, 21 in Monterey, and 925 in Eureka. Transcripts of these 

hearings are available for inspection at the Sacramento Fish and 

Wildlife Office (see ADDRESSES section of this final rule).

    We received a total of 89 oral and 456 written comments during the 

comment period. Of those oral comments, 13 supported critical habitat 

designation, 54 were opposed to designation, and 22 provided additional 

information but did



[[Page 68513]]



not support or oppose the proposal. Of the written comments, 35 

supported designation, 409 were opposed to it, and 12 provided 

additional information only, or were nonsubstantive or not relevant to 

the proposed designation. In total, we received oral and written 

comments from 6 Federal agencies, 7 State agencies, 14 local 

governments, 1 Native American individual, and 426 private 

organizations, companies, or individuals. In addition to these 

comments, we received a petition against the designation of critical 

habitat with 216 signatures.

    We reviewed all comments received for substantive issues and new 

data regarding critical habitat and the snowy plover. We grouped 

comments of a similar nature into five issues relating specifically to 

critical habitat and addressed them in the following summary.



Issue 1: Biological and Physical Concerns and Access



    (1a) Comment: Several commenters questioned the scientific basis 

for designating a specific beach or group of beaches as critical 

habitat and recommended excluding areas not supporting breeding or 

breeding habitat. One commenter stated the scientific evidence 

supporting designation lacked independent corroboration.

    Our Response: Under the Act, we are required to use the best 

scientific and commercial data available in determining which areas 

provide the physical and biological attributes essential to the 

conservation of the species. The data we used were obtained by several 

independent researchers. In selecting appropriate areas, we identified 

important components related to recovery, including existing nesting 

capacity, wintering capacity, geographic location, and management 

needs. We determined that some areas were important to the conservation 

of the plover solely because of their significant use by wintering or 

nonbreeding plovers. We selected areas for designation, in part, if 

they supported at least 4 nesting pairs or 10 wintering individuals, 

and required special management considerations.

    (1b) Comment: Many commenters believed there was a disproportionate 

number of critical habitat areas designated in northern California, 

Oregon, and Washington, and too few areas in southern California. They 

cited information in the proposed rule that the greatest number of 

snowy plovers and the apparent center of its range occur in southern 

California. They believed there should be more designated critical 

habitat areas in southern California.

    Our Response: We reviewed plover usage of protected lands from 

Monterey County south to the Mexican border. Areas providing essential 

habitat for the plover include designated critical habitat, as well as 

Service and National Park Service lands which protect snowy plovers but 

are not designated, and Federal lands for which a protective management 

plan and section 7 consultation has been completed. We estimate that 

these lands encompass 91 percent and 85 percent of the known nesting 

and wintering birds, respectively, within these counties. These 

estimates are comparable to those cited in the ``Methods'' section of 

this final rule for Oregon (97 percent and 98 percent) and Washington 

(86 percent and 78 percent). Therefore, we believe that there are an 

adequate number of areas designated in the southern portion of the 

plover's range, and that areas are adequately distributed throughout 

the range of the plover.

    (1c) Comment: One commenter noted that in the proposed rule the 

wintering season was defined as occurring from September 15 through 

February 29, but that wintering or nonbreeding individuals occur in 

some wintering habitats nearly year round.

    Our Response: We clarified the definition of wintering in the final 

rule. Both nesting and wintering areas may support nonbreeding plovers 

year round. Similarly, activities that could adversely modify critical 

habitat that support wintering birds could apply year round. Landowners 

may refine the time periods when plovers are present by coordinating 

with us to develop survey protocols appropriate for their area.

    (1d) Comment: Some commenters questioned why we did not identify 

removal of European beachgrass as a required or proposed management 

action in the proposed rule, considering our statement that European 

beachgrass encroachment is the most important form of habitat loss 

affecting the plover.

    Our Response: Creating management plans or prescribing specific 

management recommendations is not the purpose of critical habitat 

designation. Management needs of specific sites should be addressed in 

recovery plans, management plans, Habitat Conservation Plans, and 

section 7 consultations. As described elsewhere in this rule, we 

anticipate completing a draft recovery plan for the snowy plover by 

spring 2000. The draft recovery plan will provide recommendations and 

methods for control of European beachgrass.

    (1e) Comment: Many commenters believed that we placed an inordinate 

amount of emphasis on the effects of ORVs on plovers and suggested that 

we more fairly emphasize the relative contribution other factors played 

in the plover's decline.

    Our Response: In the proposed rule and here in the final rule, we 

list activities that could adversely modify critical habitat without 

placing specific emphasis on the relative contribution of any one 

activity. The specific threats are likely unique to each area and are 

best addressed in recovery plans, management plans, and section 7 

consultations.

    (1f) Comment: Many commenters were concerned about how designation 

of critical habitat would affect beach access for recreation, beach 

fishing, collection of driftwood, Native American ceremonial sites, 

commercial purposes, access to lighthouses, and for other recreational 

activities. Many commenters were opposed to closure of their beaches to 

these activities.

    Our Response: Designation of critical habitat does not prescribe 

specific management actions, but does identify areas that are in need 

of special management. We anticipate that many activities presently 

occurring on critical habitat areas can be managed to be compatible 

with the plover's needs. Likely access restrictions may include partial 

beach closures during the plover's breeding season and restrictions on 

the types of activities that may occur in important snowy plover 

habitats. Even where partial beach closures may apply, in some 

instances the wave slope of closed areas may be available for 

activities that do not conflict with the snowy plover's needs. 

Furthermore, most activities occurring on those beaches selected only 

for their importance as wintering habitat are compatible with the 

plover's needs. Management needs at various beaches are specific to 

those locations and will be addressed in recovery plans, management 

plans, Habitat Conservation Plans, and through section 7 consultation.

    (1g) Comment: Several commenters recommended that certain portions 

of proposed critical habitat areas containing features such as rocky 

shorelines, roads, or jetties should not be considered critical 

habitat.

    Our Response: Even though roads or other improved structures may 

occur within the boundaries of critical habitat, they may not provide 

the identified constituent elements. This lack of constituent elements 

will be taken into consideration in consultations under section 7 of 

the Act.



[[Page 68514]]



Issue 2: General Selection of Designated Critical Habitat Areas



    (2a) Comment: Many commenters recommended additional sites that 

should be designated as critical habitat. Several commenters 

recommended that other sites should be expanded to encompass all of the 

snowy plover's habitat. Several commenters suggested that the number of 

sites selected was not sufficient to recover the snowy plover.

    Our Response: The Act (section 3(5)(C)) indicates that not all 

areas capable of being occupied by the species should be designated as 

critical habitat unless we determine that such designation is essential 

to the species' conservation. In determining what areas are critical 

habitat, we considered areas and constituent elements that are 

essential to the conservation of the species and that may require 

special protection or management considerations (50 CFR 424.12(b)). 

Thus, not all areas occupied or potentially occupied by a species 

warrant designation. Our rationale for not designating all occupied 

snowy plover sites as critical habitat is discussed in the ``Methods'' 

section of this final rule.

    A draft recovery plan for the coastal population of the western 

snowy plover is expected to be completed and available for public 

comment by spring 2000. After the public comment period on the draft 

recovery plan has closed and we have gathered all relevant information, 

we will consider the need to propose additional areas as critical 

habitat, if appropriate.

    (2b) Comment: Some commenters believed States or State lands have 

adequate conservation programs for the snowy plover and recommended 

excluding these lands from critical habitat designation.

    Our Response: Future management practices of State trust lands are 

uncertain in areas we have determined essential to the conservation of 

the western snowy plover and may in some instances not be compatible 

with conservation efforts. Therefore, we believe that designation of 

critical habitat is warranted to emphasize the importance of these 

lands to recovery of the plover and promote development of management 

plans for the species.

    (2c) Comment: Several commenters suggested that exclusion of areas, 

such as coastal lagoons, San Francisco Bay salt ponds, and the south 

San Diego Bay salt works, because of potential or perceived conflicts 

with other endangered species' recovery objectives would result in a 

designation of critical habitat inadequate for conservation of the 

snowy plover. Commenters believed areas excluded because of conflicts 

can support habitat for plovers as well as endangered rails, mice, and 

least terns. One commenter stated many of the actions recommended in 

the unpublished update of the light-footed clapper rail recovery plan 

would also benefit snowy plovers.

    Our Response: We agree that it may be possible to accommodate the 

recovery needs of the endangered rails and mouse and the plover at each 

site where their recovery needs conflict. However, it would not be 

prudent to designate plover critical habitat at specific sites where 

conflicts exist without the intensive analysis provided in the recovery 

planning process and subsequent site-specific restoration information. 

Many site constraints are not identified until the restoration planning 

phase. Designation of critical habitat in these areas will not ensure 

recovery of the plover. Recovery will be achieved by implementing 

actions recommended in the plover recovery plan in concert with actions 

recommended in revised recovery plans for the rails, mouse, and least 

tern.

    (2d) Comment: Several commenters recommended excluding from 

designation as critical habitat areas where there were plans being 

formulated to construct urban improvements on or in proximity to 

proposed critical habitat.

    Our Response: The Act (section 4(b)(2)) states that critical 

habitat shall be designated on the basis of the best scientific data 

available and after taking into consideration the economic impact, and 

any other relevant impact, of specifying any particular area as 

critical habitat. We designated as critical habitat only those areas 

supporting the constituent elements and features essential to the 

plover's conservation. We did not exclude any areas because of 

speculative or proposed developments. We are available to work with 

project proponents to develop project alternatives that will avoid and 

minimize adverse effects to plovers and not result in destruction or 

adverse modification of critical habitat.



Issue 3: Comments on Selection of Specific Sites



    (3a) Comment: Many commenters recommended not designating as 

critical habitat the FS's Oregon Dunes National Recreation Area (ODNRA) 

because the completed Oregon Dunes Management Plan included measures 

benefitting the snowy plover. If critical habitat was designated for 

ODNRA, one commenter recommended it be consistent with the completed 

management plan.

    Our Response: We have not completed formal section 7 consultation 

with the FS on the Oregon Dunes Management Plan. We have completed 

formal section 7 consultation for a specific habitat restoration 

project within the FS's ODNRA; however, the consultation covered only a 

small portion of the snowy plover habitat administered by the FS's 

ODNRA and did not address proposed critical habitat. Therefore, we did 

not have an adequate basis to exclude this area from critical habitat 

designation.

    (3b) Comment: Two commenters noted that some private landowners 

have vested property rights to placer mine sand on their property, so 

these areas should be excluded from critical habitat designation.

    Our Response: The designation of critical habitat has no effect on 

non-Federal actions taken on private land, even if the private land is 

within the mapped boundary of designated critical habitat. Critical 

habitat has possible effects on activities by private landowners only 

if the activity involves Federal funding, a Federal permit, or other 

Federal action. If such a Federal nexus exists, we will work with the 

landowner and the appropriate Federal agency to develop a project that 

can be completed without jeopardizing the species or destroying or 

adversely modifying critical habitat.

    (3c) Comment: The Oregon Department of Fish and Wildlife 

recommended deleting from critical habitat the northern portion of OR-3 

to the South Jetty Road due to the lack of breeding, rare occurrence of 

foraging use, narrow beach, and high human use, including off-highway 

vehicle use.

    Our Response: Based upon the above verified information, we 

modified the boundary of OR-3. Please see the ``Summary of Changes From 

the Proposed Rule'' section of this final rule for additional 

information.

    (3d) Comment: The Oregon Department of Fish and Wildlife and 

several other commenters stated critical habitat area OR-6, Unit 2, 

should be excluded from designation because it is not suitable habitat. 

Although this area is fenced off from access, no plovers have been seen 

there in 5 years, it borders areas with high human use, is heavily 

vegetated, and is not physically connected to any other snowy plover 

habitat. Any future plover nesting at this site would probably have low 

nesting success, fledging success, and chick survival.

    Our Response: Based upon this verified information, we deleted from 

critical habitat the area identified in the proposed rule as OR-6, Unit 

2. Please



[[Page 68515]]



see the ``Summary of Changes From the Proposed Rule'' section of this 

rule for additional information.

    (3e) Comment: One commenter stated that critical habitat area OR-6, 

Unit 3, which appears to include or abut a portion of Bastendorff Beach 

County Park, should be excluded from designation because it receives 

intense levels of human activity and is therefore unsuitable as 

habitat.

    Our Response: We selected critical habitat area OR-6, Unit 3, 

because it has a history of plover use, supports the primary 

constituent elements, is in proximity to occupied habitat in OR-6, Unit 

1, and requires special management considerations. With appropriate 

management of public access, this unit could support nesting plovers. 

Because of its proximity to other occupied nesting areas, we believe 

this unit will contribute to conservation of the plover.

    (3f) Comment: The Navy noted that they implement conservation 

programs for the plover on several Navy-owned lands. The Navy's 

management programs for the plover are commensurate with programs at 

the Marine Corps base, Camp Pendleton, which merited exclusion from 

critical habitat designation. The Navy's proactive management efforts 

and the isolation and inaccessibility of their lands eliminates the 

need for the special protection afforded by designation of critical 

habitat.

    Our Response: We designated critical habitat for areas determined 

to be essential to conservation of the plover and in need of special 

management considerations. We completed formal consultation on the 

plover conservation activities at Camp Pendleton on October 30, 1995. 

The Navy (Marine Corps) is providing long-term monitoring and 

management for plovers at this area. Thus, this site was excluded from 

designation. Although the Navy implements conservation measures for the 

plover elsewhere, it has not initiated or completed formal section 7 

consultation on its management and, thus, did not merit exclusion from 

critical habitat. Regarding Camp Pendleton, we are periodically 

reviewing implementation of management measures identified in the 

consultation. If the special conservation activities for the plover at 

Camp Pendleton are not successfully implemented or fail to address the 

plover's needs, we may reconsider designation of critical habitat for 

Camp Pendleton.

    (3g) Comment: Several commenters stated Stone Lagoon (CA-1, Unit 1) 

should not be designated critical habitat because it has no nesting 

records and little winter habitat use. Other areas in Humboldt County 

are more significant to the snowy plover and should be designated 

critical habitat.

    Our Response: We selected Stone Lagoon because of its importance as 

wintering habitat for the plover in northern California and because 

this area requires special management. We have received new information 

during the recovery planning process indicating that additional sites 

in Humboldt County may warrant designation as critical habitat. At the 

conclusion of the recovery planning process we will reconsider the need 

to designate as critical habitat additional sites in Humboldt County.

    (3h) Comment: One commenter stated the designation for CA-15, Unit 

2 is incorrect. Because no suitable habitat for the snowy plover exists 

within the Oxnard Shores area south of 5th Street, the area south of 

5th Street should be eliminated from designation.

    Our Response: This unit was selected because of verified survey 

data showing significant use by wintering plovers. The beach south of 

5th Street in Oxnard supports the primary constituent elements 

necessary for the plover's conservation and was therefore included 

within the boundaries of critical habitat designation.



Issue 4: Legal and Procedural Comments



    (4a) Comment: Several commenters stated that critical habitat 

should not be designated until a recovery plan is completed.

    Our Response: Although having a recovery plan in place is extremely 

helpful in identifying areas as critical habitat, the Act does not 

require a plan to be prepared prior to such designation. Section 4 of 

the Act normally requires that critical habitat be designated at the 

time a species is listed, or within 1 year if not determinable at 

listing. Once a recovery plan is completed, we may revise the critical 

habitat described in this final rule, if appropriate, to reflect the 

goals and recovery strategy of the recovery plan.

    (4b) Comment: One commenter stated that designation of critical 

habitat for the plover can reasonably be expected to have significant 

adverse effects on other threatened and even endangered species (e.g., 

the Smith's blue butterfly (Euphilotes enoptes smithi)) because of 

their overlapping ranges and diametrically opposite habitat 

requirements.

    Our Response: We did not designate critical habitat for areas where 

we anticipated significant management conflicts between listed species, 

such as exists between the snowy plover and the rails and mouse, 

described elsewhere in this rule. We do not anticipate significant 

conflicts where species like the Smith's blue butterfly and western 

snowy plover utilize different habitat types within the coastal dune 

ecosystem. A major purpose of the Act (section 2 (b)) is to conserve 

the ecosystems upon which threatened and endangered species depend. 

Therefore, critical habitat areas should be managed, to the extent 

feasible, as natural systems supporting a diversity of habitat types. 

Coastal dune systems are naturally dynamic, and we anticipate that the 

juxtaposition and relative abundance of habitat types will vary with 

time. These considerations are incorporated into recovery plans. 

Designation of critical habitat will not result in adverse effects to 

other sensitive species using these areas because critical habitat does 

not mandate specific management actions. As explained above, specific 

management actions are best addressed in recovery plans, management 

plans, or Habitat Conservation Plans, or through section 7 

consultation.

    (4c) Comment: Several commenters stated the designation of critical 

habitat constitutes a major Federal action significantly affecting the 

quality of the human environment. An environmental impact statement 

(EIS) should be prepared.

    Our Response: We have determined that we do not need to prepare 

Environmental Assessments (EAs) and EISs, as defined under the 

authority of the National Environmental Policy Act of 1969 (NEPA), in 

connection with regulations adopted pursuant to section 4(a) of the 

Act. The Ninth Circuit Court determined that NEPA does not apply to our 

decision to designate critical habitat for an endangered or threatened 

species under the Act because (1) Congress intended that the critical 

habitat procedures of the Act displace the NEPA requirements, (2) NEPA 

does not apply to actions that do not change the physical environment, 

and (3) to apply NEPA to the Act would further the purposes of neither 

statute, Douglas County v. Babbitt, 48 F.3d 1495, 1507-0 (9th Cir. 

1995).

    (4d) Comment: One commenter stated that designation of critical 

habitat will conflict with coastal uses identified in the California 

Coastal Management Program, authorized through the Coastal Zone 

Management Act of 1972, as amended.

    Our Response: In many respects, the Coastal California Management 

Program is compatible with the management needs of the plover and its 

critical



[[Page 68516]]



habitat. We will work with individual landowners affected by the 

designation to develop plans that avoid destruction or adverse 

modification of critical habitat.

    (4e) Comment: Several: commenters stated that there was 

insufficient prior notification announcing public hearings and thus 

they were unable to obtain materials prior to the public hearings.

    Our Response: We attempted to notify all affected and interested 

parties regarding the proposed designation. As noted in the 

introduction to this section, we published notices in the Federal 

Register announcing the proposed designation of critical habitat, the 

availability of the draft economic analysis, dates and locations of 

public hearings, and an extension of the comment period. We also 

published legal notices in numerous regional and local newspapers in 

California, Oregon, and Washington and sent letters to applicable 

Federal, State, local, and private parties potentially affected by the 

designation. In addition to these legal requirements, we issued press 

releases to newspapers in California, Oregon, and Washington in a 

further effort to reach all interested parties. Although receipt of 

advance notice for public hearings may have varied, we made every 

effort to provide an opportunity for interested individuals to provide 

comment. Pertinent documents were provided at the public hearings, and 

individuals attending these hearings had an opportunity to provide 

written comments. We gave equal weight to oral and written comments on 

the proposed designation.

    (4f) Comment: A few commenters noted that Service and National Park 

Service lands provide important habitat for snowy plovers and stated 

that it is not legal to exclude these lands from critical habitat 

designation.

    Our Response: In selecting critical habitat areas, we considered 

not only the habitat characteristics of each area, but also whether the 

area was in need of further management or protection (50 CFR 

424.02(d)). We also considered measures applicable to the area. We did 

not designate various lands managed by the National Park Service and 

our National Wildlife Refuge System because the missions of these 

agencies are primarily natural resource management and they already 

protect and conserve plovers and their habitat. We therefore concluded 

that areas managed by these agencies are not in need of the special 

management or protection that would be provided by critical habitat 

designation. However, several commenters stated that these agencies 

have experienced difficulty achieving compliance with management plans 

and that some management activities are inconsistent with the needs of 

the snowy plover. We anticipate that the completion of the snowy plover 

recovery planning process in spring 2000 will provide new information 

regarding management needs at various locations. If new information 

reveals it is appropriate, we will revise this designation to include 

those additional lands essential to the conservation of the plover and 

in need of special management considerations or protection. If 

appropriate, this new designation may include lands managed by the 

National Park Service and us.

    (4g) Comment: Several commenters stated that section 7 consultation 

is not an alternative to critical habitat designation under section 4 

and should not be considered a basis for omitting habitat areas from 

designation.

    Our Response: We designated critical habitat for those areas 

supporting the physical and biological attributes essential to the 

conservation of the plover, where such areas may need special 

management consideration and protection. Under the Act, section 7 

consultation is one mechanism for addressing special management 

considerations and protection. In conducting a section 7 consultation 

for a given action, we evaluate the species' status, its environmental 

baseline in the action area, the effects of the action, and any 

cumulative effects on the listed species and its habitat. We work with 

project proponents through this process to address management and 

protection needs of the species in the action area. Under the Act, we 

use the section 7 consultation process for evaluating and addressing 

not only effects to listed species, but also effects to their habitat.

    (4h) Comment: Several commenters stated that the maps and 

descriptions provided were vague and violate the Act and 50 CFR 

424.12(c).

    Our Response: This final rule contains maps and the required legal 

descriptions of areas designated as critical habitat. The accompanying 

maps are for illustration purposes. Additional clarification is 

available from our Sacramento Fish and Wildlife Office (see ADDRESSES 

section). We identified specific areas referenced by specific legal 

description, roads, waterways, and other landmarks, which are found on 

standard topographic maps, as required by our regulations at 50 CFR 

424.12.

    (4i) Comment: One commenter stated that we should implement a 

program to eradicate European beachgrass instead of designating 

critical habitat.

    Our Response: Under the Act, eradication of the beachgrass would 

not be a substitute for designating critical habitat. We acknowledge 

the importance of beachgrass control in conservation of the western 

snowy plover. However, many additional factors affecting the species 

must be addressed before conservation of the species can be achieved. 

Once it is published, the approved recovery plan for the snowy plover 

will provide further guidance on controlling European beachgrass.

    (4j) Comment: One commenter believed we should implement 

cooperative mechanisms with private landowners as an alternative to 

designating critical habitat on private property.

    Our Response: We agree that private and public partnerships are an 

important means to implement recovery goals for the plover. However, as 

described in (4i) above such partnerships would not be a substitute 

under the Act for designating critical habitat at this time. Under 

section 10(a)(1)(B) of the Act, private landowners may receive 

authorization for incidental take of listed species on the basis of an 

approved Habitat Conservation Plan for the species. This option 

continues to be available to private landowners following designation 

of critical habitat.

    (4k) Comment: Several commenters stated their objections to planned 

exemptions from designation of critical habitat for California State 

lands under control of the resources agencies. They do not believe 

California's Department of Fish and Game and Department of Parks and 

Recreation are qualified in protecting endangered species.

    Our Response: In the proposed rule we discussed the option of not 

designating State resource agency lands currently providing adequate 

protection for plovers and their habitat. As natural resource agencies, 

one of the missions of the California Departments of Fish and Game and 

Parks and Recreation is to manage for endangered species on State 

lands. As noted in (2b) above, however, future management practices on 

State trust lands are uncertain. Until resolution of this uncertainty 

through adoption and implementation of adequate plans and actions to 

protect plover habitat, we have no basis for leaving State trust lands 

out of the designation.



Issue 5: Economic Impacts



    (5) Comment: We received several comments concerning the 

continuation of specific activities on private land following a 

designation of critical habitat and potential subsequent economic 

effects.



[[Page 68517]]



    Our Response: Activities on private or other non-Federal lands that 

do not involve a Federal action are not affected by a designation of 

critical habitat. Please refer to the ``Critical Habitat'' section of 

this rule for a more detailed discussion of this issue. We have 

concluded that no economic impacts are expected from critical habitat 

designation above and beyond those already resulting from the listing. 

Please refer to the ``Economic Anlysis'' section of this rule. We will 

continue to work with landowners and other interested parties to avoid 

harmful activities to the Western snowy plover during the breeding 

season and we have sought the input of approximately 1,200 landowners 

in the development of the recovery planning document.



Summary of Changes From the Proposed Rule



    Based on comments we received on the proposed rule, we did not 

designate portions of several proposed critical habitat areas in 

Oregon. The Oregon Department of Fish and Wildlife recommended, for OR-

2 Heceta Head to Siuslaw River, deletion of the area from the south 

side of Sutton Creek to the Siuslaw River. They stated that this 

portion of the critical habitat area is highly developed with a 

riprapped foredune. The Department's survey data have shown no use by 

breeding plovers for many years and minimal wintering use. We modified 

the legal description of this critical habitat area and corresponding 

map to reflect this deletion. We also modified the title of the 

critical habitat area to more accurately reflect the geographic 

boundaries of the area. The title is now OR-2 Heceta Head to Sutton 

Creek.

    The Oregon Department of Fish and Wildlife also recommended 

deletion of a portion of OR-3 Siuslaw River to Siltcoos River extending 

from the Siuslaw River south to approximately 1.61 km (1 mi) north of 

the Siltcoos River. The Department pointed out that this area has only 

minimal documented use by snowy plovers as a foraging area. We modified 

the legal description of this critical habitat area and corresponding 

map to reflect this deletion. We also modified the title of the 

critical habitat area to more accurately reflect the geographic 

boundaries of the area. The title now reads OR-2 Siltcoos River North.

    The Oregon Department of Fish and Wildlife, the BLM, and other 

commenters recommended deletion of Unit 2 from OR-6 Horsfall Beach to 

Coos Bay. Survey data have shown this unit lacks any recent use by 

plovers and is small and isolated. Therefore, we dropped Unit 2 and its 

legal description from the critical habitat designation, and Unit 3 in 

the proposed rule now becomes Unit 2. We modified the legal description 

and corresponding map for OR-6 Horsfall Beach to Coos Bay accordingly.

    In California, the Department of the Navy recommended that a 

portion of proposed CA-19 South San Diego Coast Beaches, Unit 1--Silver 

Strand/Delta Beach not be designated. These areas had been developed, 

or verified survey data showed no use by plovers. Therefore, we did not 

designate two segments of the Delta beach portion of proposed Unit 1. 

We modified the legal description of this Unit and the corresponding 

map accordingly.

    We also corrected legal descriptions for OR-4 Siltcoos River to 

Threemile Creek; OR-5 Umpqua River to Horsfall Beach; OR-6 Horsfall 

Beach to Coos Bay; CA-14 Santa Barbara Coast Beaches, Unit 2, Santa 

Barbara Harbor Beach; CA-16 San Nicholas Island Beaches, Unit SN-6; and 

CA-19 South San Diego Coast Beaches, Unit 2--Tijuana River Beach, as a 

result of typographical errors in the proposed rule.

    The location of sites designated as critical habitat in this 

rulemaking and their use by western snowy plovers is presented in Table 

1. Table 1 includes a total of 28 areas of critical habitat totaling 

about 7,287 ha (18,000 ac) and 290 km (180 mi) of coastline. Of the 28 

critical habitat areas, 2 are designated in Washington, 7 in Oregon, 

and 19 in California.



     Table 1.--Location and Historical Snowy Plover Use of Critical Habitat Areas in Washington, Oregon, and

                                                   California

----------------------------------------------------------------------------------------------------------------

      Site No.                 Name                   County              USGS quad map           Plover use

----------------------------------------------------------------------------------------------------------------

                                                   WASHINGTON

----------------------------------------------------------------------------------------------------------------

WA-1................  Damon Point...........  Grays Harbor..........  Point Brown..........  Nesting.

                                                                      Westport.............

WA-2................  Leadbetter Point......  Pacific...............  North Cove...........  Nesting.

                                                                      Oysterville..........  Winter.

----------------------------------------------------------------------------------------------------------------

                                                     OREGON

----------------------------------------------------------------------------------------------------------------

OR-1................  Bayocean Spit.........  Tillamook.............  Garibaldi............  Nesting.

                                                                                             Winter.

OR-2................  Heceta Head to........  Lane..................  Mercer Lake..........  Nesting.

                      Sutton Creek..........                                                 Winter.

OR-3................  Siltcoos River........  Lane..................  Goose Pasture........  Nesting.

                      North.................                          Tahkenitch...........  Winter.

                                                                      Creek................

OR-4................  Siltcoos River to.....  Lane..................  Tahkenitch...........  Nesting.

                      Threemile Creek.......  Douglas...............  Creek................  Winter.

                                                                      Winchester Bay.......

OR-5................  Umpqua River to.......  Douglas...............  Winchester Bay.......  Nesting.

                      Horsfall Beach........  Coos..................  Lakeside.............  Winter.

                                                                      Empire...............

OR-6................  Horsfall Beach to.....  Coos..................  Empire...............  Nesting.

                      Coos Bay..............                          Charleston...........  Winter.

OR-7................  Bandon Park to........  Coos..................  Bandon...............  Nesting.

                      Floras Lake...........  Curry.................  Langlois.............  Winter.

                                                                      Floras Lake..........

----------------------------------------------------------------------------------------------------------------



[[Page 68518]]





                                                   CALIFORNIA

----------------------------------------------------------------------------------------------------------------

CA-1................  Humboldt Coast........

                      Lagoon Beaches........

Unit 1..............  Stone Lagoon..........  Humboldt..............  Orick................  Winter.

                                                                      Rodgers Peak.........

Unit 2..............  Big Lagoon............  Humboldt..............  Rodgers Peak.........  Nesting.

                                                                      Trinidad.............

CA--2...............  Eel River Beaches.....

Unit 1..............  Eel River North.......  Humboldt..............  Cannibal Island......  Nesting.

                                                                                             Winter.

Unit 2..............  Eel River South.......  Humboldt..............  Cannibal.............  Nesting.

                                                                      Island...............  Winter.

                                                                      Ferndale.............

CA-3................  Bodega Bay............

Unit 1..............  Bodega Harbor.........  Sonoma................  Bodega Head..........  Winter.

Unit 2..............  Doran Spit............  Sonoma................  Bodega Head..........  Winter.

CA-4................  Dillon Beach..........  Marin.................  Tomales..............  Winter.

CA-5................  Half Moon Bay.........  San Mateo.............  Half Moon Bay........  Nesting.

                      Beaches...............                                                 Winter.

CA-6................  Santa Cruz............

                      Coast Beaches.........

Unit 1..............  Waddell Creek.........  Santa Cruz............  Ano Nuevo............  Nesting.

                      Beach.................                                                 Winter.

Unit 2..............  Scott Creek...........  Santa Cruz............  Davenport............  Nesting.

                      Beach.................                                                 Winter.

Unit 3..............  Laguna Creek..........  Santa Cruz............  Santa Cruz...........  Nesting.

                      Beach.................                                                 Winter.

Unit 4..............  Wilder Creek Beach....  Santa Cruz............  Santa Cruz...........  Nesting.

                                                                                             Winter.

CA-7................  Monterey Bay..........

                      Beaches...............

Unit 1..............  Sunset Beach..........  Santa Cruz............  Watsonville..........  Nesting.

                                                                      West.................  Winter.

                                                                      Moss Landing.........

Unit 2..............  Mudowski Beach........  Monterey..............  Moss Landing.........  Nesting.

                                                                                             Winter.

Unit 3..............  Elkhorn Slough........  Monterey..............  Moss Landing.........  Nesting.

                      Mud Flat/Salt Pond....                                                 Winter.

Unit 4..............  Salinas River.........  Monterey..............  Moss Landing.........  Nesting.

                      Beach.................                          Marina...............  Winter.

Unit 5..............  Fort Ord/Seaside......  Monterey..............  Marina...............  Nesting.

                      Beaches...............                          Seaside..............  Winter.

CA-8................  Point Sur.............  Monterey..............  Point Sur............  Nesting.

                      Beach.................                                                 Winter.

CA-9................  Arroyo Hondo..........  San Luis..............  Burro Mt.............  Winter.

                      Creek Beach...........  Obispo................  Piedras Blancas......

CA-10...............  Arroyo Laguna.........  San Luis..............  San Simeon...........  Nesting.

                      Creek Beach...........  Obispo................                         Winter.

CA-11...............  Morro Bay.............

                      Beaches...............

Unit 1..............  Toro Creek............  San Luis..............  Morro Bay............  Nesting.

                      Beach.................  Obispo................  North................  Winter.

Unit 2..............  Atascadero............  San Luis..............  Morro Bay............  Nesting.

                      Beach.................  Obispo................  North/South..........  Winter.

Unit 3..............  Morro Bay Beach.......  San Luis..............  Morro Bay............  Nesting.

                                              Obispo................  South................  Winter.

CA-12...............  Pismo Beach/..........  San Luis..............  Oceano...............  Nesting.

                      Nipomo Dunes..........  Obispo................  Point Sal............  Winter.

                                              Santa Barbara.........

CA-13...............  Point Sal to..........

                      Point Conception......

Unit 1..............  Vandenburg Air Force    Santa Barbara.........  Casmalia.............  Nesting.

                       Base.                                                                 Winter.

Unit 2..............  Santa Ynez............  Santa Barbara.........  Surf.................  Nesting.

                      River Mouth/..........                                                 Winter.

                      Ocean Beach...........

Unit 3..............  Jalama Beach..........  Santa Barbara.........  Tranquillon..........  Winter.

                                                                      Mt./Lompoc...........

                                                                      Hills/Point..........

                                                                      Conception...........



[[Page 68519]]





CA-14...............  Santa Barbara.........

                      Coast Beaches.........

Unit 1..............  Devereaux Beach.......  Santa Barbara.........  Dos Pueblos..........  Nesting.

                                                                      Canyon...............  Winter.

                                                                      Goleta...............

Unit 2..............  Point Castillo/.......  Santa Barbara.........  Santa Barbara........  Winter.

                      Santa Barbara.........

                      Harbor Beach..........

Unit 3..............  Carpinteria...........  Santa Barbara.........  Carpinteria..........  Winter.

                      Beach.................

CA-15...............  Oxnard Lowlands.......

Unit 1..............  San Buenaventura......  Ventura...............  Ventura..............  Winter.

                      Beach.................

Unit 2..............  Mandalay Bay/.........  Ventura...............  Oxnard...............  Nesting.

                      Santa Clara...........                                                 Winter.

                      River Mouth...........

Unit 3..............  Ormond Beach..........  Ventura...............  Oxnard...............  Nesting.

                                                                      Point Mugu...........  Winter.

Unit 4..............  Mugu Lagoon...........  Ventura...............  Point Mugu...........  Nesting.

                      Beach.................                                                 Winter.

CA-16...............  San Nicolas...........  Ventura...............  San Nicolas..........  Nesting.

                      Island................                          Island...............  Winter.

                      Beaches...............

CA-17...............  Malibu Lagoon.........  Los Angeles...........  Malibu Beach.........  Winter.

CA-18...............  Mission Beach.........  San Diego.............  La Jolla.............  Winter.

                      and Bay...............

                      Units 1-3.............

CA-19...............  South San Diego.......

                      Coast Beaches.........

Unit 1..............  Silver Strand/........  San Diego.............  Point Loma...........  Nesting.

                      Delta Beach...........                          Imperial Beach.......  Winter.

Unit 2..............  Tijuana River.........  San Diego.............  Imperial Beach.......  Nesting.

                      Beach.................                                                 Winter.

----------------------------------------------------------------------------------------------------------------



Economic Analysis



    Section 4(b)(2) of the Act requires us to designate critical 

habitat on the basis of the best scientific and commercial information 

available and to consider the economic and other relevant impacts of 

designating a particular area as critical habitat. We may exclude areas 

from critical habitat upon a determination that the benefits of such 

exclusions outweigh the benefits of specifying such areas as part of 

critical habitat. We cannot exclude areas from critical habitat if such 

exclusion would result in the extinction of the species concerned.

    The economic effects already caused by the listing of the coastal 

population of the western snowy plover as threatened or by existing 

legal requirements are the baseline upon which we analyzed the economic 

effects of critical habitat. The critical habitat economic analysis 

examined the incremental economic and conservation effects of 

designating a particular area. The economic effects of a designation 

were evaluated by measuring changes in national, regional, or local 

indicators in the area considered for designation. We prepared an 

analysis of the economic effects of the proposed western snowy plover 

critical habitat designation in draft form (Service 1995) and made the 

draft available for public review (May 5, 1995; 60 FR 22404). We 

concluded in the final analysis, which included a review of and 

incorporated public comments, that no economic impacts are expected 

from critical habitat designation above and beyond those already 

resulting from the original listing of the coastal population of the 

western snowy plover. Potential economic effects of critical habitat 

designation are limited to impacts on activities funded, authorized, or 

carried out by a Federal agency. These activities would be subject to 

section 7 consultation if they may affect critical habitat. However, 

activities that may affect an area considered for critical habitat 

usually affect the listed species, and would thus be subject to 

consultation on the issue of jeopardy. Also, changes or minimizing 

measures that might increase the cost of the project would be imposed 

only as a result of critical habitat if the project would adversely 

modify or destroy that critical habitat. In most cases, a project that 

would adversely modify or destroy critical habitat would also likely 

jeopardize the continued existence of the species. In such a case, 

reasonable and prudent alternatives to avoid jeopardizing the species 

should also avoid adverse modification of critical habitat. The areas 

designated as critical habitat are all at some time during the year, 

occupied by snowy plovers. Since the habitat is occupied, Federal 

agencies are already required to consult with us due to the listing of 

the species. Thus, regulatory burdens or additional costs due to the 

critical habitat designations for the plover are not likely to exceed 

those already resulting from the species' listing.

    A copy of the economic analysis and description of the exclusion 

process with supporting documents are included in our administrative 

record and may be obtained by contacting our office (see ADDRESSES 

section).



Required Determinations



Regulatory Planning and Review



    In accordance with Executive Order 12866, we submitted this action 

for review by the Office of Management and Budget. Because the economic 

analysis identified above no economic benefits





[[Page 68520]]



from excluding any of the proposed critical habitat areas, no critical 

habitat areas were excluded from this final rule for economic reasons. 

No inconsistencies with other agencies' actions and/or effects on 

entitlements, grants, user fees, loan programs, or the rights and 

obligations of their recipients were identified in the economic 

analysis. This rule does not raise novel legal or policy issues.



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



    In the economic analysis, we determined that designation of 

critical habitat will not have a significant effect on a substantial 

number of small entities. As discussed in that document and in this 

final rule, this designation of plover critical habitat is not likely 

to restrict the actions of small entities beyond those already 

resulting from the listing of the coastal population of the western 

snowy plover. We recognize that some towns, counties, and private 

entities are considered small entities in accordance with the 

Regulatory Flexibility Act, however, they also are not affected by this 

designation of plover critical habitat because additional restrictions 

on their economic activities from this designation are not likely to 

occur.



Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))



    In the economic analysis, we determined that designation of 

critical habitat will not cause--(a) any effect on the economy of $100 

million or more; (b) any increases in costs or prices for consumers; 

individual industries; Federal, State, or local government agencies; or 

geographic regions in the economic analysis; or (c) any significant 

adverse effects on competition, employment, investment, productivity, 

innovation, or the ability of U.S.-based enterprises to compete with 

foreign-based enterprises.



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



    In the economic analysis, we determined that no effects would occur 

to small governments as a result of this plover critical habitat 

designation.



Takings



    In accordance with Executive Order 12630, this rule does not have 

significant takings implications, and a takings implication assessment 

is not required. This designation will not ``take'' private property 

and will not alter the value of private property. Critical habitat 

designation is directly applicable only to Federal lands. Private lands 

are not affected except to the extent of Federal funding or permitting 

activities.



Federalism



    In accordance with Executive Order 13132, this rule will not affect 

the structure or role of States and will not have direct, substantial, 

or significant effects on States. As previously stated, critical 

habitat is directly applicable only to Federal lands. Non-Federal lands 

are not affected except to the extent of Federal funding or permitting 

actions. Also, the economic analysis indicates that additional economic 

impacts would not result from the plover critical habitat designation.

    In keeping with Department of the Interior and Department of 

Commerce policy, the Service requested information from and coordinated 

development of the critical habitat proposal with appropriate State 

resource agencies in California, Oregon, and Washington, as well as 

during the listing process. In addition, all three States have one or 

more representatives on the Service's recovery team for this species. 

The Service will continue to coordinate any future designation of 

critical habitat for the snowy plover with the appropriate State 

agencies.



Civil Justice Reform



    In accordance with Executive Order 12988, the Department of the 

Interior's Office of the Solicitor has determined that this rule does 

not unduly burden the judicial system and meets the requirements of 

sections 3(a) and 3(b)(2) of the Order. We have made every effort to 

ensure that this final determination contains no drafting errors, 

provides clear standards, simplifies procedures, reduces burden, and is 

clearly written such that litigation risk is minimized.



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



    This rule does not contain any information collection requirements 

for which Office of Management and Budget approval under the Paperwork 

Reduction Act is required.



National Environmental Policy Act



    We have determined that we do not need to prepare EAs and EISs, as 

defined under the authority of the National Environmental Policy Act of 

1969 (NEPA), in connection with regulations adopted pursuant to section 

4(a) of the Act. We published a notice outlining our reasons for this 

determination in the Federal Register in October 1983 (48 FR 49244).



Government-to-Government Relationship With Tribes



    In accordance with the President's memorandum of April 29, 1994, 

``Government-to-Government Relations with Native American Tribal 

Governments'' (59 FR 22951) and 512 DM 2: We understand that we must 

relate to federally recognized Tribes on a Government-to-Government 

basis. Secretarial Order 3206, American Indian Tribal Rights, Federal-

Tribal Trust Responsibilities and the Endangered Species Act, states 

that ``Critical habitat shall not be designated in such areas that may 

impact Tribal trust resources unless it is determined essential to 

conserve a listed species. In designating critical habitat, we shall 

evaluate and document the extent to which the conservation needs of a 

listed species can be achieved by limiting the designation to other 

lands.'' Western snowy plover critical habitat does not contain any 

Tribal lands nor lands that we have identified as impacting Tribal 

trust resources.



References Cited



    You may request a complete list of all references cited herein, as 

well as others, from the Sacramento Fish and Wildlife Office (see 

ADDRESSES section).

    Authors: The primary authors of this notice are Karen J. Miller, 

Daniel Buford, and Harry Mossman (see ADDRESSES section of this final 

rule).



List of Subjects in 50 CFR Part 17



    Endangered and threatened species, Exports, Imports, Reporting and 

recordkeeping requirements, Transportation.



    For the reasons given in the preamble, we amend 50 CFR part 17, as 

set forth below:



PART 17--[AMENDED]



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



    Authority: 16 U.S.C. 1361-1407; 16 USC 1531-1544; 16 U.S.C. 

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.



    2. In Sec. 17.11(h) revise the entry for ``Plover, western snowy'', 

under ``BIRDS'' to read as follows:





Sec. 17.11  Endangered and threatened wildlife.



* * * * *

    (h) * * *



[[Page 68521]]







--------------------------------------------------------------------------------------------------------------------------------------------------------

                        Species                                                    Vertebrate

--------------------------------------------------------                        population where                                  Critical     Special

                                                            Historic range       endangered or         Status      When listed    habitat       rules

           Common name                Scientific name                              threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------



                *                   *                   *                   *                   *                   *                   *

              BIRDS



                *                   *                   *                   *                   *                   *                   *

Plover, Western snowy............  Charadrius            U.S.A. (AZ, CA, CO,  U.S.A. (CA, OR,      T                       493  Sec.  17.95           NA

                                    alexandrinus          KS, NM, NV, OK,      WA), Mexico                                              (b)

                                    nivosus.              OR, TX, UT, WA);     (within 50 miles

                                                          Mexico.              of Pacific coast).



                *                   *                   *                   *                   *                   *                   *

--------------------------------------------------------------------------------------------------------------------------------------------------------



    3. Amend Sec. 17.95(b) by adding critical habitat for the Pacific 

coast population of the western snowy plover (Charadrius alexandrinus 

nivosus) in the same alphabetical order as the species occurs in 

Sec. 17.11(h).





Sec. 17.95  Critical habitat--fish and wildlife.



* * * * *

    (b) Birds.

* * * * *



WESTERN SNOWY PLOVER (Charadrius alexandrinus nivosus)--Pacific coast 

population



    1. The primary constituent elements are those habitat components 

that are essential for the primary biological needs of foraging, 

nesting, rearing of young, roosting, and dispersal, or the capacity 

to develop those habitat components. The primary constituent 

elements are found in areas that support or have the potential to 

support intertidal beaches (between mean low water and mean high 

tide), associated dune systems, and river estuaries. Important 

components of the beach/dune/estuarine ecosystem include surf-cast 

kelp, sparsely vegetated foredunes, interdunal flats, spits, 

washover areas, blowouts, intertidal flats, salt flats, flat rocky 

outcrops, and gravel bars. Several of these components (sparse 

vegetation, salt flats) are mimicked in artificial habitat types 

used less commonly by snowy plovers (i.e., dredge spoil sites and 

salt ponds and adjoining levees).



BILLING CODE 4310-55-P



[[Page 68522]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.025







BILLING CODE 4310-55-C



[[Page 68523]]



    Washington. Areas of land and water as follows:

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

    Beginning at 46 deg.55'55'' N, 124 deg.09'07'' W, thence 

northwesterly following the property line of the Oyhut Wildlife 

Recreation Area to 46 deg.55'58'' N, 124 deg.09'14'' W, thence 

northwesterly to 46 deg.56'12'' N, 124 deg.09'16'' W, thence 

northeasterly to 46 deg.56'27'' N, 124 deg.09'11'' W, thence 

northeasterly to 46 deg.56'52'' N, 124 deg.08'02'' W, thence east to 

MLW, thence southeasterly, southerly, and southwesterly following MLW 

around Damon Point to a point directly east of the point of beginning, 

thence west to the point of beginning. (Point Brown and Westport USGS 

7.5'' Quads 1983).

[GRAPHIC] [TIFF OMITTED] TR07DE99.026



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

    Beginning at 46 deg.36'22'' N, 124 deg.03'51'' W, thence 

northeasterly to 46 deg.37'38'' N, 124 deg.03'55'' W, thence 

northeasterly to 46 deg.38'30'' N, 124 deg.03'01'' W, thence 

southeasterly to 46 deg.37'58'' N, 124 deg.02'05'' W, thence 

southwesterly to 46 deg.37'48'' N, 124 deg.02'20'' W, thence south to 

MLW, thence northeasterly around the north end of Leadbetter Point, 

thence southerly following MLW to a point directly west of the point of 

beginning, thence east to the point of beginning. Excludes all our 

property. (North Cove and Oysterville USGS 7.5'' Quads 1984).

[GRAPHIC] [TIFF OMITTED] TR07DE99.027



    Oregon. Areas of land and water as follows:

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

    Beginning at 45 deg.33'57'' N, 123 deg.56'50'' W, thence north to 

MLW, thence southeasterly following MLW to 45 deg.33'42'' N, 

123 deg.56'21'' W, thence southerly to 45 deg.33'28'' N, 

123 deg.56'18'' W, thence southwesterly to 45 deg.33'12'' N, 

123 deg.56'45'' W, thence southerly following the easterly edge of the 

sand depicted on the topographic map as a dashed line to 45 deg.32'28'' 

N, 123 deg.56'54'' W, thence southerly to 45 deg.32'23'' N, 

123 deg.56'56'' W, thence southerly following the easterly edge of the 

sand depicted on the topographic map as a dashed line to 45 deg.30'21'' 

N, 123 deg.57'21'' W, thence west to MLW, thence northerly following 

MLW to the toe of the South Jetty, thence directly west to the point of 

beginning. (Garibaldi USGS 7.5'' Quad 1985).

[GRAPHIC] [TIFF OMITTED] TR07DE99.028





[[Page 68524]]





OR-2. Heceta Head to Sutton Creek, Lane County (Index Map 1)

    Beginning at 44 deg.06'15'' N, 124 deg.07'20'' W, thence southerly 

to 44 deg.05'51'' N, 124 deg.07'18'' W, thence southerly to 

44 deg.05'15'' N, 124 deg.07'26'' W, thence southerly to 44 deg.04'10'' 

N, 124 deg.07'35'' W, thence southeasterly to the high water line of 

the north side of Sutton Creek, thence southwesterly following the high 

water line of the north side of Sutton Creek to its mouth, thence west 

to MLW, thence northerly following MLW to a point directly west of the 

point of beginning, thence east to the point of beginning. (Mercer Lake 

USGS 7.5'' Quad 1984).

[GRAPHIC] [TIFF OMITTED] TR07DE99.030





[[Page 68525]]





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

    Beginning at 43 deg.53'40'' N, 124 deg.08'50'' W, thence southerly 

to 43 deg.52'55'' N, 124 deg.09'10'' W, thence southeasterly to 

43 deg.52'45'' N, 124 deg.08'58'' W, thence south to 43 deg.52'38'' N, 

124 deg.08'58'' W, thence west to MLW, thence southerly and westerly 

following MLW around the southern end of the spit, thence northerly 

following MLW to a point directly west of the point of beginning, 

thence east to the point of beginning. (Goose Pasture, and Tahkenitch 

Creek USGS 7.5'' Quads 1984).

[GRAPHIC] [TIFF OMITTED] TR07DE99.029





[[Page 68526]]





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

Map 1)

    Beginning at 43 deg.52'29'' N, 124 deg.08'55'' W, thence 

southwesterly to 43 deg.52'13'' N, 124 deg.09'11'' W, thence westerly 

to 43 deg.52'12'' N, 124 deg.09'18'' W, thence southerly to 

43 deg.49'02'' N, 124 deg.09'52'' W, thence east to 43 deg.49'02'' N, 

124 deg.09'43'' W, thence southerly to 43 deg.47'08'' N, 

124 deg.10'04'' W, thence southwesterly to 43 deg.47'00'' N, 

124 deg.10'16'' W, thence southerly to 43 deg.45'00'' N, 

124 deg.10'42'' W, thence west to MLW, thence northerly following MLW 

to a point directly north of the point of beginning, thence south to 

the point of beginning. (Goose Pasture and Tahkenitch Creek USGS 7.5'' 

Quad 1984).

[GRAPHIC] [TIFF OMITTED] TR07DE99.031





[[Page 68527]]





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

Map 1)

    Beginning at 43 deg.39'51'' N, 124 deg.12'25'' W, thence southerly 

to 43 deg.39'36'' N, 124 deg.12'25'' W, thence southerly to 

43 deg.38'40'' N, 124 deg.12'29'' W, thence southerly following 25 ft. 

east of road to 43 deg.37'30'' N, 124 deg.12'46'' W, thence 

southwesterly to 43 deg.34'39'' N, 124 deg.13'34'' W, thence 

southwesterly to 43 deg.34'00'' N, 124 deg.13'46'' W, thence easterly 

to 43 deg.33'58'' N, 124 deg.13'26'' W, thence southwesterly to 

43 deg.33'29'' N, 124 deg.13'37'' W, thence westerly to 43 deg.33'26'' 

N, 124 deg.13'53'' W, thence southwesterly following 20 ft. contour to 

43 deg.30'00'' N, 124 deg.15'16'' W, thence southwesterly to 

43 deg.27'08'' N, 124 deg.16'36'' W, thence west to MLW, thence 

northeasterly following MLW to the southern toe of South Jetty, thence 

northeast to the point of beginning. (Winchester Bay and Lakeside USGS 

7.5'' Quads 1985, and Empire USGS 7.5'' Quad 1970).

[GRAPHIC] [TIFF OMITTED] TR07DE99.032



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

Unit 1

    Beginning at 43 deg.27'08'' N, 124 deg.16'36'' W, thence 

southwesterly following 20 ft. contour to 43 deg.25'34'' N, 

124 deg.17'27'' W, thence southwesterly following 20 ft. contour to 

43 deg.22'23'' N, 124 deg.19'25'' W, thence east to MLW, thence 

southerly and westerly following MLW around the southern tip of the 

north spit, thence northeasterly following MLW to a point directly west 

of the point of beginning, thence east to the point of beginning. 

(Empire and Charleston USGS 7.5'' Quads 1970).

Unit 2

    Beginning at 43 deg.21'05'' N, 124 deg.20'26'' W, thence 

southwesterly to 43 deg.20'39'' N, 124 deg.20'54'' W, thence 

southwesterly to 43 deg.21'21'' N, 124 deg.21'21'' W, thence north to 

MLW, thence northeasterly following MLW to the southern toe of the 

South Jetty, thence easterly following the toe of the South Jetty to 

the point of beginning. (Charleston USGS 7.5'' Quad 1970).

[GRAPHIC] [TIFF OMITTED] TR07DE99.033





[[Page 68528]]





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

    Beginning at 43 deg.04'14'' N, 124 deg.26'01'' W, thence southerly 

to 43 deg.03'22'' N, 124 deg.26'10'' W, thence southerly to 

43 deg.02'42'' N, 124 deg.26'16'' W, thence southerly to 43 deg.01'42'' 

N, 124 deg.26'26'' W, thence southwesterly to 43 deg.00'56'' N, 

124 deg.26'58'' W, thence southwesterly to 43 deg.00'00'' N, 

124 deg.27'17'' W, thence southerly to 42 deg.59'27'' N, 

124 deg.27'25'' W, thence southwesterly to 42 deg.57'16'' N, 

124 deg.28'24'' W, thence southwesterly to 42 deg.55'52'' N, 

124 deg.29'09'' W, thence southwesterly to 42 deg.54'48'' N, 

124 deg.30'00'' W, thence southwesterly to 42 deg.54'10'' N, 

124 deg.30'22'' W, thence southwesterly to 42 deg.53'42'' N, 

124 deg.30'49'' W, thence west to MLW, thence northeasterly following 

MLW to a point directly west of the point of beginning, thence east to 

the point of beginning. (Floras Lake and Langlois USGS 7.5'' Quads 

1986, and Bandon USGS 7.5'' Quad 1970).

[GRAPHIC] [TIFF OMITTED] TR07DE99.034





[[Page 68529]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.035







BILLING CODE 4310-55-C



[[Page 68530]]



    California. Areas of land and water as follows:

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

Unit 1--Stone Lagoon

    Beginning at 41 deg.15'33'' N, 124 deg.05'54'' W, thence south and 

east following the west side of the access road to Dry Lagoon State 

Park to 41 deg.15'29'' N, 124 deg.05'49'' W, thence southwesterly 

following the high water line of Stone Lagoon to 41 deg.14'42'' N, 

124 deg.06'08'' W, thence southwesterly to 41 deg.14'40'' N, 

124 deg.06'10'' W, thence southwesterly following the 40-foot contour 

line to 41 deg.14'14'' N, 124 deg.06'21'' W, thence west to MLW, thence 

northeasterly following MLW to a point directly west of the point of 

beginning, thence east to the point of beginning. (Orick and Rodgers 

Peak USGS 7.5'' Quads 1966).

[GRAPHIC] [TIFF OMITTED] TR07DE99.036



Unit 2--Big Lagoon

    Beginning at 41 deg.13'00'' N, 124 deg.06'39'' W, thence southerly 

following the 40-foot contour line to 41 deg.12'47'' N, 124 deg.06'40'' 

W, thence southerly following the Big Lagoon State Park property line 

to 41 deg.12'39'' N, 124 deg.06'40'' W, thence northwesterly and 

southwesterly following the high water line of Big Lagoon to 

41 deg.09'54'' N, 124 deg.07'49'' W, thence southwesterly following the 

Big Lagoon State Park property line to 41 deg.09'49'' N, 

124 deg.08'00'' W, thence west to MLW, thence northeasterly following 

MLW to a point directly west of the point of beginning, thence east to 

the point of beginning. (Rodgers Peak USGS 7.5'' Quad 1966 and Trinidad 

USGS 7.5'' Quad 1978).

[GRAPHIC] [TIFF OMITTED] TR07DE99.037



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

Unit 1--Eel River North

    Beginning at 40 deg.41'51'' N, 124 deg.16'27'' W, thence 

southwesterly to 40 deg.40'11'' N, 124 deg.17'30'' W, thence south to 

MLW, thence southerly following MLW around the south end of the spit, 

thence north following MLW to a point directly west of the point of 

beginning, thence east to the point of beginning. (Cannibal Island USGS 

7.5'' Quad 1972).

[GRAPHIC] [TIFF OMITTED] TR07DE99.038



Unit 2--Eel River South

    Beginning at 40 deg.34'29'' N, 124 deg.21'01'' W, thence west to 

MLW, thence northeasterly following MLW to a point directly west of 

40 deg.38'28'' N, 124 deg.18'42'' W, thence east to said point, thence 

east to MHW of the left bank of the Eel and Salt Rivers, thence 

southwesterly following MHW of the left bank of the Salt River to 

40 deg.37'54'' N, 124 deg.18'52'' W, thence southerly to 40 deg.37'38'' 

N, 124 deg.18'53'' W, thence southwesterly to 40 deg.37'14'' N, 

124 deg.19'25'' W, thence southwesterly to 40 deg.36'44'' N, 

124 deg.19'36'' W, thence southwesterly to 40 deg.34'29'' N, 

124 deg.20'56'' W, thence westerly to the point of beginning. (Cannibal 

Island and Ferndale USGS 7.5'' Quads 1972).

[GRAPHIC] [TIFF OMITTED] TR07DE99.039



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

Unit 1--Bodega Harbor

    Beginning at 38 deg.18'51'' N, 123 deg.03'02'' W, at MHW on Doran 

Spit, thence north to 38 deg.19'30'' N, 123 deg.03'02'' W, thence east 

to 38 deg.19'30'' N, 123 deg.02'38'' W, thence southeasterly to 

38 deg.19'22'' N, 123 deg.02'26'' W, thence southerly to 38 deg.19'13'' 

N, 123 deg.02'20'' W, on the MHW line of Bodega Harbor, thence 

southerly and westerly following MHW to the point of beginning. (Bodega 

Head USGS 7.5'' Quad 1972).

Unit 2--Doran Beach

    Beginning at 38 deg.18'22'' N, 123 deg.03'09'' W, at the west end 

of the North Jetty, thence east to MLW, thence northerly and easterly 

following MLW to a point directly south of 38 deg.18'44'' N, 

123 deg.01'36'' W, thence north to said point, thence northwesterly to 

38 deg.18'52'' N, 123 deg.02'07'' W, thence westerly to 38 deg.18'51'' 

N, 123 deg.02'34'' W, thence southwesterly to 38 deg.18'42'' N, 

123 deg.03'01'' W, thence southwesterly to



[[Page 68531]]



38 deg.18'34'' N, 123 deg.03'08'' W, thence southerly to the point of 

beginning. (Bodega Head USGS 7.5'' Quad 1972).

[GRAPHIC] [TIFF OMITTED] TR07DE99.040



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

    Beginning at 38 deg.14'57'' N, 122 deg.57'58'' W, thence southerly 

to 38 deg.14'31'' N, 122 deg.58'01'' W, thence southwesterly to 

38 deg.13'57'' N, 122 deg.58'15'' W, thence southeasterly to 

38 deg.13'21'' N, 122 deg.58'12'' W, thence south to MLW, thence 

northwesterly and northerly to a point directly west of the point of 

beginning, thence east to the point of beginning. (Tomales USGS 7.5'' 

Quad 1971)

[GRAPHIC] [TIFF OMITTED] TR07DE99.041





BILLING CODE 4310-55-P



[[Page 68532]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.042







BILLING CODE 4310-55-C



[[Page 68533]]



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

    Beginning at 37 deg.28'57'' N, 122 deg.27'06'' W, thence 

southeasterly to 37 deg.28'26'' N, 122 deg.26'45'' W, thence 

southwesterly to 37 deg.28'24'' N, 122 deg.26'47'' W, thence southerly 

following the 20-foot contour line to 37 deg.27'49'' N, 122 deg.26'40'' 

W, thence west to MLW, thence northwesterly following MLW to a point 

directly west of the point of beginning, thence east to the point of 

beginning. (Half Moon Bay USGS 7.5'' Quad 1973).

[GRAPHIC] [TIFF OMITTED] TR07DE99.043



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

Unit 1--Waddell Creek Beach

    Beginning at 37 deg.05'35'' N, 122 deg.16'32'' W, thence west to 

MLW, thence northwesterly following MLW to a point west of 

37 deg.05'52'' N, 122 deg.16'32'' W, thence east to said point, thence 

southeasterly to MHW line of Waddell Creek 37 deg.05'41'' N, 

122 deg.16'34'' W, thence south to point of beginning. (Ano Nuevo USGS 

7.5'' Quad 1968).

[GRAPHIC] [TIFF OMITTED] TR07DE99.044



Unit 2--Scott Creek Beach

    Beginning at 37 deg.02'33'' N, 122 deg.13'53'' W, located at 

northwest end of beach, thence southeasterly to 37 deg.02'22'' N, 

122 deg.13'36'' W, located west of Highway 1 and excluding the existing 

Highway 1 ROW, thence south to 37 deg.01'58'' N, 122 deg.13'34'' W, 

located at south end of beach on 60 foot contour line, thence west to 

MLW, thence northwesterly following MLW to a point directly west of 

point of beginning, thence east to point of beginning. (Davenport USGS 

7.5'' Quad 1968)

[GRAPHIC] [TIFF OMITTED] TR07DE99.045



Unit 3--Laguna Creek Beach

    Beginning at 36 deg.59'04'' N, 122 deg.09'26'' W, located at 

northwest end of beach on 20 foot contour line, thence east following 

20 foot contour line to 36 deg.59'03'' N, 122 deg.09'14'' W, located at 

Laguna Creek at a point 800 feet south of Highway 1, thence south to 

MLW, thence northwesterly following MLW to a point directly south of 

point of beginning, thence north to point of beginning. (Santa Cruz 

USGS 7.5'' Quad 1981).

[GRAPHIC] [TIFF OMITTED] TR07DE99.046



Unit 4--Wilder Creek Beach

    Beginning at 36 deg.57'17'' N, 122 deg.04'43'' W, located at 

northwest end of upper beach on 40 foot contour line, thence 

southwesterly to 36 deg.57'16'' N, 122 deg.04'29'' W, located at 

northeast end of upper beach east of 40 foot contour line, thence south 

to MLW, thence northwesterly following MLW to 40 foot contour line at 

west end of beach, thence north following 40 foot contour line to point 

of beginning. (Santa Cruz USGS 7.5'' Quad 1981)

[GRAPHIC] [TIFF OMITTED] TR07DE99.047



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

3)

Unit 1--Sunset Beach

    Beginning at 36 deg.54'38'' N, 121 deg.50'50'' W, located west of 

Zils Road, thence



[[Page 68534]]



southeasterly to 36 deg.51'25'' N, 121 deg.48'13'' W, thence east along 

north bank of Pajaro River to 36 deg.51'27'' N, 121 deg.48'30'' W, 

located south of mouth of Watson Slough, thence south to MLW, thence 

southerly following MLW around south end of beach, thence northwesterly 

following MLW to a point west of point of beginning, thence east to 

point of beginning. (Watsonville West and Moss Landing USGS 7.5'' Quad 

1980).

[GRAPHIC] [TIFF OMITTED] TR07DE99.048



Unit 2--Mudowski Beach

    Beginning at 36 deg.49'25'' N, 121 deg.48'21'' W, thence southerly 

to 36 deg.50'58'' N, 121 deg.48'15'' W, located north of the 10 foot 

contour line and west of Jensen Road, thence southwesterly to 

36 deg.51'11'' N, 121 deg.48'20'' W, thence southeasterly to 

36 deg.50'43'' N, 121 deg.47'15'' W, located east of seawall, thence 

south to MLW, thence southwesterly following MLW around south end of 

beach, thence northwesterly following MLW to north end of beach, thence 

northeasterly following MLW around north end of beach to a point north 

of point of beginning, thence south to point of beginning. (Moss 

Landing USGS 7.5'' Quad 1980).

Unit 3--Elkhorn Slough Mud Flat/Salt Pond

    Beginning at north bank of Elkhorn Slough 36 deg.48'49'' N, 

121 deg.46'12'' W, thence west following south perimeter of mud flat 

and salt pond to 36 deg.48'50'' N, 121 deg.47'02'' W, which excludes 

the existing Highway 1 ROW, thence north following west perimeter of 

the salt pond, thence east following northern perimeter of salt pond to 

west perimeter of mud flat, thence north following west perimeter of 

mud flat to 36 deg.49'14'' N, 121 deg.46'55'' W, located on south shore 

of Bennett Slough, thence northeasterly following south bank of Bennett 

Slough to 36 deg.49'4'' N, 121 deg.46'22'' W, located at the northern 

most point of mud flat, thence southeasterly following the east 

perimeter of the mud flat to 36 deg.49'12'' N, 121 deg.46'12'' W, 

thence easterly following the perimeter of the mud flat to 

36 deg.49'59'' N, 121 deg.45'59'' W, thence south following east 

perimeter of mud flat to 36 deg.49'04'' N, 121 deg.45'58'' W, thence 

southwesterly along northern shore of Elkhorn Slough to point of 

beginning. (Moss Landing USGS 7.5'' Quad 1980).

[GRAPHIC] [TIFF OMITTED] TR07DE99.049



Unit 4--Salinas River Beach

    Beginning at 36 deg.48'01'' N, 121 deg.47'18'' W, located south of 

boat launch, thence southerly to 36 deg.46'31'' N, 121 deg.47'40'' W, 

thence southerly to 36 deg.45'00'' N, 121 deg.48'04'' W, located on 

north bank of Salinas River, thence southeasterly following north bank 

of Salinas River to 36 deg.44'16'' N, 121 deg.47'20'' W, thence 

southwesterly across Salinas River to 36 deg.44'10'' N, 121 deg.47'28'' 

W, located on south bank, thence northwesterly following south bank of 

Salinas River to 36 deg.44'41'' N, 121 deg.48'02'' W, thence westerly 

to 36 deg.44'49'' N, 121 deg.48'12'' W, thence south to 36 deg.44' 54'' 

N, 121 deg.48'12'' W, located at northern most point of a large pond, 

thence southeasterly following north shore of pond to 36 deg.44'44'' N, 

121 deg.47'53'' W, thence southwesterly to 36 deg.44'34'' N, 

121 deg.48'13'' W, thence southerly to 36 deg.42'59'' N, 

121 deg.48'17'' W, thence southerly to 36 deg.41'45'' N, 

121 deg.48'49'' W, thence southerly to 36 deg.39'45'' N, 

121 deg.49'17'' W, thence west to MLW, thence northerly following MLW 

to a point west of point of beginning, thence east to point of 

beginning. Excludes all our property. (Moss Landing USGS 7.5'' Quad 

1980 and Marina USGS 7.5'' Quad 1983)

[GRAPHIC] [TIFF OMITTED] TR07DE99.050





[[Page 68535]]





Unit 5--Fort Ord/Seaside Beaches

    Beginning at 36 deg.39'44'' N, 121 deg.49'17'' W, located west of 

beach parking lot, thence southerly following upper beach where it 

meets toe of bluffs to 36 deg.38'33'' N, 121 deg.49'54'' W, thence 

southerly following upper beach where it meets toe of bluffs to 

36 deg.36'58'' N, 121 deg.51'00'' W, thence continue southwesterly 

following upper portion of beach where it meets toe of bluffs and sand 

dunes to 36 deg.36'06'' N, 121 deg.52'15'' W, thence west to 

36 deg.36'06'' N, 121 deg.52'30'' W, thence north to MLW, thence 

northeasterly following MLW to a point west of point of beginning, 

thence east to point of beginning. (Marina USGS 7.5'' Quad 1983 and 

Seaside USGS 7.5'' Quad 1968).

[GRAPHIC] [TIFF OMITTED] TR07DE99.051



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

    Beginning at 36 deg.19'11'' N, 121 deg.53'39'' W, located at north 

end of beach, thence south to 36 deg.18'31'' N, 121 deg.53'32'' W, 

located north of Lighthouse Road, thence southwesterly following a line 

north of Lighthouse Road to 36 deg.18'37'' N, 121 deg.53'46'' W, thence 

west to MLW, thence northeasterly following MLW to a point west of 

point of beginning, thence east to point of beginning. (Point Sur USGS 

7.5'' Quad 1983).

[GRAPHIC] [TIFF OMITTED] TR07DE99.052



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

    Beginning at 35 deg.45'23'' N, 121 deg.19'02'' W, thence southerly 

following the 20-foot contour line to 35 deg.45'00'' N, 121 deg.18'52'' 

W, thence southeasterly to 35 deg.44'54'' N, 121 deg.18'55'' W, thence 

west to MLW, thence northerly following MLW to a point directly west of 

the point of beginning, thence east to the point of beginning. (Burro 

Mountain USGS 7.5'' Quad 1972 and Piedras Blancas USGS 7.5'' Quad 

1959).

[GRAPHIC] [TIFF OMITTED] TR07DE99.053



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

    Beginning at 35 deg.39'08'' N, 121 deg.13'15'' W, located south of 

Highway 1 and excluding the existing Highway 1 ROW, thence 

southeasterly to 35 deg.39'05'' N, 121 deg.13'17'' W, thence south to 

MLW, thence westerly following MLW to a point south of point of 

beginning, thence north to point of beginning. (San Simeon USGS 7.5'' 

Quad 1958)

[GRAPHIC] [TIFF OMITTED] TR07DE99.054



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

Unit 1--Toro Creek

    Beginning at 35 deg.24'57'' N, 120 deg.52'27'' W, located west of 

Highway 1 and excluding the existing Highway 1 ROW, thence southerly 

along a line west of Highway 1, excluding the existing Highway 1 ROW, 

to 35 deg.24'30'' N, 120 deg.52'14'' W, thence west to MLW, thence 

northwesterly following MLW to a point west of point of beginning, 

thence east to point of beginning. (Morro Bay North USGS 7.5'' Quad 

1965)

[GRAPHIC] [TIFF OMITTED] TR07DE99.055



Unit 2--Atascadero Beach

    Beginning at 35 deg.24'13'' N, 120 deg.52'02'' W, located west of 

Beachcomber Drive, thence southeasterly along upper beach to 

35 deg.23'38'' N, 120 deg.51'48'' W, located west of Sandalwood Avenue, 

thence south to 35 deg.23'24'' N, 120 deg.51'39'' W, thence south to 

35 deg.22'22'' N, 120 deg.51'31'' W, located at the southwest end of 

powerplant, thence west to MLW, thence northerly following MLW to a 

point west of point of beginning, thence east to point of beginning. 

(Morro Bay



[[Page 68536]]



North and Morro Bay South USGS 7.5'' Quads 1965)

[GRAPHIC] [TIFF OMITTED] TR07DE99.056



Unit 3--Morro Bay Beach

    Beginning at 35 deg.17'28'' N, 120 deg.52'46'' W, located at south 

end of beach, thence west to MLW, thence northeasterly following MLW to 

breakwater, thence from breakwater following MLW clockwise around 

northern end of peninsula to a point east of 35 deg.21'28'' N, 

120 deg.51'28'' W, thence west to said point, thence southwesterly to 

35 deg.19'54'' N, 120 deg. 51' 38'' W, thence southwesterly to 35 deg. 

18'38'' N, 120 deg. 52'06'' W, thence southwesterly to point of 

beginning. (Morro Bay South USGS 7.5'' Quad 1978)

[GRAPHIC] [TIFF OMITTED] TR07DE99.057



CA-12. Pismo Beach/Nipomo Dunes, San Luis Obispo and Santa Barbara 

Counties (Index Map 3)

    Beginning at 34 deg.53'02'' N, 120 deg.39'40'' W, located northeast 

of Mussel Point, thence west to MLW, thence northerly following MLW to 

a point west of 35 deg.06'06'' N, 120 deg.37'45'' W, thence east to 

said point, thence southeasterly to 35 deg.06'01'' N, 120 deg.37'40'' 

W, located on north bank of Arroyo Grande Creek, thence easterly 

following north bank of Arroyo Grande Creek to 35 deg.05'58'' N, 

120 deg.37'19'' W, thence southerly across Arroyo Grande Creek to 

35 deg.05'56'' N, 120 deg.37'18'' W, thence westerly to 35 deg.05'58'' 

N, 120 deg.37'38'' W, thence southeasterly to 35 deg.05'27'' N, 

120 deg.37'32'' W, thence southerly to 35 deg.04'27'' N, 

120 deg.37'30'' W, thence southwesterly to 35 deg.02'32'' N, 

120 deg.37'35'' W, thence south to 35 deg.01'42'' N, 120 deg.37'35'' W, 

thence southwesterly to 34 deg.58' 53'' N, 120 deg.39'02'' W, thence 

southeasterly across Guadalupe oil field to 34 deg.58'10'' N, 

120 deg.38'27'' W, located at east end of a pond north of Santa Maria 

River, thence southwesterly to a point on 40-foot contour line 

34 deg.57'45'' N, 120 deg.38'59''## W, located south of the Santa Maria 

River, thence southwesterly along the 40-foot contour line to point of 

beginning. (Oceano USGS 7.5'' Quad 1979 and Point Sal USGS 7.5'' Quad 

1974).

[GRAPHIC] [TIFF OMITTED] TR07DE99.058





[[Page 68537]]





CA-13. Point Sal to Point Conception Beaches, Santa Barbara County 

(Index Map 3)

Unit 1--Vandenberg Beach

    Beginning at 35 deg.51'41'' N, 120 deg.36'36'' W, located on 40-

foot contour line, thence southerly along 40-foot contour line to 

34 deg.45'22'' N, 120 deg.37'50'' W, located southeast of Purisma 

Point, thence south to MLW, thence northwesterly following MLW around 

Purisma Point, thence north following MLW to a point west of point of 

beginning, thence east to point of beginning. (Casmalia USGS 7.5'' Quad 

1982).

[GRAPHIC] [TIFF OMITTED] TR07DE99.059



Unit 2--Santa Ynez River Mouth/Ocean Beach

    Beginning at 34 deg.42'16'' N, 120 deg.35'54'' W, located west of 

beach access road, thence southeasterly to 34 deg.41'56'' N, 

120 deg.35'45'' W, located west of railroad tracks, thence 

southwesterly to 34 deg.41'35'' N, 120 deg.35'55'' W, located on north 

bank of Santa Ynez River, thence northeasterly to 34 deg.41'41'' N, 

120 deg.35'43'' W, thence southeasterly along north bank of Santa Ynez 

River to 34 deg.41'24'' N, 120 deg.35'05'' W, located at end of Gravel 

Pit Road, thence southwesterly to 34 deg.41'18'' N, 120 deg.35'13'' W, 

located on south bank of Santa Ynez River, thence west across railroad 

tracks to 34 deg.41'27'' N, 120 deg.35'58'' W, located on 40-foot 

contour line, thence southwesterly along 40-foot contour line to 

34 deg.37'28'' N, 120 deg.37'16'' W, located 400 feet west of railroad 

tracks, thence west to MLW, thence northeasterly following MLW to a 

point west of point of beginning, thence east to point of beginning. 

(Surf USGS 7.5'' Quad 1974).

[GRAPHIC] [TIFF OMITTED] TR07DE99.060



Unit 3--Jalama Beach

    Beginning at 34 deg.30'48'' N, 120 deg.30'12'' W, thence 

southeasterly to 34 deg.30'44'' N, 120 deg.30'04'' W, located at 

northern end of Jalama Beach Lagoon, thence southeasterly to 

34 deg.30'23'' N, 120 deg.29'55'' W, thence southeasterly to 

34 deg.29'53'' N, 120 deg.29'44'' W, thence southeasterly to 

34 deg.29'43'' N, 120 deg.29'42'' W, thence west to MLW, thence 

northwesterly following MLW to a point west of point of beginning, 

thence east to point of beginning. (Tranquillon Mountain USGS 7.5'' 

Quad 1959, Lompoc Hills USGS 7.5'' Quad 1971, and Point Conception USGS 

7.5'' Quad 1974).



[[Page 68538]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.061





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

Unit 1--Devereaux Beach

    Beginning at 34 deg.25'13'' N, 119 deg.53'31'' W, located on 20 

foot contour line, thence southeasterly following 20-foot contour line, 

thence northeasterly around Coal Oil Point to 34 deg.24'33'' N, 

119 deg.51'57'' W, located on 20 foot contour line, thence south to 

MLW, thence westerly following MLW, southwesterly around Coal Oil 

Point, thence northwesterly to a point south of point of beginning, 

thence north to point of beginning. (Dos Pueblos Canyon and Goleta USGS 

7.5'' Quad 1988).

[GRAPHIC] [TIFF OMITTED] TR07DE99.062



Unit 2--Point Castillo/ Santa Barbara Harbor Beach

Point Castillo

    Beginning (breakwater and sandspit) at 34 deg.24'17'' N, 

119 deg.41'13'' W, located at Beacon, thence south to MLW, thence 

southwesterly following MLW on outside of breakwater to Point Castillo, 

thence northeasterly following MLW inside of breakwater to southwest 

end of sandspit, thence circle sandspit clockwise following MLW to a 

point south of point of beginning, thence north to point of beginning. 

(Santa Barbara USGS 7.5'' Quad 1967).

Santa Barbara Harbor Beach

    Beginning at 34 deg.24'16'' N, 119 deg.41'37'' W, located at 

southwest end of beach, thence northeasterly following a line south of 

Cabrillo Blvd. to 34 deg.24'09'' N, 119 deg.38'22'' W, located on west 

side of Stearns Wharf, thence northeasterly to 34 deg.24'54'' N, 

119 deg.40'52'' W, thence easterly following a line just south of 

Cabrillo Blvd. to 34 deg.25'03'' N, 119 deg.39'50'' W, thence 

southeasterly to 34 deg.25'00'' N, 119 deg.38'01'' W, thence south to 

MLW, thence southwesterly following MLW to a point east of point of 

beginning, thence west to point of beginning. (Santa Barbara USGS 7.5'' 

Quad 1967).

[GRAPHIC] [TIFF OMITTED] TR07DE99.063



Unit 3--Carpinteria Beach

    Beginning at 34 deg.23'38'' N, 119 deg.31'26'' W, located at end of 

Linden St. on northwest end of beach, thence southeasterly to 

34 deg.23'22'' N, 119 deg.31'02'' W, located at southeast end of the 

beach, thence south to MLW, thence northwesterly following MLW to a 

point south of point of beginning, thence north to point of beginning. 

(Carpinteria USGS 7.5'' Quad 1988).

[GRAPHIC] [TIFF OMITTED] TR07DE99.064



BILLING CODE 4310-55-P



[[Page 68539]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.065







BILLING CODE 4310-55-C



[[Page 68540]]



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

Unit 1--San Buena/Ventura Beach

    Beginning 34 deg.16'33'' N, 119 deg.17'38'' W, which is located at 

northwest end of beach, thence east to 34 deg.16'51'' N, 

119 deg.17'24'' W, thence southeasterly to 34 deg.16'40'' N, 

119 deg.17'03'' W, thence southeasterly to 34 deg.16'15'' N, 

119 deg.16'33'' W, thence southeasterly to 34 deg.15'40'' N, 

119 deg.16'16'' W, thence southeasterly to 34 deg.15'02'' N, 

119 deg.15'52'' W, thence west to MLW, thence northwesterly following 

MLW to a point south of point of beginning, thence north to point of 

beginning. (Ventura USGS 7.5'' Quad 1967).

[GRAPHIC] [TIFF OMITTED] TR07DE99.066



Unit 2--Mandalay Beach/Santa Clara River Mouth

    Beginning at 34 deg.14'28'' N, 119 deg.16'12'' W, located at the 

north end of beach, thence southeasterly to 34 deg.14'10'' N, 

119 deg.15'30'' W, located on north bank of Santa Clara River, thence 

east to 34 deg.14'09'' N, 119 deg.15'57'' W, thence south to 

34 deg.14'09'' N, 119 deg.13'57'' W, thence west following south bank 

of Santa Clara River to 34 deg.14'01'' N, 119 deg.15'30'' W, thence 

southwesterly to 34 deg.13'53'' N, 119 deg.15'40'' W, located on 15-

foot contour line, thence southeasterly to 34 deg.12'58'' N, 

119 deg.15'15'' W, located on north end of McGrath Lake, thence 

southeasterly following 15-foot contour line to 34 deg.09'30'' N, 

119 deg.13'28'' W, located on north side of boat ramp, thence west to 

MLW, thence northwesterly following MLW to a point west of point of 

beginning, thence east to point of beginning. (Oxnard USGS 7.5'' Quad 

1967).

[GRAPHIC] [TIFF OMITTED] TR07DE99.067



Unit 3--Ormond Beach

    Beginning at 34 deg.08'40'' N, 119 deg.11'58'' W, located east of 

road to jetty, thence southeasterly to 34 deg.08'49'' N, 

119 deg.11'58'' W, thence southeasterly to 34 deg.07'48'' N, 

119 deg.10'15'' W, located at northwest end of wetlands, thence 

southeasterly to 34 deg.07'22'' N, 119 deg.09'19'' W, located on west 

side of Arnold Road, thence southwest along Arnold Road to 

34 deg.07'10'' N, 119 deg.09'32'' W, located at end of Arnold Road, 

thence west to MLW, thence northwesterly following MLW to a point south 

of point of beginning, thence north to point of beginning. (Oxnard and 

Point Mugu USGS 7.5'' Quads 1967).

[GRAPHIC] [TIFF OMITTED] TR07DE99.068



Unit 4--Mugu Lagoon Beach

    Beginning at 34 deg.07'15'' N, 119 deg.09'28'' W, thence 

southeasterly to 34 deg.06'45'' N, 119 deg.08'44'' W, thence 

southwesterly to 34 deg.06'42'' N, 119 deg.08'47'' W, thence 

southeasterly to 34 deg.06'31'' N, 119 deg.08'32'' W, thence 

southeasterly to 34 deg.06'20'' N, 119 deg.08'10'' W, thence 

southeasterly following 10-foot contour line to 34 deg.06'03'' N, 

119 deg.05'44'' W, thence east following the HWL of Mugu Lagoon and 

crossing the mouth of said lagoon to 34 deg.05'34'' N, 119 deg.04'13'' 

W, thence southeasterly to 34 deg.05'28'' N, 119 deg.04'08'' W, located 

on 10 foot contour line, thence southeasterly following 10 foot contour 

line to 34 deg.05'10'' N, 119 deg.03'38'' W, located on west side of 

Point Mugu, thence west to MLW, thence northwesterly following MLW, but 

excluding the mouth of Mugu Lagoon, to a point south of point of 

beginning, thence north to point of beginning. (Point Mugu USGS 7.5'' 

Quad 1967).



[[Page 68541]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.069







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

Unit SN-1

    Beginning at 33 deg.14'02'' N, 119 deg.26'12'' W, thence east to 

MLW, thence southeasterly and southwesterly following MLW around east 

end of Island to a point east of 33 deg.13'27'' N, 119 deg.26'11'' W, 

thence west to said point, thence north following 25-foot contour line 

to point of beginning. (San Nicolas Island USGS 7.5'' Quad 1956).

Unit SN-2

    Beginning at 33 deg.12'59'' N, 119 deg.28'33'' W, located south of 

Island Road, thence easterly to 33 deg.12'57'' N, 119 deg.27'59'' W, 

thence easterly to 33 deg.13'02'' N, 119 deg.27'17'' W, thence easterly 

to 33 deg.13'10'' N, 119 deg.26'55'' W, thence south to MLW, thence 

west following MLW to a point south of point of beginning, thence north 

to point of beginning. (San Nicolas Island USGS 7.5'' Quad 1956)

Unit SN-3.

    Beginning at 33 deg.13'12'' N, 119 deg.29'36'' W, located south of 

Island Road, thence easterly to 33 deg.13'11'' N, 119 deg.29'09'' W, 

thence easterly to 33 deg.13'02'' N, 119 deg.28'39'' W, thence south to 

MLW, thence west following MLW to a point south of point of beginning, 

thence north to point of beginning. (San Nicolas Island USGS 7.5'' Quad 

1956).

Unit SN-4

    Beginning at 33 deg.13'18'' N, 119 deg.30'05'' W, thence 

southeasterly to 33 deg.13'10'' N, 119 deg.29'48'' W, thence west to 

MLW, thence northwesterly to a point south of point of beginning, 

thence north to point of beginning. (San Nicolas Island USGS 7.5'' Quad 

1956)

Unit SN-5

    Beginning at 33 deg.13'24'' N, 119 deg.30'25'' W, thence 

southeasterly to 33 deg.13'17'' N, 119 deg.30'09'' W, thence south to 

MLW, thence northwesterly following MLW to a point south of point of 

beginning, thence north to point of beginning. (San Nicolas Island USGS 

7.5'' Quad 1956).

Unit SN-6

    Beginning at 33 deg.13'47'' N, 119 deg.31'12'' W, thence 

southeasterly to 33 deg.13'36'' N, 119 deg.30'55'' W, thence south to 

MLW, thence northwesterly following MLW to a point south of point of 

beginning, thence north to point of beginning. (San Nicolas Island USGS 

7.5'' Quad 1956).

Unit SN-7

    Beginning at 33 deg.14'10'' N, 119 deg.32'49'' W, thence 

southeasterly to 33 deg.14'07'' N, 119 deg.32'41'' W, thence 

southeasterly to 33 deg.14'00'' N, 119 deg.32'38'' W, thence south to 

MLW, thence northwesterly following MLW to a point south of point of 

beginning, thence north to point of beginning. (San Nicolas Island USGS 

7.5'' Quad 1956).

Unit SN-8

    Beach within circle with a radius of 250 feet with center at 

33 deg.14'40'' N, 119 deg.33'29'' W. (San Nicolas Island USGS 7.5'' 

Quad 1956).

Unit SN-9

    Beginning at 33 deg.16'22'' N, 119 deg.33'11'' W, thence 

southwesterly to 33 deg.16'17'' N, 119 deg.33'22'' W, thence 

southwesterly to 33 deg.16'13'' N, 119 deg.33'43'' W, thence north to 

MLW, thence northeasterly following MLW to a point north of point of 

beginning, thence south to point of beginning. (San Nicolas Island USGS 

7.5'' Quad 1956).

Unit SN-10

    Beginning at 33 deg.17'01'' N, 119 deg.31'58'' W, thence 

southwesterly to 33 deg.16'51'' N, 119 deg.32'08'' W, thence 

southwesterly to 33 deg.16'47'' N, 119 deg.32'21'' W, thence north to 

MLW, thence northeasterly following MLW to a point west of point of 

beginning, thence east to point of beginning. (San Nicolas Island USGS 

7.5'' Quad 1956).

Unit SN-11

    Beginning at 33 deg.15'31'' N, 119 deg.27'52'' W, thence westerly 

to 33 deg.15'32'' N, 119 deg.28'11'' W, thence westerly to 

33 deg.15'46'' N, 119 deg.28'55'' W, thence northwesterly to 

33 deg.15'59'' N, 119 deg.29'10'' W, thence southwesterly to 

33 deg.15'54'' N, 119 deg.29'34'' W, thence northwesterly to 

33 deg.15'58'' N, 119 deg.29'52'' W, thence north to MLW, thence 

easterly following MLW to a point north of point of beginning, thence 

south to point of beginning. (San Nicolas Island USGS 7.5'' Quad 1956).

Unit SN-12

    Beginning at 33 deg.14'25'' N, 119 deg.26'35'' W, thence 

northwesterly to 33 deg.14'40'' N, 119 deg.26'49''W, thence east to 

MLW, thence southeasterly following MLW to a point east of point of 

beginning, thence west to point of beginning. (San Nicolas Island USGS 

7.5'' Quad 1956).



[[Page 68542]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.070





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

    Beginning at 34 deg.01'58'' N, 118 deg.40'53'' W, thence 

northwesterly crossing Highway 1, and excluding Highway 1 and the 

existing ROW north and south of Highway 1, to 34 deg.02'04'' N, 

118 deg.40'56'' W, thence northwesterly to 34 deg.02'13'' N, 

118 deg.40'59'' W, thence northeasterly to 34 deg.02'14'' N, 

118 deg.40'56'' W, thence southeasterly to 34 deg.02'03'' N, 

118 deg.40'47'' W, thence east to 34 deg.02'03'' N, 118 deg.40'44'' W, 

thence northeasterly to 34 deg.02'12'' N, 118 deg.40'37'' W, thence 

south to MLW, thence southerly and westerly following MLW to a point 

directly south of the point of beginning, thence north to the point of 

beginning. (Malibu Beach USGS 7.5## Quad 1981).

[GRAPHIC] [TIFF OMITTED] TR07DE99.071



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

Unit 1--Fiesta Island

    Beginning at 32 deg.46'07'' N, 117 deg.14'34'' W, thence south to 

MLW, thence southerly and northerly following MLW to a point directly 

south of 32 deg.45'34'' N, 117 deg.14'50'' W, thence north to said 

point, thence northwesterly to 32 deg.45'52'' N, 117 deg.14'58'' W, 

thence northeasterly to 32 deg.46'16'' N, 117 deg.14'55'' W, thence 

southeasterly to the point of beginning. (La Jolla USGS 7.5'' Quad 

1975).

Unit 2--Mariner's Basin

    Beginning at 32 deg.46'31'' N, 117 deg.13'25'' W, thence 

southeasterly to 32 deg.46'30'' N, 117 deg.13'23'' W, thence 

southwesterly to 32 deg.46'15'' N, 117 deg.13'34'' W, thence 

southeasterly to 32 deg.46'10'' N, 117 deg.13'23'' W, thence south to 

MLW, thence westerly and northerly following MLW to a point directly 

west of the point of beginning, thence east to the point of beginning. 

(La Jolla USGS 7.5'' Quad 1975).

Unit 3--Mission Beach

    Beginning at 32 deg.46'26'' N, 117 deg.15'08'' W, thence southerly 

to 32 deg.46'02'' N, 117 deg.15'06'' W, thence southerly to 

32 deg.45'43'' N, 117 deg.15'05'' W, thence southeasterly to 

32 deg.45'34'' N, 117 deg.14'57'' W, which is on the north jetty to 

Mission Bay, thence westerly following the north side of the jetty to 

MLW, thence northerly following MLW to a point directly west of the 

point of beginning, thence east to the point of beginning. (La Jolla 

USGS 7.5'' Quad 1975).



[[Page 68543]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.072





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

Unit 1--Silver Strand/Delta Beach

    Beginning at 32 deg.40'08'' N, 117 deg.09'54'' W, thence 

northeasterly to the west side of the San Diego and Arizona Eastern 

Railroad tracks, thence southeasterly to 32 deg.40'07'' N, 

117 deg.09'42'' W, thence east to MLW, thence southeasterly following 

MLW to a point directly north of 32 deg.39'27'' N, 117 deg.09'10'' W, 

thence south to said point, thence northeasterly to 32 deg.39'30'' N, 

117 deg.08'57'' W, thence southeasterly to 32 deg.39'16'' N, 

117 deg.08'48'' W, thence southwesterly to 32 deg.39'11'' N, 

117 deg.09'00'' W, thence southeasterly following the west side of the 

San Diego and Arizona Eastern Railroad tracks and the west side of 

Silver Strand Boulevard to 32 deg.36'43'' N, 117 deg.08'02'' W, thence 

southeasterly to 32 deg.36'32'' N, 117 deg.07'55'' W, thence southerly 

to 32 deg.35'09'' N, 117 deg.07'51'' W, thence west to MLW, thence 

north following MLW to a point directly west of the point of beginning, 

thence east to the point of beginning. (Point Loma and Imperial Beach, 

Calif.--Baja Calif. Norte USGS 7.5'' Quads 1975).

[GRAPHIC] [TIFF OMITTED] TR07DE99.073



Unit 2--Tijuana River Beach

    Beginning at 32 deg.34'01'' N, 117 deg.07'53'' W, thence southerly 

following the unimproved road to 32 deg.33'44'' N, 117 deg.07'49'' W, 

thence east to the HWL of Oneonta Slough, thence south following the 

HWL of said slough to 32 deg.33'26'' N, 117 deg.07'40'' W, which is at 

the mouth of Tijuana River, thence southeasterly crossing said river to 

32 deg.32'36'' N, 117 deg.07'24'' W, thence south to 32 deg.32'04'' N, 

117 deg.07'24'' W, thence west to MLW, thence northerly following MLW, 

but excluding the mouth of Tijuana River, to a point directly west of 

the point of beginning, thence east to the point of beginning. Excludes 

all our property. (Imperial Beach, Calif.--Baja Calif. Norte USGS 7.5'' 

Quad 1975).



[[Page 68544]]



[GRAPHIC] [TIFF OMITTED] TR07DE99.074







    Dated: November 24, 1999.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 99-31357 Filed 12-1-99; 8:45 am]

BILLING CODE 4310-55-P