2011 Federal Register, 76 FR 16045; Centralized Library: U.S. Fish and Wildlife Service - Federal Register, Volume 76 Issue 55 (Tuesday, March 22, 2011)

[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Proposed Rules]
[Pages 16046-16165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4906]

[[Page 16045]]

Vol. 76

Tuesday,

No. 55

March 22, 2011

Part II

Department of the Interior

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50 CFR Part 17

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

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

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

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

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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

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

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

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

SUPPLEMENTARY INFORMATION:

Public Comments

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

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

Background

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

Species Description

The western snowy plover, one of two subspecies of snowy plover
recognized by the American Ornithologists' Union to nest in North
America, is a small shorebird with pale brown to gray upperparts, gray
to black legs and bill, and dark patches on the forehead, behind the
eyes, and on either side of the upper breast (Page et al. 1995, p. 2).
The species was first described in 1758 by Linnaeus (American
Ornithologists' Union 1957). The Pacific Coast distinct population
segment of the western snowy plover (Pacific Coast WSP) is defined as
those individuals nesting adjacent to tidal waters within 50 miles (mi)
(80 kilometers (km)) of the Pacific Ocean, including all nesting birds
on the mainland coast, peninsulas, offshore islands, adjacent bays,
estuaries and coastal rivers. For a more complete discussion of the
ecology and life history of this population, please see the final rule
for listing the Pacific Coast WSP as a threatened species, which was
published in the Federal Register on March 5, 1993 (58 FR 12864), or
the Service's April 21, 2006, 12-month finding on a petition to delist
the Pacific Coast WSP (71 FR 20607).

Life History

Pacific Coast WSPs typically forage for small invertebrates in wet
or dry beach sand, tide-cast kelp (Macrocystis sp.), low foredune
vegetation (vegetation along the coastal dune or ridge that is parallel
to the shoreline), and near water seeps in salt pans. Prey species
include mole crabs (Emerita analoga), crabs (Pachygrapsus crassipes),
polychaete worms (Neridae, Lumbrineris zonata, etc.), amphipods
(Corophium spp., etc.), sand hoppers (Orchestoidea), flies (Ephydridae,
Dolichopodidae), and beetles (Carabidae, etc.). Accordingly, beach-
cleaning activities that remove kelp and rake sand can harm plover
foraging success (Page et al. 1995, p. 15; Dugan 2003, p. 138; Dugan &
Hubbard 2009, p. 72).
Generally, the breeding season for Pacific Coast WSP extends from
early March to late September, with birds at more southerly locations
nesting earlier in the season than birds located farther north (Page et
al. 1995, p. 10). Courtship behavior and pair bonding can occur in
February, and in the southern portion of the range, a few nests have
been initiated as early as late-January. Males establish nesting
territories from which they advertise for mates using calls and
behavioral displays. Territory sizes can vary from about 0.25 to 2.5 ac
(0.1 to 1.0 ha) at interior sites (Page et al. 1995, p. 7). A study of
coastal plovers found a maximum territory size of 1.2 ac (0.5 ha) in
coastal salt pan habitat, but speculated in the absence of
observational data that beach territories may have been larger
(Warriner et al. 1986, p. 21). After pair formation, both sexes defend
the nesting territory from other plovers. The purpose of such defense
is apparently unrelated to protection of food resources within the
territory, since both sexes frequently forage in nonterritorial areas
up to 5 mi (8 km) from the nest when not incubating, and since the
chicks and attending adults typically leave the nesting territory
shortly after hatching (Page et al. 1995, p. 10).
Clutches normally consist of three eggs laid in a shallow
depression scraped in the sand by the male. Such ``nests'' are
typically located in open flat areas, often near some conspicuous
feature such as a piece of driftwood (Page and Stenzel 1981, p. 2; Page
et al. 1995, p. 10). They are usually located within 328 feet (ft) (100
meters (m)) of the shore, but may be farther where shore access remains
unblocked by dense vegetation (Page and Stenzel 1981, p. 2; Page et al.
1995, p. 7). Pacific Coast WSPs also tend to nest in relatively higher
densities near fresh water or brackish wetlands such as river mouths,
estuaries, and tidal marshes (Page and Stenzel 1981, p. 2). They use
these areas both as foraging sites, and in the case of freshwater
sources, for drinking water (Page and Stenzel 1981, p. 2; Page et al.
1995, p. 10). They may also be capable of functioning for long-periods
without freshwater by subsisting on water obtained from insect prey
(Purdue 1976, p. 352; Page et al. 1995, p. 5).
Both sexes incubate the eggs; typically females during daylight
hours, and males during night. The male may relieve the female for a
period during the day. Females often desert the chicks approximately 1
week after hatching (Warriner et al. 1986, p. 27; Page et al. 1995, p.
10). The last brood of the season may be raised by both the male and
female. Leaving the brood for the male to raise allows females to nest
up to three times in a season, particularly in more southern areas
where nesting seasons are longer in duration. Males typically stay with
the chicks until they fledge (take their first flight) about 30 days
after hatching. Newly hatched chicks are capable of running and
foraging almost immediately; from this point, parental behavior
consists of defending chicks from other plovers, brooding them in cold
weather, leading them to suitable feeding areas, and warning of
approaching predators. Adults may also employ distraction displays to
lead predators away from their young (Page et al. 1995, p. 9).
After their first chicks fledge, males may attempt to raise a new
brood with a new partner. Both sexes will also readily attempt to
renest if they lose an entire clutch of eggs or brood of chicks,
assuming enough time remains in the nesting season (Page et al. 1995,
p. 12). Clutches and broods may be lost to predators, tides and storms,
and human recreational activities. Examples of the latter include both
repeated flushings of incubating adult plovers and direct

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

Habitat, Geographic Range, and Status

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

Previous Federal Actions

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

Critical Habitat

Background

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

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

Methods

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

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

Physical and Biological Features

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

[[Page 16051]]

camouflage and running speed. Pacific Coast WSPs are visually oriented
and rely on open landscapes to detect predators. Chicks and adults may
also crouch amongst the sand and pebbles or near driftwood, dune
plants, and piles of kelp in an attempt to blend into their
surroundings in plain sight (crypsis) as a means to hide from predators
(Page and Stenzel 1981, p. 7; Stevens and Merilaita 2009, p. 423). Open
areas do not provide shelter from winds, storms, and the extreme high
tides associated with such events, and these conditions cause many nest
losses. Pacific Coast WSP readily scrape blown sand out of their nests,
but there is little they can do to protect their nests against serious
storms or flooding other than to attempt to lay a new clutch if the old
one is lost (Page et al. 1995, p. 8).
Sandy beaches, dune systems immediately inland of an active beach
face, salt flats, mud flats, seasonally exposed gravel bars, salt ponds
and adjoining levees, and dredge spoil sites are areas that may provide
micro-topographic relief offering refuge from high winds and cold
weather and sites for nesting. Surf- or water-deposited organic debris
such as seaweed or driftwood located on open substrates supports and
attracts small invertebrates that plovers eat, provides cover or
shelter from predators and weather, and assists in avoidance of
detection (crypsis) for nests, chicks, and incubating adults.
No studies have quantified the amount of vegetation cover that
would make an area unsuitable for nesting or foraging, but coastal
nesting and foraging locations typically have relatively well-defined
boundaries between open sandy substrate favorable to Pacific Coast WSPs
and unfavorably dense vegetation inland. These bounds show up well in
aerial and satellite photographs, which we used to map essential
habitat features.
Undisturbed Areas
Disturbance of nesting or brooding plovers by humans and domestic
animals is a major factor affecting nesting success. Pacific Coast WSPs
leave their nests when humans or pets approach too closely. Dogs may
also deliberately chase plovers and may trample nests, while vehicles
may directly crush adults, chicks, or nests, separate chicks from
brooding adults, and interfere with foraging and mating activities
(Warriner et al. 1986, p. 25; Service 1993, p. 12871; Ruhlen et al.
2003, p. 303). Repeated flushing of incubating plovers exposes the eggs
to the weather and depletes energy reserves needed by the adult, which
may result in reductions in nesting success. Surveys at Vandenberg Air
Force Base, California, from 1994 to 1997, found the rate of nest loss
on southern beaches at the Base to be consistently higher than on
northern beaches where recreational use was much lower (Persons and
Applegate 1997, p. 8). Ruhlen et al. (2003, p. 303) found that
increased human activities on Point Reyes beaches resulted in a lower
chick survival rate.
Recent efforts in various areas along the Pacific Coast that have
been implemented to isolate nesting plovers from recreational beach
users through the use of docents, symbolic fencing (post and signage or
single rope fencing), and public outreach, have correlated with higher
nesting success in those areas (Page et al. 2003, p. 3). The level of
acceptable disturbance varies by site and is partially dependent upon
the level of human use when Pacific Coast WSPs initiate courtship and
nesting. Pacific Coast WSPs have had reproductive success in both
highly disturbed areas (e.g., Oceano Dunes State Vehicular Recreation
Area), and areas that for the most part have been off-limits to direct
human-related activities (e.g., Vandenberg Air Force Base). Predators
at some sites can provide a significant level of disturbance, as well
as loss of eggs, chicks, and adults.
Sites for Breeding, Reproduction, and Rearing (or Development) of
Offspring
Pacific Coast WSPs nest in depressions in open, relatively flat
areas, near to tidal waters but far enough away to avoid being
inundated by daily tides. Typical substrate is beach sand, but plovers
may also lay their eggs in existing depressions in harder ground, such
as salt pan, cobblestones, or dredge tailings. Where available, dune
systems with numerous flat areas and easy access to the shore are
particularly favored for nesting. Plover nesting areas must provide
shelter from predators and human disturbance, as discussed above.
Unfledged chicks forage with one or both parents, using the same
foraging areas and behaviors as adults.
Primary Constituent Elements for the Pacific Coast Western Snowy Plover
Under the Act and its implementing regulations, we are required to
identify the physical and biological features essential to the
conservation of the Pacific Coast WSP in areas occupied at the time of
listing, focusing on the features' primary constituent elements. We
consider primary constituent elements to be the elements of physical
and biological features that, when laid out in the appropriate quantity
and spatial arrangement to provide for a species' life-history
processes, are essential to the conservation of the species. We are
proposing to designate critical habitat in areas within the
geographical areas that were occupied by the species at the time of
listing, that contain the primary constituent elements in the quantity
and spatial arrangement to support life-history functions essential to
the conservation of the species, and that may require special
management considerations or protection. We are also proposing to
designate areas outside the geographical area occupied by the species
at the time of listing because we consider these areas essential for
the conservation of the species. These sites are within the range of
the Pacific Coast WSP, and were used by the species prior to listing.
Due to habitat degradation and loss resulting from rising sea level,
human development, and encroachment, we believe it prudent to include
these additional sites in our designation to allow an expanding Pacific
Coast WSP population to adjust to natural occurring dynamic conditions
and threats. See Criteria Used To Identify Critical Habitat section
below for a discussion of the species' geographic range.
We are proposing critical habitat designation of areas that provide
some or all of the elements of physical or biological features
essential to the conservation of this species. The conservation of the
Pacific Coast WSP is dependent upon multiple factors, including the
conservation and management of areas to maintain normal ecological
functions, where existing populations survive and reproduce. The areas
proposed as critical habitat in this rule contain the quantity and
arrangement of elements of physical and biological features we believe
are essential for the conservation and recovery of the Pacific Coast
WSP. The amount and distribution of areas proposed to be designated
allow for the Pacific Coast WSP populations to be distributed
throughout the area currently occupied and to return to areas formerly
occupied within their range, to support recovery criteria outlined for
each recovery unit, and, consequently, to support recovery range-wide
(see recovery criteria in Service 2007). Based on the best available
information, the primary constituent elements essential to conservation
of the Pacific Coast WSP are the following:
Sandy beaches, dune systems immediately inland of an active beach
face, salt flats, mud flats, seasonally exposed gravel bars, artificial
salt ponds

[[Page 16052]]

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

Special Management Considerations or Protection

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

Criteria Used To Identify Critical Habitat

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

[[Page 16053]]

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

[[Page 16054]]

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

Summary of Changes From Previously Designated Critical Habitat

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

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

[[Page 16055]]

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

[[Page 16056]]

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

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

[[Page 16057]]

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

Proposed Revised Critical Habitat Designation

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

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

[[Page 16058]]

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

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

[[Page 16059]]

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

[[Page 16060]]

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

[[Page 16061]]

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

Critical Habitat Units

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

[[Page 16062]]

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

[[Page 16063]]

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

[[Page 16064]]

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

[[Page 16065]]

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

[[Page 16066]]

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

[[Page 16067]]

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

[[Page 16068]]

regulations are needed to ensure the physical or biological features
are maintained within the subunit. With time, we anticipate that the
entire subunit will be inundated with sea-level rise associated with
climate change.
CA 4A, Clam Beach/Little River, 194 ac (79 ha):
The subunit is located in Humboldt County immediately east and
north of the Town of McKinleyville. The Clam Beach/Little River
subunit's northern boundary is directly across from the south abutment
of the U.S. Highway 101 Bridge that crosses the Little River. The
southern subunit boundary is aligned with the north end of the
southernmost, paved Clam Beach parking area. The length of the subunit
is approximately 2 mi (3 km). Approximately 79 ac (32 ha) are State
owned.
This subunit was occupied at the time of listing and is currently
occupied. During 2003, the subunit supported a breeding population of
approximately 12 Pacific Coast WSPs, and a winter population of up to
55 plovers (Service unpublished data). This subunit is one of four
primary nesting locations within northern California. Based on the
Recovery Plan, we expect the subunit to be capable of supporting six
pairs of breeding plovers (Service 2007, Appendix B).
Essential features of the subunit that contribute towards the
conservation of the Pacific Coast WSP include large areas of sandy
dunes, areas of sandy beach above and below the high-tide line, and
generally barren to sparsely vegetated terrain.
Primary threats to nests, chicks, and both wintering and breeding
adult Pacific Coast WSPs that may require special management in this
subunit are: nonnative vegetation, OHV use, predators, and disturbance
caused by humans and pets. Special management is needed to control
nonnative vegetation and enforcement of existing human-use regulations.
With time, we anticipate that the lower portions of this subunit will
be inundated with sea-level rise associated with climate change.
CA 4B, Mad River Beach, 456 ac (184 ha):
The subunit is located in Humboldt County immediately east of the
Town of McKinleyville. This subunit was largely swept clean of European
beach grass when the Mad River temporarily shifted north in the 1980s
and 1990s. The Mad River Beach subunit is approximately 3 mi (5 km)
long, and ranges from the U.S. Highway 101 Vista Point below the
Arcata-Eureka Airport in the north, to School Road in the south.
Approximately 152 ac (62 ha) are managed by the State, and the
remaining 304 ac (123 ha) are owned and managed by Humboldt County, or
are privately owned. This subunit was occupied at the time of listing
and is currently occupied. We expect it to eventually support 12
breeding Pacific Coast WSPs with proper management (Service 2007,
Appendix B). The current breeding population is believed to be less
than 5 plovers, although plovers from this subunit readily intermix
with plovers in CA 4A and elsewhere (Colwell et al. 2009, p. 9; Service
unpublished data). Occasional winter use by plovers has been
intermittently documented, with most wintering within the adjacent
critical habitat subunit to the north (Service unpublished data).
Essential features of the subunit that contribute towards the
conservation of the Pacific Coast WSP include large areas of sandy
dunes, areas of sandy beach above and below the high-tide line, and
generally barren to sparsely vegetated terrain.
Primary threats to nests, chicks, and both wintering and breeding
adult Pacific Coast WSPs that may require special management are:
nonnative vegetation, OHV use, and disturbance caused by equestrians
(i.e., people riding horses) and humans with accompanying pets. Control
of nonnative vegetation and enforcement of existing human-use
regulations are needed to ensure the physical or biological features
are maintained within the subunit. With time, we anticipate that the
lower portions of this subunit will be inundated with sea-level rise
associated with climate change.
CA 5A, Humboldt Bay, South Spit Beach, 419 ac (170 ha):
This subunit is located in Humboldt County adjacent to Humboldt
Bay, less than 1 mi west of the City of Eureka, with the southern
boundary being Table Bluff. Approximately 383 ac (155 ha) of the unit
are owned by the CDFG, but are managed by BLM, 10.1 ac (4.1 ha) are
owned and managed by Humboldt County, and 20.2 ac (8.2 ha) are owned by
the USACE. The subunit is 5 mi (8 km) in total length.
This subunit was occupied at the time of listing and is currently
occupied. The Pacific Coast WSP wintering population within the subunit
is estimated at fewer than 15 individuals. Three nests, from four
breeders, were attempted within the subunit in 2003 (Service
unpublished data). This subunit is capable of supporting 30 breeding
plovers (Service 2007, Appendix B). The BLM has conducted habitat
restoration within the subunit, in consultation with us.
The following features essential to the conservation of the Pacific
Coast WSP can be found within the unit: Large areas of sandy dunes,
areas of sandy beach above and below the high-tide line, and generally
barren to sparsely vegetated terrain.
Primary threats to adult Pacific Coast WSPs, chicks, and nests that
may require special management are: nonnative vegetation, OHV use, and
disturbance from equestrians and humans with pets. Control of nonnative
vegetation and enforcement of existing human-use regulations are needed
to ensure the physical or biological features are maintained within the
unit. With time, we anticipate that the lower portions of this unit
will be inundated with sea-level rise associated with climate change.
CA 5B, Eel River North Spit and Beach, 259 ac (105 ha):
This subunit is located in Humboldt County about 4 mi (7 km) east
of the Town of Loleta and stretches from Table Bluff on the north to
the mouth of the Eel River in the south. The subunit is estimated to be
3.9 mi (7 km) long, and is managed by the CDFG, except for 7 ac (3 ha)
of private land.
This subunit was occupied at the time of listing and is currently
occupied with a wintering population of Pacific Coast WSPs estimated at
less than 20 (Service unpublished data). As many as 11 breeders have
been observed during breeding season window surveys, with a breeding
population estimated at less than 15 (Colwell et al. 2009, p. 9). We
expect this subunit to eventually support 20 breeding plovers with
proper management (Service 2007, Appendix B).
Essential features of the subunit include: Large areas of sandy,
sparsely vegetated dunes for reproduction and normal behavior, and
areas of sandy beach above and below the high-tide line supporting
small invertebrates for foraging. Surf-cast organic debris is an
important component of the habitat in this subunit, providing shelter
from the wind both for nesting Pacific Coast WSPs and for invertebrate
prey species.
Threats to essential physical and biological features that may
require special management include nonnative vegetation, predators,
OHVs, and disturbance from equestrians and humans with pets. Control of
nonnative vegetation and enforcement of existing human-use regulations
are needed to ensure the physical or biological features are maintained
within the subunit. With time, we anticipate that the lower portions of
this subunit will be inundated with sea-level rise associated with
climate change.

[[Page 16069]]

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

[[Page 16070]]

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

[[Page 16071]]

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

[[Page 16072]]

mouth. Unit CA 17 encompasses approximately 19 ac (8 ha) of State land
and 7 ac (3 ha) of private land.
This unit was occupied at the time of listing and the unit has
historically (prior to 2004) been an important breeding and wintering
site, supporting up to 11 breeding, and up to 50 wintering, Pacific
Coast WSPs (Service unpublished data). Although Pacific Coast WSPs have
not been documented in recent years, this unit contains features
essential to the conservation of the species and is needed to allow use
by the species in response to fluctuating habitat and resource
availability. The unit is located between currently occupied areas and
provides dispersal habitat between units. This unit provides habitat to
support breeding plovers and would facilitate interchange between
otherwise widely separated units and helps provide habitat within
Recovery Unit 4 along the central California Coast.
This unit includes the following physical and biological features
essential to the conservation of the species which may require special
management considerations or protection: Wind-blown sand dunes, areas
of sandy beach above and below the high-tide line with occasional surf-
cast wrack supporting small invertebrates, and generally barren to
sparsely vegetated terrain.
The primary threats to essential physical and biological features
that may require special management in this unit are nonnative
vegetation and human disturbance. Control of nonnative vegetation and
enforcement of existing human-use regulations are needed to ensure the
physical or biological features are maintained within the unit. With
time, we anticipate that the lower portions of this unit will be
inundated with sea-level rise associated with climate change.
CA 18, Scott Creek Beach, 23 ac (9 ha):
This unit includes the mouths of Scott and Molino Creeks and is
located about 13 mi (21 km) north of the City of Santa Cruz in Santa
Cruz County. It extends about 0.7 mi (1 km) north along the coast from
the southern end of the sandy beach, 0.3 mi (0.5 km) south of Molino
Creek, to a point about 0.1 mi (0.2 km) north of Scott Creek. Unit CA
18 encompasses approximately 15 ac (6 ha) of State land and 8 ac (3 ha)
of local jurisdictional land. This unit was occupied at the time of
listing and is currently occupied and recent surveys have found up to 4
breeding Pacific Coast WSPs, while historical surveys (prior to 2004)
have found up to 12 breeding plovers occupying the area (Service
unpublished data). Unit CA 18 is an important wintering area, with up
to 129 plovers recorded in a single season (Service unpublished data).
This unit is essential to the conservation of the species because,
with proper management, and in conjunction with the other two
relatively small units proposed for Santa Cruz County (CA 17 and 19),
it can attract additional breeding Pacific Coast WSPs and thereby
facilitate interchange between the larger units at Half Moon Bay (CA
16).
The unit includes the following habitat features essential to the
species: areas of sandy beach above and below the high-tide line with
occasional surf-cast wrack supporting small invertebrates and generally
barren to sparsely vegetated terrain.
Primary threats to essential physical and biological features that
may require special management in this unit are nonnative vegetation,
human disturbance, and predators. Control of nonnative vegetation and
enforcement of existing human-use regulations are needed to ensure the
physical or biological features are maintained within the unit. With
time, we anticipate that the lower portions of this unit will be
inundated with sea-level rise associated with climate change.
CA 19, Wilder Creek Beach, 15 ac (6 ha):
This unit is located at the mouth of Laguna Creek and is about 8 mi
(13 km) north of the City of Santa Cruz in Santa Cruz County. It
extends about 0.25 mi (0.4 km) north along the coast from the southern
end of the sandy beach to the northern end of the beach across the
mouth of Laguna Creek. The unit is entirely situated on State-owned
land. This unit was occupied at the time of listing and is currently
occupied. Although no breeding Pacific Coast WSPs have been observed in
recent years, five breeding plovers were found in the area prior to
2004 (Service unpublished data). Unit CA 19 is capable of supporting 16
breeding plovers under proper management (Service 2007, Appendix B).
Unit CA 19 is an important wintering area; up to 26 wintering plovers
have been observed at one time between the 2004 and 2009 period.
This unit is essential to the conservation of the species because,
with proper management, and in conjunction with the other two
relatively small units proposed for Santa Cruz County (CA 17 and 18),
it can attract additional breeding Pacific Coast WSPs and thereby
facilitate interchange between the larger units at Half Moon Bay (CA
16). The unit includes the following habitat features essential to the
species: areas of sandy beach above and below the high-tide line with
occasional surf-cast wrack supporting small invertebrates and generally
barren to sparsely vegetated terrain.
Primary threats to essential physical and biological features that
may require special management in this subunit are nonnative
vegetation, human disturbance, development, OHV use, pets, and
predators. Control of nonnative vegetation and enforcement of existing
human-use regulations are needed to ensure the physical or biological
features are maintained within the unit. With time, we anticipate that
the lower portions of this unit will be inundated with sea-level rise
associated with climate change.
CA 20, Jetty Road to Aptos, 399 ac (161 ha):
This unit is located about 5 mi (8 km) west of the City of
Watsonville and includes Sunset State Beach located in Santa Cruz
County and Zmudowski State Beach located in Monterey County. The mouth
of the Pajaro River is located near the center of the subunit, and
Elkhorn Slough is at the south end of the subunit. It extends about 8
mi (13 km) along the coast from Elkhorn Slough to Zils Road.
Approximately 369 ac (149 ha) are State-owned. This unit was occupied
at the time of listing and is currently occupied and is an important
breeding area, with as many as 105 breeding Pacific Coast WSPs each
year, and is also an important wintering area, with up to 250 plovers
each winter (Service unpublished data).
The unit includes the following habitat features essential to the
species: areas of sandy beach above and below the high-tide line with
occasional surf-cast wrack supporting small invertebrates, and
generally barren to sparsely vegetated terrain.
Primary threats to essential physical and biological features that
may require special management in this unit are nonnative vegetation,
human disturbance, development, horses, OHV use, pets, predators, and
habitat changes resulting from exotic vegetation. Control of nonnative
vegetation and enforcement of existing human-use regulations are needed
to ensure the physical or biological features are maintained within the
unit. With time, we anticipate that the lower portions of this unit
will be inundated with sea-level rise associated with climate change.
CA 21, Elkhorn Slough Mudflats, 281 ac (114 ha):
This unit is located about 3.5 mi (6 km) north of the City of
Castroville along the north side of Elkhorn Slough

[[Page 16073]]

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

[[Page 16074]]

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

[[Page 16075]]

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

[[Page 16076]]

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

[[Page 16077]]

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

[[Page 16078]]

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

[[Page 16079]]

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

[[Page 16080]]

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

[[Page 16081]]

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

[[Page 16082]]

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

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action which is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
Decisions by the 5th and 9th Circuit Courts of Appeals have
invalidated our regulatory definition of ``destruction or adverse
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S.
Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir. 2004) and Sierra
Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442 (5th
Cir. 2001)), and we do not rely on this regulatory definition when
analyzing whether an action is likely to destroy or adversely modify
critical habitat. Under the statutory provisions of the Act, we
determine destruction or adverse modification on the basis of whether,
with implementation of the proposed Federal action, the affected
critical habitat would continue to serve its intended conservation role
for the species.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with us. Examples of actions that are subject to the
section 7 consultation process are actions on State, Tribal, local, or
private lands that require a Federal permit (such as a permit from the
U.S. Army Corps of Engineers under section 404 of the Clean Water Act
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10
of the Act) or that involve some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat, and actions
on State, Tribal, local, or private lands that are not Federally funded
or authorized, do not require section 7 consultation.
As a result of section 7 consultation, we document compliance with
the requirements of section 7(a)(2) through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, or
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 50 CFR 402.02) as alternative actions identified
during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action;
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction;
(3) Are economically and technologically feasible; and
(4) Would, in the Director's opinion, avoid the likelihood of
jeopardizing the continued existence of the listed species and/or avoid
the likelihood of destroying or adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, Federal
agencies sometimes may need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.

Application of the ``Adverse Modification'' Standard

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

[[Page 16083]]

WSP. As discussed above, the role of critical habitat is to support
life-history needs of the species and provide for the conservation of
the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that may affect critical habitat, when carried out,
funded, or authorized by a Federal agency, should result in
consultation for the Pacific Coast WSP. These activities include, but
are not limited to:
(1) Actions and management efforts affecting Pacific Coast WSP on
Federal lands such as national seashores, parks, and wildlife reserves.
Such activities may include clearing and raking of tidal debris
(seaweed, driftwood) from beaches causing a loss in cover and forage;
high levels of visitor use, which can disturb and disrupt normal
behavior; and utility corridors that require maintenance, which can
lead to disturbance of Pacific Coast WSPs.
(2) Dredging and dredge spoil placement that permanently removes
elements of essential physical and biological features to the extent
Pacific Coast WSPs are affected for the foreseeable future.
(3) Construction and maintenance of roads, walkways, marinas,
access points, bridges, culverts and other structures which interfere
with Pacific Coast WSP nesting, breeding, or foraging or result in
increases in predation.
(4) Storm water and wastewater discharge from communities, which
could impact the abundance of invertebrates upon which Pacific Coast
WSPs rely for food.
(5) Flood control actions that change the elements of essential
physical and biological features to the extent that the habitat no
longer contributes to the conservation of the species.

Exemptions

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

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

[[Page 16084]]

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

[[Page 16085]]

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

[[Page 16086]]

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

[[Page 16087]]

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

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

Exclusions

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

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

[[Page 16088]]

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

Peer Review

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

Public Hearings

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

Required Determinations

Regulatory Planning and Review--Executive Order 12866

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

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

Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency must
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effects of the rule on small entities
(small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
The SBREFA amended RFA to require Federal agencies to provide a
certification statement of the factual basis for certifying that the
rule will not have a significant economic impact on a substantial
number of small entities.
At this time, we lack the available economic information necessary
to provide an adequate factual basis for the required RFA finding.
Therefore, we defer the RFA finding until completion of the draft
economic analysis prepared under section 4(b)(2) of the Act and
Executive Order 12866. This draft economic analysis will provide the
required factual basis for the RFA finding. Upon completion of the
draft economic analysis, we will announce availability of the draft
economic analysis of the proposed designation in the Federal Register
and reopen the public comment period for the proposed designation. We
will include with this announcement, as appropriate, an initial
regulatory flexibility analysis or a certification that the rule will
not have a significant economic impact on a substantial number of small
entities accompanied by the factual basis for that determination.
An analysis of the economic impacts for the previous proposed
critical habitat designation was conducted and made available to the
public on August 16, 2005 (70 FR 48094). This economic analysis was
finalized for the final rule to designate critical habitat for the
Pacific Coast WSP as published in the Federal Register on September 29,
2005 (70 FR 56969). The costs associated with critical habitat for the
Pacific Coast WSP, across the entire area considered for designation,
were primarily a result of the potential effect of critical habitat

[[Page 16089]]

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

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

Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. We do not expect the designation of this proposed
revised critical habitat to significantly affect energy supplies,
distribution, or use. This is based on our previous analysis conducted
for the previous designation of critical habitat. This analysis was
finalized for the final rule to designate critical habitat for the
Pacific Coast WSP as published in the Federal Register on September 29,
2005 (70 FR 56969). Therefore, this action is not a significant energy
action, and no Statement of Energy Effects is required. However, we
will further evaluate this issue as we conduct our economic analysis,
and we will review and revise this assessment as warranted.

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

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following findings:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or Tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or Tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and Tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or Tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; Aid to Families
with Dependent Children work programs; Child Nutrition; Food Stamps;
Social Services Block Grants; Vocational Rehabilitation State Grants;
Foster Care, Adoption Assistance, and Independent Living; Family
Support Welfare Services; and Child Support Enforcement. ``Federal
private sector mandate'' includes a regulation that ``would impose an
enforceable duty upon the private sector, except (i) a condition of
Federal assistance or (ii) a duty arising from participation in a
voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above onto State governments.
(2) Based in part on an analysis conducted for the previous
designation of critical habitat and extrapolated to this designation,
we do not expect this rule to significantly or uniquely affect small
governments. Small governments will be affected only to the extent that
any programs having Federal funds, permits, or other authorized
activities must ensure that their actions will not adversely affect the
critical habitat. Therefore, a Small Government Agency Plan is not
required. However, we will further evaluate these issues as we conduct
our economic analysis, and review and revise this assessment as
warranted.

Takings--Executive Order 12630

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

Federalism--Executive Order 13132

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

[[Page 16090]]

While non-Federal entities that receive Federal funding, assistance, or
permits, or that otherwise require approval or authorization from a
Federal agency for an action, may be indirectly impacted by the
designation of critical habitat, the legally binding duty to avoid
destruction or adverse modification of critical habitat rests squarely
on the Federal agency.

Civil Justice Reform--Executive Order 12988

In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that the rule does not
unduly burden the judicial system and that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We have proposed designating
critical habitat in accordance with the provisions of the Act. This
proposed rule uses standard property descriptions and identifies the
elements of physical and biological features essential to the
conservation of the Pacific Coast WSP within the designated areas to
assist the public in understanding the habitat needs of the species.

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

This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with designating
critical habitat under the Act. We published a notice outlining our
reasons for this determination in the Federal Register on October 25,
1983 (48 FR 49244). This position was upheld by the U.S. Court of
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).

Clarity of the Rule

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

Government-to-Government Relationship with Tribes

In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
Tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes.
The Shoalwater Bay Tribe in Washington is the only Tribe affected
by this proposed revised critical habitat rule. Approximately 335 ac
(136 ha) of Tribal lands within subunit 3B could be designated. The
Lacey Fish and Wildlife Office has entered into discussion with the
Tribe regarding the proposed revised designation in preparation of this
revised rule. We will be contacting the Shoalwater Bay Tribe and
requesting comments regarding the status of Pacific Coast WSPs on lands
under Tribal ownership and management. The Tribe has stated that they
are committed to continue with their efforts to manage their lands to
benefit the Pacific Coast WSP, and are asking that their lands be
excluded from designation.

References Cited

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

Authors

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

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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

2. In Sec. 17.95(b), revise the entry for ``Western Snowy Plover
(Charadrius alexandrinus nivosus)--Pacific Coast Population'' to read
as follows:

Sec. 17.95 Critical habitat--fish and wildlife.

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

[[Page 16091]]

mud flats, seasonally exposed gravel bars, artificial salt ponds and
adjoining levees, and dredge spoil sites, with:
(i) Areas that are below heavily vegetated areas or developed areas
and above the daily high tides,
(ii) Shoreline habitat areas for feeding, with no or very sparse
vegetation, that are between the annual low tide or low-water flow and
annual high tide or high-water flow, subject to inundation but not
constantly under water,
(iii) Surf- or water-deposited organic debris located on open
substrates, and
(iv) Minimal disturbance from the presence of humans, pets,
vehicles, or human-attracted predators.
(3) Critical habitat does not include existing features and
structures, such as buildings, paved areas, boat ramps, and other
developed areas not containing one or more of the primary constituent
elements. Any such structures that were inside the boundaries of a
critical habitat unit at the time it was designated are not critical
habitat. The land on which such structures directly sit is also not
critical habitat, so long as the structures remain in place.
(4) Note: Index map of critical habitat units for the Pacific Coast
western snowy plover (Charadrius alexandrinus nivosus) in Washington
follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP22MR11.000

[[Page 16092]]

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

[[Page 16093]]

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

[[Page 16094]]

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

[[Page 16095]]

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

[[Page 16096]]

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

[[Page 16097]]

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

[[Page 16098]]

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

[[Page 16099]]

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

[[Page 16100]]

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

[[Page 16101]]

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

[[Page 16102]]

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

[[Page 16103]]

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

[[Page 16104]]

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

[[Page 16105]]

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

[[Page 16106]]

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

[[Page 16107]]

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

[[Page 16108]]

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

[[Page 16109]]

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

[[Page 16110]]

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

[[Page 16111]]

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

[[Page 16112]]

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

[[Page 16113]]

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

[[Page 16114]]

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

[[Page 16115]]

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

[[Page 16116]]

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

[[Page 16117]]

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

[[Page 16118]]

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

[[Page 16119]]

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

[[Page 16120]]

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

[[Page 16121]]

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

[[Page 16122]]

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

[[Page 16123]]

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

[[Page 16124]]

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

[[Page 16125]]

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

[[Page 16126]]

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

[[Page 16127]]

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

[[Page 16128]]

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

[[Page 16129]]

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

[[Page 16130]]

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

[[Page 16131]]

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

[[Page 16132]]

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

[[Page 16133]]

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

[[Page 16134]]

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

[[Page 16135]]

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

[[Page 16136]]

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

[[Page 16137]]

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

[[Page 16138]]

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

[[Page 16139]]

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

[[Page 16140]]

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

[[Page 16141]]

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

[[Page 16142]]

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

[[Page 16143]]

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

[[Page 16144]]

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

[[Page 16145]]

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

[[Page 16146]]

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

[[Page 16147]]

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

[[Page 16148]]

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

[[Page 16149]]

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

[[Page 16150]]

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

[[Page 16151]]

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

[[Page 16152]]

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

[[Page 16153]]

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

[[Page 16154]]

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

[[Page 16155]]

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

[[Page 16156]]

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

[[Page 16157]]

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

[[Page 16158]]

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

[[Page 16159]]

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

[[Page 16160]]

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

[[Page 16161]]

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

[[Page 16162]]

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

[[Page 16163]]

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

[[Page 16164]]

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

[[Page 16165]]

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

* * * * *

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