13262 Federal Register / Vol. 65, No. 49 / Monday, March 13, 2000 / Proposed Rules proposed public interest exclusion (PIE) and to ensure adequate coverage of the DEPARTMENT OF THE INTERIOR provisions of the NPRM. subject matter. We call your attention DATES AND ADDRESSES: The public particularly to the ‘‘Roundtable Fish and Wildlife Service meetings will be held on March 20 and Discussion’’ on the second day of the 21, 2000, at the Ronald Reagan Building meeting concerning the service agent 50 CFR Part 17 and International Trade Center, 1300 accountability provisions of the RIN 1018±AF95 Pennsylvania Avenue, NW., proposed rules, known as the public Washington, DC 20004; on March 28, interest exclusion (PIE) proposal. This Endangered and Threatened Wildlife 2000, at the Hilton Los Angeles Airport, proposal has generated considerable and Plants; Proposed Designation of 5711 West Century Boulevard, Los interest among interested parties, and Critical Habitat for the Steller's Eider Angeles, CA 90045, telephone number we believe that it could be useful to AGENCY: Fish and Wildlife Service, (310) 410–4000, fax (310) 410–6177; and schedule an open, interactive discussion Interior. on March 30, 2000, at the Crowne Plaza, among attendees about it. This ACTION: Proposed rule. Dallas Market Center, 7050 Stemmons discussion will be in addition to the Freeway, Dallas, TX 75247, telephone opportunity for speakers to address this SUMMARY: We, the U.S. Fish and number (214) 630–8500, fax (214) 630– proposal in their regular statements. As Wildlife Service (Service), propose to 0037. time permits, the Department intends to designate critical habitat for the Alaska- FOR FURTHER INFORMATION CONTACT: For hold similar discussions as part of the breeding population of the Steller’s general meeting information and to Los Angeles and Dallas meetings as eider (Polysticta stelleri), a threatened register for one of the meetings, contact species pursuant to the Endangered well. the DOT contractor, Marti Bludworth, Species Act of 1973, as amended (Act). Transportation Safety Institute (TSI), Agenda—DOT Public Meeting, Ronald Proposed designation of critical habitat Special Programs Division, DTI–100, Reagan and International Trade Center, for the Steller’s eider includes areas on 4400 Will Rogers Parkway, Suite 205, Atrium Ballroom A the North Slope of Alaska, the Yukon- Oklahoma City, OK 73108–2057, Kuskokwim Delta (Y–K Delta), and telephone number (800) 862–4832, March 20–21, 2000 Washington, DC seven marine areas in southwest and extension 323, fax number (405) 946– Monday, March 20, 2000 south coastal Alaska. These areas total 4268, or e-mail 65,858 square kilometers (km2) (25,428 [email protected]. 09:00–09:15 Introduction and square miles (mi2)). The marine units SUPPLEMENTARY INFORMATION: Administrative Items include 14,458 kilometers (km) (8,984 09:15–09:55 Overview of the Notice of mi) of coastline. A. Purpose If this proposal is made final, section Proposed Rulemaking The purpose of the meetings is to 7(a)(2) of the Act requires that Federal provide all segments of the 10:00–11:10 Collection Issues agencies ensure that actions they fund, transportation industry and the general 11:15–11:30 Laboratory Issues permit, or carry out are not likely to result in the ‘‘destruction or adverse public with an opportunity to make 11:30–12:00 Q&A and Public modification’’ of critical habitat. statements, which have not already been Comments made previously, to the docket. These ‘‘Destruction or adverse modification’’ meetings would also give DOT the 01:00–01:50 Labor/Employer/ of critical habitat is defined as an opportunity to ask questions and ensure Employee Issues alteration that appreciably diminishes that the public comments are clearly 02:00–03:45 Medical Review Officer the value of critical habitat for both the understood by the Department. It may Issues survival and recovery of a listed species. also give the Department the Therefore, designation of critical habitat 03:50–04:10 Substance Abuse does not restrict human activity or opportunity to clarify issues related to Professional Issues comments that had already been development unless the impact to submitted to the docket during the early 04:10–05:00 Questions and Answers habitat is so significant that it impairs days of the formal comment period. and Additional Public Comments the survival or recovery potential of the listed taxon as a whole. Furthermore, Questions by commenters and other Tuesday, March 21, 2000 attendees to the DOT will be permitted the regulatory impact of critical habitat as time allows. Registration and meeting 09:00–10:10 Service Agents/Public designation does not extend beyond procedures were specified in the Interest Exclusion those activities funded, permitted, or January 18, 2000, notice. conducted by Federal agencies. 10:30–01:30 Public Interest Exclusion Exclusively State or private actions are B. Agenda for the Washington, DC, Round Table Discussion not affected. Meeting Issued this 7th day of March 2000, at Section 4 of the Act requires us to The meeting in Washington, DC will Washington, DC. consider economic and other impacts of be held for a day and a half to provide Mary Bernstein, specifying any particular area as critical habitat. We solicit data and comments ample opportunity for attendees to make Director, Office of Drug and Alcohol Policy comments and for DOT to have and Compliance, Department of from the public on all aspects of this additional time, if needed, to ask follow Transportation. proposal, including data on the economic and other impacts of the up questions. This geographic location [FR Doc. 00–6190 Filed 3–9–00; 12:09 pm] will also provide added opportunity for designation. We may revise this BILLING CODE 4910±62±P additional DOT staff and industry proposal to incorporate or address representatives from the Capital area to comments and other information attend the meeting. received during the comment period. The following is a tentative agenda DATES: The public comment period for that may be modified as needed to this proposal closes on May 12, 2000. accommodate the needs of commenters Requests for public hearings must be
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Survey, and North Slope Borough, Survey, pers. comm. 1999), around annually. When extrapolated to the unpubl. data) as well as in a number of Nunivak Island from July to October (B. entire study area, the number of locations in Russia (Jones 1965). McCaffery, Service, pers. comm. 1999) sightings suggests that hundreds or low However, it is unknown if Alaska- and offshore and along the lagoons of St. thousands (point estimates range from breeding Steller’s eiders molt in Lawrence Island in summer (Fay 1961). 534 to 2,543 in 1989–1998) of Steller’s locations other than Izembek and Steller’s eiders have been seen in eiders would be detected if the entire Nelson lagoons. lagoons along the northwest coast of region were surveyed each year. Actual In general, wintering Steller’s eiders Alaska in late July, and these also may population size is probably higher. occupy shallow, near-shore marine be subadults (Johnson et al. 1992; Day Based on these observations, it seems waters in much of southwest and south et al. 1995). reasonable to estimate that hundreds or coastal Alaska. They are found around Fall migration is protracted, with thousands of Steller’s eiders occur on islands and along the coast of the Bering Steller’s eiders moving south through the North Slope. Similar aerial surveys Sea and north Pacific Ocean from the the Bering Strait from late July through are conducted on the Y–K Delta, but no Aleutian Islands, along the Alaska October (Kessel 1989), depending on age Steller’s eiders were detected using this Peninsula and Kodiak Archipelago, east and sex of individuals and whether technique so population size and trends to lower Cook Inlet. Along open migration takes place before or after cannot be estimated; however, it is coastline, Steller’s eiders usually remain wing molt (Jones 1965). Fall migration obvious that a drastic reduction in the within about 400 meters (m) (400 yards routes are poorly understood but groups species’ abundance has occurred (yd)) of shore normally in water less have been seen passing near shore at (Kertell 1991). than 10 m (30 feet (ft)) deep (C. Dau, Nunivak Island (Dau 1987) and Cape Service, pers. comm. 1999) but can be Romanzof (McCaffery and Harwood Previous Federal Action found well offshore in shallow bays and 1997). In December 1990, James G. King of lagoons or near reefs (C. Dau, pers. Juneau, Alaska, petitioned us to list the Population Status comm. 1999; D. Zwiefelhofer, Service, Steller’s eider under the Act. In May pers. comm. 1999). An unknown Determining population trends for 1992, we determined that listing was number of Steller’s eiders winter along Steller’s eiders is difficult; however, the warranted but precluded by higher the Russian and Japanese coasts. They Steller’s eider’s breeding range in listing priorities elsewhere. In 1993, a have been reported from the Anadyr Alaska appears to have contracted status review of the species concluded Gulf (Konyukhov 1990), Komandor substantially, with the species that listing of the Alaska-breeding (Commander) and Kuril islands in disappearing from much of its historical population as threatened was Russia (Kistchinski 1973; Palmer 1976), range in western Alaska (Kertell 1991) warranted, although the available and near Hokkaido Island in northern and possibly a portion of its range on information did not support listing the Japan (Brazil 1991). the North Slope. In areas where the species worldwide (57 FR 19852). A Prior to spring migration, thousands species still occurs in Alaska, the proposed rule to list the Alaska- to tens of thousands of Steller’s eiders frequency of occurrence (the proportion breeding population of Steller’s eiders stage at a series of locations along the of years in which the species is present) as threatened was published in the north side of the Alaska Peninsula, and the frequency of breeding (the Federal Register on July 14, 1994 (59 FR including several of the areas used proportion of years in which the species 35896). Appropriate Federal and State during molt and winter such as Port attempts to nest) have both apparently agencies; borough, city, and village Heiden, Port Moller, Nelson Lagoon, declined in recent decades (Quakenbush governments; scientific and and Izembek Lagoon (Larned et al. 1994; et al. in prep.). environmental organizations; and other Larned 1998). From there, they cross We do not know whether the species’ interested parties were contacted and Bristol Bay, and it is thought that breeding population on the North Slope encouraged to comment. Shortly virtually the entire Alaska-wintering is currently declining, stable, or thereafter, a new Service policy (59 FR adult population spends days or weeks improving. Although Steller’s eiders are 34270) was implemented requiring that feeding and resting in northern counted there during extensive aerial listing proposals be reviewed by at least Kuskokwim Bay and in smaller bays waterfowl and eider surveys, few are three independent specialists. The along its perimeter (W. Larned, Service, seen in most years because the species comment period was reopened in June pers. comm. 1999). The number seen occurs at very low density and the 1995 to seek peer review, and there varies among years, presumably surveys sample only a small proportion appropriate parties were again contacted because lingering sea ice may slow of the suitable breeding habitat. Based and encouraged to comment. A final northward migration in some years. An on observations at Barrow, we have determination on whether listing was estimated 42,000 have concentrated in found that breeding population size and warranted was further delayed by a early May in Kuskokwim Bay when ice breeding effort vary considerably among national moratorium on listing (Public has delayed northward migration years, therefore, detecting statistically Law 104–6) implemented in April 1995, (Larned et al. 1994). Steller’s eiders also significant population trends or which prevented final determination on concentrate along the southwest coast of precisely estimating population size is listing actions for the remainder of the the Y–K Delta and southern coast of difficult. fiscal year; that moratorium was later Nunivak Island during spring migration Despite the difficulty in detecting extended until April 1996. (Larned et al. 1994; R. King, Service, statistically significant trends with We received comments on listing unpublished data). North Slope aerial survey data, these Steller’s eiders from a total of nine Steller’s eiders move north through data can be used to derive an estimate parties during the two comment the Bering Strait between mid-May and of breeding population size. Several periods. Of the comments, four early June (Bailey 1943; Kessel 1989). dozen Steller’s eiders are usually supported listing, four were neutral, and Subadults may remain in wintering detected during aerial breeding-pair one, the Alaska Department of Fish and areas or along the migration route waterfowl surveys on the North Slope Game, opposed listing. We also received during the summer breeding season, as each year (Service unpublished data). peer review from five recognized they have been noted in Nelson Lagoon These surveys sample 2–3 percent of the experts on eider or seaduck population in July (M. Petersen, U.S. Geological suitable waterfowl breeding habitat monitoring, modeling, or management;
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TABLE 1.ÐESTIMATED HECTARES OF LAND AND MARINE WATERS PROPOSED AS CRITICAL HABITAT, WHICH ARE OCCUPIED BY THE STELLER'S EIDER, SUMMARIZED BY PRIVATE, STATE, FEDERAL AND NATIVE GOVERNMENT OWNERSHIP
Federal State Native Other Private Location Total Hectares % Hectares % Hectares % Hectares %
North Slope (land) ...... 3,652,400 89 132,300 3 303,700 7 ...... 4,088,400 Y±K Delta (land) ...... 202,500 65 ...... 108,600 35 300 <1 311,400 Nunivak Island (marine) ...... 20,500 100 ...... 20,500 Kuskokwim Bay (marine) ...... 1,285,200 100 ...... 1,285,200 N. Side Alaska Peninsula (marine) ...... 200,700 100 ...... 200,700 Eastern Aleutians (marine) ...... 4,500 5 84,600 95 ...... 89,100 S. Side Alaska Peninsula (marine) .. 4,800 1 337,100 99 ...... 341,900 Kachemak Bay/Ninilchik (marine) ...... 114,200 100 ...... 114,200 Kodiak (marine) ...... 27,900 21 106,500 79 ...... 134,400
Total ...... 3,912,600 59 2,260,600 34 412,300 6 300 <1 6,585,800
Unit 1: North Slope Nesting Unit rare or absent from the foothills as a freshwater crustaceans, including (but The historical distribution of Steller’s breeding species. Comparison of recent probably not limited to) the following eiders on Alaska’s North Slope and historical data (late 1800s on) taxa: Midges (Chironomidae), craneflies encompasses a broad area, from the suggests that this species may be (Tipulidae), caddisflies (Trichoptera), Chukchi Sea coast to the Canadian withdrawing from the eastern portion of water fleas (Amphipoda), isopods border. The North Slope comprises two the Arctic Coastal Plain, although it may (Isopoda), fairy shrimp (Anostraca), and major ecological regions—the Arctic always have been more common to the tadpole shrimp (Notostraca) (Dement’ev Coastal Plain, along the northern edge of west (Quakenbush et al. in prep.). and Gladkov 1967; Portenko 1989; the North Slope, and the Arctic In the North Slope nesting unit the Quakenbush et al. 1995; M. Myres, in Foothills, which form the transition primary constituent elements for litt. 1999). between the coastal plain and the Steller’s eiders are those habitat Steller’s eiders generally nest on mountains of the Brooks Range to the components that are essential for the slightly elevated areas near ponds south. The coastal plain is poorly primary biological needs of foraging, (Murie 1924; Brandt 1943; Bee 1958; drained and treeless, and underlain by nesting, rearing of young, roosting, Cramp et al. 1977). In the Barrow area, thick permafrost. Lakes and ponds cover sheltering, and dispersal. The primary most nests occur on the rims of low- 20–50 percent of the land surface. constituent elements include: small centered polygons, mostly within Another 20 percent is classified as wet ponds and shallow water habitats partially drained lake-basins that or flooded tundra, categories in which (particularly those with emergent contain a mosaic of shallow ponds with water cover varies from 10–50 percent vegetation), moist tundra within 100 m emergent water sedges (C. aquatilis) and (Ducks Unlimited 1998). These (326 ft) of permanent surface waters pendant grasses (A. fulva) (Service, abundant shallow water habitats and including lakes, ponds, and pools, the unpublished data). Most are within 100 their associated aquatic invertebrate associated aquatic invertebrate fauna, m (326 ft) of permanent water (Service, fauna are important features of Steller’s and adjacent nesting habitats. During unpublished data). Steller’s eiders rear eider nesting habitat. Aquatic emergent the nesting season, small ponds with broods in the same habitats used for vegetation (Carex aquatilus or emergent vegetation provide for foraging nesting (Solovieva 1997; Service, Arctophila fulva) is of particular and brood-rearing, the aquatic unpublished data), usually within 650 importance for feeding and escape invertebrate prey upon which Steller’s m (2,100 ft) of their nest sites. Near cover, and comprises approximately 5 eiders depend, and adjacent moist Barrow, monitored broods were found percent of the Arctic Coastal Plain tundra for nest sites. On the breeding using waterbodies with emergent A. (Ducks Unlimited 1998). Relative to the grounds in northern Alaska, Steller’s fulva 80 percent of the time, ponds with coastal plain, the Arctic Foothills zone eiders feed primarily by dabbling in emergent C. aquatilis 15 percent of the is characterized by rolling hills and shallow ponds (Quakenbush et al. time, and dry tundra between ponds the plateaus, better defined drainage 1995). Both adult and juvenile Steller’s remaining 5 percent of the time patterns, and fewer lakes and ponds eiders on the breeding grounds forage (Service, unpublished data). Broods (Gallant et al. 1995). Steller’s eiders are mostly on aquatic insect larvae and used A. fulva as escape cover from
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Steller’s eider nest sites have been utilize the same habitat for nesting on Wildlife Refuge, although a portion (up located in habitat similar to that which the Y–K Delta (Conover 1924; Kertell to 10 percent) is subject to selection by is used by spectacled eiders on the Y– 1991; Flint and Herzog 1999). In Native Village or Regional Corporations, K Delta (Conover 1924, Flint and Herzog summary, the proposed unit contains under the terms of the Alaska Native 1999). This zone of high-density nesting sites where historical and current Claims Settlement Act of 1971. The by eiders and other waterfowl is breeding records exist, and other areas remainder of the proposed unit identified as the ‘‘vegetated intertidal of suitable habitat in which we believe (approximately 35 percent) has been zone’’ (King and Dau 1981, Kertell 1991) that Steller’s eiders persist. conveyed to Native Village or Regional and is described as the area between the We excluded St. Lawrence Island and Corporations. Waterfowl management is outer edge of vascular plant cover and most of Nelson Island because breeding a high priority for the Yukon Delta the line of driftwood cast up by high status is in doubt in these locations. National Wildlife Refuge, and outreach tides, generally within 40 km (25 mi) of Breeding has been recorded on Saint efforts highlight the conservation issues the coast. The drift line results from Lawrence Island in 1881 and in 1954, for this species to the Native occasional spring and fall storm surges, and Steller’s eiders have been seen there community. which inundate the tundra well beyond in summer in recent years (Fay and Marine Units the normal high tide line. Vegetation in Cade 1959, S. Stephensen, Service, pers. this zone is predominately sedge/grass comm., in Quakenbush et al. in prep.), Steller’s eiders occur in marine marsh. but documented historical use is not habitats except during the breeding Primary constituent elements for the comparable to the Y–K Delta, and there season. In fall, they congregate primarily Y–K Delta nesting unit are assumed to are no recent breeding records. On the in lagoons, bays, and estuaries on the be similar to those described for the basis of reports provided by local north side of the Alaska Peninsula to North Slope: small ponds and shallow Natives in 1924, Murie and Scheffer molt. Densities can be extremely high; water habitats (particularly those with (1959) stated that Steller’s eiders bred at tens of thousands may concentrate in a emergent vegetation), moist tundra Nelson Island, but no specific locations few square miles in Izembek and Nelson within 100 m (326 ft) of permanent were provided. There is likely suitable lagoons during the peak of molt in surface waters including lakes, ponds, habitat on both the north and south end August and September, although use of and pools, the associated aquatic of Nelson Island (the central region is these areas can vary considerably among invertebrate fauna, and adjacent nesting upland); however, the northern portion years (Petersen 1981). After molt, many habitats. is more contiguous with other disperse to the Aleutian Islands, the The proposed Y–K Delta Nesting Unit historically used habitat, and pairs have south side of the Alaska Peninsula, covers approximately 3,114 km2 (1,202 been seen on neighboring Kigigak Island Kodiak Island, and as far east as mi2) on the outer coastal zone of the in most recent years (Quakenbush et al. Kachemak Bay, although thousands may central Y–K Delta. The proposed unit is in prep.). Therefore, we consider the remain in the lagoons in which they located within 30 km (19 mi) of the northern end to be part of the present molt unless freezing conditions force coast, bounded by Kokechik Bay and the range of the species and propose to them to move to warmer or more Askinuk Mountains to the north, and designate it as critical habitat. We also protected areas (Metzner 1993). In extending south to include Kigigak exclude areas not known to have been March or April, Steller’s eiders begin to Island and the north end of Nelson in use for over a century, including the gradually move northward, again Island. This area represents what we Alaska Peninsula, Nunivak Island, congregating on the north side of the believe likely to be the current range of inland Y–K Delta, Saint Michael Alaska Peninsula and in Bristol and Steller’s eider on the Y–K Delta. It (northern Y–K Delta), and Point Kuskokwim bays. Nearly 140,000 have encompasses the core concentration of Clarence on the western Seward been counted in this region during historical (pre-1970s) occupancy in Peninsula (Quakenbush et al. in prep.). spring migration (Larned et al. 1994). western Alaska (Kertell 1991; We may propose revisions to these Important molting areas such as Quakenbush et al. in prep.), as well as boundaries in the future if we obtain Izembek and Nelson lagoons have been nests located from 1991–1998 (Flint and new information on the suitability of repeatedly surveyed for waterfowl in Herzog 1999). Although Kertell (1991) habitat or the presence of Steller’s recent decades, but waterfowl surveys suggested that Steller’s eiders were eiders. in other nearshore marine areas in extirpated as a breeding species from Definitive population trend southwest and southcoastal Alaska have the Y–K Delta, recent breeding records information was lacking at the time this been much more sporadic. Some areas suggest continued occupancy, at a species was listed (62 FR 31748), but have rarely been surveyed, while others, density below that which is reliably population decline was inferred from an such as portions of the Kodiak detectable given the level of survey apparent contraction of range, Archipelago’s northwest side, have effort (ground or air) of the last 2 particularly in western Alaska. The never been surveyed specifically for decades (Flint and Herzog 1999). We recovery plan, including recovery goals, seaducks. Furthermore, the indication used the locations of historical nesting is still in preparation. It is reasonable, that winter distribution varies sites as a partial basis for determining however, to predict that re- considerably in response to changing boundaries of the proposed unit, establishment of a viable breeding weather and sea ice conditions suggests including all central Y–K Delta population on the Y–K Delta will be an that an area must be surveyed several townships that contained breeding sites element of the plan, given that the times in different years before its recorded in the 1900s. We expanded decision to list the species was based, to importance to Steller’s eiders is beyond these townships because it is a large extent, on its near-disappearance determined. Failure to detect Steller’s likely that recent nest sites have gone from the Y–K Delta. Therefore, we eiders during one or a few surveys is not undetected, given the rarity of the consider the habitat contained within sufficient to rule out use at other times. species and the difficulty of detection. this unit essential to the conservation of Thus, we assume that sites that share Therefore, we also included nearby the species. similar habitat to that of sites with townships that contain comparable Approximately 65 percent of the documented use by Steller’s eiders, and wetland habitat and a high density of proposed Y–K Delta Nesting Unit is for which we cannot rule out based on spectacled eiders, which are known to located within the Yukon Delta National other current information, are within
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Unit 5: North Side of the Alaska winter (Arneson 1980; Larned et al. Pass) east to the lower end of west Cook Peninsula 1994); hundreds are seen around Inlet, as far north as Kamishak Bay. This A number of bays, lagoons, and Unalaska Island during the National applies to the Shumagin and Semidi nearshore areas between Egegik Bay and Audubon Society’s annual Christmas Islands, Chirikof Island, and all other Bechevin Bay on the north side of the Bird Counts (summarized in Service associated islands, islets, offshore rocks, Alaska Peninsula are used by large 1998); and waterbird surveys in Dutch reefs, and spires. We also include waters numbers of Steller’s eiders during molt, Harbor recorded Steller’s eiders as the within 8 km (5 mi) of the south side, winter, or spring staging. Observers most abundant species observed in 1995 and 1.6 km (1 mi) of the north side, of surveying this region have recorded (Fairchild and Heer 1997). Over 1,400 the Sanak Islands and within 1.6 km (1 hundreds to over a hundred thousand Steller’s eiders were recorded on winter mi) of the mainland shore of Kamishak birds (Arneson 1980; Boden 1994; (February-March) boat surveys of the Bay. We include the following areas in Krenitzin Islands (Herter 1991). In an their entirety, including waters beyond Larned et al. 1994; Larned 1998; Dau aerial survey of the eastern Aleutians 400 m (1⁄4 mi) offshore—Morzhovoi Bay 1999). Some areas, such as Izembek from Unimak Island through Samalga (northern portion only), Cold Bay, Lagoon and the Nelson Lagoon/ Island conducted only in mid-winter, Ivanof Bay, Chignik Lagoon, and Wide Herendeen Bay/Port Moller complex, up to low hundreds of Steller’s eiders Bay. This unit includes an area of are particularly important, and may were observed at each of five locations approximately 3,419 km2 (1,320 mi2), harbor tens of thousands during molt throughout the study area, with greatest and 5,300 km (3,300 mi) of coastline. and winter (Jones 1965; Petersen 1981; densities around Samalga Island Metzner 1993; Laubhan and Metzner Unit 8: Kachemak Bay/Ninilchik (Arneson 1980). We propose to 1999). Port Heiden is used by thousands designate all marine waters within 400 Available information indicates that during autumn molt (Arneson 1980) and m (1⁄4 mi) of mean high water from Steller’s eiders consistently occur in again during spring staging (Larned et Unimak Island, west to Samalga Pass, to Kachemak Bay in winter. Tens or al. 1994), and may support Steller’s include Samalga, Umnak, Unalaska and hundreds frequently occur near Homer eiders in winter until the shallow waters Unimak Islands, and all other associated and Homer Spit (Christmas Bird Count freeze (Dau 1999b). Besides those islands, islets, offshore rocks, reefs, and in Service 1998; Russ Oates, Service, in previously mentioned, other areas on spires. The proposed unit includes an litt. 1997; Agler et al. 1998), and flocks the north side of the Alaska Peninsula area of approximately 891 km2 (344 of tens were found along transects that have been identified as supporting mi2), and 2,400 km (1,500 mi) of sampled offshore waters east of Homer significant numbers of Steller’s eiders coastline. (Rosenberg and Petrula 1998). Hundreds during spring staging, such as Egegik have been observed on the south side of and Ugashik Bays, Cinder River estuary, Unit 7: South Side of the Alaska the Bay, particularly along shore Port Heiden, Seal Islands, Cape Peninsula between China Poot Bay and Point Bede Seniavin, and Bechevin Bay where Information on Steller’s eiders on the (Agler et al. 1995). Hundreds also hundreds to thousands have been south side of the Alaska Peninsula is apparently winter along the shore south observed in March (Boden 1994) and limited compared to that on the north of Ninilchik, where 650 were observed April and May (Arneson 1980; Larned et side. There are no reports of molting in January 1997 (Russ Oates, in litt. al. 1994; Larned 1998). The Cinder Steller’s eiders anywhere along the 1997). River estuary has been reported to be south side of the Alaska Peninsula We propose to designate all marine used by hundreds to low thousands of between False Pass and lower Cook waters of Kachemak Bay east of a line Steller’s eiders during molt (Wilk et al. Inlet, although wintering birds have extending from Point Bede (west of 1986), as has Port Heiden (Arneson been observed in scattered locations English Bay and Port Graham) north to 1980), Seal Islands (Arneson 1980; Dau throughout this huge area. Thousands of Anchor Point. In addition, we propose 1999a), and Bechevin Bay (Arneson wintering Steller’s eiders have been to designate all marine waters within 1980). Based on aerial surveys and other reported during aerial surveys in the 1.6 km (1 mi) of the mean high water available data, the following bays, Sanak Islands (Dau and Chase 1995) and line, from Anchor Point north to the lagoons, and shoal areas have been between Cold Bay and Puale Bay (Boden mouth of Deep Creek (near Ninilchik). identified as important habitat for 1994). After completion of molt, This unit includes an area of Steller’s eiders and are proposed for Steller’s eiders increased in Cold Bay approximately 1,142 km2 (441 mi2), and designation as critical habitat, in their and Kinzarof Lagoon concurrent with a 450 km (300 mi) of coastline. entirety—Egegik Bay, Ugashik Bay, decline in numbers in Izembek Lagoon Unit 9: Kodiak Cinder River Estuary, Port Heiden, Seal (Laubhan and Metzner 1999; Metzner Islands, Cape Seniavin, Nelson Lagoon, 1993). When the birds are excluded Steller’s eiders are considered a Herendeen Bay, Port Moller, Izembek from protected waters on the north side common winter resident in the Kodiak Lagoon, and Bechevin Bay. This of the Alaska Peninsula by encroaching Archipelago. Aerial surveys in proposed unit includes an area of ice, they may be exposed to harsher nearshore areas of eastern and southern approximately 2,007 km2 (775 mi2) and weather conditions, forcing them into Kodiak Island and in the Trinity Islands 1,050 km (650 mi) of coastline. less preferred feeding areas on the south located 2,892 Steller’s eiders in 1992, side of the Alaska Peninsula and up to 4,032 in 1993, and 5,349 in 1994 Unit 6: Eastern Aleutians lower Cook Inlet. Aerial and boat (Larned and Zwiefelhofer 1995). Flocks This is probably a major surveys of marine birds and mammals of hundreds were seen, particularly in concentration area for wintering conducted in lower Cook Inlet in winter lagoons and eelgrass beds. In surveys Steller’s eiders, particularly when bays reported hundreds of Steller’s eiders in around Sitkalidak, Kodiak, and southern and lagoons on the Alaska Peninsula nearshore areas of Kamishak Bay up to Afognak Islands, Steller’s eiders were freeze (Metzner 1993; Dau 1999b; the Iniskin Peninsula (Arneson 1980; reported to be present in estimates of Laubhan and Metzner 1999). Although Agler et al. 1995). low thousands (Forsell and Gould survey coverage has been sporadic and We propose to designate all marine 1980). Steller’s eiders are also regularly is incomplete, thousands have been waters within 400 m (1⁄4 mi) of mean recorded during annual winter boat seen around Unimak Island in late high water from Isanotski Strait (at False surveys in the archipelago (D.
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Zwiefelhofer, in litt. 1999), and habitat. These conferences, which Federal agencies on a variety of actions hundreds to low thousands are counted consist of informal discussions, are to evaluate impacts to the species. In during the Christmas Bird Count in intended to assist responsible agencies most cases, our consultations with other Kodiak (Service 1998). Because of the and the applicant in identifying and Federal agencies have determined that consistent and extensive use of the areas resolving potential conflicts. the proposed activities would not that have been surveyed in the Kodiak If this proposal culminates in the adversely affect Steller’s eiders. One or area, we propose to designate all marine designation of critical habitat, section both of the following reasons waters within 400 m (1⁄4 mi) of Kodiak 7(a)(2) of the Act will require Federal precipitated these findings—(1) the and Afognak Islands, and all other agencies to enter into consultation with proposed activity would occur during associated islands, islets, offshore rocks, us on actions that may affect listed seasons when Steller’s eiders are absent reefs, and spires. This parcel includes species or destroy or adversely modify and would have no permanent impact to an area of approximately 1,344 km2 (519 critical habitat. Thus, activities on habitat (e.g., winter seismic work); and mi2) and 3,900 km (2,450 mi) of Federal lands that may affect the (2) the proposed activity affected a coastline. Steller’s eider or its critical habitat will minimal amount of habitat in an area Although this proposal is based on require section 7 consultation. Activities where Steller’s eiders occur at extremely the best available information, we on private or State lands requiring a low density. In three exceptions, the recognize that the information on permit from a Federal agency, such as proposed action would occur in an area Steller’s eiders is incomplete. In the U.S. Army Corps of Engineers under where Steller’s eiders concentrate or particular, better information on section 404 of the Clean Water Act, or would have affected a considerable Steller’s eider distribution and the a section 402 permit from the amount of habitat. In each of these threats facing the species would Environmental Protection Agency, will cases, we determined that the proposed improve our ability to identify those also be subject to the section 7 action may adversely affect the species, areas essential for its conservation. Our consultation process. Federal actions which triggered a more involved, formal ability to identify essential areas is also not affecting the species or its critical consultation. A brief summary of these likely to improve as recovery objectives habitat, as well as actions on non- consultations follows: and criteria are established. As new Federal lands that are not federally (1) NPR–A Northeast Planning Area information becomes available and the funded or permitted, will not require Integrated Activity Plan. A management recovery planning process develops, we section 7 consultation. plan for this 4.6 million-acre area was may reevaluate critical habitat Section 4(b)(8) of the Act requires us developed that allowed for oil and gas designations and propose to add, delete, to describe in any proposed or final leasing but also addressed recreational or modify existing critical habitat. regulation that designates critical activities, aircraft use, hazardous- and Available Conservation Measures habitat those activities involving a solid-material removal and remediation, Federal action that may destroy or and seismic activities. Steller’s eiders Conservation measures provided to adversely modify such habitat or that nest in this region and may be affected species listed as endangered or may be affected by such designation. by disturbance or habitat alteration. threatened under the Act include Activities that may destroy or adversely (2) Community expansion in Barrow. recognition, recovery actions, modify critical habitat include those requirements for Federal protection, and The North Slope Borough proposed to that alter the primary constituent expand an existing housing subdivision prohibitions against certain practices. elements to the extent that the value of Recognition through listing promotes into an area historically used by nesting critical habitat for both the survival and Steller’s eiders. conservation actions by Federal, State, recovery of the species is appreciably (3) Northstar Development project. and private agencies, groups, and diminished. We note that such activities This consultation addressed the individuals. The Act provides for are also almost certain to jeopardize the possible effects of an offshore oil possible land acquisition and species (see discussion in Critical development project in the Beaufort Sea cooperation with the States and requires Habitat section, above). Activities that and adjacent terrestrial area. Steller’s that recovery actions be carried out for have the potential to destroy or eiders occur at extremely low density in all listed species. The protection adversely modify critical habitat for the project area, so direct, local effects required of Federal agencies and the Steller’s eiders include, but are not were thought to be unlikely. The prohibitions against certain activities limited to: involving listed species are discussed, (1) Draining, filling, or contaminating primary concern arose from possible in part, below. wetlands and associated surface waters; marine oil spills from a subsea pipeline Section 7(a) of the Act requires (2) Filling, dredging, or pipeline that could be transported by wind and Federal agencies to evaluate their construction in marine waters; currents westward to areas where actions with respect to any species that (3) Commercial fisheries that harvest Steller’s eiders are more likely to occur. is proposed or listed as endangered or or damage the benthic or planktonic In each of these three consultations, threatened and with respect to its flora or fauna in marine waters; we determined that the project was not critical habitat, if any is designated or (4) Spilling or discharging petroleum likely to jeopardize the continued proposed. Regulations implementing or other hazardous substances; or existence of Steller’s eiders. Following this interagency cooperation provision (5) Discharge of sediment or toxic that determination, our biological of the Act are codified at 50 CFR part substances into freshwater systems that opinions provided mandatory 402. Section 7(a)(4) of the Act and drain into adjacent nearshore marine reasonable and prudent measures regulations at 50 CFR 402.10 require waters. designed to minimize the effects of the Federal agencies to confer with the proposed projects on the species. In Service on any action that is likely to Previous Consultations each case, our evaluations addressed result in destruction or adverse Since Steller’s eiders were listed in effects of habitat alteration on Steller’s modification of proposed critical 1997, we have consulted with several eiders.
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TABLE 2. ACTIVITIES POTENTIALLY AFFECTED BY STELLER'S EIDER LISTING AND CRITICAL HABITAT DESIGNATION
Additional activities in- Activities involving a federal action potentially affected by volving a federal action Categories of activities 1 potentially affected by species listing only critical habitat designa- tion 2
Federal Activities Potentially Affected 3 ...... Activities that the Federal Government carries out, such None. as scientific research, land surveys, law enforcement, oil spill response, resource management, and con- struction/expansion of physical facilities. Private Activities Potentially Affected 4 ...... Activities that also require a Federal action (permit, au- None. thorization, or funding), such as scientific research, commercial fishing, sport and subsistence hunting, shipping and transport of fuel oil and gasoline to vil- lages, and village maintenance, construction and ex- pansion. 1 This column represents impacts of the final rule listing the Steller's eider (June 11, 1997) (62 FR 31748) under the Endangered Species Act. 2 This column represents the impacts of the critical habitat designation above and beyond those impacts resulting from listing the species. 3 Activities initiated by a Federal agency. 4 Activities initiated by a private entity that may need Federal authorization or funding.
Regulations at 50 CFR 402.16 require analysis is completed, we will announce the clarity? (3) Does the format of the Federal agencies to reinitiate its availability with a notice in the proposed rule (grouping and order of consultation on previously reviewed Federal Register, and we will reopen sections, use of headings, paragraphing, actions in instances where critical the comment period for 30 days at that etc.) aid or reduce its clarity? (4) Is the habitat is designated subsequent to time to accept comments on the description of the proposed rule in the consultation. Consequently, some economic analysis or further comment ‘‘Supplementary Information’’ section of Federal agencies may request on the proposed rule. the preamble helpful in understanding conferencing with us on actions for the document? (5) What else could we which formal consultation has been Public Comments Solicited do to make the proposed rule easier to completed, in anticipation of the need We intend that any final action understand? to reinitiate consultation if this proposal resulting from this proposal be as Our practice is to make comments, becomes finalized. accurate and as effective as possible. including names and home addresses of If you have questions regarding Therefore, we solicit comments or respondents, available for public review whether specific activities will suggestions from the public, other during regular business hours. constitute adverse modification of concerned governmental agencies, the Individual respondents may request that critical habitat, have inquiries about scientific community, industry, or any we withhold their home address from prohibitions and permits, or would like other interested party concerning this the rulemaking record, which we will copies of the regulations on listed proposed rule. We particularly seek honor to the extent allowable by law. In wildlife, contact the Endangered comments concerning: certain circumstances, we would Species Branch, Northern Alaska (1) The reasons why any area should withhold from the rulemaking record a Ecological Services (see ADDRESSES or should not be determined to be respondent’s identity, as allowable by section) (telephone 907/456–0203, critical habitat as provided by section 4 law. If you wish us to withhold your facsimile 907/456–0208). of the Act; name and/or address, you must state (2) Specific information on the this request prominently at the Economic Analysis abundance and distribution of Steller’s beginning of your comment. However, Section 4(b)(2) of the Act requires us eiders and their habitat; we will not consider anonymous to designate critical habitat on the basis (3) What areas are essential for the comments. We will make all of the best scientific and commercial conservation of Steller’s eiders and may submissions from organizations or data available and to consider the require special management protection businesses, and from individuals economic and other relevant impacts of or consideration; identifying themselves as designating a particular area as critical (4) Current or planned activities in representatives or officials of habitat. We may exclude areas from proposed critical habitat units and their organizations or businesses, available critical habitat upon a determination possible impacts on proposed critical for public inspection in their entirety. that the benefits of such exclusions habitat; and In accordance with our policy outweigh the benefits of specifying such (5) Any foreseeable economic or other published on July 1, 1994 (59 FR areas as critical habitat. We cannot impacts resulting from the proposed 34270), we will seek the expert opinions exclude such areas from critical habitat designation of critical habitat. of at least three appropriate and when such exclusion will result in the Executive Order 12866 requires each independent specialists regarding this extinction of the species. Although we agency to write regulations and notices proposed rule. The purpose of such could not identify any incremental that are easy to understand. We invite review is to ensure listing decisions are effects of this proposed critical habitat your comments on how to make this based on scientifically sound data, designation above those impacts of proposed rule easier to understand assumptions, and analyses. The peer listing, we will conduct an economic including answers to questions such as reviewers will be invited to comment analysis to further evaluate this finding. the following: (1) Are the requirements during the public comment period on We will conduct the economic analysis in the document clearly stated? (2) Does the proposal and our interpretation of for this proposal prior to a final the proposed rule contain technical the available information in regard to determination. When the draft economic language or jargon that interferes with critical habitat.
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We will consider all comments and b. This rule will not create substances; or (5) Discharge of sediment information received during the 60-day inconsistencies with other agencies’ or toxic substances into freshwater comment period on this proposed rule actions. As discussed above, Federal systems that drain into adjacent during preparation of a final agencies have been required to ensure nearshore marine waters. Many of these rulemaking. Accordingly, the final that their actions do not jeopardize the activities sponsored by Federal agencies decision may differ from this proposal. continued existence of the Steller’s within the proposed critical habitat eider since the listing in 1997. The areas are carried out by small entities (as Public Hearings prohibition against adverse modification defined by the Regulatory Flexibility The Act provides for one or more of critical habitat is not expected to Act) through contract, grant, permit, or public hearings on this proposal, if impose any additional restrictions to other Federal authorization. As requested. We intend to schedule three those that currently exist because all discussed in section 1 above, these public hearings on this proposal. We proposed critical habitat is occupied. actions are currently required to comply will announce the dates, times, and Because of the potential for impacts on with the listing protections of the Act, places of those hearings in local other Federal agency actions, we will and the designation of critical habitat is newspapers at least 15 days prior to the continue to review this proposed action not anticipated to have any additional first hearing. for any inconsistencies with other effects on these activities. For actions on Federal agency actions. Required Determinations non-Federal property that do not have a c. This rule will not materially affect Federal connection (such as funding or 1. Regulatory Planning and Review entitlements, grants, user fees, loan authorization), the current restrictions programs, or the rights and obligations This document is a significant rule concerning take of the species remain in of their recipients. Federal agencies are and has been reviewed by the Office of effect, and this rule has no additional currently required to ensure that their Management and Budget (OMB), under restrictions (see Table 2 in the Previous activities do not jeopardize the Executive Order 12866. Consultations section above). continued existence of the species, and a. This rule will not have an annual as discussed above, we do not anticipate 3. Small Business Regulatory economic effect of $100 million or that the adverse modification Enforcement Fairness Act adversely affect an economic sector, prohibition (from critical habitat productivity, jobs, the environment, or designations) will have any incremental In the economic analysis, we will other units of government. The Steller’s effects because all proposed critical determine whether designation of eider was listed as a threatened species habitat is occupied. critical habitat will cause (a) any effect in 1997. Between the Fiscal Years 1997– d. The proposed rule follows the on the economy of $100 million or 2000, we have conducted 141 section 7 requirements for determining critical more, (b) any increases in costs or prices consultations with other Federal habitat contained in the Endangered for consumers, individual industries, agencies to ensure that their actions Species Act. Federal, State, or local government would not jeopardize the continued agencies, or geographic regions in the existence of the Steller’s eider. The 2. Regulatory Flexibility Act economic analysis, or any significant areas proposed for critical habitat are In the economic analysis, we will adverse effects on competition, currently occupied by the Steller’s determine whether designation of employment, investment, productivity, eider. Under the Endangered Species critical habitat will have a significant innovation, or the ability of U.S.-based Act, critical habitat may not be effect on a substantial number of small enterprises to compete with foreign- adversely modified by a Federal agency entities. As discussed in section 1 based enterprises action; the Act does not impose any above, this rule is not expected to result restrictions on non-Federal entities in any restrictions in addition to those 4. Unfunded Mandates Reform Act unless they are conducting activities currently in existence. As indicated in In accordance with the Unfunded funded or otherwise sponsored or Table 1 above (see Proposed Critical Mandates Reform Act (2 U.S.C. 1501 et permitted by a Federal agency. Section Habitat section), we have proposed land seq.): 7 requires Federal agencies to ensure and marine waters that are occupied by that they do not jeopardize the the Steller’s eider. Within these areas, a. This rule will not ‘‘significantly or continued existence of the species. activities that may destroy or adversely uniquely’’ affect small governments. A Based upon our experience with the modify critical habitat include those Small Government Agency Plan is not species and its needs, we conclude that that alter the primary constituent required. Small governments will be any Federal action or authorized action elements to an extent that the value of affected only to the extent that any that could potentially cause an adverse critical habitat for both the survival and programs using Federal funds, permits, modification of the proposed critical recovery of the Steller’s eider is or other authorized activities must habitat would currently be considered appreciably reduced. We note that such ensure that their actions will not as ‘‘jeopardy’’ under Act. Accordingly, activities are also likely to jeopardize adversely affect the critical habitat. the designation of currently occupied the continued existence of the species. However, as discussed in section 1, areas as critical habitat does not have Such activities that have the potential to these actions are currently subject to any incremental impacts on what destroy or adversely modify critical equivalent restrictions through the actions may or may not be conducted by habitat for Steller’s eiders include, but listing protections of the species, and no Federal agencies or non-Federal persons are not limited to: (1) Draining, filling, further restrictions are anticipated. that receive Federal authorization or or contaminating wetlands and b. This rule will not produce a funding. Non-Federal persons that do associated surface waters; (2) Filling, Federal mandate of $100 million or not have a Federal ‘‘sponsorship’’ of dredging, or pipeline construction in greater in any year, i.e., it is not a their actions are not restricted by the marine waters; (3) Commercial fisheries ‘‘significant regulatory action’’ under designation of critical habitat (however, that harvest or damage the benthic or the Unfunded Mandates Reform Act. they continue to be bound by the planktonic flora or fauna in marine The designation of critical habitat provisions of the Act concerning ‘‘take’’ waters; (4) Spilling or discharging imposes no obligations on State or local of the species). petroleum or other hazardous governments.
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5. Takings this species. As the Steller’s eider determined essential to conserve a listed In accordance with Executive Order critical habitat listing process proceeds, species. In designating critical habitat, 12630, the rule does not have significant we will coordinate with the appropriate the Service shall evaluate and document takings implications. A takings State agencies. the extent to which the conservation needs of a listed species can be achieved implication assessment is not required. 7. Civil Justice Reform As discussed above, the designation of by limiting the designation to other In accordance with Executive Order critical habitat affects only Federal lands.’’ While this Order does not apply 12988, the Office of the Solicitor has agency actions. The rule will not to the State of Alaska, we recognize our determined that the rule does not increase or decrease the current responsibility to inform affected Native unduly burden the judicial system and restrictions on private property Corporations and regional Native meets the requirements of sections 3(a) concerning take of the Steller’s eider. governments of this proposal. and 3(b)(2) of the Order. We designate Due to the prohibition against take of Subsequent to this proposal, we will critical habitat in accordance with the the species both within and outside of coordinate with the Native communities provisions of the Endangered Species the designated areas, and the fact that and analyze the need to designate Act and plan public hearings on the critical habitat provides no incremental critical habitat on Native lands and proposed designation during the consult with other bureaus and offices restrictions, we do not anticipate that comment period. The rule uses standard property values will be affected by the of the Department about the potential property descriptions and identifies the effects of this rule on Native critical habitat designation. primary constituent elements within the Additionally, critical habitat Corporations and regional Native designated areas to assist the public in governments. designation does not preclude understanding the habitat needs of the development of habitat conservation Steller’s eider. References Cited plans and issuance of incidental take permits. Landowners in areas that are 8. Paperwork Reduction Act A complete list of all references cited included in the designated critical This rule does not contain any in this proposed rule is available upon habitat will continue to have information collection requirements for request from the Endangered Species opportunity to utilize their property in which Office of Management and Branch, Northern Alaska Ecological ways consistent with the survival of the Budget approval under the Paperwork Services (see ADDRESSES section). Steller’s eider. Reduction Act is required. Author 6. Federalism 9. National Environmental Policy Act The primary authors of this document In accordance with Executive Order We have determined that we do not are Ted Swem, Cathy Donaldson, and 13132, the rule does not have significant need to prepare Environmental Philip Martin (see ADDRESSES section). Federalism effects. A Federalism Assessments and Environmental Impact List of Subjects in 50 CFR Part 17 assessment is not required. The Statements, as defined under the designation of critical habitat in areas authority of the National Environmental Endangered and threatened species, currently occupied by the Steller’s eider Policy Act of 1969 (NEPA), in Exports, Imports, Reporting and imposes no additional restrictions to connection with regulations adopted recordkeeping requirements, those currently in place and, therefore, pursuant to section 4(a) of the Act. We Transportation. has little incremental impact on State published a notice outlining our reasons Proposed Regulation Promulgation and local governments and their for this determination in the Federal activities. The designation may have Register in October 1983 (48 FR 49244). For the reasons given in the preamble, some benefit to these governments in we propose to amend 50 CFR part 17 as that the areas protected are more clearly 10. Government-to-Government set forth below: defined, and the primary constituent Relationship With Tribes elements of the habitat necessary to the In accordance with the President’s PART 17Ð[AMENDED] survival of the species are specifically memorandum of April 29, 1994, identified. While this definition and ‘‘Government-to-Government Relations 1. The authority citation for part 17 identification does not alter where and with Native American Tribal continues to read as follows: what federally sponsored activities may Governments’’ (59 FR 22951) and 512 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. occur, it may assist these local DM 2: We understand that we must 1531–1544: 16 U.S.C. 4201–4245: Pub. L. 99– governments in long-range planning relate to federally recognized Tribes on 625, 100 Stat. 3500, unless otherwise noted. (rather than waiting for case-by-case a Government-to-Government basis. 2. In § 17.11 (h) revise the entry for section 7 consultations to occur). In Secretarial Order 3206, ‘‘American Steller’s eider under ‘‘BIRDS’’ to read as keeping with Department of the Interior Indian Tribal Rights, Federal-Tribal follows: and Department of Commerce policy, Trust Responsibilities and the the Service requested information from Endangered Species Act,’’ states that § 17.11 Endangered and threatened the Alaska Department of Fish and ‘‘Critical habitat shall not be designated wildlife. Game. In addition, the State has a in such areas [an area that may impact * * * * * representative on our recovery team for Tribal trust resources] unless it is (h) * * *
Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules
******* BIRDS
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Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules
******* Eider, Steller's ...... Polysticta stelleri ..... USA (AK); Russia, U.S.A. (AK breeding T 616 17.95 (b) .. NA winters to population only). Scandanavia.
*******
3. In § 17.95 add critical habitat for § 17.95 Critical habitatÐfish and wildlife. STELLER’S EIDER (Polysticta stelleri) the Steller’s eider (Polysticta stelleri) * * * * * 1. Critical habitat units are depicted for the North Slope, Yukon-Kuskokwim Delta, and under paragraph (b) in the same (b) Birds. alphabetical order as this species occurs southwest and southcoastal Alaska, on the in § 17.11 (h) to read as follows: * * * * * maps below. The maps are for reference only; the areas in critical habitat are legally described below. BILLING CODE 4310±55±U
2. Within these areas, the primary components that are essential for the primary rearing, roosting, molting, and wintering. In constituent elements are those habitat biological needs of feeding, nesting, brood terrestrial critical habitat (North Slope and
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Yukon-Kuskokwim Delta Units), the primary mile to the line dividing Township 4 North, THENCE southeasterly with said refuge constituent elements are small ponds and Ranges 11 and 12 West; boundaries, closing the mouth of Hooper Bay shallow water habitats (particularly those THENCE south with the line dividing to include all islands within Hooper Bay, with emergent vegetation), moist tundra Ranges 11 and 12 West approximately 6 approximately 73⁄4 miles to the meander within 100 meters (326 ft) of permanent miles to the corner common to Townships 3 corner common to Sections 2 and 3 of surface waters including lakes, ponds, and and 4 North, Ranges 11 and 12 West; Township 15 North, Range 93 West; pools, the associated aquatic invertebrate THENCE east with the line dividing THENCE continuing southeasterly with fauna, and adjacent nesting habitats. In Townships 3 and 4 North approximately 6 said refuge boundaries, closing the mouths of marine critical habitat (all other units), the miles to the corner common to Townships 3 all inlets, rivers, and straits, along the line of primary constituent elements include the and 4 North, Ranges 10 and 11 West; mean high tide of the Bering Sea to the marine waters up to 10 m (30 ft) deep and THENCE south with the line dividing mouth of the Kashunuk River at the northern the underlying substrate, the associated Ranges 10 and 11 West approximately 6 meander corner common to Sections 28 and invertebrate fauna in the water column and miles to the corner common to Townships 2 29 of Township 14 North, Range 91 West; in and on the underlying substrate, and, and 3 North, Ranges 10 and 11 West; THENCE southerly with said refuge where present, eelgrass beds and their THENCE east with the line dividing boundaries approximately 4,200 feet to the associated flora and fauna. Townships 2 and 3 North approximately 36 south bank of the mouth of the Kashunuk 3. Critical habitat does not include existing miles to the corner common to Townships 2 River at the southern meander corner human structures. and 3 North, Ranges 4 and 5 West; common to Sections 28 and 29 of Township THENCE north with the line dividing 14 North, Range 91 West; Unit 1. North Slope Nesting Unit Ranges 4 and 5 West approximately 6 miles THENCE continuing southerly with said All Umiat Meridian, Alaska to the corner common to Townships 3 and refuge boundaries along the line of mean 4 North, Ranges 4 and 5 West; Beginning at a point of land on the line of high tide of the Bering Sea approximately 20 THENCE east with the line dividing mean high tide of the Chukchi Sea known as miles to the easternmost point of a headland Townships 3 and 4 North approximately 37 Icy Cape at approximate Latitude 70° 19′ 50″ at the west side of Hazen Bay within Section miles to the line of mean high water on the North, Longitude 161° 53′ 00″ West, within 1 of Township 11 North, Range 91 West; eastern (right) bank of the Colville River Township 11 North, Range 39 West, Umiat THENCE continuing with said refuge within Section 31 of Township 4 North, Meridian, Alaska, and the TRUE POINT OF boundaries on an approximate forward Range 3 East; BEGINNING of the lands to be described. bearing of South 38° East approximately 8 THENCE in a north and northeasterly miles across the mouth of Hazen Bay to a THENCE in a southwesterly direction with direction downstream with the line of mean the line of mean high tide along the ocean point on the headland at approximate high water on the eastern (right) bank of the Latitude 60°59′00″ North, Longitude side of the barrier islands and sand spits Colville River, following the eastern banks of 165°12′00″ West, within Section 2 of approximately 30 miles to the meander the easternmost sloughs approximately 100 Township 10 North, Range 90 West; corner for the line dividing Townships 7 and miles along the line of mean high tide of the THENCE continuing with said refuge 8 North, Range 43 West; Arctic Ocean to the meander corner common boundaries southerly and southeasterly along THENCE east with the line dividing to Section 36 of Township 13 North, Range Townships 7 and 8 North approximately 22 7 East and Section 31 of Township 13 North, the line of mean high tide of the Bering Sea miles to the corner common to Townships 7 Range 8 East; approximately 8 miles to a point on the and 8 North, Ranges 39 and 40 West; THENCE in a northwesterly, westerly, and Naskonat Peninsula at the meander corner THENCE north with the line dividing southwesterly direction with the outer common to Sections 2 and 3 of Township 9 Ranges 39 and 40 West approximately 6 perimeter of the Colville River Delta at the North, Range 89 West; miles to the line dividing Townships 8 and line of mean high tide of the Arctic Ocean, THENCE continuing with said refuge 9 North; including all islands and bars, approximately boundaries on an approximate forward ° 1 THENCE east with the line dividing 30 miles to the boundary of the National bearing of South 21 West approximately 3 ⁄2 Townships 8 and 9 North approximately 112 Petroleum Reserve-Alaska within Section 32 miles to the most northerly tip of Nunivachak miles to the line dividing Township 8 North, of Township 13 North, Range 4 East; Island within Section 21 of Township 9 Ranges 20 and 21 West; THENCE in a northwesterly and North, Range 89 West; THENCE south with the line dividing southwesterly direction with the highest THENCE continuing with said refuge Ranges 20 and 21 West approximately 6 highwater mark of the Arctic Ocean and the boundaries southwesterly along the line of miles to the corner common to Townships 7 Chukchi Sea, common with the boundary of mean high tide of Hazen Bay of the Bering and 8 North, Ranges 20 and 21 West; the National Petroleum Reserve-Alaska as Sea on the seaward side of Nunivachak THENCE east with the line dividing withdrawn by Executive Order 3797–A on Island approximately 1⁄2 mile to the most Townships 7 and 8 North approximately 42 February 27, 1923, approximately 400 miles southerly tip of Nunivachak Island within miles to the corner common to Townships 7 to Icy Cape within Township 11 North, Section 21 of Township 9 North, Range 89 and 8 North, Ranges 13 and 14 West; Range 39 West, Umiat Meridian, Alaska, the West; THENCE south with the line dividing TRUE POINT OF BEGINNING. THENCE continuing with said refuge Ranges 13 and 14 West approximately 6 boundaries on an approximate forward Unit 2. Yukon-Kuskokwim Nesting Unit miles to the corner common to Townships 6 bearing of South 22° West approximately 4 and 7 North, Ranges 13 and 14 West; All Seward Meridian miles to the most northwesterly tip of Nelson THENCE east with the line dividing Beginning at the U.S. Coast and Geodetic Island within Section 11 of Township 8 Townships 6 and 7 North approximately 6 Survey monument ‘‘Kokechik South Base’’ at North, Range 90 West; miles to the corner common to Townships 6 Latitude 61°38′13.11″ North, Longitude THENCE continuing with said refuge and 7 North, Ranges 12 and 13 West; 166°10′16.12″ West (NAD 83), within Section boundaries southeasterly along the line of THENCE south with the line dividing 21 of Township 18 North, Range 93 West, mean high tide of Hazen Bay of the Bering Ranges 12 and 13 West approximately 6 Seward Meridian, Alaska, the TRUE POINT Sea approximately 41⁄2 miles to the line miles to the corner common to Townships 5 OF BEGINNING of the lands to be described. dividing Townships 7 and 8 North, Range 89 and 6 North, Ranges 12 and 13 West; THENCE west approximately 150 feet to West; THENCE east with the line dividing the line of mean high tide of the Bering Sea; THENCE east with the line dividing Townships 5 and 6 North approximately 6 THENCE southerly and southeasterly with Townships 7 and 8 North approximately 6 miles to the corner common to Townships 5 the line of mean high tide of the Bering Sea, miles to the corner common to Townships 7 and 6 North, Ranges 11 and 12 West; common with the boundary of the Yukon and 8 North, Ranges 88 and 89 West; THENCE south with the line dividing Delta and Alaska Maritime National Wildlife THENCE north with the line dividing Ranges 11 and 12 West approximately 6 Refuges as established by the Alaska National Ranges 88 and 89 West approximately 6 miles to the line dividing Townships 4 and Interest Lands Conservation Act (Public Law miles to the line dividing Townships 8 and 5 North; 96–487) on December 2, 1980, to the meander 9 North; THENCE east with the line dividing corner common to Sections 10 and 11 of THENCE east with the line dividing Townships 4 and 5 North approximately 1 Township 16 North, Range 94 West; Townships 8 and 9 North approximately 6
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THENCE west with the line dividing THENCE north with the line dividing THENCE west with the line dividing Townships 9 and 10 North approximately 6 Ranges 86 and 87 West approximately 12 Townships 13 and 14 North approximately miles to the corner common to Townships 9 miles to the line dividing Townships 12 and 12 miles to the corner common to Townships and 10 North, Ranges 87 and 88 West; 13 North; 13 and 14 North, Ranges 88 and 89 West; THENCE north with the line dividing THENCE west with the line dividing THENCE north with the line dividing Ranges 87 and 88 West approximately 6 Townships 12 and 13 North approximately 6 Ranges 88 and 89 West approximately 12 miles to the corner common to Townships 10 miles to the line dividing Township 13 miles to the corner common to Townships 15 and 11 North, Ranges 87 and 88 West; North, Ranges 86 and 87 West; and 16 North, Ranges 88 and 89 West; THENCE east with the line dividing THENCE north with the line dividing THENCE west with the line dividing Townships 10 and 11 North approximately 6 Ranges 86 and 87 West approximately 6 Townships 15 and 16 North approximately 6 miles to the corner common to Townships 10 miles to the corner common to Townships 13 miles to the corner common to Townships 15 and 11 North, Ranges 86 and 87 West; and 14 North, Ranges 86 and 87 West; and 16 North, Ranges 89 and 90 West;
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THENCE north with the line dividing Kokechik Bay of the Bering Sea at the Section 3 of Township 18 North, Range 91 Ranges 89 and 90 West approximately 6 meander corner common to Section 31 of West; miles to the line dividing Townships 16 and Township 19 North, Range 91 West and THENCE in a southwesterly direction with 17 North; Sections 36 of Township 19 North, Range 92 the said line of mean high tide approximately THENCE west with the line dividing West; 13 miles to the southernmost point of Townships 16 and 17 North approximately 6 THENCE southeasterly approximately 1⁄4 Kokechik Bay within Section 22 of Township miles to the line dividing Township 17 mile, closing the mouth of the Lithkealik North, Ranges 89 and 90 West; River, to a point on the line of mean high tide 18 North, Range 93 West; THENCE north with the line dividing of Kokechik Bay of the Bering Sea within THENCE south approximately 500 feet to Ranges 89 and 90 West approximately 18 Section 31 of Township 19 North, Range 91 the base of the bluff within the same section miles to the corner common to Townships 19 West; and township; and 20 North, Ranges 89 and 90 West; THENCE with the said line of mean high THENCE northwesterly parallel to the base THENCE west with the line dividing tide southerly and easterly approximately of said bluff approximately 1 mile to Townships 19 and 20 North approximately 41⁄4 miles to the most-western point at the USC&GS monument ‘‘Kokechik South Base’’ 12 miles to the corner common to Townships mouth of the Kolomak River within Section within Section 21 of Township 18 North, 19 and 20 North, Ranges 91 and 92 West; 3 of Township 18 North, Range 91 West; Range 93 West, Seward Meridian, Alaska, the THENCE south with the line dividing THENCE southerly approximately 1⁄2 mile TRUE POINT OF BEGINNING. Ranges 91 and 92 West approximately 5 to the said line of mean high tide on the miles to the line of mean high tide of south bank of the Kokechik River within BILLING CODE 4310±55±U
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Unit 3. Nunivak Island Unit 4. Kuskokwim Bay approximately 8 miles to the meander corner Those marine waters immediately Northern Subunit common to Section 19 of Township 2 North, surrounding Nunivak Island, Bering Sea, Range 88 West, and Section 24 of Township All Seward Meridian Alaska. 2 North, Range 89 West; The Nunivak Island Unit consists of the Beginning at a point of land on the line of THENCE southeasterly and easterly with water column from the line of mean high tide mean high tide of Etolin Strait of the Bering the line of mean high tide of the Bering Sea, of said island to a distance of 1/4 mile (400 Sea at a meander corner common to Section common with the boundary of the Yukon meters) seaward for the entire coastline, 6 of Township 2 North, Range 89 West, and Delta and Alaska Maritime National Wildlife including the waters surrounding offshore Section 1 of Township 2 North, Range 90 Refuges as established by the Alaska National islets, rocks, and reefs. Said unit lies entirely West, Seward Meridian, Alaska, and the Interest Lands Conservation Act (Public Law within the boundary of the Yukon Delta TRUE POINT OF BEGINNING of the lands to 96–487) on December 2, 1980, approximately National Wildlife Refuge as established by be described. 70 miles to the meander corner common to the Alaska National Interest Lands THENCE easterly and southeasterly with Section 6 of Township 4 South, Range 80 Conservation Act (Public Law 96–487) on the line of mean high tide of Etolin Strait, West, and Section 1 of Township 1 South, December 2, 1980. closing the mouth of the Kolavinarak River, Range 81 West;
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THENCE southeasterly, perpendicular to Bay at the aforementioned meander corner line of mean high tide of Ugashik Bay the coastline for a distance of 25 miles (40 and the TRUE POINT OF BEGINNING. approximately 1⁄2 mile to the meander corner kilometers) to a point in the waters of the common to Sections 13 and 24 of Township Unit 5. North Side of the Alaska Peninsula Bering Sea; 31 South, Range 52 West; THENCE southwesterly, westerly, and Egegik Bay Unit THENCE west, continuing with said refuge northwesterly, parallel to the coastline of the All Seward Meridian boundary on the line dividing Sections 13 Bering Sea and Etolin Strait for and 24 of Township 31 South, Range 52 West approximately 80 miles, to a point in the Beginning at a point of land on the Alaska to the meander corner common to Sections waters of Etolin Strait 25 miles (40 Peninsula on the line of mean high tide of 14 and 23 of the same township; kilometers) southwest of the meander corner Bristol Bay of the Bering Sea at a meander THENCE continuing west with the section common to Section 6 of Township 2 North, corner common to Section 36 of Township 21 line dividing the north and south halves of Range 89 West, and Section 1 of Township South, Range 51 West, and Section 1 of Township 31 South, Ranges 52 and 53 West 2 North, Range 90 West; Township 22 South, Range 51 West, Seward approximately 8 miles to the line of mean THENCE northeast 25 miles (40 kilometers) Meridian, Alaska, and the TRUE POINT OF high tide of Bristol Bay at the meander corner to the line of mean high tide of Etolin Strait BEGINNING of the lands to be described. common to Sections 16 and 21 of Township at the aforementioned meander corner and THENCE southeasterly and northeasterly 31 South, Range 53 West; the TRUE POINT OF BEGINNING. with the line of mean high tide of the Bering THENCE northwesterly, perpendicular to Sea, common with the boundary of the Southern Subunit the coastline for or a distance of 1⁄4 mile (400 Alaska Maritime National Wildlife Refuge as meters) to a point in the waters of Bristol Bay All Seward Meridian established by the Alaska National Interest of the Bering Sea; Beginning at a point of land on the line of Lands Conservation Act (Public Law 96–487) THENCE in a northeasterly direction, mean high tide of Kuskokwim Bay of the on December 2, 1980, approximately 8 miles parallel to the coastline of Bristol Bay and Bering Sea at the meander corner common to to the meander corner common to Section 35 closing the entrance to Ugashik Bay, for Section 35 of Township 4 South, Range 74 of Township 22 South, Range 50 West and approximately 11 miles to a point in the Section 2 of Township 23 South, Range 50 West, and Section 1 of Township 5 South, waters of Bristol Bay 1⁄4 mile (400 meters) West; Range 74 West, Seward Meridian, Alaska, southwest of the meander corner common to THENCE east with the line dividing and the TRUE POINT OF BEGINNING of the Section 34 of Township 29 South, Range 52 Townships 22 and 23 South approximately 1 lands to be described. West, and Section 3 of Township 30 South, 1⁄2 miles to a point in the waters of Egegik THENCE southerly with the line of mean Range 52 West; Bay immediately north of the village of high tide of Kuskokwim Bay, common with THENCE northeast 1⁄4 mile to the Egegik on the line dividing Ranges 49 and 50 the boundary of the Yukon Delta, Togiak, and aforementioned meander corner, the TRUE West; Alaska Maritime National Wildlife Refuges as POINT OF BEGINNING. THENCE with the line dividing Ranges 49 established by the Alaska National Interest 1 Lands Conservation Act (Public Law 96–487) and 50 West approximately ⁄4 mile to the Cinder River Unit line of mean high tide of Egegik Bay on the on December 2, 1980, approximately 120 All Seward Meridian boundary of the Alaska Maritime National miles to the meander corner common to Beginning at a point of land on the Alaska Sections 15 and 22 of Township 15 South, Wildlife Refuge; THENCE continuing with said line of mean Peninsula on the line of mean high tide of Range 75 West; Bristol Bay of the Bering Sea at a meander THENCE continuing with the line of mean high tide and refuge boundary in a southwesterly, northerly, and southwesterly corner common to Sections 21 and 28 of high tide of Kuskokwim and Bristol Bays in Township 32 South, Range 54 West, Seward a southerly, westerly, and easterly direction, direction for approximately 14 miles to the meander corner common to Section 35 of Meridian, Alaska, and the TRUE POINT OF inside the boundary of the Togiak National BEGINNING of the lands to be described. Wildlife Refuge, for approximately 60 miles Township 23 South, Range 51 West and THENCE in a general southwesterly to the meander corner common to Sections Section 2 of Township 24 South, Range 51 direction with the line of mean high tide of 9 and 10 of Township 18 South, Range 74 West; Bristol Bay, common with the boundary of West; THENCE northerly through the waters of the Alaska Maritime National Wildlife Refuge THENCE easterly with the line of mean Bristol Bay, closing Egegik Bay, to the high tide of Bristol Bay and Hagemeister aforementioned meander corner, the TRUE as established by the Alaska National Interest Strait, common with the boundary of the POINT OF BEGINNING. Lands Conservation Act (Public Law 96–487) on December 2, 1980 approximately 31⁄2 Togiak and Alaska Maritime National Ugashik Bay Unit Wildlife Refuges, approximately 40 miles to miles to the southernmost point of Section 3 Tongue Point within Section 9 of Township All Seward Meridian of Township 33 South, Range 55 West; 16 South, Range 69 West; Beginning at a point of land on the Alaska THENCE continuing with the line of mean THENCE south 1⁄2 mile (0.8 kilometers) to Peninsula on the line of mean high tide of high tide northeasterly, southwesterly, and a point in the waters of Bristol Bay of Bristol Bay of the Bering Sea at a meander northeasterly to encompass the Cinder River/ Hagemeister Strait; corner common to Section 34 of Township 29 Mud Creek tidal flats area, closing the THENCE southwesterly and northerly, South, Range 52 West, and Section 3 of mouths of the Cinder River and Mud Creek, parallel to the coastline of Hagemeister Strait Township 30 South, Range 52 West, Seward approximately 15 miles to the northernmost and Bristol Bay approximately 60 miles to a Meridian, Alaska, and the TRUE POINT OF point of Section 4 of Township 33 South, point in the waters of Bristol Bay 1⁄2 mile BEGINNING of the lands to be described. Range 55 West; west of the meander corner common to THENCE southeasterly with the line of THENCE southwest with the said line of Section 36 of Township 18 South, Range 76 mean high tide of Bristol and Ugashik Bays, mean high tide, common with said refuge West and Section 1 of Township 19 South, common with the boundary of the Alaska boundary, approximately 3 miles to the Range 76 West; Maritime National Wildlife Refuge as meander corner common to Section 18 of THENCE due west 241⁄2 miles; established by the Alaska National Interest Township 33 South, Range 55 West, and THENCE in a general westerly, easterly, Lands Conservation Act (Public Law 96–487) Section 13 of Township 33 South, Range 56 and northerly direction, parallel to the on December 2, 1980, approximately 111⁄2 West; coastline of Bristol and Kuskokwim Bays of miles to the meander corner common to THENCE northwest, perpendicular to the the Bering Sea for approximately 100 miles, Sections 17 and 20 of Township 31 South, coastline for a distance of 1⁄4 mile (400 to a point in the waters of Kuskokwim Bay Range 51 West; meters) to a point in the waters of Bristol 25 miles (40 kilometers) southwest of the THENCE on the line dividing Sections 18 Bay; meander corner common to Section 35 of and 19 of Township 31 South, Range 51 West THENCE in a northeasterly direction, Township 4 South, Range 74 West, and approximately 1 mile to the headland at the parallel to the coastline of Bristol Bay, Section 1 of Township 5 South, Range 75 confluence of the Ugashik and King Salmon closing the entrance to the Cinder River/Mud West; Rivers; Creek tidal flats area, for approximately 61⁄2 THENCE northeast 25 miles (40 kilometers) THENCE westerly with the headland, miles to a point in the waters of Bristol Bay to the line of mean high tide of Kuskokwim continuing with said refuge boundary on the 1⁄4 mile (400 meters) northwest of the
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Conservation Act (Public Law 96–487) on THENCE northwesterly, easterly, and Areas of the Unit that are exceptions to the December 2, 1980, approximately 4 miles to westerly on the shore of Unimak Island with 1⁄4 mile (400 meters) seaward water column Moffet Point within Section 4 of Township the line of mean high tide of Ikatan Bay, are described as follows: 55 South, Range 87 West; Isanotski Strait, Bechevin Bay, and Bristol Morzhovoi Bay: Those marine waters of THENCE continuing with the line of mean Bay, to the meander corner common to northern Morzhovoi Bay, including Big and high tide, inside the boundary of the Izembek Section 30 of Township 59 South, Range 94 Middle lagoons, lying between Boiler Point National Wildlife Refuge, northeasterly, West, and Section 25 of Township 59 South, on the west and Reynolds Head on the east, southwesterly, and northeasterly to Range 95 West; and to include Littlejohn Lagoon, east of encompass Moffet and Izembek Lagoons, THENCE north, perpendicular to the Reynolds Head. The boundary line Applegate Cove, and Norma Bay, coastline for a distance of 1⁄4 mile (400 connecting said points are more particularly approximately 55 miles to Cape Glazenap meters) to a point in the waters of Bristol described as follows: within Section 18 of Township 57 South, Bay; West Boundary: A point of land on the Range 90 West; THENCE in a northeasterly direction, Alaska Peninsula known as Boiler Point on THENCE southwest with the line of mean parallel to the coastline of Bristol Bay, the line of mean high tide of Morzhovoi Bay high tide of Bristol Bay, common to the closing the entrance to Bechevin Lagoon, for of the Pacific Ocean within Section 6 of Alaska Maritime refuge boundary, approximately 14 miles to a point in the Township 60 South, Range 91 West, Seward approximately 14 miles to the meander Meridian, Alaska. Said point is waters of Bristol Bay 1⁄4 mile (400 meters) corner common to Section 31 of Township 58 approximately 850 feet northeast of USC&GS South, Range 92 West, and Section 36 of northwest of the meander corner common to ° Sections 17 and 20 of Township 59 South, monument ‘‘Slope’’ which is at Latitude 55 Township 58 South, Range 93 West; 00′ 41.69″ North, Longitude 163° 08′ 57.57″ THENCE northwest, perpendicular to the Range 93 West; 1 West (NAD 83). 1 THENCE southeast ⁄4 mile to the coastline for a distance of ⁄4 mile (400 East Boundary: A point of land on the aforementioned meander corner common, the meters) to a point in the waters of Bristol Alaska Peninsula known as Reynolds Head TRUE POINT OF BEGINNING. Bay; on the line of mean high tide of Morzhovoi THENCE in a northeasterly direction, Unit 6. Eastern Aleutians Bay of the Pacific Ocean within Section 5 of parallel to the coastline of Bristol Bay and the Those marine waters of the Bering Sea and Township 60 South, Range 90 West, Seward ocean side of the Kudiakof Islands, closing Meridian, Alaska. Said point is the most the entrances to Izembek Lagoon, for Pacific Ocean immediately fronting Unimak Island (excluding the Bechevin Bay Unit), the northwestern point of land within Section 5 approximately 30 miles to a point in the of said township. 1 Krenitzin Islands (Ugamak and Unalga waters of Bristol Bay ⁄4 mile (400 meters) Cold Bay: Those marine waters of Cold northwest of the meander corner common to group), Unalaska Island, Umnak Island, and Samalga Island, Alaska. Bay, including Old Mans Lagoon, Lenard Section 18 of Township 54 South, Range 86 Harbor, Mortensons Lagoon, and Kinzarof The Eastern Aleutians Unit consists of the West, and Section 13 of Township 54 South, Lagoon, lying north of a boundary line water column from the line of mean high tide Range 87 West; closing the mouth of Cold Bay. The points on 1 of the Bering Sea and Pacific Ocean to a THENCE southeast ⁄4 mile to the the boundary line closing the mouth of Cold distance of 1⁄4 mile (400 meters) seaward for aforementioned meander corner common, the Bay are more particularly described as TRUE POINT OF BEGINNING. the entire coastline lying between the follows: Bechevin Bay Unit on the east and Samalga West Boundary: A point of land on the Bechevin Bay Unit Pass on the west. Included within the Unit Alaska Peninsula on the line of mean high Beginning at a point of land on the Alaska are the waters within 1⁄4 mile (400 meters) of tide of Cold Bay at the meander corner Peninsula on the line of mean high tide of all associated islands and offshore islets, common to Section 36 of Township 59 Bristol Bay of the Bering Sea at the meander rocks, and reefs. corner common to Section 31 of Township 58 South, Range 88 West, and Section 1 of South, Range 92 West, and Section 36 of Unit 7. South Side of the Alaska Peninsula Township 60 South, Range 88 West Seward Meridian, Alaska. Township 58 South, Range 93 West, Seward All Seward Meridian Meridian, Alaska, and the TRUE POINT OF East Boundary: A point of land on the Those marine waters of the Pacific Ocean BEGINNING of the lands to be described. Alaska Peninsula known as Vodapoini Point immediately fronting the south side of the THENCE southwesterly, with the line of on the line of mean high tide of Cold Bay Alaska Peninsula, Alaska. mean high tide of Bristol Bay, common with within Section 36 of Township 59 South, The Alaska Peninsula Unit consists of the the boundary of the Alaska Maritime Range 87 West, Seward Meridian, Alaska. water column from the line of mean high tide Said point is the most western point of land National Wildlife Refuge as established by 1 the Alaska National Interest Lands of the Pacific Ocean to a distance of ⁄4 mile within Section 36 of said township. Conservation Act (Public Law 96–487) on (400 meters) seaward for the entire coastline Sanak Islands: Those marine waters of the December 2, 1980, approximately 6 miles to lying between Ikatan Bay on the west and Pacific Ocean surrounding the Sanak Island Cape Krenitzin at the meander corner Cook Inlet on the east. Said boundary points group, said waters being divided into north common to Sections 17 and 20 of Township are more particularly described as follows: and south portions lying between Point 59 South, Range 93 West; West Boundary: a point of land on the Petrof on the west and Lookout Point on the THENCE southerly, northeasterly, and Alaska Peninsula at Palisade Cliffs on the east. These portions are defined as the water southerly with the line of mean high tide of line of mean high tide of Ikatan Bay of the column from the line of mean high tide of the Bechevin Bay and Isanotski Strait, common Pacific Ocean at the meander corner common Pacific Ocean extending to a distance of 5 with said refuge boundary except to include to Section 18 of Township 62 South, Range miles (8 kilometers) seaward for the southern Hot Springs Bay and Traders Cove, which lie 93 West, and Section 13 of Township 62 portion and a distance of 1 mile (1.6 inside the Alaska Peninsula refuge boundary, South, Range 94 West, Seward Meridian, kilometers) seaward for the northern portion. approximately 50 miles to Palisade Cliffs at Alaska. Said southern portion extends 5 miles from the meander corner common to Section 18 of East Boundary: a point of land on the the southern coastlines of Point Petrof, Rabbit Township 62 South, Range 93 West, and Iniskin Peninsula of the Alaska Peninsula Island, Sanak Island, Long Island, Clifford Section 13 of Township 62 South, Range 94 known as Chinitna Point on the line of mean Island, Elma Island, and Caton Island. West; high tide of Cook Inlet of the Pacific Ocean Said northern portion extends 1 mile from THENCE south with the line dividing within Section 5 of Township 6 South, Range the northern coastlines of Point Petrof, Sanak Ranges 93 and 94 West, across Ikatan Bay of 22 West, Seward Meridian, Alaska. Island, Finneys Island, and Caton Island. the Pacific Ocean approximately 31⁄2 miles to Included within the Unit are the waters Those westernmost and easternmost points a point of land on the Ikatan Peninsula of within 1⁄4 mile (400 meters) of all associated that divide the southern and northern Unimak Island on the line of mean high tide islands including the Sanak, Shumagin, and portions are more particularly described as of Ikatan Bay at the meander corner common Semidi island groups, Chirikof Island, and all follows: to Section 6 of Township 63 South, Range 93 offshore islets, rocks, and reefs. Excluded West Boundary: A point of land known as West, and Section 1 of Township 63 South, from the Unit are the waters surrounding the Point Petrof on a small island on the Range 94 West; Trinity, Kodiak, and Afognak island groups. northwest side of Sanak Harbor of the Pacific
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Ocean on the line of mean high tide of the Peninsula, closing the entrance to Wide Bay, Peninsula, approximately 18 miles to a point Pacific Ocean within Section 3 of Township and paralleling the ocean side of all islands in the waters of Cook Inlet 1 mile northwest 66 South, Range 91 West, Seward Meridian, fronting Wide Bay, for approximately 17 of the meander corner common to Section 33 Alaska. Said point is approximately 500 feet miles to a point in the waters of Shelikof of Township 1 South, Range 14 West, and west of USC&GS monument ‘‘Petrof,’’ which Strait 1 mile east of the meander corner Section 4 of Township 2 South, Range 14 is at Latitude 54° 29′ 37.62″ North, Longitude common to Section 35 of Township 33 West; 162° 49′ 49.37″ West (NAD 83). South, Range 44 West, and Section 2 of THENCE southeast 1 mile to the East Boundary: A point of land on Caton Township 34 South, Range 44 West; aforementioned meander corner common, the Island known as Lookout Point on the line THENCE west 1 mile to the TRUE POINT OF BEGINNING. of mean high tide of the Pacific Ocean within aforementioned meander corner common, the Section 11 of Township 67 South, Range 88 TRUE POINT OF BEGINNING. Unit 9. Kodiak West, Seward Meridian, Alaska. Said point is Kamishak Bay: Beginning at a point of land Those marine waters immediately the most eastern point of land within Section on the Alaska Peninsula on the line of mean surrounding the islands of the Kodiak 11 of said township. high tide of Kamishak Bay of the Pacific Archipelago, Gulf of Alaska, Pacific Ocean, Ivanof Bay: Those marine waters of Ivanof Ocean at the meander corner common to Alaska. Bay of the Pacific Ocean lying north of a Section 7 of Township 14 South, Range 25 The Kodiak/Afognak Island Unit consists boundary line closing the mouth of said bay. West, and Section 12 of Township 14 South, of the water column from the line of mean Said boundary line is common with the Range 26 West, Seward Meridian, Alaska, high tide of Kodiak and Afognak islands to boundaries of the Alaska Peninsula and and the TRUE POINT OF BEGINNING of the a distance of 1⁄4 mile (400 meters) seaward. Alaska Maritime National Wildlife Refuges as lands to be described. Said water column is reserved for all islands established by the Alaska National Interest THENCE northwesterly and northeasterly of the Kodiak Archipelago, including the Lands Conservation Act (Public Law 96–487) with the line of mean high tide of Kamishak waters within 1⁄4 mile (400 m) of the Trinity on December 2, 1980. The points on the Bay, including all associated bays and coves, Islands, Marmot Island, Shuyak Island, and boundary line closing the mouth of Ivanof approximately 190 miles to a point on the all other offshore islets, rocks, and reefs. Bay are more particularly described as Iniskin Peninsula known as Chinitna Point follows: on the line of mean high tide of Cook Inlet * * * * * West Boundary: A point of land on the of the Pacific Ocean within Section 5 of Alaska Peninsula on the line of mean high Township 6 South, Range 22 West, Seward Dated: February 29, 2000. tide of Ivanof Bay at the meander corner Meridian, Alaska; Donald J. Barry, common to Sections 9 and 16 of Township THENCE south, perpendicular to the Assistant Secretary for Fish and Wildlife and 51 South, Range 66 West, Seward Meridian, coastline for a distance of 1 mile (1.6 Parks. Alaska. kilometers) to a point in the waters of Cook [FR Doc. 00–5436 Filed 3–10–00; 8:45 am] East Boundary: A point of land on the Inlet; Alaska Peninsula known as Alexander Point THENCE in a southwesterly direction, BILLING CODE 4310±55±U on the line of mean high tide of Ivanof Bay parallel to the coastline of the Alaska within Section 1 of Township 51 South, Peninsula, for approximately 150 miles to a Range 66 West, Seward Meridian, Alaska. point in the waters of Kamishak Bay 1 mile DEPARTMENT OF COMMERCE Said point is the most southern point of land north of the meander corner common to within Section 1 of said township. Section 7 of Township 14 South, Range 25 National Oceanic and Atmospheric Chignik Lagoon: Those marine waters of West, and Section 12 of Township 14 South, Administration Chignik Lagoon including Mallard Duck Bay Range 26 West; and Schooner Cove, lying west of the line THENCE south 1 mile to the 50 CFR Part 300 dividing Township 44 South, Ranges 58 and aforementioned meander corner common, the 59 West, Seward Meridian, Alaska. The TRUE POINT OF BEGINNING. [Docket No.000218046±0046±01; I.D. western extent of Chignik Lagoon is 121599F] described as follows: Unit 8. Kachemak Bay/Ninilchik RIN 0648±AN42 Beginning at a point of land on the Alaska Beginning at a point of land on the Kenai Peninsula on the line of mean high tide of Peninsula on the line of mean high tide of Chignik Lagoon and the Chignik River at the Cook Inlet of the Gulf of Alaska of the Pacific Antarctic Marine Living Resources; meander corner common to Sections 15 and Ocean at the meander corner common to Harvesting and Dealer Permits, and 16 of Township 45 South, Range 60 West; Section 33 of Township 1 South, Range 14 Catch Documentation THENCE south with the section line across West, and Section 4 of Township 2 South, AGENCY: National Marine Fisheries the Chignik River approximately 1⁄4 mile to Range 14 West, Seward Meridian, Alaska, the meander corner common to Sections 21 and the TRUE POINT OF BEGINNING of the Service (NMFS), National Oceanic and and 22 of the same township. lands to be described. Atmospheric Administration (NOAA), Wide Bay: Beginning at a point of land on THENCE southwesterly, southeasterly, Commerce. the Alaska Peninsula on the line of mean northeasterly, and southwesterly with the ACTION: Proposed rule; request for high tide of Shelikof Strait of the Pacific line of mean high tide of Cook Inlet, comments. Ocean at the meander corner common to Kachemak Bay, and all associated bays and Section 35 of Township 33 South, Range 44 coves, common with the boundary of the SUMMARY: NMFS proposes regulations to West, and Section 2 of Township 34 South, Alaska Maritime National Wildlife Refuge as revise permit requirements for U.S. Range 44 West, Seward Meridian, Alaska, established by the Alaska National Interest vessels harvesting, or transshipping and the TRUE POINT OF BEGINNING of the Lands Conservation Act (Public Law 96–487) catch of, Dissostichus eleginoides lands to be described. on December 2, 1980, approximately 210 THENCE northerly, southwesterly, and miles to a point on the Kenai Peninsula (Patagonian toothfish) and Dissostichus northeasterly with the line of mean high tide known as Point Bede at the western most mawsoni (Antarctic toothfish) harvested of Shelikof Strait and Wide Bay extent of Section 16 of Township 10 South, in all waters, including those under the approximately 60 miles to Cape Igvak at the Range 16 West; jurisdiction of the Commission for the southernmost portion of the Alaska THENCE northerly across the mouth of Conservation of Antarctic Marine Living Peninsula in Section 12 of Township 32 Kachemak Bay, approximately 29 miles to a Resources (CCAMLR). These regulations South, Range 42 West; point in the waters of Cook Inlet 1 mile (1.6 would also govern U.S. receivers, THENCE south, perpendicular to the kilometers) northwest of the meander corner importers and exporters of toothfish, coastline for a distance of 1 mile (1.6 common to Section 33 of Township 4 South, kilometers) to a point in the waters of Range 15 West, and Section 5 of Township wherever caught. Persons receiving, Shelikof Strait; 5 South, Range 15 West; importing or re-exporting toothfish THENCE in a southwesterly direction, THENCE in a northeasterly direction, would be required to validate and parallel to the coastline of the Alaska parallel to the coastline of the Kenai submit Dissostichus Catch Documents to
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