Vol. 76 Tuesday, No. 55 March 22, 2011

Part II

Department of the Interior

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Pacific Coast Population of the Western Snowy Plover; Proposed Rule

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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Jim (5) Comments or information that may Watkins, U.S. Fish and Wildlife Service, assist us in identifying or clarifying the Fish and Wildlife Service Arcata Fish and Wildlife Office, 1655 physical and biological features Heindon Road, Arcata, CA 95521; essential to the conservation of the 50 CFR Part 17 telephone (707) 822–7201; facsimile species. (6) How the proposed revised critical [Docket No. FWS–R8–ES–2010–0070; MO (707) 822–8411. If you use a 92210–0–0009] telecommunications device for the deaf habitat boundaries could be refined to (TDD), call the Federal Information more closely circumscribe the areas RIN 1018–AX10 Relay Service (FIRS) at (800) 877–8339. identified as containing the features SUPPLEMENTARY INFORMATION: essential to the species’ conservation. Endangered and Threatened Wildlife (7) How we mapped the water’s edge and Plants; Revised Critical Habitat for Public Comments and whether any alternative methods the Pacific Coast Population of the could be used to better determine the Western Snowy Plover We intend that any final action resulting from this proposed revised critical habitat boundaries. (8) Any probable economic, national- AGENCY: Fish and Wildlife Service, critical habitat rule will be based on the security, or other impacts of designating Interior. best scientific and commercial data particular areas as critical habitat, and, ACTION: Proposed rule. available and be as accurate and as in particular, any impacts on small effective as possible. Therefore, we entities (e.g., small businesses or small SUMMARY: We, the U.S. Fish and request comments or information from governments), and the benefits of Wildlife Service (Service), propose to governmental agencies, the scientific including or excluding areas that exhibit revise the designated critical habitat for community, industry, or other these impacts. the Pacific Coast population of the interested parties concerning this (9) Whether any specific areas being Western Snowy Plover (Pacific Coast proposed revised rule. We particularly proposed as revised critical habitat WSP) (Charadrius alexandrinus seek comments concerning: should be excluded under section nivosus) under the Endangered Species (1) The reasons why we should or Act of 1973, as amended (Act). The 4(b)(2) of the Act, and whether the should not revise the designation of benefits of potentially excluding any areas identified in this proposed rule ‘‘ ’’ critical habitat under section 4 of the particular area outweigh the benefits of constitute a revision of the areas Act (16 U.S.C. 1531 et seq.), including designated as critical habitat for the including that area under section 4(b)(2) whether there are threats to the species of the Act (see Exclusions section for Pacific Coast WSP, published in the from human activity, the degree of Federal Register on September 29, 2005. further discussion). which can be expected to increase due (10) Any information regarding the In the final rule, we designated a total to the designation, and whether that of 12,145 acres (ac) (4,915 hectares (ha)) areas exempted from this proposed increase in threat outweighs the benefit revised rule (see Exemptions section for of critical habitat range-wide in 32 units of designation such that the designation in Washington, Oregon, and California. exempted units and further discussion). of critical habitat is not prudent. (11) Information on any quantifiable We are now proposing to revise the (2) Specific information on: economic costs or benefits of the existing critical habitat to a total of 68 (a) Areas that provide habitat for the proposed revised designation of critical units totaling approximately 28,261 ac Pacific Coast WSP that we did not habitat. (11,436 ha). The area breakdown by discuss in this proposed revised critical (12) Information on Tribal lands State is as follows: Washington: 6,265 ac habitat rule, within the proposed revised (2,497 ha) in 4 units; Oregon: 5,219 ac (b) Areas within the geographical area designation. (2,112 ha) in 13 units; and California: occupied by the species at the time of (13) Whether we could improve or 16,777 ac (6,789 ha) in 51 units. listing that contain elements of the modify our approach to designating DATES: We will consider comments from physical and biological features critical habitat in any way to provide for all interested parties until May 23, 2011. essential to the conservation of the greater public participation and We must receive requests for public species which may require special understanding, or to better hearings, in writing, at the address management considerations or accommodate public concerns and shown in the FOR FURTHER INFORMATION protection and that we should include comments. CONTACT section by May 6, 2011. in the designation, and reason(s) why Our final determination concerning ADDRESSES: You may submit comments (see Physical and Biological Features critical habitat for the Pacific Coast WSP by one of the following methods: section). will take into consideration all written (1) Federal eRulemaking Portal: (3) Specific information on our comments we receive during the http://www.regulations.gov. Follow the proposed designation of back-dune comment period, including comments instructions for submitting comments to systems and other habitats in an attempt we have requested from peer reviewers, Docket No. FWS–R8–ES–2010–0070. to offset the anticipated effects of sea- comments we receive during a public (2) U.S. mail or hand-delivery: Public level rise caused by a warming trend hearing should we receive a request for Comments Processing, Attn: FWS–R8– associated with climate change (see one, and any additional information we ES–2010–0070; Division of Policy and Critical Habitat Units section). receive during the 60-day comment Directives Management; U.S. Fish and (4) Specific information on the Pacific period. Our final determination will Wildlife Service, 4401 N. Fairfax Drive, Coast WSP, habitat conditions, and the also consider all written comments and Suite 222, Arlington, VA 22203. presence of physical and biological any additional information we receive We will not accept e-mail or faxes. We features essential to the conservation of during the comment period for the draft will post all comments on http:// the species at any of the critical habitat economic analysis. All comments will www.regulations.gov. This generally units proposed in this revised rule (see be included in the public record for this means that we will post any personal Critical Habitat Units section and rulemaking. On the basis of peer information you provide us (see Public previous rules (64 FR 68508, December reviewer and public comments, we may, Comments section below for more 7, 1999; 70 FR 56970, September 29, during the development of our final information). 2005)). determination, find that areas included

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in this proposal do not meet the population segment of the western attending adults typically leave the definition of critical habitat, that some snowy plover (Pacific Coast WSP) is nesting territory shortly after hatching modifications to the described defined as those individuals nesting (Page et al. 1995, p. 10). boundaries are appropriate, or that some adjacent to tidal waters within 50 miles Clutches normally consist of three areas may be excluded from the final (mi) (80 kilometers (km)) of the Pacific eggs laid in a shallow depression determination under section 4(b)(2) of Ocean, including all nesting birds on scraped in the sand by the male. Such the Act based on Secretarial discretion. the mainland coast, peninsulas, offshore ‘‘nests’’ are typically located in open flat You may submit your comments and islands, adjacent bays, estuaries and areas, often near some conspicuous materials concerning this proposed coastal rivers. For a more complete feature such as a piece of driftwood revised rule by one of the methods discussion of the ecology and life (Page and Stenzel 1981, p. 2; Page et al. listed in the ADDRESSES section. Please history of this population, please see the 1995, p. 10). They are usually located include sufficient information with your final rule for listing the Pacific Coast within 328 feet (ft) (100 meters (m)) of comment to allow us to verify any WSP as a threatened species, which was the shore, but may be farther where scientific or commercial data you published in the Federal Register on shore access remains unblocked by submit. We will not accept comments March 5, 1993 (58 FR 12864), or the dense vegetation (Page and Stenzel sent by e-mail or fax or to an address not Service’s April 21, 2006, 12-month 1981, p. 2; Page et al. 1995, p. 7). Pacific listed in the ADDRESSES section. finding on a petition to delist the Pacific Coast WSPs also tend to nest in We will post your entire comment— Coast WSP (71 FR 20607). relatively higher densities near fresh including your personal identifying water or brackish wetlands such as river Life History information—on http:// mouths, estuaries, and tidal marshes www.regulations.gov. If your written Pacific Coast WSPs typically forage (Page and Stenzel 1981, p. 2). They use comments provide personal identifying for small invertebrates in wet or dry these areas both as foraging sites, and in information, you may request at the top beach sand, tide-cast kelp (Macrocystis the case of freshwater sources, for of your document that we withhold this sp.), low foredune vegetation (vegetation drinking water (Page and Stenzel 1981, information from public review. along the coastal dune or ridge that is p. 2; Page et al. 1995, p. 10). They may However, we cannot guarantee that we parallel to the shoreline), and near water also be capable of functioning for long- will be able to do so. seeps in salt pans. Prey species include periods without freshwater by Comments and materials we receive, mole crabs (Emerita analoga), crabs subsisting on water obtained from insect as well as a list of supporting (Pachygrapsus crassipes), polychaete prey (Purdue 1976, p. 352; Page et al. documentation we used in preparing worms (Neridae, Lumbrineris zonata, 1995, p. 5). this proposed revised rule, will be etc.), amphipods (Corophium spp., etc.), Both sexes incubate the eggs; typically available for public inspection on sand hoppers (Orchestoidea), flies females during daylight hours, and http://www.regulations.gov, or by (Ephydridae, Dolichopodidae), and males during night. The male may appointment, during normal business beetles (Carabidae, etc.). Accordingly, relieve the female for a period during hours, at the U.S. Fish and Wildlife beach-cleaning activities that remove the day. Females often desert the chicks Service, Arcata Fish and Wildlife Office kelp and rake sand can harm plover approximately 1 week after hatching (see FOR FURTHER INFORMATION CONTACT). foraging success (Page et al. 1995, p. 15; (Warriner et al. 1986, p. 27; Page et al. You may obtain copies of this Dugan 2003, p. 138; Dugan & Hubbard 1995, p. 10). The last brood of the proposed revised rule by mail from the 2009, p. 72). season may be raised by both the male Arcata Fish and Wildlife Office (see FOR Generally, the breeding season for and female. Leaving the brood for the FURTHER INFORMATION CONTACT) or by Pacific Coast WSP extends from early male to raise allows females to nest up visiting the Federal eRulemaking Portal March to late September, with birds at to three times in a season, particularly at http://www.regulations.gov. more southerly locations nesting earlier in more southern areas where nesting in the season than birds located farther seasons are longer in duration. Males Background north (Page et al. 1995, p. 10). Courtship typically stay with the chicks until they It is our intent to discuss only those behavior and pair bonding can occur in fledge (take their first flight) about 30 topics directly relevant to the February, and in the southern portion of days after hatching. Newly hatched designation of critical habitat in this the range, a few nests have been chicks are capable of running and proposed revised rule. For more initiated as early as late-January. Males foraging almost immediately; from this information on the Pacific Coast WSP, establish nesting territories from which point, parental behavior consists of refer to the final rule listing the species they advertise for mates using calls and defending chicks from other plovers, as threatened that was published in the behavioral displays. Territory sizes can brooding them in cold weather, leading Federal Register on March 5, 1993 (58 vary from about 0.25 to 2.5 ac (0.1 to 1.0 them to suitable feeding areas, and FR 12864). See also the discussion of ha) at interior sites (Page et al. 1995, warning of approaching predators. habitat in the sections below. p. 7). A study of coastal plovers found Adults may also employ distraction a maximum territory size of 1.2 ac (0.5 displays to lead predators away from Species Description ha) in coastal salt pan habitat, but their young (Page et al. 1995, p. 9). The western snowy plover, one of two speculated in the absence of After their first chicks fledge, males subspecies of snowy plover recognized observational data that beach territories may attempt to raise a new brood with by the American Ornithologists’ Union may have been larger (Warriner et al. a new partner. Both sexes will also to nest in North America, is a small 1986, p. 21). After pair formation, both readily attempt to renest if they lose an shorebird with pale brown to gray sexes defend the nesting territory from entire clutch of eggs or brood of chicks, upperparts, gray to black legs and bill, other plovers. The purpose of such assuming enough time remains in the and dark patches on the forehead, defense is apparently unrelated to nesting season (Page et al. 1995, p. 12). behind the eyes, and on either side of protection of food resources within the Clutches and broods may be lost to the upper breast (Page et al. 1995, p. 2). territory, since both sexes frequently predators, tides and storms, and human The species was first described in 1758 forage in nonterritorial areas up to 5 mi recreational activities. Examples of the by Linnaeus (American Ornithologists’ (8 km) from the nest when not latter include both repeated flushings of Union 1957). The Pacific Coast distinct incubating, and since the chicks and incubating adult plovers and direct

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damage to nests or young, as a result of Previous Federal Actions occupied at the time of listing that have humans, dogs, horses, or vehicles that The Pacific Coast WSP was listed as habitat features essential to the either approach plover nests too closely a threatened species on March 5, 1993 conservation of the species. This or actually overrun plovers and nests (58 FR 12864). A 5-year status review of proposal differs from the previous (Service 1993, p. 12872; Ruhlen et al. the population under section 4(c)(2) of designations in that it includes units 2003, p. 303). the Act was completed June 8, 2006, that may not have been occupied at the Habitat, Geographic Range, and Status based on the analysis conducted for the time of listing, but that have areas section 4(b)(3)(B) status review for the considered to be essential for the The Pacific Coast WSP breeds conservation of the species, such as primarily on coastal beaches from 12-month finding on a petition to delist the Pacific Coast WSP (71 FR 20607, those that contain degraded habitat southern Washington to southern Baja requiring restoration. Restored habitat is California, Mexico. Sand spits, dune- April 21, 2006). Because the Pacific Coast WSP was listed prior to our 1996 essential to the species’ conservation in backed beaches, beaches at creek and order to offset anticipated loss of current river mouths, and salt pans at lagoons policy published in the Federal Register on February 7, 1996 (61 FR 4721) habitat resulting from effects of sea-level and estuaries are the preferred habitats rise associated with climate change. for nesting plovers (Wilson 1980, p. 4; regarding recognition of distinct Stenzel et al. 1981, p. 14). Additional population segments, in our 12-month Critical Habitat finding, we reviewed and confirmed our Pacific Coast WSP nesting habitats Background include bluff-backed beaches, dredged determination that the Pacific Coast material disposal sites, salt ponds and WSP constituted a valid distinct Critical habitat is defined in section 3 their adjacent levees, and river bars population segment. For a complete of the Act as: (Wilson 1980, p. 4; Page and Stenzel discussion of previous Federal actions (1) The specific areas within the 1981, p. 14; Powell et al. 1996, p. 16; regarding the Pacific Coast WSP, please geographical area occupied by a species, Tuttle et al. 1997, p. 174). This habitat see the September 29, 2005, final rule to at the time it is listed in accordance is variable because of unconsolidated designate critical habitat for the Pacific with the Act, on which are found those soils, high winds, storms, wave action, Coast WSP (70 FR 56969). physical or biological features: and colonization by plants. We are revising our 2005 critical (a) Essential to the conservation of the Small changes in the adult survival habitat designation as a result of legal species and rate can have relatively large effects on action initiated by the Center for (b) Which may require special population stability (Nur et al. 1999, Biological Diversity on October 2, 2008, management considerations or p. 14), so the maintenance of quality and the subsequent settlement of that protection; and overwintering habitat is important to action (Center for Biological Diversity v. (2) Specific areas outside the conservation. In western North America, Kempthorne, et al., No. C–08–4594 PJH). geographical area occupied by a species both coastal and inland-nesting western The complaint raised several challenges at the time it is listed, upon a snowy plovers winter along the coast to the 2005 critical habitat designation. determination that such areas are (Page et al. 1995, p. 4). Some coastal Under the settlement agreement that essential for the conservation of the plovers migrate up or down the coast to resolved this action, the Service agreed species. wintering locations, while others remain to conduct a rulemaking to consider Conservation, as defined under at their nesting beaches. Coastal potential revisions to the designated section 3 of the Act, means to use and individuals may also migrate some years critical habitat for Pacific Coast WSP, to the use of all methods and procedures and not others (Warriner et al. 1986, submit for publication to the Federal that are necessary to bring any p. 18; Page et al. 1995, p. 2). Beaches Register a proposed regulation setting endangered or threatened species to the used for nesting are also often used for forth any proposed revisions to critical point at which the measures provided wintering, but birds will also winter at habitat by December 1, 2010, and to under the Act are no longer necessary. several beaches where nesting does not submit a final determination on any Such methods and procedures include, occur (Service 2007, p. 19). Pacific Coast proposed revisions to the Federal but are not limited to, all activities WSPs also visit or nest at other non- Register by June 5, 2012. By order dated associated with scientific resources beach habitats such as human-made salt November 30, 2010, the district court management such as research, census, ponds, and estuarine sand and mud flats approved a modification to the law enforcement, habitat acquisition (Page et al. 1986, p. 4). Sites that have settlement agreement that extends the and maintenance, propagation, live historically supported nesting, but deadline to March 1, 2011, for trapping, transplantation, and in the which currently support only wintering submission of the proposed revised extraordinary case where population plovers, have the potential to attract critical habitat designation to the pressures within a given ecosystem new nesters with appropriate Federal Register. The deadline for cannot otherwise be relieved, may management. This has been successfully submission of a final revised critical include regulated taking. carried out at Coal Oil Point and habitat designation to the Federal Critical habitat receives protection Hollywood Beach in southern California Register is June 5, 2012. under section 7 of the Act through the (Lafferty 2001). These management This proposal relies upon the best requirement that Federal agencies successes are important to conservation, scientific and commercial data available ensure, in consultation with the Service, since the loss of numerous historical to us, including the biological and that any action they authorize, fund, or nesting sites was a major consideration habitat information described in the carry out is not likely to result in the in the plover’s original listing. See the previous final rules, the Recovery Plan destruction or adverse modification of final listing rule (58 FR 12864, March 5, for the Pacific Coast WSP (Service 2007) critical habitat. The designation of 1993) and the Special Management which was released September 24, 2007 critical habitat does not affect land Considerations or Protection section (72 FR 54279), and recognized ownership or establish a refuge, below for additional discussion of the principles of conservation biology. wilderness, reserve, preserve, or other current threats to the species in areas Similar to the previous critical habitat conservation area. Such designation included in this proposed revised designations for the Pacific Coast WSP, does not allow the government or public critical habitat designation. this proposal includes units that were to access private lands. Such

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designation does not require Section 4 of the Act requires that we this species. Similarly, critical habitat implementation of restoration, recovery, designate critical habitat on the basis of designations made on the basis of the or enhancement measures by non- the best scientific and commercial data best available information at the time of Federal landowners. Where a landowner available. Further, our Policy on designation will not control the requests Federal agency funding or Information Standards under the direction and substance of future authorization for an action that may Endangered Species Act (published in recovery plans, Habitat Conservation affect a listed species or critical habitat, the Federal Register on July 1, 1994 (59 Plans (HCPs), or other species the consultation requirements of section FR 34271), the Information Quality Act conservation planning efforts if 7(a)(2) would apply, but even in the (section 515 of the Treasury and General information available at the time of event of a destruction or adverse Government Appropriations Act for these planning efforts calls for a modification finding, the landowner’s Fiscal Year 2001 (Pub. L. 106–554; H.R. different outcome. obligation is not to restore or recover the 5658), and our associated Information Methods species, but to implement reasonable Quality Guidelines provide criteria, and prudent alternatives to avoid establish procedures, and provide As required by section 4(b) of the Act, destruction or adverse modification of guidance to ensure that our decisions we used the best scientific and critical habitat. are based on the best scientific data commercial data available in For inclusion in a critical habitat available. They require our biologists, to determining areas that contain the designation, the habitat within the the extent consistent with the Act and features essential to the conservation of geographical area occupied by the with the use of the best scientific data the Pacific Coast WSP. We reviewed the species at the time it was listed must available, to use primary and original approach to the conservation of the contain physical and biological features sources of information as the basis for Pacific Coast WSP provided in the which are essential to the conservation recommendations to designate critical December 7, 1999, final critical habitat of the species and which may require habitat. designation for the Pacific Coast WSP special management considerations or When we determine which areas (64 FR 68507); the September 29, 2005, protection. Critical habitat designations should be designated as critical habitat, final revised critical habitat designation identify, to the extent known using the our primary source of information is (70 FR 56969); the Recovery Plan best scientific and commercial data generally the information developed (Service 2007); information from available, those physical and biological during the listing process for the Federal, State, and local government features that are essential to the species. Additional information sources agencies; and information from conservation of the species (such as may include the recovery plan for the academia and private organizations that space, food, cover, and protected species, articles in peer-reviewed collected scientific data on the species. habitat), focusing on the principal journals, conservation plans developed Other information used for this biological or physical constituent by States and counties, scientific status proposed revised critical habitat elements (primary constituent elements) surveys and studies, biological includes: Published and unpublished within an area that are essential to the assessments, or other unpublished papers, reports, academic theses, conservation of the species (such as materials and expert opinion or species and habitat surveys; Geographic roost sites, nesting grounds, seasonal personal knowledge. Information System (GIS) data (such as wetlands, water quality, tide, soil type). Habitat is often dynamic, and species species occurrence data, habitat data, Primary constituent elements are the may move from one area to another over land use, topography, digital aerial elements of physical and biological time. Furthermore, we recognize that photography, and ownership maps); features that, when laid out in the designation of critical habitat may not correspondence to the Service from appropriate quantity and spatial include all habitat areas that we may recognized experts; site visits by Service arrangement to provide for a species’ eventually determine are necessary for biologists; and other information as life-history processes, are essential to the recovery of the species. For these available. Mapping for this proposed the conservation of the species. reasons, a critical habitat designation revised critical habitat designation was Under the Act, we can designate does not signal that habitat outside the completed using ESRI ArcMap 9.3.1 critical habitat in areas outside the designated area is unimportant or may (ESRI, Inc. 2009). Specifically, the most geographical area occupied by the not promote the recovery of the species. recent National Agriculture Imagery species at the time it is listed, upon a Areas that are important to the Program images (2009 NAIP Imagery) determination that such areas are conservation of the species, both inside were used to delineate unit boundaries. essential for the conservation of the and outside the critical habitat The water’s edge comprises the species. We designate critical habitat in designation, will continue to be subject westernmost boundary of each proposed areas outside the geographical area to: (1) Conservation actions unit. Although the images were taken at occupied by a species only when a implemented under section 7(a)(1) of different tide levels, we believe these designation limited to its range would the Act, (2) regulatory protections images represent the best mapping be inadequate to ensure the afforded by the requirement in section information as beach and river habitats conservation of the species. When the 7(a)(2) of the Act for Federal agencies to change seasonally, and from year to best available scientific data do not insure their actions are not likely to year. In part, the dynamic nature of demonstrate that the conservation needs jeopardize the continued existence of beach and river habitats is one reason of the species require such additional any endangered or threatened species, for the differences in the size of past areas, we will not designate critical and (3) the prohibitions of section 9 of designated critical habitat units and habitat in areas outside the geographical the Act if actions occurring in these those units being proposed for area occupied by the species. An area areas may affect the species. Federally designation in this revised rule. currently occupied by the species but funded or permitted projects affecting Additionally, the unit boundaries were that was not occupied at the time of listed species outside their designated extended eastward in anticipation of listing may, however, be essential to the critical habitat areas may still result in sea-level rise expected as a result of conservation of the species and may be jeopardy findings in some cases. These climate change. We used widely included in the critical habitat protections and conservation tools will accepted models to help predict the designation. continue to contribute to recovery of amount of sea-level rise that is likely to

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occur (Baker et al. 2006; Overpeck et al. We derive the specific physical and WSPs may overwinter at locations 2006; Pfeffer et al. 2008; Fletcher 2009; biological features required for the where there is no current breeding, but Grinsted et al. 2009; Mitrovica et al. Pacific Coast WSP from studies of this which are historical breeding locations 2009; Vermeer and S. Rahmstorf 2009). species’ habitat, ecology, and life history (e.g., Dillon Beach, CA–9). Designating Biologists used Light Detection and as described below, in the Background wintering areas as critical habitat Ranging (LiDAR) data to help determine section in this proposed revised rule, in provides essential areas for overwinter the extent of potential habitat loss at the the final listing rule published in the survival, provides protections for water’s edge resulting from future sea- Federal Register on March 5, 1993 (58 historical nesting areas, and allows level rise. As a consequence, they then FR 12864), in the designation of critical connectivity between sites. Sandy extended the eastern unit boundary habitat published in the Federal beaches, dune systems immediately where appropriate to compensate for Register on September 29, 2005 (70 FR inland of an active beach face, salt flats, this future habitat degradation and loss. 56969), and in the 12-month finding on mud flats, seasonally exposed gravel Pacific Coast WSPs are expected to a petition to delist the Pacific Coast bars, salt ponds and adjoining levees, adjust their use of nesting habitat as sea WSP (71 FR 20607; April 21, 2006). On and dredge spoil sites are areas that level rises, provided that ample habitat the basis of the biological needs of the provide space for individual and is available at higher elevations. Pacific population, and on the relationship of population growth and for normal Coast WSPs have evolved to modify those needs to the population’s habitat, behavior. as indicated by the best scientific data their use of areas due to these areas Food, Water, Air, Light, Minerals, or available and summarized below, we being dynamic changing habitats and Other Nutritional or Physiological have determined that the Pacific Coast are, therefore, expected to use the Requirements inland areas which we propose be WSP requires the following physical restored to constitute habitat. and biological features: Pacific Coast WSPs typically forage in open areas by locating prey visually and Maps in this revised rule use Habitats That Are Representative of the then running to seize it with their beaks shoreline data derived from U.S. Historical Geographical and Ecological (Page et al. 1995, p. 12). They may also Geological Survey 7.5 minute series Distribution of the Species probe in the sand for burrowing digital raster graphics (DRGs). Although The Pacific Coast WSP typically invertebrates, or charge flying insects the DRGs may not represent the exact utilizes flat, open areas with sandy or that are resting on the ground, snapping location of the dynamic shoreline saline substrates; vegetation and at them as they flush. Accordingly they environment, they are considered to be driftwood are usually sparse or absent need open areas in which to forage, to the best vector mapping product for that (Stenzel et al. 1981, p. 18), such as facilitate both prey location and capture. purpose in common use, and are easily sandy beaches, dune systems, salt flats, Deposits of tide-cast wrack such as kelp referenced. As a result, the depicted mud flats, and dredge spoil sites. They or driftwood tend to attract certain shoreline on the maps may not also regularly nest on gravel bars along invertebrates, and so provide important correspond directly to the proposed the Eel River in northern California. Salt foraging sites for plovers (Page et al. critical habitat unit boundaries, which ponds in San Francisco Bay, and 1995, p. 12). Pacific Coast WSPs forage were digitized using 2009 NAIP elsewhere, have become important both above and below high tide, but not imagery. Reference information is habitat for the Pacific Coast WSP. These while those areas are underwater. available at: http://topomaps.usgs.gov/ _ areas provide space for individual and Foraging areas will, therefore, typically drg/drg overview.html, 7.5-minute DRG population growth and for normal be limited by water on their shoreward series, U.S. Geological Survey. behavior and may provide micro- side, and by dense vegetation or Physical and Biological Features topographic relief offering refuge from development on their landward sides. high winds and cold weather and sites These areas that are subject to In accordance with section 3(5)(A)(i) for nesting. inundation but not currently under and 4(b)(1)(A) of the Act and regulations water support essential small at 50 CFR 424.12, in determining which Space for Individual and Population invertebrate food sources such as crabs, areas within the geographical area Growth and for Normal Behavior worms, flies, beetles, spiders, sand occupied by the species at the time of Pacific Coast WSPs require space for hoppers, clams, and ostracods. listing to designate as critical habitat, foraging and establishment of nesting Pacific Coast WSPs use sites of we consider the physical and biological territories. These areas vary widely in freshwater for drinking where available, features essential to the conservation of size depending on habitat type, habitat but some historical nesting sites, the species and which may require availability, life-history stage and particularly in southern California, have special management considerations or activity. As stated in the Background no obvious nearby freshwater sources. protection. These include, but are not section above, males establish nesting Adults and chicks in those areas must limited to: territories that vary from about 0.25 to be assumed to obtain their necessary (1) Space for individual and 2.5 ac (0.1 to 1.0 ha) at interior sites water from the food they eat. population growth and for normal (Page et al. 1995, p.10) and 1.2 ac (0.5 Accordingly we have not included behavior; ha) in coastal salt pan habitat, with freshwater sites among the essential (2) Food, water, air, light, minerals, or beach territories perhaps larger features of habitat for the population. other nutritional or physiological (Warriner et al. 1986, p. 18). The birds requirements; forage in nonterritorial areas up to 5 mi Cover or Shelter (3) Cover or shelter; (8 km) from the nesting sites when not Pacific Coast WSPs and their eggs are (4) Sites for breeding, reproduction, incubating. Critical habitat must, well camouflaged against light-colored, and rearing (or development) of therefore, extend beyond nesting sandy, or pebbly backgrounds (Page et offspring; and territories to include space for foraging al. 1995, p. 12). Open areas with these (5) Habitats that are protected from during the nesting season, and space for substrates actually constitute shelter for disturbance or are representative of the overwintering, and to provide for purposes of nesting and foraging. Such historical, geographical, and ecological connectivity with other portions of the areas provide little cover to predators, distributions of a species. Pacific Coast WSPs range. Pacific Coast and allow plovers to fully utilize their

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

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and adjoining levees, and dredge spoil Water diversions reduce the transport also are proposing to designate specific sites, with: of sediments which contribute to areas outside the geographical area (1) Areas that are below heavily suitable nesting and foraging substrates. occupied by the species at the time of vegetated areas or developed areas and Stabilized dunes and watercourses listing because such areas are essential above the daily high tides, associated with urban development alter for the conservation of the species. We (2) Shoreline habitat areas for feeding, the dynamic processes of beach and have determined that limiting the with no or very sparse vegetation, that river systems, thereby reducing the open designation of critical habitat to those are between the annual low tide or low- nature of suitable habitat needed for areas that were considered occupied at water flow and annual high tide or high- predator detection. Human recreational the time of listing is no longer sufficient water flow, subject to inundation but activities disturb foraging or nesting to conserve the species because: not constantly under water, activities, or may attract and provide (1) There has been considerable loss (3) Surf- or water-deposited organic cover for approaching predators. The and degradation of habitat throughout debris located on open substrates, and use of OHVs has been documented to the species range since the time of (4) Minimal disturbance from the crush plover nests and strike plover listing; presence of humans, pets, vehicles, or adults. Beach raking or grooming can (2) We anticipate a further loss of human-attracted predators. remove wrack, reducing food resources habitat in the future due to sea-level rise The proposed critical habitat in this and cover, and contributing to beach resulting from climate change, and; revised proposed rule contains the erosion. Pets (leashed and unleashed) (3) The species needs habitat areas primary constituent elements in the can cause incubating adults to leave the that are arranged spatially in a way that appropriate quantity and spatial nest and establish trails in the sand that will maintain connectivity and allow arrangement essential to the can lead predators to the nest. dispersal within and between units. The amount and distribution of conservation of the Pacific Coast WSP, Nonnative vegetation reduces visibility critical habitat being proposed for and supports multiple life processes for plovers need to detect predators, and occupies otherwise suitable habitat. designation will allow populations of the species. Portions of some proposed Resource extraction can disturb Pacific Coast WSP to: critical habitat units may be currently incubating, brooding, or foraging (1) Maintain their existing degraded; however, these areas could be plovers. Fishing can disturb Pacific distribution; restored with special management, Coast WSPs and can attract predators by (2) Increase their distribution into thereby providing suitable habitat to the presence of fish offal and bait previously occupied areas (needed to offset habitat loss from anticipated sea- (Lafferty 2001, p. 2222; Dugan 2003, offset habitat loss and fragmentation); level rise resulting from climate change. p. 134; Schlacher et al. 2007, p. 557; (3) Move between areas depending on Additional areas are proposed as critical Service 2007, p. 33; Dugan and Hubbard resource and habitat availability habitat to allow a recovering Pacific 2010, p. 67). (response to changing nature of coastal Coast WSP population to occupy its For discussion of the threats to the beach habitat) and support genetic former range, and allow adjustment to Pacific Coast WSP and its habitat, please interchange; changing conditions (e.g., shifting sand see the Summary of Comments and (4) Increase the size of each dunes), expected sea-level rise, and Recommendations and Summary of population to a level where the threats human encroachment. Factors Affecting the Species sections of of genetic, demographic, and normal Special Management Considerations or the 12-Month Finding on the Petition to environmental uncertainties are Protection Delist the Pacific Coast WPS (71 FR diminished; and 20607, April 21, 2006), the final listing (5) Maintain their ability to withstand When designating critical habitat, we rule (58 FR 12864, March 5, 1993) and local or unit level environmental assess whether the physical and the Public Comments and Critical fluctuations or catastrophes. biological features within the Habitat Unit Descriptions sections of the All areas proposed for critical habitat geographical area occupied by the final critical habitat rule (70 FR 56970, designation are within the historical species at the time of listing that are September 29, 2005). Please also see range of the species. We have identified essential to the conservation of the Critical Habitat Units section below for areas to include in this proposed species may require special a discussion of the threats in each of the designation by applying Criteria 1 management considerations or proposed revised critical habitat units. through 6 below. In an effort to update protection. our 2005 final designation of critical All areas included in our proposed Criteria Used To Identify Critical habitat for the Pacific Coast WSP, we revision of critical habitat will require Habitat used the best available information on some level of management to address As required by section 4(b)(1)(A) of occupancy and habitat conditions of the current and future threats to the the Act, we use the best scientific and areas that were analyzed in 2005 and physical and biological features commercial data available to designate considered other areas throughout the essential to the conservation of the critical habitat. We review available species historical range to determine Pacific Coast WSP. Special management information pertaining to the habitat whether to add areas to or remove areas considerations or protection may be requirements of the species. In from this proposal to revise critical required to minimize habitat accordance with the Act and its habitat. destruction, degradation, and implementing regulation at 50 CFR We used the following criteria to fragmentation associated with the 424.12(e), we consider whether select appropriate units for this following threats, among others: Water designating additional areas—outside proposed revised rule: diversions, stabilized dunes and those currently occupied as well as (1) Areas throughout the range of the watercourses associated with urban those occupied at the time of listing— Pacific Coast WSP located to allow the development, human recreational are necessary to ensure the conservation species to move and expand: The activities, off-highway vehicle (OHV) of the species. We are proposing to dynamic nature of beach, dune, and use, beach raking, pets, nonnative designate critical habitat in areas within similar habitats necessitates that Pacific vegetation, resource extraction, and the geographical area occupied by the Coast WSPs move to adjust for changes fishing. species at the time of listing in 1993. We in habitat availability, food sources, and

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

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elements of physical and biological thus support the Pacific Coast WSP’s units and amount of acreage compared features to support life-history processes particular use of that habitat. to the designation in 2005. These essential to the conservation of the Summary of Changes From Previously changes are based on updated species. We are also proposing to Designated Critical Habitat information, changes to our criteria and designate lands outside of the methodologies for determining areas geographical area occupied at the time The areas identified in this proposed essential to the conservation of the of listing that we have determined are revised rule constitute a revision of the Pacific Coast WSP, or exclusions based areas designated as critical habitat for essential for the conservation of the on section 4(b)(2) of the Act. the Pacific Coast WSP on September 29, Pacific Coast WSP. Units are proposed 2005 (70 FR 56969). In the 2005 final A total of 39 new units and 16,116 ac for revised designation based on the rule, we designated approximately (6,522 ha) are being proposed that were presence of elements of physical and 12,145 ac (4,921 ha) of critical habitat in not designated in 2005. Of these, three biological features essential to the a total of 32 units within the States of (3) units in Washington are new or have conservation of the species, not all of Washington, Oregon, and California. new extensions; 8 units are new in which are present in each unit, but Refer to that final rule to compare Oregon; and 28 units are newly which are contained in levels that critical habitat designations in 2005 proposed in California. One (1) unit was support Pacific Coast WSP life-history with those being proposed here. Table 1 designated as critical habitat in 2005 processes. Some units contain all of the below outlines the changes in areas in (San Onofre Beach, then designated as identified elements of physical and each unit or subunit between the 2005 Unit CA 24), but is being exempted biological features and thus support final critical habitat rule and this under section 4(a)(3) of the Act and is multiple life-history processes. Some proposed revised critical habitat rule. not being proposed in this revised rule units contain only some elements of the This proposed revision contains (see Application of Section 4(a)(3) of the physical and biological features and significant changes to the number of Endangered Species Act section below).

TABLE 1—A COMPARISON OF THE AREAS (IN ACRES AND HECTARES) IDENTIFIED AS CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF THE PACIFIC COAST WSP IN THE 2005 FINAL CRITICAL HABITAT DESIGNATION AND THIS 2010 PROPOSED REVISED CRITICAL HABITAT DESIGNATION [Values in this table may not sum due to rounding]

2005 2010 Unit No. Unit name Acres Hectares Acres Hectares

Washington

WA 1 ...... Copalis Spit ...... 0 0 407 165 WA 2 ...... Damon Point ...... 908 367 673 272 WA 3A ...... Midway Beach ...... 786 318 697 282 WA 3B ...... Shoalwater/Graveyard ...... 0 0 1,121 454

WA Unit 3 Totals ...... 786 318 1,818 736

WA 4A ...... Ledbetter Spit ...... 832 337 2,463 997 WA 4B ...... Gunpowder Sands Island ...... 0 0 904 366

WA Unit 4 Totals ...... 832 337 3,367 1,363

WASHINGTON STATE TOTALS ...... 2,526 1,023 6,265 2,535

Oregon

OR 1 ...... Columbia River Spit ...... 0 0 169 69 OR 2 ...... Necanicum River Spit ...... 0 0 211 85 OR 3 ...... Nehalem River Spit ...... 0 0 299 121 OR 4 ...... Bayocean Spit ...... 207 83.5 367 148 OR 5 ...... Netarts Spit ...... 0 0 541 219 OR 6 ...... Sand Lake South ...... 0 0 200 81 OR 7 ...... Sutton/Baker Beaches ...... 260 105 372 151 OR 8A ...... Siltcoos Breach ...... 8 3 15 6 OR 8B ...... Siltcoos River Spit ...... 0 0 241 97 OR 8C ...... Dunes Overlook/Tahkenitch Creek Spit ...... 527 213 716 290 OR 8D ...... North Umpqua River Spit ...... 0 0 236 95

Unit OR–8 Totals ...... 535 217 1,208 489

OR 9 ...... Tenmile Creek Spit ...... 234.5 95 244 99 OR 10 ...... Coos Bay North Spit ...... 278 113 308 125 OR 11 ...... Bandon to New River ...... 632 256 1,016 411 OR 12 * ...... Elk River Spit ...... 0 0 167 68 OR 13 ...... Euchre Creek ...... 0 0 116 47

OREGON STATE TOTALS ...... 2,146.5 868.5 5,219 2,112

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TABLE 1—A COMPARISON OF THE AREAS (IN ACRES AND HECTARES) IDENTIFIED AS CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF THE PACIFIC COAST WSP IN THE 2005 FINAL CRITICAL HABITAT DESIGNATION AND THIS 2010 PROPOSED REVISED CRITICAL HABITAT DESIGNATION—Continued [Values in this table may not sum due to rounding]

2005 2010 Unit No. Unit name Acres Hectares Acres Hectares

California

CA 1 ...... Lake Earl ...... 57 24 74 30 CA 2 ...... Gold Bluffs Beach ...... 0 0 144 58 CA 3a ...... Humboldt Lagoons—Stone Lagoon ...... 0 0 52 21 CA 3b ...... Humboldt Lagoons—Big Lagoon ...... 280 113 212 86

Unit CA–3 Totals ...... 280 113 264 107

CA 4a ...... Clam Beach/Little River ...... 155 63 194 79 CA 4b ...... Mad River ...... 377 153 456 185

Unit CA–4 Totals ...... 532 215 650 263

CA 5a ...... Humboldt Bay South Spit ...... 375 152 419 170 CA 5b ...... Eel River North Spit/Beach ...... 283 114 259 105 CA 5c ...... Eel River South Spit/Beach ...... 402 163 339 137

Unit CA–5 Totals ...... 1,060 429 1,017 412

CA 6 ...... Eel River Gravel Bars ...... 1,193 483 1,139 461 CA 7 ...... MacKerricher Beach ...... 1,048 424 1,176 476 CA 8 ...... Manchester Beach ...... 341 138 482 195 CA 9 ...... Dillon Beach ...... 0 0 39 16 CA 10A ...... Pt Reyes ...... 462 187 460 186 CA 10B ...... Limantour ...... 124 50 156 63

Unit CA–10 Totals ...... 586 237 617 250

CA 11 ...... Napa ...... 0 0 618 250 CA 12 ...... Hayward ...... 0 0 1 0 CA 13A ...... Eden Landing ...... 0 0 237 96 CA 13B ...... Eden Landing ...... 0 0 171 69 CA 13C ...... Eden Landing ...... 0 0 609 246

Unit CA–13 Totals ...... 0 0 1,016 411

CA 14 ...... Ravenswood ...... 0 0 89 36 CA 15 ...... Warm Springs ...... 0 0 168 68 CA 16 ...... Half Moon Bay ...... 37 15 36 15 CA 17 ...... Waddell Creek Beach ...... 9 4 25 10 CA 18 ...... Scott Creek Beach ...... 19 8 23 9 CA 19 ...... Wilder Creek Beach ...... 10 4 15 6 CA 20 ...... Jetty Road to Aptos ...... 0 0 399 161 CA 21 ...... Elkhorn Slough Mudflats ...... 281 114 281 114 CA 22 ...... Monterey to Moss Landing ...... 0 0 967 391 CA 23 ...... Point Sur Beach ...... 61 25 72 29 CA 24 ...... San Carpoforo Creek ...... 0 0 24 10 CA 25 ...... Arroyo Laguna Creek ...... 0 0 28 11 CA 26 ...... San Simeon State Beach ...... 28 11 24 10 CA 27 ...... Villa Creek Beach ...... 17 7 20 8 CA 28 ...... Toro Creek ...... 0 0 34 14 CA 29 ...... Atascadero Beach/Morro Strand SB ...... 0 0 213 86 CA 30 ...... Morro Bay Beach ...... 0 0 1,076 435 CA 31 ...... Pismo Beach/Nipomo Dunes ...... 0 0 1,652 669 CA 32 ...... Vandenberg North ...... 0 0 711 288 CA 33 ...... Vandenberg South ...... 0 0 423 171 CA 34 ...... Devereaux Beach ...... 36 15 52 21 CA 35 ...... Santa Barbara Beaches ...... 0 0 65 26 CA 36 ...... Santa Rosa Island Beaches ...... 0 0 586 237 CA 37 ...... San Buenaventura Beach ...... 0 0 70 28 CA 38 ...... Mandalay to Santa Clara River ...... 350 142 672 272 CA 39 ...... Ormond Beach ...... 175 71 320 130 CA 40 ...... Mugu Lagoon South ...... 87 35 0 0 CA 43 ...... Zuma Beach ...... 68 28 73 30 CA 44 ...... Malibu Beach ...... 0 0 13 5 CA 45A ...... Santa Monica Beach ...... 25 10 48 19

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TABLE 1—A COMPARISON OF THE AREAS (IN ACRES AND HECTARES) IDENTIFIED AS CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF THE PACIFIC COAST WSP IN THE 2005 FINAL CRITICAL HABITAT DESIGNATION AND THIS 2010 PROPOSED REVISED CRITICAL HABITAT DESIGNATION—Continued [Values in this table may not sum due to rounding]

2005 2010 Unit No. Unit name Acres Hectares Acres Hectares

CA 45B ...... Dockweiler North ...... 43 17 34 14 CA 45C ...... Dockweiler South ...... 24 10 65 26 CA 45D ...... Hermosa State Beach ...... 10 4 27 11

Unit CA–45 Totals ...... 102 41 173 70

CA 46A ...... Bolsa Chica Reserve ...... 591 239 484 196 CA 46B ...... Bolsa Chica Reserve ...... 0 0 2 1 CA 46C ...... Bolsa Chica Reserve ...... 0 0 21 9 CA 46D ...... Bolsa Chica Reserve ...... 0 0 3 1 CA 46E ...... Bolsa Chica State Beach ...... 4 2 8 3

Unit CA–46 Totals ...... 595 241 518 210

CA 47 ...... Santa Ana River Mouth ...... 13 5 19 8 CA 48 ...... Balboa Beach ...... 0 0 25 10 San Onofre Beach (Unit CA–24 in 2005) ...... 49 20 0 0 CA 50A ...... Batiquitos Lagoon ...... 21 9 24 10 CA 50B ...... Batiquitos Lagoon ...... 23 9 23 9 CA 50C ...... Batiquitos Lagoon ...... 21 8 19 8

Unit CA–50 Totals ...... 65 26 66 27

CA 51A ...... San Elijo Lagoon Ecological Reserve ...... 0 0 3 1 CA 51B ...... San Elijo Lagoon Ecological Reserve ...... 0 0 5 2 CA 51C ...... San Elijo Lagoon Ecological Reserve ...... 0 0 7 3

Unit CA–51 Totals ...... 0 0 15 6

CA 52A ...... San Dieguito Lagoon ...... 0 0 4 2 CA 52B ...... San Dieguito Lagoon ...... 0 0 3 1 CA 52C ...... San Dieguito Lagoon ...... 0 0 4 2

Unit CA–52 Totals ...... 0 0 11 5

CA 53 ...... Los Penasquitos Lagoon ...... 24 10 32 13 CA 54A ...... Fiesta Island ...... 0 0 2 1 CA 54B ...... Mariner’s Point ...... 0 0 7 3 CA 54C ...... South Mission Beach ...... 0 0 38 15 CA 54D ...... San Diego River Channel ...... 0 0 51 21

Unit CA–54 Totals ...... 0 0 98 39

CA 55B ...... Coronado Beach ...... 44 18 74 30 CA 55E ...... Sweetwater Marsh National Wildlife Refuge 128 52 132 53 and D Street Fill. CA 55F ...... Silver Strand State Beach ...... 0 0 82 33 CA 55G ...... Chula Vista Wildlife Reserve ...... 0 0 10 4 CA 55I...... San Diego National Wildlife Refuge, South 0 0 5 2 Bay Unit. CA 55J ...... Tijuana Estuary and Beach ...... 182 73 150 61

Unit CA–55 Totals ...... 354 143 453 183

CALIFORNIA TOTALS ...... 7,477 3,029 16,777 6,789

WASHINGTON, OREGON, CALI- ...... 12,145 4,921 28,261 11,437 FORNIA GRAND TOTALS.

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

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the listing and critical habitat for the critical habitat for the species, the costs for the Pacific Coast WSP: 6,265 ac Pacific Coast WSP. We now analyze of which are solely attributable to the (2,535 ha) in 4 units in Washington; economic impacts of proposed critical designation of critical habitat, above and 5,219 ac (2,112 ha) in 13 units in habitat designations by comparing beyond the baseline costs. Incremental Oregon; and 16,777 ac (6,789 ha) in 51 scenarios both ‘‘with critical habitat’’ impacts are the costs we now consider units in California. The critical habitat and ‘‘without critical habitat.’’ The in the final designation of critical areas described below constitute our ‘‘without critical habitat’’ scenario habitat when evaluating the benefits of current assessment of areas that meet represents the baseline for the analysis, excluding particular areas under section the definition of critical habitat for the considering protections already in place 4(b)(2) of the Act. We are currently in Pacific Coast WSP. Table 2 shows the the process of conducting a new for the species (e.g., under the Federal occupied units. The approximate area economic analysis on this proposed listing and other Federal, State, and and ownership of each proposed revised designation (see Economic Impacts local regulations), and representing the critical habitat unit is shown in Table 3. section below). costs incurred regardless of whether These units, if finalized, will replace the critical habitat is designated. The ‘‘with Proposed Revised Critical Habitat current critical habitat designation for critical habitat’’ scenario describes the Designation the Pacific Coast WSP in 50 CFR 17.95. incremental impacts associated We are proposing 28,261 ac (11,437 specifically with the designation of ha) in 68 units as revised critical habitat

TABLE 2—OCCUPANCY OF PACIFIC COAST WSP BY PROPOSED REVISED CRITICAL HABITAT UNITS

Unit Name Occupied at time of listing? Currently occupied

WA 1 ...... Copalis Spit ...... No ...... No. WA 2 ...... Damon Point ...... Yes ...... Yes. WA 3A ...... Midway Beach ...... Yes ...... Yes. WA 3B * ...... Shoalwater/Graveyard ...... Yes ...... Yes. WA 4A ...... Leadbetter Spit ...... Yes ...... Yes. WA 4B ...... Gunpowder Sands Island ...... Yes ...... No. OR 1 ...... Columbia River Spit ...... No ...... No. OR 2 ...... Necanicum River Spit ...... No ...... No. OR 3 ...... Nehalem River Spit ...... No ...... Yes. OR 4 ...... Bayocean Spit ...... Yes ...... Yes. OR 5 ...... Netarts Spit ...... No ...... No. OR 6 ...... Sand Lake South ...... No ...... No. OR 7 ...... Sutton/Baker Beaches ...... Yes ...... Yes. OR 8A ...... Siltcoos Breach ...... Yes ...... Yes. OR 8B ...... Siltcoos River Spit ...... Yes ...... Yes. OR 8C ...... Dunes Overlook/Tahkenitch Creek Spit ...... Yes ...... Yes. OR 8D ...... North Umpqua River Spit ...... No ...... No. OR 9 ...... Tenmile Creek Spit ...... Yes ...... Yes. OR 10 ...... Coos Bay North Spit ...... Yes ...... Yes. OR 11 ...... Bandon to New River ...... Yes ...... Yes. OR 12 * ...... Elk River Spit ...... No ...... No. OR 13 ...... Euchre Creek ...... No ...... No. CA 1 ...... Lake Earl ...... Yes ...... Yes. CA 2 ...... Gold Bluffs Beach ...... Yes ...... Yes. CA 3a ...... Humboldt Lagoons—Stone Lagoon ...... Yes ...... Yes. CA 3b ...... Humboldt Lagoons—Big Lagoon ...... Yes ...... Yes. CA 4a ...... Clam Beach/Little River ...... Yes ...... Yes. CA 4b ...... Mad River ...... Yes ...... Yes. CA 5a ...... Humboldt Bay South Spit ...... Yes ...... Yes. CA 5b ...... Eel River North Spit/Beach ...... Yes ...... Yes. CA 5c ...... Eel River South Spit/Beach ...... Yes ...... Yes. CA 6 ...... Eel River Gravel Bars ...... Yes ...... Yes. CA 7 ...... MacKerricher Beach ...... Yes ...... Yes. CA 8 ...... Manchester Beach ...... No ...... Yes. CA 9 ...... Dillon Beach ...... Yes ...... Yes. CA 10A ...... Pt Reyes ...... Yes ...... Yes. CA 10B ...... Limantour ...... Yes ...... Yes. CA 11 ...... Napa ...... Yes ...... Yes. CA 12 ...... Hayward ...... Yes ...... Yes. CA 13A ...... Yes ...... Yes.

CA 13B ...... Eden Landing ...... Yes ...... Yes.

CA 13C ...... Yes ...... Yes. CA 14 ...... Ravenswood ...... Yes ...... Yes. CA 15 ...... Warm Springs ...... Yes ...... Yes. CA 16 ...... Half Moon Bay ...... Yes ...... Yes. CA 17 ...... Waddell Creek Beach ...... Yes ...... No. CA 18 ...... Scott Creek Beach ...... Yes ...... Yes. CA 19 ...... Wilder Creek Beach ...... Yes ...... Yes. CA 20 ...... Jetty Road to Aptos ...... Yes ...... Yes. CA 21 ...... Elkhorn Slough Mudflats ...... Yes ...... Yes.

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TABLE 2—OCCUPANCY OF PACIFIC COAST WSP BY PROPOSED REVISED CRITICAL HABITAT UNITS—Continued

Unit Name Occupied at time of listing? Currently occupied

CA 22 ...... Monterey to Moss Landing ...... Yes ...... Yes. CA 23 ...... Point Sur Beach ...... Yes ...... Yes. CA 24 ...... San Carpoforo Creek ...... Yes ...... Yes. CA 25 ...... Arroyo Laguna Creek ...... Yes ...... Yes. CA 26 ...... San Simeon State Beach ...... Yes ...... Yes. CA 27 ...... Villa Creek Beach ...... Yes ...... Yes. CA 28 ...... Toro Creek ...... Yes ...... Yes. CA 29 ...... Atascadero Beach/Morro Strand SB ...... Yes ...... Yes. CA 30 ...... Morro Bay Beach ...... Yes ...... Yes. CA 31 ...... Pismo Beach/Nipomo Dunes ...... Yes ...... Yes. CA 32 ...... Vandenberg North ...... Yes ...... Yes. CA 33 ...... Vandenberg South ...... Yes ...... Yes. CA 34 ...... Devereaux Beach ...... Yes ...... Yes. CA 35 ...... Santa Barbara Beaches ...... Yes ...... Yes. CA 36 ...... Santa Rosa Island Beaches ...... Yes ...... Yes. CA 37 ...... San Buenaventura Beach ...... Yes ...... Yes. CA 38 ...... Mandalay to Santa Clara River ...... Yes ...... Yes. CA 39 ...... Ormond Beach ...... Yes ...... Yes. CA 43 ...... Zuma Beach ...... Yes ...... Yes. CA 44 ...... Malibu Beach ...... Yes ...... Yes. CA 45A ...... Santa Monica Beach ...... Yes ...... Yes. CA 45B ...... Dockweiler North ...... Yes ...... Yes. CA 45C ...... Dockweiler South ...... Yes ...... Yes. CA 45D ...... Hermosa State Beach ...... Yes ...... Yes. CA 46A ...... Yes ...... Yes.

CA 46B ...... Bolsa Chica Reserve ...... Yes ...... Yes.

CA 46C ...... Yes ...... Yes.

CA 46D ...... Yes ...... Yes. CA 46E ...... Bolsa Chica State Beach ...... Yes ...... Yes. CA 47 ...... Santa Ana River Mouth ...... No ...... No. CA 48 ...... Balboa Beach ...... Yes ...... Yes. CA 50A ...... Yes ...... Yes.

CA 50B ...... Batiquitos Lagoon ...... Yes ...... Yes.

CA 50C ...... Yes ...... Yes. CA 51A ...... Yes ...... Yes.

CA 51B ...... San Elijo Lagoon Ecological Reserve ...... Yes ...... Yes.

CA 51C ...... Yes ...... Yes. CA 52A ...... Yes ...... Yes.

CA 52B ...... San Dieguito Lagoon ...... Yes ...... Yes.

CA 52C ...... Yes ...... Yes. CA 53 ...... Los Penasquitos Lagoon ...... Yes ...... Yes. CA 54A ...... Fiesta Island ...... Yes ...... No. CA 54B ...... Mariner’s Point ...... Yes ...... Yes. CA 54C ...... South Mission Beach ...... Yes ...... Yes. CA 54D ...... San Diego River Channel ...... Yes ...... Yes. CA 55B ...... Coronado Beach ...... Yes ...... Yes. CA 55E ...... Sweetwater Marsh National Wildlife Refuge ...... Yes ...... Yes. CA 55F ...... Silver Strand State Beach ...... Yes ...... Yes. CA 55G ...... Chula Vista Wildlife Reserve ...... Yes ...... No. CA 55I ...... San Diego National Wildlife Refuge, South Bay Unit ...... Yes ...... Yes. CA 55J ...... Tijuana Estuary and Beach ...... Yes ...... Yes. * Unit or portions of unit may be considered for exclusion in the final critical habitat rule under section 4(b)(2) of the Act.

TABLE 3—PROPOSED REVISED CRITICAL HABITAT FOR THE PACIFIC COAST WSP SHOWING FEDERAL, STATE, TRIBAL, AND OTHER (PRIVATE AND LOCAL GOVERNMENT) LAND OWNERSHIP

Total Federal Tribal State Other Unit No. Unit name ac ha ac ha ac ha ac ha ac ha

Washington

WA 1 ...... Copalis Spit ...... 407 165 0 0 0 0 407 165 0 0 WA 2 ...... Damon Point ...... 673 272 0 0 0 0 648 262 25 10

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TABLE 3—PROPOSED REVISED CRITICAL HABITAT FOR THE PACIFIC COAST WSP SHOWING FEDERAL, STATE, TRIBAL, AND OTHER (PRIVATE AND LOCAL GOVERNMENT) LAND OWNERSHIP—Continued

Total Federal Tribal State Other Unit No. Unit name ac ha ac ha ac ha ac ha ac ha

WA 3A...... Midway Beach...... 697 282 0 0 0 0 697 282 0 0 WA 3B*...... Shoalwater/Graveyard ...... 1,121 454 0 0 336 136 505 204 280 113

Unit WA–3 Totals ...... 1,818 735 0 0 336 136 1,202 486 280 113

WA 4A ...... Leadbetter Spit ...... 2,463 997 2,026 820 0 0 437 177 0 0 WA 4B ...... Gunpowder Sands Island ...... 904 366 904 366 0 0 0 0 0 0

Unit WA–4 Totals ...... 3,367 1,363 2,930 1,186 0 0 437 177 0 0

WASHINGTON STATE TOTALS ...... 6,265 2,535 2,930 1,186 336 136 2,694 1,090 305 123

Oregon

OR 1 ...... Columbia River Spit ...... 169 69 169 69 0 0 0 0 0 0 OR 2 ...... Necanicum River Spit ...... 211 85 0 0 0 0 161 65 50 20 OR 3 ...... Nehalem River Spit ...... 299 121 0 0 0 0 299 121 0 0 OR 4 ...... Bayocean Spit ...... 367 148 279 113 0 0 0 0 88 36 OR 5 ...... Netarts Spit ...... 541 219 0 0 0 0 541 219 0 0 OR 6 ...... Sand Lake South ...... 200 81 0 0 0 0 0 0 200 81 OR 7 ...... Sutton/Baker Beaches ...... 372 151 372 151 0 0 0 0 0 0 OR 8A ...... Siltcoos Breach ...... 15 6 15 6 0 0 0 0 0 0 OR 8B ...... Siltcoos River Spit ...... 241 97 241 97 0 0 0 0 0 0 OR 8C ...... Dunes Overlook/Tahkenitch 716 290 716 290 0 0 0 0 0 0 Creek Spit. OR 8D ...... North Umpqua River Spit ...... 236 95 151 61 0 0 85 34 0 0

Unit OR–8 Totals ...... 1,208 489 1,123 454 0 0 85 34 0 0

OR 9 ...... Tenmile Creek Spit ...... 244 99 244 99 0 0 0 0 0 0 OR 10 ...... Coos Bay North Spit ...... 308 125 308 125 0 0 0 0 0 0 OR 11 ...... Bandon to New River ...... 1,016 411 459 186 0 0 267 108 290 117 OR 12* ...... Elk River Spit ...... 167 68 0 0 0 0 0 0 167 68 OR 13 ...... Euchre Creek ...... 116 47 0 0 0 0 0 0 116 47

OREGON STATE TOTALS ...... 5,219 2,112 2,955 1,196 0 0 1,353 547 911 369

California

CA 1 ...... Lake Earl ...... 74 30 0 0 0 0 22 9 52 21 CA 2 ...... Gold Bluffs Beach ...... 144 58 0 0 0 0 144 58 0 0 CA 3A...... Humboldt Lagoons—Stone La- 52 21 0 0 0 0 52 21 0 0 goon. CA 3B ...... Humboldt Lagoons—Big Lagoon 212 86 0 0 0 0 174 70 38 15

Unit CA–3 Totals ...... 264 107 0 0 0 0 226 92 38 15

CA 4A ...... Clam Beach/Little River ...... 194 79 0 0 0 0 79 32 115 47 CA 4B ...... Mad River ...... 456 185 0 0 0 0 152 62 304 123

Unit CA–4 Totals ...... 650 263 0 0 0 0 231 93 419 170

CA 5A ...... Humboldt Bay South Spit ...... 419 170 20 8 0 0 383 155 16 7 CA 5B ...... Eel River North Spit/Beach ...... 259 105 0 0 0 0 252 102 7 3 CA 5C ...... Eel River South Spit/Beach ...... 339 137 0 0 0 0 317 128 22 9

Unit CA–5 Totals ...... 1,017 412 20 8 0 0 952 385 45 18

CA 6 ...... Eel River Gravel Bars ...... 1,139 461 0 0 0 0 82 33 1,057 428 CA 7 ...... MacKerricher Beach ...... 1,176 476 0 0 0 0 1,102 446 74 30 CA 8 ...... Manchester Beach ...... 482 195 68 28 0 0 402 163 12 5 CA 9 ...... Dillon Beach ...... 39 16 0 0 0 0 0 0 39 16 CA 10A ...... Pt Reyes ...... 460 186 460 186 0 0 0 0 0 0 CA 10B...... Limantour ...... 156 63 156 63 0. 0 0 0 0 0

Unit CA–10 Totals...... 617 250 617 250 0 0 0 0 0 0

CA 11...... Napa ...... 618 250 0 0 0 0 618 250 0 0 CA 12...... Hayward ...... 1 0 0 0 0 0 0 0 1 0 CA 13A ...... Eden Landing ...... 237 96 0 0 0 0 228 92 8 3 CA 13B ...... Eden Landing ...... 171 69 0 0 0 0 171 69 0 0 CA 13C ...... Eden Landing ...... 609 247 0 0 0 0 602 244 7 3

Unit CA–13 Totals ...... 1,016 411 0 0 0 0 1,001 405 15 6

CA 14...... Ravenswood ...... 89 36 0 0 0 0 0 0 89 36 CA 15 ...... Warm Springs ...... 168 68 168 68 0 0 0 0 0 0 CA 16 ...... Half Moon Bay ...... 36 15 0 0 0 0 36 15 0 0 CA 17 ...... Waddell Creek Beach ...... 25 10 0 0 0 0 19 8 7 3

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TABLE 3—PROPOSED REVISED CRITICAL HABITAT FOR THE PACIFIC COAST WSP SHOWING FEDERAL, STATE, TRIBAL, AND OTHER (PRIVATE AND LOCAL GOVERNMENT) LAND OWNERSHIP—Continued

Total Federal Tribal State Other Unit No. Unit name ac ha ac ha ac ha ac ha ac ha

CA 18 ...... Scott Creek Beach ...... 23 9 0 0 0 0 15 6 8 3 CA 19 ...... Wilder Creek Beach ...... 15 6 0 0 0 0 15 6 0 0 CA 20 ...... Jetty Road to Aptos ...... 399 161 0 0 0 0 369 149 30 12 CA 21 ...... Elkhorn Slough Mudflats ...... 281 114 0 0 0 0 281 114 0 0 CA 22 ...... Monterey to Moss Landing ...... 967 391 423 171 0 0 285 115 260 105 CA 23 ...... Point Sur Beach ...... 72 29 0 0 0 0 38 15 34 14 CA 24 ...... San Carpoforo Creek ...... 24 10 4 2 0 0 18 7 3 1 CA 25 ...... Arroyo Laguna Creek ...... 28 11 0 0 0 0 18 7 10 4 CA 26 ...... San Simeon State Beach ...... 24 10 0 0 0 0 24 10 0 0 CA 27 ...... Villa Creek Beach ...... 20 8 0 0 0 0 20 8 0 0 CA 28 ...... Toro Creek ...... 34 14 0 0 0 0 11 4 23 9 CA 29 ...... Atascadero Beach/Morro Strand 213 86 0 0 0 0 65 26 149 60 SB. CA 30 ...... Morro Bay Beach ...... 1,076 435 0 0 0 0 948 384 129 52 CA 31 ...... Pismo Beach/Nipomo Dunes ..... 1,652 669 242 98 0 0 552 223 858 347 CA 32 ...... Vandenberg North ...... 711 288 711 288 0 0 0 0 0 0 CA 33 ...... Vandenberg South ...... 423 171 373 151 0 0 0 0 50 20 CA 34 ...... Devereaux Beach ...... 52 21 0 0 0 0 43 17 9 4 CA 35 ...... Santa Barbara Beaches ...... 65 26 0 0 0 0 30 12 35 14 CA 36 ...... Santa Rosa Island Beaches ...... 586 237 586 237 0 0 0 0 0 0 CA 37 ...... San Buenaventura Beach ...... 70 28 0 0 0 0 70 28 0 0 CA 38 ...... Mandalay to Santa Clara River .. 672 272 0 0 0 0 459 186 213 86 CA 39 ...... Ormond Beach ...... 320 130 0 0 0 0 159 65 161 65 CA 43 ...... Zuma Beach ...... 73 30 0 0 0 0 1 1 72 29 CA 44 ...... Malibu Beach ...... 13 5 0 0 0 0 13 5 0 0 CA 45A ...... Santa Monica Beach ...... 48 19 0 0 0 0 29 12 19 8 CA 45B ...... Dockweiler North ...... 34 14 0 0 0 0 34 14 0 0 CA 45C...... Dockweiler South...... 65 26 0 0 0 0 54 22 11 4 CA 45D ...... Hermosa State Beach ...... 27 11 0 0 0 0 8 3 19 8

Unit CA–45 Totals...... 173 70 0 0 0 0 124 50 496 20

CA 46A ...... Bolsa Chica Reserve ...... 484 196 0 0 0 0 484 196 0 0 CA 46B...... Bolsa Chica Reserve...... 2 1 0 0 0 0 2 1 0 0 CA 46C ...... Bolsa Chica Reserve ...... 21 9 0 0 0 0 21 9 0 0 CA 46D...... Bolsa Chica Reserve...... 3 1 0 0 0 0 3 1 0 0 CA 46E ...... Bolsa Chica State Beach ...... 8 3 0 0 0 0 8 3 0 0

Unit CA–46 Totals ...... 518 210 0 0 0 0 8 3 510 205

CA 47 ...... Santa Ana River Mouth ...... 19 8 0 0 0 0 18 7 1 1 CA 48 ...... Balboa Beach ...... 25 10 0 0 0 0 0 0 25 10 CA 50A ...... Batiquitos Lagoon ...... 24 10 0 0 0 0 18 7 6 3 CA 50B ...... Batiquitos Lagoon ...... 23 9 0 0 0 0 15 6 8 3 CA 50C...... Batiquitos Lagoon...... 19 8 0 0 0 0 0 0 19 8

Unit CA–50 Totals ...... 66 27 0 0 0 0 32 13 33 14

CA 51A ...... San Elijo Lagoon Ecological Re- 3 1 0 0 0 0 3 1 0 0 serve. CA 51B ...... San Elijo Lagoon Ecological Re- 5 2 0 0 0 0 1 0 4 2 serve. CA 51C ...... San Elijo Lagoon Ecological Re- 7 3 0 0 0 0 7 3 0 0 serve.

Unit CA–51 Totals ...... 15 6 0 0 0 0 11 4 4 2

CA 52A...... San Dieguito Lagoon...... 4 2 0 0 0 0 0 0 4 2 CA 52B...... San Dieguito Lagoon...... 3 1 0 0 0 0 0 0 3 1 CA 52C ...... San Dieguito Lagoon ...... 4 1 0 0 0 0 4 2 0 0

Unit CA–52 Totals...... 11 5 0 0 0 0 4 2 7 3

CA 53 ...... Los Penasquitos Lagoon ...... 32 13 0 0 0 0 32 13 1 0 CA 54A...... Fiesta Island...... 2 1 0 0 0 0 1 1 1 0 CA 54B...... Mariner’s Point...... 7 3 0 0 0 0 1 0 6 2 CA 54C ...... South Mission Beach ...... 38 15 0 0 0 0 8 3 30 12 CA 54D ...... San Diego River Channel ...... 51 21 0 0 0 0 38 15 13 5

Unit CA–54 Totals ...... 98 40 0 0 0 0 48 19 50 20

CA 55B ...... Coronado Beach ...... 74 30 0 0 0 0 74 30 0 0 CA 55E...... Sweetwater Marsh National 132 54 77 31 0 0 1 0 54 22 Wildlife Refuge and D Street Fill. CA 55F ...... Silver Strand State Beach ...... 82 33 74 30 0 0 8 3 0 0 CA 55G ...... Chula Vista Wildlife Reserve ...... 10 4 0 0 0 0 10 4 0 0 CA 55I ...... San Diego National Wildlife Ref- 5 2 0 0 0 0 0 0 5 2 uge, South Bay Unit.

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TABLE 3—PROPOSED REVISED CRITICAL HABITAT FOR THE PACIFIC COAST WSP SHOWING FEDERAL, STATE, TRIBAL, AND OTHER (PRIVATE AND LOCAL GOVERNMENT) LAND OWNERSHIP—Continued

Total Federal Tribal State Other Unit No. Unit name ac ha ac ha ac ha ac ha ac ha

CA 55J ...... Tijuana Estuary and Beach ...... 150 61 71 29 0 0 58 23 21 9

Unit CA–55 Totals (does not include exempt sub- 453 183 222 90 0 0 151 61 81 33 units).

CALIFORNIA TOTALS...... 16,777 6,789 3,434 1,390 0 0 8,693 3,518 4,650 1,882

WASHINGTON, OREGON, CALIFORNIA 28,261 11,437 9,040 3,658 336 136 12,740 5,156 6,145 2,487 GRAND TOTALS. * Unit or portions of unit may be considered for exclusion in the final critical habitat rule under section 4(b)(2) of the Act. Values in this table may not sum due to rounding.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Coast WSP states that this location jeopardize the continued existence of When we issue a biological opinion contributes significantly to the any endangered species or threatened concluding that a project is likely to conservation goal for the region by species or result in the destruction or jeopardize the continued existence of a providing a management potential of 30 adverse modification of designated listed species and/or destroy or breeding birds (Service 2007, Appendix critical habitat of such species. In adversely modify critical habitat, we B). addition, section 7(a)(4) of the Act provide reasonable and prudent The subunit contains the physical and requires Federal agencies to confer with alternatives to the project, if any are biological features essential to the the Service on any agency action which identifiable, that would avoid the conservation of the species, including is likely to jeopardize the continued likelihood of jeopardy and/or sparsely vegetated areas on artificial salt existence of any species proposed to be destruction or adverse modification of flats and adjoining dikes, as well as listed under the Act or result in the critical habitat. We define ‘‘reasonable tidally influenced estuarine mud flats destruction or adverse modification of and prudent alternatives’’ (at 50 CFR with tide-cast organic debris supporting proposed critical habitat. 402.02) as alternative actions identified small invertebrates for foraging. Decisions by the 5th and 9th Circuit during consultation that: The physical and biological features Courts of Appeals have invalidated our (1) Can be implemented in a manner essential to the conservation of the regulatory definition of ‘‘destruction or consistent with the intended purpose of species in this subunit may require adverse modification’’ (50 CFR 402.02) the action; special management considerations or (see Gifford Pinchot Task Force v. U.S. (2) Can be implemented consistent protection to address threats from egg Fish and Wildlife Service, 378 F. 3d with the scope of the Federal agency’s and chick predation. 1059 (9th Cir. 2004) and Sierra Club v. legal authority and jurisdiction; CA 55J, Tijuana Estuary and Border U.S. Fish and Wildlife Service et al., 245 (3) Are economically and Field State Park, 150 ac (61 ha): F.3d 434, 442 (5th Cir. 2001)), and we technologically feasible; and This subunit is located in the City of do not rely on this regulatory definition (4) Would, in the Director’s opinion, Imperial Beach in San Diego County. when analyzing whether an action is avoid the likelihood of jeopardizing the This subunit stretches roughly 2 mi (3.2 likely to destroy or adversely modify continued existence of the listed species km) from the end of Seacoast Drive to critical habitat. Under the statutory and/or avoid the likelihood of the U.S./Mexico border, extending provisions of the Act, we determine destroying or adversely modifying across both the Tijuana Slough National destruction or adverse modification on critical habitat. Wildlife Refuge and Border Field State the basis of whether, with Reasonable and prudent alternatives Park. This unit was occupied at the time implementation of the proposed Federal can vary from slight project of listing and is currently occupied and action, the affected critical habitat modifications to extensive redesign or supported at least 10 adult breeding would continue to serve its intended relocation of the project. Costs Pacific Coast WSPs in 2009 (B. Collins, conservation role for the species. associated with implementing a in litt. 2010), and 19 breeding adults in If a Federal action may affect a listed reasonable and prudent alternative are 2010 (Ryan, in litt. 2010). This location species or its critical habitat, the similarly variable. Regulations at 50 CFR 402.16 require also supported an average wintering responsible Federal agency (action Federal agencies to reinitiate flock of 54 Pacific Coast WSPs from agency) must enter into consultation consultation on previously reviewed 2003 to 2010 (Service unpublished with us. Examples of actions that are actions in instances where we have data). The Recovery Plan for the Pacific subject to the section 7 consultation listed a new species or subsequently Coast WSP states that this location process are actions on State, Tribal, designated critical habitat that may be contributes significantly to the local, or private lands that require a affected and the Federal agency has conservation goal for the region by Federal permit (such as a permit from retained discretionary involvement or providing a management potential of 40 the U.S. Army Corps of Engineers under control over the action (or the agency’s breeding birds (Service 2007, Appendix section 404 of the Clean Water Act (33 discretionary involvement or control is B). U.S.C. 1251 et seq.) or a permit from the authorized by law). Consequently, This subunit contains the physical Service under section 10 of the Act) or Federal agencies sometimes may need to and biological features essential to the that involve some other Federal action request reinitiation of consultation with conservation of the species, including a (such as funding from the Federal us on actions for which formal wide sandy beach with occasional surf- Highway Administration, Federal consultation has been completed, if cast wrack supporting small Aviation Administration, or the Federal those actions with discretionary invertebrates, as well as tidally Emergency Management Agency). involvement or control may affect influenced estuarine mud flats with Federal actions not affecting listed subsequently listed species or tide-cast organic debris supporting species or critical habitat, and actions designated critical habitat. small invertebrates for foraging. on State, Tribal, local, or private lands The physical and biological features that are not Federally funded or Application of the ‘‘Adverse essential to the conservation of the authorized, do not require section 7 Modification’’ Standard species in this subunit may require consultation. As a result of section 7 consultation, The key factor related to the adverse special management considerations or we document compliance with the modification determination is whether, protection to address threats from requirements of section 7(a)(2) through with implementation of the proposed human recreational disturbance and our issuance of: Federal action, the affected critical predation of chicks and eggs. (1) A concurrence letter for Federal habitat would continue to serve its Effects of Critical Habitat Designation actions that may affect, but are not intended conservation role for the likely to adversely affect, listed species species. Activities that may destroy or Section 7 Consultation or critical habitat; or adversely modify critical habitat are Section 7(a)(2) of the Act requires (2) A biological opinion for Federal those that alter the physical and Federal agencies, including the Service, actions that may affect, or are likely to biological features to an extent that to ensure that any action they fund, adversely affect, listed species or critical appreciably reduces the conservation authorize, or carry out is not likely to habitat. value of critical habitat for Pacific Coast

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WSP. As discussed above, the role of (1) An assessment of the ecological approximately 4,490 ac (1,817 ha) of critical habitat is to support life-history needs on the installation, including the land on the coast of southern California, needs of the species and provide for the need to provide for the conservation of Ventura County. Currently, the conservation of the species. listed species; installation is used for target drone Section 4(b)(8) of the Act requires us (2) A statement of goals and priorities; launches, aircraft operations, beach to briefly evaluate and describe, in any (3) A detailed description of missile launch operations, maintenance proposed or final regulation that management actions to be implemented of the roads and perimeter fence, designates critical habitat, activities to provide for these ecological needs; utilities maintenance, pest management, involving a Federal action that may and recreation, and natural resource destroy or adversely modify such (4) A monitoring and adaptive management. habitat, or that may be affected by such management plan. The NBVC, Point Mugu INRMP is a Among other things, each INRMP designation. planning document that guides the must, to the extent appropriate and Activities that may affect critical management and conservation of applicable, provide for fish and wildlife habitat, when carried out, funded, or natural resources under the management; fish and wildlife habitat authorized by a Federal agency, should installation’s control. The INRMP was enhancement or modification; wetland result in consultation for the Pacific prepared to ensure that natural protection, enhancement, and Coast WSP. These activities include, but resources are managed in support of the restoration where necessary to support are not limited to: Naval Base Ventura County’s military (1) Actions and management efforts fish and wildlife; and enforcement of command mission and that all activities affecting Pacific Coast WSP on Federal applicable natural resource laws. are consistent with Federal stewardship lands such as national seashores, parks, The National Defense Authorization requirements. The NBVC, Point Mugu and wildlife reserves. Such activities Act for Fiscal Year 2004 (Pub. L. 108– INRMP was completed in 2002, and may include clearing and raking of tidal 136) amended the Act to limit areas renewed and approved by the Service in debris (seaweed, driftwood) from eligible for designation as critical beaches causing a loss in cover and habitat. Specifically, section 4(a)(3)(B)(i) 2008. The INRMP is Naval Base Ventura forage; high levels of visitor use, which of the Act (16 U.S.C. 1533(a)(3)(B)(i)) County’s adaptive plan for managing can disturb and disrupt normal now provides: ‘‘The Secretary shall not natural resources to support and be behavior; and utility corridors that designate as critical habitat any lands or consistent with the military mission, require maintenance, which can lead to other geographical areas owned or while protecting and enhancing the disturbance of Pacific Coast WSPs. controlled by the Department of biological integrity of lands under its (2) Dredging and dredge spoil Defense, or designated for its use, that use (U.S. Navy 2002, p. ES–3). Naval placement that permanently removes are subject to an integrated natural Base Ventura County is committed to an elements of essential physical and resources management plan prepared ecosystem management approach for its biological features to the extent Pacific under section 101 of the Sikes Act (16 natural resources program by integrating Coast WSPs are affected for the U.S.C. 670a), if the Secretary determines all components of natural resource foreseeable future. in writing that such plan provides a management into a comprehensive and (3) Construction and maintenance of benefit to the species for which critical coordinated effort. An integrated roads, walkways, marinas, access habitat is proposed for designation.’’ approach to ecosystem management will points, bridges, culverts and other We consult with the military on the help protect the biological diversity structures which interfere with Pacific development and implementation of found at NBVC, Point Mugu. Coast WSP nesting, breeding, or foraging INRMPs for installations with listed The INRMP identifies the following or result in increases in predation. species. We analyzed INRMPs management and protective measure (4) Storm water and wastewater developed by military installations goals for the Pacific Coast WSP: discharge from communities, which located within the range of the proposed (1) Monitor and manage breeding could impact the abundance of critical habitat designation for Pacific habitat of Pacific Coast WSPs; invertebrates upon which Pacific Coast Coast WSP to determine if they are (2) Monitor and manage wintering WSPs rely for food. exempt under section 4(a)(3) of the Act. and migration areas to maximize Pacific (5) Flood control actions that change The following areas are Department of Coast WSP population survival; the elements of essential physical and Defense lands with completed, Service- biological features to the extent that the (3) Develop mechanisms for long-term approved INRMPs within the proposed habitat no longer contributes to the management and protection of Pacific revised critical habitat designation. conservation of the species. Coast WSPs and their breeding and Approved INRMPs wintering habitat; Exemptions (4) Undertake scientific investigations Naval Base Ventura County Point that facilitate recovery efforts; Application of Section 4(a)(3) of the Mugu (Units CA 40 and CA 41), 208 ac Endangered Species Act (84 ha) (5) Undertake public information and The Sikes Act Improvement Act of The Department of the Navy, Naval education programs for Pacific Coast 1997 (Sikes Act) (16 U.S.C. 670a) Base Ventura County, manages two WSPs; required each military installation that facilities in Ventura County, California: (6) Continue measures in place for includes land and water suitable for the Point Mugu and San Nicolas Island. Pacific Coast WSP protection, including conservation and management of Naval Base Ventura County, Point Mugu beach closures; natural resources to complete an (NBVC, Point Mugu) was established in (7) Protect and maintain natural integrated natural resource management 1949 as the Naval Air Weapons Station coastal processes that perpetuate high- plan (INRMP) by November 17, 2001. to support a new U.S. Naval Air Missile quality breeding habitat; An INRMP integrates implementation of Test Center, which provided material (8) Keep Pacific Coast WSP the military mission of the installation and Service support, including military management areas closed to all pets, with stewardship of the natural personnel administration, air traffic leashed or not, with the exception of resources found on the base. Each control, and flight line functions. The NBVC security dogs on official duty INRMP includes: NBVC, Point Mugu occupies (e.g., apprehending a suspect);

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

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

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

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

TABLE 3—EXEMPTIONS FROM DESIGNATION BY CRITICAL HABITAT UNIT

Areas meeting the Unit Specific area Basis for exclusion/ definition of critical Areas exempted in Ac exemption habitat in Ac (Ha) (Ha)

CA 40 ...... Naval Base Ventura County Point Mugu, Mugu 4(a)(3)(B) ...... 136 ac (55 ha) ...... 136 ac (55 ha). Lagoon North. CA 41 ...... Naval Base Ventura County Point Mugu, Mugu 4(a)(3)(B) ...... 72 ac (29 ha) ...... 72 ac (29 ha). Lagoon South. CA 42 ...... Naval Base Ventura County, San Nicolas Island 4(a)(3)(B) ...... 321 ac (130 ha) ...... 321 ac (130 ha). CA 49 ...... Marine Corps Base (MCB) Camp Pendleton ..... 4(a)(3)(B) ...... 441 ac (179 ha) ...... 441 ac (179 ha). CA 55A ...... Naval Base Coronado, Naval Air Station North 4(a)(3)(B) ...... 142 ac (58 ha) ...... 142 ac (57 ha). Island. CA 55C ...... Naval Base Coronado Silver Strand Beach ...... 4(a)(3)(B) ...... 436 ac (176 ha) ...... 436 ac (176 ha). CA 55D ...... Naval Base Coronado Delta Beach ...... 4(a)(3)(B) ...... 90 ac (36 ha) ...... 90 ac (36 ha). CA 55H ...... Naval Base Coronado Naval Radio Receiving 4(a)(3)(B) ...... 66 ac (27 ha) ...... 66 ac (27 ha). Facility.

Total ...... 1,704 ac (690 ha).

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

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Exclusions Based on National Security Public Comments section of this loan programs, or the rights and Impacts proposed revised rule for instructions obligations of their recipients; and (4) Whether the rule raises novel legal Under section 4(b)(2) of the Act, we on how to submit comments). or policy issues. consider whether there are lands owned Peer Review or managed by the Department of Regulatory Flexibility Act (5 U.S.C. 601 In accordance with our joint policy on Defense where a national security et seq.) peer review published in the Federal impact might exist. In preparing this Register on July 1, 1994 (59 FR 34270), Under the Regulatory Flexibility Act proposal, we have exempted from the we will seek the expert opinions of at (RFA; 5 U.S.C. 601 et seq.) as amended designation of critical habitat those least three appropriate and independent by the Small Business Regulatory Department of Defense lands with specialists regarding this proposed Enforcement Fairness Act (SBREFA) of completed INRMPs determined to revised rule. The purpose of peer review 1996 (5 U.S.C. 801 et seq.), whenever an provide a benefit to the Pacific Coast is to ensure that our critical habitat agency must publish a notice of WSP. We have also determined that the designation is based on scientifically rulemaking for any proposed or final remaining lands within the proposed sound data, assumptions, and analyses. rule, it must prepare and make available designation of critical habitat for Pacific We will invite these peer reviewers to for public comment a regulatory Coast WSP are not owned or managed comment during this public comment flexibility analysis that describes the by the Department of Defense, and, period, on our specific assumptions and effects of the rule on small entities therefore, we anticipate no impact on conclusions regarding the proposed (small businesses, small organizations, national security. Consequently, the revised designation of critical habitat. and small government jurisdictions). Secretary does not propose to exercise We will consider all comments and However, no regulatory flexibility his discretion to exclude any areas from information received during this analysis is required if the head of the the final designation based on impacts comment period on this proposed agency certifies the rule will not have a on national security. revised rule during our preparation of a significant economic impact on a Exclusions Based on Other Relevant final determination. Accordingly, our substantial number of small entities. Impacts final decision may differ from this The SBREFA amended RFA to require proposal. Federal agencies to provide a Under section 4(b)(2) of the Act, we certification statement of the factual consider any other relevant impacts, in Public Hearings basis for certifying that the rule will not addition to economic impacts and have a significant economic impact on impacts on national security. We Section 4(b)(5) of the Act provides for one or more public hearings on this a substantial number of small entities. consider a number of factors, including At this time, we lack the available whether the landowners have developed proposal, if requested. Requests for public hearings must be received within economic information necessary to any HCPs or other management plans provide an adequate factual basis for the for the area, or whether there are 45 days after the date of publication of this proposed revised rule in the required RFA finding. Therefore, we conservation partnerships that would be defer the RFA finding until completion Federal Register. Such requests must be encouraged by designation of, or of the draft economic analysis prepared sent to the address shown in the exclusion from, critical habitat. In under section 4(b)(2) of the Act and ADDRESSES section. We will schedule addition, we look at any Tribal issues, Executive Order 12866. This draft public hearings on this proposal, if any and consider the government-to- economic analysis will provide the are requested, and announce the dates, government relationship of the United required factual basis for the RFA times, and places of those hearings, as States with Tribal entities. We also finding. Upon completion of the draft well as how to obtain reasonable consider any social impacts that might economic analysis, we will announce accommodations, in the Federal occur because of the designation. availability of the draft economic Register and local newspapers at least We are not considering any analysis of the proposed designation in 15 days before the first hearing. exclusions at this time from the the Federal Register and reopen the proposed revised designation under Required Determinations public comment period for the proposed section 4(b)(2) of the Act based on designation. We will include with this Regulatory Planning and Review— partnerships, management, or protection announcement, as appropriate, an initial Executive Order 12866 afforded by cooperative management regulatory flexibility analysis or a efforts. Some areas within the proposed The Office of Management and Budget certification that the rule will not have revised designation are included in (OMB) has determined that this rule is a significant economic impact on a management plans or other large scale not significant and has not reviewed substantial number of small entities HCPs such as the Oregon State-wide this proposed rule revision under accompanied by the factual basis for Habitat Conservation Plan. In this Executive Order 12866 (Regulatory that determination. proposed revised rule, we are seeking Planning and Review). OMB bases its An analysis of the economic impacts input from the public as to whether or determination upon the following four for the previous proposed critical not the Secretary should exclude habitat criteria: habitat designation was conducted and conservation plan areas or other such (1) Whether the rule will have an made available to the public on August areas under management that benefit the annual effect of $100 million or more on 16, 2005 (70 FR 48094). This economic Pacific Coast WSP from the final revised the economy or adversely affect an analysis was finalized for the final rule critical habitat designation. We are also economic sector, productivity, jobs, the to designate critical habitat for the seeking input on potential exclusion of environment, or other units of the Pacific Coast WSP as published in the Tribal lands within this proposed government; Federal Register on September 29, 2005 revised designation (Please see (2) Whether the rule will create (70 FR 56969). The costs associated with Government-to-Government inconsistencies with other Federal critical habitat for the Pacific Coast Relationship with Tribes section below agencies’ actions; WSP, across the entire area considered regarding Tribal lands within this (3) Whether the rule will materially for designation, were primarily a result proposed revised designation and the affect entitlements, grants, user fees, of the potential effect of critical habitat

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on recreation, plover management, Federal program,’’ unless the regulation further evaluate these issues as we development, military operations, and ‘‘relates to a then-existing Federal conduct our economic analysis, and gravel extraction. Based on the 2005 program under which $500,000,000 or review and revise this assessment as economic analysis, we concluded that more is provided annually to State, warranted. the designation of critical habitat for the local, and Tribal governments under Takings—Executive Order 12630 Pacific Coast WSP would not result in entitlement authority,’’ if the provision significant small business impacts. would ‘‘increase the stringency of In accordance with Executive Order We have concluded that deferring the conditions of assistance’’ or ‘‘place caps 12630 (Government Actions and RFA finding until completion of the upon, or otherwise decrease, the Federal Interference with Constitutionally draft economic analysis on this Government’s responsibility to provide Protected Private Property Rights), we proposed revised critical habitat funding,’’ and the State, local, or Tribal have analyzed the potential takings designation is necessary to meet the governments ‘‘lack authority’’ to adjust implications of designating critical purposes and requirements of the RFA. accordingly. At the time of enactment, habitat for the Pacific Coast WSP in a Deferring the RFA finding in this these entitlement programs were: takings implications assessment. Critical manner will ensure that we make a Medicaid; Aid to Families with habitat designation does not affect sufficiently informed determination Dependent Children work programs; landowner actions that do not require based on adequate economic Child Nutrition; Food Stamps; Social Federal funding or permits, nor does it information and provide the necessary Services Block Grants; Vocational preclude development of habitat opportunity for public comment. Rehabilitation State Grants; Foster Care, conservation programs or issuance of Adoption Assistance, and Independent incidental take permits to permit actions Energy Supply, Distribution, or Use— that do require Federal funding or Executive Order 13211 Living; Family Support Welfare Services; and Child Support permits to go forward. The takings Executive Order 13211 (Actions Enforcement. ‘‘Federal private sector implications assessment concludes that Concerning Regulations That mandate’’ includes a regulation that this designation of critical habitat for Significantly Affect Energy Supply, ‘‘would impose an enforceable duty the Pacific Coast WSP does not pose Distribution, or Use) requires agencies upon the private sector, except (i) a significant takings implications for to prepare Statements of Energy Effects condition of Federal assistance or (ii) a lands within or affected by the when undertaking certain actions. We duty arising from participation in a designation. do not expect the designation of this voluntary Federal program.’’ Federalism—Executive Order 13132 proposed revised critical habitat to The designation of critical habitat significantly affect energy supplies, does not impose a legally binding duty In accordance with Executive Order distribution, or use. This is based on our on non-Federal Government entities or 13132 (Federalism), this proposed rule previous analysis conducted for the private parties. Under the Act, the only does not have significant Federalism previous designation of critical habitat. regulatory effect is that Federal agencies effects. A Federalism assessment is not This analysis was finalized for the final must ensure that their actions do not required. In keeping with Department of rule to designate critical habitat for the destroy or adversely modify critical the Interior and Department of Pacific Coast WSP as published in the habitat under section 7. While non- Commerce policy, we requested Federal Register on September 29, 2005 Federal entities that receive Federal information from, and coordinated (70 FR 56969). Therefore, this action is funding, assistance, or permits, or that development of, this proposed critical not a significant energy action, and no otherwise require approval or habitat designation with appropriate Statement of Energy Effects is required. authorization from a Federal agency for State resource agencies in Washington, However, we will further evaluate this an action, may be indirectly impacted Oregon, and California. The designation issue as we conduct our economic by the designation of critical habitat, the of critical habitat in areas currently analysis, and we will review and revise legally binding duty to avoid occupied by the Pacific Coast WSP may this assessment as warranted. destruction or adverse modification of impose nominal additional restrictions critical habitat rests squarely on the to those currently in place and, Unfunded Mandates Reform Act (2 Federal agency. Furthermore, to the therefore, may have little incremental U.S.C. 1501 et seq.) extent that non-Federal entities are impact on State and local governments In accordance with the Unfunded indirectly impacted because they and their activities. The designation Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate may have some benefit to these seq.), we make the following findings: in a voluntary Federal aid program, the governments because the areas that (1) This rule will not produce a Unfunded Mandates Reform Act would contain the physical and biological Federal mandate. In general, a Federal not apply, nor would critical habitat features essential to the conservation of mandate is a provision in legislation, shift the costs of the large entitlement the species are more clearly defined, statute, or regulation that would impose programs listed above onto State and the elements of the features of the an enforceable duty upon State, local, or governments. habitat necessary to the conservation of Tribal governments, or the private (2) Based in part on an analysis the species are specifically identified. sector, and includes both ‘‘Federal conducted for the previous designation This information does not alter where intergovernmental mandates’’ and of critical habitat and extrapolated to and what Federally sponsored activities ‘‘Federal private sector mandates.’’ this designation, we do not expect this may occur. However, it may assist local These terms are defined in 2 U.S.C. rule to significantly or uniquely affect governments in long-range planning 658(5)–(7). ‘‘Federal intergovernmental small governments. Small governments (rather than having them wait for case- mandate’’ includes a regulation that will be affected only to the extent that by-case section 7 consultations to ‘‘would impose an enforceable duty any programs having Federal funds, occur). upon State, local, or Tribal permits, or other authorized activities Where State and local governments governments’’ with two exceptions. It must ensure that their actions will not require approval or authorization from a excludes ‘‘a condition of Federal adversely affect the critical habitat. Federal agency for actions that may assistance.’’ It also excludes ‘‘a duty Therefore, a Small Government Agency affect critical habitat, consultation arising from participation in a voluntary Plan is not required. However, we will under section 7(a)(2) would be required.

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While non-Federal entities that receive Presidential Memorandum of June 1, WSP, and are asking that their lands be Federal funding, assistance, or permits, 1998, to write all rules in plain excluded from designation. or that otherwise require approval or language. This means that each rule we References Cited authorization from a Federal agency for publish must: an action, may be indirectly impacted (1) Be logically organized; A complete list of all references cited by the designation of critical habitat, the (2) Use the active voice to address in this rulemaking is available on the legally binding duty to avoid readers directly; Internet at http://wwww.regulations.gov destruction or adverse modification of (3) Use clear language rather than and upon request from the Field critical habitat rests squarely on the jargon; Supervisor, Arcata Fish and Wildlife Federal agency. (4) Be divided into short sections and Office (see FOR FURTHER INFORMATION sentences; and CONTACT section). Civil Justice Reform—Executive Order (5) Use lists and tables wherever 12988 possible. Authors In accordance with Executive Order If you feel that we have not met these The primary authors of this notice are 12988 (Civil Justice Reform), the Office requirements, send us comments by one the staff members of the Arcata Fish and of the Solicitor has determined that the of the methods listed in the ADDRESSES Wildlife Office (see FOR FURTHER rule does not unduly burden the judicial section. To better help us revise the INFORMATION CONTACT section). rule, your comments should be as system and that it meets the List of Subjects in 50 CFR Part 17 requirements of sections 3(a) and 3(b)(2) specific as possible. For example, you of the Order. We have proposed should tell us the numbers of the Endangered and threatened species, designating critical habitat in sections or paragraphs that are unclearly Exports, Imports, Reporting and accordance with the provisions of the written, which sections or sentences are recordkeeping requirements, Act. This proposed rule uses standard too long, the sections where you feel Transportation. lists or tables would be useful, etc. property descriptions and identifies the Proposed Regulation Promulgation elements of physical and biological Government-to-Government Accordingly, we propose to amend features essential to the conservation of Relationship with Tribes the Pacific Coast WSP within the part 17, subchapter B of chapter I, title In accordance with the President’s designated areas to assist the public in 50 of the Code of Federal Regulations, memorandum of April 29, 1994 understanding the habitat needs of the as set forth below: (Government-to-Government Relations species. with Native American Tribal PART 17—ENDANGERED AND Paperwork Reduction Act of 1995 (44 Governments; 59 FR 22951), Executive THREATENED WILDLIFE AND PLANTS U.S.C. 3501 et seq.) Order 13175 (Consultation and Coordination with Indian Tribal 1. The authority citation for part 17 This rule does not contain any new continues to read as follows: collections of information that require Governments), and the Department of approval by OMB under the Paperwork the Interior’s manual at 512 DM 2, we Authority: 16 U.S.C. 1361–1407; 16 U.S.C. readily acknowledge our responsibility 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Reduction Act of 1995 (44 U.S.C. 3501 625, 100 Stat. 3500; unless otherwise noted. et seq.). This rule will not impose to communicate meaningfully with recordkeeping or reporting requirements recognized Federal Tribes on a 2. In § 17.95(b), revise the entry for on State or local governments, government-to-government basis. In ‘‘Western Snowy Plover (Charadrius individuals, businesses, or accordance with Secretarial Order 3206 alexandrinus nivosus)—Pacific Coast organizations. An agency may not of June 5, 1997 (American Indian Tribal Population’’ to read as follows: Rights, Federal-Tribal Trust conduct or sponsor, and a person is not § 17.95 Critical habitat—fish and wildlife. required to respond to, a collection of Responsibilities, and the Endangered * * * * * information unless it displays a Species Act), we readily acknowledge (b) Birds. currently valid OMB control number. our responsibilities to work directly with Tribes in developing programs for * * * * * National Environmental Policy Act (42 healthy ecosystems, to acknowledge that Western Snowy Plover (Charadrius U.S.C. 4321 et seq.) Tribal lands are not subject to the same alexandrinus nivosus)—Pacific Coast It is our position that, outside the controls as Federal public lands, to Population. jurisdiction of the U.S. Court of Appeals remain sensitive to Indian culture, and (1) Critical habitat units are depicted for the Tenth Circuit, we do not need to to make information available to Tribes. on the maps below for: prepare environmental analyses The Shoalwater Bay Tribe in (i) Washington—Grays Harbor and pursuant to the National Environmental Washington is the only Tribe affected by Pacific Counties; Policy Act (NEPA; 42 U.S.C. 4321 et this proposed revised critical habitat (ii) Oregon—Clatsop, Tillamook, seq.) in connection with designating rule. Approximately 335 ac (136 ha) of Lane, Douglas, Coos, and Curry critical habitat under the Act. We Tribal lands within subunit 3B could be Counties; and published a notice outlining our reasons designated. The Lacey Fish and Wildlife (iii) California—Del Norte, Humboldt, for this determination in the Federal Office has entered into discussion with Mendocino, Marin, Napa, Alameda, San Register on October 25, 1983 (48 FR the Tribe regarding the proposed revised Mateo, Santa Cruz, Monterey, San Luis 49244). This position was upheld by the designation in preparation of this Obispo, Santa Barbara, Ventura, Los U.S. Court of Appeals for the Ninth revised rule. We will be contacting the Angeles, Orange, and San Diego Circuit (Douglas County v. Babbitt, 48 Shoalwater Bay Tribe and requesting Counties. F.3d 1495 (9th Cir. 1995), cert. denied comments regarding the status of Pacific (2) The primary constituent elements 516 U.S. 1042 (1996)). Coast WSPs on lands under Tribal of physical and biological features ownership and management. The Tribe essential to conservation of the Pacific Clarity of the Rule has stated that they are committed to Coast western snowy plover are sandy We are required by Executive Orders continue with their efforts to manage beaches, dune systems immediately 12866 and 12988 and by the their lands to benefit the Pacific Coast inland of an active beach face, salt flats,

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

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

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

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

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

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(11) Note: Index map of critical alexandrinus nivosus) in Oregon habitat units for the Pacific Coast follows: western snowy plover (Charadrius

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(28) Note: Index map of critical alexandrinus nivosus) in Northern habitat units for the Pacific Coast California, follows: western snowy plover (Charadrius

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(55) Note: Index map of critical alexandrinus nivosus) in Southern habitat units for the Pacific Coast California, follows: western snowy plover (Charadrius

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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