36086 Federal Register / Vol. 66, No. 132 / Tuesday, July 10, 2001 / Rules and Regulations

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

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3. Amend § 17.95(b) by adding critical elements within the designated Unit NC–4: . 516 ha (1273 habitat for the piping plover boundaries are considered critical ac) in Dare and Hyde Counties (Charadrius melodus) in the same habitat. The majority of the unit is surrounded alphabetical order as this species occurs 3. Below, we describe each unit in by National Seashore, but in § 17.11(h), to read as follows: terms of its location, size, and is privately owned. This unit extends § 17.95 Critical habitat-fish and wildlife. ownership. These textual unit west from the end of Highway 12 on the * * * * * descriptions are the definitive source for western portion of to (b) Birds. determining the critical habitat 1.25 km (0.78 mi) southwest of the ferry terminal at the end of Highway 12 on * * * * * boundaries. All distances and areas provided here are approximated. Ocracoke Island. It includes all lands Piping Plover (Charadrius melodus) General location maps by State are where constituent elements occur from MLLW on the Atlantic Ocean across to Wintering Habitat provided at the end of each State’s unit 1. The primary constituent elements MLLW on . All emergent descriptions and are provided for sandbars within Hatteras Inlet between essential for the conservation of general guidance purposes only, and not wintering piping plovers are those Hatteras Island and Ocracoke Island are as a definitive source for determining also included. habitat components that support critical habitat boundaries. foraging, roosting, and sheltering and Unit NC–5: Ocracoke Island. 80 ha (197 (Maps were digitized the physical features necessary for ac) in Hyde County maintaining the natural processes that using 1993 DOQQs, except NC–3 (1993 DRG) The majority of this unit is within support these habitat components. The Cape Hatteras National Seashore. It primary constituent elements include Unit NC–1: . 404 ha (997 ac) includes the western portion of intertidal beaches and flats (between in Dare County Ocracoke Island beginning 3.5 km (2.2 annual low tide and annual high tide) mi) west of the junction of Highway 12 and associated dune systems and flats This unit extends from the southern and the local road (no name) extending above annual high tide. Important portion of to the northern west to . It includes all components of intertidal flats include portion of . It includes all land from MLLW on the Atlantic Ocean sand and/or mud flats with no or very land south of the Oregon Inlet Marina across to MLLW on Pamlico Sound. All sparse emergent vegetation. In some and Fishing Center to 0.50 km (0.31 emergent sandbars within Ocracoke cases, these flats may be covered or mile) south of the junction of Highway Inlet are also included. partially covered by a mat of blue-green 12 and SR 1257. This unit includes Unit NC–6: Portsmouth Island-Cape algae. Adjacent non-or sparsely lands from MLLW on the Pamlico vegetated sand, mud, or algal flats above Lookout. 3187 ha (7873 ac) in Carteret Sound across (and including all land) to County high tide are also important, especially MLLW on Atlantic Ocean shoreline. for roosting piping plovers, and are Any emergent sandbars south and west The entire unit is within Cape primary constituent elements of piping of Oregon Inlet are included. Lookout National Seashore. This unit plover wintering habitat. Such sites may includes all land to MLLW on Atlantic have debris, detritus (decaying organic Unit NC–2: Cape Hatteras Point. 465 ha Ocean to MLLW on Pamlico Sound, matter), or micro-topographic relief (less (1149 ac) in Dare County from Ocracoke Inlet extending west to than 50 cm above substrate surface) the western end of Pilontary Islands. offering refuge from high winds and The majority of the unit is within This unit includes the islands of Casey, cold weather. Important components of Cape Hatteras National Seashore. This Sheep, Evergreen, Portsmouth, the beach/dune ecosystem include surf- unit extends south from the Cape Whalebone, Kathryne Jane, and Merkle cast algae, sparsely vegetated backbeach Hatteras Lighthouse to the point of Cape Hammock. This unit also extends west and salterns (beach area above mean Hatteras and then extends west 6.4 km from the eastern side of Old high tide seaward of the permanent (4.0 mi) along Hatteras Cove shoreline. to 1.6 km (1.0 mi) west of New Drum dune line, or in cases where no dunes The unit includes lands from the MLLW Inlet and includes all lands from MLLW exist, seaward of a delineating feature on the Atlantic Ocean and stops on Atlantic Ocean to MLLW on Core such as a vegetation line, structure, or landward where densely vegetated Sound. road), spits, and washover areas. habitat, not used by the piping plover, Washover areas are broad, unvegetated Unit NC–7: South Core Banks. 552 ha begins and where constituent elements (1364 ac) in Carteret County zones, with little or no topographic no longer occur. relief, that are formed and maintained The entire unit is within Cape by the action of hurricanes, storm surge, Unit NC–3: Clam Shoals. 28 ha (70 ac) Lookout National Seashore. This unit or other extreme wave action. in Dare County extends south from Cape Lookout 2. Critical habitat does not include Lighthouse, along Cape Lookout, to existing developed sites consisting of The entire unit is owned by the State. Cape Point and northwest to the buildings, marinas, paved areas, boat This unit includes several islands in northwestern peninsula. All lands from ramps, exposed oil and gas pipelines Pamlico Sound known as Bird Islands. MLLW on the Atlantic Ocean, Onslow and similar structures. Only those areas This unit includes lands on all islands Bay, and Lookout Bight up to where containing these primary constituent to the MLLW. densely vegetated habitat, not used by

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the piping plover, begins and the Ocean and sound side to where densely south from Ft. Fisher Islands (from the constituent elements no longer occur are vegetated habitat, not used by the piping rocks), south of the ferry terminal, to included. plover, begins and where the approximately 0.8 km (0.5 mi) south of constituent elements no longer occur. In Unit NC–8: . 716 ha MLLW at Corn Cake Inlet on Smith Topsail Sound, the unit stops as the (1769 ac) in Carteret County Island. It includes all land (including entrance to tidal creeks become narrow Zeke’s Island) from MLLW on Atlantic The entire unit is within Cape and channelized. Ocean across to MLLW on the eastern Lookout National Seashore. This unit is side of the Cape Fear River. in two parts: (1) The eastern end of Unit NC–12: Figure Eight Island. 134 ha Shackleford Banks from MLLW of (331 ac) in New Hanover County Unit NC–16: Lockwood Folly Inlet. 36 extending west 2.4 km (1.5 The majority of the unit is privately ha (90 ac) in Brunswick County mi), including Diamond City Hills, owned. This unit extends south from Great Marsh Island, and Blinds the western end of Beach Road on The entire unit is on Oak Island Hammock; and, (2) The western end of Figure Eight Island to the northern end (formerly known as the Town of Long Shackleford Banks from MLLW of Highway 74 on Wrightsville Beach. Beach) and is privately owned. This extending east 3.2 km (2.0 mi) from The unit includes Mason Inlet and the unit extends from the end of West Beach Beaufort Inlet. The unit includes all sand and mudflats northwest of the inlet Drive, west to MLLW at Lockwood Folly land from MLLW to where densely from MLLW on Atlantic Ocean to where Inlet, including emergent sandbars vegetated habitat, not used by the piping densely vegetated habitat, not used by south and adjacent to the island. This plover, begins and where the the piping plover, begins and where the unit is includes land from MLLW on constituent elements no longer occur constituent elements no longer occur. Atlantic Ocean across to MLLW and any emergent sandbars within Unit NC–13: Masonboro. 61 ha (150 ac) adjacent to the Eastern Channel and the Beaufort Inlet. This unit is bordered by in New Hanover County . , Shackleford Slue, and Back Sound. The entire unit is within the North Unit NC–17: Shallotte Inlet. 120 ha (296 Carolina National Estuarine Research ac) in Brunswick County Unit NC–9: Rachel Carson. 445 ha (1100 Reserve. This unit extends 1.1 km (0.70 ac) in Carteret County mi) south from the MLLW of Masonboro The entire unit is privately owned. The entire unit is within the Rachel Inlet on Masonboro Island. This unit This unit begins just west of Skimmer Carson National Estuarine Research includes all lands along the Atlantic Court on the western end of Holden Reserve. This unit includes islands Ocean, Masonboro Inlet, and Masonboro Beach. It includes land south of SR south of Beaufort including Horse Sound from MLLW to where densely 1116, to where densely vegetated Island, Carrot Island, and Lennox Point. vegetated habitat, not used by the piping habitat, not used by the piping plover, This unit includes entire islands to plover, begins and where the begins and where the constituent MLLW. constituent elements no longer occur. elements no longer occur to the MLLW Unit NC–10: Bogue Inlet. 143 ha (354 Unit NC–14: Carolina Beach Inlet. 374 along the Atlantic Ocean. It includes the ac) in Carteret and Onslow Counties ha (924 ac) in New Hanover County contiguous shoreline from MLLW to where densely vegetated habitat, not The majority of the unit is privately The majority of the unit is within used by the piping plover, begins and owned, with the remainder falling Myrtle Grove Sound on Masonboro where the constituent elements no within Hammocks Beach State Park. Island and is owned by the North longer occur along the Atlantic Ocean, This unit includes contiguous land Carolina National Estuarine Research Shallotte Inlet, and Intracoastal south, west, and north of Bogue Court Reserve. It extends 1.80 km (1.12 mi) to MLLW line of Bogue Inlet on the west along the south shoreline of Wolf Waterway stopping north of Skimmer western end of Bogue Banks. It includes Island from the mouth of the Altamaja Court Road. The unnamed island and the sandy shoals north and adjacent to sound. This unit extends south from 3.2 emergent sandbars to MLLW within Bogue Banks and the land on Atlantic km (2.0 mi) north of MLLW at Carolina Shallotte Inlet are also included. Ocean side to MLLW. This unit also Beach Inlet on Masonboro Island to 1.1 Unit NC–18: Mad Inlet. 112 ha (278 ac) extends 1.3 km (0.8 mi) west from km (0.70 mi) south of MLLW at Carolina in Brunswick County MLLW of Bogue Inlet on the eastern Beach Inlet on Carolina Beach. It portion of Bear Island. includes land from MLLW on Atlantic The entire unit is privately owned. Ocean across and including lands to Unit NC–11: Topsail. 451 ha (1114 ac) This unit extends west 1.2 km (0.75 mi) MLLW on the western side of in Pender County and Hanover County from the end of Main Street (SR 1177) Masonboro Island, excluding existing on western Sunset Beach to the eastern The entire area is privately owned. dredge spoil piles. Emergent sand bars portion of Bird Island and includes the This unit extends southwest from 1.0 within Carolina Beach Inlet are also marsh areas north of western Sunset km (0.65 mi) northeast of MLLW of New included. Beach shoreline. The shoreline area Topsail Inlet on Topsail Island to 0.53 begins at MLLW on the Atlantic Ocean km (0.33 mi) southwest of MLLW of Unit NC–15: Ft. Fisher. 790 ha (1951 ac) and continues landward to where Rich Inlet on Figure Eight Island. It in New Hanover and Brunswick includes both Rich Inlet and New Counties densely vegetated habitat, not used by Topsail Inlet and the former Old Topsail This unit is within Ft. Fisher State the piping plover, begins and where the Inlet. All land, including emergent Recreation Area and Zeke’s Island constituent elements no longer occur. sandbars, from MLLW on Atlantic Estuarine Reserve. This unit extends BILLING CODE 4310–55–P

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VerDate 112000 11:26 Jul 09, 2001 Jkt 194001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4725 E:\FR\FM\10JYR2.SGM pfrm06 PsN: 10JYR2 Federal Register / Vol. 66, No. 132 / Tuesday, July 10, 2001 / Rules and Regulations 36091

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BILLING CODE 4310–55–C

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