75608 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AT89 

Endangered and Threatened Wildlife 

and Plants; Proposed Designation of 

Critical Habitat for the Pacific Coast 

Population of the Western Snowy 

Plover

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Proposed rule.

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

designate critical habitat for the Pacific 

coast distinct population segment of the 

western snowy plover (Charadrius 

alexandrinus nivosus) pursuant to the 

Endangered Species Act of 1973, as 

amended (Act). In developing this 

proposal, we evaluated those lands 

determined to contain habitat features 

essential to the conservation of the 

Pacific coast population of the western 

snowy plover to ascertain if any specific 

areas are appropriate for exclusion from 

critical habitat pursuant to section 

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

requires us to take into account 

economic and other impacts resulting 

from designation, and allows us to 

exclude areas with essential habitat 

features if the benefits of exclusion 

outweigh those of designation. 

Additionally, the newly amended 

section 4(a)(3) requires exclusion of 

military lands subject to an Integrated 

Natural Resources Management Plan 

(INRMP) that benefits the species. We 

have excluded several units based on 

these provisions. Additionally, we have 

considered, but are not proposing, 

several areas that were either 

unoccupied at the time of listing (1993) 

or are unoccupied now. We include 

descriptions and maps of these areas 

and are soliciting public comment 

regarding the appropriateness of 

including any of these areas in the final 

critical habitat designation. We propose 

to designate approximately 17,299 acres 

(ac) (7,001 hectares (ha)) within 35 units 

along the coasts of California, Oregon, 

and Washington. This rule is being 

proposed pursuant to a court order 

issued in July 2003, partially vacating 

critical habitat established for the 

Pacific coast population of the western 

snowy plover and remanding the 

previous designation of critical habitat 

for preparation of a new analysis of the 

economic impacts (Coos County Board 

of County Commissioners et al. v. 

Department of the Interior et al.). 

If this proposal is made final, section 

7 of the Act would prohibit destruction 

or adverse modification of critical 

habitat by any activity authorized, 

funded, or carried out by any Federal 

agency. As required by section 4 of the 

Act, we will consider the economic and 

other relevant impacts prior to making 

a final decision on what areas to 

designate as critical habitat.

We hereby solicit information and 

comments from the public on all aspects 

of this proposal, including data on the 

economic and other impacts of 

designation as well as any benefits of 

the designation (see Public Comments 

Solicited section below). We are also 

specifically soliciting public comments 

on the appropriateness of excluding 

lands covered by certain approved and 

pending habitat conservation plans or 

management plans, and Department of 

Defense lands pursuant to section 

4(b)(2) and 4(a)(3) of the Act from this 

proposed designation. We may revise 

this proposal prior to final designation 

to incorporate or address new 

information received during the 

comment period. 

In the development of our final 

designation, we will incorporate or 

address any new information received 

during the public comment periods, or 

from our evaluation of the potential 

economic impacts of this proposal. As 

such, we may revise this proposal to 

address new information and/or to 

either exclude additional areas that may 

warrant exclusion pursuant to section 

4(b)(2) or to add in those areas 

determined to contain essential habitat 

features but excluded from this 

proposal.

DATES: We will accept comments from 

all interested parties until February 15, 

2005. We must receive requests for 

public hearings, in writing, at the 

address shown in the ADDRESSES section 

by January 31, 2005. The specific times, 

dates, and locations for any hearings 

will be announced in the Federal 

Register in the coming months.

ADDRESSES: If you wish to comment, 

you may submit your comments and 

materials concerning this proposal by 

any one of several methods: 

1. You may submit written comments 

and information to Wayne White, Field 

Supervisor, U.S. Fish and Wildlife 

Service, Sacramento Fish and Wildlife 

Office, 2800 Cottage Way, W–2605, 

Sacramento, California 95825 

(telephone 916–414–6600). 

2. You may hand-deliver written 

comments to our Sacramento Fish and 

Wildlife Office, at the address given 

above, or fax your comments to 916–

414–6713. 

3. You may send comments by 

electronic mail (e-mail) to 

WSP_pCH@fws.gov. Please see the 

Public Comments Solicited section 

below for file format and other 

information about electronic filing. In 

the event that our internet connection is 

not functional, please submit your 

comments by the alternate methods 

mentioned above. 

The comments and materials 

received, as well as supporting 

documentation used in the preparation 

of this proposed rule, will be available 

for public inspection, by appointment, 

during normal business hours at the 

above address.

FOR FURTHER INFORMATION CONTACT: For 

general information about this proposed 

rule, or information on units CA 7 

through CA 10, or on units considered 

to include habitat essential to the 

conservation of the plover but excluded 

for the San Francisco Bay area, contact 

Glen Tarr or Arnold Roessler, 

Sacramento Fish and Wildlife Office, 

2800 Cottage Way, W–2605 Sacramento, 

CA 95825 (telephone 916–414–6600; 

facsimile 916–414–6712). 

For information on units WA 1 

through WA 4, contact Martha Jensen, 

Western Washington Fish and Wildlife 

Office, 510 Desmond Dr. SE., Lacey, WA 

98503 (telephone 360–753–9000; 

facsimile 360–534–9331). 

For information on units OR 1 

through OR 12, contact Fred Seavey, 

Newport Field Office, 2127 SE Marine 

Dr., Newport, OR 97365–5258 

(telephone 541–867–4558 ext. 239; 

facsimile 541–867–4551). 

For information on units CA 1 

through CA 6, contact Jim Watkins, 

Arcata Fish and Wildlife Office, 1655 

Heindon Rd., Arcata, CA 95521 

(telephone 707–822–7201; facsimile 

707–822–8411). 

For information on units CA 11 

through CA 19, contact Mike McCrary, 

Ventura Fish and Wildlife Office, 2493 

Portola Rd., Suite B, Ventura, CA 93003 

(telephone 805–644–1766; facsimile 

805–644–3958).

For information on units CA 20 

through CA 27, contact Kevin Clark, 

Carlsbad Fish and Wildlife Office, 6010 

Hidden Valley Rd., Carlsbad, CA 92009 

(telephone 760–431–9440).

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

We intend that any final action 

resulting from this proposal will be as 

accurate and as effective as possible. 

Therefore, comments or suggestions 

from the public, other concerned 

governmental agencies, the scientific 

community, industry, or any other 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75609

interested parties concerning this 

proposed rule are hereby solicited. 

Comments are particularly sought 

concerning: 

(1) The reasons why any habitat 

should or should not be determined to 

be critical habitat as provided by section 

4 of the Act, including whether the 

benefit of designation will outweigh any 

threats to the species due to designation; 

(2) Specific information on the 

amount and distribution of western 

snowy plover habitat, and what habitat 

features and areas are essential to the 

conservation of the species and why; 

(3) Land use designations and current 

or planned activities in the subject areas 

and their possible impacts on proposed 

critical habitat; 

(4) Any foreseeable economic or other 

potential impacts resulting from the 

proposed designation and, in particular, 

any impacts on small entities; and 

(5) Whether our approach to 

designating critical habitat could be 

improved or modified in any way to 

provide for greater public participation 

and understanding, or to assist us in 

accommodating public concerns and 

comments. 

(6) Comments or information as to 

whether further clarity or specificity of 

the Primary Constituent Elements is 

necessary; 

(7) Some of the lands we have 

identified as containing habitat features 

essential for the conservation of the 

Pacific coast population of the western 

snowy plover are being considered for 

exclusion from the final designation of 

critical habitat or are not included in 

this proposed designation. We 

specifically solicit comment on the 

possible inclusion or exclusion of such 

areas and: 

(a) Whether these areas contain 

essential habitat features; 

(b) Whether these, or other areas 

proposed but not specifically addressed 

in this proposal, warrant exclusion; and

(c) Relevant factors that should be 

considered by us when evaluating the 

basis for not designating these areas as 

critical habitat under section 4(b)(2) of 

the Act). 

If you wish to comment, you may 

submit your comments and materials 

concerning this proposal by any one of 

several methods (see ADDRESSES

section). Please submit electronic 

comments to WSP_pCH@fws.gov in 

ASCII file format and avoid the use of 

special characters or any form of 

encryption. Please also include ‘‘Attn: 

Western snowy plover’’ in your e-mail 

subject header and your name and 

return address in the body of your 

message. If you do not receive a 

confirmation from the system that we 

have received your Internet message, 

contact us directly by calling our 

Sacramento Fish and Wildlife Office at 

phone number 916–414–6600. Please 

note that the e-mail address 

WSP_pCH@fws.gov will be closed out at 

the termination of the public comment 

period. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home addresses from 

the rulemaking record, which we will 

honor to the extent allowable by law. 

There also may be circumstances in 

which we would withhold from the 

rulemaking record a respondent’s 

identity, as allowable by law. If you 

wish us to withhold your name and/or 

address, you must state this 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the above address. 

Designation of Critical Habitat Provides 

Little Additional Protection to Species 

In 30 years of implementing the Act, 

the Service has found that the 

designation of statutory critical habitat 

provides little additional protection to 

most listed species, while consuming 

significant amounts of available 

conservation resources. The Service’s 

present system for designating critical 

habitat has evolved since its original 

statutory prescription into a process that 

provides little real conservation benefit, 

is driven by litigation and the courts 

rather than biology, limits our ability to 

fully evaluate the science involved, 

consumes enormous agency resources, 

and imposes huge social and economic 

costs. The Service believes that 

additional agency discretion would 

allow our focus to return to those 

actions that provide the greatest benefit 

to the species most in need of 

protection. 

Role of Critical Habitat in Actual 

Practice of Administering and 

Implementing the Act 

While attention to and protection of 

habitat is paramount to successful 

conservation actions, we have 

consistently found that, in most 

circumstances, the designation of 

critical habitat is of little additional 

value for most listed species, yet it 

consumes large amounts of conservation 

resources. Sidle (1987) stated, ‘‘Because 

the Act can protect species with and 

without critical habitat designation, 

critical habitat designation may be 

redundant to the other consultation 

requirements of section 7.’’ Currently, 

only 445 species or 36 percent of the 

1,244 listed species in the U.S. under 

the jurisdiction of the Service have 

designated critical habitat. We address 

the habitat needs of all 1,244 listed 

species through conservation 

mechanisms such as listing, section 7 

consultations, the Section 4 recovery 

planning process, the Section 9 

protective prohibitions of unauthorized 

take, Section 6 funding to the States, 

and the Section 10 incidental take 

permit process. The Service believes 

that it is these measures that may make 

the difference between extinction and 

survival for many species. 

We note, however, that a recent 9th 

Circuit judicial opinion, Gifford Pinchot 

Task Force v. United States Fish and 

Wildlife Service, has invalidated the 

Service’s regulation defining destruction 

or adverse modification of critical 

habitat. We are currently reviewing the 

decision to determine what effect it may 

have on the outcome of consultations 

pursuant to section 7 of the Act. 

Procedural and Resource Difficulties in 

Designating Critical Habitat 

We have been inundated with 

lawsuits for our failure to designate 

critical habitat, and we face a growing 

number of lawsuits challenging critical 

habitat determinations once they are 

made. These lawsuits have subjected the 

Service to an ever-increasing series of 

court orders and court-approved 

settlement agreements, compliance with 

which now consumes nearly the entire 

listing program budget. This leaves the 

Service with little ability to prioritize its 

activities to direct scarce listing 

resources to the listing program actions 

with the most biologically urgent 

species conservation needs. 

The consequence of the critical 

habitat litigation activity is that limited 

listing funds are used to defend active 

lawsuits, to respond to Notices of Intent 

(NOIs) to sue relative to critical habitat, 

and to comply with the growing number 

of adverse court orders. As a result of 

this consequence, listing petition 

responses, the Service’s own proposals 

to list critically imperiled species, and 

final listing determinations on existing 

proposals are all significantly delayed. 

The accelerated schedules of courtordered designations have left the 

Service with almost no ability to 

75610 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

provide for adequate public 

participation or to ensure a defect-free 

rulemaking process before making 

decisions on listing and critical habitat 

proposals due to the risks associated 

with noncompliance with judicially 

imposed deadlines. This situation in 

turn fosters a second round of litigation 

in which those who fear adverse 

impacts from critical habitat 

designations challenge those 

designations. The cycle of litigation 

appears endless, is very expensive, and 

in the final analysis provides relatively 

little additional protection to listed 

species. 

The costs resulting from the 

designation include legal costs, the costs 

of preparation and publication of the 

designation, the analysis of the 

economic effects and the costs of 

requesting and responding to public 

comments, and, in some cases, the costs 

of compliance with National 

Environmental Policy Act. None of 

these costs result in any benefit to the 

species that is not already afforded by 

the protections of the Act enumerated 

earlier, and these associated costs 

directly reduce the scarce funds 

available for direct and tangible 

conservation actions. 

Background 

The western snowy plover 

(Charadrius alexandrinus nivosus), one 

of two subspecies of snowy plover to 

nest in North America, is a small 

shorebird with pale brown to gray 

upperparts, gray to black legs and bill, 

and dark patches on the forehead, 

behind the eyes, and on either side of 

the upper breast (Page et al. 1995a). The 

species was first described in 1758 by 

Linnaeus (American Ornithologists’

Union 1957). The Pacific coast 

population distinct population segment 

of the western snowy plover (Pacific 

Coast WSP) is defined as those 

individuals nesting adjacent to tidal 

waters of the Pacific Ocean, and 

includes all nesting birds on the 

mainland coast, peninsulas, offshore 

islands, adjacent bays, estuaries and 

coastal rivers. For a more complete 

discussion of the ecology and life 

history of this population, please see the 

final rule for listing the Pacific Coast 

WSP as a threatened species, which was 

published in the Federal Register on 

March 5, 1993 (58 FR 12864), and the 

previously published final rule 

designating critical habitat for this 

population segment, which was 

published on December 7, 1999 (64 FR 

68508).

Pacific Coast WSPs typically forage 

for small invertebrates in wet or dry 

beach sand, tide-cast kelp, low foredune 

vegetation, and near water seeps in salt 

pans. Prey species include mole crabs 

(Emerita analoga), crabs (Pachygrapsus 

crassipes), polychaete worms (Neridae, 

Lumbrineris zonata, etc.), amphipods 

(Corophium spp., etc.), sand hoppers 

(Orchestoidea), flies (Ephydridae, 

Dolichopodidae), and beetles 

(Carabidae, etc.). Accordingly, beach 

cleaning activities that remove kelp and 

rake sand can harm plover foraging 

success (Page et al. 1995a;). 

The Pacific Coast WSP breeds 

primarily on coastal beaches from 

southern Washington to southern Baja 

California, Mexico. This habitat is 

variable because of unconsolidated 

soils, high winds, storms, wave action, 

and colonization by plants. Sand spits, 

dune-backed beaches, beaches at creek 

and river mouths, and salt pans at 

lagoons and estuaries are the preferred 

habitats for nesting plovers (Wilson 

1980; Stenzel et al. 1981). Additional 

western snowy plover nesting habitats 

include bluff-backed beaches, dredged 

material disposal sites, salt pond levees, 

dry salt ponds, and river bars (Wilson 

1980; Page and Stenzel 1981; Powell et 

al. 1996; Tuttle et al. 1997). 

The breeding season for Pacific Coast 

WSPs extends from early March to late 

September with birds at more southerly 

locations nesting earlier in the season 

than birds located farther north (Page et 

al. 1995a). Males establish nesting 

territories from which they advertise for 

mates using calls and behavioral 

displays. Territory sizes can vary from 

about 0.1 to 1.0 ha (0.25 to 2.5 ac) at 

interior sites (Page et al. 1995a). A study 

of coastal plovers found a maximum 

territory size of 0.5 ha (1.2 ac) in coastal 

salt pan habitat, but speculated that 

beach territories may have been larger 

(Warriner et al. 1986). After pair 

formation, both sexes defend the nesting 

territory from other plovers. The 

purpose of such defense is apparently 

unrelated to protection of food resources 

within the territory, since both sexes 

frequently forage in non-territorial areas 

up to 8 km (5 mi) from the nest when 

not incubating, and since the chicks and 

attending adults typically leave the 

nesting territory shortly after hatching 

(Page et al. 1995a). 

Clutches normally consist of three 

eggs laid in a shallow depression 

scraped in the sand by the male. Such 

‘‘nests’’ are typically located in open flat 

areas, often near some conspicuous 

feature such as a piece of driftwood 

(Page and Stenzel 1981, Page et al.

1995a). They are usually located within 

100 m (328 ft) of the shore, but may be 

farther where shore access remains 

unblocked by dense vegetation (Page 

and Stenzel 1981, Page et al. 1995a). 

Pacific Coast WSPs also tend to nest in 

relatively higher densities near fresh 

water or brackish wetlands such as river 

mouths, estuaries, and tidal marshes 

(Page and Stenzel 1981). They use these 

areas both as foraging sites, and in the 

case of freshwater sources, for drinking 

water (Page and Stenzel 1981, Page et al.

1995a). They may also be capable of 

functioning for long-periods without 

fresh water by subsisting on water 

obtained from insect prey (Purdue 1976, 

Page et al. 1995a). 

Both sexes incubate the eggs, but 

females often desert the chicks 

approximately one week after hatching 

(Warriner et al. 1986, Page et al. 1995a). 

This allows the females to nest up to 

three times in a season, particularly in 

more southern areas where nesting 

seasons are longer in duration. Males 

typically stay with the chicks until they 

fledge (take their first flight) about 30 

days after hatching. Newly hatched 

chicks are capable of running and 

foraging almost immediately; from this 

point parental behavior consists of 

defending chicks from other plovers, 

brooding them in cold weather, leading 

them to suitable feeding areas, and 

warning of approaching predators. 

Adults may also employ distraction 

displays to lead predators away from 

their young (Page et al. 1995a). 

After their first chicks fledge, males 

may attempt to raise a new brood of 

chicks with a new partner. Both sexes 

will also readily attempt to raise new 

chicks if they lose an entire clutch of 

eggs or brood of chicks, assuming 

enough time remains in the nesting 

season (Page et al. 1995a). Both clutches 

and broods may be lost due to predators, 

tides and storms, and human 

recreational activities. Examples of the 

latter include both repeated flushings of 

nesting plovers and direct damage to 

nests or to young, resulting from 

humans, dogs, horses or vehicles that 

either approach plover nests too closely 

or actually overrun plovers and nests. 

(Service 1993, Ruhlen et al. 2003). 

Small changes in the adult survival 

rate can have relatively large effects on 

population stability (Nur et al. 1999), so 

the maintenance of quality 

overwintering habitat is important to 

conservation. In western North America, 

both coastal and inland-nesting western 

snowy plovers winter along the coast 

(Page et al. 1995a). Some coastal plovers 

migrate up or down the coast to 

wintering locations, while others remain 

at their nesting beaches. Coastal 

individuals may also migrate some years 

and not others (Warriner et al. 1986, 

Page et al. 1995a). Wintering birds use 

many of the beaches used for nesting, 

but will also winter at several beaches 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75611

where nesting does not occur (Stenzel in 

litt. 2004, Page in litt. 2004). They also 

visit human-made salt ponds, and 

estuarine sand and mud flats (Page et al.

1986). Because coastal plovers can 

switch from being migratory to nonmigratory (Warriner et al. 1986), they 

have the option of staying to nest at a 

hospitable wintering location. Sites that 

have historically supported nesting, but 

which currently only support wintering 

plovers, therefore have the potential to 

attract new nesters relatively quickly if 

appropriate management renders such 

areas suitable for nesting once again. 

This has been successfully carried out at 

Coal Oil Point and Hollywood Beach in 

southern California (M. McCrary, U.S. 

Fish and Wildlife Service, in litt. 2004). 

Such management successes are 

important to conservation, since the loss 

of numerous historical nesting sites was 

a major consideration in their original 

listing (Service 1993). 

Previous Federal Actions 

For a discussion of previous Federal 

actions regarding the Pacific coast 

population of the western snowy plover, 

please see the December 7, 1999, final 

rule to designate critical habitat for the 

Pacific coast population of the western 

snowy plover (64 FR 68508). That rule 

was remanded and partially vacated by 

the United States District Court for the 

District of Oregon on July 2, 2003, in 

order to conduct a new analysis of 

economic impacts (Coos County Board 

of County Commissioners et. al. v. 

Department of the Interior et al., CV 02–

6128, M. Hogan). The court set a 

deadline of December 1, 2004, for 

submittal of a new proposed critical 

habitat designation to the Federal 

Register. The court-established deadline 

for submittal of the final designation is 

September 20, 2005.

In August 2002 we received a petition 

to delist the Pacific Coast WSP from the 

Surf Ocean Beach Commission of 

Lompoc, California. The City of Morro 

Bay submitted substantially the same 

petition dated May 30, 2003. On March 

22, 2004, we published a notice that the 

petition presented substantial 

information to indicate that delisting 

may be warranted (69 FR 13326). We are 

currently conducting both a 12-month 

and a 5-year status review of the 

population under sections 4(b)(3)(B) and 

4(c)(2) of the Act. 

This proposal relies upon the best 

scientific and commercial data available 

to us, including the biological and 

habitat information described in the 

previous final rules, and recognized 

principles of conservation biology. 

Accordingly, this proposal differs from 

the previous critical habitat designation 

for the Pacific Coast WSP and includes 

only those areas we currently consider 

to have habitat features most essential to 

the conservation of the species. 

Critical Habitat 

Critical habitat is defined in section 3 

of the Act as—(i) the specific areas 

within the geographic area occupied by 

a species, at the time it is listed in 

accordance with the Act, on which are 

found those physical or biological 

features (I) essential to the conservation 

of the species and (II) that may require 

special management considerations or 

protection; and (ii) specific areas 

outside the geographic area occupied by 

a species at the time it is listed, upon 

a determination that such areas are 

essential for the conservation of the 

species. ‘‘Conservation’’ means the use 

of all methods and procedures that are 

necessary to bring an endangered or a 

threatened species to the point at which 

listing under the Act is no longer 

necessary. 

Critical habitat receives protection 

under section 7 of the Act through the 

prohibition against destruction or 

adverse modification of critical habitat 

with regard to actions carried out, 

funded, or authorized by a Federal 

agency. Section 7 requires consultation 

on Federal actions that are likely to 

result in the destruction or adverse 

modification of critical habitat. The 

designation of critical habitat does not 

affect land ownership or establish a 

refuge, wilderness, reserve, preserve, or 

other conservation area. Such 

designation does not allow government 

or public access to private lands. 

To be included in a critical habitat 

designation, the habitat within the area 

occupied by the species must first have 

features that are ‘‘essential to the 

conservation of the species.’’ Critical 

habitat designations identify, to the 

extent known using the best scientific 

and commercial data available, habitat 

areas that provide essential life cycle 

needs of the species (i.e., areas on which 

are found the primary constituent 

elements, as defined at 50 CFR 

424.12(b)). If an area occupied by the 

species is designated it is because the 

primary constituent elements area 

currently present in sufficient quantity 

and quality to assure biological 

function. 

Occupied habitat may be included in 

critical habitat only if the essential 

features thereon may require special 

management or protection. Thus, we do 

not include areas where existing 

management is sufficient to conserve 

the species. (As discussed below, such 

areas may also be excluded from critical 

habitat pursuant to section 4(b)(2).) 

Our regulations state that, ‘‘The 

Secretary shall designate as critical 

habitat areas outside the geographical 

area presently occupied by a species 

only when a designation limited to its 

present range would be inadequate to 

ensure the conservation of the species’’

(50 CFR 424.12(e)). Accordingly, when 

the best available scientific and 

commercial data do not demonstrate 

that the conservation needs of the 

species so require, we will not designate 

critical habitat in areas outside the 

geographic area occupied by the species. 

The Service’s Policy on Information 

Standards Under the Endangered 

Species Act, published in the Federal 

Register on July 1, 1994 (59 FR 34271), 

and Section 515 of the Treasury and 

General Government Appropriations 

Act for Fiscal Year 2001 (Pub. L. 106–

554; H.R. 5658) and the associated 

Information Quality Guidelines issued 

by the Service, provide criteria, 

establish procedures, and provide 

guidance to ensure that decisions made 

by the Service represent the best 

scientific and commercial data 

available. They require Service 

biologists to the extent consistent with 

the Act and with the use of the best 

scientific and commercial data 

available, to use primary and original 

sources of information as the basis for 

recommendations to designate critical 

habitat. When determining which areas 

are critical habitat, a primary source of 

information is generally the listing 

package for the species. Additional 

information sources include the 

recovery plan for the species, articles in 

peer-reviewed journals, conservation 

plans developed by States and counties, 

scientific status surveys and studies, 

biological assessments, or other 

unpublished materials and expert 

opinion or personal knowledge. All 

information is used in accordance with 

the provisions of the Data Quality Act. 

Section 4 of the Act requires that we 

designate critical habitat on the basis of 

what we know at the time of 

designation. Habitat is often dynamic, 

and species may move from one area to 

another over time. Furthermore, we 

recognize that designation of critical 

habitat may not include all of the 

habitat areas that may eventually be 

determined to be necessary for the 

recovery of the species. For these 

reasons, critical habitat designations do 

not signal that habitat outside the 

designation is unimportant or may not 

be required for recovery. 

Areas that support populations, but 

are outside the critical habitat 

designation, will continue to be subject 

to conservation actions implemented 

under section 7(a)(1) of the Act and to 

75612 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

the regulatory protections afforded by 

the section 7(a)(2) jeopardy standard, as 

determined on the basis of the best 

available information at the time of the 

action. Federally funded or permitted 

projects affecting listed species outside 

their designated critical habitat areas 

may still result in jeopardy findings in 

some cases. Similarly, critical habitat 

designations made on the basis of the 

best available information at the time of 

designation will not control the 

direction and substance of future 

recovery plans, habitat conservation 

plans, or other species conservation 

planning efforts if new information 

available to these planning efforts calls 

for a different outcome.

Methods 

As required by section 4(b)(2) of the 

Act and regulations at 50 CFR 424.12, 

we used the best scientific data 

available in determining the areas that 

contain habitat features essential to the 

conservation of the Pacific Coast WSP. 

Data sources include research published 

in peer-reviewed articles; previous 

Service documents on the species, 

including the original critical habitat 

designation (Service 1999) and final 

listing determination (Service 1993); 

numerous surveys; and aerial 

photographs and GIS mapping 

information from State sources and in 

our files. 

Our first step was to identify those 

areas occupied by the Pacific Coast WSP 

at the time of listing. The second step 

was to identify, in accordance with 

section 3(5)(A)(i) of the Act and 

regulations at 50 CFR 424.12, the 

physical and biological habitat features 

(also called primary constituent 

elements, or PCEs) at those sites that are 

essential to the conservation of the 

species. We have mapped critical 

habitat unit boundaries at each site 

based on the extent of habitat containing 

sufficient PCEs to support biological 

function. 

The mapping itself was the third step, 

while the fourth and final step was to 

exclude certain units based on sections 

4(a)(3), 3(5)(a), and 4(b)(2) of the Act 

(see Exclusions section below). We 

discuss each of these four steps more 

fully below. 

Criteria Used To Identify Critical 

Habitat 

To identify sites containing habitat 

features most essential to the 

conservation of the Pacific Coast WSP 

(as defined above in our Methods 

section), we applied the following three 

criteria: 

(1) Our first criterion for critical 

habitat unit selection was to choose 

sites in a geographic region capable of 

supporting the most breeding plovers. 

Where appropriate, we adjusted our 

estimates of the number of breeding 

birds a site could support according to 

additional information supplied by 

surveys and by local species and habitat 

experts. 

(2) We added any major, currently 

occupied wintering sites not already 

selected under criterion one. This is 

necessary to provide sufficient habitat 

for the survival of breeding birds during 

the non-breeding season. A ‘‘major’’

wintering site must at least support 

more wintering birds than average for 

the geographical region. 

(3) Finally, we added any additional 

occupied sites that provide unique 

habitat, or that are situated to facilitate 

genetic interchange between otherwise 

widely separated units. This criterion is 

based on standard conservation biology 

principles for the conservation of rare 

and endangered animals and their 

habitats (Shaffer 1981, 1987, 1995; 

Fahrig and Merriam 1985; Gilpin and 

Soule 1986; Goodman 1987a, 1987b; 

Stacey and Taper 1992; Mangel and Tier 

1994; Lesica and Allendorf 1995; Fahrig 

1997; Noss and Csuti 1997; Huxel and 

Hastings 1998; Redford and Richter 

1999; Debinski and Holt 2000; Sherwin 

and Moritz 2000; Grosberg 2002; Noss et 

al. 2002). By protecting a variety of 

habitats and facilitating genetic 

interchange between them, we increase 

the ability of the species to adjust to 

various limiting factors that affect the 

population, such as predators, disease, 

major storms, and inbreeding. 

Primary Constituent Elements 

In accordance with section 3(5)(A)(i) 

of the Act and regulations at 50 CFR 

424.12, we are required to base critical 

habitat determinations on the best 

scientific and commercial data available 

and to consider those physical and 

biological features (primary constituent 

elements (PCEs)) that are essential to the 

conservation of the species, and that 

may require special management 

considerations and protection. These 

include, but are not limited to: space for 

individual and population growth and 

for normal behavior; food, water, air, 

light, minerals, or other nutritional or 

physiological requirements; cover or 

shelter; sites for breeding, reproduction, 

and rearing (or development) of 

offspring; and habitats that are protected 

from disturbance or are representative of 

the historic geographical and ecological 

distributions of a species. 

Our determination of the primary 

constituent elements for the Pacific 

Coast WSP is based on the biological 

needs of the population, and on the 

relationship of those needs to the 

population’s habitat, as indicated and 

summarized below by the best scientific 

data available.

Space for Individual and Population 

Growth and Normal Behavior 

Pacific Coast WSPs establish nesting 

territories, but these can vary widely in 

size and do not provide sufficient 

habitat for foraging (see Background 

section above). Critical habitat must 

therefore extend beyond nesting 

territories to include space for foraging 

and water requirements during the 

nesting season, space for overwintering. 

Food and Water 

Pacific Coast WSPs typically forage in 

open areas by locating prey visually and 

then running to seize it with their beaks 

(Page et al. 1995a). They may also probe 

in the sand for burrowing invertebrates, 

or charge flying insects that are resting 

on the ground, snapping at them as they 

flush. Accordingly they need open areas 

in which to forage, to facilitate both 

prey location and capture. Deposits of 

tide-cast wrack such as kelp or 

driftwood tend to attract certain 

invertebrates, and so provide important 

foraging sites for plovers (Page et al.

1995a). Plovers forage both above and 

below high tide, but not while those 

areas are underwater. Foraging areas 

will therefore typically be limited by 

water on their shoreward side, and by 

dense vegetation or development on 

their landward sides. 

Coastal plovers use sites of fresh 

water for drinking where available, but 

some historic nesting sites, particularly 

in southern California, have no obvious 

nearby freshwater sources. Adults and 

chicks in those areas must be assumed 

to obtain their necessary water from the 

food they eat. Accordingly we have not 

included freshwater sites among the 

primary constituent elements of the 

population. 

Reproduction and Rearing of Offspring 

Pacific Coast WSPs nest in 

depressions in open, relatively flat 

areas, near to tidal waters but far enough 

away to avoid being inundated by daily 

tides. Typical substrate is beach sand, 

but plovers may also lay their eggs in 

existing depressions in harder ground 

such as salt pan, cobblestones or dredge 

tailings. Where available, dune systems 

with numerous flat areas and easy 

access to the shore are particularly 

favored for nesting. Plover nesting areas 

must provide shelter from predators and 

human disturbance, as discussed below. 

Unfledged chicks forage with one or 

both parents, using the same foraging 

areas and behaviors as adults. 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75613

Cover or Shelter 

Plovers and their eggs are well 

camouflaged against light colored, 

sandy or pebbly backgrounds (Page et 

al. 1995a), so open areas with such 

substrates actually constitute shelter for 

purposes of nesting and foraging. Such 

areas provide little cover to predators, 

and allow plovers to fully utilize their 

camouflage and running speed. Chicks 

may also crouch near driftwood, dune 

plants and piles of kelp to hide from 

predators (Page and Stenzel 1981). Open 

areas do not provide shelter from winds 

and storms, however, and these cause 

many nest losses, along with extreme 

high tides. Plovers readily scrape blown 

sand out of their nests, but there is little 

they can do to protect their nests against 

serious storms or flooding other than to 

attempt to lay a new clutch if the old 

one is lost (Page et al. 1995a). 

No studies have quantified the 

amount of vegetation cover that would 

make an area unsuitable for nesting or 

foraging, but coastal nesting and 

foraging locations typically have 

relatively well-defined boundaries 

between open sandy substrate favorable 

to plovers and unfavorably dense 

vegetation inland. Such bounds show 

up well in aerial and satellite 

photographs, which we used to map 

essential habitat features. 

Undisturbed Areas 

Disturbance of nesting or brooding 

plovers by humans and domestic 

animals is a major factor affecting 

nesting success. Plovers leave their 

nests when humans or pets approach 

too closely. Dogs may also deliberately 

chase plovers and trample nests, while 

vehicles may directly crush adults, 

chicks or nests, separate chicks from 

brooding adults, and interfere with 

foraging (Warriner et al. 1986, Service 

1993, Ruhlen et al. 2003). Repeated 

flushing of incubating plovers exposes 

the eggs to the weather and deplete 

energy reserves needed by the adult, 

which may result in reductions to 

nesting success. Surveys at Vandenberg 

Air Force Base, California, from 1994 to 

1997, found the rate of nest loss on 

southern beaches to be consistently 

higher than on north beaches (where 

recreational use was much lower) 

(Persons and Applegate 1997). Ruhlen et 

al. (2003) found that increased human 

activities on Point Reyes beaches 

resulted in a lower chick survival rate. 

Recent efforts in various areas have been 

implemented to isolate nesting plovers 

from recreational beach users through 

the use of docents, symbolic fencing, 

and public outreach have correlated 

with higher nesting success in those 

areas (Page, et al. 2003 (summer 93 

survey), Palermo 2004). 

List of Primary Constituent Elements 

The primary constituent elements for 

the Pacific Coast WSP habitat include: 

(1) Sparsely vegetated areas above 

daily high tides (such as sandy beaches, 

dune systems immediately inland of an 

active beach face, salt flats, seasonally 

exposed gravel bars, dredge spoil sites, 

artificial salt ponds and adjoining 

levees) that are relatively undisturbed 

by the presence of humans, pets, 

vehicles or human-attracted predators 

(essential for reproduction, food, shelter 

from predators, protection from 

disturbance, and space for growth and 

normal behavior). 

(2) Sparsely vegetated sandy beach, 

mud flats, gravel bars or artificial salt 

ponds subject to daily tidal inundation 

but not currently under water, that 

support small invertebrates such as 

crabs, worms, flies, beetles, sand 

hoppers, clams, and ostracods (essential 

for food).

(3) Surf or tide-cast organic debris 

such as seaweed or driftwood located on 

open substrates such as those 

mentioned above (essential to support 

small invertebrates for food, and to 

provide shelter from predators and 

weather for reproduction). 

All areas proposed as critical habitat 

for the Pacific Coast WSP were occupied 

by the species at the time of listing and 

contain sufficient primary constituent 

elements to support essential biological 

function. 

Unoccupied Areas Identified for 

Possible Inclusion 

The Act has different standards for 

designation of critical habitat in 

occupied and unoccupied habitat. For 

areas occupied by the species, these are: 

—(i) The specific areas on which are 

found those physical or biological 

features essential to the conservation of 

the species and that may require special 

management considerations or 

protection. For areas not occupied, a 

determination is required that the entire 

area is essential for the conservation of 

the species before it can be included in 

critical habitat. Congress has also 

cautioned the Service to be 

‘‘exceedingly circumspect’’ in 

designating unoccupied habitat. 

Because Congress has directed us to 

be exceedingly circumspect in including 

unoccupied areas in critical habitat 

designations, we are identifying some 

areas which are currently unoccupied or 

were unoccupied at the time of listing, 

and requesting comment on whether 

they should be included in the 

designation. We seek comment on 

whether all, only a portion, or none of 

the unoccupied areas identified are 

essential to the conservation of the 

population. Areas not being proposed 

due to lack of occupancy are identified 

as such in the Unit Descriptions and 

Map sections. Those areas are: WA 1, 

OR 1A, OR 1B, OR 2, OR 4, OR 5A, OR 

5B, OR 6, OR 8C, OR 10B, OR 10C, OR 

11, OR 12, and CA 11A. 

Mapping 

Our mapping process was based on 

the need to exclude areas that lack 

PCEs, while simultaneously accounting 

for the dynamic nature of beach habitat, 

and of the second PCE above. Our 

mapping process also allowed us to 

provide a reasonable level of certainty to 

landowners regarding the location of 

unit boundaries relative to private 

lands. 

We used Geographic Information 

Systems (GIS) software to establish 

landward bounds for those breeding and 

wintering sites that meet the criteria 

listed above. We drew the landward 

bounds so as to exclude habitat lacking 

PCEs, as determined using the most 

recent digital orthorectified aerial 

photographs available. Since most 

private land is located near the 

landward bounds, and since the 

landward side of the unit is likely to 

change less over time than other sides, 

we set the landward bounds to remain 

fixed in place, defined by the UTM NAD 

27 coordinates of their vertices and 

endpoints (UTM NAD 27 stands for 

‘‘Universal Transverse Mercatur, North 

American Datum 1927,’’ and is a 

convention for projecting points of the 

globe onto a two-dimensional map).

We defined the seaward bounds of 

each unit according to mean low water 

(MLW) (including waters of the Pacific 

Ocean proper, as well as of bays, 

estuaries and rivers where water level is 

significantly influenced by the tides). 

For purposes of estimating unit sizes, 

we approximated MLW in California 

using the most recent GIS projection of 

mean high water (MHW). We chose 

MHW because it is the only 

approximation of the coastline currently 

available in GIS format. We were unable 

to obtain recent GIS maps of MHW or 

MLW for Oregon and Washington; 

therefore, we approximated MLW for 

units in those States based on aerial 

photographs. 

When determining proposed critical 

habitat boundaries, we made every 

effort to avoid proposing the designation 

of developed areas such as buildings, 

paved areas, boat ramps and other 

structures that lack sufficient PCEs to 

support essential biological functions of 

the species as well as areas affected by 

75614 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

the use of the structure. Any such 

structures inadvertently left inside 

proposed critical habitat boundaries are 

not considered part of the proposed 

unit. This also applies to the land on 

which such structures sit directly. 

Therefore, Federal actions limited to 

these areas would not trigger section 7 

consultations, unless they affect the 

species and/or primary constituent 

elements in adjacent critical habitat. 

Special Management Considerations or 

Protections 

When designating critical habitat, we 

assess whether the areas determined to 

contain habitat features essential for 

conservation may require special 

management considerations or 

protections. The threats affecting the 

continued survival and recovery of the 

Pacific Coast WSP within each of the 

proposed critical habitat units and that 

may require special management are 

described in the critical habitat unit 

descriptions that follow. Primary threats 

requiring special management 

considerations include disturbance of 

nesting or foraging plovers by humans, 

vehicles, and domestic animals, high 

levels of predation on eggs and young, 

and loss of habitat due to development 

and encroachment of dune-stabilizing 

vegetation such as European beachgrass 

(Ammophila arenaria) (Service 1993). 

The areas proposed for designation as 

critical habitat will require some level of 

management and/or protection to 

address the current and future threats to 

the Pacific Coast WSP and maintain the 

primary constituent elements essential 

to its conservation in order to ensure the 

overall conservation of the species. The 

designation of critical habitat does not 

imply that lands outside of critical 

habitat do not play an important role in 

the conservation of the plover. Federal 

activities that may affect those 

unprotected areas outside of critical 

habitat are still subject to review under 

section 7 of the Act if they may affect 

the plover. The prohibitions of section 

9 (e.g., harm, harass, capture) also 

continue to apply both inside and 

outside of designated critical habitat. 

Proposed Critical Habitat Designation 

The areas we are proposing as critical 

habitat currently provide all of those 

habitat components necessary to meet 

the primary biological needs of the 

Pacific Coast WSP, as defined by the 

primary constituent elements. The areas 

proposed for designation are those areas 

most likely to substantially contribute to 

conservation of the Pacific Coast WSP, 

which when combined with future 

management of certain habitats suitable 

for restoration efforts, will contribute to 

the long-term survival and recovery of 

the species. 

We are proposing 35 units in 

Washington, Oregon, and California as 

critical habitat for the Pacific Coast 

WSP. All these units are within the 

range occupied by the species, and 

constitute our best assessment at this 

time of the areas containing habitat 

features essential for the conservation of 

the Pacific Coast WSP. The approximate 

area encompassed within each proposed 

critical habitat unit is shown in Table 3, 

below.

TABLE 1.—APPROXIMATE AREA EXCLUDED FROM PROPOSED CRITICAL HABITAT FOR THE PACIFIC COAST WSP 

PURSUANT TO SECTIONS 3(5)(A), 4(A)(3) AND 4(B)(2) OF THE ACT

Location Size Basis of exclusion Applicable section 

of the act 

San Nicholas Island, Ventura County, CA. 1 unit ........................ 524 ac 

(212 ha) 

INRMP* ...................................................... 4(a)(3). 

Salinas River National Wildlife Refuge, Monterey County, CA. 

Part of one unit.

142 ac 

(57 ha) 

CCP* .......................................................... 4(b)2 and 3(5)(a). 

Guadalupe/Nipomo Dunes National Wildlife Refuge, San Luis 

Obispo County, CA. Part of one unit.

235 ac 

(95 ha) 

Plover mgt plan with section 7 consultation.

San Diego, CA. One subunit ........................................................ 23 ac 

(9 ha) 

HCP*.

Marine Corps Base Camp Pendleton, San Diego County, CA. 2 

subunits.

507 ac 

(205 ha) 

Use of area for military training ................. 4(b)(2) alone. 

Naval Amphibious Base, Coronado, San Diego County, CA. 1 

subunit.

144 ac 

(58 ha) 

San Francisco Bay, CA. 6 subunits totaling ................................ 1,847 ac 

(747 ha) 

Multi-agency mgt plan in preparation ........

Total Excluded Area .............................................................. 3,422 ac 

1,385 (ha) 

*INRMP: Integrated Natural Resource Management Plan. 

**CCP: Comprehensive Conservation Plan. 

***HCP: Habitat Conservation Plan. 

TABLE 2.—APPROXIMATE AREA OF ALL LOCATIONS FITTING THE CRITERIA DEFINED ABOVE AND SUPPORTING HABITAT

FEATURES ESSENTIAL TO CONSERVATION (FIRST COLUMN). THESE LOCATIONS ARE BROKEN DOWN ACCORDING TO: 

UNOCCUPIED AREAS NOT PROPOSED (SECOND COLUMN); EXCLUDED AREAS (THIRD COLUMN); AND PROPOSED CRITICAL HABITAT AREA FOR THE PACIFIC COAST WSP (FOURTH COLUMN) 

Areas with essential features Unoccupied areas not proposed Excluded areas Total proposed critical habitat 

22,359 (9,048 ha) .......................... 1,638 ac (663 ha) ......................... 3,422 ac (1,385 ha) ...................... 17,299 ac (7,001 ha). 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75615

TABLE 3.—CRITICAL HABITAT UNITS PROPOSED FOR THE PACIFIC COAST WSP 

Unit Proposed? Federal State/

local Private 

Total 

acres ha acres ha acres 

Washington

WA 1. Copalis Spit ........................... No ................ 0 0 446 180.5 0 0 446 180.5 

WA 2. Damon Pt, Oyhut ................... Yes .............. 0 0 908 368 0 0 908 368 

WA 3. Midway Beach ....................... Yes .............. 0 0 266 108 520 210 786 318 

WA 4. Leadbetter Pt ......................... Yes .............. 270 109 627 254 172 70 1,069 433 

Subtotal ..................................... ..................... 270 109 1,801 729 692 280 2,763 1,118 

Oregon

OR 1. Clatsop Spit: 

OR 1A. Columbia River Spit ..... No ............... 65 26.3 0 0 0 0 65 26.3 

OR 1B. Necanicum River Spit .. No ................ 0 0 78 31.6 0 0 78 31.6 

OR 2. Nehalem River Spit ................ No ................ 0 0 145 58.7 0 0 145 58.7 

OR 3. Bayocean Spit ........................ Yes .............. 85 34 122 49 0 0 207 84 

OR 4. Netarts Spit ............................ No ................ 0 0 143 57.9 0 0 143 57.9 

OR 5. Sand Lake: 

OR 5A. Sand Lake North .......... No ................ 0 0 38 15.4 0 0 38 15.4 

OR 5B. Sand Lake South ......... No ................ 0 0 0 0 104 42.1 104 42.1 

OR 6. Nestucca River Spit ............... No ................ 0 0 147 59.5 0 0 147 59.5 

OR 7. Sutton/Baker Beaches ........... Yes .............. 260 105 0 0 0 0 260 105 

OR 8. Siltcoos to Tenmile: 

OR 8A. Siltcoos River Spit ........ Yes .............. 188 76 0 0 0 0 188 76 

OR 8B. Dunes Overlook/

Tahkenitch Creek Spit.

Yes .............. 375 152 0 0 0 0 375 152 

OR 8C. N Umpqua River Spit ... No ................ 74 29.9 37 15 0 0 111 44.9 

OR 8D. Tenmile Creek Spit ...... Yes .............. 235 95 0 0 0 0 235 95 

OR 9. Coos Bay N Spit .................... Yes .............. 278 113 0 0 0 0 278 113 

OR 10. Bandon/Cape Blanco: 

OR 10A. Bandon to Floras Lk ... Yes .............. 321 130 196 79 163 66 680 275 

OR 10B. Sixes River Spit .......... No ................ 0 0 73 29.5 0 0 73 29.5 

OR 10C. Elk River Spit ............. No ................ 0 0 0 0 88 35.6 88 35.6 

OR 11. Euchre Creek Spit ............... No ................ 0 0 0 0 75 30.4 75 30.4 

OR 12. Pistol River Spit ................... No ................ 0 0 116 46.9 0 0 116 46.9 

Subtotal .............................. ..................... 1,742 705 318 129 163 66 2,223 900 

California

CA 1. Lake Earl ................................ Yes .............. 0 0 13 5 78 32 91 37 

CA 2. Big Lagoon ............................. Yes .............. 0 0 280 113 0 0 280 113 

CA 3. McKinleyville Area: 

CA 3A. Clam Beach/Little Riv ... Yes .............. 0 0 131 53 24 10 155 63 

CA 3B. Mad River ..................... Yes .............. 0 0 161 65 217 88 377 153 

CA 4. Eel River Area: 

CA 4A. Humboldt Bay, S Spit ... Yes .............. 20 8 354 143 0 0 375 152 

CA 4B. Eel Riv N Spit/Beach .... Yes .............. 0 0 278 112 5 2 283 114 

CA 4C. Eel Riv S Spit/Beach .... Yes .............. 0 0 4 2 397 161 402 163 

CA 4D. Eel River Gravel Bars .. Yes .............. 0 0 255 103 938 379 1,193 483 

CA 5. MacKerricher Beach ............... Yes .............. 0 0 1,017 412 31 13 1,048 424 

CA 6. Manchester Beach ................. Yes .............. 0 0 336 136 5 2 341 138 

CA 7. Dillon Beach ........................... Yes .............. 0 0 0 0 30 12 30 12 

CA 8. Pt Reyes Beach ..................... Yes .............. 462 187 0 0 0 0 462 187 

CA 9. Limantour Spit ........................ Yes .............. 124 50 0 0 0 0 124 50 

CA 10. Half Moon Bay ..................... Yes .............. 0 0 37 15 0 0 37 15 

CA 11. Santa Cruz Coast: 

CA 11A. Waddell Cr Beach ...... No ................ 0 0 8.1 3.3 1.3 0.5 9.3 3.8 

CA 11B. Scott Cr. Beach .......... Yes .............. 0 0 0 0 19 8 19 8 

CA 11C. Wilder Cr. Beach ........ Yes .............. 0 0 10 4 0 0 10 4 

CA 12. Monterey Bay Beaches: 

CA 12A. Jetty Rd to Aptos ........ Yes .............. 0 0 272 110 0 0 272 110 

CA 12B. Elkhorn Sl Mudflat ...... Yes .............. 0 0 281 114 0 0 281 114 

CA 12C. Monterey—Moss Lnd Yes .............. 10 4 792 321 0 0 803 325 

CA 13. Pt Sur Beach ........................ Yes .............. 0 0 61 25 0 0 61 25 

CA 14. San Simeon Beach .............. Yes .............. 0 0 28 11 0 0 28 11 

CA 15. Estero Bay Beaches: 

CA 15A. Villa Cr Beach ............. Yes .............. 0 0 17 7 0 0 17 7 

CA 15B. Atascadero Beach ...... Yes .............. 0 0 144 58 0 0 144 58 

CA 15C. Morro Bay Beach ....... Yes .............. 0 0 611 247 0 0 611 247 

CA 16. Pismo Beach/Nipomo ........... Yes .............. 0 0 770 312 499 202 1,269 513 

75616 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

TABLE 3.—CRITICAL HABITAT UNITS PROPOSED FOR THE PACIFIC COAST WSP—Continued

Unit Proposed? Federal State/

local Private 

Total 

acres ha acres ha acres 

CA 17. Vandenberg 

CA 17A. Vandenberg North ...... Yes .............. 626 253 0 0 0 0 626 253 

CA 17B. Vandenberg South ...... Yes .............. 304 123 0 0 0 0 304 123 

CA 18. Devereaux Beach ................. Yes .............. 0 0 36 15 0 0 36 15 

CA 19. Oxnard Lowlands: 

CA 19A. Mandalay to Santa 

Clara R Mouth.

Yes .............. 0 0 245 99 105 42 350 142 

CA 19B. Ormond Beach ........... Yes .............. 0 0 203 82 0 0 203 82 

CA 19C. Mugu Lagoon N .......... Yes .............. 321 130 0 0 0 0 321 130 

CA 19D. Mugu Lagoon S .......... Yes .............. 69 28 18 7 0 0 87 35 

CA 20. Zuma Beach ......................... Yes .............. 0 0 60 24 8 3 68 28 

CA 21. Santa Monica Bay: 

CA 21A. Santa Monica Beach .. Yes .............. 0 0 6 2 19 8 25 10 

CA 21B. Dockweiler N .............. Yes .............. 0 0 43 17 0 0 43 17 

CA 21C. Dockweiler S .............. Yes .............. 0 0 13 5 11 5 24 10 

CA 21D. Hermosa Beach .......... Yes .............. 0 0 10 4 0 0 10 4 

CA 22. Bolsa Chica Area: 

CA 22A. Bolsa Chica Reserve .. Yes .............. 0 0 0 0 591 239 591 239 

CA 22B. Huntington St. Beach Yes .............. 0 0 4 2 0 0 4 2 

CA 23. Santa Ana River Mouth ........ Yes .............. 0 0 12 5 1 0 13 5 

CA 24. San Onofre St Beach ........... Yes .............. 3 1 46 19 9 4 58 24 

CA 25. Batiquitos Lagoon: 

CA 25A Batiquitos West ............ Yes .............. 0 0 15 6 6 3 21 9 

CA 25B. Batiquitos Middle ........ Yes .............. 0 0 15 6 8 3 23 9 

CA 25C. Batiquitos East ........... Yes .............. 0 0 0 0 21 8 21 8 

CA 26. Los Penasquitos ................... Yes .............. 0 0 24 10 0 0 24 10 

CA 27. S San Diego: 

CA 27A. North Island N. ........... Yes .............. 117 47 0 0 0 0 117 47 

CA 27B. North Island S. ............ Yes .............. 68 28 0 0 0 0 68 28 

CA 27C. Silver Strand ............... Yes .............. 75 30 96 39 3 1 174 70 

CA 27D. Delta Beach ................ Yes .............. 85 35 0 0 0 0 85 35 

CA 27E. Sweetwater NWR ....... Yes .............. 77 31 0 0 51 21 128 52 

CA 27F. Tijuana River Beach ... Yes .............. 84 34 76 31 22 9 182 74 

Subtotal .............................. ..................... 2,444 989 6,774 2,741 3,095 1,253 12,313 4,983 

Total ............................ ..................... 4,456 1,804 8,893 3,599 3,950 1,599 17,299 7,001 

Unit Descriptions 

The proposed units described below 

all contain habitat features essential for 

the conservation of the Pacific Coast 

WSP, as defined in the ‘‘Primary 

Constituent Elements’’ section above. 

All units are located within the range of 

the population, in the states of 

Washington, Oregon, and California. 

They are all considered currently 

occupied (with documented use by 

plovers since 2000), unless otherwise 

noted. Those units not currently 

occupied are considered essential to the 

conservation of the population for the 

reasons provided in the description. 

Washington 

WA 1, Copalis Spit, 446 ac (180.5 ha): 

(Unoccupied Area, Identified for 

Possible Inclusion)

This is the northernmost unit in the 

range of the species. Copalis Spit is 

located along the central Washington 

coast, approximately 20 miles (mi) (32.2 

kilometers (km) northwest of Hoquiam. 

It is a 1.4 mi (2.25 km) long sand spit 

that is bounded on the landward side by 

the Copalis River. The unit consists of 

a long sandy beach with sparsely 

vegetated dunes that extend to the river, 

providing nesting and foraging 

opportunities as well as protection from 

the weather. The recent northward shift 

of Connor Creek washed out the beach 

access road at the southern end, 

effectively closing the area to motorized 

vehicles. Because of its relatively remote 

location, the area receives little human 

use. The spit historically supported 6 to 

12 nesting pairs of plovers, but no use 

has been documented since 1984 

(WDFW 1995). The unit is entirely 

within Griffith Priday State Park (WA 

State Parks). The primary threat to the 

unit at this time is erosion caused by the 

northward movement of Connor Creek. 

While this natural occurrence is limiting 

human use in the area, it has resulted 

in a gradual but steady decline in 

available habitat over the past 50 years. 

Habitat restoration (beachgrass 

eradication) would improve the 

likelihood for plovers to recolonize the 

site in the future. 

WA 2, Damon Point/Oyhut Wildlife 

Area, 908 ac (368 ha) 

This unit is located at the southern 

end of the community of Ocean Shores 

and is a sandy spit that extends into 

Grays Harbor. Damon Point includes the 

following features essential to the 

conservation of the species: sandy 

beaches that are relatively undisturbed 

by human or tidal activity (nesting 

habitat), large expanses of sparsely 

vegetated barren terrain, and mudflats 

and sheltered bays that provide ample 

foraging areas. Research in the mid 

1980’s indicated that up to 20 snowy 

plovers used the area for nesting. Plover 

use has declined somewhat over the 

past 20 years; currently between 6 and 

9 adult birds use the site during the 

breeding season (average reproductive 

success at Damon is 1.5 chicks per male) 

(WDFW in litt. 2003). The conservation 

goal for WA 2 is 12 adult plovers. 

Approximately 99 percent of the 908-

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75617

acre unit is administered by the State 

(Washington Department of Fish and 

Wildlife—227 ac (92 ha); Washington 

State Parks—63.6 ac (25.7 ha); and 

Washington Department of Natural 

Resources—605.6 ac (245.1 ha)). The 

western edge of the unit lies adjacent to 

a municipal wastewater treatment 

facility that is managed by the City of 

Ocean Shores (9 ac (3.6 ha)). As with 

Copalis Spit, the access road has 

washed out and the area is currently 

inaccessible to motorized vehicles. The 

primary threats to plovers at this time 

are recreational use (pedestrians with 

dogs), habitat loss from European 

beachgrass, and potential re-opening of 

the vehicle access road. 

WA 3, Midway Beach, 786 ac (318 ha) 

This unit is located between the 

community of Grayland and Willapa 

Bay and covers an area called Twin 

Harbors Beaches. Midway is an 

expansive beach and is nearly 0.5 mi 

(0.8 km) wide at the widest point. Beach 

accretion since 1998 has greatly 

improved habitat conditions, resulting 

in the re-establishment of a plover 

population at this site (WDFW in litt.

2000). Nearly half of the birds that nest 

and/or over-winter at Midway were 

banded in Oregon or Humboldt County, 

California (WDFW in litt. 2003). Threats 

at Midway include motorized vehicles 

combined with a lack of enforcement of 

the wet sand driving restrictions and 

human activity on holiday weekends 

(e.g., Fourth of July fireworks). Although 

public access is restricted on private 

property, beach driving is permitted 

below MHW. Approximately 2/3 (about 

520 ac (210.4 ha)) of this unit is on 

private property with the remainder 

(266 ac (107.6 ha)) on State park lands. 

Private property rights extend to the 

mean low water line (MLW) in 

Washington State. The conservation 

goal for Midway Beach is 30 adult 

breeding birds. Twenty-eight plovers 

nested at this site during the 2003 

breeding season, and the site has shown 

a relatively high average annual 

production of 1.3 to 1.9 chicks per male 

(WDFW in litt. 2003). 

WA 4, Leadbetter Point/Gunpowder 

Sands, 1,069 ac (433 ha) 

The Leadbetter Point/Gunpowder 

Sands unit is located at the northern 

end of the Long Beach Peninsula, a 26-

mi (41.8-km) long spit that defines the 

west side of Willapa Bay and extends 

down to the mouth of the Columbia 

River. The unit is located just north of 

the community of Ocean Park. The end 

of the spit is within the Willapa 

National Wildlife Refuge. The refuge 

jurisdiction extends to the mean high 

-tide mark. The beach below high tide 

is administered by the Washington 

Department of Natural Resources, and 

State regulations, including seasonal 

motorized vehicle access and 

recreational use, apply to this area. The 

area of the beach that falls under State 

jurisdiction is included in the unit. 

Leadbetter is the largest of the four 

proposed critical habitat units in 

Washington and covers approximately 

1,069 ac (433 ha) and over 7 mi (11.3 

km) of coastline. Two hundred seventy 

acres (109.3 ha) of WA 4 is on Willapa 

National Wildlife Refuge. The Refuge 

has a plover management plan, which 

has not yet undergone section 7 

consultation. Six hundred twenty -seven 

acres (253.7 ha) of WA 4 are on State 

lands, generally below the mean high 

water line (MHW). Another 172 ac (69.6 

ha) of the unit are on private land. Since 

Leadbetter National Wildlife Refuge 

extends to the mean high -water line, 

the area below MHW makes up an 

important portion of this unit. We 

therefore used historic aerial photos to 

estimate a more typical seaward 

boundary of the north end of the spit. 

As with the other units, however, the 

true seaward boundary is the edge of the 

tidal water. Approximately 30 snowy 

plovers nest and over-winter on the spit, 

with about 20–25 birds nesting north of 

the Refuge boundary and 5–10 birds 

using the State park and private beaches 

to the south (Service in litt. 2004). The 

unit provides sandy beaches and 

sparsely vegetated dunes for nesting as 

well as miles of surf-cast organic debris 

and sheltered bays for foraging. The 

combined dynamics of weather and surf 

cause large quantities of wood and shell 

material to accumulate on the spit, 

providing prime nesting habitat, hiding 

areas from predators, foraging 

opportunities, and shelter from 

inclement weather for plover broods. 

The plover population at Leadbetter has 

been slowly increasing since monitoring 

began in 1993 and we consider the area 

capable of supporting up to 30 breeding 

plovers given appropriate management. 

The primary threat is human 

disturbance during spring razor clam 

season, which opens beaches to 

motorized vehicles and provides access 

into plover nesting areas that normally 

receive limited human use. Beaches 

south of the Refuge are open to public 

use. The State Parks department is 

considering posting areas being used by 

plovers and increasing enforcement of 

the wet sand driving regulations 

(Service in litt. 2004).

Oregon 

OR 1. Clatsop Spit: (Unoccupied Area, 

Identified for Possible Inclusion) 

Although the unit is currently 

occupied (L. Kelly, Service, in litt. 

2003), it was not occupied at the time 

of listing (F. Seavey, Service in litt. 

2004). 

Subunit OR 1A, Columbia River South 

Spit, 65 ac (26 ha): (Unoccupied Area, 

Identified for Possible Inclusion) 

This subunit is on the northwestern 

coast of Clatsop County, Oregon, about 

20 miles (32.2 km) northwest of the City 

of Astoria. It is bounded by the 

Columbia River and Fort Stevens State 

Park and is located about 1 mi (1.6 km) 

east of the base of the Columbia River 

South Jetty. The subunit is characteristic 

of a dune-backed beach adjacent to mud 

flats and an estuary. It includes the 

following features essential to the 

conservation of the species (PCEs): 

Areas of sandy beach relatively 

undisturbed by human or tidal activity 

(for nesting and foraging); areas of sandy 

beach above and below the high-tide 

line with occasional surf-cast wrack 

supporting small invertebrates (for 

foraging); and close proximity to tidally 

influenced estuarine mud flats (for 

foraging). This subunit is part of a larger 

unit of the 17-mile (27.4 km) Clatsop 

Plains that is located between the 

Necanicum River to the south and the 

Columbia River to the north. Most 

recently documented plovers for the 

Clatsop Plains include one breeding 

plover in 1983 and 1 wintering plover 

in 1985 (ODFW in litt. 1994). The 

subunit consists of 65 ac (26 ha) of 

federally owned land. The Oregon Parks 

and Recreation Department manages the 

subunit under a Department of Army 

license. The primary threats that may 

require special management in this 

subunit are introduced European 

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans, dogs, and offhighway vehicles (OHVs) in important 

foraging and nesting areas; and 

predators such as the American crow 

and common raven. 

Subunit OR 1B, Necanicum River Spit, 

78 ac (32 ha): (Unoccupied Area, 

Identified for Possible Inclusion) 

This subunit is on the western coast 

of Clatsop County, Oregon, next to the 

City of Gearhart and less than 1 mi (1.6 

km) north of the City of Seaside. It is 

bounded by the Necanicum River 

estuary on the south, City of Gearhart to 

the east, and the Pacific Ocean to the 

west. The subunit is characteristic of a 

dune-backed beach adjacent to mud 

75618 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

flats and an estuary. It includes the 

following features essential to the 

conservation of the species: Wide sand 

spits or washovers relatively 

undisturbed by human or tidal activity 

and sparsely vegetated (for nesting and 

foraging); areas of sandy beach above 

and below the high-tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

estuarine mud flats (for foraging). This 

subunit is part of a larger unit of the 17-

mi (27.4 km) Clatsop Plains that is 

located between the Necanicum River to 

the south and the Columbia River to the 

north. Two breeding plovers were 

documented in this subunit in 2002 

(Lauten et al. in litt. 2003). This subunit 

consists of 55 State-owned acres (22 ha) 

and 23 city-owned acres (9 ha). The 

Oregon Parks and Recreation 

Department is the primary land 

manager. Threats that may require 

special management in this subunit are 

introduced European beachgrass that 

encroaches on the available nesting and 

foraging habitat; disturbance from 

humans, dogs, and OHVs in important 

foraging and nesting areas; and 

predators such as American crow and 

raccoons. 

OR 2, Nehalem River Spit, 145 ac (59 

ha): (Unoccupied Area, Identified for 

Possible Inclusion) 

This unit is on the northwestern coast 

of Tillamook County, Oregon next to the 

City of Manzanita and about 19 miles 

(30.6 km) northwest of the City of 

Tillamook. It is bounded by Nehalem 

Bay on the east, the City of Manzanita 

to the north, and the Pacific Ocean to 

the west. The unit is characteristic of a 

dune-backed beach and sand spit 

adjacent to mud flats and an estuary. It 

includes the following features essential 

to the conservation of the species: A 

wide sand spit or washover area 

relatively undisturbed by human or 

tidal activity and sparsely vegetated (for 

nesting and foraging); areas of sandy 

beach above and below the high tide 

line with occasional surf-cast wrack 

supporting small invertebrates (for 

foraging); and close proximity to tidally 

influenced estuarine mud flats (for 

foraging). One breeding plover was 

documented in this unit in 1984 (ODFW 

in litt. 1994). This unit provides habitat 

capable of supporting four breeding 

plovers under proper management. The 

unit consists of 145 State-owned acres 

(58.7 ha) and is managed by the Oregon 

Parks and Recreation Department as part 

of the Nehalem Bay State Park. The 

primary threats that may require special 

management in this unit are introduced 

European beachgrass that encroaches on 

the available nesting and foraging 

habitat, disturbance from humans and 

dogs in important foraging and nesting 

areas, and predators such as American 

crows and common ravens. 

OR 3, Bayocean Spit, 207 ac (84 ha) 

This unit is on the western coast of 

Tillamook County, Oregon, and about 8 

mi (12.9 km) northwest of the City of 

Tillamook. It is bounded by Tillamook 

Bay on the east, the Tillamook Bay 

South Jetty to the north, and the Pacific 

Ocean to the west. The unit is 

characteristic of a dune-backed beach in 

close proximity to mud flats and an 

estuary. It includes the following 

features essential to the conservation of 

the species (PCEs): large areas of sandy 

dune relatively undisturbed by human 

or tidal activity (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

estuarine mud flats (for foraging). Two 

breeding plovers and one wintering 

plover were documented in this unit in 

1993 and 2000, respectively (ODFW in 

litt. 1994; Service in litt. 2004). This unit 

contributes significantly to the 

conservation goal for the region by 

providing habitat capable of supporting 

16 breeding plovers under proper 

management. The unit consists of 85 ac 

(34.4 ha) of federally owned land and 

122 ac (49.4 ha) of county-owned land. 

The primary threats that may require 

special management in this unit are 

introduced European beachgrass that 

encroaches on the available nesting and 

foraging habitat; disturbance from 

humans, dogs and horses in important 

foraging and nesting areas; and 

predators such as the common raven.

OR 4, Netarts Spit, 143 ac (58 ha): 

(Unoccupied Area, Identified for 

Possible Inclusion) 

This unit is on the western coast of 

Tillamook County, Oregon, about 5 mi 

(8.0 km) southwest of the City of 

Tillamook. It is bounded by the Pacific 

Ocean to the west and Netarts Bay to the 

east and the north. The unit is 

characteristic of a dune-backed beach 

and sand spit in close proximity to mud 

flats. It includes the following features 

essential to the conservation of the 

species: Wide sand spits or washovers 

and large areas of sandy dune relatively 

undisturbed by human or tidal activity 

and sparsely vegetated (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

mud flats (for foraging). The unit is 

considered unoccupied, although three 

breeding plovers were documented in 

this unit in 1982 (ODFW in litt. 1994). 

The unit consists of 143 State-owned 

acres (57.9 ha) managed by Oregon 

Parks and Recreation Department as 

Cape Lookout State Park. The primary 

threats that may require special 

management in this subunit are 

introduced European beachgrass that 

encroaches on the available nesting and 

foraging habitat, disturbance from 

humans and dogs in important foraging 

and nesting areas, and predators such as 

the common raven. 

OR 5. Sand Lake: (Unoccupied Area, 

Identified for Possible Inclusion) 

This unit includes two subunits, one 

each on the north and south spits of 

Sand Lake estuary. Most recently 

documented plovers for the Sand Lake 

unit include four breeding plovers in 

1986 (ODFW in litt. 1994). 

Subunit OR 5A, Sand Lake North, 38 ac 

(15.4 ha): (Unoccupied Area, Identified 

for Possible Inclusion) 

This subunit is on the southwestern 

coast of Tillamook County, Oregon, 

about 7 miles (11.3 km) north of Pacific 

City. It is bounded by the Sand Lake 

estuary to the south, the Siuslaw 

National Forest’s Sand Lake National 

Recreation Area to the north, and the 

Pacific Ocean to the west. The subunit 

is characteristic of a dune-backed beach 

and sand spit in close proximity to mud 

flats and an estuary. It includes the 

following features essential to the 

conservation of the species: Wide sand 

spits or washovers and sparsely 

vegetated areas of sandy dune relatively 

undisturbed by human or tidal activity 

(for nesting and foraging); areas of sandy 

beach above and below the high tide 

line with occasional surf-cast wrack 

supporting small invertebrates (for 

foraging); and close proximity to tidally 

influenced mud flats (for foraging). The 

subunit consists of 38 county-owned 

acres (15.4 ha). The primary threats that 

may require special management in this 

subunit are introduced European 

beachgrass that encroaches on the 

available nesting and foraging habitat, 

disturbance from humans and dogs in 

important foraging and nesting areas, 

and predators such as American crows 

and common ravens.

Subunit OR 5B, Sand Lake South, 104 

ac (42.1 ha): (Unoccupied Area, 

Identified for Possible Inclusion) 

This subunit is on the southwestern 

coast of Tillamook County, Oregon, 

about 7 mi (11.3 km) north of Pacific 

City. It is bounded by the Pacific Ocean 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75619

to the west and the Sand Lake estuary 

to the north and east. The subunit is 

characteristic of a dune-backed beach 

and sand spit in close proximity to mud 

flats and an estuary. It includes the 

following features essential to the 

conservation of the species: Wide sand 

spits or washovers and sparsely 

vegetated areas of sandy dune relatively 

undisturbed by human or tidal activity 

(for nesting and foraging); areas of sandy 

beach above and below the high tide 

line with occasional surf-cast wrack 

supporting small invertebrates (for 

foraging); and close proximity to tidally 

influenced mud flats (for foraging). The 

subunit consists of 104 privately owned 

acres (42.1 ha). The primary threats that 

may require special management in this 

subunit are introduced European 

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans, dogs, and 

OHVs in important foraging and nesting 

areas; and predators such as the 

common raven. 

OR 6, Nestucca River Spit, 147 ac (59.5 

ha): (Unoccupied Area, Identified for 

Possible Inclusion) 

This unit is on the southwestern coast 

of Tillamook County, Oregon, next to 

Pacific City and about 20 mi (32.2 km) 

southwest of the City of Tillamook. It is 

bounded by Pacific City to the north, 

Nestucca Bay to the east and south, and 

the Pacific Ocean to the west. The unit 

is characteristic of a dune-backed beach 

and sand spit in close proximity to mud 

flats and an estuary. It includes the 

following features essential to the 

conservation of the species: Wide sand 

spits or washovers relatively 

undisturbed by human or tidal activity 

and sparsely vegetated (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

estuarine mud flats (for foraging). Most 

recently documented plovers for this 

unit include 2 breeding plovers in 1988 

(ODFW in litt. 1994). We therefore 

consider this unit to be currently 

unoccupied. The unit consists of 147 

State-owned acres (59.5 ha) and is 

managed by the Oregon Parks and 

Recreation Department as Robert W. 

Straub State Park. The primary threats 

that may require special management in 

this subunit are introduced European 

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans, dogs and 

horses in important foraging and nesting 

areas; and predators such as American 

crows and common ravens. 

OR 7, Sutton/Baker Beaches, 260 ac 

(105.2 ha) 

This unit is on the western coast of 

Lane County, Oregon, about 8 mi (12.9 

km) north of the City of Florence. It is 

bounded by Sutton Creek to the south, 

Heceta Head to the north, and the 

Pacific Ocean to the west. The unit is 

characteristic of a dune-backed beach 

and wide sand spits with overwash 

areas. It includes the following features 

essential to the conservation of the 

species: large areas of sandy dunes or 

sand spit overwashes relatively 

undisturbed by human or tidal activity 

(for nesting and foraging) and areas of 

sandy beach above and below the high 

tide line with occasional surf-cast wrack 

supporting small invertebrates (for 

foraging). Most recently documented 

plovers for this unit include an average 

of 2 breeding plovers in 2003 and 8 

wintering plovers in 2004 (Lauten et al. 

in litt. 2003; Service in litt. 2004). This 

unit is capable of supporting 12 

breeding plovers under proper 

management. The unit consists of 260 

federally owned ac (105.2 ha) managed 

by the U.S. Forest Service in Siuslaw 

National Forest. The primary threats 

that may require special management in 

this unit are introduced European 

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans, dogs and 

horses in important foraging and nesting 

areas; and predators such as the 

American crow and common raven. 

OR 8. Siltcoos to Tenmile 

This unit includes four subunits, all 

within five miles of each other in Lane, 

Douglas and Coos Counties, Oregon. 

Subunit OR 8A, Siltcoos River Spit, 188 

ac (76.1 ha) 

This subunit is on the southwestern 

coast of Lane County, Oregon, about 7 

mi (11.3 km) southwest of the City of 

Florence. It includes the sand spits to 

the north and south of the Siltcoos River 

and is bounded by the Pacific Ocean to 

the west. The subunit is characteristic of 

a dune-backed beach and sand spit in 

close proximity to a tidally influenced 

river mouth. It includes the following 

features essential to the conservation of 

the species: Wide sand spits or 

washovers and sparsely vegetated areas 

of sandy dune relatively undisturbed by 

human or tidal activity (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

freshwater areas (for foraging). Most 

recently documented plovers for this 

subunit include an average of six 

breeding plovers in 2003 and 20 

wintering plovers in 2004 (Lauten et al. 

in litt. 2003; Service in litt. 2004). This 

subunit, in conjunction with subunit OR 

8B, below, is capable of supporting 20 

breeding plovers under proper 

management. The subunit consists of 

188 federally owned acres (76.1 ha) 

managed by the U.S. Forest Service as 

the Oregon Dunes National Recreation 

Area in the Siuslaw National Forest. 

The primary threats that may require 

special management in this subunit are 

introduced European beachgrass that 

encroaches on the available nesting and 

foraging habitat; disturbance from 

humans, dogs and OHVs in important 

foraging and nesting areas; and 

predators such as the American crow 

and common raven.

Subunit OR 8B, Dunes Overlook/

Tahkenitch Creek Spit, 375 ac (151.8 

ha). 

This subunit is on the northwestern 

coast of Douglas County, Oregon, about 

10 mi (16.1 km) northwest of the City 

of Reedsport. It is bounded by 

Tahkenitch Creek to the south, Carter 

Lake to the north and the Pacific Ocean 

to the west. The subunit is characteristic 

of a dune-backed beach and sand spit. 

It includes the following features 

essential to the conservation of the 

species: wide sand spits or washovers 

and sparsely vegetated areas of sandy 

dune relatively undisturbed by human 

or tidal activity (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

freshwater areas (for foraging). Most 

recently documented plovers for this 

subunit include an average of seven 

breeding plovers in 2003 and one 

wintering plover in 2000 (Lauten et al.

in litt.; 2003; Service in litt. 2004). This 

subunit is capable of supporting 20 

breeding plovers in conjunction with 

subunit OR 8A (above) under proper 

management. The subunit consists of 

375 federally owned acres (151.8 ha) 

managed by the U.S. Forest Service as 

the Oregon Dunes National Recreation 

Area. The primary threats that may 

require special management in this 

subunit are introduced European 

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans, dogs and 

OHVs in important foraging and nesting 

areas; and predators such as the 

American crow and common raven. 

75620 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

Subunit OR 8C, North Umpqua River 

Spit, 111 ac (44.9 ha): (Unoccupied 

Area, Identified for Possible Inclusion) 

This subunit is on the western coast 

of Douglas County, Oregon, about 5 mi, 

(8.0 km) west of the City of Reedsport. 

It is bounded by the Umpqua River 

North Jetty to the south and the Pacific 

Ocean to the west. The subunit is 

characteristic of a dune-backed beach. It 

includes the following features essential 

to the conservation of the species: areas 

of sandy beach above and below the 

high tide line with occasional surf-cast 

wrack supporting small invertebrates 

(for nesting and foraging). This subunit 

is capable of supporting four breeding 

plovers under proper management. The 

subunit consists of 74 ac (29.9 ha) of 

federally owned land and 37 ac (15 ha) 

of State-owned land. The primary land 

manager is the U.S. Forest Service for 

the Oregon Dunes National Recreation 

Area. Threats that may require special 

management in this subunit are 

introduced European beachgrass that 

encroaches on the available nesting and 

foraging habitat; disturbance from OHVs 

in important foraging and nesting areas; 

and predators such as the American 

crow and common raven. 

Subunit OR 8D, Tenmile Creek Spit, 235 

ac (95.1 ha) 

This subunit is on the northwestern 

coast of Coos County, Oregon, about 12 

mi, (19.3 km) southwest of the City of 

Reedsport. It includes the sand spits and 

beaches to the north and south of the 

Tenmile River and is bounded by the 

Pacific Ocean to the west. The subunit 

is characteristic of a dune-backed beach 

and sand spit. It includes the following 

features essential to the conservation of 

the species: Wide sand spits or 

washovers and sparsely vegetated areas 

of sandy dune relatively undisturbed by 

human or tidal activity (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for nesting and 

foraging); and close proximity to tidally 

influenced freshwater areas (for 

foraging). The most recently 

documented plovers for this subunit 

include an average of 10 breeding and 

eight wintering plovers in 2003 (Lauten 

et al. in litt. 2003; Service in litt. 2004). 

This subunit is capable of supporting 20 

breeding plovers under proper 

management. The subunit consists of 

235 federally owned acres (95.1 ha) 

managed as the Oregon Dunes National 

Recreation Area by the U.S. Forest 

Service. The primary threats that may 

require special management in this 

subunit are introduced European 

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans and dogs in 

important foraging and nesting areas; 

and predators such as the American 

crow and common raven.

OR 9, Coos Bay North Spit, 278 ac 

(112.5 ha) 

This unit is on the western coast of 

Coos County, Oregon, about 5 mi (8.0 

km) west of the City of Coos Bay. It is 

bounded by Coos Bay to the east, the 

Coos Bay North Jetty to the south, and 

the Pacific Ocean to the west. The unit 

is characteristic of a dune-backed beach 

and interior interdune flats created 

through dredge material disposal or 

through habitat restoration. It includes 

the following features essential to the 

conservation of the species (PCEs): 

Expansive sparsely vegetated interdune 

flats (for nesting and foraging); areas of 

sandy beach above and below the high 

tide line with occasional surf-cast wrack 

supporting small invertebrates (for 

nesting and foraging); and close 

proximity to tidally influenced 

estuarine areas (for foraging). The most 

recently documented plovers for this 

unit include an average of 17 breeding 

and 3 wintering plovers in 2003 (Lauten 

et al. in litt. 2003; Service in litt. 2004). 

This unit contributes significantly to the 

regional conservation goal by providing 

habitat capable of supporting 54 

breeding plovers under proper 

management. The unit consists of 278 

federally owned acres (112.5 ha) 

primarily managed by the Bureau of 

Land Management. Threats that may 

require special management in this unit 

are introduced European beachgrass that 

encroaches on the available nesting and 

foraging habitat; disturbance from 

humans, dogs and OHVs in important 

foraging and nesting areas; and 

predators such as the American crow 

and common raven. 

OR 10, Bandon/Cape Blanco Area 

This unit consists of three subunits 

within five miles of each other near the 

town of Bandon, in Coos and Curry 

Counties, Oregon. 

Subunit OR 10A, Bandon to Floras Lake, 

680 ac (275.2 ha) 

This subunit is on the southwestern 

coast of Coos County, Oregon, about 4 

mi (6.4 km) south of the City of Bandon. 

It is bounded by China Creek to the 

north, the New River to the east, Floras 

Lake to the south, and the Pacific Ocean 

to the west. The subunit is characteristic 

of a dune-backed beach and barrier spit. 

It includes the following features 

essential to the conservation of the 

species: wide sand spits or washovers 

and sparsely vegetated areas of sandy 

dune relatively undisturbed by human 

or tidal activity (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (foraging); and close 

proximity to tidally influenced 

freshwater areas (for foraging). The most 

recently documented plovers for this 

subunit include an average of 15 

breeding and 18 wintering plovers in 

2003 (Lauten et al. in litt. 2003; Service 

in litt. 2004). This subunit is capable of 

supporting 54 breeding plovers under 

proper management. The subunit 

consists of 321 ac (129.9 ha) of federally 

owned land, 184 ac (75 ha) of Stateowned land, 12 ac of county-owned 

land (5 ha), and 163 ac (66 ha) of 

privately owned land. The Bureau of 

Land Management and the Oregon Parks 

and Recreation Department are the 

unit’s primary land managers. Threats 

that may require special management in 

this subunit are introduced European 

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans, dogs, horses 

and OHVs in important foraging and 

nesting areas; and predators such as the 

common raven and red fox. 

Subunit OR 10B, Sixes River Spit, 73 ac 

(29.5 ha): (Unoccupied Area, Identified 

for Possible Inclusion) 

This subunit is on the northwestern 

coast of Curry County, Oregon, about 8 

mi (12.9 km) northwest of the City of 

Port Orford and just north of Cape 

Blanco. It includes the sand spits to the 

north and south of the Sixes River and 

is bounded by the Pacific Ocean to the 

west. The subunit is characteristic of a 

dune-backed beach and sand spit in 

close proximity to a tidally influenced 

river mouth. It includes the following 

features essential to the conservation of 

the species: Wide sand spits or 

washovers and sparsely vegetated areas 

of sandy dune relatively undisturbed by 

human or tidal activity (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

freshwater areas (for foraging). No 

plover use has been documented for this 

unit, which may be attributed to little, 

if any, historic survey effort. This 

subunit is capable of supporting 4 

breeding plovers under proper 

management. The subunit consists of 73 

State-owned acres (29.5 ha) managed by 

Oregon Parks and Recreation 

Department. The primary threats that 

may require special management in this 

subunit are introduced European 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75621

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans and dogs in 

important foraging and nesting areas; 

and predators such as the common 

raven. 

Subunit OR 10C, Elk River Spit, 88 ac 

(35.6 ha): (Unoccupied Area, Identified 

for Possible Inclusion)

This subunit is on the northwestern 

coast of Curry County, Oregon, about 4 

mi (6.4 km) northwest of the City of Port 

Orford and just south of Cape Blanco. It 

is bounded by the Elk River to the east 

and north, and the Pacific Ocean to the 

west. The subunit is characteristic of a 

dune-backed beach and sand spit in 

close proximity to a tidally influenced 

river mouth. It includes the following 

features essential to the conservation of 

the species: Wide sand spits or 

washovers and sparsely vegetated areas 

of sandy dune relatively undisturbed by 

human or tidal activity (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

freshwater areas (for foraging). This 

subunit is capable of supporting four 

breeding plovers under proper 

management. The subunit consists of 88 

privately owned acres (35.6 ha). The 

primary threats that may require special 

management in this subunit are 

introduced European beachgrass that 

encroaches on the available nesting and 

foraging habitat; disturbance from 

humans, dogs and OHVs in important 

foraging and nesting areas; and 

predators such as the common raven 

and red fox. 

OR 11, Euchre Creek Spit, 75 ac (30.4 

ha): (Unoccupied Area, Identified for 

Possible Inclusion) 

This unit is on the western coast of 

Curry County, Oregon, about 12 mi (19.3 

km) north of the City of Gold Beach. It 

includes the sand spits to the north and 

south of the Euchre River and is 

bounded by the Pacific Ocean to the 

west. The unit is characteristic of a 

dune-backed beach and sand spit in 

close proximity to a tidally influenced 

river mouth. It includes the following 

features essential to the conservation of 

the species: Wide sand spits or 

washovers and sparsely vegetated areas 

of sandy dune relatively undisturbed by 

human or tidal activity (for nesting and 

foraging); areas of sandy beach above 

and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for foraging); and 

close proximity to tidally influenced 

freshwater areas (for foraging). No 

Pacific Coast WSP have been 

documented using the area in recent 

years, so we consider it to be currently 

unoccupied. The unit consists of 75 

privately owned acres (30.4 ha). The 

primary threats that may require special 

management in this unit are European 

beachgrass that encroaches on the 

available nesting and foraging habitat; 

disturbance from humans and dogs in 

important foraging and nesting areas; 

and predators such as the common 

raven and red fox. 

OR 12, Pistol River Spit, 116 ac (46.9 

ha): (Unoccupied Area, Identified for 

Possible Inclusion) 

This unit is on the southwestern coast 

of Curry County, Oregon, about 12 mi 

(19.3 km) south of the City of Gold 

Beach. It is bounded by the Pistol River 

to the east and north, and the Pacific 

Ocean to the west. The unit is 

characteristic of a dune-backed beach 

and sand spit in close proximity to a 

tidally influenced river mouth. It 

includes the following features essential 

to the conservation of the species: Wide 

sand spits or washovers and sparsely 

vegetated areas of sandy dune relatively 

undisturbed by human or tidal activity 

(for nesting and foraging); areas of sandy 

beach above and below the high tide 

line with occasional surf-cast wrack 

supporting small invertebrates (for 

foraging); and close proximity to tidally 

influenced freshwater areas (for 

foraging). The unit is not considered to 

be currently unoccupied, as the most 

recently documented plover in the area 

was one wintering plover in 1978 

(Wilson 1980). The unit consists of 116 

State-owned acres (46.9 ha) managed by 

the Oregon Parks and Recreation 

Department as the Pistol River State 

Park. The primary threats that may 

require special management in this unit 

are introduced European beachgrass that 

encroaches on the available nesting and 

foraging habitat; disturbance from 

humans, dogs and horses in important 

foraging and nesting areas; and 

predators such as the American crow 

and common raven. 

California 

CA 1, Lake Earl, 91 ac (37 ha) 

This unit is located directly west of 

the Lake Earl/Lake Tolowa lagoon 

system and the proposed Pacific Shores 

housing development. The unit extends 

from the lagoon breach site in the south, 

to Kellogg Road at the unit’s northern 

end. The Lake Earl lagoon lies 

approximately 2 miles (3.2 km) north of 

Point Saint George and the McNamara 

Airfield. Essential features of the unit 

for Pacific Coast WSP conservation 

include sandy beaches above and below 

the mean high tide line, wind-blown 

sand in dune systems immediately 

inland of the active beach face, and the 

washover area at the lagoon mouth. The 

Lake Earl unit is a historical breeding 

site, and has had a small population of 

wintering plovers in recent years 

(Watkins, pers. comm. 2004). We expect 

this unit to be able to support ten 

breeding plovers with proper 

management. The unit contains 90.8 ac 

(36.7 ha) total. Approximately 12.9 ac 

(5.2 ha) are managed by the State under 

the jurisdiction of the California 

Department of Fish and Game, with the 

remaining 77.9 ac (31.5 ha) in private 

ownership. The unit is approximately 3 

mi (4.8 km) in length. Degradation of the 

sand dune system has resulted from the 

encroachment of European beachgrass. 

Off-road vehicle (OHV) use is the 

greatest threat to wintering and nesting 

plovers using the unit. The U.S. Army 

Corps of Engineers authorizes the 

mechanical breach of the Lake Earl/Lake 

Tolowa lagoon on an annual basis. 

Monitoring indicates that the practice of 

breaching has only temporary, shortterm effects to wintering plovers. 

CA 2, Big Lagoon, 280 ac (113 ha) 

This unit consists of a large sand spit 

that divides the Pacific Ocean from Big 

Lagoon. The northern extent of the Big 

Lagoon spit is approximately three mi 

(4.8 km) south of the Town of Orick. 

The unit contains the following features 

essential to the conservation of the 

Pacific Coast WSP (PCEs): Low lying 

sandy dunes and open sandy areas that 

are relatively undisturbed by humans; 

sandy beach above and below the high 

tide line that supports small 

invertebrates; and areas of overwash. 

The Big Lagoon spit is historical nesting 

habitat, and currently maintains a 

winter population of fewer than 10 

plovers (Watkins, pers. comm. 2001). 

We estimate the unit can support 16 

breeding plovers. The unit is located on 

the spit, which is approximately 3.8 mi 

(6.1 km) in length. Most of the unit 

(279.2 ac, 113.0 ha) is managed by the 

California Department of Parks and 

Recreation (CA State Parks). An 

additional 0.6 ac (0.26 ha) are Humboldt 

County-managed. State Parks has 

conducted habitat restoration at this 

unit through the hand-removal of nonnative vegetation. The primary threat to 

wintering and breeding plovers that may 

require special management is the 

disturbance from humans and dogs 

walking through winter flocks and 

potential nesting areas. 

75622 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

CA 3, McKinleyville Area 

This unit consists of two subunits in 

the vicinity of McKinleyville, California, 

in Humboldt County. 

CA 3A, Clam Beach/Little River, 155 ac 

(63 ha) 

The Little River/Clam Beach subunit’s 

northern boundary is directly across 

from the south abutment of the U.S. 

Highway 101 bridge that crosses the 

Little River. The southern subunit 

boundary is aligned with the north end 

of the southernmost, paved Clam Beach 

parking area. The length of the unit is 

approximately 1.8 mi (2.8 km). Essential 

features of the subunit that contribute 

towards the conservation of the Pacific 

Coast WSP include large areas of sandy 

dunes, areas of sandy beach above and 

below the high tide line, and generally 

barren to sparsely vegetated terrain. The 

subunit currently supports a breeding 

population of approximately 12 plovers, 

and a winter population of up to 55 

plovers (Colwell, et al. 2003). It has 

developed into one of four primary 

nesting locations within northern 

California. We expect the subunit to be 

able to support six breeding plovers. 

The primary threats to nests, chicks, and 

both wintering and breeding adult 

plovers in this subunit are OHV use, 

predators, and disturbance caused by 

humans and dogs. Of the total 154.9 ac 

(62.7 ha), approximately 81.5 acres (33 

ha) are under the jurisdiction of the CA 

State Parks, 24.1 acres (9.8 ha) are in 

private ownership, and 49.5 acres (20 

ha) are under the ownership and 

management of Humboldt County.

CA 3B, Mad River Beach, 377 ac (153 

ha) 

This subunit was largely swept clean 

of European beachgrass when the Mad 

River temporarily shifted north in the 

1980’s and 1990’s. The Mad River Beach 

subunit is approximately 2.8 mi (4.5 

km) long, and ranges from the U.S. 

Highway 101 Vista Point below the 

Arcata Airport in the north, to School 

Road in the south. One hundred sixtyone acres (65 ha) are owned and 

managed by Humboldt County, and 

216.5 (87.6 ha) are privately owned. 

Essential features of the subunit that 

contribute towards the conservation of 

the Pacific Coast WSP include large 

areas of sandy dunes, areas of sandy 

beach above and below the high tide 

line, and generally barren to sparsely 

vegetated terrain. We expect the subunit 

to eventually support 12 breeding 

plovers with proper management. The 

current breeding population is believed 

to be less than 5 plovers, although 

plovers from this subunit readily 

intermix with plovers in CA 3A 

(Colwell, et al. 2003). Occasional winter 

use by plovers has been intermittently 

documented, with most wintering 

within the adjacent critical habitat unit 

to the north (Hall, pers. comm. 2003). 

The primary threats to nests, chicks, and 

both wintering and breeding adult 

plovers are OHV use, and disturbance 

caused by equestrians and humans with 

accompanying dogs. 

CA 4, Eel River Area 

This unit consists of four subunits, 

one each on the north and south spits 

of the mouth of the Eel River, one for 

the Eel River gravel bars supporting 

nesting plovers about five to ten miles 

inland, and one extending from the 

south spit of Humboldt Bay to the beach 

adjacent to the north Eel River spit 

subunit. 

Subunit CA 4A, Humboldt Bay, South 

Spit Beach, 375 ac (152 ha) 

This subunit is located across 

Humboldt Bay, less than one mile (<1.6 

km) west of the City of Eureka, with the 

southern boundary being Table Bluff. 

Three hundred forty-four acres (139.3 

ha) of the unit are owned by the 

California Department of Fish and 

Game, but are managed by the Federal 

Bureau of Land Management, 10.1 ac 

(4.1 ha) are owned and managed by the 

County of Humboldt, and 20.2 ac (8.2 

ha) are owned by the U.S. Army Corps 

of Engineers. The subunit is 4.8 mi (7.7 

km) in total length. The following 

features essential to the conservation of 

the Pacific Coast WSP can be found 

within the unit: large areas of sandy 

dunes, areas of sandy beach above and 

below the high tide line, and generally 

barren to sparsely vegetated terrain. The 

plover wintering population is 

estimated at under 15 individuals, and 

three nests, from 4 breeders, were 

attempted within the subunit in 2003 

(Colwell, et al. 2003). This subunit is 

capable of supporting 30 breeding 

plovers. The Bureau of Land 

Management has conducted habitat 

restoration within the subunit, in 

consultation with us. The primary 

threats to adult plovers, chicks, and 

nests, are OHV use, and disturbance 

from equestrians and humans with dogs. 

Subunit CA 4B, Eel River North Spit 

and Beach, 283 ac (114 ha) 

This subunit stretches from Table 

Bluff on the north to the mouth of the 

Eel River in the south. The subunit is 

estimated to be 3.9 miles (6.3 km) long, 

and is managed by the California 

Department of Fish and Game, except 

for five acres of private land. Essential 

features of the unit include: large areas 

of sandy, sparsely vegetated dunes for 

reproduction and foraging, and areas of 

sandy beach above and below the high 

tide line supporting small invertebrates 

for foraging. Driftwood is an important 

component of the habitat in this 

subunit, providing shelter from the 

wind both for nesting plovers and for 

invertebrate prey species. The subunit’s 

winter population of plovers is 

estimated at less than 20 (LeValley, 

2004). As many as 11 breeders have 

been observed during breeding season 

window surveys, with a breeding 

population estimated at less than 15 

(Colwell, et al. 2003). We expect this 

subunit to eventually support 20 

breeding plovers with proper 

management. Threats include predators, 

OHVs, and disturbance from equestrians 

and humans with dogs. 

Subunit CA 4C, Eel River South Spit 

and Beach, 402 ac (163 ha) 

This subunit encompasses the beach 

segment from the mouth of the Eel 

River, south to Centerville Road, 

approximately 4 miles (6.4 km) west of 

the Town of Ferndale. The subunit is 5 

miles (8.3 km) long. 397.1 acres (160.7 

ha) are private, and the remaining 4.4 ac 

(1.8 ha) are managed by Humboldt 

County. Essential features of the subunit 

include: large areas of sandy dunes, 

areas of sandy beach above and below 

the high tide line, and generally barren 

to sparsely vegetated terrain. This 

subunit is capable of supporting 20 

breeding plovers. A single nest was 

found during the 2004 breeding season 

(McAllister, pers. comm. 2004). The 

winter population is estimated at under 

80 plovers, many of which breed on the 

Eel River gravel bars (CA 5) (McAllister, 

pers. comm. 2003, Transou, pers. comm. 

2003). Threats include predators, OHVs, 

and disturbance from equestrians and 

humans with dogs.

Subunit CA 4D, Eel River Gravel Bars, 

1,193 ac (483 ha) 

This subunit is inundated during 

winter months due to high flows in the 

Eel River. It is 6.4 miles (10.3 km) from 

the Town of Fernbridge, upstream to the 

confluence of the Van Duzen River. The 

Eel River is contained by levees in this 

section, and consists of gravel bars and 

wooded islands. The subunit contains a 

total of 1,192.8 acres (482.7 ha), of 

which 176.3 ac (71.3 ha) are owned and 

managed by Humboldt County, 79.1 ac 

(32 ha) are under the jurisdiction of the 

California State Lands Commission, and 

937.5 ac (379.4 ha) are privately owned. 

Essential features of this subunit 

include: bare open gravel bars 

comprised of both sand and cobble, 

which support reproduction and 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75623

foraging. The Eel River gravel bars are 

the most important breeding habitat in 

California north of San Francisco Bay, 

and have the highest fledging success 

rate of any areas from Mendocino 

County to the Oregon border. This 

subunit is capable of supporting 40 

breeding plovers. Twenty-two breeding 

birds were recorded in this subunit 

during recent window surveys 

(LeValley, pers. comm. 2004). Threats 

include predators, OHVs, and 

disturbance from gravel mining and 

humans with dogs. 

CA 5, MacKerricher Beach, 1,048 ac 

(424 ha) 

This unit is approximately 3.5 miles 

(5.5 km) long. The unit is just south of 

the Ten Mile River, and approximately 

4 miles (6.4 km) north of the City of Fort 

Bragg. 1,017.2 acres (411.6 ha) are 

managed by CA State Parks, and 31.2 

acres (12.6 ha) are private. Essential 

features of the unit include: large areas 

of sandy dunes, areas of sandy beach 

above and below the high tide line, and 

generally barren to sparsely vegetated 

terrain. State Parks has been conducting 

removal of European beachgrass to 

improve habitat for the Pacific Coast 

WSP and other sensitive dune species 

within the unit. This unit is capable of 

supporting 20 breeding plovers. The 

current breeding population is 

estimated at less than 10 (Colwell, et al.

2003). The winter population of plovers 

is under 45 (Cebula, pers. comm. 2004). 

Threats to nests, chicks and both 

wintering and breeding adults include 

predators and disturbance from 

equestrians and humans with dogs. 

CA 6, Manchester Beach, 341 ac (138 

ha) 

The Manchester Beach unit is 

approximately 3.5 miles (5.7 km) in 

length. California State Parks manages 

336.2 ac (136.1 ha) of the unit, while the 

remaining 4.8 ac (1.9 ha) are private. 

Essential features of the unit include: 

large areas of sandy dunes, areas of 

sandy beach above and below the high 

tide line, and generally barren to 

sparsely vegetated terrain. This unit 

provides an important wintering site for 

the region (Service 2001). In 2003, a pair 

of plovers nested within the unit, and 

successfully hatched 2 chicks. However, 

those chicks did not survive (Colwell, et 

al. 2003). The current wintering 

population is estimated at less than 20 

(Cebula, pers. comm. 2004). Threats to 

nests, chicks and both wintering and 

breeding adults include predators and 

disturbance from equestrians and 

humans with dogs. 

CA 7, Dillon Beach, 30 ac (12 ha) 

This unit is located at the mouth of 

Tomales Bay, just south of the town of 

Dillon Beach. It stretches for about 1.25 

mi (2.01 km) north from Sand Point. 

PCEs provided by the unit include surfcast debris supporting small 

invertebrates for foraging, and large 

stretches of relatively undisturbed, 

sparsely vegetated sandy beach, both 

above and below high tide line, for 

foraging and potentially for nesting. 

Although nesting has not been noted 

here, the unit is an important wintering 

area. One hundred twenty three 

wintering plovers were counted at this 

spot during the last winter survey in 

January 2004 (Page in litt. 2004). Other 

than State lands intermittently exposed 

below mean high tide, the unit is 

entirely on private land. Potential 

threats that may require special 

management include predators and 

disturbance by humans and their pets. 

CA 8, Pt. Reyes Beach, 462 ac (187 ha) 

This unit occupies most of the westfacing beach between Point Reyes and 

Tomales Point. It is located entirely 

within the Point Reyes National 

Seashore, and consists primarily of 

dune backed beaches. The unit includes 

the following PCEs essential to plover 

conservation: sparsely vegetated sandy 

beach above and below high tide for 

nesting and foraging, wind-blown sand 

dunes for nesting and predator 

avoidance, and tide-cast debris 

attracting small invertebrates for 

foraging. It supports both nesting and 

wintering plovers, and can support 50 

breeding birds with proper 

management. Threats in the area that 

may require special management 

include disturbance by humans and 

pets, and predators (particularly ravens 

and crows). 

CA 9, Limantour Spit, 124 ac (50 ha) 

Limantour Spit is a roughly 2.25 mile 

(4.0 km) sand spit at the north end of 

Drake’s Bay. The unit includes the end 

of the spit, and contracts to include only 

the south-facing beach towards the base 

of the spit. It is completely within the 

Point Reyes National Seashore. CA 10 

can support both nesting and wintering 

plovers, although nesting has not been 

documented since 2000 (Page in litt. 

2003, 2004). Ninety-five wintering 

plovers were counted at the site during 

the January 2004 survey (Page in litt.

2004). The unit is expected to contribute 

significantly to plover conservation in 

the region by providing habitat capable 

of supporting ten nesting birds. PCEs at 

the unit include sparsely vegetated 

beach sand, above and below high tide 

for nesting and foraging, and tide-cast 

debris supporting small invertebrates. 

Threats that may require special 

management include disturbance by 

humans and pets, and nest predators 

such as crows and ravens. 

CA 10, Half Moon Bay, 37 ac (15 ha) 

This unit stretches for about 1.25 mi 

(2.01 km) along Half Moon Bay State 

Beach, and is entirely within California 

State Parks land. It includes sandy 

beach above and below the high tide 

line for nesting and foraging, and surfcast debris to attract small invertebrates. 

Small numbers of breeding birds have 

been found at the location in the past 

three surveys, including four breeding 

birds in the most recent survey, 

conducted in 2003 (Page in litt. 2003). 

The unit also supports a sizeable winter 

flock, which was 65 birds in 2004 (Page 

in litt. 2004). We expect the unit to 

eventually support ten breeding birds in 

the unit under proper management, 

which makes it a potentially significant 

contributor to plover conservation. 

Potential threats in the area that may 

require special management include 

disturbance by humans and pets, and 

nest predators. 

CA 11. Santa Cruz Coast 

This unit consists of three relatively 

small pocket beaches in Santa Cruz 

County, California. The unit forms an 

important link between larger breeding 

beaches to the north and south, such as 

Half Moon Bay and the Monterey Bay 

beaches. 

Subunit CA 11A, Waddell Creek Beach, 

9 ac (4 ha): (Unoccupied Area, 

Identified for Possible Inclusion)

This subunit includes the mouth of 

Waddell Creek and is located about 20 

mi (32.2 km) north of the city of Santa 

Cruz. It extends about 0.7 mi (1.1 km) 

north along the coast from a point about 

0.1 mi (0.2 km) south of the creek mouth 

to a point about 0.6 mi (0.4 km) north 

of the creek. The area provides several 

essential habitat features, including 

wind-blown sand dunes, areas of sandy 

beach above and below the high tide 

line with occasional surf-cast wrack 

supporting small invertebrates (for 

nesting and foraging) and generally 

barren to sparsely vegetated terrain (for 

foraging and predator avoidance). With 

proper management, and in conjunction 

with the other two small units proposed 

for Santa Cruz County (CA 11B and 

11C), this subunit can attract additional 

nesting plovers and thereby facilitate 

genetic interchange between the larger 

units at Half Moon Bay (CA 10) and 

Palm Beach and Moss Landing (CA 12) 

(see Criterion 3, Methods section, 

75624 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

above). CA 11A encompasses 

approximately 8.1 ac (3.3 ha) of State 

land and 1.3 ac (0.5 ha) of private land. 

Human disturbance is the primary 

threat to plovers in the subunit that 

might require special management. 

Subunit CA 11B, Scott Creek Beach, 19 

ac (8 ha) 

This subunit includes the mouths of 

Scott and Molino creeks and is located 

about 13 mi (20.9 km) north of the city 

of Santa Cruz. It extends about 0.7 mi 

(1.1 km) north along the coast from the 

southern end of the sandy beach (0.3 mi 

(0.5 km) south of Molino Creek) to a 

point about 0.1 mi (0.4 km) north of 

Scott Creek. Recent surveys have found 

from 12 (in 2000) to 1 (in 2004) nesting 

plovers occupying the area (Page in litt.

2004), and it is an important snowy 

plover wintering area, with up to 114 

birds each winter (Page in litt. 2004). 

This subunit is essential to the 

conservation of the species because with 

proper management, and in conjunction 

with the other two small units proposed 

for Santa Cruz County (CA 11B and 

11C), it can attract additional nesting 

plovers and thereby facilitate genetic 

interchange between the larger units at 

Half Moon Bay (CA 10) and Palm Beach 

and Moss Landing (CA 12) (see Criterion 

3, Methods section, above). The subunit 

includes the following habitat features 

essential to the species: Areas of sandy 

beach above and below the high tide 

line with occasional surf-cast wrack 

supporting small invertebrates (for 

nesting and foraging) and generally 

barren to sparsely vegetated terrain (for 

foraging and predator avoidance). CA 13 

is situated entirely on private land. 

Human disturbance and predators are 

the primary threats to snowy plovers in 

this subunit that may require special 

management. 

Subunit CA 11C, Wilder Creek Beach, 

10 ac (4 ha) 

This subunit is located at the mouth 

of Laguna Creek and is about 8 mi (12.9 

km) north of the city of Santa Cruz. It 

extends about 0.5 mi (0.3 km) north 

along the coast from the southern end of 

the sandy beach to the northern end of 

the beach across the mouth of Laguna 

Creek. Five nesting plovers were found 

in the area in 2000 (Page in litt. 2004). 

The subunit includes the following 

essential features: Areas of sandy beach 

above and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for nesting and 

foraging) and generally barren to 

sparsely vegetated terrain (for foraging 

and predator avoidance). CA 11C is 

capable of supporting sixteen breeding 

birds under proper management. The 

subunit is entirely situated on Stateowned land. Disturbance from humans 

and pets, development, OHV use, pets, 

and predators are the primary threats to 

snowy plovers in this subunit that may 

require special management. 

CA 12. Monterey Bay Beaches 

This unit includes three subunits 

within Monterey Bay, California, 

including parts of Santa Cruz and 

Monterey Counties. Two of the subunits 

are stretches of beach, while the third 

(CA 12B) includes a wetland adjacent to 

the shore. 

Subunit CA 12A, Jetty Rd to Aptos, 272 

ac (110 ha) 

This subunit is about 5 mi (8 km) west 

of the city of Watsonville and includes 

Sunset and Zmudowski State beaches. 

The mouth of the Pajaro River is located 

near the center of the unit, and Elkhorn 

Slough is at the south end of the unit. 

It extends about 8.5 mi (13.7 km) north 

along the coast from Elkhorn Slough to 

Zils Road. This is an important snowy 

plover nesting area, with 8–38 birds 

nesting each year, and is also an 

important wintering area, with up to 

250 birds each winter (Page in litt.

2004). This subunit is capable of 

supporting 54 breeding birds under 

proper management. It includes the 

following features essential to the 

species: Areas of sandy beach above and 

below the high tide line with occasional 

surf-cast wrack supporting small 

invertebrates (for nesting and foraging) 

and generally barren to sparsely 

vegetated terrain (for foraging and 

predator avoidance). CA 12A exists 

entirely on State lands. Human 

disturbance, development, horses, OHV 

use, pets, predators, and dunestabilizing vegetation such as European 

beachgrass are the primary threats to 

snowy plovers in this subunit that may 

require special management.

Subunit CA 12B, Elkhorn Slough 

Mudflats, 281 ac (114 ha) 

CA 12B is about 3.5 mi (5.6 km) north 

of the city of Castroville along the north 

side of Elkhorn Slough east of Highway 

1. It extends about 1 mi (1.6 km) along 

the north shore of Elkhorn Slough east 

of Highway 1 and about 0.5 mi (0.8 km) 

north from Elkhorn Slough to Bennett 

Slough. This is an important nesting 

area, with 6–47 birds nesting each year, 

and is also an important wintering area, 

with up to 95 birds each winter (Page in 

litt. 2004, Stenzel in litt. 2004). This 

subunit is capable of supporting 80 

breeding birds under proper 

management. It includes the following 

features essential to the species: areas of 

sandy beach above and below the high 

tide line with occasional surf-cast wrack 

supporting small invertebrates (for 

nesting and foraging) and generally 

barren to sparsely vegetated terrain (for 

foraging and predator avoidance). The 

subunit is situated entirely on Stateowned land. Human disturbance, 

development, horses, OHV use, pets, 

predators, and vegetation are the 

primary threats to snowy plovers in this 

subunit that may require special 

management. 

Subunit CA 12C, Monterey to Moss 

Landing, 803 ac (325 ha) 

CA 12C includes the beaches along 

the southern half of Monterey Bay from 

the city of Monterey at the south end of 

the subunit to Moss Landing and the 

mouth of Elkhorn Slough at the north 

end of the unit. The mouth of the 

Salinas River is located near the center 

of the unit. It extends about 15 mi (24.2 

km) north along the coast from 

Monterey to Moss Landing. This is an 

important nesting area, with 61 to 104 

nesting birds each year, and is also an 

important snowy plover wintering area, 

with up to 190 birds each winter (Page 

in litt. 2004, Stenzel in litt. 2004). This 

subunit is capable of supporting 162 

breeding birds under proper 

management. It includes the following 

habitat features essential to the species: 

areas of sandy beach above and below 

the high tide line with occasional surfcast wrack supporting small 

invertebrates (for nesting and foraging) 

and generally barren to sparsely 

vegetated terrain (for foraging and 

predator avoidance). CA 12C includes 

approximately 792.2 ac (320.6 ha) of 

State and local lands, and 10.4 ac (4.2 

ha) of Federal land. It would include an 

additional 142 ac (57.5 ha) of Federal 

land in the Salinas River National 

Wildlife Refuge, but we are excluding 

that area based on the existence of a 

Comprehensive Conservation Plan for 

Salinas River NWR that has undergone 

section 7 consultation (see Exclusions 

section, below). Human disturbance, 

development, horses, OHV use, pets, 

predators, and habitat changes resulting 

from exotic vegetation are the primary 

threats to snowy plovers in this subunit 

that may require special management. 

CA 13, Point Sur Beach, 61 ac (25 ha) 

This unit is about 17 mi (27.4 km) 

south of the city of Monterey and 

immediately north of Point Sur. It 

extends about 1 mi (1.6 km) north along 

the coast from Point Sur. This is an 

important snowy plover wintering area, 

with up to 65 birds each winter (Page in 

litt. 2004). A few nesting pairs (1–2) also 

occupy this unit each year (Stenzel in 

litt. 2004). This unit is capable of 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75625

supporting 20 breeding birds under 

proper management. It includes the 

following features essential to the 

species: wind-blown sand dunes, areas 

of sandy beach above and below the 

high tide line with occasional surf-cast 

wrack supporting small invertebrates 

(for nesting and foraging) and generally 

barren to sparsely vegetated terrain (for 

foraging and predator avoidance). This 

unit is situated entirely on State-owned 

land. Human disturbance and habitat 

changes due to exotic vegetation are the 

primary threats to snowy plovers in this 

unit that may require special 

management. 

CA 14, San Simeon Beach, 28 ac (11 ha) 

CA 14, which is entirely within San 

Simeon State Beach, is located about 5 

mi (8 km) south of San Simeon. It 

extends about 0.9 mi (1.5 km) north 

along the coast from a point opposite 

the intersection of Highway 1 and 

Moonstone Beach Drive to the 

northwestern corner of San Simeon 

State Beach. This is an important snowy 

plover wintering area, supporting 143 

birds as documented by the most recent 

winter survey (Page in litt. 2004). The 

unit also supports a small number of 

nesting plovers: one nest hatched three 

chicks in 2002, and one nest was 

initiated but lost to predators in 2003 

(Orr in litt. 2004). This unit includes the 

following features essential to the 

species: areas of sandy beach above and 

below the high tide line with occasional 

surf-cast wrack supporting small 

invertebrates (for nesting and foraging) 

and generally barren to sparsely 

vegetated terrain (for foraging and 

predator avoidance). Human 

disturbance, pets, and dune stabilizing 

vegetation are the primary threats to 

snowy plovers in this unit that may 

require special management. 

CA 15. Estero Bay Beaches 

This unit includes three subunits in 

Estero Bay, California, San Luis Obispo 

County. The subunits include a pocket 

beach at the north end of the bay (15A), 

and the beaches north and south of 

Morro Rock (15B and 15C), in the 

vicinity of Morro Bay, California.

Subunit CA 15A, Villa Creek Beach, 17 

ac (7 ha) 

The Villa Creek subunit is about 3.5 

mi (5.6 km) northwest of the city of 

Cayucos, and is managed by the 

California Department of Parks and 

Recreation. Villa Creek Beach is located 

near the northern boundary of the Estero 

Bluffs property. It extends 0.3 mi (0.5 

km) northwest along the beach from an 

unnamed headland 1.4 mi (2.3 km) 

north of Point Cayucos to an unnamed 

headland northwest of Villa Creek, and 

inland (north) for 0.25 mi (0.4 km) along 

Villa Creek. This subunit is an 

important breeding area that supports 

between 21 and 38 adults during the 

breeding season, and up to 31 nests 

(Larson 2003a). This area is also an 

important wintering site that supports 

up to 30 wintering birds (George 2001). 

It includes the following features 

essential to the species: Areas of sandy 

beach above and below the high tide 

line with occasional surf-cast wrack 

supporting small invertebrates (for 

nesting and foraging) and generally 

barren to sparsely vegetated terrain (for 

foraging and predator avoidance). 

Threats that may require special 

management include human 

disturbance, pets, horses, and predators. 

Subunit CA 15B, Atascadero Beach, 144 

ac (58 ha) 

This subunit is located at Morro 

Strand State Beach near the city of 

Morro Bay, and is managed entirely by 

the California Department of Parks and 

Recreation. It extends about 2.1 mi (3.4 

km) north along the beach from Morro 

Creek to an unnamed rocky outcrop 

opposite the end of Yerba Buena Street 

at the north end of Morro Bay. This is 

an important breeding area supporting 

up to 40 nests each year (Larson 2003b). 

CA 15B is also an important wintering 

area, with up to 152 wintering birds 

(Page in litt. 2004). This subunit is 

capable of supporting 40 breeding birds 

under proper management. It includes 

the following features essential to the 

species: Areas of sandy beach above and 

below the high tide line with occasional 

surf-cast wrack supporting small 

invertebrates (for nesting and foraging) 

and generally barren to sparsely 

vegetated terrain (for foraging and 

predator avoidance). Human 

disturbance, pets, and predators are the 

primary threats to plovers in this 

subunit that may require special 

management. 

Subunit CA 15C, Morro Bay Beach, 611 

ac (247 ha) 

This subunit is located at Morro Bay 

near Morro Rock. The majority of the 

beach is managed by the California 

Department of Parks and Recreation, 

while the northern tip of the sand spit 

is owned by the city of Morro Bay. It 

extends 6.9 mi (11.1 km) north along the 

beach from a rocky outcrop about 0.2 mi 

(0.3 km) north of Hazard Canyon to the 

northern tip of the sand spit. This is an 

important breeding area that supports 

more than 100 breeding adults (Page in 

litt. 2003). This is also an important 

wintering area that supports up to 148 

wintering birds (Page in litt. 2004). This 

subunit is capable of supporting 110 

breeding birds under proper 

management. It includes the following 

features essential to the species: windblown sand dunes, areas of sandy beach 

above and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for nesting and 

foraging) and generally barren to 

sparsely vegetated terrain (for foraging 

and predator avoidance). Human 

disturbance, horses, pets, predators, and 

dune-stabilizing vegetation are the 

primary threats to plovers in this 

subunit that may require special 

management. 

CA 16, Pismo Beach/ Nipomo Dunes, 

1,269 ac (513 ha) 

This unit consists of two larger areas 

connected by a narrow strip of land 

below the mean high water (MHW) line. 

The narrow strip is all that remains of 

that part of the unit after the exclusion 

of Guadalupe/Nipomo Dunes National 

Wildlife Refuge (see Exclusions section, 

below). The unit is located south of 

Grover City and Oceano and includes 

areas of Rancho Guadalupe County 

Park, managed by Santa Barbara County; 

and the Guadalupe Oil Field, the Oso 

Flaco Natural Area and Oceano Dunes 

Off-road Vehicular Recreation Area, 

managed by the California Department 

of Parks and Recreation. The unit 

extends about 12 mi (19 km) north along 

the beach from a point about 0.4 mi (0.6 

km) north of Mussel Point to a point on 

the north side of Arroyo Grande Creek 

at the south end of Strand Way in 

Oceano. This is an important breeding 

area capable of supporting between 123 

and 246 breeding adults and over 300 

wintering birds (George 2001). This unit 

is capable of supporting 350 breeding 

birds under proper management. It 

includes the following features essential 

to the species: Wind-blown sand dunes, 

areas of sandy beach above and below 

the high tide line with occasional surfcast wrack supporting small 

invertebrates (for nesting and foraging) 

and generally barren to sparsely 

vegetated terrain (for foraging and 

predator avoidance). This unit includes 

approximately 769.7 ac (311.5 ha) of 

State and local land, and 498.9 ac (201.9 

ha) of private land. CA State Parks and 

Santa Barbara County Parks are in the 

early stages of drafting separate HCPs 

for lands they manage within the unit. 

If completed by the time of the final 

critical habitat designation, these HCPs 

might provide a basis for further 

exclusions. Potential threats that may 

require special management include 

direct human disturbance, OHVs, 

horses, pets, and predators. 

75626 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

CA 17. Vandenberg 

This unit is located on Vandenberg 

Air Force Base in Santa Barbara County, 

California. It includes two subunits.

Subunit CA 17A, Vandenberg North, 

626 ac (253 ha) 

This subunit is located on 

Vandenberg Air Force Base about 14 mi 

(22.5 km) southwest of the city of Santa 

Maria. It extends about 7.9 mi (12.7 km) 

north along the coast from a point along 

the beach 0.5 mi (0.8 km) south of 

Purisima Point to an unnamed creek or 

canyon 0.6 mi (1 km) south of Lion’s 

Head, an area of rocky outcrops. This is 

an important breeding area that 

supports between 90 and 145 breeding 

adults (SRS 2003). This is also an 

important wintering area with up to 265 

wintering birds (Page in litt. 2004). This 

subunit is capable of supporting 250 

breeding birds under proper 

management. It includes the following 

features essential to the species: Windblown sand dunes, areas of sandy beach 

above and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for nesting and 

foraging) and generally barren to 

sparsely vegetated terrain (for foraging 

and predator avoidance). The subunit is 

entirely owned by the U.S. Air Force. 

Disturbance of nesting by humans and 

pets, military activities, predators, and 

the spread of dense vegetation are the 

primary threats to plovers in this 

subunit that may require special 

management. 

Subunit CA 17B, Vandenberg South, 

304 ac (123 ha) 

This subunit is located on 

Vandenberg Air Force Base about 9 mi 

(14.5 km) west of the city of Lompoc, 

and is entirely on U.S. Air Force land. 

It extends about 4.6 mi (7.4 km) north 

along the coast from an unnamed rocky 

outcrop 0.2 mi (0.3 km) north of Can ̃ ada 

la Honda Creek to the first rock 

outcropping along the beach north of 

the Santa Ynez River (0.8 mi (0.3 km) 

north of the river). This is an important 

breeding area that supports between 10 

and 97 breeding adults (SRS 2003). This 

is also an important wintering area with 

up to 233 wintering birds (Page in litt. 

2004). This subunit is capable of 

supporting 150 breeding birds under 

proper management. It includes the 

following features essential to the 

species: Wind-blown sand dunes, areas 

of sandy beach above and below the 

high tide line with occasional surf-cast 

wrack supporting small invertebrates 

(for nesting and foraging) and generally 

barren to sparsely vegetated terrain (for 

foraging and predator avoidance). 

Human disturbance, military activities, 

pets, predators, and the spread of densegrowing vegetation are the primary 

threats to plovers in this subunit that 

may require special management. 

CA 18, Devereaux Beach, 36 ac (15 ha) 

This unit is situated entirely on State 

and local land at Coal Oil Point, about 

7 mi (11.3 km) west along the coast from 

the city of Santa Barbara. It extends 

about 3.1 mi (1.9 km) north along the 

coast from the western boundary of Isla 

Vista County Park to a point along the 

beach opposite the end of Santa Barbara 

Shores Drive. In recent years, up to 18 

breeding plovers have occupied this 

unit (Sandoval 2004). This unit is also 

an important wintering area; three 

hundred and sixty birds were found in 

the area in the most recent winter 

survey (Page in litt. 2004). The unit 

includes the following features essential 

to the species: Areas of sandy beach 

above and below the high tide line with 

occasional surf-cast wrack supporting 

small invertebrates (for nesting and 

foraging) and generally barren to 

sparsely vegetated terrain (for foraging 

and predator avoidance). Disturbance by 

humans and pets is the primary threat 

to snowy plovers in this unit that may 

require special management.

CA 19. Oxnard Lowlands 

This unit includes four subunits near 

the city of Oxnard in Ventura County, 

California. This is an important snowy 

plover breeding location for this region 

of the coast, as the next concentration of 

nesting snowy plovers to the south is 

located on Camp Pendleton Marine 

Corps Base about 100 mi (160 km) away. 

Subunit CA 19A, Mandalay Beach to 

Santa Clara River, 350 ac (142 ha) 

This subunit is located near the city 

of Oxnard. It extends about 6.1 mi (9.8 

km) north along the coast from the north 

jetty of Channel Islands Harbor to a 

point about 0.5 mi (0.8 km) north of the 

Santa Clara River mouth. This is an 

important snowy plover nesting area, 

with 9 to 70 birds nesting each year and 

is also an important wintering area for 

the plover, with up to 33 birds each 

winter (Page in litt. 2004). This subunit 

is capable of supporting 64 breeding 

birds under proper management. It 

includes the following features essential 

to the species: Wind-blown sand dunes, 

areas of sandy beach above and below 

the high tide line with occasional surfcast wrack supporting small 

invertebrates (for nesting and foraging) 

and generally barren to sparsely 

vegetated terrain (for foraging and 

predator avoidance). This subunit 

includes approximately 104.5 ac (42.3 

ha) of private land. The remaining 245.3 

ac (99.3 ha) belongs to State or local 

agencies. Potential threats that may 

require special management include 

direct human disturbance, development, 

pets, and dune-stabilizing vegetation. 

Subunit CA 19B, Ormond Beach, 203 ac 

(82 ha) 

This subunit is locatedon State lands 

near the cities of Port Hueneme and 

Oxnard. It extends about 2.9 mi (4.7 km) 

northwest along the coast from Arnold 

Road and the boundary of the Navy Base 

Ventura County, Point Mugu (NBVC) to 

a point about 0.5 mi (0.8 km) east of the 

south jetty of Port Hueneme. This is an 

important snowy plover nesting area for 

this region of the coast, as the next 

concentration of nesting snowy plovers 

to the south (other than the adjacent 

subunit CA 19C) is located on Camp 

Pendleton Marine Corps Base about 100 

mi (160 km). The number of birds 

nesting within this subunit has varied 

from about 20 to 34 per year (Stenzel in 

litt. 2004). CA 19B is also an important 

wintering area for the plover, with up to 

123 birds each winter (Page in litt. 

2004). This subunit is capable of 

supporting 50 breeding birds under 

proper management. It includes the 

following features essential to the 

species: Wind-blown sand dunes, areas 

of sandy beach above and below the 

high tide line with occasional surf-cast 

wrack supporting small invertebrates 

(for nesting and foraging) and generally 

barren to sparsely vegetated terrain (for 

foraging and predator avoidance). 

Although this subunit is contiguous 

with CA 19C to the southeast, we have 

divided the area into two subunits 

because the beaches within CA 19C are 

managed by the NBVC. Disturbance 

from humans and pets is the primary 

threat that may require special 

management for snowy plovers in this 

subunit. 

Subunit CA 19C, Mugu Lagoon North, 

321 ac (130 ha) 

This subunit begins immediately 

adjacent to subunit CA 19B, at the 

northern coastal boundary of Navy Base 

Ventura County, Pt Mugu (NBVC), and 

extends about 3.3 mi (5.3 km) southeast. 

Surveys have generally provided 

information for the entire ‘‘Mugu 

Lagoon Beach’’ area, so plover 

population information provided here 

for CA 19C applies to CA 19D as well. 

The number of birds nesting in the area 

has varied from about 40 to 80 per year 

(Stenzel in litt. 2004). CA 19C and 19D 

are also important wintering areas for 

the plover, with up to 62 birds each 

winter (Page in litt. 2004). CA 19C and 

19D are capable of supporting 110 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75627

breeding birds under proper 

management. They include the 

following features essential to the 

species: Areas of sandy beach above and 

below the high tide line with occasional 

surf-cast wrack supporting small 

invertebrates (for nesting and foraging) 

and generally barren to sparsely 

vegetated terrain (for foraging and 

predator avoidance). CA 19C 

encompasses approximately 321 ac (130 

ha), all of which are owned by the U.S. 

Air Force. CA 29C is located entirely 

within the boundaries of the NBVC. 

Important threats that may require 

special management include direct 

human disturbance, military activities, 

and predators. 

Subunit CA 19D, Mugu Lagoon South, 

87 ac (35 ha) 

This subunit includes the southern 

spit of land marking the coastal 

boundary of Mugu Lagoon, and extends 

southeast along the coast for about 1.7 

mi (2.7 km). It is almost entirely on 

Naval Base Ventura County, Pt Mugu 

(NBVC) property, except for 18.3 ac (7.4 

ha) at its southern end, which extends 

into Pt Mugu State Park, owned by the 

California Department of Parks and 

Recreation. Because surveys have 

commonly treated CA 19C and 19D as 

a single unit, plover population 

information for both subunits is 

provided in the narrative for CA 19C 

above. 

CA 20, Zuma Beach, 68 ac (28 ha) 

This unit is located about 8 mi (3.2 

km) west of the city of Malibu. It 

extends about 2.8 mi (4.5 km) north 

along the coast from the north side of 

Point Dume to the base of Trancas 

Canyon. This unit is an important 

wintering location for the plover, with 

130 birds surveyed in January, 2004 

(Page in litt. 2004). It includes the 

following essential features: areas of 

sandy beach above and below the high 

tide line with occasional surf-cast wrack 

supporting small invertebrates (for 

foraging) and generally barren to 

sparsely vegetated terrain (for foraging 

and predator avoidance). This unit 

encompasses approximately 60 ac (24.3 

ha) of CA State Parks lands, and 8 ac 

(3.2 ha) of privately owned land. Direct 

human disturbance, development, 

horses, and pets are the primary threats 

to snowy plovers in this unit that may 

require special management. 

CA 21, Santa Monica Bay 

This unit includes four subunits in 

Santa Monica Bay, Los Angeles County, 

California. 

Subunit CA 21A, Santa Monica Beach, 

25 ac (10 ha) 

This subunit is on the west coast of 

Los Angeles County, immediately west 

of the City of Santa Monica. It stretches 

roughly 0.9 miles (1.4 km) from 

Montana Avenue to the mouth of Santa 

Monica Canyon. This location includes 

the following essential habitat features: 

A wide sandy beach with occasional 

surf-cast wrack supporting small 

invertebrates. It supported a wintering 

flock of 32 plovers in 2004 (Page in litt. 

2004), and annually supports a 

significant wintering flock of plovers in 

a location with high quality breeding 

habitat. The subunit consists of 25 ac 

(10 ha), of which 6 ac (2.4 ha) are owned 

by the CA State Parks, and 19 acres (7.7 

ha) are private. The primary threats that 

may require special management in this 

subunit are disturbance from human 

recreational use, as well as beach raking, 

which removes the wrack line and 

reduces food resources.

Subunit CA 21B, Dockweiler North, 43 

ac (17 ha) 

This subunit is located immediately 

west of the Los Angeles International 

Airport, south of Ballona Creek and 

west of the El Segundo Dunes. It 

stretches roughly 0.5 miles (0.8 km) 

centered at Sandpiper Street. Essential 

habitat features (PCEs) in the subunit 

include a wide sandy beach with 

occasional surf-cast wrack supporting 

small invertebrates. This subunit, in 

conjuction with subunits 21C and 21D, 

annually supports a significant 

wintering flock of plovers in a location 

with high quality breeding habitat (Page 

in litt. 2004). It is entirely owned by the 

California Department of Parks and 

Recreation. The primary threats that 

may require special management are 

disturbance from human recreational 

use, as well as beach raking, which 

removes the wrack line and reduces 

food resources. 

Subunit CA 21C, Dockweiler South, 24 

ac (10 ha) 

This subunit is located immediately 

west of the City of El Segundo and the 

Hyperion Wastewater Treatment Plant. 

It stretches roughly 0.7 miles (1.1 km) 

centered at Grand Avenue. This location 

includes the following essential habitat 

features: A wide sandy beach with 

occasional surf-cast wrack supporting 

small invertebrates. In conjuction with 

subunits 21B and 21D it annually 

supports a significant wintering flock of 

plovers in a location with high quality 

breeding habitat (Page in litt. 2004). This 

subunit consists of 24 acres (9.7 ha), of 

which 13 acres (5.3 ha) are owned by 

the California Department of Parks and 

Recreation, and 11 acres (4.5 ha) are 

privately owned. The primary threats 

that may require special management in 

this subunit are disturbance from 

human recreational use, as well as 

beach raking, which removes the wrack 

line and reduces food resources. 

Subunit CA 21D, Hermosa State Beach, 

10 ac (4 ha) 

This subunit is located immediately 

west of the City of Hermosa Beach. This 

subunit stretches roughly 0.25 miles (0.4 

km) from 2nd Street to 6th Street. This 

location includes a wide sandy beach 

with occasional surf-cast wrack 

supporting small invertebrates. This 

location contained a wintering flock of 

33 plovers in 2004, and 43 in 2003 

(Clark in litt. 2004; Page in litt. 2004). 

In conjunction with subunits 21B and 

21C it annually supports a large and 

significant wintering flock of plovers. 

This subunit consists of 10 acres (4 ha), 

all of which are owned by the California 

Department of Parks and Recreation. 

The primary threats that may require 

special management in this subunit are 

disturbance from human recreational 

use, as well as beach raking, which 

removes the wrack line and reduces 

food resources. 

CA 22, Bolsa Chica Area 

This unit includes two subunits in the 

vicinity of the Bolsa Chica wetlands in 

Orange County, California. The first of 

these subunits includes essential habitat 

in the wetlands themselves, while the 

second comprises a small area of beach 

immediately adjacent. 

Subunit CA 22A, Bolsa Chica Reserve, 

591 ac (239 ha) 

This subunit is located immediately 

west of the City of Huntington Beach 

and east of the Pacific Coast Highway. 

It contains the following essential 

habitat features: Tidally influenced 

estuarine mud flats supporting small 

invertebrates, and seasonally dry ponds 

that provide nesting and foraging habitat 

for snowy plovers. This location 

supported 31 breeding adult plovers in 

2003, and 38 in 2002 (Page in litt. 2003). 

This subunit annually supports one of 

the largest breeding populations of 

snowy plovers in the region, and 

contributes significantly to the 

conservation goal for the region by 

providing habitat capable of supporting 

50 breeding birds under proper 

management. This subunit consists of 

591 acres (239.2 ha), all of which are 

privately owned. The primary threat 

that may require special management in 

this subunit is egg and chick predation. 

This site, an abandoned oil field, is 

75628 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

planned to undergo significant 

reconstruction and restoration, which 

should greatly increase the available 

breeding habitat for snowy plovers 

Subunit CA 22B, Huntington State 

Beach, 4 ac (2 ha) 

This subunit is located immediately 

west of the City of Huntington Beach 

and south of CA 22A. It stretches 

roughly 0.26 miles (0.4 km) from 

Seapoint Avenue north to the future 

lagoon mouth channel into Bolsa Chica 

Ecological Reserve. This location 

includes the following essential habitat 

features: a wide sandy beach with 

occasional surf-cast wrack supporting 

small invertebrates. The subunit 

contained a wintering flock of 11 

plovers in 2004 (Page in litt. 2004), and 

annually supports a significant 

wintering flock of plovers in a location 

with high quality breeding habitat. This 

subunit consists of 12 ac (4.9 ha) owned 

by the California Department of Parks 

and Recreation and 1 ac (0.4 ha) that is 

privately owned. The primary threats 

that may require special management in 

this subunit are disturbance from 

human recreational use, as well as 

beach raking, which removes the wrack 

line and reduces food resources. 

CA 23, Santa Ana River Mouth, 13 ac (5 

ha) 

This unit is on the west coast of 

Orange County, immediately west of the 

City of Huntington Beach. It includes 

the following essential habitat features: 

a wide sandy beach with surf-cast wrack 

supporting small invertebrates, and 

tidally influenced estuarine mud flats 

that provide nesting and foraging habitat 

for snowy plovers. This site contains a 

large breeding colony of California Least 

Terns and has also supported breeding 

snowy plovers. This unit is the only 

beach front location in Orange County 

that supports adult plovers through the 

breeding season (see Criterion 3 above). 

The entire unit is owned by the 

California Department of Parks and 

Recreation. The primary threat that may 

require special management in this unit 

is disturbance from human recreational 

use. 

CA 24, San Onofre Beach, 58 ac (24 ha) 

This unit is on the west coast of San 

Diego County, at the northwest corner of 

Marine Corps Base Camp Pendleton. 

This unit stretches roughly 1.4 miles 

(2.2 km) from the mouth of San Mateo 

Creek to the mouth of San Onofre Creek 

and includes the following essential 

habitat features: a wide sandy beach 

with occasional surf-cast wrack 

supporting small invertebrates. This 

location contained a wintering flock of 

14 plovers in January, 2004, with 60 

recorded in January, 2003 (Clark in litt.

2004, Page in litt. 2004). This unit 

annually supports a large and 

significant wintering flock of plovers 

(Page in litt. 2004) and contributes 

significantly to the conservation goal for 

the region by providing habitat capable 

of supporting 15 breeding birds under 

proper management. The unit consists 

of 58 acres (23.5 ha), of which 46 ac 

(18.6 ha) are owned by the California 

Department of Parks and Recreation, 3 

ac (1.2 ha) are owned by the Department 

of Defense, and 9 ac (3.6 ha) are 

privately owned. The primary threat 

that may require special management in 

this unit is disturbance from human 

recreational use.

CA 25 (A, B and C), Batiquitos Lagoon, 

65 ac (26 ha) 

This unit is on the west coast of San 

Diego County, between the cities of 

Carlsbad and Encinitas. This unit 

includes three subunits that make up 

the breeding islands created for nesting 

seabirds and shorebirds during 

restoration of the lagoon in 1996. Also 

included is a portion of South Carlsbad 

State Beach that supports a significant 

wintering population of plovers. This 

unit includes the following essential 

habitat features: sandy beaches and 

tidally influenced estuarine mud flats 

with tide-cast organic debris supporting 

small invertebrates. This location 

contained a wintering flock of 82 

plovers in 2004 (Page in litt. 2004). 

Nineteen breeding adults were recorded 

during the 2003 window survey (Page in 

litt. 2003). This unit annually supports 

a large and significant wintering flock of 

plovers, and contributes significantly to 

the conservation goal for the region by 

providing habitat capable of supporting 

70 breeding birds under proper 

management. This unit consists of a 

total of 65 acres (26 ha), of which 9 

acres (4 ha) are owned by the California 

Department of Parks and Recreation, 21 

acres (8 ha) are owned by the California 

Department of Fish and Game, and 35 

acres (14 ha) are non-public. The 

primary threats that may require special 

management in this unit are egg and 

chick predation, as well as disturbance 

from human recreational use at South 

Carlsbad State Beach. 

CA 26, Los Penasquitos, 24 ac (10 ha) 

This unit is located in San Diego 

County, immediately south of the City 

of Del Mar. It includes a portion of 

Torrey Pines State Beach that supports 

a significant wintering population of 

plovers. Essential habitat features 

supported by the unit include a wide 

sandy beach with occasional surf-cast 

wrack supporting small invertebrates, as 

well as tidally influenced estuarine mud 

flats with tide-cast organic debris. This 

location contained a wintering flock of 

21 plovers in 2004, and 39 in 2003 

(Clark in litt. 2004, Page in litt. 2004). 

This unit annually supports a large and 

significant wintering flock of plovers, 

and contributes significantly to the 

conservation goal for the region by 

providing habitat capable of supporting 

ten breeding birds under proper 

management. The unit consists of 24 

acres (10 ha), all of which are owned by 

the California Department of Parks and 

Recreation. The primary threat that may 

require special management in this unit 

is disturbance from human recreational 

use. 

CA 27, South San Diego Beaches 

This unit includes six subunits in 

south San Diego County, California. 

Four of these subunits are on the Pacific 

coast, extending southwards from the 

mouth of San Diego Bay. The remaining 

two subunits (27D and 27E) are located 

in the San Diego Bay itself while a sixth 

subunit (27E) is in San Diego Bay itself. 

Subunits CA 27A and CA 27B, North 

Island/Coronado, 185 ac (75 ha) 

These two subunits are separated by 

a narrow stream outlet and will be 

considered together here. They are 

located immediately west of the City of 

Coronado. The two subunits stretch 

roughly 2.5 miles (4 km) from Zuniga 

Point to the south end of Coronado City 

Beach. They include the following 

essential habitat features: A wide sandy 

beach with occasional surf-cast wrack 

supporting small invertebrates, as well 

as wind-blown sand in dune systems 

immediately inland of the active beach 

face. This location contained a 

wintering flock of 37 plovers in January, 

2004 (Page in litt. 2004). Biologists also 

recorded 17 breeding adults during the 

2003 window survey (Page in litt. 2003). 

These subunits annually support a large 

and significant wintering flock of 

plovers, and contribute significantly to 

the conservation goal for the region by 

providing habitat capable of supporting 

20 breeding birds under proper 

management. CA 27A consists of 117 ac 

(47 ha), while CA 27B is comprised of 

68 ac (28 ha). Both subunits are entirely 

on land owned by the Department of 

Defense. The primary threats that may 

require special management in these 

subunits are disturbance from human 

recreational use and military activities, 

as well as beach raking, which removes 

the wrack line and reduces food 

resources. 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75629

Subunit CA 27C, Silver Strand, 174 ac 

(70 ha) 

This subunit is located immediately 

south of the City of Coronado. It 

stretches roughly 3.5 miles (5.6 km) 

along the Pacific coast side of the Silver 

Strand, from the southern end of NAB 

Coronado to the south end of the Naval 

Radio Receiving Facility. The essential 

habitat features of this subunit include 

a wide sandy beach with occasional 

surf-cast wrack supporting small 

invertebrates, as well as wind-blown 

sand in dune systems immediately 

inland of the active beach face. In 

conjunction with excluded habitat on 

NAB Coronado (see Exclusions, below) 

this location contained wintering flocks 

totaling 56 plovers in 2004 (Page in litt.

2004). Fifty eight breeding adults were 

recorded during the 2003 window 

survey (Page in litt. 2003). This subunit 

annually supports a large and 

significant wintering flock of plovers 

(Page in litt. 2004), and will contribute 

significantly to the recovery goal for the 

region by supporting 65 breeding birds 

under proper management. The subunit 

consists of 174 ac (70 ha), of which 75 

ac (30 ha) are owned by the U.S. 

Department of Defense (Navy), 96 ac (39 

ha) are owned by the California 

Department of Parks and Recreation, 

and 3 ac (1 ha) are non-public land. The 

primary threat that may require special 

management in this unit is disturbance 

from human recreational use and 

military training, as well as egg and 

chick predation. 

Subunit CA 27D, Delta Beach, 85 ac (35 

ha) 

This subunit is located immediately 

south of the City of Coronado on the 

west side of San Diego Bay. It includes 

the following essential habitat features: 

sandy beaches above and below mean 

high tide line and tidally influenced 

estuarine mud flats with tide-cast 

organic debris that provide nesting and 

foraging habitat for snowy plovers. This 

location contained a wintering flock of 

32 plovers in 2004 (Page in litt. 2004). 

It annually supports a large and 

significant wintering flock of plovers, 

and contributes significantly to the 

conservation goal for the region by 

providing habitat capable of supporting 

10 breeding birds under proper 

management. This subunit consists of 

85.3 acres (34.5 ha), all of which are 

owned by the Department of Defense. 

The primary threat that may require 

special management in this subunit is 

egg and chick predation. 

Subunit CA 27E, Sweetwater National 

Wildlife Refuge, 128 ac (52 ha) 

This subunit is located immediately 

west of the City of Chula Vista on the 

east side of San Diego Bay. It includes 

the following essential habitat features: 

Sandy beaches above and below mean 

high tide line and tidally influenced 

estuarine mud flats that provide nesting 

and foraging habitat for snowy plovers. 

This location contained a wintering 

flock of 36 plovers in 2004 (Page in litt.

2004). It annually supports a large and 

significant wintering flock of plovers, 

and contributes significantly to the 

conservation goal for the region by 

providing habitat capable of supporting 

20 breeding birds under proper 

management. This subunit consists of 

128 ac (51.8 ha), of which 77 ac (31.2 

ha) are owned by the U.S. Fish and 

Wildlife Service, and 51 ac (20.6 ha) are 

privately owned. The primary threat 

that may require special management in 

this subunit is egg and chick predation. 

Subunit CA 27F, Tijuana River Beach, 

182 ac (74 ha) 

This subunit is located immediately 

south of the City of Imperial Beach. It 

stretches roughly 2.3 miles (3.7 km) 

from the end of Seacoast Drive to the 

U.S./Mexico border. This location 

includes the following essential habitat 

features: A wide sandy beach with 

occasional surf-cast wrack supporting 

small invertebrates, as well as tidally 

influenced estuarine mud flats with 

tide-cast organic debris supporting 

small invertebrates for foraging. This 

subunit contained wintering flocks 

totaling 93 plovers in 2004 (Page in litt.

2004). It also supported at least 12 

breeding adults in 2003, as indicated by 

the 2003 window survey (Page in litt.

2003). This subunit annually supports a 

large and significant wintering flock of 

plovers, and contributes significantly to 

the conservation goal for the region by 

providing habitat capable of supporting 

40 breeding birds under proper 

management. The subunit is 182.4 ac 

(73.8 ha), of which 76 acres (30.8 ha) are 

owned by the California Department of 

Parks and Recreation, 83 acres (34 ha) 

are owned by the U.S. Fish and Wildlife 

Service, 22 acres (8.9 ha) are non-public, 

and 1.4 acres (0.5 ha) are owned by the 

Department of Defense. The primary 

threats that may require special 

management in this unit are disturbance 

from human recreational use and 

predation of chicks and eggs.

Effects of Critical Habitat Designation 

Section 7 Consultation 

The regulatory effects of a critical 

habitat designation under the Act are 

triggered through the provisions of 

section 7, which applies only to 

activities conducted, authorized, or 

funded by a Federal agency (Federal 

actions). Regulations implementing this 

interagency cooperation provision of the 

Act are codified at 50 CFR 402. 

Individuals, organizations, States, local 

governments, and other non-Federal 

entities are affected by the designation 

of critical habitat only if their actions 

occur on Federal lands, require a 

Federal permit, license, or other 

authorization, or involve Federal 

funding. 

Section 7(a)(2) of the Act requires 

Federal agencies, including the Service, 

to insure that their actions are not likely 

to jeopardize the continued existence of 

a listed species or result in the 

destruction or adverse modification of 

designated critical habitat. This 

requirement is met through section 7 

consultation under the Act. Our 

regulations define ‘‘jeopardize the 

continued existence of’’ as to engage in 

an action that reasonably would be 

expected, directly or indirectly, to 

reduce appreciably the likelihood of 

both the survival and recovery of a 

listed species in the wild by reducing 

the reproduction, numbers, or 

distribution of that species (50 CFR 

402.02). ‘‘Destruction or adverse 

modification of designated critical 

habitat’’ is defined as a direct or indirect 

alteration that appreciably diminishes 

the value of the critical habitat for both 

the survival and recovery of the species 

(50 CFR 402.02). Such alterations 

include, but are not limited to, adverse 

changes to the physical or biological 

features, i.e., the primary constituent 

elements, that were the basis for 

determining the habitat to be critical. 

We are currently reviewing the 

regulatory definition of adverse 

modification in relation to the 

conservation of the species. 

Section 7(a)(4) of the Act requires 

Federal agencies to confer with us on 

any action that is likely to jeopardize 

the continued existence of a proposed 

species or result in destruction or 

adverse modification of proposed 

critical habitat. Conference reports 

provide conservation recommendations 

to assist Federal agencies in eliminating 

conflicts that may be caused by their 

proposed actions. The conservation 

measures in a conference report are 

advisory. 

We may issue a formal conference 

report, if requested by the Federal action 

agency. Formal conference reports 

include an opinion that is prepared 

according to 50 CFR 402.14, as if the 

species was listed or critical habitat 

designated. We may adopt the formal 

75630 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

conference report as the biological 

opinion when the species is listed or 

critical habitat designated, if no 

substantial new information or changes 

in the action alter the content of the 

opinion (50 CFR 402.10(d)). 

If a species is listed or critical habitat 

is designated, section 7(a)(2) of the Act 

requires Federal agencies to ensure that 

activities they authorize, fund, or carry 

out are not likely to jeopardize the 

continued existence of such a species or 

to destroy or adversely modify its 

critical habitat. If a Federal action may 

affect a listed species or its critical 

habitat, the responsible Federal agency 

(action agency) must enter into 

consultation with us. Through this 

consultation, the Federal action agency 

would ensure that the permitted actions 

do not destroy or adversely modify 

critical habitat. 

If we issue a biological opinion 

concluding that a project is likely to 

result in the destruction or adverse 

modification of critical habitat, we also 

provide ‘‘reasonable and prudent 

alternatives’’ to the project, if any are 

identifiable. Reasonable and prudent 

alternatives are defined at 50 CFR 

402.02 as alternative actions identified 

during consultation that can be 

implemented in a manner consistent 

with the intended purpose of the action, 

that are consistent with the scope of the 

Federal agency’s legal authority and 

jurisdiction, that are economically and 

technologically feasible, and that the 

Service’s Regional Director believes 

would avoid the likelihood of 

jeopardizing the continued existence of 

listed species or resulting in the 

destruction or adverse modification of 

critical habitat. Reasonable and prudent 

alternatives can vary from slight project 

modifications to extensive redesign or 

relocation of the project. Costs 

associated with implementing a 

reasonable and prudent alternative are 

similarly variable. 

Regulations at 50 CFR 402.16 require 

Federal agencies to reinitiate 

consultation on previously reviewed 

actions under certain circumstances, 

including instances where critical 

habitat is subsequently designated and 

the Federal agency has retained 

discretionary involvement or control 

over the action or such discretionary 

involvement or control is authorized by 

law. Consequently, some Federal 

agencies may request reinitiation of 

consultation or a conference with us on 

actions for which formal consultation 

has been completed, if those actions 

may affect designated critical habitat, or 

adversely modify or destroy proposed 

critical habitat. 

Federal activities that may affect the 

Pacific Coast WSP or its critical habitat 

will require consultation under section 

7. Activities on private, State, or county 

lands, or lands under local jurisdictions 

requiring a permit from a Federal 

agency, such as Federal Highway 

Administration or Federal Emergency 

Management Act funding, or a permit 

from the Corps under section 404 of the 

Clean Water Act, will continue to be 

subject to the section 7 consultation 

process. Federal actions not affecting 

listed species or critical habitat, and 

actions on non-Federal lands that are 

not federally funded, authorized, or 

permitted, do not require section 7 

consultations. 

Section 4(b)(8) of the Act requires us 

to evaluate briefly and describe, in any 

proposed or final regulation that 

designates critical habitat, those 

activities involving a Federal action that 

may adversely modify such habitat or 

that may be affected by such 

designation. Activities that may destroy 

or adversely modify critical habitat 

include those that alter the primary 

constituent elements to an extent that 

the value of critical habitat for both the 

survival and recovery of Pacific Coast 

WSP is appreciably reduced. We note 

that such activities also may jeopardize 

the continued existence of the species. 

Activities that, when carried out, 

funded, or authorized by a Federal 

agency, may adversely affect critical 

habitat for the Pacific Coast WSP 

include, but are not limited to:

(1) Actions and management efforts 

affecting Pacific Coast WSP on Federal 

lands such as national seashores, parks, 

and wildlife reserves; 

(2) Dredging and dredge spoil 

placement that permanently removes 

PCEs to the extent the essential 

biological function of plovers are 

affected for the foreseeable future; 

(3) Construction and maintenance of 

roads, walkways, marinas, access 

points, bridges, culverts and other 

structures which interfere with plover 

nesting, breeding, or foraging or produce 

increases in predation; 

(4) Stormwater and wastewater 

discharge from communities; 

(5) Flood control actions that change 

the PCEs to the extent that the habitat 

no longer contributes to the 

conservation of the species. 

It is important to note that while all 

lands proposed for designation as 

critical habitat are within the historical 

geographic area occupied by the species, 

and are likely to be used by the Pacific 

Coast WSP habitat whether for foraging, 

breeding, growth of juveniles, dispersal, 

migration or sheltering. Some of these 

lands are currently subject to activities 

identified as potentially adversely 

modifying the critical habitat. To the 

extent the activities currently take place 

on designated land, those activities do 

not adversely modify the habitat. We 

consider all lands included in this 

designation to be essential to the 

conservation of the species. Federal 

agencies already consult with us on 

activities in areas currently occupied by 

the species, or if the species may be 

affected by the action, to ensure that 

their actions do not jeopardize the 

continued existence of the species. 

If you have questions regarding 

whether specific activities will 

constitute destruction or adverse 

modification of critical habitat, contact 

the Field Supervisor, Sacramento Fish 

and Wildlife Office (see ADDRESSES

section). Requests for copies of the 

regulations on listed wildlife and plants 

and inquiries about prohibitions and 

permits may be addressed to the Field 

Supervisor, Sacramento Fish and 

Wildlife Office (see ADDRESSES section) 

Application of Section 3(5)(A) and 

4(a)(3) and Exclusions Under Section 

4(b)(2) of the Act 

Section 3(5)(A) of the Act defines 

critical habitat as the specific areas 

within the geographic area occupied by 

the species on which are found those 

physical and biological features (I) 

essential to the conservation of the 

species and (II) which may require 

special management considerations or 

protection. Therefore, areas within the 

geographic area occupied by the species 

that do not contain the features essential 

for the conservation of the species are 

not, by definition, critical habitat. 

Similarly, areas within the geographic 

area occupied by the species that do not 

require special management also are 

not, by definition, critical habitat. To 

determine whether an area requires 

special management, we first determine 

if the essential features located there 

generally require special management to 

address applicable threats. If those 

features do not require special 

management, or if they do in general but 

not for the particular area in question 

because of the existence of an adequate 

management plan or for some other 

reason, then the area does not require 

special management. 

Generally, we consider a current plan 

to provide adequate management or 

protection if it is complete and provides 

a conservation benefit to the species and 

is reasonably certain of being 

implemented that those responsible for 

implementing the plan are capable of 

accomplishing the objectives, and have 

an implementation schedule or 

adequate funding for implementing the 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75631

management plan); and the plan 

provides a basis for the conservation 

strategies adopted and their 

effectiveness (i.e., it identifies biological 

goals, has provisions for reporting 

progress, and is of a duration sufficient 

to implement the plan and achieve the 

plan’s goals and objectives). 

Section 318 of the fiscal year 2004 

National Defense Authorization Act 

(Pub. L. No. 108–136) amended the Act 

to address the relationship of Integrated 

Natural Resources Management Plans 

(INRMPs) to critical habitat by adding a 

new section 4(a)(3)(B). This provision 

prohibits the Service from designating 

as critical habitat any lands or other 

geographical areas owned or controlled 

by the Department of Defense, or 

designated for its use, that are subject to 

an INRMP prepared under section 101 

of the Sikes Act (16 U.S.C. 670a), if the 

Secretary of the Interior determines in 

writing that such plan provides a benefit 

to the species for which critical habitat 

is proposed for designation. 

Further, section 4(b)(2) of the Act 

states that critical habitat shall be 

designated, and revised on the basis of 

the best scientific data available after 

taking into consideration the economic 

impact, the impact on national security, 

and any other relevant impact of 

specifying any particular area as critical 

habitat. An area may be excluded from 

critical habitat if it is determined, 

following an analysis, that the benefits 

of such exclusion outweigh the benefits 

of specifying a particular area as critical 

habitat, unless the failure to designate 

such area as critical habitat will result 

in the extinction of the species. 

In our critical habitat designations we 

may use both the provisions outlined in 

sections 3(5)(A) and 4(b)(2) of the Act to 

evaluate those specific areas that we are 

considering proposing to designate as 

critical habitat, as well as for those areas 

that are formally proposed for 

designation as critical habitat. Lands we 

have found do not meet the definition 

of critical habitat under section 3(5)(A), 

and lands excluded pursuant to section 

4(b)(2), include those covered by the 

following types of plans if they provide 

assurances that the conservation 

measures they outline will be 

implemented and effective: (1) Legally 

operative HCPs that cover the species; 

(2) draft HCPs that cover the species and 

have undergone public review and 

comment; (3) Tribal conservation plans 

that cover the species; (4) State 

conservation plans that cover the 

species; and (5) National Wildlife 

Refuge System Comprehensive 

Conservation Plans. We note that 

additional areas may also be considered 

for exclusion in the final rule and that 

any exclusions made in the final rule 

will be the result of a consideration of 

new information received, including 

consideration of all comments received 

and the findings of the economic and 

NEPA analyses. 

Exclusions 

We have considered and excluded ten 

entire units and portions of two other 

units from this proposal, based on the 

three provisions of the Act discussed 

above. 

Section 4(a)(3) 

Under section 4(a)(3) of the Act 

(resource management plans on military 

land), we are excluding one entire unit, 

consisting of 534 ac (212 ha) of beach 

habitat on San Nicholas Island, in 

Ventura County, California. This area, 

corresponding roughly to location CA–

100 in our Draft Recovery Plan, is 

owned by the U.S. Navy, and contains 

habitat capable of supporting 150 

breeding plovers with proper 

management. We base the exclusion of 

this unit on a completed INRMP 

addressing plover management for the 

area which has received a concurring 

biological opinion from us during 

formal consultation under section 7 of 

the Act.

Section 3(5)(A) and Section 4(b)(2) 

Under a combination of sections 

3(5)(A) (special management) and 

4(b)(2) (benefits comparison), we are 

excluding one entire unit in San Diego, 

California, as well as portions of two 

other units in Monterey and San Louis 

Obispo counties, California. The San 

Diego unit consists of 23 ac (9.3 ha) at 

the mouth of the San Diego Flood 

Control Channel, within area CA–126 in 

our Draft Recovery Plan (Service 2001). 

This area falls within the bounds of an 

approved subarea plan established 

under the San Diego Multiple Species 

Conservation Program (MSCP), a 

regional HCP encompassing more than 

236,000 ha (582,000 ac) and involving 

the City and County of San Diego and 

numerous other local governments. The 

MSCP provides for the establishment of 

approximately 69,573 ha (171,000 ac) of 

preserve areas for 85 federally listed and 

sensitive species, including the Pacific 

Coast WSP. This regional HCP is also a 

regional subarea plan under the NCCP 

program and is being developed in 

cooperation with California Department 

of Fish and Game. 

On the basis of the conservation 

benefits afforded the Pacific Coast WSP 

from the measures of the approved 

subarea plans of the MSCP and the 

provisions of section 4(b)(2) of the Act, 

we have excluded from proposed 

critical habitat those lands determined 

to be essential to the conservation of the 

Pacific Coast WSP that are within the 

boundaries of the approved subareas of 

the MSCP. We have further determined 

that the exclusion of these areas from 

critical habitat would not result in the 

extinction of the Pacific Coast WSP. The 

rationale for this determination is 

detailed below. 

We are also excluding those portions 

of units CA 17 and CA 23 that fall 

within the Salinas River National 

Wildlife Refuge (NWR) and the 

Guadalupe-Nipomo Dunes NWR 

respectively. The Salinas River NWR 

has completed a Comprehensive 

Conservation Plan (CCP) that addresses 

plovers, while the Guadalupe-Nipomo 

Dunes NWR has completed a plover 

management plan. Both plans have 

undergone section 7 review, and 

provide a conservation benefit to the 

species. The amounts of land excluded 

are 142 ac (57.5 ha) at Salinas River 

NWR, and 234 ac (94.7 ha) at 

Guadalupe-Nipomo Dunes NWR. 

The three essential habitat areas 

discussed above do not meet the 

definition of critical habitat under 

section 3(5)(A) of the Act because 

management plans already in place are 

adequate, and no special management 

will be required. We are simultaneously 

excluding them under section 4(b)(2) of 

the Act because, given the existence of 

approved management plans, the 

benefits of exclusion outweigh the 

benefits of inclusion. 

(1) Benefits of Inclusion 

The benefits of including areas in a 

critical habitat designation which are 

covered by approved HCPs, NCCP/

HCPs, CCPs or species-specific NWR 

management plans are normally small. 

The principal benefit of any designated 

critical habitat area is that federally 

funded or authorized activities in such 

habitat, that may affect it, require 

consultation under section 7 of the Act. 

Such consultation would help ensure 

the provision of adequate protection to 

avoid adverse modification or 

destruction of the critical habitat. Where 

approved management plans are in 

place, our experience indicates that this 

benefit is small or non-existent. The 

section 7 consultation process for 

approved and permitted management 

plans helps assure that such plans are 

crafted to ensure the long-term survival 

and conservation of listed and covered 

species and the protection of their 

essential habitat within the plan area. 

Where we have approved such plans, 

areas located within plan boundaries 

that we ordinarily would designate as 

critical habitat for a listed species will 

75632 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

be protected through creation of habitat 

reserves or through other conservation 

methods. Such approved plans include 

habitat management measures and 

protections for conservation lands 

designed to protect, restore, and 

enhance their value as habitat for 

covered species. 

Another possible benefit to including 

these lands is that the designation of 

critical habitat can serve to educate 

landowners and the public regarding the 

potential conservation value of an area. 

This may focus and contribute to 

conservation efforts by other parties by 

clearly delineating areas of high 

conservation value for certain species. 

However, NWR lands typically are 

already understood by the public to 

have a high conservation value, while 

the HCP or NCCP/HCP development 

process for non-Federal lands typically 

involves extensive public outreach and 

opportunity for public review, thereby 

accomplishing the same public 

education function as might critical 

habitat designation.

(2) Benefits of Exclusion 

The benefits of excluding areas 

protected by HCPs, NCCP/HCPs, or 

other approved management plans 

include relieving landowners, 

communities, and counties of any 

additional regulatory burden that might 

be imposed by critical habitat. This 

benefit is particularly compelling 

because we have made the 

determination that once an HCP, NCCP/

HCP, or other approved management 

plan is negotiated and approved by us 

after public comment, activities 

consistent with the plan will satisfy the 

requirements of the Act. Many such 

management plans can take years to 

develop, but are considered worth the 

effort due in part to the streamlining of 

regulatory compliance that such plans 

can produce. The imposition of an 

additional regulatory layer of review 

after the completion of such plans may 

therefore jeopardize conservation efforts 

and partnerships in many areas, and 

could be viewed as a disincentive to the 

development of such plans. By 

excluding areas protected by such 

management plans, we also afford 

greater regulatory certainty, and 

encourage the involvement and 

development of conservation 

partnerships with entities such as local 

governments, private conservation 

organizations, and private landowners. 

Another benefit of excluding HCPs or 

NCCP/HCPs is that it would encourage 

the continued development of 

partnerships with HCP or NCCP/HCP 

participants, including States, local 

governments, conservation 

organizations, and private landowners, 

that together can implement 

conservation actions we would be 

unable to accomplish. By excluding 

areas covered by HCPs or NCCP/HCPs 

from critical habitat designation, we 

clearly maintain our commitments, 

preserve these partnerships, and, we 

believe, set the stage for more effective 

conservation actions in the future. 

In addition, an approved management 

plan must undergo consultation 

pursuant to section 7 of the Act. While 

this consultation will not include a 

formal evaluation of the plan’s potential 

to adversely modify critical habitat 

unless critical habitat has already been 

designated within the proposed plan 

area, it will carefully analyze the effects 

of the plan on essential habitat areas as 

part of its jeopardy analysis under 

section 7 of the Act and (for HCPs or 

NCCP/HCPs) as part of its evaluation of 

the adequacy of the plan under section 

10 of the Act. Because virtually all such 

plans are developed to minimize and 

mitigate the impacts of take (as defined 

in the Act) of covered species resulting 

from habitat loss within the plan area, 

a fundamental goal of these plans is to 

identify and protect habitat essential to 

the covered species while directing 

development to non-habitat or lowerquality habitat areas. Thus, the plan’s 

effectiveness in protecting essential 

habitat within the plan boundaries will 

have been thoroughly addressed in the 

management plan itself, and consulted 

upon. Future Federal actions that may 

affect listed species would continue to 

require consultation under section 7 of 

the Act. 

Further, HCPs typically provide for 

greater conservation benefits to a 

covered species than consultations 

pursuant to section 7 of the Act because 

HCPs assure the long-term protection 

and management of a covered species 

and its habitat, and funding for such 

management through the standards 

found in the 5 Point Policy for HCPs (64 

FR 35242) and the HCP No Surprises 

regulation (63 FR 8859). Such 

assurances are typically not provided by 

consultations under section 7 of the Act 

that, in contrast to HCPs, often do not 

commit the project proponent to longterm special management or protections. 

Thus, a consultation typically does not 

accord the lands it covers the extensive 

benefits an HCP or NCCP/HCP provides. 

The development and implementation 

of an HCP or NCCP/HCP provides other 

important conservation benefits, 

including the development of biological 

information to guide conservation 

efforts and assist in species 

conservation, and the creation of 

innovative solutions to conserve species 

while allowing for development. 

(3) The Benefits of Exclusion Outweigh 

the Benefits of Inclusion 

In general, we find that the benefits of 

critical habitat designation for the 

Pacific Coast WSP on lands covered by 

the approved HCP that protects this 

population, or on NWR lands with 

approved CCPs or plover management 

plans, are small while the benefits of 

excluding such lands from designation 

of critical habitat are substantial. After 

weighing the small benefits of including 

these lands against the much greater 

benefits derived from exclusion, 

including encouraging the pursuit of 

additional conservation partnerships, 

we are excluding lands within approved 

sub-areas of the San Diego MSCP, and 

within the Salinas River and 

Guadalupe-Nipomo Dunes NWRs, from 

proposed critical habitat for the Pacific 

Coast WSP. 

We find that the above-mentioned 

management plans adequately protect 

essential Pacific Coast WSP habitat 

within their boundaries and provide 

appropriate management to maintain 

and enhance the long-term value of such 

habitat. The education benefits of 

critical habitat designation have been 

achieved through the public outreach 

and notice and comment procedures 

required prior to approval of these 

plans. For these reasons, we find that 

designation of critical habitat has little 

benefit in areas covered by these plans, 

and that such benefits are outweighed 

by the benefits of maintaining proactive 

partnerships with plan participants and 

encouraging additional conservation 

partnerships that will result from 

exclusion of essential habitat in these 

plan areas. We also find that the 

exclusion of these lands from proposed 

critical habitat will not result in the 

extinction of the Pacific Coast WSP, nor 

hinder its recovery because these plans 

have already been evaluated under 

section 7 of the Act to ensure that their 

implementation will not jeopardize the 

continued existence of the Pacific Coast 

WSP. 

Exclusions Under Section 4(b)(2) Alone 

(A) Exclusions of Military Lands 

We are also excluding under section 

4(b)(2) three units on military lands 

based on letters we have received from 

the base commanders establishing that 

the areas are used for military training. 

All of these bases are in San Diego 

County, California. Two of the excluded 

units, 79 ac (32 ha) and 428 ac (173 ha) 

in size respectively, are on Marine 

Corps Base Camp Pendleton (MCBCP) 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75633

(roughly corresponding to areas CA–114 

and 115 in the Draft Recovery Plan) 

(Service 2001), while the third (219 ac, 

88.6 ha) is on Naval Amphibious Base 

Coronado (NABC) (CA–128 in the Draft 

Recovery Plan). Based on the following 

analysis, we find that after taking into 

account the impact on national security, 

the benefit of excluding these units 

outweighs the benefit of including them. 

(1) Benefits of Inclusion 

The primary effect of designating any 

particular area as critical habitat is the 

requirement for Federal agencies to 

consult with us pursuant to section 7 of 

the Act to ensure actions they carry out, 

authorize, or fund do not destroy or 

adversely modify designated critical 

habitat. Absent critical habitat 

designation, Federal agencies remain 

obligated under section 7 to consult 

with us on actions that may affect a 

federally listed species to ensure such 

actions do not jeopardize the species’

continued existence. The Marine Corps 

routinely consults with us for activities 

on MCBCP that may affect federally 

listed species to ensure that the 

continued existence of such species are 

not jeopardized. The Navy does the 

same for activities on NABC. 

Designation of critical habitat may 

also provide educational benefits by 

informing land managers of areas 

essential to the conservation of the 

Pacific Coast WSP. In this case such 

educational value would be minimal, 

since the areas of essential habitat 

correspond closely to areas identified as 

important in the Draft Recovery Plan 

(CA–114, CA–115, and CA–128 Service 

2001). Additionally, NABC was 

designated as critical habitat for the 

Pacific Coast WSP in our original 

designation (Service 1999). 

(2) Benefits of Exclusion

The Marine Corps Base, Camp 

Pendleton is an amphibious training 

base that promotes combat readiness for 

military forces and is the only Marine 

Corps facility on the West Coast where 

amphibious operations can be combined 

with air, sea, and ground assault 

training activities year-round. The Naval 

Amphibious Base Coronado and its 

adjacent beaches provide training for 

Navy SEALs, amphibious insertion and 

other small units. It is one of only two 

amphibious training bases in the United 

States. 

Designation of critical habitat in 

mission-essential training areas at either 

base would trigger a requirement for the 

Marine Corps or Navy to consult on 

activities that may affect designated 

critical habitat and to reinitiate 

consultation on activities for which a 

consultation may have already been 

completed that assessed the effects to a 

federally listed species. The 

requirement to undertake additional 

consultations or revisit already 

completed consultations specifically to 

address the effects of activities on 

designated critical habitat could delay 

or impair the ability of the Marine Corps 

or Navy to train marines and SEALs for 

combat in support of continuous, global 

deployment to the western Pacific and 

southwest Asia (Department of the 

Navy; 2003 letter). 

(3) The Benefits of Exclusion Outweigh 

the Benefits of Inclusion 

Based on the impact to national 

security and the need of the Navy and 

Marine Corps to maintain a high level 

of military readiness and combat 

capability, we determine that the 

benefits of excluding mission-essential 

training areas from proposed critical 

habitat for the Pacific Coast WSP 

outweigh the benefits of including them 

in such designation. We, in conducting 

this analysis pursuant to section 4(b)(2) 

of the Act, determined that the 

exclusion of these lands from critical 

habitat will not result in the extinction 

of the Pacific Coast WSP. Although 

these lands are not included in 

designated critical habitat, the Marine 

Corps and Navy will still be required to 

consult with us on activities that may 

affect the Pacific Coast WSP, to ensure 

such activities do not jeopardize the 

continued existence of the species. 

Based on our analysis above, we are 

excluding these lands from proposed 

critical habitat for the plover pursuant 

to section 4(b)(2) of the Act based on the 

potential impacts on national security. 

(B) San Francisco Bay Exclusions 

We are also excluding under section 

4(b)(2) of the Act six units bordering the 

south San Francisco Bay and totaling 

1,847 ac (747.4 ha). Plover habitat in 

this region consists primarily of 

artificial salt ponds and associated 

levees, much of which has recently 

come under the management of various 

Local, State and Federal agencies 

including ourselves and the California 

Department of Fish and Game. The 

agencies are developing a management 

and restoration plan for the salt ponds 

that will take into account the 

conflicting habitat needs of at least four 

threatened or endangered species 

(Pacific Coast WSPs, clapper rails, salt 

marsh harvest mice, and least terns), as 

well as millions of migrating waterfowl 

and shorebirds that use the areas yearly. 

The plan is expected to be completed in 

2007. (Margaret Kolar, U.S. Fish and 

Wildlife Service, in litt., May 4, 2004).

(1) Benefits of Inclusion 

By including the six San Francisco 

Bay units in our proposed and final 

critical habitat designations, we could 

provide those areas with critical habitat 

protection by October, 2005, rather than 

waiting for the salt pond management 

plan to be completed in 2007. However, 

as discussed in the analyses for other 

excluded units above, the protections 

provided by critical habitat designation 

largely overlap protections already 

provided under section 7 of the Act. 

Three of the excluded units are on the 

Don Edwards San Francisco Bay 

National Wildlife Refuge, which is 

managed by the Service. Any significant 

changes to salt pond operations within 

those units would trigger consultation 

under section 7, as will the completion 

of the salt pond management plan itself. 

Two of the units are on land managed 

by the California Department of Fish 

and Game (CDFG), while the final and 

smallest unit is on land managed by a 

county governmental agency called the 

Hayward Area Recreation District 

(HARD). Both of these agencies are 

participating in development of the 

management plan, and neither would be 

directly affected by critical habitat 

designation since they are not federal 

agencies. Service participation in 

development of the management plan, 

and the consequent necessity to review 

the plan under section 7 when a draft 

has been completed, actually afford the 

Service greater opportunity to influence 

management of the state and locally 

owned units than would designating 

them as critical habitat. 

(2) Benefits of Exclusion 

By excluding the units from critical 

habitat designation we avoid interfering 

with the development of the salt pond 

management plan, which might 

otherwise establish habitat managed for 

plovers in other locations. The six 

excluded San Francisco Bay units were 

chosen based on recent high usage of 

those areas by plovers, but the plovers 

have demonstrated a willingness to 

travel relatively large distances within 

the Bay area to nest wherever habitat is 

most appropriate (Kolar in litt. 2004). 

Since plover habitat in the area can 

easily be created or removed in different 

areas by drying or flooding particular 

ponds, the management planners 

currently have the flexibility to move 

plover habitat to wherever it would be 

most advantageous in light of the 

conservation needs of the population 

and of other threatened and endangered 

species present in the Bay area. By 

designating critical habitat according to 

the current locations of essential habitat, 

75634 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

we would tend to lock the current 

management scheme into place for the 

designated units. 

Additionally, the management 

planning process is a collaborative effort 

involving cooperation and input from 

numerous stakeholders such as 

landowners, public land managers, and 

the general public. This allows the best 

information and local knowledge to be 

brought to the table, and may encourage 

a sense of commitment to the plover’s 

continuing well-being. Due to time 

constraints, we are unable to match this 

level of public participation in the 

critical habitat designation process. 

Finally, the enhancement and 

management of plover habitat will 

benefit greatly from coordination 

between the various owners and 

managers in the area. The ongoing 

planning process can provide for that 

coordination, whereas the critical 

habitat designation process cannot. 

(3) The Benefits of Exclusion Outweigh 

the Benefits of Inclusion 

We find that the plover will obtain 

greater benefits if we avoid designating 

habitat in the San Francisco Bay and 

instead allow participating agencies to 

complete their salt pond management 

plan unencumbered by critical habitat 

considerations. While the salt pond 

management plan offers considerable 

benefits in comparison to critical 

habitat, we must also consider the 

likelihood that the plan will be 

completed. In this case we find the 

likelihood to be high because the major 

participants are all resource 

management agencies, and because the 

management plan is related to the recent 

purchase by us and CDFG of 16,500 ac 

(6,677 ha) of salt ponds from a salt 

manufacturing company. This purchase 

involved the close cooperation of 

numerous resource management and 

environmental organizations, and had 

the strong support and active 

participation of U.S. Senator Diane 

Feinstein of California (Feinstein in litt.

2002). Accordingly, we are excluding 

six units in the south San Francisco Bay 

from designation. For the same reasons 

discussed above, and also because the 

south San Francisco Bay is a relatively 

small portion of the overall range of the 

population, we also find that such 

exclusion will not be likely to result in 

the population’s extinction.

Areas Which May Be Excluded From 

Final Critical Habitat Designation 

Parts of the proposed critical habitat 

Unit CA 23 (Pismo Beach/Nipomo) in 

San Luis Obispo County, and all the 

proposed units in Oregon are located 

within the potential planning areas of 

three HCPs which are currently in their 

planning and development stages. We 

may exclude some or all of those units 

in our final designation if the HCPs have 

undergone public review and provide 

sufficient assurances of conservation 

implementation and effectiveness at the 

time of our final designation. Other 

units which may be excluded from the 

final designation following further 

management planning or consultation 

include CA 24 and CA 25 (Vandenberg 

North and South) in Santa Barbara 

County, California, which are owned by 

the U.S. Air Force. Vandenberg Air 

Force Base has been managing plovers 

according to annual management plans, 

but presently does not have a long-term 

plover management plan or INRMP that 

has undergone formal section 7 

consultation with us. 

Economic Analysis 

Section 4(b)(2) of the Act requires us 

to designate critical habitat on the basis 

of the best scientific and commercial 

data available and to consider the 

economic impact, impact on national 

security, and other relevant impacts of 

designating a particular area as critical 

habitat. We may exclude areas from 

critical habitat upon a determination 

that the benefits of such exclusions 

outweigh the benefits of specifying such 

areas as critical habitat. We cannot 

exclude such areas from critical habitat 

when such exclusion will result in the 

extinction of the species. 

An analysis of the economic impacts 

of proposing critical habitat for the 

Pacific Coast WSP habitat is being 

prepared. We will announce the 

availability of the draft economic 

analysis as soon as it is completed, at 

which time we will seek public review 

and comment. At that time, copies of 

the draft economic analysis will be 

available for downloading from the 

Internet at http://sacramento.fws.gov, or 

by contacting the Sacramento Fish and 

Wildlife Office directly (see ADDRESSES

section). 

Peer Review 

In accordance with our joint policy 

published in the Federal Register on 

July 1, 1994 (59 FR 34270), we will seek 

the expert opinions of at least three 

appropriate specialists regarding this 

proposed rule. The purpose of such 

review is to ensure that our critical 

habitat designation is based on 

scientifically sound data, assumptions, 

and analyses. We will send these peer 

reviewers copies of this proposed rule 

immediately following publication in 

the Federal Register, and we will invite 

them to comment during the public 

comment period on the assumptions 

and conclusions regarding the proposed 

designation of critical habitat.

We will consider all comments and 

information received during the 

comment period on this proposed rule 

during preparation of a final 

rulemaking. Accordingly, the final 

decision may differ from this proposal. 

Public Hearings 

The Act provides for one or more 

public hearings on this proposal, if 

requested. Requests for public hearings 

must be made in writing at least 15 days 

prior to the close of the public comment 

period. Such requests must be made in 

writing and be addressed to the Field 

Supervisor (see ADDRESSES section). We 

will schedule public hearings on this 

proposal, if any are requested, and 

announce the dates, times, and places of 

those hearings in the Federal Register

and local newspapers at least 15 days 

prior to the first hearing. 

Clarity of the Rule 

Executive Order 12866 requires each 

agency to write regulations and notices 

that are easy to understand. We invite 

your comments on how to make this 

proposed rule easier to understand, 

including answers to questions such as 

the following: (1) Are the requirements 

in the proposed rule clearly stated? (2) 

Does the proposed rule contain 

technical jargon that interferes with the 

clarity? (3) Does the format of the 

proposed rule (grouping and order of 

the sections, use of headings, 

paragraphing, and so forth) aid or 

reduce its clarity? (4) Is the description 

of the proposed rule in the 

SUPPLEMENTARY INFORMATION section of 

the preamble helpful in understanding 

the proposed rule? (5) What else could 

we do to make this proposed rule easier 

to understand? 

Send a copy of any comments on how 

we could make this proposed rule easier 

to understand to: Office of Regulatory 

Affairs, Department of the Interior, 

Room 7229, 1849 C Street, NW., 

Washington, DC 20240. You may e-mail 

your comments to this address: 

Exsec@ios.doi.gov.

Required Determinations 

Regulatory Planning and Review 

In accordance with Executive Order 

12866, this document is a significant 

rule in that it may raise novel legal and 

policy issues, but it is not anticipated to 

have an annual effect on the economy 

of $100 million or more or adversely 

affect the economy in a material way. 

Due to the timeline for publication in 

the Federal Register, the Office of 

Management and Budget (OMB) has not 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75635

formally reviewed this rule. We are 

preparing a draft economic analysis of 

this proposed action. We will use this 

analysis to meet the requirement of 

section 4(b)(2) of the Act to determine 

the economic consequences of 

designating the specific areas as critical 

habitat. This economic analysis also 

will be used to determine compliance 

with Executive Order 12866, Regulatory 

Flexibility Act, Small Business 

Regulatory Enforcement Fairness Act, 

and Executive Order 12630.

The availability of the draft economic 

analysis will be announced in the 

Federal Register and in local 

newspapers so that it is available for 

public review and comments. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) of 1996), 

whenever an agency is required to 

publish a notice of rulemaking for any 

proposed or final rule, it must prepare 

and make available for public comment 

a regulatory flexibility analysis that 

describes the effects of the rule on small 

entities (i.e., small businesses, small 

organizations, and small government 

jurisdictions). However, no regulatory 

flexibility analysis is required if the 

head of the agency certifies the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The SBREFA amended the 

Regulatory Flexibility Act (RFA) to 

require Federal agencies to provide a 

statement of the factual basis for 

certifying that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

At this time, the Service lacks the 

available economic information 

necessary to provide an adequate factual 

basis for the required RFA finding. 

Therefore, the RFA finding is deferred 

until completion of the draft economic 

analysis prepared pursuant to section 

4(b)(2) of the ESA and E.O. 12866. This 

draft economic analysis will provide the 

required factual basis for the RFA 

finding. Upon completion of the draft 

economic analysis, the Service will 

publish a notice of availability of the 

draft economic analysis of the proposed 

designation and reopen the public 

comment period for the proposed 

designation for an additional 60 days. 

The Service will include with the notice 

of availability, as appropriate, an initial 

regulatory flexibility analysis or a 

certification that the rule will not have 

a significant economic impact on a 

substantial number of small entities 

accompanied by the factual basis for 

that determination. The Service has 

concluded that deferring the RFA 

finding until completion of the draft 

economic analysis is necessary to meet 

the purposes and requirements of the 

RFA. Deferring the RFA finding in this 

manner will ensure that the Service 

makes a sufficiently informed 

determination based on adequate 

economic information and provides the 

necessary opportunity for public 

comment. 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C. 802(2)) 

In the draft economic analysis, we 

will determine whether designation of 

critical habitat will cause (a) any effect 

on the economy of $100 million or 

more; (b) any increases in costs or prices 

for consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions; or (c) 

any significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises.

Executive Order 13211 

On May 18, 2001, the President issued 

an Executive Order (E.O. 13211) on 

regulations that significantly affect 

energy supply, distribution, and use. 

Executive Order 13211 requires agencies 

to prepare Statements of Energy Effects 

when undertaking certain actions. This 

proposed rule to designate critical 

habitat for the Pacific Coast WSP habitat 

is considered a significant regulatory 

action under Executive Order 12866 as 

it may raise novel legal and policy 

issues. However, this designation is not 

expected to significantly affect energy 

supplies, distribution, or use because 

there are no pipelines, distribution 

facilities, power grid stations, etc. 

within the boundaries of proposed 

critical habitat. Therefore, this action is 

not a significant energy action and no 

Statement of Energy Effects is required. 

We will, however, further evaluate this 

issue as we conduct our economic 

analysis and, as appropriate, review and 

revise this assessment as warranted. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), the Service makes the following 

findings: 

(a) This rule will not produce a 

Federal mandate. In general, a Federal 

mandate is a provision in legislation, 

statute, or regulation that would impose 

an enforceable duty upon State, local, 

tribal governments, or the private sector 

and includes both ‘‘Federal 

intergovernmental mandates’’ and 

‘‘Federal private sector mandates.’’

These terms are defined in 2 U.S.C. 

658(5)–(7). ‘‘Federal intergovernmental 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon State, local, or Tribal 

governments’’ with two exceptions. It 

excludes ‘‘a condition of Federal 

assistance.’’ It also excludes ‘‘a duty 

arising from participation in a voluntary 

Federal program,’’ unless the regulation 

‘‘relates to a then-existing Federal 

program under which $500,000,000 or 

more is provided annually to State, 

local, and Tribal governments under 

entitlement authority, ‘‘if the provision 

would ‘‘increase the stringency of 

conditions of assistance’’ or ‘‘place caps 

upon, or otherwise decrease, the Federal 

Government’s responsibility to provide 

funding’’ and the State, local, or tribal 

governments ‘‘lack authority’’ to adjust 

accordingly. (At the time of enactment, 

these entitlement programs were: 

Medicaid; AFDC work programs; Child 

Nutrition; Food Stamps; Social Services 

Block Grants; Vocational Rehabilitation 

State Grants; Foster Care, Adoption 

Assistance, and Independent Living; 

Family Support Welfare Services; and 

Child Support Enforcement.) ‘‘Federal 

private sector mandate’’ includes a 

regulation that ‘‘would impose an 

enforceable duty upon the private 

sector, except (i) a condition of Federal 

assistance; or (ii) a duty arising from 

participation in a voluntary Federal 

program.’’

The designation of critical habitat 

does not impose a legally binding duty 

on non-Federal government entities or 

private parties. Under the Act, the only 

regulatory effect is that Federal agencies 

must ensure that their actions do not 

destroy or adversely modify critical 

habitat under section 7. While nonFederal entities who receive Federal 

funding, assistance, permits, or 

otherwise require approval or 

authorization from a Federal agency for 

an action may be indirectly impacted by 

the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. Furthermore, to the 

extent that non-Federal entities are 

indirectly impacted because they 

receive Federal assistance or participate 

in a voluntary Federal aid program, the 

Unfunded Mandates Reform Act would 

not apply; nor would critical habitat 

shift the costs of the large entitlement 

programs listed above onto State 

governments. 

(b) Due to current public knowledge 

of the species’ protection, the 

prohibition against take of the species 

75636 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

both within and outside of the 

designated areas, and the fact that 

critical habitat provides no incremental 

restrictions, we do not anticipate that 

this rule will significantly or uniquely 

affect small governments. As such, 

Small Government Agency Plan is not 

required. We will, however, further 

evaluate this issue as we conduct our 

economic analysis and revise this 

assessment if appropriate. 

Takings 

In accordance with Executive Order 

12630 (‘‘Government Actions and 

Interference with Constitutionally 

Protected Private Property Rights’’), this 

rule is not anticipated to have 

significant takings implications. A 

takings implication assessment is not 

required. As discussed above, the 

designation of critical habitat affects 

only Federal actions. Although private 

parties that receive Federal funding, 

assistance, or require approval or 

authorization from a Federal agency for 

an action may be indirectly impacted by 

the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. Due to current public 

knowledge of the species’ protections, 

the prohibition against take of the 

species both within and outside of the 

proposed areas we do not anticipate that 

property values will be affected by the 

critical habitat designation. However, 

we have not yet completed the 

economic analysis for this proposed 

rule. Once the economic analysis is 

available, we will review and revise this 

preliminary assessment as warranted. 

Federalism 

In accordance with Executive Order 

13132, the rule does not have significant 

Federalism effects. A Federalism 

assessment is not required. In keeping 

with DOI and Department of Commerce 

policy, we requested information from, 

and coordinated development of, this 

proposed critical habitat designation 

with appropriate State resource agencies 

in California, Oregon and Washington. 

The designation of critical habitat in 

areas currently occupied by the Pacific 

Coast WSP habitat imposes no 

additional restrictions to those currently 

in place and, therefore, has little 

incremental impact on State and local 

governments and their activities. The 

designation may have some benefit to 

these governments in that the areas 

essential to the conservation of the 

species are more clearly defined, and 

the primary constituent elements of the 

habitat necessary to the survival of the 

species are specifically identified.

While making this definition and 

identification does not alter where and 

what federally sponsored activities may 

occur, it may assist these local 

governments in long-range planning 

(rather than waiting for case-by-case 

section 7 consultations to occur). 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that the rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. We have 

proposed designating critical habitat in 

accordance with the provisions of the 

Act. This proposed rule uses standard 

property descriptions and identifies the 

primary constituent elements within the 

designated areas to assist the public in 

understanding the habitat needs of the 

Pacific Coast WSP habitat. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by OMB under the Paperwork 

Reduction Act. This rule will not 

impose recordkeeping or reporting 

requirements on State or local 

governments, individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

It is our position that, outside the 

Tenth Circuit, we do not need to 

prepare environmental analyses as 

defined by the NEPA in connection with 

designating critical habitat under the 

Act. We published a notice outlining 

our reasons for this determination in the 

Federal Register on October 25, 1983 

(48 FR 49244). This assertion was 

upheld in the courts of the Ninth Circuit 

(Douglas County v. Babbitt, 48 F.3d 

1495 (9th Cir. Ore. 1995), cert. denied 

116 S. Ct. 698 (1996).] This final 

determination does not constitute a 

major Federal action significantly 

affecting the quality of the human 

environment. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

’’Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and the Department of 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. We 

have determined that there are not tribal 

lands located in areas determined 

essential for the conservation of the 

Pacific Coast WSP habitat. 

References Cited

A complete list of all references cited 

in this rulemaking is available upon 

request from the Field Supervisor, 

Sacramento Fish and Wildlife Office 

(see ADDRESSES section). 

Author(s) 

The primary author of this package is 

the Sacramento Fish and Wildlife Office 

staff (see ADDRESSES section).

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and record 

keeping requirements, Transportation.

Proposed Regulation Promulgation 

Accordingly, we propose to amend 

part 17, subchapter B of chapter I, title 

50 of the Code of Federal Regulations, 

as set forth below:

PART 17—[AMENDED] 

1. The authority citation for part 17 

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. In § 17.95(b), revise the entry for 

‘‘Charadrius alexandrinus nivosus’’

under ‘‘BIRDS’’ to read as follows:

§ 17.95 Critical habitat—fish and wildlife.

* * * * *

(b) Birds.

* * * * *

Western Snowy Plover (Charadrius 

alexandrinus nivosus)—Pacific coast 

population 

(1) Critical habitat units are depicted 

on the maps below for the following 

States and counties: 

Washington: Grays Harbor and Pacific 

counties; 

Oregon: Clatsop, Coos, Curry, 

Douglas, Lane, Lincoln, and Tillamook, 

counties; 

California: Del Norte, Humboldt, Los 

Angeles, Marin, Mendocino, Monterey, 

Orange, San Diego, San Luis Obispo, 

Santa Barbara, Santa Cruz, Sonoma, and 

Ventura counties. 

(2) The primary constituent elements 

of critical habitat for the Pacific Coast 

WSP are the habitat components that 

provide: 

(i) Sparsely vegetated areas above 

daily high tides (such as sandy beaches, 

dune systems immediately inland of an 

active beach face, salt flats, seasonally 

exposed gravel bars, dredge spoil sites, 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75637

artificial salt ponds and adjoining 

levees) that are relatively undisturbed 

by the presence of humans, pets, 

vehicles or human-attracted predators 

(essential for reproduction, food, shelter 

from predators, protection from 

disturbance, and space for growth and 

normal behavior). 

(ii) Sparsely vegetated sandy beach, 

mud flats, gravel bars or artificial salt 

ponds subject to daily tidal inundation 

but not currently under water, that 

support small invertebrates (essential 

for food). 

(iii) Surf or tide-cast organic debris 

such as seaweed or driftwood (essential 

to support small invertebrates for food, 

and to provide shelter from predators 

and weather for reproduction). 

(3) Critical habitat does not include 

existing features and structures, such as 

buildings, paved areas, boat ramps, and 

other developed areas not containing 

one or more of the primary constituent 

elements. Any such structures that were 

inside the boundaries of a critical 

habitat unit at the time it was 

designated are not critical habitat. The 

land on which such structures directly 

sit is also not critical habitat, so long as 

the structures remain in place.

(4) Critical Habitat Map Units—Data 

layers defining map units were created 

on a base of USGS 7.5’ quadrangles, and 

critical habitat units were then mapped 

using Universal Transverse Mercatur, 

North American Datum 1927 (UTM 

NAD 27) coordinates. These coordinates 

establish the vertices and endpoints of 

the landward bounds of the units. Other 

bounds are established descriptively 

according to compass headings and the 

position of the mean low waterline 

(MLW). For purposes of estimating unit 

sizes, we approximated MLW in 

California using the most recent GIS 

projection of mean high water (MHW). 

We chose MHW both because it is the 

only approximation of the coastline 

currently available in GIS format. We 

were unable to obtain recent GIS maps 

of MHW or MLW for Oregon and 

Washington; therefore, we 

approximated MLW for units in those 

States based on aerial photographs. 

(5) Note: Maps M1–M4 (index maps) 

follow: 

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75638 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.000</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75639


EP17DE04.001</GPH>
75640 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.002</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75641


EP17DE04.003</GPH><FNP>
75642 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(6) Unit WA–1, Gray’s Harbor County, 

Washington. 

(i) From USGS 1:24,000 quadrangle 

map Copalis Beach, Washington, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 409895, 5219820; 

409792, 5220191; 409737, 5220607; 

409846, 5220869; 410019, 5220958; 

410246, 5220997; 410440, 5220925; 

410529, 5220839; 410558, 5220730; 

410568, 5220582; 410613, 5220443; 

410652, 5220285; 410672, 5220152; 

410692, 5219934; 410702, 5219781; 

410746, 5219637; 410781, 5219464; 

410815, 5219316; 410737, 5219152; 

410668, 5219174; 410592, 5219348; 

410504, 5219330; 410475, 5219112; 

410519, 5218732; 410603, 5218317; 

410415, 5218331; 410083, 5218317; 

410059, 5218816; 410004, 5219365; 

returning to 409895, 5219820. 

(ii) Note: Unit WA 1 (Map M5) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75643


EP17DE04.004</GPH> <FNP>
75644 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(7) Unit WA–2, Gray’s Harbor County, 

Washington. 

(i) From USGS 1:24,000 quadrangle 

maps West Port, and Point Brown, 

Washington, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 411969, 5198743; 412118, 

5198955; 412321, 5199143; 412474, 

5199276; 412581, 5199342; 412760, 

5199464; 412914, 5199534; 413095, 

5199617; 413220, 5199696; 413634, 

5199705; 413834, 5199702; 413941, 

5199606; 414011, 5199668; 414163, 

5199815; 414189, 5199727; 414265, 

5199581; 414434, 5199496; 414600, 

5199488; 414816, 5199423; 414960, 

5199536; 415149, 5199660; 415368, 

5199839; 415604, 5199856; 415808, 

5199733; 416012, 5199539; 416064, 

5199233; 416059, 5198892; 416059, 

5198535; 416020, 5198256; 415914, 

5198083; 415679, 5198078; 415512, 

5198134; 415356, 5198262; 415200, 

5198457; 414976, 5198591; 414791, 

5198696; 414626, 5198794; 414430, 

5198897; 414260, 5199040; 414064, 

5199151; 413809, 5199254; 413603, 

5199268; 413412, 5199107; 413205, 

5198905; 413067, 5198813; 412875, 

5198772; 412670, 5198713; 412504, 

5198634; 412411, 5198529; 412393, 

5198396; 412460, 5198236; 412387, 

5198123; 412260, 5197998; 412114, 

5198138; 411995, 5198227; 411816, 

5198366; returning to 411969, 5198743. 

(ii) Note: Unit WA 2 (Map M6) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75645


EP17DE04.005</GPH><FNP>
75646 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(8) Unit WA–3, Pacific County, 

Washington. 

(i) From USGS 1:24,000 quadrangle 

maps Grayland, and North Cove, 

Washington, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 416476, 5177381; 415946, 

5177482; 415875, 5177830; 415806, 

5178119; 415755, 5178555; 415630, 

5178985; 415500, 5179419; 415492, 

5179835; 415746, 5180411; 415933, 

5180734; 416091, 5181113; 416093, 

5181429; 416098, 5181688; 416474, 

5181685; 416492, 5181483; 416521, 

5181242; 416550, 5180859; 416543, 

5180507; 416559, 5180293; 416559, 

5180171; 416537, 5180035; 416541, 

5179894; 416545, 5179798; 416570, 

5179614; 416563, 5179469; 416574, 

5179293; 416561, 5179199; 416543, 

5179101; 416528, 5178820; 416534, 

5178526; 416523, 5178330; 416545, 

5178157; 416516, 5177956; 416481, 

5177740; 416481, 5177511; returning to 

416476, 5177381. 

(ii) Note: Unit WA 3 (Map M7) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75647


EP17DE04.006</GPH><FNP>
75648 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(9) Unit WA–4, Pacific County, 

Washington. 

(i) From USGS 1:24,000 quadrangle 

maps North Cove, and Oysterville, 

Washington, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 418747, 5156518; 418673, 

5156518; 418673, 5156666; 418617, 

5157830; 418525, 5159271; 418433, 

5160860; 418285, 5162689; 418193, 

5164185; 418201, 5164730; 418262, 

5165289; 418377, 5166088; 418684, 

5166723; 419029, 5166925; 419464, 

5166919; 419684, 5166777; 419815, 

5166467; 419951, 5166110; 419928, 

5165908; 419966, 5165719; 420273, 

5165450; 420539, 5165109; 420908, 

5164721; 421093, 5164278; 421040, 

5164147; 420879, 5164141; 420790, 

5164219; 420951, 5164266; 420964, 

5164444; 420797, 5164647; 420665, 

5164635; 420317, 5164906; 420188, 

5164850; 420088, 5164980; 419916, 

5165052; 419874, 5165165; 419975, 

5165284; 419744, 5165589; 419600, 

5165670; 419319, 5165608; 418994, 

5165420; 418728, 5165146; 418559, 

5164873; 418488, 5164536; 418451, 

5163797; 418470, 5162818; 418577, 

5161684; 418631, 5160435; 418690, 

5159126; 418802, 5157775; 418863, 

5156521; returning to 418747, 5156518. 

(ii) Note: Unit WA 4 (Map M8) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75649


EP17DE04.007</GPH><FNP>
75650 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(10) Unit OR–1A, Clatsop County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

maps Clatsop Spit, and Warrenton, 

Oregon, land bounded by the following 

UTM 10 NAD 27 coordinates (E,N): 

423261, 5119887; 423249, 5119889; 

423241, 5119898; 423229, 5119913; 

423212, 5119937; 423194, 5119957; 

423180, 5119974; 423169, 5119994; 

423153, 5120013; 423134, 5120034; 

423125, 5120048; 423120, 5120063; 

423112, 5120076; 423101, 5120088; 

423088, 5120105; 423073, 5120125; 

423063, 5120147; 423047, 5120169; 

423037, 5120178; 423023, 5120194; 

423015, 5120224; 423004, 5120246; 

422999, 5120292; 422995, 5120328; 

422985, 5120405; 422968, 5120466; 

422948, 5120514; 422926, 5120548; 

422896, 5120574; 422844, 5120609; 

422775, 5120649; 422684, 5120689; 

422613, 5120729; 422589, 5120743; 

422548, 5120758; 422537, 5120757; 

422515, 5120754; 422486, 5120751; 

422428, 5120744; 422355, 5120731; 

422257, 5120711; 422164, 5120690; 

422079, 5120666; 422036, 5120653; 

422013, 5120641; 421945, 5120587; 

421885, 5120533; 421858, 5120503; 

421815, 5120452; 421770, 5120391; 

421748, 5120349; 421723, 5120319; 

421695, 5120260; 421685, 5120228; 

421647, 5120151; 421616, 5120111; 

421596, 5120075; 421165, 5120166; 

421191, 5120183; 421251, 5120227; 

421306, 5120269; 421377, 5120329; 

421442, 5120393; 421534, 5120465; 

421675, 5120532; 421794, 5120587; 

421842, 5120607; 421883, 5120624; 

421923, 5120643; 421951, 5120653; 

421962, 5120659; 422000, 5120681; 

422024, 5120696; 422054, 5120705; 

422082, 5120712; 422124, 5120732; 

422179, 5120757; 422222, 5120781; 

422250, 5120795; 422269, 5120801; 

422301, 5120800; 422337, 5120799; 

422388, 5120809; 422449, 5120819; 

422506, 5120825; 422555, 5120823; 

422619, 5120813; 422663, 5120805; 

422706, 5120793; 422755, 5120776; 

422778, 5120765; 422824, 5120743; 

422852, 5120725; 422872, 5120707; 

422893, 5120679; 422903, 5120662; 

422919, 5120640; 422943, 5120598; 

422962, 5120567; 422982, 5120530; 

422996, 5120501; 423005, 5120480; 

423013, 5120460; 423018, 5120440; 

423024, 5120417; 423033, 5120379; 

423038, 5120365; 423038, 5120351; 

423029, 5120294; 423023, 5120237; 

423024, 5120218; 423027, 5120210; 

423031, 5120203; 423033, 5120194; 

423039, 5120187; 423048, 5120180; 

423058, 5120170; 423070, 5120153; 

423080, 5120139; 423087, 5120126; 

423102, 5120109; 423111, 5120092; 

423120, 5120076; 423128, 5120060; 

423135, 5120049; 423160, 5120015; 

423178, 5119990; 423195, 5119968; 

423205, 5119956; 423220, 5119939; 

423234, 5119922; 423246, 5119906; 

returning to 423261, 5119887. 

(ii) Note: Unit OR 1A (Map M9) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75651


EP17DE04.008</GPH><FNP>
75652 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(11) Unit OR–1B, Clatsop County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Gearhart, Oregon, land bounded by 

the following UTM 10 NAD 27 

coordinates (E,N): 428373, 5095247; 

428372, 5095242; 428347, 5095244; 

428265, 5095257; 428188, 5095276; 

428150, 5095296; 428127, 5095323; 

428107, 5095351; 428098, 5095397; 

428098, 5095450; 428061, 5095508; 

428045, 5095554; 428046, 5095596; 

428049, 5095636; 428058, 5095694; 

428068, 5095768; 428074, 5095824; 

428078, 5095923; 428087, 5095993; 

428095, 5096141; 428103, 5096225; 

428107, 5096353; 428111, 5096391; 

428189, 5096392; 428193, 5096303; 

428205, 5096107; 428213, 5096007; 

428220, 5095939; 428230, 5095882; 

428247, 5095802; 428255, 5095763; 

428269, 5095732; 428279, 5095706; 

428302, 5095679; 428340, 5095645; 

428373, 5095623; 428394, 5095611; 

428411, 5095612; 428422, 5095619; 

428432, 5095623; 428443, 5095634; 

428462, 5095659; 428483, 5095679; 

428498, 5095703; 428518, 5095730; 

428538, 5095748; 428555, 5095767; 

428564, 5095775; 428574, 5095774; 

428564, 5095754; 428550, 5095728; 

428552, 5095709; 428564, 5095683; 

428605, 5095653; 428646, 5095627; 

428686, 5095601; 428719, 5095583; 

428737, 5095558; 428752, 5095528; 

428757, 5095499; 428743, 5095496; 

428723, 5095486; 428705, 5095458; 

428685, 5095449; 428660, 5095435; 

428632, 5095420; 428595, 5095400; 

428552, 5095366; 428503, 5095335; 

428465, 5095309; 428430, 5095280; 

returning to 428373, 5095247. 

(ii) Note: Unit OR 1B (Map M10) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75653


EP17DE04.009</GPH><FNP>
75654 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(12) Unit OR–2, Tillamook County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Nehalem, Oregon, land bounded by 

the following UTM 10 NAD 27 

coordinates (E,N): 426638, 5056202; 

426648, 5056302; 426646, 5056338; 

426661, 5056396; 426661, 5056458; 

426663, 5056510; 426687, 5056614; 

426732, 5056817; 426740, 5056973; 

426742, 5057098; 426718, 5057204; 

426726, 5057301; 426737, 5057468; 

426745, 5057574; 426761, 5057643; 

426803, 5057778; 426792, 5057915; 

426782, 5058021; 426792, 5058093; 

426808, 5058259; 426824, 5058421; 

426811, 5058532; 426811, 5058627; 

426824, 5058717; 426835, 5058799; 

426827, 5058865; 426844, 5059001; 

426860, 5059088; 426852, 5059200; 

426844, 5059277; 426841, 5059362; 

426845, 5059456; 426836, 5059519; 

426831, 5059570; 426968, 5059568; 

426964, 5059469; 426963, 5059215; 

426955, 5058919; 426943, 5058617; 

426927, 5058311; 426922, 5058110; 

426910, 5057915; 426900, 5057761; 

426893, 5057610; 426881, 5057478; 

426882, 5057364; 426882, 5057264; 

426889, 5057130; 426892, 5056994; 

426900, 5056918; 426908, 5056844; 

426917, 5056790; 426933, 5056698; 

426943, 5056642; 426954, 5056531; 

426996, 5056441; 427037, 5056392; 

427080, 5056366; 427119, 5056356; 

427129, 5056363; 427150, 5056378; 

427180, 5056406; 427204, 5056433; 

427245, 5056486; 427274, 5056526; 

427281, 5056538; 427282, 5056592; 

427282, 5056667; 427281, 5056692; 

427285, 5056696; 427300, 5056700; 

427323, 5056712; 427356, 5056727; 

427391, 5056746; 427396, 5056755; 

427389, 5056768; 427389, 5056787; 

427370, 5056799; 427349, 5056822; 

427345, 5056826; 427348, 5056832; 

427340, 5056841; 427333, 5056841; 

427321, 5056849; 427314, 5056859; 

427303, 5056871; 427285, 5056887; 

427267, 5056906; 427249, 5056929; 

427249, 5056947; 427248, 5056964; 

427256, 5056980; 427262, 5057004; 

427266, 5057067; 427266, 5057081; 

427267, 5057099; 427291, 5057099; 

427300, 5057059; 427312, 5057025; 

427318, 5057006; 427341, 5056974; 

427377, 5056945; 427400, 5056929; 

427425, 5056920; 427454, 5056918; 

427476, 5056912; 427502, 5056888; 

427517, 5056862; 427525, 5056834; 

427522, 5056811; 427506, 5056796; 

427494, 5056776; 427478, 5056754; 

427434, 5056724; 427380, 5056682; 

427342, 5056636; 427321, 5056611; 

427317, 5056595; 427312, 5056566; 

427296, 5056535; 427273, 5056498; 

427249, 5056469; 427196, 5056414; 

427165, 5056384; 427146, 5056363; 

427128, 5056348; 427098, 5056332; 

427067, 5056320; 427029, 5056299; 

426991, 5056279; 426969, 5056271; 

426936, 5056261; 426896, 5056252; 

426872, 5056246; 426843, 5056238; 

426812, 5056231; 426790, 5056232; 

426767, 5056231; 426715, 5056220; 

returning to 426638, 5056202. 

(ii) Note: Unit OR 2 (Map M11) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75655


EP17DE04.010</GPH><FNP>
75656 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(13) Unit OR–3, Tillamook County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Garibaldi, Oregon, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 425807, 5046046; 

425855, 5046042; 425953, 5046029; 

426052, 5045994; 426095, 5045969; 

426142, 5045939; 426175, 5045895; 

426208, 5045840; 426224, 5045807; 

426227, 5045780; 426208, 5045772; 

426184, 5045778; 426149, 5045794; 

426122, 5045784; 426098, 5045756; 

426081, 5045721; 426091, 5045643; 

426120, 5045495; 426128, 5045441; 

426159, 5045231; 426167, 5045131; 

426167, 5045049; 426151, 5045006; 

426143, 5044953; 426151, 5044898; 

426159, 5044844; 426124, 5044732; 

426104, 5044648; 426078, 5044433; 

426052, 5044257; 426020, 5044062; 

425972, 5043800; 425889, 5043253; 

425718, 5043279; 425706, 5043277, 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 425807, 5046046. 

(ii) Note: Unit OR 3 (Map M12) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75657


EP17DE04.011</GPH><FNP>
75658 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(14) Unit OR–4, Tillamook County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Netarts, Oregon, land bounded by 

the following UTM 10 NAD 27 

coordinates (E,N): 424605, 5028430; 

424600, 5028443; 424602, 5028544; 

424623, 5028623; 424637, 5028652; 

424658, 5028710; 424671, 5028790; 

424666, 5028861; 424666, 5028914; 

424671, 5028954; 424674, 5029049; 

424671, 5029126; 424684, 5029213; 

424672, 5029269; 424688, 5029339; 

424684, 5029412; 424670, 5029462; 

424683, 5029525; 424704, 5029599; 

424695, 5029650; 424696, 5029689; 

424733, 5029738; 424765, 5029793; 

424774, 5029895; 424768, 5029978; 

424780, 5030056; 424766, 5030101; 

424749, 5030150; 424749, 5030197; 

424786, 5030254; 424805, 5030324; 

424803, 5030398; 424787, 5030509; 

424802, 5030591; 424847, 5030686; 

424875, 5030754; 424883, 5030789; 

424897, 5030890; 424900, 5030953; 

424911, 5031005; 424944, 5031092; 

424987, 5031194; 425048, 5031277; 

425114, 5031358; 425170, 5031395; 

425200, 5031409; 425235, 5031436; 

425285, 5031452; 425359, 5031463; 

425428, 5031448; 425460, 5031422; 

425483, 5031394; 425498, 5031352; 

425521, 5031286; 425528, 5031206; 

425522, 5031154; 425505, 5031129; 

425471, 5031110; 425441, 5031099; 

425410, 5031089; 425369, 5031072; 

425337, 5031071; 425312, 5031066; 

425238, 5031074; 425242, 5031088; 

425250, 5031109; 425253, 5031125; 

425254, 5031140; 425254, 5031160; 

425248, 5031167; 425240, 5031182; 

425231, 5031183; 425216, 5031183; 

425199, 5031173; 425183, 5031167; 

425152, 5031142; 425123, 5031094; 

425094, 5031038; 425075, 5030997; 

425054, 5030952; 425024, 5030871; 

425010, 5030811; 424991, 5030685; 

424955, 5030457; 424936, 5030293; 

424921, 5030158; 424910, 5029996; 

424901, 5029904; 424894, 5029825; 

424879, 5029581; 424868, 5029462; 

424856, 5029338; 424842, 5029151; 

424826, 5028918; 424813, 5028760; 

424809, 5028678; 424803, 5028607; 

424795, 5028555; 424795, 5028510; 

424788, 5028470; 424786, 5028433; 

returning to 424605, 5028430. 

(ii) Note: Unit OR 4 (Map M13) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75659


EP17DE04.012</GPH><FNP>
75660 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(15) Unit OR–5A, Tillamook County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Sand Lake, Oregon, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 424809, 5014200; 

424794, 5014205; 424774, 5014213; 

424760, 5014217; 424730, 5014223; 

424674, 5014247; 424634, 5014265; 

424584, 5014284; 424515, 5014286; 

424473, 5014308; 424428, 5014331; 

424367, 5014334; 424330, 5014347; 

424325, 5014405; 424343, 5014448; 

424410, 5014477; 424470, 5014530; 

424492, 5014585; 424492, 5014644; 

424476, 5014728; 424444, 5014789; 

424418, 5014845; 424404, 5014890; 

424404, 5014940; 424400, 5014987; 

424420, 5015042; 424424, 5015092; 

424434, 5015143; 424488, 5015147; 

424591, 5015155; 424581, 5015133; 

424563, 5015131; 424552, 5015101; 

424548, 5015035; 424553, 5014871; 

424558, 5014709; 424562, 5014617; 

424562, 5014513; 424570, 5014465; 

424585, 5014446; 424605, 5014398; 

424650, 5014346; 424712, 5014289; 

424748, 5014276; 424758, 5014294; 

424761, 5014320; 424761, 5014339; 

424771, 5014365; 424800, 5014420; 

424817, 5014455; 424816, 5014474; 

424806, 5014485; 424804, 5014498; 

424797, 5014508; 424788, 5014520; 

424791, 5014526; 424804, 5014531; 

424816, 5014534; 424837, 5014536; 

424863, 5014527; 424886, 5014508; 

424903, 5014493; 424927, 5014479; 

424926, 5014468; 424903, 5014455; 

424869, 5014435; 424837, 5014406; 

424815, 5014377; 424801, 5014339; 

424804, 5014307; 424814, 5014285; 

424827, 5014254; 424834, 5014226; 

424830, 5014204; returning to 424809, 

5014200

(ii) Note: Units OR 5A, OR 5B (Map 

M14) follows after description of OR 5B. 

(16) Unit OR–5B, Tillamook County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Sand Lake, Oregon, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 424272, 5011745; 

424142, 5011750; 424143, 5011756; 

424146, 5011801; 424157, 5011855; 

424169, 5011928; 424173, 5011972; 

424191, 5012066; 424231, 5012163; 

424248, 5012228; 424247, 5012294; 

424251, 5012360; 424259, 5012478; 

424249, 5012566; 424241, 5012663; 

424227, 5012699; 424235, 5012727; 

424264, 5012775; 424305, 5012859; 

424347, 5012988; 424358, 5013105; 

424350, 5013183; 424326, 5013208; 

424281, 5013167; 424259, 5013174; 

424263, 5013221; 424294, 5013281; 

424331, 5013344; 424335, 5013377; 

424329, 5013436; 424319, 5013477; 

424323, 5013545; 424330, 5013618; 

424351, 5013709; 424379, 5013760; 

424405, 5013811; 424408, 5013842; 

424409, 5013877; 424399, 5013926; 

424395, 5013967; 424409, 5014019; 

424431, 5014068; 424428, 5014106; 

424404, 5014124; 424372, 5014112; 

424368, 5014067; 424362, 5013985; 

424350, 5013948; 424337, 5013991; 

424317, 5014049; 424300, 5014106; 

424306, 5014151; 424322, 5014207; 

424347, 5014221; 424387, 5014215; 

424460, 5014198; 424515, 5014192; 

424552, 5014188; 424593, 5014166; 

424583, 5014143; 424562, 5014117; 

424540, 5014097; 424514, 5014036; 

424518, 5013979; 424532, 5013970; 

424573, 5014031; 424609, 5014065; 

424658, 5014104; 424711, 5014134; 

424745, 5014162; 424780, 5014161; 

424796, 5014126; 424798, 5014075; 

424809, 5014018; 424827, 5013987; 

424870, 5013954; 424925, 5013929; 

424954, 5013916; 424964, 5013883; 

424964, 5013843; 424953, 5013798; 

424929, 5013784; 424858, 5013782; 

424781, 5013785; 424753, 5013785; 

424724, 5013780; 424700, 5013777; 

424675, 5013782; 424659, 5013786; 

424634, 5013778; 424608, 5013758; 

424583, 5013721; 424570, 5013704; 

424562, 5013699; 424532, 5013643; 

424501, 5013584; 424486, 5013545; 

424480, 5013506; 424468, 5013413; 

424461, 5013319; 424440, 5013237; 

424413, 5013129; 424398, 5012999; 

424391, 5012877; 424379, 5012757; 

424375, 5012675; 424363, 5012598; 

424359, 5012499; 424353, 5012437; 

424325, 5012324; 424310, 5012226; 

424304, 5012130; 424300, 5012047; 

424288, 5011936; 424278, 5011836; 

returning to 424272, 5011745. 

(ii) Note: Units OR 5A, OR 5B (Map 

M14) follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75661


EP17DE04.013</GPH>
75662 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(17) Unit OR–6, Tillamook County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Nestucca Bay, Oregon, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 423971, 5000986; 

423938, 5000991; 423900, 5000996; 

423864, 5001005; 423835, 5001014; 

423813, 5001020; 423724, 5001053; 

423680, 5001098; 423646, 5001125; 

423633, 5001145; 423637, 5001192; 

423653, 5001238; 423659, 5001291; 

423647, 5001365; 423637, 5001408; 

423645, 5001442; 423680, 5001487; 

423689, 5001544; 423693, 5001584; 

423703, 5001654; 423699, 5001724; 

423694, 5001774; 423692, 5001828; 

423693, 5001881; 423703, 5001939; 

423707, 5001968; 423719, 5002022; 

423703, 5002045; 423687, 5002087; 

423673, 5002137; 423674, 5002180; 

423682, 5002217; 423693, 5002260; 

423713, 5002317; 423733, 5002365; 

423737, 5002428; 423739, 5002479; 

423733, 5002518; 423739, 5002553; 

423734, 5002592; 423736, 5002619; 

423741, 5002662; 423746, 5002709; 

423756, 5002757; 423761, 5002782; 

423776, 5002824; 423767, 5002856; 

423770, 5002923; 423790, 5003014; 

423801, 5003088; 423807, 5003151; 

423806, 5003212; 423810, 5003268; 

423813, 5003300; 423823, 5003337; 

423830, 5003377; 423830, 5003409; 

423827, 5003459; 423824, 5003508; 

423816, 5003545; 423814, 5003594; 

423817, 5003640; 423817, 5003679; 

423820, 5003735; 423833, 5003761; 

423838, 5003799; 423851, 5003850; 

423860, 5003898; 423864, 5003940; 

423861, 5003970; 423865, 5004016; 

423868, 5004057; 423988, 5004057; 

423984, 5004021; 423975, 5003959; 

423974, 5003878; 423969, 5003832; 

423969, 5003782; 423964, 5003719; 

423952, 5003664; 423937, 5003592; 

423922, 5003481; 423918, 5003387; 

423896, 5003169; 423892, 5002968; 

423870, 5002776; 423864, 5002627; 

423854, 5002478; 423839, 5002404; 

423835, 5002285; 423829, 5002199; 

423822, 5002105; 423809, 5002027; 

423810, 5001959; 423839, 5001915; 

423869, 5001923; 423892, 5001958; 

423901, 5001992; 423929, 5002055; 

423954, 5002171; 423989, 5002287; 

424020, 5002363; 424065, 5002424; 

424112, 5002471; 424163, 5002514; 

424181, 5002495; 424159, 5002466; 

424125, 5002435; 424098, 5002410; 

424081, 5002381; 424070, 5002348; 

424067, 5002314; 424069, 5002269; 

424072, 5002209; 424066, 5002170; 

424066, 5002145; 424060, 5002111; 

424054, 5002068; 424068, 5002017; 

424079, 5001943; 424102, 5001856; 

424088, 5001811; 424066, 5001744; 

424047, 5001684; 424031, 5001693; 

424021, 5001724; 424021, 5001772; 

424021, 5001815; 424003, 5001834; 

423975, 5001809; 423954, 5001761; 

423954, 5001708; 423981, 5001659; 

423994, 5001609; 423969, 5001484; 

423948, 5001416; 423948, 5001348; 

423969, 5001257; 424007, 5001183; 

424015, 5001114; 424007, 5001044; 

423993, 5000999; returning to 423971, 

5000986. 

(ii) Note: Units OR 6 (Map M15) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75663


EP17DE04.014</GPH> <FNP>
75664 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(18) Unit OR–7, Lane County, Oregon. 

(i) From USGS 1:24,000 quadrangle 

maps Mercer Lake OE W, and Mercer 

Lake, Oregon, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 410183, 4883959; 410218, 

4883951; 410246, 4883955; 410260, 

4883947; 410265, 4883920; 410273, 

4883864; 410269, 4883809; 410257, 

4883747; 410252, 4883652; 410244, 

4883585; 410241, 4883515; 410230, 

4883391; 410213, 4883323; 410205, 

4883270; 410202, 4883221; 410198, 

4883167; 410200, 4883104; 410207, 

4883029; 410211, 4882970; 410206, 

4882928; 410206, 4882870; 410213, 

4882806; 410239, 4882738; 410252, 

4882699; 410254, 4882655; 410259, 

4882615; 410261, 4882590; 410259, 

4882532; 410230, 4882501; 410203, 

4882470; 410179, 4882445; 410156, 

4882418; 410135, 4882388; 410116, 

4882344; 410099, 4882271; 410059, 

4881847; 410020, 4881553; 410011, 

4881367; 409963, 4881129; 409938, 

4880858; 409903, 4880597; 409872, 

4880368; 409867, 4880331; 409863, 

4880299; 409874, 4880271; 409885, 

4880244; 409903, 4880212; 409921, 

4880180; 409943, 4880130; 409952, 

4880094; 409956, 4880050; 409954, 

4880012; 409933, 4879992; 409921, 

4879973; 409921, 4879955; 409929, 

4879927; 409941, 4879890; 409944, 

4879863; 409941, 4879833; 409935, 

4879815; 409920, 4879804; 409874, 

4879770; 409848, 4879743; 409839, 

4879717; 409832, 4879667; 409841, 

4879634; 409837, 4879601; 409822, 

4879571; 409801, 4879536; 409784, 

4879508; 409775, 4879488; 409764, 

4879474; 409753, 4879444; 409768, 

4879273; 409762, 4879169; 409726, 

4879017; 409708, 4878913; 409692, 

4878839; 409682, 4878765; 409698, 

4878740; 409696, 4878733; 409699, 

4878717; 409701, 4878694; 409696, 

4878656; 409687, 4878598; 409692, 

4878500; 409693, 4878433; 409699, 

4878296; 409699, 4878270; 409695, 

4878244; 409682, 4878211; 409665, 

4878174; 409645, 4878126; 409639, 

4878088; 409638, 4878061; 409631, 

4878025; 409629, 4877989; 409615, 

4877967; 409609, 4877942; 409604, 

4877919; 409604, 4877895; 409613, 

4877852; 409597, 4877832; 409549, 

4877801; 409529, 4877773; 409450, 

4877776; 409382, 4877775; 409347, 

4877775; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 410183, 4883959. 

(ii) Note: Unit OR 7 (Map M16) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75665


EP17DE04.015</GPH> <FNP>
75666 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(19) Unit OR–8A, Lane County and 

Douglas County, Oregon. 

(i) From USGS 1:24,000 quadrangle 

maps Goose Pasture, and Tahkenitch 

Creek, Oregon, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 407399, 4860677; 407512, 

4860668; 407536, 4860649; 407546, 

4860573; 407570, 4860530; 407597, 

4860457; 407582, 4860415; 407524, 

4860421; 407482, 4860442; 407400, 

4859792; 407391, 4859761; 407387, 

4859696; 407385, 4859650; 407378, 

4859572; 407370, 4859516; 407365, 

4859477; 407348, 4859373; 407344, 

4859279; 407337, 4859241; 407338, 

4859206; 407335, 4859179; 407333, 

4859157; 407328, 4859143; 407328, 

4859127; 407330, 4859104; 407338, 

4859088; 407346, 4859075; 407358, 

4859064; 407370, 4859057; 407389, 

4859050; 407418, 4859039; 407436, 

4859029; 407456, 4859016; 407479, 

4858997; 407512, 4858967; 407531, 

4858948; 407553, 4858931; 407578, 

4858906; 407587, 4858884; 407598, 

4858846; 407612, 4858818; 407618, 

4858789; 407626, 4858760; 407629, 

4858742; 407628, 4858717; 407620, 

4858691; 407614, 4858674; 407620, 

4858633; 407632, 4858609; 407642, 

4858581; 407653, 4858557; 407671, 

4858532; 407690, 4858502; 407696, 

4858486; 407698, 4858467; 407701, 

4858458; 407680, 4858431; 407643, 

4858402; 407632, 4858399; 407606, 

4858357; 407565, 4858283; 407532, 

4858251; 407492, 4858191; 407465, 

4858155; 407454, 4858128; 407454, 

4858063; 407402, 4858010; 407335, 

4857991; 407297, 4857996; 407266, 

4857991; 407232, 4857990; 407202, 

4857979; 407181, 4857951; 407161, 

4857908; 407145, 4857855; 407131, 

4857792; 407127, 4857763; 407114, 

4857726; 407091, 4857601; 407077, 

4857519; 407056, 4857385; 407020, 

4857165; 407011, 4857100; 406996, 

4856986; 406988, 4856901; 406903, 

4856901 proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 407399, 4860677. 

(ii) Note: Unit OR 8A (Map M17) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75667


EP17DE04.016</GPH> <FNP>
75668 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(20) Unit OR–8B, Douglas County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Tahkenitch Creek, Oregon, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 406852, 4856627; 

406942, 4856626; 406889, 4856228; 

406828, 4855764; 406774, 4855388; 

406719, 4855094; 406721, 4855073; 

406730, 4855047; 406756, 4855023; 

406790, 4855013; 406827, 4855005; 

406838, 4854996; 406814, 4854864; 

406815, 4854839; 406811, 4854804; 

406803, 4854769; 406786, 4854746; 

406783, 4854725; 406772, 4854680; 

406749, 4854626; 406750, 4854588; 

406730, 4854491; 406714, 4854455; 

406710, 4854438; 406714, 4854398; 

406700, 4854301; 406683, 4854216; 

406675, 4854197; 406620, 4854190; 

406594, 4854176; 406580, 4854166; 

406555, 4853957; 406555, 4853937; 

406601, 4853932; 406634, 4853937; 

406665, 4853927; 406682, 4853910; 

406679, 4853865; 406665, 4853815; 

406650, 4853786; 406616, 4853747; 

406581, 4853723; 406540, 4853705; 

406524, 4853687; 406510, 4853680; 

406503, 4853648; 406324, 4852508; 

406311, 4852397; 406288, 4852279; 

406188, 4851651; 406139, 4851272; 

406109, 4850981; 406094, 4850862; 

406112, 4850810; 406136, 4850769; 

406164, 4850739; 406205, 4850717; 

406241, 4850648; 406268, 4850527; 

406271, 4850439; 406254, 4850357; 

406243, 4850277; 406233, 4850190; 

406208, 4850159; 406180, 4850148; 

406191, 4850118; 406178, 4850052; 

406150, 4849995; 406161, 4849964; 

406180, 4849942; 406149, 4849887; 

406142, 4849859; 406131, 4849818; 

406125, 4849763; 406106, 4849709; 

406076, 4849613; 406089, 4849501; 

406063, 4849426; 406033, 4849393; 

405990, 4849385; 405951, 4849350; 

405932, 4849323; 405929, 4849295; 

405920, 4849255; 405881, 4849256; 

405829, 4849252; 405798, 4849226; 

405768, 4849126; 405705, 4848682; 

405672, 4848514; 405609, 4848210; 

405576, 4847990; 405543, 4847814; 

405461, 4847397; 405367, 4846902; 

405280, 4846370; 405238, 4846136; 

405096, 4845425; 405005, 4845433; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 406852, 4856627. 

(ii) Note: Unit OR 8B (Map M18) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75669


EP17DE04.017</GPH> <FNP>
75670 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(21) Unit OR–8C, Douglas County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Winchester Bay, Oregon, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 403950, 4840360; 

404033, 4840333; 403766, 4839137; 

403684, 4838764; 403681, 4838748; 

403581, 4838751; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 403950, 4840360. 

(ii) Note: Unit OR–8C (Map M19) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75671


EP17DE04.018</GPH> <FNP>
75672 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(22) Unit OR–8D, Coos County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Lakeside, Oregon, land bounded by 

the following UTM 10 NAD 27 

coordinates (E,N): 401636, 4828760; 

401679, 4828749; 401747, 4828726; 

401658, 4828374; 401613, 4828096; 

401470, 4827477; 401409, 4827191; 

401129, 4826018; 401127, 4826013; 

401086, 4825757; 401054, 4825630; 

401025, 4825485; 400988, 4825352; 

400986, 4825307; 401004, 4825278; 

401041, 4825223; 401105, 4825207; 

401218, 4825201; 401279, 4825159; 

401303, 4825088; 401306, 4825027; 

401290, 4824934; 401229, 4824826; 

401173, 4824723; 401118, 4824609; 

400993, 4824523; 400901, 4824418; 

400880, 4824308; 400860, 4824209; 

400860, 4824112; 400857, 4824072; 

400855, 4824044; 400852, 4824012; 

400827, 4823985; 400798, 4823971; 

400769, 4823937; 400747, 4823910; 

400729, 4823894; 400718, 4823871; 

400697, 4823844; 400679, 4823812; 

400650, 4823775; 400612, 4823704; 

400552, 4823593; 400483, 4823365; 

400446, 4823262; 400393, 4823043; 

400362, 4822926; 400335, 4822833; 

400320, 4822785; 400224, 4822422; 

400189, 4822303; 400141, 4822147; 

400030, 4822156; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 401636, 4828760. 

(ii) Note: Units OR 8D (Map M20).

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75673


EP17DE04.019</GPH> <FNP>
75674 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(23) Unit OR–9, Coos County, Oregon. 

(i) From USGS 1:24,000 quadrangle 

maps Empire, and Charleston, Oregon, 

land bounded by the following UTM 10 

NAD 27 coordinates (E,N): 401636, 

4828760; 394245, 4805890; 393957, 

4805261; 393701, 4804768; 393592, 

4804572; 393390, 4804169; 393440, 

4804146; 393286, 4803816; 393209, 

4803614; 393042, 4803271; 392971, 

4803090; 392984, 4802913; 392971, 

4802808; 392997, 4802749; 393060, 

4802650; 392984, 4802525; 392909, 

4802426; 392851, 4802339; 392965, 

4802319; 393103, 4802120; 393037, 

4801882; 392991, 4801895; 392942, 

4801829; 392915, 4801780; 392702, 

4801829; 392390, 4801908; 392192, 

4801921; 392137, 4801773; 392058, 

4801603; 391696, 4801111; 391595, 

480115 proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 401636, 4828760. 

(ii) Note: Units OR 9 (Map M21) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75675


EP17DE04.020</GPH><FNP>
75676 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(24) Unit OR–10A, Coos County and 

Curry County, Oregon. 

(i) From USGS 1:24,000 quadrangle 

maps Bandon, Floras Lake, and 

Langlois, Oregon, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 383032, 4769361; 383046, 

4769436; 383042, 4769495; 383042, 

4769541; 383036, 4769584; 383034, 

4769625; 383032, 4769672; 383047, 

4769672; 383079, 4769666; 383115, 

4769654; 383145, 4769655; 383178, 

4769655; 383202, 4769645; 383228, 

4769633; 383248, 4769596; 383259, 

4769526; 383250, 4769486; 383225, 

4769479; 383179, 4769476; 383171, 

4769447; 383135, 4769361; 383100, 

4769213; 383079, 4769128; 383063, 

4769061; 383047, 4768989; 383045, 

4768946; 383030, 4768890; 383012, 

4768820; 382991, 4768707; 382977, 

4768620; 382965, 4768535; 382940, 

4768432; 382917, 4768316; 382895, 

4768227; 382870, 4768128; 382853, 

4768018; 382833, 4767920; 382798, 

4767778; 382768, 4767645; 382735, 

4767504; 382713, 4767389; 382691, 

4767273; 382666, 4767174; 382643, 

4767072; 382628, 4766975; 382608, 

4766922; 382591, 4766834; 382566, 

4766684; 382544, 4766554; 382576, 

4766510; 382603, 4766451; 382644, 

4766419; 382674, 4766392; 382671, 

4766339; 382641, 4766274; 382588, 

4766209; 382541, 4766138; 382545, 

4766086; 382567, 4766024; 382556, 

4765947; 382545, 4765889; 382529, 

4765815; 382508, 4765731; 382480, 

4765623; 382443, 4765515; 382432, 

4765445; 382402, 4765359; 382379, 

4765289; 382368, 4765189; 382358, 

4765107; 382333, 4765011; 382296, 

4764904; 382289, 4764842; 382255, 

4764757; 382230, 4764699; 382219, 

4764637; 382198, 4764585; 382190, 

4764527; 382180, 4764495; 382154, 

4764458; 382142, 4764403; 382142, 

4764352; 382142, 4764287; 382120, 

4764238; 382110, 4764191; 382108, 

4764152; 382081, 4764081; 382057, 

4764030; 382051, 4764000; 382053, 

4763958; 382032, 4763917; 382035, 

4763877; 382038, 4763851; 381965, 

4763851; 381908, 4763845; 381855, 

4763831; 381835, 4763787; 381815, 

4763732; 381796, 4763652; 381768, 

4763565; 381740, 4763474; 381700, 

4763351; 381665, 4763216; 381633, 

4763117; 381613, 4763049; 381577, 

4762926; 381547, 4762797; 381509, 

4762682; 381487, 4762602; 381457, 

4762530; 381435, 4762449; 381415, 

4762385; 381387, 4762281; 381356, 

4762183; 381331, 4762117; 381322, 

4762102; 381279, 4761979; 381241, 

4761866; 381217, 4761735; 381284, 

4761715; 381342, 4761681; 381292, 

4761524; 381229, 4761341; 381210, 

4761227; 381165, 4761047; 381126, 

4760920; 381057, 4760801; 381017, 

4760674; 380975, 4760600; 380940, 

4760529; 380922, 4760431; 380893, 

4760280; 380861, 4760150; 380845, 

4760050; 380821, 4759978; 380771, 

4759894; 380735, 4759845; 380710, 

4759775; 380685, 4759712; 380647, 

4759617; 380621, 4759515; 380602, 

4759445; 380558, 4759388; 380539, 

4759293; 380507, 4759191; 380469, 

4759070; 380450, 4758982; 380431, 

4758842; 380405, 4758791; 380386, 

4758721; 380361, 4758639; 380348, 

4758556; 380340, 4758479; 380312, 

4758387; 380278, 4758300; 380183, 

4758086; 379983, 4758087; 379957, 

4757987; 379865, 4757759; 379821, 

4757615; 379737, 4757407; 379704, 

4757340; 379624, 4757140; 379560, 

4756968; 379496, 4756803; 379432, 

4756628; 379387, 4756528; 379333, 

4756378; 379270, 4756202; 379190, 

4756013; 379160, 4755949; 379119, 

4755837; 379072, 4755728; 379003, 

4755562; 378939, 4755407; 378934, 

4755397; 378894, 4755299; 378848, 

4755186; 378802, 4755067; 378732, 

4754907; 378684, 4754772; 378652, 

4754685; 378588, 4754546; 378553, 

4754457; 378497, 4754350; 378440, 

4754210; 378435, 4754197; 378372, 

4754061; 378343, 4753975; 378311, 

4753896; 378286, 4753834; 378276, 

4753808; 378264, 4753779; 378238, 

4753706; 378235, 4753663; 378233, 

4753630; 378226, 4753586; 378215, 

4753550; 378208, 4753517; 378208, 

4753479; 378193, 4753454; 378168, 

4753407; 378140, 4753371; 378140, 

4753331; 378149, 4753278; 378140, 

4753234; 378110, 4753195; 378099, 

4753128; 378063, 4753070; 378034, 

4753026; 378017, 4752979; 377999, 

4752941; 377988, 4752913; 377955, 

4752901; 377934, 4752879; 377939, 

4752854; 377935, 4752828; 377911, 

4752803; 377895, 4752751; 377879, 

4752704; 377867, 4752664; 377851, 

4752619; 377850, 4752586; 377832, 

4752547; 377811, 4752531; 377785, 

4752535; 377769, 4752528; 377750, 

4752506; 377728, 4752511; 377714, 

4752531; 377697, 4752531; 377703, 

4752515; 377700, 4752489; 377688, 

4752482; 377692, 4752456; 377673, 

4752408; 377646, 4752346; 377641, 

4752310; 377639, 4752271; 377630, 

4752232; 377594, 4752154; 377575, 

4752116; 377560, 4752101; 377543, 

4752081; 377528, 4752077; 377524, 

4752063; 377532, 4752050; 377506, 

4752057; 377484, 4752070; 377462, 

4752061; 377445, 4752023; 377415, 

4751972; 377378, 4751899; 377368, 

4751881; 377287, 4751726; 377202, 

4751552; 377118, 4751382; 377052, 

4751245; 377001, 4751131; 376982, 

4751082; 376962, 4751045; 376928, 

4750980; 376866, 4750871; 376751, 

4750655; 376686, 4750517; 376667, 

4750450; 376658, 4750421; 376640, 

4750398; 376621, 4750368; 376621, 

4750340; 376624, 4750312; 376624, 

4750295; 376616, 4750282; 376607, 

4750262; 376599, 4750241; 376588, 

4750216; 376577, 4750207; 376442, 

4750212; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 383032, 4769361. 

(ii) Note: Units OR 10A (Map M22) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75677


EP17DE04.021</GPH><FNP>
75678 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(25) Unit OR–10B, Curry County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Cape Blanco, Oregon, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 374260, 4745960; 

374314, 4745907; 374279, 4745835; 

374192, 4745721; 374165, 4745664; 

374150, 4745590; 374200, 4745538; 

374259, 4745504; 374298, 4745489; 

374320, 4745451; 374337, 4745406; 

374361, 4745373; 374373, 4745337; 

374376, 4745298; 374367, 4745268; 

374352, 4745232; 374334, 4745205; 

374226, 4745194; 374160, 4745216; 

374083, 4745202; 374027, 4745166; 

373977, 4745207; 373969, 4745263; 

373977, 4745329; 373983, 4745379; 

373948, 4745350; 373919, 4745300; 

373885, 4745231; 373876, 4745161; 

373872, 4745115; 373864, 4745070; 

373842, 4745035; 373819, 4744978; 

373784, 4744944; 373750, 4744929; 

373681, 4744915; 373662, 4744875; 

373629, 4744819; 373593, 4744717; 

373562, 4744578; 373562, 4744578; 

373503, 4744580; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 374260, 4745960. 

(ii) Note: Unit OR–10B (Map M23) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75679


EP17DE04.022</GPH><FNP>
75680 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(26) Unit OR–10C, Curry County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Cape Blanco, Oregon, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 374519, 4740961; 

374556, 4740953; 374606, 4740901; 

374661, 4740817; 374705, 4740740; 

374746, 4740729; 374802, 4740690; 

374832, 4740636; 374830, 4740602; 

374832, 4740565; 374840, 4740512; 

374854, 4740467; 374866, 4740424; 

374871, 4740375; 374888, 4740319; 

374905, 4740272; 374920, 4740229; 

374926, 4740181; 374937, 4740107; 

374936, 4740037; 374953, 4739984; 

374976, 4739927; 374998, 4739875; 

375019, 4739820; 375064, 4739692; 

375112, 4739562; 375160, 4739383; 

375224, 4739164; 375267, 4739024; 

375309, 4738905; 375354, 4738763; 

375395, 4738741; 375428, 4738744; 

375450, 4738722; 375464, 4738651; 

375474, 4738603; 375445, 4738554; 

375443, 4738453; 375481, 4738378; 

375536, 4738323; 375534, 4738275; 

375516, 4738246; 375516, 4738194; 

375522, 4738128; 375528, 4738072; 

375521, 4738023; 375519, 4737985; 

375521, 4737931; 375541, 4737888; 

375537, 4737835; 375600, 4737434; 

375533, proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 374519, 4740961. 

(ii) Note: Unit OR–10C (Map M24) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75681


EP17DE04.023</GPH><FNP>
75682 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(27) Unit OR–11, Curry County, 

Oregon. 

(i) From USGS 1:24,000 quadrangle 

map Ophir, Oregon, land bounded by 

the following UTM 10 NAD 27 

coordinates (E,N): 385905, 4713626; 

385993, 4713626; 385989, 4713589; 

385989, 4713556; 386000, 4713524; 

386001, 4713474; 385994, 4713439; 

385991, 4713412; 385982, 4713369; 

385976, 4713340; 385973, 4713309; 

385965, 4713278; 385962, 4713256; 

385966, 4713234; 385966, 4713208; 

385957, 4713179; 385970, 4713134; 

385994, 4713103; 386012, 4713069; 

386019, 4713036; 386031, 4712992; 

386027, 4712938; 386014, 4712919; 

385995, 4712912; 385965, 4712889; 

385952, 4712862; 385956, 4712836; 

385970, 4712805; 385992, 4712752; 

386009, 4712717; 386043, 4712713; 

386074, 4712704; 386054, 4712687; 

386032, 4712668; 386009, 4712660; 

385987, 4712658; 385956, 4712652; 

385931, 4712631; 385902, 4712625; 

385885, 4712612; 385898, 4712569; 

385904, 4712521; 385895, 4712473; 

385896, 4712427; 385893, 4712375; 

385885, 4712335; 385864, 4712295; 

385836, 4712274; 385804, 4712268; 

385762, 4712271; 385729, 4712275; 

385711, 4712250; 385704, 4712220; 

385699, 4712187; 385694, 4712158; 

385692, 4712137; 385685, 4712118; 

385675, 4712079; 385663, 4712049; 

385652, 4712017; 385649, 4711996; 

385600, 4711856; 385600, 4711856; 

385531, 4711877; 385513, 4711884; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 385905, 4713626. 

(ii) Note: Unit OR–11 (Map M25) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75683


EP17DE04.024</GPH>
75684 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(28) Unit OR–12, Gray’s Harbor 

County, Washington. 

(i) From USGS 1:24,000 quadrangle 

maps Empire, and Charleston, Oregon, 

land bounded by the following UTM 10 

NAD 27 coordinates (E,N): 401636, 

4828760; 394245, 4805890; 393957, 

4805261; 393701, 4804768; 393592, 

4804572; 393390, 4804169; 393440, 

4804146; 393286, 4803816; 393209, 

4803614; 393042, 4803271; 392971, 

4803090; 392984, 4802913; 392971, 

4802808; 392997, 4802749; 393060, 

4802650; 392984, 4802525; 392909, 

4802426; 392851, 4802339; 392965, 

4802319; 393103, 4802120; 393037, 

4801882; 392991, 4801895; 392942, 

4801829; 392915, 4801780; 392702, 

4801829; 392390, 4801908; 392192, 

4801921; 392137, 4801773; 392058, 

4801603; 391696, 4801111; 391595, 

480115; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 401636, 4828760. 

(ii) Note: Unit OR–12 (Map M26) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75685


EP17DE04.025</GPH>
75686 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(29) Unit CA–1, Del Norte County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Crescent City, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 399441, 4635774; 

399504, 4635777; 399425, 4635468; 

399384, 4635314; 399275, 4634785; 

398991, 4633566; 398466, 4631552; 

398670, 4631260; 398324, 4631005; 

398324, 4631005; 398209, 4631037; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 399441, 4635774. 

(ii) Note: Units CA–1 (Map M27) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75687


EP17DE04.026</GPH><FNP>
75688 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(30) Unit CA–2, Humboldt County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Rodgers Peak, and Trinadad, 

California, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 406854, 4563175; 406909, 

4563169; 406777, 4562537; 406691, 

4561673; 406135, 4560211; 405555, 

4558600; 405187, 4557482; 404923, 

4557330; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 406854, 4563175. 

(ii) Note: Units CA–2 (Map M28) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75689


EP17DE04.027</GPH><FNP>
75690 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(31) Unit CA–3A, Humboldt County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Crannell, and Arcata North, 

California, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 406554, 4541473; 406850, 

4541471; 406870, 4540965; 406746, 

4540695; 406583, 4540426; 406413, 

4539149; 406354, 4538891; 406371, 

4538797; 406294, 4538652; 406149, 

4538652; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 406554, 4541473. 

(ii) Note: Units CA–3A, CA–3B (Map 

M29) follows after description of CA–

3B: 

(32) Unit CA–3B, Humboldt County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Arcata North, and Tyee City, 

California, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 405657, 4536319; 405968, 

4536317; 404931, 4531851; 404539, 

4531879 proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 405657, 4536319. 

(ii) Note: Units CA–3A, CA–3B (Map 

M29) follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75691


EP17DE04.028</GPH><FNP>
75692 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(33) Unit CA–4A, Humboldt County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Eureka, Fields Landing, and 

Cannibal Island, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 395866, 4512270; 

395968, 4512054; 395898, 4511510; 

395741, 4511140; 394616, 4509320; 

394166, 4508589; 392132, 4505460; 

392114, 4505473 proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 395866, 4512270. 

(ii) Note: Units CA–4A (Map M30) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75693


EP17DE04.029</GPH><FNP>
75694 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(34) Unit CA–4B, Humboldt County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Cannibal Island, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 392114, 4505473; 

392178, 4505423; 392157, 4505254; 

391892, 4504800; 391616, 4504350; 

390808, 4502622; 390100, 4501334; 

389495, 4499927; 389538, 4499526; 

389226, 4499809 proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 392114, 4505473. 

(ii) Note: Units CA–4B (Map M31) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75695


EP17DE04.030</GPH><FNP>
75696 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(35) Unit CA–4C, Humboldt County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Cannibal Island, and Ferndale, 

California, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 389046, 4499539; 389171, 

4499501; 388506, 4498145; 385862, 

4492184; 385723, 4492184 proceed 

generally N following the mean low 

water mark (defined at the beginning of 

the section) and returning to 389046, 

4499539. 

(ii) Note: Unit CA–4C (Map M32) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75697


EP17DE04.031</GPH><FNP>
75698 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(36) Unit CA–4D, Humboldt County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Fortuna, California, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 398394, 4496472; 

399149, 4496127; 400242, 4495244; 

401586, 4494208; 402142, 4492667; 

402449, 4491912; 402481, 4491253; 

402263, 4490095; 402276, 4489021; 

402468, 4488324; 402916, 4487812; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 398394, 4496472. 

(ii) Note: Unit CA–4D (Map M33) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75699


EP17DE04.032</GPH><FNP>
75700 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(37) Unit CA–5, Mendocino County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Inglenook, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 434183, 4378272; 

434210, 4378274; 434246, 4377994; 

434507, 4377586; 434498, 4376652; 

434928, 4376643; 434941, 4376311; 

434702, 4375952; 434316, 4375850; 

434321, 4375592; 433949, 4375521; 

433722, 4375797; 433623, 4375691; 

433938, 4375209; 434062, 4374702; 

434048, 4374174; 434190, 4373926; 

434133, 4373749; 433892, 4373805; 

433570, 4374036; 433436, 4374324; 

433498, 4374626; 433493, 4374864; 

433391, 4374920; 433325, 4374764; 

433205, 4374397; 433246, 4374176; 

433373, 4374009; 433684, 4372868; 

433502, 4372573; 432647, 4372582; 

432442, 4372975; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 434183, 4378272. 

(ii) Note: Unit CA–5 (Map M34) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75701


EP17DE04.033</GPH><FNP>
75702 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(38) Unit CA–6, Mendocino County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Mallo Pass Creek, and Point Arena 

California, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 439747, 4317317; 439796, 

4317313; 439669, 4316995; 439235, 

4315894; 438610, 4314327; 438483, 

4314133; 438349, 4313805; 438391, 

4313293; 438277, 4312863; 438136, 

4312640; 438192, 4311851; 437426, 

4311863; 437428, 4312213; 437179, 

4312237; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 439747, 4317317. 

(ii) Note: Unit CA–6 (Map M35) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75703


EP17DE04.034</GPH><FNP>
75704 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(39) Unit CA–7, Marin County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Tomales, California, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 502478, 4231535; 

502518, 4231639; 502600, 4231807; 

502640, 4231949; 502716, 4232040; 

502749, 4232104; 502757, 4232175; 

502756, 4232185; 502756, 4232196; 

502756, 4232216; 502759, 4232241; 

502764, 4232262; 502768, 4232278; 

502771, 4232289; 502774, 4232295; 

502823, 4232462; 502850, 4232578; 

502850, 4232578; 502852, 4232600; 

502856, 4232616; 502861, 4232631; 

502864, 4232641; 502868, 4232653; 

502878, 4232696; 502898, 4232884; 

502900, 4232983; 502901, 4233031; 

502914, 4233121; 502916, 4233135; 

502936, 4233201; 502942, 4233247; 

502973, 4233247; 502935, 4233131; 

502915, 4232977; 502884, 4232667; 

502772, 4232237; 502758, 4232101; 

502740, 4232042; 502672, 4231629; 

502733, 4231351; 502660, 4231345; 

502650, 4231336; 502642, 4231326; 

502633, 4231318; 502621, 4231307; 

502614, 4231306; 502606, 4231301; 

502600, 4231299; 502591, 4231298; 

502582, 4231302; 502574, 4231307; 

502568, 4231311; 502565, 4231313; 

502556, 4231326; 502553, 4231331; 

502549, 4231332; 502526, 4231355; 

502516, 4231377; 502500, 4231414; 

502498, 4231417; 502493, 4231428; 

502485, 4231446; 502485, 4231449; 

502483, 4231455; 502480, 4231472; 

502480, 4231487; 502480, 4231495; 

502480, 4231505; returning to 502478, 

4231535. 

(ii) Note: Unit CA–7 (Map M36) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75705


EP17DE04.035</GPH>
75706 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(40) Unit CA–8, Marin County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Tomales, and Drakes Bay, 

California, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 504572, 4222726; 504572, 

4222726; 504614, 4222726; 504533, 

4222176; 504474, 4221753; 504423, 

4221606; 504323, 4220932; 504115, 

4220064; 504015, 4219779; 503828, 

4219017; 503862, 4218832; 503786, 

4218734; 503872, 4218442; 503881, 

4218252; 503864, 4218189; 504076, 

4218038; 504054, 4217950; 504303, 

4217736; 503996, 4217911; 503852, 

4217840; 503755, 4217538; 503404, 

4217327; 503248, 4217088; 503131, 

4216783; 503063, 4216501; 502871, 

4215990; 502578, 4215108; 502379, 

4214536; 502420, 4214406; 502698, 

4214160; 502576, 4214092; 502308, 

4214311; 501984, 4213425; 501745, 

4212755; 501458, 4211988; 501205, 

4211284; 501258, 4211192; 501175, 

4211211; 500930, 4210500; 500900, 

4210342; 500793, 4210193; 500720, 

4209996; 500637, 4209716; 500474, 

4209346; 500433, 4209173; 500364, 

4209049; 500289, 4208756; 500194, 

4208591; 500009, 4208106; 499997, 

4207982; 499943, 4207897; 499858, 

4207658; 499821, 4207609; 499817, 

4207502; 499707, 4207202; 499580, 

4206933; 499511, 4206729; 499411, 

4206501; 499306, 4206118; 499361, 

4205940; 499323, 4205958; 499335, 

4205836; 499191, 4205825; 499100, 

4205651; 498998, 4205696; 498933, 

4205752; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 504572, 4222726. 

(ii) Note: Unit CA–8 (Map M37) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75707


EP17DE04.036</GPH>
75708 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(41) Unit CA–9, Marin County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Drakes Bay, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 506112, 4209385; 

506127, 4209403; 506148, 4209411; 

506156, 4209407; 506160, 4209409; 

506164, 4209409; 506175, 4209409; 

506181, 4209408; 506190, 4209406; 

506199, 4209398; 506212, 4209393; 

506224, 4209381; 506227, 4209377; 

506236, 4209364; 506250, 4209351; 

506258, 4209335; 506283, 4209313; 

506304, 4209295; 506356, 4209248; 

506636, 4208969; 506702, 4208934; 

506808, 4208934; 506886, 4208919; 

506941, 4208908; 507068, 4208896; 

507113, 4208881; 507123, 4208888; 

507103, 4208939; 507113, 4208949; 

507123, 4208947; 507125, 4208947; 

507125, 4208947; 507136, 4208944; 

507169, 4208919; 507257, 4208926; 

507262, 4208927; 507276, 4208929; 

507278, 4208928; 507398, 4208937; 

507451, 4208967; 507465, 4208969; 

507473, 4208976; 507475, 4208978; 

507479, 4208977; 507486, 4208976; 

507497, 4208980; 507504, 4208982; 

507509, 4208988; 507513, 4208990; 

507524, 4208995; 507539, 4208993; 

507554, 4208995; 507557, 4208996; 

507564, 4208994; 507571, 4208993; 

507588, 4208983; 507672, 4208957; 

507725, 4208955; 507734, 4208948; 

507740, 4208941; 507742, 4208942; 

507745, 4208943; 507754, 4208938; 

507759, 4208931; 507809, 4208942; 

507821, 4208933; 507826, 4208934; 

507829, 4208935; 507833, 4208930; 

507835, 4208929; 507838, 4208927; 

507841, 4208925; 507848, 4208920; 

507853, 4208911; 507860, 4208908; 

507934, 4208927; 507969, 4208945; 

507995, 4209003; 508011, 4209013; 

508013, 4209018; 508016, 4209019; 

508030, 4209025; 508047, 4209034; 

508048, 4209035; 508050, 4209034; 

508068, 4209029; 508081, 4209024; 

508098, 4209021; 508101, 4209019; 

508150, 4209009; 508228, 4208993; 

508269, 4208978; 508305, 4208939; 

508313, 4208932; 508315, 4208928; 

508330, 4208912; 508483, 4208887; 

508485, 4208887; 508500, 4208884; 

508513, 4208881; 508589, 4208894; 

508691, 4208894; 508700, 4208902; 

508700, 4208822; 510301, 4208503; 

510301, 4208469; 510275, 4208473; 

510258, 4208478; 510237, 4208484; 

510228, 4208485; 510202, 4208487; 

510165, 4208496; 510134, 4208505; 

510112, 4208510; 510072, 4208518; 

510040, 4208527; 510006, 4208529; 

509977, 4208540; 509963, 4208543; 

509958, 4208543; 509938, 4208546; 

509898, 4208553; 509862, 4208555; 

509851, 4208558; 509835, 4208563; 

509824, 4208566; 509802, 4208571; 

509778, 4208576; 509750, 4208578; 

509731, 4208579; 509680, 4208585; 

509627, 4208595; 509577, 4208604; 

509563, 4208609; 509555, 4208612; 

509539, 4208617; 509508, 4208629; 

509462, 4208642; 509448, 4208645; 

509439, 4208647; 509429, 4208648; 

509392, 4208661; 509385, 4208663; 

509347, 4208677; 509308, 4208680; 

509279, 4208688; 509258, 4208693; 

509232, 4208697; 509196, 4208700; 

509178, 4208701; 508902, 4208724; 

508704, 4208751; 508696, 4208750; 

508682, 4208746; 508665, 4208742; 

508632, 4208740; 508601, 4208747; 

508577, 4208748; 508560, 4208749; 

508545, 4208753; 508525, 4208758; 

508498, 4208761; 508450, 4208766; 

508431, 4208764; 508396, 4208761; 

508350, 4208763; 508347, 4208763; 

508312, 4208768; 508275, 4208767; 

508237, 4208774; 508216, 4208775; 

508199, 4208775; 508178, 4208779; 

508166, 4208782; 508150, 4208784; 

508134, 4208786; 508100, 4208789; 

508095, 4208789; 508065, 4208793; 

508056, 4208793; 508019, 4208789; 

507980, 4208798; 507948, 4208793; 

507920, 4208793; 507910, 4208794; 

507867, 4208789; 507821, 4208791; 

507775, 4208790; 507763, 4208792; 

507743, 4208793; 507736, 4208794; 

507690, 4208795; 507651, 4208792; 

507617, 4208793; 507611, 4208793; 

507605, 4208792; 507602, 4208792; 

507576, 4208790; 507547, 4208791; 

507539, 4208791; 507487, 4208789; 

507446, 4208791; 507393, 4208795; 

507338, 4208787; 507282, 4208785; 

507236, 4208792; 507235, 4208792; 

507221, 4208796; 507202, 4208794; 

507189, 4208799; 507180, 4208798; 

507152, 4208804; 507140, 4208807; 

507117, 4208812; 507104, 4208816; 

507089, 4208816; 507071, 4208816; 

507066, 4208818; 507040, 4208823; 

507038, 4208824; 507007, 4208830; 

507001, 4208833; 506975, 4208844; 

506962, 4208850; 506875, 4208863; 

506828, 4208855; 506821, 4208851; 

506817, 4208849; 506799, 4208840; 

506780, 4208829; 506759, 4208821; 

506739, 4208815; 506738, 4208815; 

506712, 4208815; 506711, 4208816; 

506702, 4208812; 506675, 4208814; 

506663, 4208811; 506659, 4208810; 

506655, 4208811; 506640, 4208813; 

506636, 4208814; 506624, 4208811; 

506608, 4208809; 506582, 4208814; 

506547, 4208824; 506518, 4208825; 

506486, 4208836; 506484, 4208838; 

506477, 4208840; 506457, 4208849; 

506439, 4208863; 506434, 4208871; 

506430, 4208877; 506423, 4208885; 

506417, 4208891; 506409, 4208895; 

506397, 4208910; 506367, 4208941; 

506262, 4209015; 506194, 4209093; 

506158, 4209192; 506115, 4209314; and 

returning to 506112, 4209385. 

(ii) Note: Unit CA–9 (Map M38) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75709


EP17DE04.037</GPH>
75710 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(42) Unit CA–10, San Mateo County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Half Moon Bay, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 548431, 4148414; 

548480, 4148414; 548972, 4147370; 

549024, 4146767; 549079, 4146435; 

548995, 4146435; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 548431, 4148414. 

(ii) Note: Unit CA–10 (Map M39) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75711


EP17DE04.038</GPH>
75712 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(43) Unit CA–11A, Santa Cruz 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Ano Nuevo, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 564224, 4105591; 

564223, 4105587; 564223, 4105573; 

564228, 4105565; 564239, 4105548; 

564250, 4105535; 564261, 4105521; 

564272, 4105509; 564284, 4105491; 

564300, 4105478; 564307, 4105467; 

564310, 4105464; 564320, 4105457; 

564333, 4105437; 564335, 4105434; 

564348, 4105415; 564352, 4105411; 

564363, 4105397; 564376, 4105385; 

564385, 4105367; 564395, 4105341; 

564401, 4105321; 564403, 4105300; 

564401, 4105280; 564400, 4105273; 

564397, 4105249; 564392, 4105215; 

564379, 4105194; 564373, 4105195; 

564326, 4105243; 564324, 4105252; 

564324, 4105263; 564324, 4105285; 

564319, 4105310; 564313, 4105344; 

564310, 4105355; 564303, 4105380; 

564295, 4105401; 564287, 4105409; 

564275, 4105421; 564247, 4105442; 

564236, 4105451; 564232, 4105454; 

564226, 4105459; 564212, 4105471; 

564207, 4105475; 564181, 4105500; 

564173, 4105507; 564153, 4105525; 

564145, 4105535; 564137, 4105544; 

564104, 4105574; 564086, 4105594; 

564072, 4105611; 564068, 4105616; 

564041, 4105649; 564025, 4105671; 

564013, 4105687; 564006, 4105696; 

564007, 4105697; 564059, 4105657; 

564114, 4105629; 564210, 4105606; 

returning to 564224, 4105591. 

(ii) Note: Unit CA–11A (Map M40) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75713


EP17DE04.039</GPH>
75714 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(44) Unit CA–11B, Santa Cruz County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Davenport, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 568335, 4099623; 

568357, 4099641; 568491, 4099548; 

568511, 4099559; 568644, 4099426; 

568705, 4099359; 568766, 4099278; 

568789, 4099227; 568743, 4099219; 

568725, 4099203; 568732, 4099154; 

568793, 4099079; 568797, 4099050; 

568724, 4099017; 568788, 4098813; 

568812, 4098739; 568810, 4098648; 

568780, 4098657; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 568335, 4099623. 

(ii) Note: Unit CA–11B (Map M41) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75715


EP17DE04.040</GPH><FNP>
75716 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(45) Unit CA–11C, Santa Cruz County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Santa Cruz, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 581976, 4089882; 

581995, 4089920; 582016, 4089973; 

582043, 4090004; 582099, 4090029; 

582146, 4090031; 582186, 4090014; 

582190, 4089975; 582220, 4089960; 

582286, 4089956; 582339, 4089976; 

582379, 4089965; 582325, 4089864; 

582317, 4089828; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 581976, 4089882. 

(ii) Note: Unit CA–11C (Map M42) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75717


EP17DE04.041</GPH><FNP>
75718 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(46) Unit CA–12A, Santa Cruz and 

Monterey County, California. 

(i) From USGS 1:24,000 quadrangle 

Moss Landing, California, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 602641, 4085403; 

602654, 4085404; 603028, 4084731; 

603373, 4084116; 603545, 4083826; 

603665, 4083604; 603870, 4083253; 

604164, 4082731; 604315, 4082487; 

604459, 4082290; 604619, 4082019; 

604718, 4081811; 604925, 4081464; 

604841, 4081450; 605257, 4080620; 

605397, 4080326; 605398, 4080326; 

605592, 4079919; 605832, 4079410; 

606019, 4079061; 606022, 4079028; 

606023, 4079009; 606050, 4078964; 

606080, 4078949; 606277, 4079045; 

606516, 4079006; 606477, 4078887; 

606488, 4078773; 606513, 4078667; 

606673, 4078216; 606805, 4077593; 

606937, 4077145; 607309, 4076286; 

607439, 4075964; 607746, 4075289; 

607845, 4075159; 607908, 4075072; 

607961, 4074957; 607990, 4074859; 

608020, 4074743; 608042, 4074490; 

608121, 4074315; 608143, 4074140; 

608228, 4074188; 608261, 4074146; 

608200, 4074106; 608183, 4074090; 

608173, 4074081; 608156, 4074069; 

608140, 4074057; 608122, 4074050; 

608073, 4074061; 608061, 4074077; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 602641, 4085403. 

(ii) Note: Unit CA–12A, CA–12B (Map 

M43) follows after description of CA–

12B: 

(47) Unit CA–12B, Monterey County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Moss Landing, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 608763, 4074606; 

608691, 4074563; 608670, 4074673; 

608584, 4074676; 608543, 4074678; 

608446, 4074735; 608439, 4074818; 

608641, 4074826; 608664, 4074856; 

608625, 4075263; 608614, 4075389; 

608635, 4075389; 608631, 4075470; 

608729, 4075467; 608787, 4075475; 

608845, 4075503; 608883, 4075530; 

608927, 4075571; 608956, 4075595; 

608997, 4075637; 609048, 4075659; 

609093, 4075666; 609168, 4075653; 

609218, 4075654; 609270, 4075672; 

609344, 4075728; 609380, 4075742; 

609451, 4075750; 609528, 4075677; 

609566, 4075533; 609597, 4075526; 

609642, 4075452; 609672, 4075419; 

609693, 4075383; 609709, 4075374; 

609746, 4075376; 609782, 4075377; 

609817, 4075380; 609856, 4075384; 

609882, 4075367; 609917, 4075348; 

609958, 4075367; 609985, 4075364; 

610013, 4075359; 610058, 4075336; 

610029, 4075268; 610029, 4075128; 

609963, 4075106; 609930, 4075084; 

609878, 4075050; 609842, 4075010; 

609817, 4074970; 609801, 4074919; 

609802, 4074868; 609786, 4074834; 

609768, 4074794; 609748, 4074758; 

609727, 4074728; 609705, 4074713; 

609656, 4074713; 609581, 4074728; 

609517, 4074739; 609454, 4074739; 

609391, 4074732; 609351, 4074722; 

609319, 4074708; 609280, 4074688; 

609244, 4074671; 609173, 4074665; 

609007, 4074650; 608939, 4074661; 

608892, 4074643; 608840, 4074635; 

returning to 608763, 4074606. 

(ii) Note: Unit CA–12A, CA–12B (Map 

M43) follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75719


EP17DE04.042</GPH><FNP>
75720 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(48) Unit CA–12C, Monterey County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Moss Landing, Marina, Monterey, 

and Seaside, California, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 608095, 4073244; 

608133, 4073227; 607996, 4072880; 

607902, 4072495; 607772, 4071909; 

607694, 4071574; 607591, 4071148; 

607443, 4070157; 607373, 4070160; 

607245, 4069481; 607176, 4068986; 

607090, 4068741; 607001, 4068525; 

606953, 4068276; 606953, 4068017; 

607024, 4067655; 607171, 4067424; 

607894, 4066580; 607776, 4066516; 

606886, 4067445; 606756, 4066852; 

606732, 4066498; 606703, 4066117; 

606672, 4065708; 606867, 4065749; 

606673, 4063481; 606687, 4063333; 

606613, 4062783; 606442, 4061895; 

606471, 4061745; 606192, 4060323; 

605932, 4059393; 605644, 4058444; 

605471, 4057935; 605330, 4057781; 

605318, 4057729; 605367, 4057641; 

605122, 4056914; 604540, 4055656; 

604085, 4054788; 603708, 4054149; 

603392, 4053595; 603250, 4053455; 

602816, 4052827; 602645, 4052695; 

602573, 4052579; 602564, 4052513; 

602521, 4052435; 602234, 4052184; 

602192, 4052213; 602056, 4052083; 

602101, 4052015; 602050, 4051954; 

601738, 4051670; 601519, 4051529; 

601475, 4051598; 601360, 4051525; 

601378, 4051460; 601268, 4051408; 

601241, 4051423; 601151, 4051378; 

601176, 4051299; 601031, 4051207; 

601004, 4051262; 600872, 4051184; 

600651, 4051075; 600615, 4051163; 

600616, 4051176; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 608095, 4073244. 

(ii) Note: Unit CA–12C (Map M44) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75721


EP17DE04.043</GPH><FNP>
75722 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(49) Unit CA–13, Monterey County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Point Sur, California, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 599299, 4019363; 

599421, 4019200; 599320, 4018471; 

599091, 4018323; 598903, 4018365; 

598903, 4018365; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 599299, 4019363. 

(ii) Note: Unit CA–13 (Map M45) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75723


EP17DE04.044</GPH><FNP>
75724 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(50) Unit CA–14, San Luis Obispo 

County, California. 

(i) From USGS 1:24,000 quadrangle 

maps Pico Creek, and San Luis Obispo, 

California, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 669618, 3940622; 669684, 

3940666; 669759, 3940658; 669823, 

3940570; 669860, 3940553; 670111, 

3939799; 670221, 3939478; 670238, 

3939332; 670183, 3939330; proceed 

generally N following the mean low 

water mark (defined at the beginning of 

the section) and returning to 669618, 

3940622. 

(ii) Note: Unit CA–14 (Map M46) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75725


EP17DE04.045</GPH>
75726 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(51) Unit CA–15A, San Luis Obispo 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Cayucos, California, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 684204, 3925805; 

684260, 3925827; 684349, 3925831; 

684316, 3925944; 684374, 3925990; 

684389, 3926027; 684425, 3926024; 

684453, 3925985; 684721, 3925617; 

684671, 3925608; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 684204, 3925805. 

(ii) Note: Unit CA–15A (Map M47) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75727


EP17DE04.046</GPH>
75728 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(52) Unit CA–15B, San Luis Obispo 

County, California. 

(i) From USGS 1:24,000 quadrangle 

maps Morro Bay North, and Morro Bay 

South, California, land bounded by the 

following UTM 10 NAD 27 coordinates 

(E,N): 693585, 3919670; 693633, 

3919693; 693966, 3918610; 694140, 

3918351; 694325, 3917088; 694276, 

3916964; 694380, 3916291; 694086, 

3916286; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 693585, 3919670. 

(ii) Note: Unit CA–15B (Map M48) 

follows:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75729


EP17DE04.047</GPH>
75730 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

(53) Unit CA–15C, San Luis Obispo 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Morro Bay South, California, land 

bounded by the following UTM 10 NAD 

27 coordinates (E,N): 692781, 3907206; 

692782, 3907207; 692792, 3907235; 

692798, 3907251; 692812, 3907284; 

692819, 3907312; 692820, 3907313; 

692820, 3907315; 692829, 3907340; 

692844, 3907380; 692848, 3907388; 

692857, 3907410; 692858, 3907411; 

692864, 3907430; 692873, 3907456; 

692873, 3907456; 692889, 3907486; 

692890, 3907486; 692894, 3907490; 

692898, 3907508; 692901, 3907520; 

692907, 3907547; 692911, 3907567; 

692911, 3907568; 692918, 3907604; 

692932, 3907627; 692932, 3907628; 

692933, 3907630; 692944, 3907649; 

692952, 3907668; 692955, 3907675; 

692962, 3907693; 692964, 3907697; 

692969, 3907731; 692977, 3907755; 

692979, 3907764; 692981, 3907774; 

692985, 3907793; 692996, 3907835; 

693008, 3907868; 693019, 3907915; 

693029, 3907949; 693040, 3907978; 

693053, 3908014; 693064, 3908048; 

693079, 3908088; 693091, 3908112; 

693099, 3908128; 693104, 3908140; 

693119, 3908176; 693133, 3908214; 

693143, 3908243; 693145, 3908247; 

693145, 3908248; 693154, 3908280; 

693158, 3908305; 693161, 3908323; 

693162, 3908330; 693163, 3908346; 

693164, 3908370; 693173, 3908419; 

693184, 3908464; 693193, 3908521; 

693203, 3908563; 693213, 3908596; 

693224, 3908624; 693233, 3908641; 

693249, 3908674; 693268, 3908707; 

693278, 3908732; 693290, 3908756; 

693304, 3908794; 693311, 3908836; 

693330, 3908896; 693336, 3908918; 

693343, 3908945; 693348, 3908959; 

693352, 3908969; 693356, 3908983; 

693359, 3908996; 693371, 3909033; 

693379, 3909057; 693392, 3909093; 

693410, 3909137; 693423, 3909174; 

693435, 3909198; 693440, 3909208; 

693452, 3909245; 693462, 3909278; 

693463, 3909283; 693468, 3909307; 

693480, 3909339; 693492, 3909375; 

693499, 3909405; 693502, 3909429; 

693503, 3909440; 693515, 3909475; 

693515, 3909475; 693519, 3909484; 

693527, 3909500; 693540, 3909540; 

693549, 3909573; 693559, 3909611; 

693571, 3909651; 693580, 3909692; 

693584, 3909711; 693584, 3909714; 

693588, 3909735; 693594, 3909761; 

693594, 3909763; 693598, 3909775; 

693603, 3909795; 693611, 3909833; 

693619, 3909856; 693623, 3909880; 

693629, 3909916; 693637, 3909945; 

693643, 3909976; 693649, 3910014; 

693657, 3910048; 693662, 3910057; 

693671, 3910078; 693680, 3910113; 

693691, 3910152; 693700, 3910186; 

693706, 3910217; 693710, 3910248; 

693714, 3910278; 693721, 3910306; 

693726, 3910314; 693735, 3910333; 

693745, 3910367; 693757, 3910403; 

693764, 3910429; 693765, 3910430; 

693769, 3910450; 693770, 3910454; 

693774, 3910478; 693783, 3910496; 

693788, 3910508; 693792, 3910522; 

693797, 3910540; 693798, 3910563; 

693799, 3910572; 693799, 3910575; 

693799, 3910576; 693806, 3910615; 

693810, 3910636; 693811, 3910660; 

693816, 3910691; 693816, 3910695; 

693816, 3910710; 693817, 3910714; 

693819, 3910733; 693826, 3910750; 

693827, 3910750; 693830, 3910758; 

693839, 3910780; 693848, 3910803; 

693857, 3910836; 693860, 3910865; 

693862, 3910878; 693862, 3910880; 

693866, 3910893; 693869, 3910905; 

693870, 3910906; 693874, 3910932; 

693884, 3910962; 693888, 3910972; 

693894, 3910990; 693903, 3911023; 

693912, 3911050; 693918, 3911077; 

693927, 3911109; 693930, 3911127; 

693934, 3911143; 693943, 3911172; 

693950, 3911195; 693952, 3911204; 

693957, 3911235; 693957, 3911236; 

693961, 3911266; 693964, 3911276; 

693970, 3911300; 693971, 3911306; 

693978, 3911334; 693983, 3911357; 

693985, 3911372; 693986, 3911375; 

693991, 3911409; 693997, 3911433; 

694003, 3911455; 694007, 3911471; 

694016, 3911511; 694020, 3911533; 

694026, 3911567; 694031, 3911604; 

694034, 3911625; 694038, 3911660; 

694048, 3911693; 694058, 3911731; 

694066, 3911765; 694070, 3911794; 

694071, 3911814; 694080, 3911846; 

694090, 3911879; 694096, 3911910; 

694103, 3911949; 694107, 3911968; 

694110, 3911979; 694117, 3912018; 

694124, 3912065; 694129, 3912090; 

694131, 3912100; 694139, 3912152; 

694142, 3912184; 694147, 3912230; 

694154, 3912266; 694156, 3912276; 

694157, 3912283; 694161, 3912318; 

694163, 3912336; 694165, 3912364; 

694166, 3912374; 694171, 3912402; 

694175, 3912422; 694183, 3912472; 

694188, 3912514; 694192, 3912554; 

694195, 3912588; 694203, 3912629; 

694206, 3912646; 694209, 3912670; 

694214, 3912694; 694217, 3912707; 

694227, 3912756; 694230, 3912774; 

694232, 3912792; 694233, 3912795; 

694237, 3912815; 694239, 3912824; 

694239, 3912829; 694245, 3912880; 

694245, 3912895; 694246, 3912917; 

694245, 3912936; 694245, 3912939; 

694244, 3912952; 694248, 3912990; 

694248, 3912996; 694251, 3913031; 

694255, 3913080; 694255, 3913085; 

694256, 3913130; 694261, 3913174; 

694266, 3913224; 694269, 3913241; 

694278, 3913274; 694288, 3913309; 

694291, 3913320; 694300, 3913350; 

694306, 3913376; 694312, 3913393; 

694317, 3913421; 694318, 3913453; 

694316, 3913478; 694315, 3913495; 

694314, 3913515; 694313, 3913544; 

694311, 3913574; 694303, 3913640; 

694301, 3913666; 694301, 3913671; 

694299, 3913699; 694296, 3913717; 

694291, 3913744; 694291, 3913762; 

694298, 3913786; 694304, 3913806; 

694308, 3913813; 694310, 3913816; 

694313, 3913828; 694311, 3913840; 

694310, 3913842; 694305, 3913854; 

694301, 3913871; 694301, 3913886; 

694305, 3913910; 694309, 3913925; 

694314, 3913934; 694320, 3913945; 

694328, 3913968; 694329, 3913986; 

694327, 3914003; 694325, 3914025; 

694323, 3914034; 694321, 3914044; 

694319, 3914067; 694320, 3914093; 

694321, 3914111; 694321, 3914114; 

694322, 3914130; 694322, 3914135; 

694317, 3914153; 694317, 3914154; 

694316, 3914155; 694314, 3914158; 

694309, 3914167; 694304, 3914178; 

694302, 3914191; 694306, 3914199; 

694310, 3914207; 694319, 3914221; 

694328, 3914229; 694337, 3914241; 

694350, 3914257; 694360, 3914285; 

694366, 3914305; 694369, 3914329; 

694370, 3914350; 694369, 3914375; 

694366, 3914398; 694362, 3914423; 

694357, 3914435; 694348, 3914461; 

694337, 3914486; 694317, 3914518; 

694310, 3914545; 694313, 3914569; 

694320, 3914595; 694331, 3914620; 

694340, 3914640; 694340, 3914640; 

694343, 3914661; 694342, 3914682; 

694340, 3914701; 694338, 3914726; 

694338, 3914728; 694337, 3914733; 

694336, 3914742; 694334, 3914751; 

694329, 3914776; 694320, 3914821; 

694313, 3914853; 694335, 3914948; 

694338, 3914951; 694346, 3914955; 

694360, 3914962; 694371, 3914969; 

694378, 3914975; 694390, 3914998; 

694393, 3915003; 694410, 3915045; 

694419, 3915082; 694421, 3915109; 

694421, 3915112; 694454, 3915178; 

694399, 3915243; 694394, 3915254; 

694384, 3915283; 694376, 3915304; 

694358, 3915342; 694348, 3915362; 

694335, 3915390; 694324, 3915423; 

694311, 3915456; 694307, 3915466; 

694298, 3915485; 694275, 3915518; 

694262, 3915541; 694253, 3915569; 

694248, 3915595; 694244, 3915627; 

694241, 3915638; 694239, 3915646; 

694234, 3915662; 694221, 3915683; 

694216, 3915694; 694217, 3915714; 

694226, 3915733; 694240, 3915755; 

694259, 3915772; 694275, 3915793; 

694291, 3915812; 694308, 3915834; 

694322, 3915847; 694337, 3915852; 

694350, 3915856; 694372, 3915860; 

694392, 3915858; 694415, 3915855; 

694438, 3915847; 694449, 3915841; 

694459, 3915836; 694475, 3915830; 

694489, 3915824; 694502, 3915810; 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75731

694509, 3915795; 694537, 3915758; 

694545, 3915746; 694553, 3915724; 

694560, 3915705; 694567, 3915678; 

694570, 3915654; 694574, 3915629; 

694578, 3915601; 694583, 3915586; 

694591, 3915566; 694603, 3915543; 

694617, 3915528; 694637, 3915515; 

694640, 3915514; 694665, 3915479; 

694690, 3915497; 694693, 3915496; 

694708, 3915494; 694725, 3915497; 

694741, 3915498; 694755, 3915503; 

694771, 3915510; 694783, 3915516; 

694792, 3915513; 694793, 3915512; 

694796, 3915500; 694793, 3915489; 

694789, 3915481; 694781, 3915469; 

694769, 3915455; 694757, 3915439; 

694744, 3915418; 694742, 3915412; 

694727, 3915400; 694734, 3915389; 

694731, 3915382; 694731, 3915360; 

694736, 3915349; 694743, 3915341; 

694754, 3915328; 694766, 3915315; 

694772, 3915304; 694777, 3915295; 

694778, 3915291; 694782, 3915276; 

694787, 3915251; 694799, 3915230; 

694827, 3915190; 694835, 3915175; 

694842, 3915159; 694855, 3915140; 

694865, 3915114; 694870, 3915082; 

694872, 3915049; 694873, 3915025; 

694875, 3915004; 694880, 3914984; 

694888, 3914971; 694904, 3914950; 

694918, 3914932; 694918, 3914930; 

694906, 3914847; 694900, 3914844; 

694890, 3914835; 694874, 3914818; 

694870, 3914802; 694867, 3914782; 

694860, 3914757; 694849, 3914734; 

694835, 3914715; 694820, 3914701; 

694816, 3914698; 694760, 3914672; 

694750, 3914670; 694734, 3914661; 

694722, 3914658; 694715, 3914657; 

694701, 3914654; 694700, 3914655; 

694682, 3914660; 694668, 3914662; 

694653, 3914664; 694646, 3914659; 

694641, 3914655; 694640, 3914644; 

694640, 3914643; 694537, 3914633; 

694493, 3912072; 693979, 3909827; 

693393, 3908394; 693227, 3908218; 

692844, 3907170; returning to 692781, 

3907206. 

(ii) Note: Unit CA–15C (Map M49) 

follows:

75732 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.048</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75733

(54) Unit CA–16, San Luis Obispo 

County and Santa Barbara County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Oceano, and Point Sal, California, 

land bounded by the following UTM 10 

NAD 27 coordinates (E,N): 716010, 

3886811; 716094, 3886816; 716121, 

3886579; 716254, 3886552; 716772, 

3886498; 716766, 3886452; 716397, 

3886500; 716268, 3886463; 716290, 

3886355; 716320, 3885910; 716372, 

3885535; 716417, 3884858; 716535, 

3883709; 716521, 3881135; 716206, 

3879117; 716116, 3878752; 716253, 

3878614; 716040, 3877287; 715746, 

3877371; proceed generally S following 

the mean high water mark (defined at 

the beginning of the section) to 715166, 

3874495; 715525, 3874507; 715250, 

3873350; 715030, 3872453; 715438, 

3871950; 714967, 3871240; 714652, 

3870983; 714534, 3870558; 714455, 

3870153; 714290, 3869967; 714172, 

3869737; 714111, 3869499; 713949, 

3868871; 713632, 3868026; 713520, 

3868000; 713519, 3868000; proceed 

generally N following the mean low 

water mark (defined at the beginning of 

the section) and returning to 716010, 

3886811. 

(ii) Note: Unit CA–16 (Map M50) 

follows:

75734 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.049</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75735

(55) Unit CA–17A, Santa Barbara 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Casmalia, California, land bounded 

by the following UTM 10 NAD 27 

coordinates (E,N): 718417, 3860038; 

718490, 3860043; 718607, 3859702; 

718745, 3859447; 718961, 3858992; 

718964, 3858805; 719013, 3858215; 

718980, 3857623; 718843, 3857449; 

718816, 3857394; 718744, 3857048; 

718533, 3856131; 718400, 3855518; 

718243, 3854896; 718224, 3854702; 

718242, 3854537; 718219, 3854201; 

718006, 3853479; 717882, 3852878; 

717872, 3852758; 717856, 3852656; 

717876, 3852600; 717668, 3852144; 

717560, 3851901; 717428, 3851229; 

717224, 3850849; 717102, 3850474; 

716886, 3849862; 716695, 3849335; 

716690, 3849302; 716693, 3849258; 

716537, 3849301; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 718417, 3860038. 

(iii) Note: Unit CA–17A, CA–16 (Map 

M51) follows:

75736 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.050</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75737

(56) Unit CA–17B, Santa Barbara 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Surf, California, land bounded by 

the following UTM 10 NAD 27 

coordinates (E,N): 719851, 3842705; 

719957, 3842714; 719985, 3842661; 

719834, 3841798; 719969, 3841456; 

720330, 3841518; 720642, 3841396; 

720821, 3841242; 720936, 3841146; 

721005, 3841129; 721135, 3841217; 

721280, 3841146; 721095, 3840903; 

719884, 3841261; 719636, 3840850; 

719484, 3840448; 719472, 3840355; 

719446, 3840177; 719348, 3839786; 

719262, 3839306; 719203, 3839200; 

719118, 3838777; 718998, 3838473; 

718871, 3838118; 718643, 3837345; 

718540, 3837006; 718400, 3836612; 

718330, 3836450; 718271, 3836264; 

718231, 3836161; 718163, 3835954; 

718101, 3835825; 718020, 3835652; 

717974, 3835665; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 719851, 3842705. 

(ii) Note: Unit CA–17B (Map M52) 

follows:

75738 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.051</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75739

(57) Unit CA–18, Santa Barbara 

County, California. 

(i) From USGS 1:24,000 quadrangle 

maps Dos Pueblos Canyon, and Goleta, 

California, land bounded by the 

following UTM 11 NAD 27 coordinates 

(E,N): 234194, 3812313; 234195, 

3812330; 234324, 3812283; 234446, 

3812230; 234583, 3812107; 234686, 

3812003; 234773, 3811918; 234823, 

3811862; 234938, 3811694; 235005, 

3811597; 235067, 3811524; 235171, 

3811381; 235232, 3811310; 235359, 

3811141; 235381, 3811072; 235424, 

3811010; 235428, 3810963; 235437, 

3810924; 235477, 3810884; 235498, 

3810866; 235532, 3810858; 235570, 

3810877; 235592, 3810897; 235616, 

3810922; 235681, 3810981; 235729, 

3811016; 235817, 3811054; 235933, 

3811084; 236074, 3811089; 236175, 

3811083; 236270, 3811077; 236314, 

3811067; 236310, 3811029; proceed 

generally N following the mean low 

water mark (defined at the beginning of 

the section) and returning to 234194, 

3812313. 

(ii) Note: Unit CA–18 (Map M53) 

follows:

75740 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.052</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75741

(58) Unit CA–19A, Ventura County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Oxnard, California, land bounded 

by the following UTM 11 NAD 27 

coordinates (E,N): 291335, 3791012; 

291362, 3791013; 291410, 3790772; 

291536, 3790654; 291943, 3790429; 

293789, 3790422; 293909, 3790178; 

292342, 3790186; 291693, 3789833; 

291920, 3789159; 292048, 3788658; 

292238, 3788005; 292271, 3787968; 

292297, 3787886; 292292, 3787826; 

292351, 3787673; 292404, 3787548; 

292400, 3787482; 292954, 3786197; 

293048, 3785979; 293018, 3785959; 

293526, 3784688; 293569, 3784701; 

293823, 3784111; 293981, 3783717; 

293908, 3783715 ; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 291335, 3791012. 

(ii) Note: Unit CA–19A (Map M54) 

follows:

75742 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.053</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75743

(59) Unit CA–19B, Ventura County, 

California. 

(i) From USGS 1:24,000 quadrangle 

maps Oxnard, and Point Magu, 

California, land bounded by the 

following UTM 11 NAD 27 coordinates 

(E,N): 297242, 3780065; 297270, 

3780182; 297633, 3780001; 298075, 

3779695; 298150, 3779675; 299371, 

3778748; 299746, 3778489; 300378, 

3777964; 300888, 3777929; 300911, 

3777924; 300923, 3777917; 300936, 

3777908; 300956, 3777892; 301219, 

3777693; 300831, 3777265; proceed 

generally N following the mean low 

water mark (defined at the beginning of 

the section) and returning to 297242, 

3780065. 

(ii) Note: Unit CA–19B (Map M55) 

follows:

75744 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.054</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75745

(60) Unit CA–19C, Ventura County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Point Magu, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 300845, 3777255; 

301242, 3777694; 301744, 3777320; 

301505, 3777003; 302074, 3776528; 

302001, 3776440; 302073, 3776379; 

302372, 3776131; 302440, 3776080; 

302461, 3776035; 302653, 3775922; 

303304, 3775537; 303622, 3775847; 

303870, 3775681; 303608, 3775334; 

303698, 3775279; 303695, 3775247; 

303811, 3775189; 304080, 3775103; 

304118, 3775054; 304190, 3775022; 

304227, 3775060; 304493, 3774937; 

304533, 3774878; 305022, 3774694; 

305135, 3774657; 305287, 3774614; 

305378, 3774610; 305354, 3774466; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 300845, 3777255. 

(ii) Note: Unit CA–19C, CA–19D (Map 

M56) follows after description of CA–

19D: 

(61) Unit CA–19D, Ventura County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Point Magu, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 307477, 3774839; 

307464, 3774840; 307456, 3774930; 

307473, 3774933; 307515, 3774930; 

307592, 3774932; 307665, 3774920; 

307724, 3774893; 307886, 3774797; 

308323, 3774520; 308554, 3774400; 

308749, 3774285; 309003, 3774129; 

309066, 3774010; 309124, 3773949; 

309180, 3773968; 309216, 3773942; 

309406, 3773838; 309560, 3773719; 

309596, 3773763; 309661, 3773726; 

309714, 3773654; 309836, 3773503; 

309847, 3773468; 309815, 3773441; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 307477, 3774839. 

(ii) Note: Unit CA–19C, CA–19D (Map 

M56) follows:

75746 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.055</GPH><FNP>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75747

(62) Unit CA–20, Los Angeles County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Point Dume, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 329781, 3766839; 

329816, 3766887; 329836, 3766875; 

329851, 3766892; 329890, 3766865; 

329899, 3766877; 329886, 3766885; 

329912, 3766923; 329924, 3766912; 

329965, 3766877; 329924, 3766830; 

329985, 3766786; 330017, 3766822; 

330095, 3766754; 330094, 3766751; 

330084, 3766734; 330081, 3766721; 

330155, 3766656; 330233, 3766591; 

330253, 3766588; 330272, 3766589; 

330283, 3766586; 330337, 3766538; 

330324, 3766526; 330377, 3766467; 

330388, 3766467; 330428, 3766419; 

330503, 3766346; 330597, 3766260; 

330733, 3766164; 330734, 3766150; 

330742, 3766140; 330970, 3765974; 

331003, 3765952; 331025, 3765933; 

331045, 3765912; 331281, 3765663; 

331539, 3765394; 331669, 3765298; 

331791, 3765248; 331956, 3765199; 

331981, 3765198; 332021, 3765195; 

332052, 3765196; 332076, 3765189; 

332121, 3765165; 332140, 3765152; 

332146, 3765142; 332147, 3765126; 

332122, 3765074; 332087, 3765013; 

332081, 3764993; 332081, 3764972; 

332083, 3764966; 332099, 3764935; 

332103, 3764929; 332037, 3764863; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 329781, 3766839. 

(ii) Note: Unit CA–20 (Map M57) 

follows:

75748 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.056</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75749

(63) Unit CA–21A, Los Angeles 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Topanga, California, land bounded 

by the following UTM 11 NAD 27 

coordinates (E,N): 359653, 3766064; 

359698, 3766104; 359706, 3766112; 

359794, 3766072; 359841, 3766016; 

359865, 3765980; 359868, 3765955; 

359871, 3765928; 359981, 3765838; 

360136, 3765710; 360156, 3765737; 

360157, 3765740; 360346, 3765605; 

360713, 3765301; 360821, 3765208; 

360782, 3765167; 360750, 3765131; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 359653, 3766064. 

(ii) Note: Unit CA–21A (M58) follows:

75750 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.057</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75751

(64) Unit CA–21B, Los Angeles 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Venice, California, land bounded 

by the following UTM 11 NAD 27 

coordinates (E,N): 366261, 3757311; 

366467, 3757409; 366791, 3756716; 

366577, 3756633; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 366261, 3757311. 

(ii) Note: Unit CA–21B, CA–21C (Map 

M59) follows after description of CA–

21C: 

(65) Unit CA–21C, Los Angeles 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Venice, California, land bounded 

by the following UTM 11 NAD 27 

coordinates (E,N): 367740, 3753997; 

367843, 3754038; 367860, 3754002; 

367883, 3753980; 367924, 3753925; 

367945, 3753827; 367911, 3753766; 

367924, 3753739; 367968, 3753730; 

368021, 3753592; 368235, 3753042; 

368173, 3753011; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 367740, 3753997. 

(ii) Note: Unit CA–21B, CA–21C (Map 

M59) follows:

75752 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.058</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75753

(66) Unit CA–21D, Los Angeles 

County, California. 

(i) From USGS 1:24,000 quadrangle 

map Redondo Beach OE S, California, 

land bounded by the following UTM 11 

NAD 27 coordinates (E,N): 370468, 

3747024; 370560, 3747050; 370594, 

3746936; 370696, 3746667; 370602, 

3746644; proceed generally N following 

the mean low water mark (defined at the 

beginning of the section) and returning 

to 370468, 3747024. 

(ii) Note: Unit CA–21D (Map M60) 

follows:

75754 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.059</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75755

(67) Unit CA–22A, Orange County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Seal Beach, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 403074, 3728680; 

403074, 3728681; 403267, 3728834; 

403265, 3728996; 403238, 3729044; 

403290, 3729077; 403342, 3729164; 

403545, 3729348; 403571, 3729356; 

403635, 3729419; 404409, 3729117; 

404407, 3728750; 404398, 3728717; 

404399, 3728532; 404464, 3728525; 

404727, 3728380; 404729, 3728299; 

405337, 3727975; 405370, 3727979; 

405369, 3727845; 405358, 3727807; 

405339, 3727778; 405295, 3727725; 

405113, 3727543; 405081, 3727505; 

405050, 3727457; 405006, 3727428; 

404907, 3727378; 404859, 3727355; 

404833, 3727349; 404801, 3727356; 

404766, 3727373; 404712, 3727387; 

404584, 3727405; 404557, 3727413; 

404529, 3727431; 404495, 3727462; 

404465, 3727486; 404426, 3727492; 

404372, 3727479; 404183, 3727422; 

403756, 3727974; 403749, 3727975; 

403740, 3727969; 403720, 3727949; 

403709, 3727950; 403697, 3727958; 

403684, 3727961; 403653, 3727943; 

returning to 403074, 3728680. 

(ii) Note: Unit CA–22A, CA–22B 

follows after description of CA–22B 

(Map M61): 

(68) Unit CA–22B, Orange County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Seal Beach, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 404089, 3727241; 

404122, 3727265; 404183, 3727186; 

404256, 3727101; 404389, 3726951; 

404360, 3726921; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 404089, 3727241. 

(ii) Note: Unit CA–22A, CA–22B (Map 

M61) follows:

75756 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.060</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75757

(69) Unit CA–23, Orange County, 

California. 

(i) From USGS 1:24,000 quadrangle 

map Newport Beach, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 411152, 3721501; 

411152, 3721498; 411154, 3721486; 

411161, 3721477; 411171, 3721472; 

411183, 3721471; 411189, 3721473; 

411197, 3721476; 411208, 3721485; 

411217, 3721493; 411224, 3721488; 

411220, 3721483; 411201, 3721465; 

411198, 3721462; 411173, 3721438; 

411154, 3721408; 411133, 3721368; 

411117, 3721336; 411106, 3721293; 

411094, 3721298; 411074, 3721321; 

411069, 3721327; 411061, 3721335; 

411054, 3721344; 411043, 3721354; 

411039, 3721358; 411018, 3721375; 

411000, 3721392; 410981, 3721413; 

410958, 3721437; 410939, 3721452; 

410903, 3721473; 410888, 3721489; 

410971, 3721619; 410978, 3721616; 

410989, 3721606; 410997, 3721617; 

411008, 3721631; 411140, 3721534; 

411157, 3721515; returning to 411152, 

3721501. 

(ii) Note: Unit CA–23 (Map M62) 

follows:

75758 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.061</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75759

(70) Unit CA–24, Orange County and 

San Diego County California. 

(i) From USGS 1:24,000 quadrangle 

map San Clemente, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 444536, 3694354; 

444588, 3694374; 444627, 3694314; 

444645, 3694291; 444658, 3694275; 

444675, 3694251; 444717, 3694206; 

444781, 3694151; 444839, 3694107; 

444910, 3694061; 445036, 3694001; 

445277, 3693888; 445568, 3693753; 

445795, 3693645; 446006, 3693555; 

446080, 3693536; 446167, 3693524; 

446250, 3693516; 446261, 3693516; 

446310, 3693514; 446375, 3693511; 

446376, 3693489; 446377, 3693480; 

446386, 3693472; 446397, 3693463; 

446406, 3693458; 446402, 3693402; 

proceed generally N following the mean 

low water mark (defined at the 

beginning of the section) and returning 

to 444536, 3694354. 

(ii) Note: Unit CA–24 (Map M63) 

follows:

75760 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.062</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75761

(71) Unit CA–25A, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Encinitas, California, land bounded 

by the following UTM 11 NAD 27 

coordinates (E,N): 470975, 3660809; 

470982, 3660811; 471014, 3660802; 

471058, 3660765; 471085, 3660733; 

471105, 3660704; 471122, 3660645; 

471129, 3660592; 471148, 3660540; 

471147, 3660511; 471155, 3660493; 

471153, 3660485; 471153, 3660485; 

471147, 3660482; 471122, 3660510; 

471112, 3660507; 471106, 3660501; 

471067, 3660464; 471066, 3660464; 

471081, 3660447; 471084, 3660437; 

471084, 3660417; 471077, 3660393; 

471077, 3660378; 471085, 3660361; 

471044, 3660341; 471013, 3660349; 

471002, 3660338; 470992, 3660306; 

470980, 3660296; 470977, 3660316; 

470969, 3660338; 470968, 3660341; 

470962, 3660360; 470955, 3660391; 

470949, 3660420; 470943, 3660453; 

470942, 3660456; 470933, 3660489; 

470925, 3660522; 470924, 3660525; 

470914, 3660562; 470907, 3660588; 

470906, 3660597; 470901, 3660624; 

470893, 3660651; 470892, 3660654; 

470884, 3660676; 470877, 3660694; 

470872, 3660706; 470864, 3660726; 

470861, 3660740; 470860, 3660742; 

470859, 3660754; 470862, 3660764; 

470866, 3660765; 470874, 3660770; 

470903, 3660785; 470962, 3660804; 

returning to 470975, 3660809. 

(ii) Note: Unit CA–25A (Map M64) 

follows description of CA–25C: 

(72) Unit CA–25B, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Oceanside, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 472453, 3660939; 

472518, 3660920; 472571, 3660894; 

472603, 3660856; 472613, 3660817; 

472614, 3660776; 472576, 3660736; 

472538, 3660692; 472498, 3660666; 

472478, 3660670; 472452, 3660693; 

472451, 3660695; 472404, 3660732; 

472373, 3660751; 472352, 3660760; 

472335, 3660762; 472311, 3660758; 

472296, 3660748; 472282, 3660746; 

472264, 3660752; 472244, 3660769; 

472209, 3660804; 472183, 3660843; 

472164, 3660882; 472153, 3660903; 

472145, 3660929; 472156, 3660952; 

472190, 3660981; 472223, 3660990; 

472288, 3660980; 472393, 3660956; 

returning to 472453, 3660939. 

(ii) Note: Unit CA–25B (Map M64) 

follows description of CA–25C: 

(73) Unit CA–25C, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Oceanside, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 474053, 3661505; 

474074, 3661515; 474082, 3661492; 

474109, 3661464; 474118, 3661461; 

474119, 3661450; 474144, 3661424; 

474169, 3661398; 474189, 3661386; 

474201, 3661384; 474210, 3661378; 

474228, 3661376; 474237, 3661377; 

474247, 3661359; 474263, 3661344; 

474302, 3661334; 474357, 3661336; 

474385, 3661334; 474386, 3661294; 

474393, 3661252; 474413, 3661233; 

474450, 3661217; 474494, 3661203; 

474539, 3661214; 474584, 3661200; 

474628, 3661181; 474654, 3661143; 

474615, 3661062; 474594, 3661042; 

474562, 3661043; 474543, 3661039; 

474530, 3661043; 474504, 3661070; 

474472, 3661111; 474452, 3661130; 

474380, 3661179; 474321, 3661194; 

474236, 3661205; 474200, 3661211; 

474166, 3661225; 474140, 3661244; 

474113, 3661268; 474081, 3661304; 

474075, 3661333; 474076, 3661393; 

474075, 3661440; 474048, 3661501; 

returning to 474053, 3661505. 

(ii) Note: Unit CA–25A, CA–25B, CA–

25C (Map M64) follows:

75762 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.063</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75763

(74) Unit CA–26, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Del Mar California, land bounded 

by the following UTM 11 NAD 27 

coordinates (E,N): 475548, 3644417; 

475597, 3644428; 475626, 3644433; 

475629, 3644418; 475632, 3644391; 

475625, 3644370; 475626, 3644353; 

475627, 3644350; 475633, 3644335; 

475628, 3644322; 475637, 3644298; 

475640, 3644293; 475647, 3644279; 

475649, 3644271; 475641, 3644267; 

475639, 3644267; 475635, 3644257; 

475638, 3644237; 475642, 3644195; 

475643, 3644190; 475648, 3644165; 

475657, 3644139; 475658, 3644120; 

475664, 3644091; 475671, 3644073; 

475674, 3644054; 475683, 3644029; 

475688, 3644001; 475693, 3643983; 

475694, 3643965; 475701, 3643945; 

475704, 3643929; 475708, 3643891; 

475733, 3643895; 475749, 3643893; 

475778, 3643878; 475815, 3643868; 

475826, 3643878; 475869, 3643912; 

475883, 3643920; 475893, 3643930; 

475909, 3643935; 475919, 3643943; 

475930, 3643950; 475923, 3643429; 

475917, 3643436; 475902, 3643454; 

475885, 3643478; 475864, 3643509; 

475851, 3643533; 475838, 3643545; 

475824, 3643566; 475804, 3643590; 

475788, 3643603; 475774, 3643706; 

475763, 3643718; 475756, 3643749; 

475750, 3643781; 475748, 3643798; 

475714, 3643792; 475685, 3643787; 

475683, 3643797; 475689, 3643805; 

475711, 3643807; 475723, 3643809; 

475713, 3643871; 475701, 3643870; 

475700, 3643870; 475699, 3643869; 

475690, 3643866; 475667, 3643865; 

475660, 3643894; 475657, 3643904; 

475652, 3643926; 475647, 3643946; 

475644, 3643956; 475641, 3643964; 

475635, 3643986; 475630, 3644011; 

475622, 3644032; 475613, 3644053; 

475606, 3644077; 475599, 3644101; 

475595, 3644132; 475593, 3644149; 

475590, 3644179; 475586, 3644211; 

475582, 3644230; 475580, 3644243; 

475578, 3644258; 475573, 3644280; 

475567, 3644312; 475563, 3644337; 

475555, 3644376; 475550, 3644411; 

returning to 475548, 3644417. 

(ii) Note: Unit CA–26 (Map M65) 

follows:

75764 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.064</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75765

(75) Unit CA–27A, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Point Loma, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 479126, 3615994; 

479126, 3615993; 479125, 3615995; 

479119, 3616121; 479161, 3616166; 

479181, 3616153; 479197, 3616150; 

479209, 3616148; 479227, 3616151; 

479254, 3616161; 479278, 3616176; 

479286, 3616192; 479300, 3616240; 

479319, 3616303; 479420, 3616659; 

479554, 3616619; 479506, 3616450; 

479571, 3616432; 479613, 3616586; 

479655, 3616576; 479717, 3616559; 

479766, 3616549; 479802, 3616544; 

479828, 3616545; 479842, 3616550; 

479862, 3616562; 479881, 3616583; 

479895, 3616613; 479907, 3616644; 

479940, 3616765; 479957, 3616756; 

479951, 3616729; 480004, 3616700; 

480012, 3616701; 480022, 3616709; 

480026, 3616723; 480028, 3616729; 

480195, 3616713; 480182, 3616662; 

480200, 3616648; 480276, 3616656; 

480321, 3616667; 480331, 3616671; 

480340, 3616680; 480351, 3616690; 

480355, 3616704; 480370, 3616642; 

480373, 3616631; 480380, 3616624; 

480389, 3616622; 480397, 3616623; 

480405, 3616627; 480410, 3616636; 

480411, 3616650; 480413, 3616659; 

480476, 3616651; 480477, 3616641; 

480456, 3616627; 480448, 3616538; 

480499, 3616545; 480501, 3616583; 

480514, 3616594; 480528, 3616601; 

480555, 3616606; 480554, 3616578; 

480641, 3616578; 480641, 3616614; 

480751, 3616615; 480766, 3616610; 

480799, 3616622; 480843, 3616608; 

480858, 3616639; 480911, 3616631; 

480936, 3616594; 480953, 3616611; 

480963, 3616612; 481116, 3616586; 

481129, 3616600; 481142, 3616589; 

481159, 3616582; 481172, 3616578; 

481181, 3616571; 481219, 3616553; 

481271, 3616530; 481345, 3616483; 

481371, 3616479; 481387, 3616480; 

481442, 3616468; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 479126, 3615994. 

(ii) Note: Unit CA–27A (Map M66) 

follows after description of CA–27B: 

(76) Unit CA–27B, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Point Loma, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 481501, 3616480; 

481510, 3616481; 481524, 3616453; 

481540, 3616447; 481565, 3616444; 

481580, 3616449; 481601, 3616462; 

481613, 3616490; 481630, 3616491; 

481669, 3616488; 481690, 3616481; 

481734, 3616460; 481794, 3616435; 

481826, 3616413; 481836, 3616401; 

481893, 3616389; 481928, 3616379; 

481996, 3616538; 481998, 3616537; 

482008, 3616531; 482011, 3616518; 

482024, 3616510; 482038, 3616511; 

482160, 3616439; 482347, 3616345; 

482534, 3616238; 482693, 3616137; 

482984, 3615950; 483137, 3615853; 

483030, 3615679; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 481501, 3616480. 

(ii) Note: Unit CA–27A, CA–27B (Map 

M66) follows:

75766 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.065</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75767

(77) Unit CA–27C, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Point Loma, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 486529, 3610849; 

486590, 3610876; 486697, 3610598; 

486721, 3610571; 486806, 3610351; 

486791, 3610346; 486791, 3610346; 

486810, 3610292; 486828, 3610297; 

486915, 3610068; 486968, 3609885; 

487000, 3609790; 487047, 3609793; 

487051, 3609721; 487041, 3609693; 

487041, 3609670; 487050, 3609648; 

487058, 3609626; 487065, 3609546; 

487103, 3609482; 487170, 3609371; 

487175, 3609357; 487222, 3609239; 

487251, 3609137; 487298, 3608920; 

487335, 3608746; 487384, 3608522; 

487446, 3608167; 487470, 3608089; 

487507, 3607994; 487566, 3607901; 

487610, 3607822; 487614, 3607815; 

487621, 3607803; 487627, 3607794; 

487620, 3607787; 487595, 3607786; 

487596, 3607778; 487639, 3607312; 

487656, 3607070; 487682, 3606753; 

487704, 3606480; 487715, 3606311; 

487726, 3606117; 487734, 3606015; 

487729, 3605961; 487727, 3605928; 

487729, 3605912; 487732, 3605901; 

487730, 3605891; 487718, 3605882; 

487719, 3605861; 487725, 3605845; 

487724, 3605828; 487730, 3605815; 

487730, 3605792; 487724, 3605671; 

487723, 3605629; 487728, 3605617; 

487723, 3605556; 487723, 3605531; 

487723, 3605514; 487711, 3605502; 

487720, 3605431; 487714, 3605403; 

487696, 3605404; 487683, 3605384; 

487610, 3605382; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 486529, 3610849. 

(ii) Note: Unit CA–27C (Map M67) 

follows description of CA–27E: 

(78) Unit CA–27D, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Point Loma, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 485114, 3614041; 

485128, 3614042; 485141, 3614041; 

485160, 3614042; 485222, 3614046; 

485267, 3614045; 485305, 3614039; 

485352, 3614014; 485373, 3613993; 

485394, 3613957; 485445, 3613804; 

485477, 3613712; 485497, 3613654; 

485500, 3613623; 485497, 3613609; 

485480, 3613566; 485477, 3613534; 

485488, 3613511; 485545, 3613421; 

485577, 3613363; 485592, 3613321; 

485608, 3613292; 485626, 3613274; 

485668, 3613265; 485769, 3613259; 

485804, 3613275; 485834, 3613276; 

485877, 3613258; 485934, 3613227; 

485996, 3613178; 486024, 3613158; 

486037, 3613138; 486039, 3613136; 

486052, 3613096; 486092, 3613034; 

486141, 3612974; 486161, 3612948; 

486175, 3612932; 486201, 3612904; 

486208, 3612886; 486216, 3612864; 

486217, 3612860; 486222, 3612823; 

486224, 3612808; 486225, 3612805; 

486226, 3612799; 486226, 3612798; 

486225, 3612795; 486219, 3612760; 

486208, 3612735; 486188, 3612721; 

486171, 3612720; 486147, 3612726; 

486134, 3612736; 486130, 3612739; 

486118, 3612748; 486106, 3612747; 

486093, 3612745; 486071, 3612729; 

486053, 3612723; 486016, 3612707; 

485992, 3612690; 485990, 3612687; 

485977, 3612673; 485968, 3612643; 

485967, 3612640; 485965, 3612636; 

485957, 3612632; 485956, 3612632; 

485945, 3612623; 485944, 3612615; 

485940, 3612604; 485909, 3612588; 

485873, 3612670; 485831, 3612750; 

485761, 3612890; 485715, 3612978; 

485654, 3613095; 485491, 3613400; 

485412, 3613528; 485324, 3613668; 

485259, 3613777; 485199, 3613873; 

485147, 3613959; 485129, 3613989; 

485093, 3614039; returning to 485114, 

3614041. 

(ii) Note: Unit CA–27D (Map M67) 

follows description of CA–27E: 

(79) Unit CA–27E, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map National City, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 489220, 3611973; 

489501, 3612069; 489791, 3612166; 

490070, 3612259; 490144, 3612287; 

490269, 3611906; 490231, 3611887; 

490217, 3611878; 490174, 3611856; 

490047, 3611789; 490028, 3611784; 

489947, 3611738; 489878, 3611704; 

489865, 3611701; 489834, 3611692; 

489806, 3611682; 489792, 3611676; 

489727, 3611655; 489611, 3611609; 

489580, 3611587; 489555, 3611597; 

489521, 3611593; 489412, 3611550; 

489384, 3611531; 489366, 3611519; 

489331, 3611518; 489282, 3611513; 

489259, 3611508; 489253, 3611511; 

489253, 3611512; 489237, 3611505; 

489229, 3611501; 489208, 3611497; 

489161, 3611496; 489138, 3611503; 

489122, 3611535; 489097, 3611608; 

489093, 3611675; 489094, 3611724; 

489101, 3611774; 489123, 3611843; 

489166, 3611914; 489200, 3611955; 

489201, 3611954; 489200, 3611942; 

489199, 3611931; 489204, 3611920; 

489210, 3611918; 489219, 3611920; 

489228, 3611922; 489240, 3611929; 

489246, 3611938; 489245, 3611947; 

489237, 3611952; 489225, 3611959; 

489219, 3611969; returning to 489220, 

3611973. 

(ii) Note: Unit CA–27C, CA–27D, CA–

27E (Map M67) follows:

75768 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.066</GPH>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75769

(80) Unit CA–27F, San Diego County 

California. 

(i) From USGS 1:24,000 quadrangle 

map Imperial Beach, California, land 

bounded by the following UTM 11 NAD 

27 coordinates (E,N): 487590, 3603045; 

487669, 3603044; 487679, 3603053; 

487681, 3603072; 487696, 3603063; 

487704, 3603062; 487746, 3603052; 

487774, 3603045; 487774, 3602997; 

487776, 3602973; 487782, 3602889; 

487784, 3602854; 487795, 3602816; 

487852, 3602713; 487854, 3602707; 

487856, 3602705; 487883, 3602673; 

487895, 3602624; 487899, 3602575; 

487887, 3602515; 487865, 3602450; 

487840, 3602415; 487840, 3602398; 

487845, 3602382; 487865, 3602353; 

487885, 3602334; 487934, 3602307; 

487986, 3602298; 488089, 3602283; 

488127, 3602267; 488150, 3602257; 

488190, 3602119; 488214, 3602039; 

488220, 3602020; 488218, 3601977; 

488214, 3601966; 488209, 3601953; 

488198, 3601927; 488220, 3601871; 

488226, 3601840; 488221, 3601817; 

488206, 3601801; 488178, 3601790; 

488176, 3601765; 488182, 3601680; 

488201, 3601523; 488202, 3601513; 

488218, 3601457; 488234, 3601397; 

488267, 3601351; 488292, 3601336; 

488296, 3601327; 488297, 3601324; 

488289, 3601310; 488288, 3601309; 

488293, 3601261; 488307, 3601227; 

488337, 3601155; 488349, 3601138; 

488372, 3601125; 488369, 3601108; 

488363, 3601101; 488380, 3601046; 

488392, 3601034; 488388, 3601016; 

488385, 3601005; 488397, 3600864; 

488413, 3600789; 488430, 3600752; 

488441, 3600706; 488455, 3600622; 

488459, 3600571; 488461, 3600541; 

488515, 3600211; 488512, 3600098; 

488524, 3599982; 488542, 3599731; 

488519, 3599700; 488496, 3599678; 

488484, 3599657; 488480, 3599606; 

488479, 3599545; 488485, 3599487; 

488390, 3599478; proceed generally N 

following the mean low water mark 

(defined at the beginning of the section) 

and returning to 487590, 3603045. 

(ii) Note: Unit CA–27F (Map M68) 

follows:

75770 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 


EP17DE04.067</GPH><FNP>
Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75771

* * * * * Dated: December 1, 2004. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 04–26877 Filed 12–16–04; 8:45 am] 

BILLING CODE 4310–55–C