41782 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AG13

Endangered and Threatened Wildlife

and Plants; Proposed Determination of

Critical Habitat for Wintering Piping

Plovers

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to designate

146 areas along the coasts of North

Carolina, South Carolina, Georgia,

Florida, Alabama, Mississippi,

Louisiana, and Texas as critical habitat

for the wintering population of the

piping plover (Charadrius melodus).

This includes approximately 2,691

kilometers (1,672 miles) of shoreline

along the Gulf and Atlantic coasts and

along margins of interior bays, inlets,

and lagoons.

The population of piping plovers that

breeds in the Great Lakes States is listed

as endangered, while all other piping

plovers are threatened species under the

Endangered Species Act of 1973, as

amended (Act). All piping plovers are

considered threatened species under the

Act when on their wintering grounds.

Critical habitat identifies specific areas

that are essential to the conservation of

a listed species, and that may require

special management considerations or

protection. The primary constituent

elements for the piping plover are those

habitat components that are essential for

the primary biological needs of foraging,

sheltering, and roosting.

This proposed rule, if made final,

would result in additional review

requirements under section 7 of the Act.

Federal agencies may not fund,

authorize, license, permit, or carry out

an action that would destroy or

adversely modify critical habitat.

Section 4 of the Act requires us to

consider economic and other impacts of

specifying any particular area as critical

habitat. We solicit data and comments

from the public on all aspects of this

proposal, including data on the

economic and other impacts of the

designation. We may revise this

proposal to incorporate or address new

information received during the

comment period.

DATES: Comments: We will consider

comments received by September 5,

2000. Nine public hearings are

scheduled for this proposal.

Public Hearings: We have scheduled

nine public hearings for this proposal.

See SUPPLEMENTARY INFORMATION section

for hearing dates and addresses.

Public information meetings will be

held prior to each public hearing at the

hearing location. The public

information sessions will start at 5 p.m.

and continue through the ends of the

hearings. The public hearings will start

at 7 p.m. and end at 9 p.m.

ADDRESSES: Send written comments and

other materials concerning this proposal

to Lee Elliott, Corpus Christi Ecological

Services Field Office, U.S. Fish and

Wildlife Service, c/o TAMU–CC,

Campus Box 338, 6300 Ocean Drive,

Corpus Christi, TX 78412, (361)994–

9005 or e-mail to

winterplovercomments@fws.gov. The

complete file for this proposed rule will

be available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Tom

Serota, Field Supervisor, at the above

address (telephone 361/994–9005;

facsimile 361/994–8262; email

tom_serota@fws.gov).

SUPPLEMENTARY INFORMATION:

Background

Description

The piping plover (Charadrius

melodus), named for its melodic mating

call, is a small, pale-colored North

American shorebird. It weighs 43–63

grams (1.5–2.25 ounces) and is 17–18

centimeters (cm) (about 8 inches) long

(Haig 1992). Its light sand-colored

plumage blends in well with the beach

and sand flats, part of its primary

habitat. During the breeding season, the

legs are bright orange, and the short

stout bill is orange with a black tip.

There are two single dark bands, one

around the neck and one across the

forehead between the eyes. Plumage and

leg color help distinguish this bird from

other plovers. In winter, the bill turns

black, the legs remain orange but pale,

and the black plumage bands on the

head and neck are lost. Chicks have

speckled gray, buff, and brown down,

black beaks, orange legs, and a white

collar around the neck. Juveniles

resemble wintering adults and obtain

their adult plumage the spring after they

fledge (Prater et al. 1977).

Range and Biology

Piping plovers breed in three discrete

areas of North America: the Northern

Great Plains, the Great Lakes, and the

Atlantic Coast. The Northern Great

Plains breeding sites range from Alberta

to Ontario, Canada, south to Kansas and

Colorado. While Great Lakes breeding

sites once ranged throughout the Great

Lakes region, recent nesting records are

limited to Michigan and Wisconsin.

Atlantic Coast breeding sites range from

Newfoundland, Canada, to North

Carolina. Generally, piping plovers

favor open sand, gravel, or cobble

beaches for breeding. Breeding sites are

generally found on islands, lake shores,

coastal shorelines, and river margins.

Piping plovers winter in coastal areas

of the United States from North Carolina

to Texas. They also winter along the

coast of eastern Mexico and on

Caribbean islands from Barbados to

Cuba and the Bahamas (Haig 1992). The

international piping plover winter

censuses of 1991 and 1996 located only

63% and 42% of the estimated number

of breeding birds, respectively (Haig and

Plissner 1993, Plissner and Haig 1997).

Of the birds located on the wintering

grounds during these two censuses,

89% were found on the Gulf Coast of

the United States and 8% were found on

the Atlantic Coast of the United States.

Information from observation of colorbanded piping plovers indicates that the

winter ranges of the breeding

populations overlap to a significant

degree. Therefore, the source breeding

population of a given wintering

individual cannot be determined in the

field unless it has been banded or

otherwise marked.

Piping plovers begin arriving on the

wintering grounds in July, with some

late-nesting birds arriving in September.

A few individuals can be found on the

wintering grounds throughout the year,

but sightings are rare in late May, June,

and early July. Migration is poorly

understood, but most piping plovers

probably migrate non-stop from interior

breeding areas to wintering grounds

(Haig 1992). However, concentrations of

spring and fall migrants have been

observed along the Atlantic Coast

(USFWS 1996).

Behavioral observations of piping

plovers on the wintering grounds

suggest that they spend the majority of

their time foraging (Nicholls and

Baldassarre 1988; Drake 1999a, 1999b).

Primary prey for wintering plovers

includes polychaete marine worms,

various crustaceans, insects, and

occasionally bivalve mollusks (Nicholls

1989; Zonick and Ryan 1995), which

they peck from on top or just beneath

the surface. Foraging usually takes place

on moist or wet sand, mud, or fine shell.

In some cases, this substrate may be

covered by a mat of blue-green algae.

When not foraging, plovers undertake

various maintenance activities

including roosting, preening, and

bathing, aggressive encounters (with

other piping plovers and other species)

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41783

and moving among available habitat

locations.

The habitats used by wintering birds

include beaches, mud flats, sand flats,

algal flats, and washover passes (areas

where breaks in the sand dunes result

in an inlet). Individual plovers tend to

return to the same wintering sites year

after year (Nicholls and Baldassarre

1990, Drake 1999a). Wintering plovers

are dependent on a mosaic of habitat

patches, and move among these patches

depending on local weather and tidal

conditions. One study of 48 wintering

piping plovers in south Texas (Drake

1999a) found a mean home range size

(based on a 95% distribution) of 1,262

hectares (ha) (3,117 acres (ac)), with a

mean distance moved per individual

(averaged across seasons) of more than

3 kilometers (km) (about 2 miles (mi))

for the fall through the spring of 1997–

1998.

In late February, piping plovers begin

leaving the wintering grounds to migrate

back to breeding sites. Northward

migration peaks in late March, and by

late May most birds have left the

wintering grounds (Eubanks 1994).

Population Status

In recent decades, piping plover

populations have declined drastically,

especially in the Great Lakes area. In the

early 1900s, uncontrolled hunting drove

them nearly to extinction. Protective

legislation helped them to recover by

1925, and populations reached a high in

the 1930s (USFWS 1994). These

numbers soon plummeted, though, as

recreational use of beaches increased.

Plover numbers continued to decline in

the 1940s and 1950s as shoreline

development expanded, resulting in the

loss of plover breeding habitat. River

flow alteration, channelization, and

reservoir construction have also led to

loss of breeding habitat.

In 1973, the piping plover was placed

on the National Audubon Society’s Blue

List of threatened species. By that time,

the Great Lakes population of piping

plovers had been extirpated from

shoreline beaches in Illinois, Indiana,

Ohio, New York, Pennsylvania, and

Ontario, and only a few birds continued

to nest in Wisconsin (Russell 1983). At

the time the species was listed under

the Endangered Species Act in 1985, the

Great Lakes population numbered only

17 known breeding pairs, and the

breeding areas had been reduced from

sites in eight States to only northern

Michigan (Stucker and Cuthbert,

unpublished data). In recent years, the

Great Lakes population has gradually

increased and expanded to the south

and west as a result of intensive

conservation measures. Recent increases

in the Atlantic Coast breeding

population have also been attributed to

intensive management and monitoring

of nesting beaches. While overall the

Atlantic Coast population is increasing,

increases are regionally variable with

some areas experiencing declining

populations. On the other hand,

breeding census results show a marked

decline of the population breeding in

the Northern Great Plains of the United

States (Plissner and Haig 1997).

Previous Federal Actions

On December 30, 1982, we published

a notice of review in the Federal

Register (47 FR 58454) that identified

vertebrate animal taxa being considered

for addition to the List of Threatened

and Endangered Wildlife. The notice

included the piping plover as a Category

2 Candidate species, indicating that we

believed the species might warrant

listing as threatened or endangered, but

that we had insufficient data to support

a listing at that time. Subsequent review

of additional data indicated that the

piping plover warranted listing, and in

November 1984, a proposal to list the

piping plover as endangered and

threatened was published in the Federal

Register (49 FR 44712).

The proposed listing was based on the

decline of the species and the existing

threats, including habitat destruction,

disturbance by humans and pets, high

levels of predation, and contaminants.

On December 11, 1985, the final rule

was published (50 FR 50720), listing the

piping plover as endangered in the

Great Lakes watershed (Illinois, Indiana,

Michigan, northeastern Minnesota, New

York, Ohio, Pennsylvania, Wisconsin,

and Ontario) and as threatened

elsewhere within its range. All piping

plovers on migratory routes outside of

the Great Lakes watershed or on their

wintering grounds are considered

threatened. We did not designate critical

habitat for the species at that time.

In 1986, two recovery teams were

appointed to develop recovery plans for

the piping plovers breeding in the

Atlantic Coast States and those breeding

in the Great Lakes/Northern Great Plains

region. We published those plans in

1988 (USFWS 1988a, 1988b). In 1994,

we began to revise the plan for the Great

Lakes/Northern Great Plains plovers by

developing and distributing for public

comment a draft that included updated

information on the species. More

recently, we decided that the recovery

of these two regional populations would

benefit from separate recovery plans

that would direct separate recovery

programs. Separate recovery plans for

the Great Lakes and Northern Great

Plains piping plovers are presently

under development. The recovery plan

for the Atlantic Coast-breeding plovers

was revised in 1996 (USFWS 1996).

In December 1996, Defenders of

Wildlife (Defenders) filed a lawsuit

against the Department of the Interior

and the Service for failing to designate

critical habitat for the Great Lakes

population of the piping plover.

Defenders filed a second similar lawsuit

for the Northern Great Plains piping

plover population in 1997. These

lawsuits were subsequently combined

(Defenders of Wildlife et al. v. Bruce

Babbitt et al., Consolidated Cases Civil

No. 1:96–CV–02695AER and Civil No.

1:97–CV00777AER). In February 2000,

the court issued an order directing us to

publish a proposed critical habitat

designation for the Great Lakes

population of the piping plover by June

30, 2000. Publication of a similar

proposal for nesting areas of the

Northern Great Plains population of

piping plover by May 31, 2001, was also

ordered. A subsequent order, after

requesting the court to reconsider its

original order relating to final critical

habitat designation, directs us to finalize

the critical habitat designations for the

Great Lakes population by April 30,

2001, and for the Northern Great Plains

population by March 15, 2002.

Since we cannot distinguish the Great

Lakes and Great Plains birds on their

wintering grounds, we felt it was

appropriate to propose critical habitat

for all U.S.-wintering piping plovers

collectively. Further, we determined

that the appropriate course of action

would be to propose critical habitat for

all U.S.-wintering piping plovers on the

same schedule required, under court

order, for the Great Lakes breeding

population.

Critical Habitat

Critical habitat is defined in section

3(5)(A) 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 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

threatened species to the point at which

listing under the Act is no longer

necessary. Thus, critical habitat areas

should provide sufficient habitat to

41784 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

support the species at the population

level and geographic distribution that

are necessary for recovery. Proposed

critical habitat for the wintering

population of the piping plover includes

areas that we know currently support

the species, and also areas for which

census data may be lacking but which

contain habitat essential for the

conservation of the species.

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

we base critical habitat proposals upon

the best scientific and commercial data

available, after taking into consideration

the economic impact, and any other

relevant impact, of specifying any

particular area as critical habitat. We

may exclude areas from critical habitat

designation when the benefits of

excluding those areas outweigh the

benefits of including the areas within

the critical habitat, providing the

exclusion will not result in the

extinction of the species.

Designation of critical habitat can

help focus conservation activities for a

listed species by identifying areas that

contain the physical and biological

features that are essential for the

conservation of that species.

Designation of critical habitat alerts the

public as well as land-managing

agencies to the importance of these

areas.

Critical habitat receives protection

under section 7 of the Act through the

prohibition against destruction or

adverse modification of critical habitat

by actions carried out, funded, or

authorized by a Federal agency. Section

7 also requires conferences on Federal

actions that are likely to result in the

adverse modification or destruction of

proposed critical habitat. Aside from the

protection that may be provided under

section 7, the Act does not provide other

forms of protection to lands designated

as critical habitat. Because consultation

under section 7 of the Act does not

apply to activities on private or other

non-Federal land that do not involve a

Federal action, critical habitat

designation would not afford any

protection under the Act against such

activities on these lands.

Designating critical habitat does not,

in itself, lead to the recovery of a listed

species. The designation does not

establish a reserve, create a management

plan, establish numerical population

goals, prescribe specific management

practices (inside or outside of critical

habitat), or directly affect areas not

designated as critical habitat. Specific

management recommendations for areas

designated as critical habitat are most

appropriately addressed in recovery and

management plans, and through section

7 consultation and section 10 permits.

Critical habitat identifies specific

areas that are essential to the

conservation of a listed species and that

may require special management

considerations or protections. Areas

described in the approved recovery

plans (USFWS 1988, 1996) as essential

to the conservation of the wintering

population of the piping plover are

proposed as critical habitat, if recent

data supported consistent use and

habitat remains suitable. However, the

recovery plans did not have available

the most recent comprehensive winter

survey data and did not identify all

possible areas essential to the survival

and recovery of the species. Thus, we

identified additional areas essential to

the species’ conservation.

Primary Constituent Elements

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

of the Act and regulations at 50 CFR

424.12, in determining which areas to

propose as critical habitat, we are

required to base critical habitat

determinations on the best scientific

and commercial data available and to

consider those physical and biological

features that are essential to the

conservation of the species and that may

require special management

considerations and protection. Such

requirements 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; and habitats that are protected

from disturbance or are representative of

the historic geographical and ecological

distributions of a species.

The primary constituent elements

essential for the conservation of

wintering piping plovers are those

habitat components that support

foraging, roosting, and sheltering and

the physical features necessary for

maintaining the natural processes that

support these habitat components. The

primary constituent elements are found

in geologically dynamic coastal areas

that support or have the potential to

support intertidal beaches and flats

(between annual low tide and annual

high tide) and associated dune systems

and flats above annual high tide.

Important components of intertidal

flats include sand and/or mud flats with

no or very sparse emergent vegetation.

In some cases, these flats may be

covered or partially covered by a mat of

blue-green algae. Adjacent unvegetated

or sparsely vegetated sand, mud, or algal

flats above high tide are also important,

especially for roosting piping plovers.

Such sites may have debris, detritus

(decaying organic matter), or microtopographic relief (less than 50 cm

above substrate surface) offering refuge

from high winds and cold weather.

Important components of the beach/

dune ecosystem include surf-cast algae,

sparsely vegetated backbeach (beach

area above mean high tide seaward of

the dune line, or in cases where no

dunes exist, seaward of a delineating

feature such as a vegetation line,

structure, or road), spits, and washover

areas. Washover areas are broad,

unvegetated zones with little or no

topographic relief, that are formed and

maintained by the action of hurricanes,

storm surge, or other extreme wave

action. Several of these components

(sparse vegetation, little or no

topographic relief) are mimicked in

artificial habitat types used less

commonly by piping plovers (e.g.,

dredge spoil sites).

These habitat components are a result

of the dynamic geological processes that

dominate coastal landforms throughout

the wintering range of piping plovers.

These geologically dynamic coastal

regions are controlled by processes of

erosion, accretion, succession, and sealevel change. The integrity of the habitat

components depends upon daily tidal

events and regular sediment transport

processes, as well as episodic, highmagnitude storm events; these processes

are associated with the formation and

movement of barrier islands, inlets, and

other coastal landforms. By their nature,

these features are in a constant state of

change; they may disappear, only to be

replaced nearby as coastal processes act

on these habitats. Given that piping

plovers evolved in this dynamic system,

and that they are dependent upon these

ever-changing features for their

continued survival and eventual

recovery, our proposed critical habitat

boundaries incorporate these natural

processes and include sites that we

expect will develop appropriate habitat

components in the future.

In most areas, wintering piping

plovers are dependent on a mosaic of

sites distributed throughout the

landscape. The annual, daily, and even

hourly availability of the habitat patches

is dependent on local weather and tidal

conditions. For example, a single piping

plover may leave a site if it becomes

inundated by a high tide or storm event,

or if high winds or cold temperatures

make the site unsuitable for foraging or

roosting. This bird will move to other

patches within the landscape mosaic

that might provide refuge from

inclement weather conditions, or that

simply provide a roosting site until

conditions become favorable to resume

foraging.

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41785

Methods

In determining areas that are essential

to conserve the wintering population of

piping plover, we used the best

scientific and commercial data

available. We solicited information from

knowledgeable biologists and reviewed

the available information pertaining to

habitat requirements of the species. To

map areas essential to the conservation

of the species, we used data on known

piping plover wintering locations and

regional Geographic Information

Systems coverages. Sources of data

providing these locations include two

international piping plover censuses

carried out in January of 1991 and 1996,

published reports, Christmas Bird

Counts, and other data from surveys

focusing on shorebird distribution and

abundance. Areas that were identified

in the approved recovery plans and

current draft recovery plans as essential

for the recovery of the species were also

used to initially identify important

areas.

Those areas along the coast for which

occurrence data indicate a consistent

annual use by piping plovers are

included as units in this proposed

designation. In some areas, adequate

census data are not available to provide

reliable presence or absence information

for the plover. These areas are in remote

locations where censuses are logistically

difficult. However, the physical and

biological features essential to piping

plovers are known to be at least

sporadically present in these dynamic

areas, and our belief that these areas

support piping plovers when essential

habitat features are present is

biologically sound. In addition, piping

plovers are known to change their areas

of use with changes in tides and

weather, further lending credence to the

belief that these areas are at least

occasionally used by the species. Thus,

we consider these areas essential to the

conservation of the species.

Rates of erosion and accretion along

the coastal regions within the area

considered for designation of critical

habitat are highly variable.

Simultaneous with shoreline

movements are the changes in

vegetation and dune structure in these

coastal areas. These changes will also

result in shifts in the geographic

location of primary constituent

elements. While the amount of area

meeting the description of primary

constituent elements will probably

change very little over time, its location

can vary markedly. In Texas, erosion

rates in some areas can be as much as

23 meters (m) (75 feet) per year, while

in other areas of the Texas coast,

accretion can be occurring at a rate as

high as 51 m (167 feet) per year.

Changes in the vegetation line along the

Texas coast are of a similar order of

magnitude (Paine and Morton 1989).

The shifting of islands along the

Louisiana coast can be extreme. For

example, East Timbalier (included in

the proposed critical habitat

designation) has shifted as much as 2

km (1.2 mi) since 1887 (Louisiana

Geological Survey 1992). Erosion in the

vicinity of Cape San Blas, Florida, is as

much as 9 m (30 feet) per year, and

accretion can be as much as 19 m (62

feet) per year (Davis 1997). Likewise,

shoreline in the vicinity of Longboat

Pass, Florida, has moved 300 m (984

feet) between 1883 and 1970 (Dean

1989). In order to insure that maps

adequately capture areas containing

primary constituent elements over the

foreseeable future, critical habitat

boundaries include adjacent areas

seaward of areas containing primary

constituent elements (to insure capture

of accreting shoreline and island

shifting) and landward (to insure

capture of eroding shorelines and island

shifting).

We did not map critical habitat in

sufficient detail to exclude all currently

developed sites consisting of buildings,

marinas, paved areas, boat ramps, and

similar structures. These areas do not

contain primary constituent elements

essential for piping plover conservation,

and are not critical habitat even though

they are within the mapped boundaries.

Designating specific locations for

critical habitat for the piping plovers is

difficult because the coastal areas they

use are constantly changing due to

storm surges, flood events, and other

natural geo-physical alterations of

beaches and shorelines. Areas seaward

of the beach and covered by water (e.g.,

open ocean or bays) will not contain one

or more of the primary constituent

elements, and are not critical habitat.

Because of the dynamics of coastal

areas, however, areas now covered by

water may in the future become land,

and will then under this designation

become critical habitat if they fall

within the mapped boundaries.

Proposed Critical Habitat Designation/

Land Ownership

The proposed critical habitat areas

contained within the conservation units

described below constitute our best

evaluation of areas needed for the

conservation of the wintering piping

plover. Proposed critical habitat may be

revised should new information become

available prior to the final rule, and

existing critical habitat may be revised

through rulemaking if new information

becomes available after the final rule.

Table 1 provides a summary of the

land ownership and linear shoreline

distances proposed as critical habitat.

Table 2 provides land ownership and

area measurements. Estimates reflect the

total area within the mapped critical

habitat conservation unit boundaries,

without regard to the presence of

primary constituent elements. The area

actually affected by this proposal is,

therefore, less than that indicated in

Table 2.

TABLE 1.—LINEAR SHORELINE DISTANCES MEASURED IN KILOMETERS (MILES) PROPOSED FOR DESIGNATION AS CRITICAL

HABITAT FOR WINTERING PIPING PLOVERS, BY STATE (ROWS) AND OWNERSHIP (COLUMNS).

Federal State Private Total

North Carolina .......................................................................................................... 117

(73)

65

(40)

65

(40

247

(153)

South Carolina ......................................................................................................... 23

(14)

50

(31)

38

(24)

111

(69)

Georgia .................................................................................................................... 53

(33)

76

(47)

30

(19)

159

(99)

Florida ...................................................................................................................... 106

(66)

150

(93)

79

(49)

335

(208)

Alabama ................................................................................................................... 14

(9)

23

(14)

59

(37)

96

(60)

Mississippi ................................................................................................................ 98

(61)

113

(70)

211

(131)

Louisiana .................................................................................................................. 100

(62)

169

(105)

282

(175)

551

(342)

41786 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

TABLE 1.—LINEAR SHORELINE DISTANCES MEASURED IN KILOMETERS (MILES) PROPOSED FOR DESIGNATION AS CRITICAL

HABITAT FOR WINTERING PIPING PLOVERS, BY STATE (ROWS) AND OWNERSHIP (COLUMNS).—Continued

Federal State Private Total

Texas ....................................................................................................................... 459

285)

85

(53)

437

(272)

981

(610)

Total .................................................................................................................. 970

(603)

618

(383)

1,103

(686)

2,691

(1,672

TABLE 2.—TOTAL AREA OF UNITS, EXPRESSED AS HECTARES (ACRES), PROPOSED FOR DESIGNATION AS CRITICAL

HABITAT FOR WINTERING PIPING PLOVERS, BY STATE (ROWS) AND OWNERSHIP (COLUMNS).

Federal State Private Total

North Carolina .......................................................................................................... 6,679

(16,504)

15,917

(39,331)

2,635

(6,511)

25,231

(62,346)

South Carolina ......................................................................................................... 1,585

(3,917)

7,147

(17,660)

1,387

(3,427)

10,119

(25,004)

Georgia .................................................................................................................... 2,461

(6,081)

10,357

(25,592)

2,355

(5,819)

15,173

(37,492)

Florida ...................................................................................................................... 17,830

(44,058)

56,867

(140,520)

1,696

(4,191)

76,393

(188,767)

Alabama ................................................................................................................... 168

(415)

1,038

(2,565)

1,561

(3,857)

2,767

(6,837)

Mississippi ................................................................................................................ 28,362

(70,083)

18,517

(45,756)

2,549

(6,299)

49,428

(122,138)

Louisiana .................................................................................................................. 51,480

(127,207)

386,746

(955,660)

81,451

(201,268)

519,677

(1,284,136)

Texas ....................................................................................................................... 58,758

(145,1913)

69,416

(171,529)

24.872

(71.435)

153,036

(378,156)

Total .................................................................................................................. 167,323

(413,459)

566,005

(1,398,613)

118,496

(292,807)

851,824

(2,104,879)

Lands proposed as critical habitat

have been divided into 146 critical

habitat conservation units that contain

areas with the primary constituent

elements for the piping plover in the

wintering range of the species. These

units are found in all eight States where

the piping plover winters. Below we

describe each unit in terms of its

location, size, and ownership. Sizes of

units that include linear stretches of

beach are given in kilometers (miles),

whereas broader areas, such as barrier

islands, are portrayed in hectares

(acres).

North Carolina

Unit NC–1: Oregon Inlet. 11.8 km (7.3 mi) of

shoreline in Dare County.

This unit is surrounded by Cape Hatteras

National Seashore and Pea Island National

Wildlife Refuge, but is mostly privately

owned. This unit includes lands on either

side of Oregon Inlet.

Unit NC–2: Cape Hatteras Point. 13.0 km (8.1

mi) of shoreline in Dare County.

The majority of the unit is within Cape

Hatteras National Seashore. This unit extends

from the Cape Hatteras Lighthouse to the

Fish Dump.

Unit NC–3: Clam Shoals. 4.5 km (2.8 mi) of

shoreline in Dare County.

The entire unit is owned by the State. This

unit includes several islands in Pamlico

Sound known as Bird Islands.

Unit NC–4: Hatteras Inlet. 19.8 km (12.4 mi)

of shoreline in Dare and Hyde Counties.

The majority of the unit is surrounded by

Cape Hatteras National Seashore, but is

privately owned. This unit includes lands

from the end of Highway 12 to Green Island

on either side of Hatteras Inlet and all of

‘‘Old DOT’’ spoil island.

Unit NC–5: Ocracoke Island. 5.9 km (3.7 mi)

of shoreline in Hyde County.

The majority of the unit is within Cape

Hatteras National Seashore. This unit extends

from Ocracoke Island Airport to Ocracoke

Inlet.

Unit NC–6: Portsmouth Island-Cape Lookout.

54.6 km (33.9 mi) of shoreline in Carteret

County.

The entire unit is within Cape Lookout

National Seashore. This unit extends

southwest from Ocracoke Inlet, and includes

Atlantic shoreline to the west sides of islands

on Pamlico Sound. Islands include Casey,

Sheep, Portsmouth, Whalebone, Kathryne

Jane, and Merkle Hammock Islands. This unit

also extends from Old Drum Inlet west to

New Drum Inlet and from New Drum Inlet

west 1.6 km (1.0 mi).

Unit NC–7: South Core Banks. 17.3 km (10.8

mi) of shoreline in Carteret County.

The entire unit is within Cape Lookout

National Seashore. This unit extends from

Cape Lookout Lighthouse and includes all of

Cape Point.

Unit NC–8: Shackleford Banks. 15.7 km (9.8

mi) of shoreline in Carteret County.

The entire unit is within Cape Lookout

National Seashore. This unit is in two parts—

the eastern 2.4 km (1.5 mi) of Shackleford

Banks, including the islands, and the

western-most 3.2 km (2.0 mi) of Shackleford

Banks.

Unit NC–9: Rachel Carson. 12.6 km (7.8 mi)

of shoreline in Carteret County.

The entire unit is within the Rachel Carson

National Estuarine Research Reserve. This

unit includes islands south of Beaufort

including Horse Island, Carrot Island, and

Lennox Point.

Unit NC–10: Bogue Inlet. 6.4 km (4.0 mi) of

shoreline in Carteret and Onslow

Counties.

The majority of the unit is privately

owned, with the remainder falling within

Hammocks Beach State Park. This unit

extends from the roadless areas on the

western end of Bogue Banks, including the

sandy shoal islands, to Bogue Inlet and the

eastern tip of Bear Island, 1.6 km (1.0 mi)

from Bogue Inlet west.

Unit NC–11: Topsail. 13.2 km (8.2 mi) of

shoreline in Pender County and Hanover

County.

The entire area is privately owned. This

unit extends from the east tip (0.4 km (.25

mi)) of Figure Eight Island, northeast to the

west tip (0.4 km (.25 mi)) of Topsail Beach.

It includes both Rich Inlet and New Topsail

Inlet.

Unit NC–12: Figure Eight Island. 6.5 km (4.0

mi) of shoreline in New Hanover County.

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41787

The majority of the unit is privately

owned. This unit includes the west tip of

Figure Eight Island (0.8 km (0.5 mi)),

including mudflats northwest of Mason Inlet.

Unit NC–13: Masonboro. 3.3 km (2.1 mi) of

shoreline in New Hanover County.

The entire unit is within the NC National

Estuarine Research Reserve. This unit

includes the northern tip of Masonboro

Island.

Unit NC–14: Carolina Beach Inlet. 10.3 km

(6.4 mi) of shoreline in New Hanover

County.

The majority of the unit is within Crowe

Sound on Masonboro Island and is owned by

the NC National Estuarine Research Reserve.

This unit extends approximately 3.2 km (2.0

mi) north of the inlet to 1.2 km (0.75 mi)

south of the inlet.

Unit NC–15: Ft. Fisher. 32.9 km (20.4 mi) of

shoreline in New Hanover and

Brunswick Counties.

The majority of the unit is within Ft. Fisher

State Recreation Area. This unit extends from

the Ft. Fisher Islands to south of Old Corn

Cake Inlet approximately 0.8 km (0.5 mi) on

Smith Island.

Unit NC–16: Lockwood Folly Inlet. 1.8 km

(1.1 mi) of shoreline in Brunswick

County.

The entire unit is on Oak Island and

privately owned. This unit extends from the

end of West Beach Drive, west to Lockwood

Folly Inlet.

Unit NC–17: Shallotte Inlet. 9.5 km (5.9 mi)

of shoreline in Brunswick County.

The entire unit is privately owned. This

unit extends from Shallotte Inlet and runs

east approximately 2.1 km (1.3 mi) on

Atlantic Ocean shoreline and Intracoastal

waterway side. The island south of Shallotte

Inlet is also included.

Unit NC–18: Mad Inlet. 7.9 km (5.0 mi) of

shoreline in Brunswick County.

The entire unit is privately owned. This

unit extends from the western end of Main

Street to Bird Island and includes the marsh

areas north of Sunset Beach.

South Carolina

Unit SC–1: Waites Island-North. 4.0 km (2.5

mi) of shoreline in Horry County.

This unit includes the northern end of

Waites Island, and the majority of the unit is

privately owned.

Unit SC–2: Waites Island-South. 2.4 km (1.2

mi) of shoreline in Horry County.

This unit includes the southern end of

Waites Island and is mostly privately owned.

Unit SC–3: Murrells Inlet/Huntington Beach.

6.5 km (4.0 mi) of shoreline in

Georgetown County.

The majority of the unit is within

Huntington Beach State Park. This unit

extends from the groins north of Murrells

Inlet and south to the northern edge of North

Litchfield Beach.

Unit SC–4: Litchfield. 0.9 km (0.6 mi) of

shoreline in Georgetown County.

This unit includes the southern tip of

Litchfield Beach and is mostly privately

owned.

Unit SC–5: North Inlet. 5.8 km (3.7 mi) of

shoreline in Georgetown County.

The majority of the unit is within Tom

Yawley Wildlife Center Heritage Preserve

(HP). This unit extends to the north of the

inlet on Debidue Beach and to the south of

the inlet on North Island.

Unit SC–6: North Santee Bay Inlet. 13.8 km

(8.7 mi) of shoreline in Georgetown

County.

The majority of the unit is within the Tom

Yawley Wildlife Center HP and the SanteeDelta Wildlife Management Area. This unit is

at the North Santee Bay inlet and includes

lands of South Island, Santee Point, Cedar

Island, and all of North Santee Sandbar.

Unit SC–7: Cape Romain. 24.9 km (15.5 mi)

of shoreline in Charleston County.

The majority of the unit is within Cape

Romain National Wildlife Refuge. This unit

includes the southern portion of Cape Island,

the southernmost portion of Lighthouse

Island, and the southern side of the far

eastern tip of Raccoon Key.

Unit SC–8: Bull Island. 7.7 km (5.0 mi) of

shoreline in Charleston County.

The majority of the unit is within Cape

Romain National Wildlife Refuge and land

owned by the South Carolina Department of

Natural Resources. This unit is the southern

portion of Bull Island at the inlet and

northeast tip of Capers Island HP at the inlet.

Unit SC–9: Stono Inlet. 16.0 km (9.9 mi) of

shoreline in Charleston County.

Most of this unit is privately owned. A

portion of the unit is Bird Key-Stono HP.

Unit SC–10: Seabrook Island. 3.5 km (2.5 mi)

of shoreline in Charleston County.

This unit extends from Captain Sams Inlet

to the southwest approximately 3.5 km (2.5

mi). Most of this unit is privately owned.

Unit SC–11: Deveaux Bank. 6.1 km (3.7 mi)

of shoreline in Charleston County.

The entire unit is within Deveaux Bank

HP. This unit includes all of Deveaux island.

Unit SC–12: Otter Island. 4.1 km (2.5 mi) of

shoreline in Colleton County.

The majority of the unit is within St.

Helena Sound HP. This unit includes the

southern portion of Otter Island.

Unit SC–13: Harbor Island. 3.9 km (2.5 mi)

of shoreline in Beaufort County.

The majority of the unit is State-owned.

This unit extends from the northeastern tip

of Harbor Island and includes all of Harbor

Spit.

Unit SC–14: Caper’s Island. 5.7 km (3.7 mi)

of shoreline in Beaufort County.

Most of this unit is privately owned. This

unit includes the entire Atlantic Coast

shoreline of Caper’s Island.

Unit SC–15: Hilton Head. 6.0 km (3.7 mi) of

shoreline in Beaufort County.

The majority of this unit is State-owned.

This unit includes the northeastern tip

(Atlantic Ocean side) of Hilton Head Island

and all of Joiner Bank.

Georgia

Unit GA–1: Tybee Island. 3.4 km (2.1 mi) of

shoreline in Chatham County.

The majority of the unit is privately

owned. This unit extends along the northern

tip if Tybee Island starting from 0.8 km (.5

mi) northeast from the intersection of Crab

Creek and Highway 80 to 0.7 km (.41 mi)

northeast from the intersection of Highway

80 and Horse Pen Creek.

Unit GA–2: Little Tybee Island. 12.3 km (7.6

mi) of shoreline in Chatham County.

The majority of the unit is within Little

Tybee Island State Heritage Preserve. This

unit extends just south of the first inlet to

Wassaw Sound along the Atlantic Ocean

coastline.

Unit GA–3: North Wassaw Island. 4.0 km (2.5

mi) of shoreline in Chatham County.

The entire unit is within Wassaw National

Wildlife Refuge. This unit extends from

Wassaw Sound south along the Atlantic

Coastline approximately 1.6 km (1.0 mi).

Unit GA–4: South Wassaw Island. 3.3 km (2.0

mi) of shoreline in Chatham County.

The entire unit is within Wassaw National

Wildlife Refuge. This unit extends from the

last southern 1.6 km (1.0 mi.), around the

southern tip of Wassaw Island, up to the first

inlet.

Unit GA–5: Ossabaw Island. 15.1 km (9.4 mi)

of shoreline in Chatham County.

The entire unit is within Ossabaw Island

State HP. This unit includes the northeastern

tip (Camp Creek then east ) and 12 km (7.5

mi) south along the Atlantic Ocean shoreline

to a point 2.8 km (1.75 mi) past the center

inlet.

Unit GA–6: St. Catherine’s Island Bar. 6.6 km

(4.1 mi) of shoreline in Liberty County.

The entire unit is State owned and located

east-northeast of St. Catherines Island. This

unit includes the entire St. Catherine’s Island

Bar.

Unit GA–7: McQueen’s Inlet. 27.2 km (16.9

mi) of shoreline in Liberty County.

The majority of the unit is private land

along the eastern-central coastline on St.

Catherines Island. This unit extends from

McQueen’s Inlet north approximately 3.5 km

(2.2 mi) and south approximately 1.6 km (1.0

mi).

Unit GA–8: St. Catherine’s Island. 3.5 km (2.2

mi) of shoreline in Liberty County.

The majority of the unit is private land on

the southern tip of St. Catherine’s Island.

This unit starts 1.2 km (0.75 mi) north of

Sapelo Sound and stops inland at Brunsen

Creek.

Unit GA–9: Blackbeard Island. 6.1 km (3.8

mi) of shoreline in McIntosh County.

The entire unit is within the Blackbeard

Island National Wildlife Refuge. This unit

includes the northeastern portion of the

island.

Unit GA–10: Sapelo Island. 2.4 km (1.5 mi)

of shoreline in McIntosh County.

The entire unit is within a State Wildlife

Management Unit within Sapelo Island. The

unit extends south of Cabretta tip

approximately 1.6 km (1.0 mi).

Unit GA–11: Wolf Island. 12.3 km (7.7 mi) of

shoreline in McIntosh County.

The majority of the unit is within Wolf

Island National Wildlife Refuge and private

lands just north of the Refuge. The unit

includes the eastern half of Wolf Island.

Unit GA–12: Egg Island Bar. 3.8 km (2.4 mi)

of shoreline in McIntosh County.

This unit is State owned and includes all

of Egg Island Bar.

41788 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

Unit GA–13: Little St. Simon’s Island. 15.1

km (9.4 mi) of shoreline in Glynn

County.

The majority of the unit is private land on

Little St. Simon’s Island. This unit includes

the entire eastern coastline along Little St.

Simon’s Island.

Unit GA–14: Sea/St. Simon’s Island. 3.9 km

(2.4 mi) of shoreline in Glynn County.

The majority of the unit is private land on

the south tip of Sea Island and on the east

beach of St. Simons Island. This unit extends

north of Gould’s Inlet (Sea Island) and south

of Gould’s Inlet (St. Simons Island).

Unit GA–15: Jekyll Island. 2.8 km (1.7 mi) of

shoreline in Glynn County.

The majority of the unit is within State

lands on Jekyll Island. This unit includes the

southern region of Jekyll Island.

Unit GA–16: Cumberland Island. 36.6 km

(22.7) of shoreline in Camden County.

The majority of the unit is along

Cumberland Island Wilderness Area and

Cumberland Island National Seashore. This

unit includes the majority of the eastern

Atlantic Ocean shoreline of Cumberland

Island.

Florida

Unit FL–1: Big Lagoon. 1.4 km (0.9 mi) of

shoreline in Escambia County.

The majority of the unit is within Big

Lagoon State Recreation Area. This unit

includes the peninsula areas and islands of

the State lands.

Unit FL–2: Big Sabine. 6.7 km (4.2 mi) of

shoreline in Escambia County.

The majority of the unit is within Gulf

Islands National Seashore. This unit includes

areas adjacent to Santa Rosa Sound of Big

Sabine Point and adjacent embayment.

Unit FL–3: Navarre Beach. 2.9 km (1.8 mi) of

shoreline in Escambia and Santa Rosa

Counties.

The majority of the unit is within lands

owned by Gulf Islands National Seashore and

managed by the Santa Rosa Island Authority.

This unit includes lands adjacent to Santa

Rosa Island.

Unit FL–4: Marifarms. 12.5 km (7.8 mi) of

shoreline in Bay County.

The majority of the unit is a mixture of

State and private lands. This unit extends

just east of Cedar Point and ends on far east

side of the southeastern-most Marifarms

impoundment.

Unit FL–5: Shell/Crooked Islands. 46.8 km

(29.0 mi) of shoreline in Bay County.

The entire unit is within Tyndall Air Force

Base. This unit includes all of Shell Island,

Crooked Island West, and Crooked Island

East.

Unit FL–6: Upper St. Joe Peninsula. 8.2 km

(5.1 mi) of shoreline in Gulf County.

The majority of the unit is within St.

Joseph State Park. This unit includes the

northern portion of the peninsula.

Unit FL–7: Cape San Blas. 5.1 km (3.2 mi) of

shoreline in Gulf County.

The majority of the unit is within Eglin Air

Force Base. This unit includes the area

known as the cape.

Unit FL–8: St. Vincent Island. 11.6 km (7.2

mi) of shoreline in Franklin County.

The majority of the unit is within St.

Vincent National Wildlife Refuge. This unit

includes the western end of St. Vincent

Island and areas adjacent to West Pass, the

eastern end of St. Vincent Island, and the

western portion of Little St. George Island.

Unit FL–9: East St. George Island. 27.8 km

(17.3 mi) of shoreline in Franklin

County.

The majority of the unit is within St.

Geroge State Park. This unit includes the

State lands on the eastern portion of St.

George Island.

Unit FL–10: Yent Bayou. 4.7 km (2.9 mi) of

shoreline in Franklin County.

The majority of the unit is State owned.

This unit is adjacent to the area known as

Royal Bluff.

Unit FL–11: Carabelle Beach. 4.1 km (2.5 mi)

of shoreline in Franklin County.

The area within this unit is privately

owned. This unit is the peninsula created by

Boggy Jordon Bayou.

Unit FL–12: Lanark Reef. 8.8 km (5.5 mi) of

shoreline in Franklin County.

The entire unit is State owned. This unit

includes the entire island.

Unit FL–13: Phipps Preserve. 4.3 km (2.7 mi)

of shoreline in Franklin County.

The majority of the unit is within Phipps

Preserve. This unit includes the western

portion of Alligator Point.

Unit FL–14: Hagens Cove. 20.3 km (12.6 mi)

of shoreline in Taylor County.

The majority of the unit is within Big Bend

Wildlife Management Area. This unit extends

from Sponge Point to Piney Point.

Unit FL–15: Anclote Keys. 10.4 km (6.4 mi)

of shoreline in Pasco and Pinellas

Counties.

The majority of the unit is within Anclote

Key State Preserve. This unit extends from

North Anclote Key to the lighthouse.

Unit FL–16: Three Rooker Island. 7.0 km (4.3

mi) of shoreline in Pinellas County.

The majority of the unit is within Anclote

Key State Preserve. This unit includes all the

islands of this complex.

Unit FL–17: North Honeymoon Island. 4.6

km (2.9 mi) of shoreline in Pinellas

County.

The majority of the unit is within

Honeymoon Island State Recreation Area.

This unit extends from North Point to the

midpoint of Honeymoon Island.

Unit FL–18: South Honeymoon Island. 3.0

km (1.9 mi) of shoreline in Pinellas

County.

The majority of the unit is private land.

This unit is at the southern end of

Honeymoon Island and encompasses the far

southeastern tip.

Unit FL–19: Caladesi Island. 4.9 km (3.0 mi)

of shoreline in Pinellas County.

The majority of the unit is within Caladesi

Island State Park. This unit extends from

Hurricane Pass to Dunedin Pass on the Gulf

of Mexico side.

Unit FL–20: Shell Key and Mullet Key. 14.9

km (9.2 mi) of shoreline in Pinellas

County.

The majority of the unit is within Fort

Desoto Park. This unit includes the Shell Key

island complex and the northwest portion of

Mullet Key.

Unit FL–21: Egmont Key. 6.8 km (4.2 mi) of

shoreline in Hillsborough County.

The majority of the unit is within Egmont

Key National Wildlife Refuge. This unit

includes the entire island.

Unit FL–22: Cayo Costa. 5.6 km (3.5 mi) of

shoreline in Lee County.

The majority of the unit is within Cayo

Costa State Park, and much of the remaining

area is in the Cayo Costa Florida

Conservation and Recreation Lands (CARL)

acquisition project. This unit extends near

the north end of the island and includes

Murdock Point.

Unit FL–23: North Captiva Island. 2.9 km (1.8

mi) of shoreline in Lee County.

The unit is within the Cayo Costa CARL

land purchase project. This unit extends from

Captiva pass at the north to approximately

Foster Bay at the south.

Unit FL–24: Captiva Island and Sanibel

Island. 2.9 km (1.8 mi) of shoreline in

Lee County.

The unit spans the Wulfert Channel that

separates Captiva from Sanibel to the south.

The large majority of the unit is on Sanibel,

extending south to include Bowmans Beach

County Park.

Unit FL–25: Bunch Beach. 7.0 km (4.4 mi) of

shoreline in Lee County.

This unit is mostly within a CARL Estero

Bay acquisition project. It lies along San

Carlos Bay, on the mainland between Sanibel

Island and Estero Island (Fort Myers Beach).

It includes Bunch Beach at the end of John

Morris Road on the mainland and the

western tip of Estero Island (Bodwitch Point).

Unit FL–26: Estero Island. 4.3 km (2.7 mi) of

shoreline in Lee County.

The majority of the unit is privately

owned. The unit consists of approximately

the southern third of the island’s Gulf-facing

shoreline (excluding south-facing shoreline

at the south end of the island that faces Big

Carlos Pass rather than the Gulf).

Unit FL–27: Marco Island. 10.6 km (6.5 mi)

of shoreline in Collier County.

The unit is mostly privately owned, except

for the Sand Dollar Key area at Tigertail

Beach. The unit extends from uninhabited

islands on the north side of Big Marco Pas

through Sand Dollar Island and Tigertail

Beach at the north end of the island, to Marco

Island’s south end at Caxambas Pass. The

islands north of Big Marco Pass are within

the Rookery Bay CARL acquisition project.

Unit FL–28: Marquesas Keys. 20.5 km (12.7

mi) of shoreline in Monroe County.

The unit comprises the roughly circular

atoll that encloses Mooney Harbor, including

Gull Keys and Mooney Harbor Key. The

entire unit is within Key West National

Wildlife Refuge.

Unit FL–29: Boca Grande/Woman/Ballast

Keys. 8.8 km (5.5 mi) of shoreline in

Monroe County.

Boca Grande and Woman Keys, east of the

Marquesas Keys, are within Key West

National Wildlife Refuge. Ballast Key is

privately owned.

Unit FL–30: Bahia Honda/Ohio Keys. 12.1

km (7.5 mi) of shoreline in Monroe

County.

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41789

This unit comprises Bahia Key (including

a small island off its southwest shore), which

is almost entirely owned by Bahia Honda

State Park, plus Ohio Key, which is privately

owned.

Unit FL–31: Lower Matecumbe Key. 3.4 km

(2.1 mi) of shoreline in Monroe County.

Part of the unit is at Sea Oats Beach, owned

by the Village of Islamorada. The remaining

is at Ann’s Beach.

Unit FL–32: Sandy Key/Carl Ross Key. 2.5

km (1.6 mi) of shoreline in Monroe

County.

This unit consists of two adjoining islands

in Florida Bay, roughly south of Flamingo in

Everglades National Park. The entire area is

owned and managed by the National Park

Service.

Unit FL–33: St. Lucie Inlet. 4.1 km (2.6 mi)

of shoreline in Martin County.

The unit includes a small area on the north

shore of St. Lucie Inlet. The great majority of

the unit is on the inlet’s south side, including

Saint Lucie Inlet State Preserve, which is

administered by Jonathan Dickinson State

Park.

Unit FL–34: Ponce de Leon Inlet. 3.4 km (2.2

mi) of shoreline in Volusia County.

The majority of the unit is within Smyrna

Dunes Park and Lighthouse Point Park. This

unit extends on either side of the inlet.

Unit FL–35: Huguenot. 25.1 km (15.5 mi) of

shoreline in Nassau and Duval Counties.

The majority of the unit is within Big

Talbot Island State Park, Little Talbot Island

State Park, and the Tinucuan Ecological and

Historical Preserve. This unit extends from

the Simpson Creek inlet to the inlet of the St.

Johns River.

Unit FL–36: Tiger Islands. 4.8 km (3.0 mi) of

shoreline in Nassau County.

The entire unit is privately owned. This

unit extends the northern tip of Tiger Island

running southeast along the Cumberland

Sound side of Tiger and Little Tiger Islands

including the mouth of Tiger Creek.

Alabama

Unit AL–1: Isle Aux Herbes. 13.3 km (8.3 mi)

of shoreline in Mobile County.

This unit includes Mississippi Sound

shoreline on Isle Aux Herbes and is Stateowned.

Unit AL–2: Dauphin, Little Dauphin, and

Pelican Islands. 77.8 km (48.3 mi) of

shoreline in Mobile County.

This unit includes areas of Mississippi

Sound, Mobile Bay, and Gulf of Mexico

shoreline on Dauphin, Little Dauphin, and

Pelican Islands. The area is mostly privately

owned but includes State and Federal lands.

Unit AL–3: Fort Morgan. 2.82 km (1.7 mi) of

shoreline in Baldwin County.

This area includes Mobile Bay and Gulf of

Mexico shorelines within Bon Secour

National Wildlife Refuge, Fort Morgan Unit.

This unit extends from the west side of the

pier on the northwest point of the peninsula,

following the shoreline southwest around the

tip of the peninsula, then east to the terminus

of the beach access road. The area is Stateowned but is leased by the Federal

Government.

Mississippi

Unit MS–1: Lakeshore through Bay St. Louis.

14.6 km (9.1 mi) of shoreline in Hancock

County.

This unit extends from the north side of

Bryan Bayou outlet and includes the shore of

the Mississippi Sound following the

shoreline northeast to the southeast side of

the Bay Waveland Yacht Club. The shoreline

of this unit is privately owned.

Unit MS–2: Henderson Point. 4.3 km (2.7 mi)

of shoreline in Harrison County.

This unit extends from 0.2 km (0.13 mi)

west of the intersection of 3rd Avenue and

Front Street and includes the shore of the

Mississippi Sound following the shoreline

northeast to the west side of Pass Christian

Harbor. The shoreline of this unit is privately

owned.

Unit MS–3: Pass Christian. 10.6 km (6.6 mi)

of shoreline in Harrison County.

This unit extends from the east side of Pass

Christian Harbor and includes the shore of

the Mississippi Sound following the

shoreline northeast to the west side of Long

Beach Pier and Harbor. The shoreline of this

unit is privately owned.

Unit MS–4: Long Beach. 4.4 km (2.7 mi) of

shoreline in Harrison County.

This unit extends from the east side of

Long Beach Pier and Harbor and includes the

shore of the Mississippi Sound following the

shoreline northeast to the west side of

Gulfport Harbor. The shoreline of this unit is

privately owned.

Unit MS–5: Gulfport. 4.3 km (2.7 mi) of

shoreline in Harrison County.

This unit extends from the east side of

Gulfport Harbor and includes the shore of the

Mississippi Sound following the shoreline

northeast to the west side of the groin at the

southern terminus of Courthouse Road,

Mississippi City, MS. The shoreline of this

unit is privately owned.

Unit MS–6: Mississippi City. 8.1 km (5.0 mi)

of shoreline in Harrison County.

This unit extends from the east side of the

groin at the southern terminus of Courthouse

Road, Mississippi City, MS, and includes the

shore of the Mississippi Sound following the

shoreline northeast to the west side of

President Casino. The shoreline of this unit

is privately owned.

Unit MS–7: Beauvoir. 0.6 km (0.4 mi) of

shoreline in Harrison County.

This unit extends from the east side of

President Casino Broadwater and includes

the shore of the Mississippi Sound following

the shoreline eastward to the west side of

Treasure Bay Casino Resort. The shoreline of

this unit is privately owned.

Unit MS–8: Biloxi West. 5.9 km (3.7 mi) of

shoreline in Harrison County.

This unit extends from the east side of

Treasure Bay Casino Resort and includes the

shore of the Mississippi Sound following the

shoreline east to the intersection of Interstate

110 and U.S. 90. The shoreline of this unit

is privately owned.

Unit MS–9: Biloxi East. 1.5 km (0.9 mi) of

shoreline in Harrison County.

This unit extends from the east side of

Biloxi Harbor and includes the shore of the

Mississippi Sound following the shoreline

east to 0.1 km west of the intersection of Oak

Street and Beach Boulevard. The shoreline of

this unit is privately owned.

Unit MS–10: Ocean Springs West. 1.9 km (1.2

mi) of shoreline in Jackson County.

This unit extends from U.S. 90 and

includes the shore of Biloxi Bay following

the shoreline southeast to the Ocean Springs

Harbor inlet The shoreline of this unit is

privately owned.

Unit MS–11: Ocean Springs East. 2.6 km (1.6

mi) of shoreline in Jackson County.

This unit extends from Weeks Bayou and

includes the shore of Biloxi Bay following

the shoreline southeast to Halstead Bayou.

The shoreline of this unit is privately owned.

Unit MS–12: Deer Island. 14.6 km (9.1 mi) of

shoreline in Harrison County.

The entire unit is on Deer Island. This unit

includes privately owned Mississippi Sound

shoreline.

Unit MS–13: Round Island. 2.6 km (1.6 mi)

of shoreline in Jackson County.

This unit includes privately owned

Mississippi Sound shoreline.

Unit MS–14: Mississippi Barrier Islands.

130.5 km (81.1 mi) of shoreline in

Harrison and Jackson Counties.

This unit includes shoreline of the

Mississippi Sound and Gulf of Mexico on

Cat, East and West Ship, Horn, Spoil and

Petit Bois Islands. Approximately 39.9 km

(24.8 mi) are privately owned, and 95.6 km

(59.4 mi) are part of Gulf Islands National

Seashore.

Unit MS–15: North and South Rigolets. 5.9

km (3.7 mi) of shoreline in Jackson

County, MS, and Mobile County, AL.

This unit extends from the southwestern

tip of South Rigolets Island and includes the

shore of Point Aux Chenes Bay, the

Mississippi Sound, and Grand Bay following

the shoreline east around the western tip,

then north to the South Rigolets Bayou; then

from the southeastern corner of North

Rigolets Island north to the northeastern most

point of the island. Approximately 4.3 km

(2.7 mi) are in Mississippi and 1.6 km (1.0

mi) are in AL. Almost half the Mississippi

shoreline length is in the Grand Bay National

Wildlife Refuge.

Louisiana

Unit LA–1: Texas/Louisiana border to eastern

Vermilion Parish line.186.9 km (116.1

mi) of shoreline in Cameron and

Vermilion Parishes.

This unit extends from the Texas/

Louisiana border and includes the shore of

the Gulf of Mexico following the shoreline

east to the eastern Vermilion Parish line.

Approximately 144.8 km (90.0 mi) are

privately owned, and 50.7 km (31.5 mi) are

part of the State-owned Rockefeller Wildlife

Refuge and Cheniere au’ Tigre.

Unit LA–2: Wax Lake Outlet and Atchafalaya

River Deltas. 35,178 ha (86,927 ac) in St.

Mary Parish, LA.

Approximately 78 percent of this unit is

part of the State-owned Atchafalaya Delta

Wildlife Management Area, with the rest in

private ownership. This unit contains various

habitats including open water, mudflat,

marsh, scrub-shrub, and forest. However, it

only contains approximately 1,728 hectares

41790 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

(4,270 acres) with the primary constituent

elements for wintering piping plovers.

Unit LA–3: Point Au Fer Island. 36.7 km

(22.8 mi) of shoreline in Terrebonne

Parish.

This unit extends from the small island at

the northwest tip of Point Au Fer Island,

follows the shoreline of Point Au Fer Island

southeast, and includes the shore of the Gulf

of Mexico following the shoreline southeast

to the western side of East Bay Junop. This

entire unit is privately owned.

Unit LA–4: Isles Dernieres. 60.7 km (37.7 mi)

of shoreline in Terrebonne Parish.

This unit comprises Caillou Bay, Lake

Pelto, and Gulf of Mexico shoreline on the

State-owned Isles Dernieres chain.

Unit LA–5: Timbalier Islands to Grand Terre

Islands. 134.1 km (83.3 mi) of shoreline

in Lafourche, Jefferson, and Plaquemines

Parishes.

This unit includes 108.8 km (67.6 mi) of

privately owned shoreline along West and

East Timbalier Islands, from Belle Pass to

Cheniere Caminada, Grand Isle, and Grand

Terre Island; and 25.3 km (15.7 mi) of Stateowned shoreline along West Timbalier,

Grand Isle State Park, and Grand Terre

Islands. Shoreline includes that of Caillou

Bay, Lake Pelto, and the Gulf of Mexico.

Unit LA–6: Mississippi River Delta. 262,730

ha (649,220 ac) in Plaquemines Parish,

LA.

This area contains various habitats

including open water, mudflat, marsh, scrubshrub, and forest. The federally owned Delta

National Wildlife Refuge and State-owned

Pass A Loutre Wildlife Management Area

comprise 81 percent of this unit. However, it

only contains approximately 1,728 hectares

(4,270 acres) with the primary constituent

elements for wintering piping plovers. The

area with the primary constituent elements is

approximately evenly divided among

Federal, State, and private ownership.

Unit LA–7: Breton Islands and Chandeleur

Island Chain. 132.9 km (82.6 mi) of

shoreline in Plaquemines and St.

Bernard Parishes, LA.

This unit includes shoreline of Breton

Sound, Chandeleur Sound, and Gulf of

Mexico on the Breton Islands and

Chandeleur Island chain. A total of 100.4 km

(62.4 mi) of shoreline are included in the

Breton National Wildlife Refuge, and 32.5 km

(20.2 mi) of shoreline is owned by the State.

Texas

Unit TX–1: South Bay and Boca Chica. 7,810

ha (9,575 ac) in Cameron County.

Approximately 3,875 ha (4,448 ac) of the

unit are owned and managed by the Lower

Rio Grande Valley National Wildlife Refuge.

Approximately 1, 375 ha (3,398 ac) of the

unit falls within the South Bay Coastal

Preserve, leased by the Texas General Land

Office (TGLO) to Texas Parks and Wildlife

Department for management to protect this

unique coastal area. In addition, the Texas

Parks and Wildlife Department owns and

manages 425 ha (1,050 ac) at Boca Chica

State Park. The remaining 2,135 ha (5,275 ac)

is privately owned and managed. Beaches

within the unit reach from the mouth of the

Rio Grande northward to Brazos Santiago

Pass, south of South Padre Island. The unit

includes areas from the Gulf of Mexico at the

Rio Grande, west to near Loma de las Vacas,

north to the Brownsville Ship Channel near

Loma Ochoa, and east to the Gulf of Mexico

along the Brownsville Ship Channel.

Unit TX–2: Queen Isabella Causeway. 37 ha

(91 ac) in Cameron County.

The area extends along the Laguna Madre

west of the city of South Padre Island and is

privately owned.

Unit TX–3: Padre Island. 104,550 ha (258,339

ac) in Cameron, Willacy, Kenedy, and

Kleberg Counties.

This unit is the largest in Texas.

Approximately 45 percent (46,450 ha

(114,776 ac)) of the unit is owned and

managed by Padre Island National Seashore

(PAIS). The TGLO owns and manages about

48 percent (48,900 ha (120,830 ac)), although

boundaries between the State-owned lands

and private lands are not always well

demarcated. The remaining 9,200 ha (22,733

ac) is privately owned with a significant

portion of that area being owned and

managed by The Nature Conservancy on

South Padre Island. The unit spans the

breadth of the island from the north end of

the City of South Padre Island to mile marker

30 on PAIS where the unit splits to include

only bayside flats and beach. This unit

probably harbors the single largest number of

wintering piping plovers.

Unit TX–4: Lower Laguna Madre Mainland.

15,555 ha (38,436 ac) in Cameron and

Willacy, Counties.

This unit constitutes important habitat

when flats on Unit TX–3 are inundated. It is

a unit with approximately 3,930 ha (9,711 ac)

within the Laguna Atascosa National Wildlife

Refuge. Approximately 3,855 ha (9,526 ac) is

privately owned, with the remaining 7,770 ha

(19,199 ac) owned and managed by the

TGLO. The unit constitutes a system of

mainland flats reaching from El Realito

Peninsula to an area south of the City of Port

Mansfield.

Unit TX–5: Upper Laguna Madre. 1,245 ha

(3,076 ac) in Kleberg County.

This unit includes 170 hectares (420 acres)

of PAIS and consists of a series of small flats

along the bayside of Padre Island in the

Upper Laguna Madre. The remainder of the

area is privately owned with adjacent Stateowned submerged lands. The unit stretches

from just south of the northern boundary of

PAIS to the Kleberg/Nueces County line and

includes the area from just gulfward of the

Gulf Intercoastal Waterway to uplands on

Padre Island.

Unit TX–6: Mollie Beattie Coastal Habitat.

935 ha (2,310 ac) in Nueces County.

This unit is primarily composed of

submerged land owned and managed by the

TGLO. Much of the unit falls within two

State tracts that have been designated under

a Memorandum of Understanding between

the U.S. Fish and Wildlife Service and the

TGLO as an Adopt-a-Habitat site. The unit

reaches from uplands on Mustang Island,

near State Highway 361, to just gulfward of

the Gulf Intercoastal Waterway, and from

Packery Channel on the south to just north

of Corpus Christi Pass on the north.

Approximately 54 ha (133 ac) is owned by

Nueces County. Approximately 117 ha (289

ac) of uplands are privately owned, and the

remaining 764 ha (1,888 ac) are owned and

managed by the TGLO.

Unit TX–7: Newport Pass/Corpus Christi Pass

Beach. 200 ha (494 ac) in Nueces County.

This unit is along a stretch of Gulf beach

approximately 8.5 km (5.3 mi) long.

Approximately 5.75 km (3.6 mi) are managed

by the Texas Parks and Wildlife Department

as part of Mustang Island State Park. The

remaining 2.75 km (1.7 mi) are leased from

the TGLO by Nueces County. The unit

stretches from near the entrance of Zahn

Road onto the beach to Fish Pass to the north.

Unit TX–8: Mustang Island Beach. 19.5 km

(12.1 mi) in Nueces County.

This is a stretch of Gulf beach between

Fish Pass in Mustang Island State Park to the

City of Port Arnasas, TX. Approximately 2.5

km (1.5 mi) fall within the State Park, and

the remaining 17 km (10.6 mi) are managed

by Port Aransas and Nueces County.

Unit TX–9: Fish Pass Lagoons. 175 ha (432

ac) in Nueces County.

This unit is a system of interior lagoons on

Mustang Island, within Mustang Island State

Park. This system of lagoons falls along either

side of Fish Pass and runs northeast to

southwest along an axis parallel to the main

axis of Mustang Island. The unit

encompasses flats approximately 1.0 km (0.6

mi) either side of Fish Pass.

Unit TX–10: Shamrock Island and Adjacent

Mustang Island Flats. 880 ha (2,174 ac)

in Nueces County.

This unit is made up of privately owned

land and adjacent State-owned submerged

lands. The Nature Conservancy is the

primary private landowner in the unit. The

unit encompasses Shamrock Island and

includes property gulfward to the entrance of

Wilson’s Cut, then southwest approximately

3.5 km (2.2 mi). It also includes flats along

the margin of lagoons interior to Mustang

Island, but adjacent and parallel to Corpus

Christi Bay.

Unit TX–11: Blind Oso. 31 ha (77 ac) in

Nueces County.

This unit occurs on flats of Oso Bay, from

Hans and Pat Suter Wildlife Refuge (owned

and managed by the City of Corpus Christi)

northeast to Corpus Christi Bay and then

southeast along the edge of Texas A&M

University—Corpus Christi. The entire unit

falls within State-owned submerged lands,

but is bordered on all sides by private

property.

Unit TX–12: Adjacent to Naval Air StationCorpus Christi. 88 ha (217 ac) in Nueces

County.

This unit also occurs within Oso Bay on

flats bordered by Naval Air Station-Corpus

Christ on the east. This unit consists of flats

near the entrance of Oso Bay to Corpus

Christi Bay. The unit occurs within Stateowned submerged lands, but is bordered by

Federal lands owned and managed by the

U.S. Navy.

Unit TX–13: Sunset Lake. 370 ha (914 ac) in

San Patricio County.

This unit is owned and managed by the

City of Portland within a system of city

parks. Some of the described area falls within

the jurisdiction of the TGLO. It includes two

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41791

city park units referred to as Indian Point and

Sunset Lake. Much of the unit is a recent

acquisition by the city, and management

considerations for the park include the area’s

importance as a site for wintering and

resident shorebirds. The area is bordered on

the northwest by State Highway 181 and on

the southeast by Corpus Christi Bay. To the

north, the unit is bordered by the City of

Portland and includes the remainder of the

peninsula, which follows along State

Highway 181.

Unit TX–14: East Flats. 520 ha (1,284 ac) in

Nueces County.

About 240 ha (593 ac) of the west end of

this unit falls within State-owned (TGLO)

submerged lands. The remainder of the unit

is privately owned. It is bordered on the

north by dredge placement areas bordering

the Corpus Christi Ship Channel, on the west

by Corpus Christi Bay, and on the east by the

City of Port Aransas. It is bisected by a

navigation channel.

Unit TX–15: North Pass. 710 ha (1,754 ac) in

Aransas County.

This unit is a washover system, primarily

on the privately owned San Jose Island. The

unit is bordered on the west by Aransas Bay,

just south of Mud Island, and it abuts the

beach unit TX–16 to the east. The unit

borders TX–16 for approximately 2.0 km (1.2

mi) and stretches landward (to the north and

west) to Aransas Bay.

Unit TX–16: San Jose Beach. 32.0 km (19.9

mi) of shoreline in Aransas County.

This unit occupies a stretch of beach on the

privately owned island of San Jose. The unit

stretches from the jetties on the south end of

San Jose Island, just north of Port Aransas,

to Cedar Bayou, where San Jose Island is

adjacent to Matagorda Island.

Unit TX–17: Allyn’s Bight. 109 ha (269 ac)

in Aransas County.

This unit is adjacent to and bordered on

the east by San Jose Island. It occurs south

of a section of the San Jose Island shoreline

known as Allyn’s Bight, at the northeast end

of Mud Island along the east margin of

Aransas Bay.

Unit TX–18: Cedar Bayou/Vinson Slough.

3,645 ha (9,007 ac) in Aransas County.

This unit abuts unit TX–17 on San Jose

Island and unit TX–19 on Matagorda Island.

It includes the highly dynamic area of Cedar

Bayou, the pass that separates San Jose Island

and Matagorda Island. This area includes a

small section of Matagorda Island National

Wildlife Refuge (approximately 43 ha (106

acres)) with much of the remaining 3,602 ha

(8,154 ac) occurring on the privately owned

island of San Jose. The unit is a band

adjacent to Aransas Bay, averaging

approximately 3.0 km (1.9 mi) wide and

stretching from Cedar Bayou to a point about

4.0 km (2.5 mi) south of Long Reef.

Unit TX–19: Matagorda Island Beach. 69.0

km (43.0 mi) of shoreline in Calhoun

County.

This stretch of beach on Matagorda Island

extends from Cedar Bayou on the southwest

(where it abuts TX–18), to Pass Cavallo on

the northeast. The unit falls entirely within

the boundary of the Matagorda Island

National Wildlife Refuge.

Unit TX–20: Ayres Point. 590 hectares (1,458

acres) in Calhoun County.

This unit includes marsh and flats at Ayres

Point on Matagorda Island National Wildlife

Refuge. The unit is on Ayres Point between

Shell Reef Bayou and Big Brundrett Lake.

Unit TX–21: Panther Point to Pringle Lake.

2,629 ha (6,496 ac) in Calhoun County.

This unit represents a narrow band of

habitats about 1.0 km (0.6 mi) wide that

stretches from Panther Point to the northwest

end of Pringle Lake. The unit is entirely

within Matagorda Island National Wildlife

Refuge.

Unit TX–22: Decros Point. 905 ha (2,236 ac)

at the Matagorda/Calhoun County line.

This unit includes about 7.0 km (4.3 mi)

of Gulf beach habitat along the tip of

Matagorda Peninsula southwest of the

Matagorda Ship Channel. The adjacent

upland is privately owned.

Unit TX–23: West Matagorda Peninsula

Beach. 40.0 km (24.8 mi) of shoreline in

Matagorda County.

This unit extends from the jetties at the

Matagorda Ship Channel to the old Colorado

River channel. This beach is along private

lands.

Unit TX–24: West Matagorda Bay/Western

Peninsula Flats. 1,165 ha (2,879 ac) in

Matagorda County.

This unit is a series of flats, exposed at low

tide, along the bayside of Matagorda

Peninsula on the margin of West Matagorda

Bay. The peninsula is privately owned, and

this unit is one of two bayside flats that have

been identified on the peninsula. This is the

western-most of the two West Matagorda Bay

units.

Unit TX–25: West Matagorda Bay/Eastern

Peninsula Flats 430 ha (1,062 ac) in

Matagorda County.

This unit is the eastern-most of two units

on the bayside of West Matagorda Bay along

Matagorda Peninsula. The peninsula along

which this unit is located is privately owned.

Unit TX–26: Colorado River Diversion Delta.

455 ha (1,124 ac) in Matagorda County.

This unit consists of flats that have formed

in the northeast corner of West Matagorda

Bay where the Colorado River empties into

the bay. It is State-owned.

Unit TX–27: East Matagorda Bay/Matagorda

Peninsula Beach West. 22.0 km (13.7 mi)

of shoreline in Matagorda County.

This unit is along Gulf beach on the

Matagorda Peninsula southeast of East

Matagorda Bay. It stretches from the old

Colorado River channel northeast along the

peninsula.

Unit TX–28: East Matagorda Bay/Matagorda

Peninsula Beach East. 9.5 km (5.9 mi) of

shoreline in Matagorda County.

This unit runs along the Gulf beach on the

northeast end of Matagorda Peninsula from

southeast of Brown Cedar Cut to a point on

the beach southeast of Carancahua Bend. It

is a beach adjacent to private land.

Unit TX–29: Brown Cedar Cut. 270 ha (667

ac) in Matagorda County.

This is a unit on the bayside of Matagorda

Peninsula in East Matagorda Bay. It occurs

along privately owned land. It encompasses

the flats associated with Brown Cedar Cut

and abuts unit TX–28 to the southeast.

Unit TX–30: Northeast Corner East

Matagorda Bay. 245 ha (605 ac) in

Matagorda County.

This is a unit in the northeast corner of

East Matagorda Bay. It is a system of flats

associated with tidal channels near the

Intracoastal Waterway. It abuts unit TX–28 to

the southeast.

Unit TX–31: San Bernard NWR Beach. 14.0

km (8.7 mi) of shoreline in Matagorda

and Brazoria Counties.

This is a unit composed of Gulf beach, 8.0

km (5.0 mi) of which lies within San Bernard

National Wildlife Refuge. The unit stretches

from the mouth of the San Bernard River to

a point along the beach approximately 14.0

km (8.7 mi) to the southwest.

Unit TX–32: Gulf Beach Between Brazos and

San Bernard Rivers. 9.0 km (5.6 mi) of

shoreline in Brazoria County.

This unit is a stretch of Gulf beach between

the Brazos River and the San Bernard River.

Unit TX–33: Bryan Beach and Adjacent

Beach. 6.0 km (3.7 mi) of shoreline in

Brazoria County.

Part of this unit of Gulf beach lies within

the Bryan Beach unit of the Peach Point

Wildlife Management Area and is owned and

managed by the Texas Parks and Wildlife

Department.

Unit TX–34: San Luis Pass. 6.0 km (3.7 mi)

of shoreline near the Brazoria/Galveston

County line.

This unit is associated with the floodtide

delta at San Luis Pass and includes Gulf

beach and extensive sand flats associated

with the pass. Approximately 57 percent of

the unit includes flats in the floodtide delta,

which are State-owned and managed by the

TGLO. Much of the remainder of the unit is

owned by the TGLO, but managed by local

government. The unit includes the floodtide

delta northwest of the causeway, as well as

a 6.0-km (3.7-mi) stretch of beach starting at

the causeway and running northeast along

the Gulf.

Unit TX–35: Big Reef. 3.0 km (1.9 mi) of

shoreline in Galveston County.

This unit is on the southwest side of

Bolivar Roads, on the north end of the City

of Galveston. It is made up of approximately

85 ha (210 ac) of beach along the inlet and

associated sand flats. The area is currently

managed by the City of Galveston, and much

of the site is under a conservation agreement

to further protection of the resources at the

site.

Unit TX–36: Bolivar Flats. 670 ha (1,655 ac)

in Galveston County.

This unit of flats was formed by accretion

behind the jetties at Bolivar Roads near the

tip of Bolivar Peninsula. The unit stretches

from the jetties on the southwest to a point

on the Gulf beach just north of Beacon

Bayou. It includes almost 5.0 km of Gulf

shoreline. The area is leased from TGLO by

Houston Audubon Society and managed for

its important avian resources. This unit also

includes one of two Western Hemisphere

Shorebird Reserve Network sites in Texas.

Unit TX–37: Rollover Pass. 290 ha (717 ac)

in Galveston County.

This unit is on the bayside of Rollover Bay

on Bolivar Peninsula. It includes flats on

State-owned land managed by the TGLO.

41792 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

Effects of Critical Habitat Designation

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

Federal agencies, including the Service,

to ensure that actions they fund,

authorize, or carry out do not destroy or

adversely modify critical habitat to the

extent that the action appreciably

diminishes the value of the critical

habitat for the survival and recovery of

the species. When multiple units of

critical habitat are designated, each unit

may serve as the basis of a jeopardy

analysis if protection of different facets

of the species’ life cycle or its

distribution are essential to the species

as a whole for both its survival and

recovery. 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) of the Act requires

Federal agencies to evaluate their

actions with respect to any species that

is proposed or listed as endangered or

threatened and with respect to its

critical habitat, if any is designated or

proposed. Regulations implementing

this interagency cooperation provision

of the Act are codified at 50 CFR part

402. Section 7(a)(4) 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 the agency in

eliminating conflicts that may be caused

by the proposed action. The

conservation recommendations in a

conference report are advisory.

We may issue a formal conference

report if requested by a Federal agency.

Formal conference reports on proposed

critical habitat contain a biological

opinion that is prepared according to 50

CFR 402.14, as if critical habitat were

designated. We may adopt the formal

conference report as a biological

opinion if the critical habitat is

designated, if no significant new

information or changes in the action

alter the content of the opinion (see 50

CFR 402.10(d)).

If a species is listed or critical habitat

is designated, section 7(a)(2) 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 must enter

into consultation with us. Through this

consultation, we would advise the

agencies whether the permitted actions

would likely jeopardize the continued

existence of the species or adversely

modify critical habitat.

When 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 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 in 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 conferencing 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.

Activities on private or State lands

requiring a permit from a Federal

agency, such as a permit from the U.S.

Army Corps of Engineers (USACE)

under section 404 of the Clean Water

Act or a section 10(a)(1)(B) permit from

the Service, or some other Federal

action, including funding (e.g., from the

Federal Highway Administration (FHA),

Environmental Protection Agency

(EPA), or Federal Emergency

Management Agency (FEMA)), will also

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

consultation.

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

to briefly evaluate and describe in any

proposed or final regulation that

designates critical habitat those

activities involving a Federal action that

may destroy or 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 the wintering

piping plover is appreciably reduced.

We note that such activities may also

jeopardize the continued existence of

the species.

Federal activities that have undergone

previous section 7 consultation on the

effects of the action on wintering piping

plover habitat are listed below. The

action agencies involved in these

consultations have included the

USACE, U.S. Coast Guard, and other

Department of Defense agencies,

National Park Service, FHA, Minerals

Management Service, Bureau of Land

Management, Federal Energy Regulatory

Commission, and others.

(1) Dredging and dredge spoil

placement;

(2) Seismic exploration;

(3) Construction and installation of

facilities, pipelines, and roads

associated with oil and gas

development;

(4) Oil and other hazardous material

spills and cleanup;

(5) Construction of dwellings, roads,

marinas, and other structures, and

associated activities including staging of

equipment and materials;

(6) Beach nourishment, cleaning, and

stabilization (e.g., construction and

maintenance of jetties and groins,

planting of vegetation, and placement of

dune fences);

(7) Certain types and levels of

recreational activities, such as vehicular

activity that impacts the substrate

resulting in reduced prey or disturbance

to the species;

(8) Stormwater and wastewater

discharge from communities;

(9) Sale, exchange, or lease of Federal

land that contains suitable habitat that

may result in the habitat being altered

or degraded;

(10) Marsh and coastal restoration,

particularly restoration of barrier islands

and other barrier shorelines;

(11) Military missions; and

(12) Bridge or culvert construction,

reconstruction, and stabilization.

With the designation of critical

habitat for wintering piping plovers, we

would notify the USACE, other

permitting agencies, and the public that

Clean Water Act section 404 nationwide

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41793

permits and other authorizations for

activities within these designated

critical habitat areas must comply with

section 7 consultation requirements. For

each section 7 consultation, we already

review the direct and indirect effects of

the proposed projects on piping plovers,

and will continue to do so for critical

habitat if it is designated.

Activities that may destroy or

adversely modify critical habitat are

those that alter the primary constituent

elements (defined above) to an extent

that the value of critical habitat for both

the survival and recovery of the piping

plover is appreciably reduced. These

activities may destroy or adversely

modify critical habitat by:

(1) Significantly and detrimentally

altering the hydrology of tidal flats;

(2) Significantly and detrimentally

altering inputs of sediment and

nutrients necessary for the maintenance

of geomorphic and biologic processes

that insure appropriately configured and

productive systems;

(3) Introducing significant amounts of

emergent vegetation (either through

actions such as marsh restoration on

naturally unvegetated sites, or through

changes in hydrology such as severe

rutting or changes in storm or

wastewater discharges);

(4) Significantly and detrimentally

altering the topography of a site (such

alteration may affect the hydrology of an

area or may render an area unsuitable

for roosting);

(5) Reducing the value of a site by

significantly disturbing plovers from

activities such as foraging and roosting

(sources of such disturbance may

include elevated levels of human

presence);

(6) Significantly and detrimentally

altering water quality, which may lead

to decreased diversity or productivity of

prey organisms or may have direct

detrimental effects on piping plovers (as

in the case of an oil spill); and

(7) Impeding natural processes that

create and maintain washover passes

and sparsely vegetated intertidal feeding

habitats.

Requests for copies of the regulations

on listed wildlife and inquiries about

prohibitions and permits may be

addressed to the U.S. Fish and Wildlife

Service, P.O. Box 1306, Albuquerque,

New Mexico 87103–1306. If you have

questions regarding whether specific

activities will constitute adverse

modification of critical habitat, the

following Fish and Wildlife Service

personnel may be contacted:

Alabama: Darren LeBlanc (334/441–

5181)

Florida: Patty Kelly (850/769–0552,

extension 228)

Georgia: Robert Brooks (912/265–9336,

extension 25)

Louisiana: Debbie Fuller (337/291–

3124)

Mississippi: Linda LaClaire (601/321–

1126)

North Carolina: Kevin Moody (919/856–

4520, extension 19)

South Carolina: Paula Sisson (843/727–

4707, extension 18)

Texas: Lee Elliott (361/994–9005,

extension 227)

Relationship to Incidental Take Permits

Issued Under Section 10

Section 10(a) of the Act authorizes us

to issue permits for the taking of listed

species incidental to otherwise lawful

activities. Incidental take permit

applications must be supported by a

habitat conservation plan (HCP) that

identifies conservation measures that

the permittee agrees to implement for

the species to minimize and mitigate the

impacts of the requested incidental take.

Currently, no approved HCPs cover the

wintering plover or its habitat.

In the event that HCPs covering the

wintering piping plover are developed

in the future within the proposed

critical habitat, we will work with

applicants to ensure the HCPs provide

for protection and management of

habitat areas essential for the

conservation of the piping plover, while

directing development and habitat

modification to nonessential areas of

lower habitat value. The HCP

development process provides an

opportunity for more intensive data

collection and analysis regarding the

use of particular habitat areas by the

piping plover. The process also enables

us to conduct detailed evaluations of the

importance of such lands to the longterm survival of the species. We fully

expect that HCPs undertaken by local

jurisdictions (e.g., townships, counties)

and other parties will identify, protect,

and provide appropriate economic

impacts of designating these areas as

critical habitat prior to a final

determination. When completed, we

will announce the availability of the

draft economic analysis with a notice in

the Federal Register, and we will open

a 30-day comment period at that time.

American Indian Tribal Rights,

Federal—Tribal Trust Responsibilities,

and the Endangered Species Act

In accordance with the Presidential

Memorandum of April 29, 1994, we are

required to assess the effects of critical

habitat designation on tribal lands and

tribal trust resources. No tribal lands are

proposed for designation as critical

habitat, and no effects on tribal trust

resources are anticipated if this proposal

is made final.

Public Comments Solicited

We intend that any final action

resulting from this proposal will be as

accurate and as effective as possible.

Therefore, we solicit comments or

suggestions from the public, other

concerned governmental agencies,

Native American Tribes, the scientific

community, industry, or any other

interested party concerning this

proposed rule. We particularly seek

comments 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

benefits of designating areas as critical

habitat will outweigh the benefits of

excluding areas from the designation;

2. Specific information on the

numbers and distribution of wintering

piping plovers and what habitat is

essential to the conservation of the

species and why;

3. Information on specific

characteristics of habitats essential to

the conservation of the piping plover on

its wintering grounds;

4. Land use practices and current or

planned activities in the subject areas

and their possible impacts on proposed

critical habitat;

5. Any foreseeable economic or other

impacts resulting from the proposed

designation of critical habitat—in

particular, any impacts on small entities

or families; and,

6. Economic and other values

associated with designating critical

habitat for the wintering population of

piping plover, such as those derived

from nonconsumptive uses (e.g., hiking,

camping, birdwatching, enhanced

watershed protection, improved air

quality, and ‘‘existence values’’).

Additionally, we are seeking

comments on critical habitat

designation relative to future HCPs.

Future conservation planning efforts

may occur within the range of the

piping plover in areas we are proposing

as critical habitat. We invite comments

on the appropriateness of the following

alternative approaches we are

considering regarding critical habitat

designations within the boundaries of

future approved HCPs upon issuance of

section 10(a)(1)(B) permits for the

piping plover.

(1) Retain critical habitat designation

within the HCP boundaries and use the

section 7 consultation process on the

issuance of the incidental take permit to

ensure that any take we authorize will

not destroy or adversely modify critical

habitat;

41794 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

(2) Revise the critical habitat

designation upon approval of the HCP

and issuance of the section 10(a)(1)(B)

permit to retain only preserve areas, on

the premise that they encompass areas

essential for the conservation of the

species within the HCP area and require

special management and protection in

the future. Assuming that we conclude,

at the time an HCP is approved and the

associated incidental take permit is

issued, that the plan protects those areas

essential to the conservation of the

piping plover, we would revise the

critical habitat designation to exclude

areas outside the reserves, preserves, or

other conservation lands established

under the plan. Consistent with our

listing program priorities, we would

publish a proposed rule in the Federal

Register to revise the critical habitat

boundaries;

(3) As in (2) above, retain only

preserve lands within the critical habitat

designation, on the premise that they

encompass areas essential for

conservation of the species within the

HCP area and require special

management and protection in the

future. However, under this approach,

the exclusion of areas outside the

preserve lands from critical habitat

would occur automatically upon

issuance of the incidental take permit.

The public would be notified and have

the opportunity to comment on the

boundaries of the preserve lands and the

revision of designated critical habitat

during the public review and comment

process for HCP approval and

permitting;

(4) Remove designated critical habitat

entirely from within the boundaries of

an HCP when the plan is approved

(including preserve lands), on the

premise that the HCP establishes longterm commitments to conserve the

species and no further special

management or protection is required.

Consistent with our listing program

priorities, we would publish a proposed

rule in the Federal Register to revise the

critical habitat boundaries; or

(5) Remove designated critical habitat

entirely from within the boundaries of

HCPs when the plans are approved

(including preserve lands), on the

premise that the HCP establishes longterm commitments to conserve the

species and no additional special

management or protection is required.

This exclusion from critical habitat

would occur automatically upon

issuance of the incidental take permit.

The public would be notified and have

the opportunity to comment on the

revision of designated critical habitat

during the public notification process

for HCP approval and permitting.

Our practice is to make comments we

receive on this rulemaking, including

names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address 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 a respondent’s identity, as

allowable by law. If you wish for us to

withhold your name and/or address,

you must state this request prominently

at the beginning of your comments.

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.

Peer Review

In accordance with our policy

published on July 1, 1994 (59 FR

34270), we will seek the expert opinions

of at least three appropriate and

independent specialists regarding this

proposed rule. The purpose of such

review is to ensure listing decisions are

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. We

will invite these peer reviewers to

comment, during the comment period,

on the specific assumptions and

conclusions regarding the proposed

designation of critical habitat.

We will consider all comments and

information received during the 60-day

comment period on this proposed rule

during preparation of a final

rulemaking. Accordingly, the final

decision may differ from this proposal.

Clarity of the Rule

Executive Order 12866 requires each

agency to write regulations/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 language or jargon that

interferes with the clarity? (3) Does the

format of the proposed rule (grouping

and order of sections, use of headings,

paragraphing, etc.) 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

the proposed rule easier to understand?

Send a copy of any comments that

concern 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: Execsec@ios.doi.gov.

Public Hearings

The Act provides for one or more

public hearings on this proposal, if

requested. Given the large geographic

extent covered by this proposal, the

high likelihood of multiple requests,

and the need to publish a final

determination by September 30, 2000,

we have scheduled nine public hearings

at the following addresses on the dates

indicated.

1. Wilmington, North Carolina, on

July 17, 2000, Roland-Brise Middle

School, 4412 Lake Avenue.

2. Savannah, Georgia, on July 19,

2000, at Savannah Technical Institute,

5717 White Bluff Road.

3. Tallahassee, Florida, on July 21,

2000, at Dale Mabry Conference Center

(Tallahassee Airport), 3300 Capital

Circle Southwest, Suite 1.

4. Fort Myers, Florida, on July 24,

2000, at Fort Myers Convention

Complex, 1375 Monroe Street.

5. Mobile, Alabama, on July 26, 2000,

at Ramada Plaza Hotel and Conference

Center, 600 South Beltline Highway.

6. Baton Rouge, Louisiana, on July 27,

2000, at The Pennington Center, 6400

Perkins Road.

7. Galveston, Texas, on July 31, 2000,

at Texas A & M University at Galveston,

200 Seawolf Parkway, Pelican Island

Campus Auditorium—Building 3007.

8. Corpus Christi, Texas, on August 2,

2000, at Texas A & M University at

Corpus Christi, Student Center

Ballroom, 6300 Ocean Drive.

9. McAllen, Texas, on August 4, 2000,

at McAllen Civic Center Auditorium,

1300 10th Street.

Written comments submitted during

the comment period receive equal

consideration with those comments

presented at a public hearing.

Required Determinations

Regulatory Planning and Review

In accordance with the criteria in

Executive Order 12866, this rule is a

significant regulatory action and has

been reviewed by the Office of

Management and Budget (OMB).

(a) This rule will not have an annual

economic effect of $100 million or more,

or adversely affect an economic sector,

productivity, jobs, the environment, or

other units of government.

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41795

(b) This rule will not create

inconsistencies with other agencies’

actions. Federal agencies have been

required to ensure that their actions do

not jeopardize the continued existence

of the piping plover since listing in

1985. As shown in Table 3 (below), no

additional effects on agency actions are

anticipated to result from critical habitat

designation. Because of the potential for

impacts on other Federal agency

actions, we will continue to review this

proposed action for any inconsistencies

with other Federal agency actions.

Categories of activities Activities potentially affected by species listing only 1

Additional activities potentially

affected by critical habitat designation 2

Federal activities potentially affected 3.Activities such as removing or destroying piping plover wintering habitat, whether by mechanical,

chemical, or other means (e.g., construction, road building, dredging and other navigation

projects, boat launch and marina construction or maintenance, beach nourishment, erosion control); recreational activities that significantly deter the use of suitable habitat areas by piping

plovers or alter habitat through associated maintenance activities; sale, exchange or lease of

Federal land that contains suitable habitat that may result in the habitat being destroyed or appreciably degraded.

None.

Private and other nonFederal activities potentially affected 4.Activities such as removing or destroying piping plover habitat, whether by mechanical, chemical,

or other means (e.g., construction, road building, dredging and other navigation projects, boat

launch and marina construction or maintenance, beach nourishment, erosion control) and appreciably decreasing habitat value or quality (e.g., increased vehicular activity on sensitive habitats, increased predators, reduced water quality, modified hydrology) that require a Federal action (permit, authorization, or funding).

None.

1This column represents the activities potentially affected by listing the piping plover as a threatened species (December 11, 1985; 50 FR

50720) under the Endangered Species Act. 2This column represents the effects on activities resulting from critical habitat designation beyond the effects attributable to the listing of the

species. 3Activities initiated by a Federal agency.

4Activities initiated by a private or other non-Federal entity that may need Federal authorization or funding.

(c) The proposed rule, if made final,

will not significantly impact

entitlements, grants, user fees, loan

programs, or the rights and obligations

of their recipients. Federal agencies are

currently required to ensure that their

activities do not jeopardize the

continued existence of the species, and

we do not anticipate that the adverse

modification prohibition (resulting from

critical habitat designation) will have

any incremental effects.

(d) This rule will not raise novel legal

or policy issues. The proposed rule

follows the requirements for

determining critical habitat contained in

the Endangered Species Act.

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

et seq.)

In the economic analysis (under

section 4 of the Act), we will determine

whether designation of critical habitat

will have a significant effect on a

substantial number of small entities. As

discussed under Regulatory Planning

and Review above, this rule is not

expected to result in any restrictions in

addition to those currently in existence.

Small Business Regulatory Enforcement

Fairness Act (5 U.S.C. 804(2))

In the 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.

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.):

a. This rule will not ‘‘significantly or

uniquely’’ affect small governments. A

Small Government Agency Plan is not

required. Small governments will be

affected only to the extent that any

programs involving Federal funds,

permits, or other authorized activities

must ensure that their actions will not

adversely affect the critical habitat.

b. This rule will not produce a

Federal mandate on State, local, or tribal

governments or the private sector of

$100 million or greater in any year, i.e.,

it is not a ‘‘significant regulatory action’’

under the Unfunded Mandates Reform

Act. The designation of critical habitat

imposes no obligations on State or local

governments.

Takings

In accordance with Executive Order

12630, this rule does not have

significant takings implications, and a

takings implication assessment is not

required. This proposed rule, if made

final, will not ‘‘take’’ private property.

The designation of critical habitat

affects only Federal agency actions.

Federal actions on private lands could

be affected by critical habitat

designation, however, we expect no

regulatory effect from this designation

since all proposed areas are considered

occupied by the species and would be

reviewed under both the jeopardy and

adverse modification standards under

section 7 of the Act.

The rule will not increase or decrease

the current restrictions on private

property concerning taking of the piping

plover as defined in section 9 of the Act

and its implementing regulations (50 FR

17.31). Additionally, critical habitat

designation does not preclude

development of habitat conservation

plans and issuance of incidental take

permits. Landowners in areas that are

included in the designated critical

habitat will continue to have

opportunity to utilize their property in

ways consistent with the survival of the

piping plover.

Federalism

In accordance with Executive Order

13132, the rule does not have significant

Federalism effects. A Federalism

assessment is not required. In keeping

with Department of the Interior and

Department of Commerce policy, the

Service requested information from and

coordinated development of this critical

habitat proposal with appropriate State

resource agencies in North Carolina,

South Carolina, Georgia, Florida,

41796 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

Alabama, Mississippi, Louisiana, and

Texas. We will continue to coordinate

any future designation of critical habitat

for wintering piping plovers with the

appropriate State agencies. The

designation of critical habitat for the

piping plover is not expected to result

in any additional restrictions to those

currently in place and, therefore, no

incremental impact on State and local

governments and their activities are

expected. 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, doing so 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 Department of the Interior’s

Office of the Solicitor determined that

this rule does not unduly burden the

judicial system and meets the

requirements of sections 3(a) and 3(b)(2)

of the Order. The Office of the Solicitor

will review the final determination for

this proposal. We will make every effort

to ensure that the final determination

contains no drafting errors, provides

clear standards, simplifies procedures,

reduces burden, and is clearly written

such that litigation risk is minimized.

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.)

This rule does not contain any

information collection requirements for

which Office of Management and

Budget approval under the Paperwork

Reduction Act is required.

National Environmental Policy Act

We have determined that we do not

need to prepare an Environmental

Assessment or an Environmental Impact

Statement as defined by the National

Environmental Policy Act of 1969 in

connection with regulations adopted

pursuant to section 4(a) of the Act. We

published a notice outlining our reasons

for this determination in the Federal

Register on October 25, 1983 (48 FR

49244).

References Cited

A complete list of all references cited

in this proposed rule is available upon

request from the Corpus Christi

Ecological Services Field Office (see

ADDRESSES section).

Author: The primary author of this

proposed rule is Lee Elliott (see

ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Proposed Regulation Promulgation

Accordingly, we propose to amend

part 17, subchapter B of chapter I, title

50 of the Code of Federal Regulations as

set forth below:

PART 17—[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. Amend § 17.11(h), by revising the

entries for ‘‘Plover, piping’’ under

‘‘BIRDS’’ to read as follows:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range Vertebrate population where

endangered or threatened Status Whenlisted

Critical

habitat

Special

Common rules

name

Scientific

name

*******

BIRDS

*******

Plover, piping.Charadrius

melodus.

U.S.A. (Great Lakes, northern

Great Plains, Atlantic and Gulf

coasts, PR, VI), Canada, Mexico, Bahamas, West Indies.

Great Lakes, watershed in States

of IL, IN, MI, MN, NY, OH, PA,

and WI and Canada (Ont.).

E 211 17.95(b) NA

Do ............. ......do ....... ......do ............................................. Entire, except those areas where

listed as endangered above.

T 211 17.95(b) NA

*******

3. Section § 17.95(b) is amended by

adding critical habitat for the piping

plover (Charadrius melodus) in the

same alphabetical order as the species

occurs in § 17.11(h) to read as follows:

§ 17.95 Critical habitat—fish and wildlife.

* * * * *

(b) Birds.

* * * * *

PIPING PLOVER (Charadrius melodus)

Wintering Habitat

North Carolina

Projection: Universal Transverse Mercator,

Zone 18.

Unit NC–1: Oregon Inlet.

This unit begins at UTM 451322 E,

3960070 N; thence to 451524 E, 3962634 N;

to 454314 E, 3957376 N; to 453728 E,

3957048 N; to 452375 E, 3956783 N; to

449753 E, 3960026 N; to 449962 E, 3961442

N; to 450213 E, 3961972 N; to 451524 E,

3962634 N; and thence to point of beginning.

Unit NC–2: Cape Hatteras Point.

This unit begins at UTM 449759 E,

3898487 N; to 446066 E, 3899834 N; to

448394 E, 3899965 N; to 451219 E, 3899573

N; to 451899 E, 3900148 N; to 452317 E,

3901273 N; to 452893 E, 3902424 N; to

453494 E, 3902502 N; to 452422 E, 3896669

N; to 445988 E, 3898736 N; to 446066 E,

3899834 N; and thence to point of beginning.

Unit NC–3: Clam Shoals.

This unit begins at UTM 439959 E,

3906625 N; to 438429 E, 3905876 N; to

438429 E, 3907210 N; to 441489 E, 3907210

N; to 441489 E, 3905876 N; to 438429 E,

3905876 N; and thence to point of beginning.

Unit NC–4: Hatteras Inlet.

This unit begins at UTM 431685 E,

3895385 N; to 436885 E, 3895920 N; to

429801 E, 3892916 N; to 428187 E, 3892804

N; to 427649 E, 3895337 N; to 430519 E,

3896772 N; to 433702 E, 3896436 N; to

435832 E, 3897400 N; to 436885 E, 3895920

N; and thence to point of beginning.

Unit NC–5: Ocracoke Island.

This unit begins at UTM 410472 E,

3883720 N; to 413103 E, 3884856 N; to

408678 E, 3881291 N; to 408021 E, 3882226

N; to 408931 E, 3883541 N; to 412648 E,

3885615 N; to 413103 E, 3884856 N; and

thence to point of beginning.

Unit NC–6: Portsmouth Island-Cape Lookout.

This unit begins at UTM 399950 E,

3877027 N; to 407108 E, 3880149 N; to

393159 E, 3869047 N; to 391260 E, 3871238

N; to 402580 E, 3883253 N; to 406415 E,

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41797

3881317 N; to 407108 E, 3880149 N; to

380912 E, 3859049 N; to 383021 E, 3861705

N; to 383324 E, 3861689 N; to 384154 E,

3860987 N; to 380661 E, 3857590 N; to

379959 E, 3856952 N; to 378348 E, 3855644

N; to 377630 E, 3856234 N; to 378061 E,

3857781 N; to 383021 E, 3861705 N; and

thence to point of beginning.

Unit NC–7: South Core Banks.

This unit begins at UTM 359081 E,

3831186 N; to 358149 E, 3834204 N; to

358494 E, 3833735 N; to 358322 E, 3831980

N; to 360298 E, 3832944 N; to 361311 E,

3832178 N; to 359483 E, 3827063 N; to

358569 E, 3827187 N; to 356666 E, 3832771

N; to 357580 E, 3834402 N; to 358149 E,

3834204 N; and thence to point of beginning.

Unit NC–8: Shackleford Banks.

This unit begins at UTM 349056 E,

3839547 N; to 347178 E, 3840900 N; to

348834 E, 3840554 N; to 351230 E, 3839961

N; to 351057 E, 3837812 N; to 348488 E,

3838454 N; to 346857 E, 3839245 N; to

347178 E, 3840900 N; to 359535 E, 3834955

N; to 357679 E, 3835020 N; to 358618 E,

3836082 N; to 359680 E, 3836206 N; to

360199 E, 3836601 N; to 360990 E, 3836305

N; to 361361 E, 3834847 N; to 360397 E,

3833191 N; to 359656 E, 3832845 N; to

357679 E, 3835020 N; and thence to point of

beginning.

Unit NC–9: Rachel Carson.

This unit begins at UTM 348538 E,

3842087 N; to 347179 E, 3843127 N; to

347530 E, 3842870 N; to 348126 E, 3842590

N; to 349050 E, 3842531 N; to 349611 E,

3842391 N; to 350897 E, 3842064 N; to

351388 E, 3842005 N; to 352136 E, 3841923

N; to 352171 E, 3841631 N; to 349938 E,

3840754 N; to 348033 E, 3841689 N; to

346314 E, 3841970 N; to 346115 E, 3842520

N; to 346501 E, 3842870 N; to 346899 E,

3842823 N; to 347179 E, 3843127 N; and

thence to point of beginning.

Unit NC–10: Bogue Inlet.

This unit begins at UTM 307283 E,

3836342 N; to 308198 E, 3835429 N; to

307936 E, 3834962 N; to 306961 E, 3835535

N; to 306535 E, 3836256 N; to 306912 E,

3837116 N; to 307264 E, 3837420 N; to

307936 E, 3837387 N; to 307993 E, 3836338

N; to 307477 E, 3835953 N; to 307895 E,

3835781 N; to 308198 E, 3835429 N; to

305430 E, 3835386 N; to 305339 E, 3836215

N; to 305970 E, 3836027 N; to 306387 E,

3835314 N; to 305699 E, 3834568 N; to

304642 E, 3834322 N; to 304347 E, 3835183

N; to 305142 E, 3836141 N; to 305339 E,

3836215 N; and thence to point of beginning.

Unit NC–11: Topsail.

This unit begins at UTM 253206 E,

3801594 N; to 255487 E, 3804759 N; to

256758 E, 3803655 N; to 250472 E, 3797537

N; to 249068 E, 3798774 N; to 254551 E,

3804491 N; to 255487 E, 3804759 N; and

thence to point of beginning.

Unit NC–12: Figure Eight Island.

This unit begins at UTM 244824 E,

3792914 N; to 245958 E, 3793023 N; to

245145 E, 3791715 N; to 244739 E, 3791397

N; to 244145 E, 3792625 N; to 243731 E,

3792934 N; to 243942 E, 3793658 N; to

245170 E, 3794097 N; to 245170 E, 3793446

N; to 245958 E, 3793023 N; and thence to

point of beginning.

Unit NC–13: Masonboro.

This unit begins at UTM 240385 E,

3785897 N; to 240260 E, 3786769 N; to

241454 E, 3785773 N; to 241220 E, 3785436

N; to 240173 E, 3784735 N; to 239186 E,

3785220 N; to 239524 E, 3786042 N; to

240164 E, 3786804 N; to 240260 E, 3786769

N; and thence to point of beginning.

Unit NC–14: Carolina Beach Inlet.

This unit begins at UTM 235019 E,

3778673 N; to 235018 E, 3778663 N; to

235012 E, 3778664 N; to 235027 E, 3778695

N; to 235018 E, 3778663 N; to 235301 E,

3776207 N; to 235018 E, 3778663 N; to

237279 E, 3778281 N; to 234797 E, 3773059

N; to 233526 E, 3773503 N; to 235018 E,

3778663 N; and thence to point of beginning.

Unit NC–15: Ft. Fisher.

This unit begins at UTM 227863 E,

3758770 N; to 227285 E, 3761130 N; to

229414 E, 3761819 N; to 230360 E, 3760992

N; to 227660 E, 3754862 N; to 226595 E,

3754980 N; to 226241 E, 3758469 N; to

227108 E, 3760972 N; to 227285 E, 3761130

N; and thence to point of beginning.

Unit NC–16: Lockwood Folly Inlet.

This unit begins at UTM 201227 E,

3757688 N; to 200823 E, 3758337 N; to

201239 E, 3758381 N; to 201640 E, 3758186

N; to 201600 E, 3757375 N; to 201939 E,

3757163 N; to 201674 E, 3756882 N; to

201181 E, 3756801 N; to 200786 E, 3757822

N; to 200823, 3758337; and thence to point

of beginning.

Unit NC–17: Shallotte Inlet.

This unit begins at UTM 188067 E,

3756365 N; to 189372 E, 3756093 N; to

188723 E, 3755719 N; to 188187 E, 3755686

N; to 186884 E, 3755740 N; to 186650 E,

3756057 N; to 186852 E, 3756550 N; to

187092 E, 3756825 N; to 186953 E, 3757172

N; to 187838 E, 3757864 N; to 188140 E,

3757846 N; to 189039 E,3757433 N; to

189299 E, 3757432 N; to 189372, 3756093;

and thence to point of beginning.

Unit NC–18: Mad Inlet.

This unit begins at UTM 173982 E,

3752907 N; to 173058 E, 3751556 N; to

173369 E, 3752495 N; to 173196 E, 3752754

N; to 173918 E, 3754015 N; to 174269 E,

3754100 N; to 174687 E, 3753774 N; to

174209 E, 3753591 N; to 174236 E, 3753508

N; to 174310 E, 3753426 N; to 174390 E,

3753361 N; to 174461 E, 3753326 N; to

174567 E, 3753230 N; to 174615 E, 3753145

N; to 174661 E, 3752930 N; to 175098 E,

3752417 N; to 173232 E, 3751377 N; to

173058 E, 3751556 N; and thence to point of

beginning.

South Carolina

Projection: Universal Transverse Mercator,

Zone 17.

Unit SC–1: Waites Island-North.

This unit begins at UTM 725738 E,

3748074 N; to 725022 E, 3748965 N; to

725421 E, 3748836 N; to 726117 E, 3748976

N; to 726635 E, 3748663 N; to 727003 E,

3747708 N; to 724428 E, 3747665 N; to

725022 E, 3748965 N; and thence to point of

beginning.

Unit SC–2: Waites Island-South.

This unit begins at UTM 722497 E,

3747416 N; to 721232 E, 3747433 N; to

721637 E, 3747989 N; to 721880 E, 3747881

N; to 722322 E, 3747864 N; to 722652 E,

3747692 N; to 723564 E, 3747800 N; to

723813 E, 3747125 N; to 722587 E, 3746682

N; to 721621 E, 3747319 N; to 721232 E,

3747433 N; and thence to point of beginning.

Unit SC–3: Murrells Inlet/Huntington Beach.

This unit begins at UTM 681799 E,

3710448 N; to 683405 E, 3711863 N; to

683253 E, 3711163 N; to 682806 E, 3710823

N; to 679622 E, 3707732 N; to 679339 E,

3707709 N; to 679152 E, 3707814 N; to

679058 E, 3707991 N; to 679434 E, 3708390

N; to 680068 E, 3709048 N; to 680162 E,

3709436 N; to 680985 E, 3710165 N; to

681360 E, 3710717 N; to 681642 E, 3711521

N; to 681630 E, 3711839 N; to 681726 E,

3712062 N; to 682322 E, 3712585 N; to

683405 E, 3711863 N; and thence to point of

beginning.

Unit SC–4: Litchfield.

This unit begins at UTM 675774 E,

3702407 N; to 675960 E, 3701849 N; to

675445 E, 3702217 N; to 675154 E, 3702605

N; to 675351 E, 3702843 N; to 676292 E,

3702499 N; to 675960 E, 3701849 N; and

thence to point of beginning.

Unit SC–5: North Inlet.

This unit begins at UTM 670679 E,

3688657 N; to 670915 E, 3690594 N; to

672045 E, 3690325 N; to 671452 E, 3688681

N; to 672078 E, 3688087 N; to 670848 E,

3686174 N; to 670109 E, 3686566 N; to

670366 E, 3687461 N; to 669975 E, 3687628

N; to 669784 E, 3688423 N; to 670422 E,

3689967 N; to 670915; to 3690594; and

thence to point of beginning.

Unit SC–6: North Santee Bay Inlet.

This unit begins at UTM 666930 E,

3670041 N; to 668761 E, 3673337 N; to

670056 E, 3672854 N; to 669032 E, 3671114

N; to 664354 E, 3666957 N; to 663812 E,

3665816 N; to 662768 E, 3665817 N; to

662401 E, 3666184 N; to 662478 E, 3666725

N; to 663116 E, 3666938 N; to 663078 E,

3668543 N; to 663445 E, 3668852 N; to

664509 E, 3669992 N; to 665030 E, 3669702

N; to 665030 E, 3669122 N; to 668182 E,

3672003 N; to 668317 E, 3672622 N; to

668761 E, 3673337 N; and thence to point of

beginning.

Unit SC–7: Cape Romain.

This unit begins at UTM 650426 E,

3654423 N; to 645739 E, 3653387 N; to

645917 E, 3654156 N; to 647750 E, 3654629

N; to 648164 E, 3654767 N; to 648755 E,

3655102 N; to 649249 E, 3655141 N; to

653349 E, 3655831 N; to 653999 E, 3655496

N; to 654098 E, 3655003 N; to 653309 E,

3652717 N; to 646705 E, 3652618 N; to

645917 E, 3652953 N; to 645739 E, 3653387

N; and thence to point of beginning.

Unit SC–8: Bull Island.

This unit begins at UTM 626370 E,

3638607 N; to 626279 E, 3636892 N; to

624156 E, 3637262 N; to 625149 E, 3638969

N; to 625592 E, 3639566 N; to 627499 E,

3639945 N; to 628203 E, 3639548 N; to

627209 E, 3637217 N; to 626279 E, 3636892

N; and thence to point of beginning.

Unit SC–9: Stono Inlet.

This unit begins at UTM 593829 E,

3610109 N; to 590512 E, 3607811 N; to

590410 E, 3609637 N; to 591273 E, 3610365

N; to 592474 E, 3611430 N; to 594249 E,

3610889 N; to 595433 E, 3612022 N; to

41798 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

597022 E, 3610517 N; to 594672 E, 3607659

N; to 590512 E, 3607811 N; and thence to

point of beginning.

Unit SC–10: Seabrook Island.

This unit begins at UTM 580527 E,

3604821 N; to 581526 E, 3606226 N; to

582236 E, 3605504 N; to 579177 E, 3603020

N; to 578773 E, 3603510 N; to 579201 E,

3603926 N; to 579299 E, 3604415 N; to

579483 E, 3604684 N; to 580229 E, 3605259

N; to 581526 E, 3606226 N; and thence to

point of beginning.

Unit SC–11: Deveaux Bank.

This unit begins at UTM 577409 E,

3600595 N; to 576108 E, 3599702 N; to

576042 E, 3601895 N; to 576770 E, 3602567

N; to 578378 E, 3601678 N; to 579011 E,

3599768 N; to 576108 E, 3599702 N; and

thence to point of beginning.

Unit SC–12: Otter Island.

This unit begins at UTM 556003 E,

3593013 N; to 555060 E, 3593335 N; to

555155 E, 3593186 N; to 557068 E, 3593749

N; to 557136 E, 3593960 N; to 556993 E,

3594319 N; to 557102 E, 3594624 N; to

557265 E, 3594787 N; to 558059 E, 3594319

N; to 557869 E, 3593295 N; to 557516 E,

3592847 N; to 555481 E, 3592223 N; to

554999 E, 3592209 N; to 554599 E, 3592399

N; to 554368 E, 3592745 N; to 554355 E,

3593132 N; to 555060 E, 3593335 N; and

thence to point of beginning.

Unit SC–13: Harbor Island.

This unit begins at UTM 553844 E,

3585199 N; to 553825 E, 3585982 N; to

554466 E, 3585472 N; to 554384 E, 3584628

N; to 553210 E, 3584195 N; to 553249 E,

3585220 N; to 553825 E, 3585982 N; and

thence to point of beginning.

Unit SC–14: Caper’s Island.

This unit begins at UTM 540394 E,

3571212 N; to 538947 E, 3571753 N; to

539380 E, 3571882 N; to 539696 E, 3571718

N; to 539848 E, 3571390 N; to 541416 E,

3571975 N; to 542470 E, 3572549 N; to

542505 E, 3572911 N; to 542646 E, 3573122

N; to 543020 E, 3573146 N; to 543383 E,

3572701 N; to 543348 E, 3572139 N; to

542856 E, 3571589 N; to 540995 E, 3570629

N; to 539579 E, 3570337 N; to 539029 E,

3570501 N; to 538655 E, 3570887 N; to

538666 E, 3571378 N; to 538947 E, 3571753

N; and thence to point of beginning.

Unit SC–15: Hilton Head.

This unit begins at UTM 531383 E,

3563460 N; to 530298 E, 3563633 N; to

530666 E, 3563923 N; to 531301 E, 3564323

N; to 531168 E, 3564714 N; to 531066 E,

3565224 N; to 532311 E, 3564714 N; to

532390 E, 3563774 N; to 532343 E, 3563414

N; to 531951 E, 3562881 N; to 531622 E,

3562717 N; to 531238 E, 3562662 N; to

530557 E, 3563257 N; to 530298 E, 3563633

N; and thence to point of beginning.

BILLING CODE 4310–55–P

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41799

41800 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

Georgia

Projection: Universal Transverse Mercator,

Zone 17.

Unit GA–1: Tybee Island.

This unit begins at UTM 514045 E,

3543880 N; to 512869 E, 3542737 N; to

512863 E, 3542746 N; to 512801 E, 3542709

N; to 512622 E, 3543154 N; to 512962 E,

3543425 N; to 513345 E, 3543605 N; to

513548 E, 3543895 N; to 513715 E, 3544111

N; to 513839 E, 3544204 N; to 514018 E,

3544253 N; to 514271 E, 3544154 N; to

514759 E, 3543679 N; to 514784 E, 3543623

N; to 514926 E, 3543605 N; to 515037 E,

3543561 N; to 515154 E, 3543463 N; to

515234 E, 3543327 N; to 515327 E, 3543117

N; to 515352 E, 3542926 N; to 515389 E,

3542660 N; to 515395 E, 3542425 N; to

515376 E, 3542271 N; to 514984 E, 3542331

N; to 514984 E, 3542331 N; to 514913 E,

3542995 N; to 514843 E, 3543127 N; to

514580 E, 3543152 N; to 514358 E, 3543443

N; to 514003 E, 3543752 N; to 513880 E,

3543606 N; to 513841 E, 3543505 N; to

513562 E, 3543170 N; to 513175 E, 3542992

N; to 512939 E, 3542834 N; to 512869 E,

3542737 N; to 514184 E, 3543484 N; to

512869 E, 3542737 N; to 512939 E, 3542834

N; to 513175 E, 3542992 N; to 513562 E,

3543170 N; to 513841 E, 3543505 N; to

513880 E, 3543606 N; to 514003 E, 3543752

N; to 514358 E, 3543443 N; to 514580 E,

3543152 N; to 514843 E, 3543127 N; to

514913 E, 3542995 N; to 514984 E, 3542331

N; to 514984 E, 3542331 N; to 514938 E,

3542338 N; to 514833 E, 3542802 N; to

514759 E, 3543005 N; to 514488 E, 3543123

N; to 514314 E, 3543302 N; to 514036 E,

3543500 N; to 513901 E, 3543457 N; to

513629 E, 3543166 N; to 513418 E, 3543043

N; to 513178 E, 3542913 N; to 513023 E,

3542790 N; to 512888 E, 3542709 N; to

512869 E, 3542737 N; and thence to point of

beginning.

Unit GA–2: Little Tybee Island.

This unit begins at UTM 509343 E,

3534814 N; to 513286 E, 3539174 N; to

513543 E, 3538965 N; to 513832 E, 3537502

N; to 513334 E, 3536859 N; to 511823 E,

3535508 N; to 507305 E, 3532840 N; to

506855 E, 3532856 N; to 506453 E, 3533418

N; to 506227 E, 3534094 N; to 506227 E,

3535187 N; to 506453 E, 3535525 N; to

506854 E, 3535541 N; to 507401 E, 3535091

N; to 507449 E, 3534592 N; to 507337 E,

3534399 N; to 507498 E, 3534303 N; to

507755 E, 3534480 N; to 508285 E, 3535107

N; to 508623 E, 3535476 N; to 510745 E,

3536280 N; to 511003 E, 3536328 N; to

512224 E, 3537213 N; to 512803 E, 3537663

N; to 512642 E, 3538515 N; to 512852 E,

3539174 N; to 512852 E, 3539158 N; to

513286 E, 3539174 N; and thence to point of

beginning.

Unit GA–3: North Wassaw Island.

This unit begins at UTM 505704 E,

3530314 N; to 506872 E, 3530309 N; to

506861 E, 3530033 N; to 506769 E, 3529838

N; to 505601 E, 3528947 N; to 505355 E,

3528824 N; to 504997 E, 3528947 N; to

504393 E, 3530750 N; to 504516 E, 3531108

N; to 504997 E, 3531477 N; to 505632 E,

3531354 N; to 506728 E, 3530616 N; to

506872 E, 3530309 N; and thence to point of

beginning.

Unit GA–4: South Wassaw Island.

This unit begins at UTM 500497 E,

3525400 N; to 500204 E, 3526469 N; to

500350 E, 3526442 N; to 501364 E, 3525756

N; to 501583 E, 3525546 N; to 501629 E,

3525327 N; to 501602 E, 3525135 N; to

501282 E, 3524596 N; to 500807 E, 3524167

N; to 500468 E, 3524048 N; to 500030 E,

3524030 N; to 499701 E, 3524158 N; to

499345 E, 3524550 N; to 499217 E, 3524916

N; to 499317 E, 3525354 N; to 499948 E,

3525811 N; to 500204 E, 3526469 N; and

thence to point of beginning.

Unit GA–5: Ossabaw Island.

This unit begins at UTM 494565 E,

3516852 N; to 488807 E, 3511647 N; to

490483 E, 3513297 N; to 494937 E, 3518190

N; to 494689 E, 3520527 N; to 494882 E,

3521104 N; to 495432 E, 3521599 N; to

496257 E, 3521489 N; to 496779 E, 3521160

N; to 497109 E, 3520500 N; to 497164 E,

3519592 N; to 496614 E, 3518465 N; to

492903 E, 3513489 N; to 489274 E, 3510768

N; to 488944 E, 3510850 N; to 488779 E,

3511152 N; to 488807 E, 3511647 N; and

thence to point of beginning.

Unit GA–6: St. Catherine’s Island Bar.

This unit begins at UTM 488767 E,

3506356 N; to 487546 E, 3507411 N; to

487906 E, 3507591 N; to 488610 E, 3507442

N; to 488861 E, 3507278 N; to 489464 E,

3506738 N; to 489698 E, 3506378 N; to

489910 E, 3505618 N; to 489934 E, 3505258

N; to 489855 E, 3505078 N; to 489612 E,

3504820 N; to 489252 E, 3504773 N; to

488775 E, 3504960 N; to 487960 E, 3505869

N; to 487546 E, 3507411 N; and thence to

point of beginning.

Unit GA–7: McQueen’s Inlet.

This unit begins at UTM 486849 E,

3501058 N; to 488316 E, 3499565 N; to

487446 E, 3497726 N; to 485845 E, 3496916

N; to 485469 E, 3497153 N; to 485232 E,

3498102 N; to 485529 E, 3500929 N; to

485944 E, 3502075 N; to 486794 E, 3504091

N; to 487150 E, 3504289 N; to 487486 E,

3504131 N; to 487920 E, 3502629 N; to

488316 E, 3499565 N; and thence to point of

beginning.

Unit GA–8: St. Catherine’s Island.

This unit begins at UTM 483219 E,

3492370 N; to 483571 E, 3490934 N; to

483221 E, 3490878 N; to 482844 E, 3490926

N; to 482507 E, 3491248 N; to 482298 E,

3491381 N; to 482081 E, 3491779 N; to

482046 E, 3492017 N; to 482075 E, 3492136

N; to 482047 E, 3492695 N; to 482200 E,

3493038 N; to 482655 E, 3493478 N; to

482865 E, 3493534 N; to 483046 E, 3493499

N; to 483123 E, 3493443 N; to 484073 E,

3492513 N; to 484235 E, 3492478 N; to

484388 E, 3492360 N; to 484479 E, 3492220

N; to 484500 E, 3491863 N; to 484032 E,

3491290 N; to 483571 E, 3490934 N; and

thence to point of beginning.

Unit GA–9: Blackbeard Island.

This unit begins at UTM 482718 E,

3487827 N; to 482480 E, 3485399 N; to

482275 E, 3485422 N; to 482048 E, 3485558

N; to 481934 E, 3485899 N; to 482059 E,

3486263 N; to 482833 E, 3486946 N; to

481843 E, 3488220 N; to 481081 E, 3488721

N; to 480842 E, 3488573 N; to 480716 E,

3488334 N; to 480341 E, 3488038 N; to

480080 E, 3488357 N; to 479818 E, 3488721

N; to 480216 E, 3489290 N; to 480501 E,

3489551 N; to 481046 E, 3489722 N; to

481331 E, 3489676 N; to 481650 E, 3489540

N; to 482127 E, 3489187 N; to 482833 E,

3488550 N; to 483834 E, 3486957 N; to

483823 E, 3486457 N; to 482480 E, 3485399

N; and thence to point of beginning.

Unit GA–10: Sapelo Island.

This unit begins at UTM 476364 E,

3476367 N; to 476251 E, 3475072 N; to

476177 E, 3474958 N; to 475469 E, 3474930

N; to 475516 E, 3475423 N; to 475873 E,

3476907 N; to 476845 E, 3477487 N; to

477398 E, 3477190 N; to 477230 E, 3476799

N; to 476251 E, 3475072 N; and thence to

point of beginning.

Unit GA–11: Wolf Island.

This unit begins at UTM 472441 E,

3469004 N; to 471312 E, 3471617 N; to

472082 E, 3472191 N; to 473170 E, 3470155

N; to 473762 E, 3464919 N; to 470581 E,

3464979 N; to 470522 E, 3465611 N; to

470917 E, 3465986 N; to 472616 E, 3466006

N; to 472597 E, 3467765 N; to 471925 E,

3468219 N; to 471253 E, 3469760 N; to

471095 E, 3470254 N; to 471312 E, 3471617

N; and thence to point of beginning.

Unit GA–12: Egg Island Bar.

This unit begins at UTM 474259 E,

3463796 N; to 472638 E, 3463452 N; to

473852 E, 3464868 N; to 475673 E, 3464041

N; to 475084 E, 3462422 N; to 472914 E,

3462863 N; to 472638 E, 3463452 N; and

thence to point of beginning.

Unit GA–13: Little St. Simon’s Island.

This unit begins at UTM 473959 E,

3457909 N; to 471057 E, 3461394 N; to

471378 E, 3462168 N; to 471858 E, 3461981

N; to 472365 E, 3462301 N; to 473458 E,

3462568 N; to 475045 E, 3458500 N; to

472458 E, 3451938 N; to 470483 E, 3452258

N; to 470844 E, 3454379 N; to 471671 E,

3453899 N; to 473351 E, 3458593 N; to

472684 E, 3461261 N; to 471057 E, 3461394

N; and thence to point of beginning.

Unit GA–14: Sea/St. Simon’s Island.

This unit begins at UTM 465847 E,

3447672 N; to 467440 E, 3449252 N; to

465170 E, 3445115 N; to 464474 E, 3445591

N; to 464963 E, 3445994 N; to 465048 E,

3447568 N; to 466524 E, 3449667 N; to

467440 E, 3449252 N; and thence to point of

beginning.

Unit GA–15: Jekyll Island.

This unit begins at UTM 459063 E,

3431131 N; to 458282 E, 3432359 N; to

458654 E, 3432379 N; to 458757 E, 3431439

N; to 459170 E, 3431419 N; to 459470 E,

3431553 N; to 459728 E, 3431894 N; to

460182 E, 3432503 N; to 460657 E, 3432028

N; to 459697 E, 3430510 N; to 458013 E,

3430592 N; to 458075 E, 3432080 N; to

458282 E, 3432359 N; and thence to point of

beginning.

Unit GA–16: Cumberland Island.

This unit begins at UTM 459712 E,

3413753 N; to 462435 E, 3425693 N; to

461935 E, 3418756 N; to 459288 E, 3410816

N; to 456498 E, 3404451 N; to 457929 E,

3397513 N; to 454896 E, 3398157 N; to

455297 E, 3398901 N; to 456384 E, 3398844

N; to 455698 E, 3401647 N; to 455812 E,

3406911 N; to 458702 E, 3412147 N; to

460533 E, 3418613 N; to 460504 E, 3422131

N; to 460561 E, 3424020 N; to 460961 E,

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41801

3425965 N; to 461305 E, 3426423 N; to

462435 E, 3425693 N; and thence to point of

beginning.

Florida

Projection: Albers Equal-Area, Units: Meters,

Datum: HPGN, Parameters: 1st

Standardparallel: 24 0 0; 2nd Standard

parallel: 31 30 0; Central meridian: ¥84

0 0; Latitude of projection reference: 24

0 0; False easting: 400000; False

northing: 0.

Unit FL–1: Big Lagoon.

This unit begins at UTM 72604 E, 704871

N; to 74167 E, 705290 N; to 74912 E, 705403

N; to 74994 E, 704610 N; to 73688 E, 704444

N; to 72981 E, 704354 N; to 72070 E, 704239

N; to 71486 E, 704670 N; to 71247 E, 704847

N; to 71652 E, 704908 N; to 73425 E, 705177

N; to 74167 E, 705290 N; and thence to point

of beginning.

Unit FL–2: Big Sabine.

This unit begins at UTM 108301 E, 707635

N; to 109133 E, 711008 N; to 110549 E,

711021 N; to 111989 E, 707573 N; to 104992

E, 706101 N; to 104637 E, 707641 N; to

104449 E, 708456 N; to 104189 E, 709582 N;

to 105949 E, 710427 N; to 105964 E, 710434

N; to 107118 E, 710988 N; to 109118 E,

711007 N; to 109133 E, 711008 N; and thence

to point of beginning.

Unit FL–3: Navarre Beach.

This unit begins at UTM 126686 E, 711110

N; to 127659 E, 713103 N; to 128179 E,

713103 N; to 128179 E, 712988 N; to 128179

E, 712115 N; to 128179 E, 711547 N; to

128179 E, 710207 N; to 125193 E, 710207 N;

to 125193 E, 713091 N; to 125193 E, 713103

N; to 125415 E, 713103 N; to 127659 E,

713103 N; and thence to point of beginning.

Unit FL–4: Marifarms.

This unit begins at UTM 232704 E, 697981

N; to 231359 E, 700066 N; to 233004 E,

698658 N; to 233244 E, 698845 N; to 234097

E, 697832 N; to 233491 E, 697779 N; to

233484 E, 697778 N; to 233657 E, 697272 N;

to 233817 E, 697179 N; to 233937 E, 696934

N; to 234471 E, 695845 N; to 233071 E,

695285 N; to 230444 E, 699618 N; to 231338

E, 700085 N; to 231351 E, 700073 N; to

231359 E, 700066 N; and thence to point of

beginning.

Unit FL–5: Shell/Crooked Islands.

This unit begins at UTM 247749 E, 671302

N; to 234803 E, 681585 N; to 235353 E,

680799 N; to 238362 E, 678161 N; to 241000

E, 677050 N; to 242434 E, 675662 N; to

244193 E, 675060 N; to 244795 E, 674319 N;

to 245037 E, 674259 N; to 245135 E, 674234

N; to 245143 E, 674226 N; to 245176 E,

674205 N; to 245218 E, 674190 N; to 245246

E, 674169 N; to 245263 E, 674141 N; to

245287 E, 674120 N; to 245307 E, 674089 N;

to 245339 E, 674071 N; to 245374 E, 674054

N; to 245397 E, 674029 N; to 245417 E,

674009 N; to 245471 E, 673975 N; to 245511

E, 673955 N; to 245559 E, 673925 N; to

245594 E, 673905 N; to 245648 E, 673888 N;

to 245683 E, 673865 N; to 245732 E, 673837

N; to 245783 E, 673817 N; to 245821 E,

673814 N; to 245863 E, 673828 N; to 245892

E, 673836 N; to 245943 E, 673814 N; to

245980 E, 673785 N; to 245994 E, 673758 N;

to 246028 E, 673722 N; to 246064 E, 673710

N; to 246129 E, 673705 N; to 246171 E,

673701 N; to 246210 E, 673694 N; to 246264

E, 673688 N; to 246269 E, 673691 N; to

247063 E, 673116 N; to 247129 E, 673055 N;

to 247988 E, 672271 N; to 249290 E, 670666

N; to 250013 E, 669943 N; to 252472 E,

667339 N; to 255075 E, 665315 N; to 255292

E, 664230 N; to 257462 E, 662928 N; to

257802 E, 662827 N; to 260137 E, 662133 N;

to 260351 E, 661791 N; to 260499 E, 661554

N; to 261077 E, 660108 N; to 257172 E,

660180 N; to 252906 E, 662856 N; to 249001

E, 667123 N; to 244517 E, 671606 N; 232874

E, 678404 N; to 233121 E, 680310 N; to

234803 E, 681585 N; and thence to point of

beginning.

Unit FL–6: Upper St. Joe Peninsula.

This unit begins at UTM 264202 E, 649954

N; to 263328 E, 646264 N; to 261673 E,

646007 N; to 261523 E, 648630 N; to 261822

E, 650954 N; to 263172 E, 653427 N; to

266320 E, 654851 N; to 267669 E, 654326 N;

to 268194 E, 652752 N; to 265045 E, 646531

N; to 264205 E, 646401 N; to 263328 E,

646264 N; and thence to point of beginning.

Unit FL–7: Cape San Blas.

This unit begins at UTM 269729 E, 628433

N; to 271100 E, 630960 N; to 271723 E,

631052 N; to 272235 E, 629456 N; to 271202

E, 627733 N; to 270598 E, 627364 N; to

269830 E, 627247 N; to 269098 E, 627364 N;

to 268457 E, 627772 N; to 267433 E, 628862

N; to 266829 E, 629874 N; to 266729 E,

630312 N; to 269114 E, 630666 N; to 271100

E, 630960 N; and thence to point of

beginning.

Unit FL–8: St. Vincent Island.

This unit begins at UTM 294248 E, 626986

N; to 294995 E, 630938 N; to 295488 E,

631925 N; to 298443 E, 631500 N; to 298567

E, 629943 N; to 298204 E, 628944 N; to

296169 E, 624998 N; to 295267 E, 624103 N;

to 294893 E, 623731 N; to 293675 E, 622522

N; to 290632 E, 624008 N; to 290225 E,

625441 N; to 290357 E, 625459 N; to 293622

E, 625901 N; to 295400 E, 629819 N; to

294975 E, 630899 N; to 294995 E, 630938 N;

to 282740 E, 630619 N; to 283176 E, 631015

N; to 283824 E, 630103 N; to 283748 E,

630027 N; to 282939 E, 629218 N; to 280760

E, 630321 N; to 282031 E, 631281 N; to

282653 E, 631751 N; to 283176 E, 631015 N;

and thence to point of beginning.

Unit FL–9: East St. George Island.

This unit begins at UTM 327537 E, 637190

N; to 331619 E, 642193 N; to 332318 E,

642718 N; to 333986 E, 641977 N; to 334974

E, 639815 N; to 332812 E, 634255 N; to

322619 E, 628880 N; to 321481 E, 630777 N;

to 320580 E, 632278 N; to 320889 E, 634131

N; to 331619 E, 642193 N; and thence to

point of beginning.

Unit FL–10: Yent Bayou.

This unit begins at UTM 327217 E, 641936

N; to 328104 E, 643576 N; to 328242 E,

643651 N; to 329854 E, 642490 N; to 326458

E, 639739 N; to 324753 E, 641673 N; to

324737 E, 641691 N; to 324716 E, 641715 N;

to 324702 E, 641730 N; to 324696 E, 641738

N; to 325103 E, 641958 N; to 326375 E,

642644 N; to 326446 E, 642682 N; to 326575

E, 642752 N; to 326589 E, 642759 N; to

326715 E, 642827 N; to 326752 E, 642847 N;

to 326764 E, 642853 N; to 326877 E, 642915

N; to 327281 E, 643132 N; to 327760 E,

643391 N; to 328104 E, 643576 N; and thence

to point of beginning.

Unit FL–11: Carabelle Beach.

This unit begins at UTM 334905 E, 646117

N; to 334194 E, 647675 N; to 334880 E,

648086 N; to 335351 E, 647832 N; to 336872

E, 646655 N; to 336438 E, 645696 N; to

335333 E, 645225 N; to 333576 E, 645460 N;

to 332762 E, 646818 N; to 333118 E, 647032

N; to 334194 E, 647675 N; and thence to

point of beginning.

Unit FL–12: Lanark Reef.

This unit begins at UTM 344382 E, 651062

N; to 340519 E, 651005 N; to 346705 E,

654054 N; to 347414 E, 653239 N; to 347503

E, 652530 N; to 346989 E, 651360 N; to

342150 E, 649180 N; to 340767 E, 650084 N;

to 340519 E, 651005 N; and thence to point

of beginning.

Unit FL–13: Phipps Preserve.

This unit begins at UTM 358696 E, 655615

N; to 359499 E, 655877 N; to 359048 E,

653677 N; to 357606 E, 654056 N; to 356217

E, 655336 N; to 355965 E, 656382 N; to

357606 E, 657500 N; to 360022 E, 656653 N;

to 359499 E, 655877 N; and thence to point

of beginning.

Unit FL–14: Hagens Cove.

This unit begins at UTM 439463 E, 640163

N; to 442273 E, 638847 N; to 439808 E,

636998 N; to 438636 E, 638439 N; to 438060

E, 641782 N; to 440876 E, 642633 N; to

440923 E, 642647 N; to 441672 E, 642493 N;

to 443171 E, 639419 N; to 442345 E, 638900

N; to 442273 E, 638847 N; and thence to

point of beginning.

Unit FL–15: Anclote Keys.

This unit begins at UTM 512648 E, 465612

N; to 513535 E, 471894 N; to 515000 E,

471826 N; to 516056 E, 460514 N; to 510775

E, 460821 N; to 510707 E, 471997 N; to

513535 E, 471894 N; and thence to point of

beginning.

Unit FL–16: Three Rooker Island.

This unit begins at UTM 513409 E, 457484

N; to 512082 E, 459662 N; to 515831 E,

459704 N; to 516087 E, 455870 N; to 511997

E, 455955 N; to 512082 E, 459662 N; and

thence to point of beginning.

Unit FL–17: North Honeymoon Island.

This unit begins at UTM 513886 E, 453853

N; to 513365 E, 452398 N; to 512410 E,

452335 N; to 512620 E, 455050 N; to 515884

E, 455099 N; to 515467 E, 454636 N; to

514430 E, 453483 N; to 514397 E, 452465 N;

to 513365 E, 452398 N; and thence to point

of beginning.

Unit FL–18: South Honeymoon Island.

This unit begins at UTM 516037 E, 450451

N; to 515090 E, 449543 N; to 514527 E,

450348 N; to 515332 E, 450683 N; to 515729

E, 450848 N; to 515944 E, 450937 N; to

515965 E, 450946 N; to 516547 E, 450752 N;

to 516698 E, 449817 N; to 516724 E, 449653

N; to 516667 E, 449661 N; to 516267 E,

449721 N; to 516267 E, 449721 N; to 516024

E, 449757 N; to 515965 E, 449766 N; to

515944 E, 449761 N; to 515217 E, 449572 N;

to 515092 E, 449540 N; to 515090 E, 449543

N; and thence to point of beginning.

Unit FL–19: Caladesi Island.

This unit begins at UTM 514720 E, 447872

N; to 516267 E, 449721 N; to 516663 E,

449634 N; to 516724 E, 449621 N; to 516645

E, 449532 N; to 516191 E, 449023 N; to

515302 E, 446566 N; to 515325 E, 446430 N;

41802 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

to 515480 E, 445484 N; to 513266 E, 445564

N; to 513315 E, 445564 N; to 514203 E,

449281 N; to 515076 E, 449540 N; to 515090

E, 449543 N; to 515090 E, 449543 N; to

515092 E, 449540 N; to 515217 E, 449572 N;

to 515944 E, 449761 N; to 515965 E, 449766

N; to 516024 E, 449757 N; to 516267 E,

449721 N; and thence to point of beginning.

Unit FL–20: Shell Key and Mullet Key.

This unit begins at UTM 522755 E, 405904

N; to 524490 E, 402622 N; to 522296 E,

402015 N; to 522083 E, 405134 N; to 521682

E, 406859 N; to 522083 E, 408820 N; to

524683 E, 408939 N; to 524730 E, 408561 N;

to 525084 E, 408112 N; to 524234 E, 407875

N; to 523903 E, 406670 N; to 524683 E,

405347 N; to 524163 E, 405134 N; to 524177

E, 405090 N; to 524588 E, 403811 N; to

524517 E, 402629 N; to 524490 E, 402622 N;

and thence to point of beginning.

Unit FL–21: Egmont Key.

This unit begins at UTM 521928 E, 399050

N; to 524187 E, 396840 N; to 524189 E,

396828 N; to 524063 E, 396829 N; to 520449

E, 396853 N; to 519988 E, 399087 N; to

520498 E, 401102 N; to 523582 E, 401054 N;

to 524187 E, 396840 N; and thence to point

of beginning.

Unit FL–22: Cayo Costa.

This unit begins at UTM 572184 E, 297955

N; to 573556 E, 299054 N; to 573567 E,

299018 N; to 573572 E, 299002 N; to 573591

E, 298942 N; to 573605 E, 298896 N; to

573629 E, 298817 N; to 573666 E, 298696 N;

to 573674 E, 298671 N; to 573716 E, 298533

N; to 573785 E, 298310 N; to 573790 E,

298295 N; to 573795 E, 298277 N; to 573804

E, 298247 N; to 573809 E, 298232 N; to

573828 E, 298171 N; to 573828 E, 298171 N;

to 573847 E, 298107 N; to 573851 E, 298095

N; to 573857 E, 298077 N; to 573890 E,

297969 N; to 573896 E, 297948 N; to 573903

E, 297925 N; to 573923 E, 297862 N; to

573932 E, 297831 N; to 573939 E, 297809 N;

to 574015 E, 297563 N; to 574029 E, 297515

N; to 574039 E, 297485 N; to 574267 E,

296743 N; to 574781 E, 295073 N; to 574799

E, 295016 N; to 574815 E, 294961 N; to

574756 E, 294950 N; to 574695 E, 294940 N;

to 574662 E, 294934 N; to 573024 E, 294644

N; to 570802 E, 298158 N; to 571573 E,

300539 N; to 573138 E, 300275 N; to 573183

E, 300267 N; to 573556 E, 299054 N; and

thence to point of beginning.

Unit FL–23: North Captiva Island.

This unit begins at UTM 576601 E, 289017

N; to 577848 E, 287371 N; to 577876 E,

286985 N; to 577877 E, 286979 N; to 577875

E, 286979 N; to 574997 E, 286458 N; to

574770 E, 289201 N; to 575042 E, 290449 N;

to 577763 E, 290879 N; to 577695 E, 289451

N; to 577796 E, 288081 N; to 577848 E,

287371 N; and thence to point of beginning.

Unit FL–24: Captiva Island and Sanibel

Island.

This unit begins at UTM 580844 E, 275784

N; to 581804 E, 275109 N; to 581117 E,

274510 N; to 579744 E, 276673 N; to 580630

E, 276777 N; to 580809 E, 276798 N; to

580983 E, 276973 N; to 581200 E, 276465 N;

to 581882 E, 275176 N; to 581804 E, 275109

N; and thence to point of beginning.

Unit FL–25: Bunch Beach.

This unit begins at UTM 600837 E, 275733

N; to 602992 E, 275407 N; to 602748 E,

274477 N; to 602656 E, 274125 N; to 602609

E, 273948 N; to 597678 E, 276408 N; to

598020 E, 277081 N; to 598028 E, 277095 N;

to 598365 E, 277228 N; to 599269 E, 277252

N; to 600813 E, 276890 N; to 601838 E,

276577 N; to 602320 E, 276227 N; to 603068

E, 275696 N; to 602992 E, 275407 N; and

thence to point of beginning.

Unit FL–26: Estero Island.

This unit begins at UTM 608152 E, 269492

N; to 607538 E, 271349 N; to 608151 E,

270790 N; to 608840 E, 269977 N; to 608999

E, 269128 N; to 609777 E, 268333 N; to

610000 E, 268285 N; to 610024 E, 268280 N;

to 610342 E, 267962 N; to 609423 E, 267149

N; to 606719 E, 270914 N; to 607484 E,

271320 N; to 607538 E, 271349 N; and thence

to point of beginning.

Unit FL–27: Marco Island.

This unit begins at UTM 625861 E, 217665

N; to 625978 E, 221782 N; to 626119 E,

221805 N; to 625781 E, 220819 N; to 626654

E, 221073 N; to 626936 E, 221044 N; to

626702 E, 220780 N; to 626288 E, 220312 N;

to 625865 E, 219861 N; to 625076 E, 219185

N; to 625076 E, 218565 N; to 625442 E,

218142 N; to 626034 E, 217945 N; to 626401

E, 217240 N; to 626936 E, 216508 N; to

627218 E, 215381 N; to 627274 E, 214648 N;

to 627443 E, 213916 N; to 627492 E, 213801

N; to 627528 E, 213718 N; to 628007 E,

212084 N; to 626654 E, 211887 N; to 626062

E, 215522 N; to 624992 E, 217269 N; to

623977 E, 218987 N; to 624569 E, 220594 N;

to 624428 E, 221523 N; to 625105 E, 221636

N; to 625978 E, 221782 N; and thence to

point of beginning.

Unit FL–28: Marquesas Keys.

This unit begins at UTM 589947 E, 64900

N; to 585588 E, 66994 N; to 586950 E, 68633

N; to 588990 E, 69370 N; to 595167 E, 67613

N; to 592390 E, 59169 N; to 585688 E, 60426

N; to 584230 E, 60700 N; to 583890 E, 64950

N; to 585588 E, 66994 N; and thence to point

of beginning.

Unit FL–29: Boca Grande/Woman/Ballast

Keys.

This unit begins at UTM 604093 E, 60521

N; to 601724 E, 62876 N; to 608389 E, 60949

N; to 607504 E, 57503 N; to 600251 E, 58727

N; to 599661 E, 61810 N; to 601157 E, 62785

N; to 601724 E, 62876 N; and thence to point

of beginning.

Unit FL–30: Bahia Honda/Ohio Keys.

This unit begins at UTM 676754 E, 76504

N; to 673882 E, 76942 N; to 677121 E, 79648

N; to 680417 E, 76790 N; to 674491 E, 73970

N; to 673882 E, 76942 N; and thence to point

of beginning.

Unit FL–31: Lower Matecumbe Key.

This unit begins at UTM 729501 E, 100495

N; to 729673 E, 99910 N; to 729627 E, 99849

N; to 728898 E, 100507 N; to 729698 E,

100998 N; to 730225 E, 100321 N; to 730129

E, 100270 N; to 729837 E, 100115 N; to

729718 E, 99968 N; to 729673 E, 99910 N; to

729753 E, 98283 N; to 730155 E, 99108 N; to

730785 E, 98456 N; to 728947 E, 97225 N; to

728371 E, 97915 N; to 728393 E, 97930 N; to

729212 E, 98476 N; to 729321 E, 98488 N; to

729384 E, 98437 N; to 729571 E, 98534 N; to

729680 E, 98431 N; to 729764 E, 98630 N; to

729911 E, 98785 N; to 730049 E, 98993 N; to

730155 E, 99108 N; to 730155 E, 99108 N;

and thence to point of beginning.

Unit FL–32: Sandy Key/Carl Ross Key.

This unit begins at UTM 700920 E, 118607

N; to 699036 E, 119411 N; to 700003 E,

120708 N; to 702225 E, 120247 N; to 703456

E, 117278 N; to 699894 E, 115914 N; to

698904 E, 118355 N; to 699036 E, 119411 N;

and thence to point of beginning.

Unit FL–33: St. Lucie Inlet.

This unit begins at UTM 781031 E, 355393

N; to 782209 E, 356209 N; to 782486 E,

355067 N; to 780631 E, 353782 N; to 779311

E, 355959 N; to 778791 E, 356297 N; to

777777; to 356957; to 779204 E, 357243 N;

to 781666 E, 358456 N; to 782209 E, 356209

N; and thence to point of beginning.

Unit FL–34: Ponce de Leon Inlet.

This unit begins at UTM 699895 E, 567004

N; to 699342 E, 567430 N; to 700394 E,

568058 N; to 701612 E, 566385 N; to 700745

E, 565653 N; to 700560 E, 565768 N; to

699971 E, 566138 N; to 699619 E, 565907 N;

to 699573 E, 565877 N; to 699510 E, 565835

N; to 699310 E, 565704 N; to 698309 E,

566778 N; to 698577 E, 566974 N; to 698885

E, 567158 N; to 699134 E, 567306 N; to

699171 E, 567328 N; to 699342 E, 567430 N;

and thence to point of beginning.

Unit FL–35: Huguenot.

This unit begins at UTM 648016 E, 718082

N; to 647534 E, 724455 N; to 649878 E,

723134 N; to 650539 E, 715996 N; to 651233

E, 712857 N; to 649278 E, 712969 N; to

648920 E, 712989 N; to 647929 E, 713187 N;

to 646739 E, 712791 N; to 646854 E, 713598

N; to 646880 E, 713782 N; to 646937 E,

714179 N; to 646984 E, 714454 N; to 647050

E, 714841 N; to 647168 E, 715534 N; to

647367 E, 716096 N; to 647400 E, 717219 N;

to 647340 E, 717289 N; to 647003 E, 717682

N; to 646889 E, 718458 N; to 646834 E,

718825 N; to 646829 E, 718860 N; to 646827

E, 718875 N; to 646798 E, 719069 N; to

646743 E, 719440 N; to 646732 E, 719520 N;

to 646574 E, 720590 N; to 646759 E, 722102

N; to 646772 E, 722209 N; to 646668 E,

722341 N; to 646144 E, 723002 N; to 645566

E, 723709 N; to 647524 E, 724474 N; to

647534 E, 724472 N; to 647534 E, 724455 N;

and thence to point of beginning.

Unit FL–36: Tiger Islands.

This unit begins at UTM 641314 E, 746934

N; to 639468 E, 748336 N; to 639503 E,

748510 N; to 640092 E, 749177 N; to 641689

E, 747037 N; to 642521 E, 745921 N; to

643266 E, 744920 N; to 642908 E, 744302 N;

to 642785 E, 744419 N; to 642631 E, 744546

N; to 641224 E, 745710 N; to 639855 E,

746845 N; to 639259 E, 747334 N; to 639292

E, 747473 N; to 639468 E, 748336 N; and

thence to point of beginning. insert p. 111a

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41803

41804 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

Alabama

Projection: Universal Transverse Mercator,

Zone 16.

Unit AL–1: Isle Aux Herbes.

This unit encompasses Isle Aux Herbes in

entirety. This unit begins at UTM 378427 E,

3357011 N; to 378486 E, 3357070 N; to

378279 E, 3357189 N; to 378101 E, 3357411

N; to 378012 E, 3357723 N; to 378086 E,

3358019 N; to 378279 E, 3358182 N; to

378397 E, 3358716 N; to 378427 E, 3358924

N; to 378412 E, 3359443 N; to 378353 E,

3359769 N; to 378397 E, 3360110 N; to

378768 E, 3360391 N; to 379124 E, 3360362

N; to 379420 E, 3360125 N; to 379717 E,

3359635 N; to 379717 E, 3358998 N; to

379643 E, 3358316 N; to 379613 E, 3358123

N; to 379702 E, 3357604 N; to 379924 E,

3357026 N; to 380028 E, 3356641 N; to

379998 E, 3356122 N; to 379954 E, 3355662

N; to 379702 E, 3354728 N; to 379435 E,

3354580 N; to 379124 E, 3354565 N; to

378783 E, 3354698 N; to 378353 E, 3355114

N; to 378204 E, 3355662 N; to 377923 E,

3355899 N; to 377760 E, 3356448 N; to

377775 E, 3356744 N; to 378086 E, 3356996

N; and thence to point of beginning.

Unit AL–2: Dauphin, Little Dauphin, and

Pelican Islands.

This unit begins at UTM 371083 E,

3345318 N; to 392178 E, 3351743 N; to

398229 E, 3346603 N; to 395819 E, 3341998

N; to 393999 E, 3341945 N; to 389876 E,

3345746 N; to 371618 E, 3343230 N, thence

northwesterly to point of beginning. This

unit encompasses Dauphin, Little Dauphin,

and Pelican Islands.

Unit AL–3: Fort Morgan.

This unit begins at 401192 E, 3344885 N;

to 401534 E, 3345098 N; to 402007 E,

3344340 N; to 401820 E, 3344041 N; to

402876 E, 3344274 N; to 403068 E, 3343313

N; to 402212 E, 3343088 N; to 401562 E,

3343010 N; to 401416 E, 3343019 N; to

401047 E, 3343106 N; to 400885 E, 3343214

N; to 400784 E, 3343360 N; to 400640 E,

3343675 N; to 400602 E, 3343866 N; to

400686 E, 3344143 N; and thence to point of

beginning.

Mississippi

Projection: Universal Transverse Mercator,

Zone 16.

Unit MS–1: Waveland.

This unit begins at UTM 267756 E,

3349889 N; to 269537 E, 3350370 N; to

270344 E, 3350774 N; to 271296 E, 3351446

N; to 271968 E, 3352365 N; to 272764 E,

3353037 N; to 275060 E, 3354045 N; to

275744 E, 3354617 N; to 276438 E, 3355827

N; to 276450 E, 3356286 N; to 276104 E,

3356761 N; to 276747 E, 3357000 N; to

276899 E, 3356839 N; to 277095 E, 3356504

N; to 277107 E, 3355751 N; to 276170 E,

3354056 N; to 274807 E, 3353025 N; to

273106 E, 3352394 N; to 272361 E, 3351760

N; to 271717 E, 3350899 N; to 270609 E,

3350084 N; to 269762 E, 3349668 N; to

267675 E, 3349042 N; to 267194 E, 3348408

N; to 267225 E, 3347624 N; to 266665 E,

3347301 N; to 266495 E, 3347963 N; to

266579 E, 3348679 N; to 267028 E, 3349452

N; and thence to point of beginning.

Unit MS–2: Henderson Point.

This unit begins at UTM 280338 E,

3354688 N; to 280790 E, 3354728 N; to

281602 E, 3354928 N; to 283013 E, 3355433

N; to 283585 E, 3355606 N; to 283838 E,

3354835 N; to 283678 E, 3354781 N; to

283492 E, 3354835 N; to 283252 E, 3354715

N; to 281988 E, 3354262 N; to 281216 E,

3354063 N; to 280458 E, 3353943 N; to

279433 E, 3353956 N; to 279433 E, 3354715

N; and thence to point of beginning.

Unit MS–3: Pass Christian.

This unit begins at UTM 283925 E,

3355530 N; to 284382 E, 3355904 N; to

285671 E, 3356362 N; to 287168 E, 3356985

N; to 289102 E, 3357422 N; to 290058 E,

3357609 N; to 291139 E, 3358108 N; to

292865 E, 3358815 N; to 293738 E, 3359023

N; to 293863 E, 3358295 N; to 293177 E,

3358129 N; to 292657 E, 3357879 N; to

292137 E, 3357734 N; to 290516 E, 3357006

N; to 287480 E, 3356278 N; to 286503 E,

3355925 N; to 286149 E, 3355759 N; to

284673 E, 3355218 N; to 284403 E, 3355010

N; and thence to point of beginning.

Unit MS–4: Long Beach.

This unit begins at UTM 293933 E,

3359057 N; to 294542 E, 3359478 N; to

295646 E, 3359961 N; to 296402 E, 3360161

N; to 297989 E, 3360791 N; to 298189 E,

3360077 N; to 297411 E, 3359762 N; to

296644 E, 3359467 N; to 295992 E, 3359310

N; to 294658 E, 3358690 N; to 294395 E,

3358427 N; and thence to point of beginning.

Unit MS–5: Gulfport.

This unit begins at UTM 299324 E,

3361159 N; to 300185 E, 3361611 N; to

301919 E, 3362147 N; to 302581 E, 3362168

N; to 303012 E, 3362378 N; to 303475 E,

3362441 N; to 303590 E, 3361727 N; to

303212 E, 3361653 N; to 302781 E, 3361453

N; to 301867 E, 3361359 N; to 300333 E,

3360886 N; to 299702 E, 3360550 N; and

thence to point of beginning.

Unit MS–6: Mississippi City.

This unit begins at UTM 303717 E,

3361711 N; to 303536 E, 3362466 N; to

304291 E, 3362647 N; to 305260 E, 3362827

N; to 306163 E, 3363139 N; to 307493 E,

3363468 N; to 311237 E, 3363829 N; to

311286 E, 3363107 N; to 307641 E, 3362729

N; and thence to point of beginning.

Unit MS–7: Beauvoir.

This unit begins at UTM 311549 E,

3363796 N; to 312075 E, 3363895 N; to

312075 E, 3363123 N; to 311533 E, 3363090

N; and thence to point of beginning.

Unit MS–8: Biloxi West.

This unit begins at UTM 312255 E,

3363780 N; to 313536 E, 3363944 N; to

315605 E, 3364043 N; to 317657 E, 3364026

N; to 318051 E, 3363960 N; to 317969 E,

3363189 N; to 316065 E, 3363336 N; to

314652 E, 3363205 N; to 312682 E, 3363107

N; to 312419 E, 3363057 N; and thence to

point of beginning.

Unit MS–9: Biloxi East.

This unit begins at UTM 319020 E,

3363813 N; to 319316 E, 3363895 N; to

320498 E, 3363731 N; to 320416 E, 3363024

N; to 319381 E, 3363139 N; to 319119 E,

3363057 N; and thence to point of beginning.

Unit MS–10: Ocean Springs West.

This unit begins at UTM 323027 E,

3365750 N; to 323897 E, 3365438 N; to

324997 E, 3364814 N; to 324554 E, 3364207

N; to 323848 E, 3364617 N; to 323240 E,

3364896 N; to 322698 E, 3365110 N; and

thence to point of beginning.

Unit MS–11: Ocean Springs East.

This unit begins at UTM 325670 E,

3364338 N; to 326409 E, 3363796 N; to

326967 E, 3363681 N; to 327427 E, 3363731

N; to 327805 E, 3364043 N; to 328314 E,

3363648 N; to 327723 E, 3363057 N; to

326787 E, 3362942 N; to 326229 E, 3363090

N; to 325736 E, 3363369 N; to 325260 E,

3363747 N; and thence to point of beginning.

Unit MS–12: Deer Island.

This unit encompasses Deer Island in

entirety. This unit begins at UTM 321533 E,

3361399 N; to 319662 E, 3362329 N; to

319218 E, 3362691 N; to 318602 E, 3362714

N; to 318711 E, 3363223 N; to 319626 E,

3363546 N; to 324209 E, 3361699 N; to

325499 E, 3360487 N; to 325621 E, 3359759

N; to 325363 E, 3359468 N; to 325016 E,

3359473 N; and thence to point of beginning.

Unit MS–13: Round Island.

This unit encompasses Round Island in

entirety. This unit begins at UTM 347673 E,

3353022 N; to 348061 E, 3352672 N; to

348250 E, 3352289 N; to 348222 E, 3351986

N; to 347891 E, 3351594 N; to 347470 E,

3351456 N; to 347233 E, 3351475 N; to

346997 E, 3351745 N; to 346940 E, 3352043

N; to 346651 E, 3352662 N; to 346618 E,

3352852 N; to 346727 E, 3353169 N; to

346888 E, 3353301 N; to 347086 E, 3353348

N; to 347271 E, 3353306 N; and thence to

point of beginning.

Unit MS–14: Mississippi Barrier Islands.

This unit begins at UTM 290469 E,

3346115 N; to 302098 E, 3349286 N; to

309998 E, 3345955 N; to 318634 E, 3350074

N; to 338564 E, 3349808 N; to 367130 E,

3344494 N; to 366200, 3338515, to 334046 E,

3343962 N; to 321026 E, 3344892 N; to

310131 E, 3340242 N; to 302558 E, 3344361

N; to 298398 E, 3341534 N; thence

northwesterly to point of beginning. This

unit encompasses Cat, East and West Ship,

Horn, Spoil, and Petit Bois Islands.

Unit MS–15: North and South Rigolets.

This unit begins at UTM 366028 E,

3360924 N; to 366177 E, 3360549 N; to

366219 E, 3359868 N; to 366097 E, 3359298

N; to 366208 E, 3358902 N; to 366614 E,

3359003 N; to 366918 E, 3358853 N; to

367040 E, 3358499 N; to 366984 E, 3358225

N; to 366457 E, 3357633 N; to 366127 E,

3357492 N; to 365157 E, 3356726 N; to

364542 E, 3356772 N; to 364311 E, 3357045

N; to 364280 E, 3357236 N; to 364379 E,

3357547 N; to 364658 E, 3357841 N; to

365121 E, 3357880 N; to 365540 E, 3358226

N; to 365353 E, 3358519 N; to 365291 E,

3359068 N; to 365371 E, 3359333 N; to

365346 E, 3359848 N; to 365312 E, 3360173

N; to 365122 E, 3360414 N; to 365127 E,

3360796 N; to 365364 E, 3361062 N; to

365667 E, 3361140 N; to 365831 E, 3361100

N; and thence to point of beginning.

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41805

41806 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

Louisiana

Projections: Universal Transverse Mercator,

Zones 15 and 16.

Unit LA–1: Texas/Louisiana border to eastern

Vermilion Parish line (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 549921 E,

3270899 N; to 566322 E, 3267417 N; to

571958 E, 3268197 N; to 577923 E, 3271736

N; to 582480 E, 3273402 N; to 592852 E,

3273900 N; to 593548 E, 3273291 N; to

592282 E, 3272379 N; to 582604 E, 3272411

N; to 578272 E, 3270822 N; to 572228 E,

3267247 N; to 564070 E, 3266639 N; to

533684 E, 3272905 N; to 525059 E, 3276025

N; to 501487 E, 3287178 N; to 482367 E,

3292713 N; to 476081 E, 3293464 N; to

467070 E, 3291634 N; to 453754 E, 3292703

N; to 435729 E, 3290424 N; to 426892 E,

3288473 N; to 419648 E, 3284415 N; to

418566 E, 3284630 N; to 418959 E, 3285566

N; to 426625 E, 3289421 N; to 435613 E,

3291411 N; to 453710 E, 3293699 N; to

466987 E, 3292644 N; to 474538 E, 3294391

N; to 478889 E, 3294275 N; to 494448 E,

3290582 N; to 503238 E, 3287582 N; to

525371 E, 3276955 N; to 533044 E, 3274141

N; and thence to point of beginning.

Unit LA–2: Wax Lake Outlet (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 646782 E,

3269766 N; to 652296 E, 3271086 N; to

654392 E, 3271086 N; to 670855 E, 3263787

N; to 671787 E, 33255322 N; to 658547 E,

3247455 N; to 652529 E, 3250973 N; to

656722 E, 3259205 N; to 654936 E, 3262466

N; to 648180 E, 3261069 N; to 644763 E,

3265573 N; thence northeasterly to point of

beginning. This unit encompasses the Wax

Lake Outlet and Lower Atchafalaya River

Deltas.

Unit LA–3: Point Au Fer Island (Universal

Transverse Mercator, Zone 15)

This unit encompasses the small island at

the western tip of Point Au Fer Island in

entirety. This unit has two subunits. The first

subunit begins at UTM 660362 E, 3246187 N;

to 660677 E, 3245831 N; to 660809 E,

3245294 N; to 660594 E, 3244817 N; to

660164 E, 3244544 N; to 659870 E, 3244668

N; to 659655 E, 3244980 N; to 659598 E,

3245719 N; to 659892 E, 3246267 N; and

thence to point of beginning. The second

subunit begins at UTM 688276 E, 3230473 N;

to 688513 E, 3230493 N; to 689239 E,

3231156 N; to 689719 E, 3230479 N; to

689101 E, 3229629 N; to 688456 E, 3229355

N; to 687982 E, 3229452 N; to 687340 E,

3229933 N; to 686659 E, 3230000 N; to

686483 E, 3230138 N; to 686095 E, 3230037

N; to 685320 E, 3230088 N; to 684886 E,

3230342 N; to 684541 E, 3230938 N; to

683506 E, 3231763 N; to 683116 E, 3232252

N; to 681730 E, 3233236 N; to 681153 E,

3233006 N; to 679008 E, 3233530 N; to

674128 E, 3233699 N; to 667883 E, 3235988

N; to 666497 E, 3236823 N; to 664425 E,

3238610 N; to 663278 E, 3240153 N; to

661418 E, 3242077 N; to 660332 E, 3243790

N; to 660133 E, 3244344 N; to 660844 E,

3244690 N; to 662060 E, 3242757 N; to

663898 E, 3240858 N; to 665026 E, 3239333

N; to 666965 E, 3237663 N; to 667576 E,

3237238 N; to 668081 E, 3237128 N; to

668326 E, 3236866 N; to 674311 E, 3234674

N; to 679071 E, 3234524 N; to 681153 E,

3234037 N; to 681294 E, 3234104 N; to

681381 E, 3234648 N; to 681855 E, 3234763

N; to 682179 E, 3234426 N; to 682221 E,

3234059 N; to 683400 E, 3233242 N; to

684054 E, 3232541 N; to 684844 E, 3231990

N; to 685198 E, 3231636 N; to 685464 E,

3231096 N; to 686967 E, 3231116 N; to

687132 E, 3230975 N; to 687651 E, 3230868

N; and thence to point of beginning.

Unit LA–4: Isles Dernieres (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 698530 E,

3217432 N; to 708782 E, 3216806 N; to

715277 E, 3216806 N; to 731084 E, 3219388

N; to 731084 E, 3216962 N; to 716920 E,

3213363 N; to 707529 E, 3213910 N; to

698530 E, 3214536 N; thence northerly to

point of beginning. This unit encompasses

the Isles Dernieres chain.

Unit LA–5: Timbalier Islands to Grand Terre

Islands (Universal Transverse Mercator,

Zone 15)

This unit begins at UTM 737901 E,

3223034 N; to 749533 E, 3219087 N; to

763242 E, 3221995 N; to 803331 E, 3250243

N; to 806862 E, 3246089 N; to 773005 E,

3219087 N; to 763865 E, 3215349 N; to

749325 E, 3213479 N; to 735824 E, 3219295

N; thence northerly to point of beginning.

This unit encompasses West and East

Timbalier, follows MLW from Belle Pass to

Cheniere Caminada, Grand Isle, and Grand

Terre Islands.

Unit LA–6: Mississippi River Delta.

(Universal Transverse Mercator, Zone

16)

This unit begins at UTM 267834 E,

3247846 N; to 268961 E, 3249198 N; to

271503 E, 3250653 N; to 287395 E, 3254768

N; to 315258 E, 3241711 N; to 317534 E,

3220817 N; to 294326 E, 3197342 N; to

259412 E, 3193296 N; to 251566 E, 3208850

N; to 266348 E, 3225720 N; thence

northeasterly following Tiger Pass to the

Mississippi River; thence to point of

beginning. This unit encompasses the

Mississippi River delta.

Unit LA–7: Breton Islands and Chandeleur

Island Chain (Universal Transverse

Mercator, Zone 16)

This unit begins at UTM 310382 E,

3328490 N; to 327636 E, 3327583 N; to

329708 E, 3302375 N; to 316990 E, 3279632

N; to 293519 E, 3258792 N; to 281941 E,

3258032 N; to 282185 E, 3262771 N; to

307096 E, 3298127 N; thence to point of

beginning. This unit encompasses Breton

Islands and the Chandeleur Island Chain.

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41807

41808 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

Texas

Projections: Universal Transverse Mercator,

Zones 14 and 15.

Unit TX–1: South Bay and Boca Chica

(Universal Transverse Mercator, Zone

14)

This unit begins at UTM 685873 E,

2872207 N; thence southwesterly to 685500

E, 2872000 N; thence to 684447 E, 2873206

N; to 683448 E, 2873264 N; to 682935 E,

2872978 N; to 682479 E, 2873691 N; to

681252 E, 2873891 N; thence westerly to

676573 E, 2873834 N; thence northerly to

675546 E, 2879026 N and thence along the

Brownsville Ship Channel to 683862 E,

2884018 N; to 685159 E, 2884283 N; thence

southerly parallel to the shoreline to 685041

E, 2882500 N; to 685040 E, 2879649 N; to

685338 E, 2875729 N; to 685873 E, 2872208

N; thence to point of beginning.

Unit TX–2: Queen Isabella Causeway

(Universal Transverse Mercator, Zone

14)

This is made up of two sub-units. The

more northerly sub-unit begins at UTM

683465 E, 2887073 N; thence southerly to

683454 E, 2886979 N; to 683465 E, 2886565

N; thence westerly to 683087 E, 2886542 N;

thence northerly to 683075 E, 2886754 N;

thence northeasterly to 683205 E, 2886955 N;

to 683288 E, 2887050 N; to 683383 E,

2887109 N; thence southeasterly to the point

of beginning. The southerly sub-unit begins

at UTM 683454 E, 2886423 N; thence

southerly to 683489 E, 2886045 N; to 683489

E, 2885939 N; to 683489 E, 2885844 N; to

683489 E, 2885785 N; thence westerly to

683383, 2885750 N; to 683312 E, 2885750 N;

thence northwesterly to 683217 E, 2885785

N; to 683158 E, 2885856 N; thence northerly

to 683146 E, 2886045 N; to 683111 E,

2886128 N; to 683111 E, 2886246 N; to

683182 E, 2886412 N; and thence easterly to

point of beginning.

Unit TX–3: Padre Island (Universal

Transverse Mercator, Zone 14)

This unit includes the beach of Padre

Island from UTM 660374 E, 2987111 N; to

660873 E, 2987115 N; to 660747 E, 2992864

N; to 660888 E, 2999146 N; to 661150 E,

3003029 N; to 662048 E, 3010653 N; to

663661 E, 3019205 N; to 665497 E, 3026173

N; to 666273 E, 3028714 N; to 667846 E,

3033212 N; to 668149 E, 3034271 N; to

671567 E, 3042803 N; to 673332 E, 3046907

N; to 674139 E, 3048460 N; to 675420 E,

3051375 N; to 675500 E, 3051284 N; to

675218 E, 3050568 N; to 671295 E, 3041835

N; to 668471 E, 3034725 N; to 666596 E,

3029158 N; to 665587 E, 3025830 N; to

664024 E, 3019800 N; to 662824 E, 3014041

N; to 662148 E, 3010280 N; to 661362 E,

3003513 N; to 661069 E, 2999348 N; to

660868 E, 2992702 N; to 661034 E, 2987105

N; to 661368 E, 2983370 N; to 661807 E,

2980583 N; to 662399 E, 2975676 N; to

663022 E, 2971878 N; to 664648 E, 2964434

N; to 665848 E, 2959511 N; to 668972 E,

2947853 N; to 671919 E, 2939214 N; to

672421 E, 2939087 N; to 672635 E, 2937587

N; to 674836 E, 2930642 N; to 676729 E,

2924226 N; to 680368 E, 2910491 N; to

681467 E, 2905154 N; to 682506 E, 2898584

N; to 683065 E, 2894294 N; to 683071 E,

2891861 N; to 683185 E, 2891886 N; to

682858 E, 2893768 N; thence from this point

at the beach westerly to 680000 E, 2893665

N and including the width of the island and

into the waters of the Laguna Madre; thence

northwesterly, paralleling Padre Island to a

point in the Land Cut at 652835 E, 2965385

N; thence westerly to 651755 E, 2965790 N;

thence southwesterly to 651619 E, 2957672

N; thence southerly to 652835 E, 2965385 N;

thence westerly to 652280 E, 2958438 N;

thence northerly to 650549 E, 2961126 N; to

648431 E, 2963764 N; to 646973 E, 2965847

N; to 645029 E, 2967653 N; to 643640 E,

2969319 N; to 643363 E, 2971263 N; thence

easterly to 652598 E, 2971263 N; thence

northeasterly following the east side of the

Gulf Intercoastal Waterway to 661249 E,

3029777 N; thence easterly to 663623 E,

3029895 N; thence southerly to 663207 E,

3021943 N; to 662495 E, 3019451 N; to

661664 E, 3015712 N; to 661308 E, 3011380

N; to 660655 E, 3004971 N; to 660181 E,

2998324 N; to 660121, 2990254 N; to 660121

E, 2987108 N; and thence to point of

beginning.

Unit TX–4: Lower Laguna Madre Mainland

(Universal Transverse Mercator, Zone

14)

This unit begins at UTM 658444 E,

2935883 N; thence southward to 671624 E,

2904045 N; thence westward to 666802 E,

2903931 N; thence northward to 664748 E,

2908439 N; to 663978 E, 2914002 N; to

661225 E, 2916427 N; to 659585 E, 2921419

N; to 657032 E, 2925071 N; to 656019 E,

2929378 N; to 654664 E, 2932830 N; to

654963 E, 2935227 N; to 655063 E, 2935854

N; and thence eastward to the point of

beginning.

Unit TX–5: Upper Laguna Madre (Universal

Transverse Mercator, Zone 14)

This unit begins at UTM 673798 E,

3052081 N; thence southward to 672053 E,

3048473 N; to 670653 E, 3045733 N; thence

westward to 669263 E, 3046403 N; thence

northward to 672112 E, 3053008 N; and

thence eastward to the point of beginning.

Unit TX–6: Mollie Beattie Coastal Habitat

(Universal Transverse Mercator, Zone

14)

This unit begins at UTM 678172 E,

3059908 N; thence southward to 677405 E,

3058094 N; thence eastward to 677858 E,

3057833 N; to 678119 E, 3057686 N; thence

southward to 677767 E, 3056960 N; thence

westward to 677053 E, 3057255 N; thence

southward to 676671 E, 3056774 N; to

676301 E, 3056162 N; thence northeastward

to 676242 E, 3056497 N; to 676104 E,

3056951 N; to 676006 E, 3057286 N; to

675809 E, 3057601 N; to 675477 E, 3058111

N; to 674978 E, 3058560 N; to 674404 E,

3058784 N; thence northward to 674728 E,

3060656 N; and thence eastward to the point

of beginning.

Unit TX–7: Newport Pass/Corpus Christi Pass

Beach (Universal Transverse Mercator,

Zone 14)

This unit begins at UTM 677048 E,

3055202 N; to 678177 E, 3057815 N; to

680170 E, 3061978 N; to 680502 E, 3062531

N; to 680746 E, 3062775 N; to 680834 E,

3062709 N; to 680701 E, 3062399 N; to

680192 E, 3061442 N; to 679468 E, 3059840

N; to 678709 E, 3058435 N; to 677601 E,

3055977 N; to 677469 E, 3055468 N; to

677225 E, 3055069 N; and thence to point of

beginning.

Unit TX–8: Mustang Island Beach (Universal

Transverse Mercator, Zone 14)

This unit begins at the north side of the

jetties at Fish Pass at UTM 691226 E,

3078851 N; to 690776 E, 3078110 N; to

690080 E, 3077455 N; to 688505 E, 3075340

N; to 686613 E, 3072634 N; to 682546 E,

3065647 N; to 680966 E, 3062643 N; to

680881 E, 3062955 N; to 680966 E, 3063309

N; to 682482 E, 3066143 N; to 684870 E,

3070253 N; to 686819 E, 3073399 N; to

687074 E, 3073696 N; to 687315 E, 3074221

N; to 691028 E, 3079167 N; and thence to

point of beginning.

Unit TX–9: Fish Pass Lagoons (Universal

Transverse Mercator, Zone 14)

This unit begins at UTM 680442 E, 65066

N; thence southwesterly to 679648 E, 64333

N; to 678517 E, 3063863 N; thence westerly

to 678231 E, 3064003 N; thence northeasterly

to 679550 E, 3065735 N; and thence to point

of beginning.

Unit TX–10: Shamrock Island and adjacent

Mustang Island Flats (Universal

Transverse Mercator, Zone 14)

This unit begins at UTM 681034 E,

3072873 N; thence southeasterly to 681886 E,

3070162 N; thence southerly to 680698 E,

3066887 N; thence westerly to 680028 E,

3067222 N; thence northerly to 679600 E,

3072256 N; and thence to point of beginning.

This unit includes Shamrock Island in it’s

entirety.

Unit TX–11: Blind Oso (Universal Transverse

Mercator, Zone 14)

This unit begins at UTM 664615 E,

3067077 N; thence southerly to 664641 E,

3066483 N; thence southeasterly to 665028 E,

3066238 N; thence southerly to 664938 E,

3066122 N; thence northwesterly to 664073

E, 3066612 N; thence northerly to 664241 E,

3066780 N; to 664537 E, 3067142 N; and

thence easterly to the point of beginning.

Unit TX–12: Adjacent to Naval Air StationCorpus Christi (Universal Transverse

Mercator, Zone 14)

This unit begins at UTM 667351 E,

3066070 N; thence southerly to 667196 E,

3065347 N; to 667635 E, 3064702 N; thence

westerly to 666848 E, 3064457 N; thence

northerly to 666706 E, 3066070 N; and

thence easterly to the point of beginning.

Unit TX–13: Sunset Lake (Universal

Transverse Mercator, Zone 14)

This unit begins at UTM 665015 E,

3083380 N; thence southwesterly to 661801

E, 3081237 N; thence northwesterly to

661246 E, 3081612 N; thence northeasterly to

661801 E, 3082206 N; to 662885 E, 3083083

N; to 664344 E, 3084335 N; to 665015 E,

3083380 N; and thence southeasterly to the

point of beginning.

Unit TX–14: East Flats (Universal Transverse

Mercator, Zone 14)

This unit begins at UTM 688637 E,

3079701 N; thence southerly to 688650 E,

3078204 N; thence westerly to 687295,

3077868 N; to 686673 E, 3077871 N; to

686532 E, 3077816 N; to 685545 E, 3077621

N; thence northwesterly to 685426 E,

3077643 N; to 685295 E, 3077708 N; to

684519 E, 3078707 N; thence easterly to

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41809

686559 E, 3079172 N; to 687036 E, 3079314

N; to 687966 E, 3079546 N; and thence to

point of beginning.

Unit TX–15: North Pass (Universal

Transverse Mercator, Zone 14)

This unit begins at UTM 695839 E,

3087963 N; thence southerly to 694626 E,

3086194 N; thence westerly to 692974 E,

3086375 N; thence northwesterly to 692626

E, 3086956 N; thence northerly to 693168 E,

3089021 N; thence northeasterly to 694562 E,

3089486 N; and thence southeasterly to the

point of beginning.

Unit TX–16: San Jose Beach (Universal

Transverse Mercator, Zone 14)

This unit includes the entire Gulf beach of

San Jose Island and begins at UTM 697916

E, 3090741 N; to 700216 E, 3093904 N; to

703257 E, 3097615 N; to 705831 E, 3100584

N; to 710300 E, 3105408 N; to 710897 E,

3105618 N; to 710461 E, 3105021 N; to

708356 E, 3102778 N; to 706766 E, 3100906

N; to 705105 E, 3099244 N; to 703096 E,

3096921 N; to 701022 E, 3094420 N; to

699957 E, 3092903 N; to 695841 E, 3087614

N; to 695332 E, 3086917 N; to 694859 E,

3086143 N; to 693890 E, 3084377 N; to

693342 E, 3083367 N; to 692955 E, 3082544

N; to 692535 E, 3080979 N; to 692342 E,

3081012 N; to 692342 E, 3081415 N; to

692745 E, 3082625 N; to 693431 E, 3084061

N; to 694609 E, 3086175 N; to 695835 E,

3087982 N; and thence to point of beginning.

Unit TX–17: Allyn’s Bight (Universal

Transverse Mercator, Zone 14)

This unit begins at UTM 698887 E,

3094781 N; thence southward to 698101 E,

3093295 N; to 697384 E, 3092596 N; thence

northwesterly to 697191 E, 3092969 N;

thence northeasterly to 697943 E, 3093872 N;

to 698398 E, 3094869 N; and thence easterly

to point of beginning.

Unit TX–18: Cedar Bayou/Vinson Slough

(Universal Transverse Mercator, Zone

14)

This unit begins at UTM 711954 E,

3107022 N; thence southwesterly to 711432

E, 3106460 N; to 711075 E, 3105869 N; to

710566 E, 3105548 N; thence westerly to

708930 E, 3106574 N; to 708748 E, 3106453

N; to 707307 E, 3106358 N; thence

southwesterly to 705867 E, 3105048 N; to

704008 E, 3104106 N; to 701894 E, 3102770

N; to 700367 E, 3100768 N; thence westerly

to 699745 E, 3101079 N; thence northeasterly

to 700884 E, 3102885 N; to 701966 E,

3104814 N; to 702879 E, 3105294 N; to

703234 E, 3107891 N; to 704336 E, 3109535

N; to 705576 E, 3110323 N; to 707448 E,

3110722 N; thence southeasterly to 708389 E,

3108657 N; to 710986 E, 3107648 N; thence

easterly to 711981 E, 3107626 N; and thence

southerly to point of beginning.

Unit TX–19: Matagorda Island Beach

(Universal Transverse Mercator, Zone

14)

This unit begins at UTM 711679 E,

3106700 N; to 712072 E, 3107143 N; to

719482 E, 3114003 N; to 727781 E, 3120888

N; to 731368 E, 3123559 N; to 732625 E,

3124632 N; to 734907 E, 3126297 N; to

736453 E, 3127359 N; to 738783 E, 3128933

N; to 744276 E, 3132173 N; to 747274 E,

3133613 N; to 751925 E, 3135990 N; to

753306 E, 3137575 N; to 753885 E, 3138902

N; to 754016 E, 3139896 N; to 753970 E,

3141206 N; to 754226 E, 3142689 N; to

754891 E, 3143456 N; to 756294 E, 3142070

N; to 756267 E, 3140080 N; to 753623 E,

3136859 N; to 752353 E, 3135655 N; to

744093 E, 3131440 N; to 738712 E, 3128193

N; to 733096 E, 3124292 N; to 730729 E,

3122457 N; to 726289 E, 3119160 N; to

722048 E, 3115757 N; to 718679 E, 3112894

N; to 715853 E, 3110286 N; to 713342 E,

3107943 N; to 712318 E, 3106961 N; to

711439 E, 3106254 N; to 711350 E, 3106315

N; and thence to point of beginning.

Unit TX–20: Ayres Point. (Universal

Transverse Mercator, Zone 14)

This unit begins at UTM 719291 E,

3120010 N; thence southerly to 719459 E,

3119190 N; to 719313 E, 3118595 N; to

718584 E, 3116977 N; thence westerly to

717684 E, 3117280 N; thence northeasterly to

716516 E, 3119572 N; thence northwesterly

to 717134 E, 3119920 N; and thence easterly

to the point of beginning.

Unit TX–21: Panther Point to Pringle Lake.

(Universal Transverse Mercator, Zone

14)

This unit begins at UTM 747208 E,

3136566 N; to 747398 E, 3135618 N; to

746779 E, 3135217 N; to 744211 E, 3135163

N; to 742997 E, 3134973 N; to 741707 E,

3134290 N; to 741290 E, 3133531 N; to

739696 E, 3132583 N; to 738141 E, 3132317

N; to 737117 E, 3131483 N; to 735561 E,

3130951 N; to 734461 E, 3130306 N; to

733740 E, 3129282 N; to 732412 E, 3128789

N; to 730629 E, 3126513 N; to 730212 E,

3125375 N; to 728277 E, 3123819 N; to

726456 E, 3122947 N; to 725773 E, 3121808

N; to 725052 E, 3123516 N; to 726722 E,

3123705 N; to 728922 E, 3125147 N; to

730515 E, 3127613 N; to 732943 E, 3130231

N; to 733816 E, 3131445 N; to 735334 E,

3132507 N; to 737382 E, 3133304 N; to

739658 E, 3133304 N; to 740417 E, 3133873

N; to 740683 E, 3134593 N; to 742580 E,

3135921 N; to 744856 E, 3136187 N; and

thence to point of beginning.

Unit TX–22: Decros Point. (Universal

Transverse Mercator, Zone 14)

This unit begins at UTM 758150 E,

3144162 N; to 757876 E, 3143728 N; to

757587 E, 3143470 N; to 757555 E, 3143229

N; to 756880 E, 3142747 N; to 755947 E,

3142843 N; to 755272 E, 3143406 N; to

760175 E, 3148148 N; to 761091 E, 3148261

N; to 761332 E, 3147939 N; to 757729 E,

3144573 N; to 757882 E, 3144345 N; to

760539 E, 3146652 N; to 761188 E, 3147069

N; to 761332 E, 3147157 N; to 761558 E,

3147193 N; to 761528 E, 3147054 N; to

760709 E, 3146529 N; to 759310 E, 3145381

N; and thence to point of beginning.

Unit TX–23: West Matagorda Peninsula

Beach. (Universal Transverse Mercator,

Zone 14)

This unit begins at UTM 762390 E,

3147270 N; to 763800 E, 3148958 N; to

767399 E, 3151653 N; to 771970 E, 3154759

N; to 774347 E, 3156019 N; to 775973 E,

3156956 N; to 782779 E, 3160686 N; to

786739 E, 3162808 N; to 788931 E, 3163921

N; to 790221 E, 3164575 N; to 792095 E,

3165530 N; to 793103 E, 3166025 N; to

793491 E, 3166202 N; to 794030 E, 3166130

N; to 794570 E, 3166591 N; to 794839 E,

3166662 N; to 795024 E, 3166870 N; to

795140 E, 3167170 N; to 795278 E, 3167262

N; to 795324 E, 3166939 N; to 795105 E,

3166546 N; to 794712 E, 3166407 N; to

794388 E, 3166084 N; to 793972 E, 3165899

N; to 793672 E, 3166014 N; to 793509 E,

3165919 N; to 792802 E, 3165636 N; to

786968 E, 3162578 N; to 783221 E, 3160616

N; to 778377 E, 3157946 N; to 777069 E,

3157151 N; to 775443 E, 3156232 N; to

771403 E, 3154089 N; to 770779 E, 3153557

N; to 769023 E, 3152424 N; to 767729 E,

3151408 N; to 766111 E, 3150321 N; to

763661 E, 3148426 N; to 763222 E, 3147964

N; to 762598 E, 3147062 N; and thence to

point of beginning.

Unit TX–24: West Matagorda Bay/Western

Peninsula Flats. (Universal Transverse

Mercator, Zone 14)

This unit begins at UTM 774345 E,

3156133 N; thence southwesterly to 772428

E, 3155203 N; to 771876 E, 3154746 N; to

770867 E, 3154257 N; to 768249 E, 3152806

N; to 765489 E, 3151418 N; thence

northwesterly to 765110 E, 3152049 N;

thence northeasterly to 771105 E, 3155912 N;

to 771973 E, 3156571 N; to 773682 E,

3157269 N; and thence southeasterly to the

point of beginning.

Unit TX–25: West Matagorda Bay/Eastern

Peninsula Flats. (Universal Transverse

Mercator, Zone 14)

This unit begins at UTM 787656 E,

3163708 N; thence southwesterly to 786095

E, 3163152 N; to 783571 E, 3161938 N;

thence northeasterly to 783256 E, 3162774 N;

thence northwesterly to 784191 E, 3163414

N; to 787165 E, 3164493 N; thence

southeasterly to 787719 E, 3164272 N; and

thence southerly to the point of beginning.

Unit TX–26: Colorado River Diversion Delta.

(Universal Transverse Mercator, Zone

15)

This unit begins at UTM 208237 E,

3173005 N; thence southerly to 208268 E,

3172820 N; to 208268 E, 3172279 N; to

207882 E, 3171630 N; to 207882 E, 3171429

N; to 207898 E, 3170750 N; to 207280 E,

3170039 N; thence westerly to 206677 E,

3169931 N; thence northwesterly to 206044

E, 3170672 N; to 205766 E, 3171059 N;

thence northeasterly to 206476 E, 3171677 N;

thence northerly to 206708 E, 3172712 N;

thence easterly to 207002 E, 3172882 N; to

207202 E, 3172866 N; to 207836 E, 3172851

N; and thence northeasterly to point of

beginning.

Unit TX–27: East Matagorda Bay/Matagorda

Peninsula Beach West. (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 226862 E,

3175139 N; to 227500 E, 3175402 N; to

227677 E, 3175329 N; to 227750 E, 3175152

N; to 227603 E, 3174924 N; to 225118 E,

3173669 N; to 222899 E, 3172573 N; to

219782 E, 3171187 N; to 218231 E, 3170379

N; to 214364 E, 3168832 N; to 213023 E,

3168216 N; to 210968 E, 3167468 N; to

208653 E, 3166425 N; to 208462 E, 3166425

N; to 208326 E, 3166560 N; to 208381 E,

3166833 N; to 208702 E, 3167021 N; to

210773 E, 3167929 N; to 212835 E, 3168679

N; to 214169 E, 3169293 N; to 218035 E,

3170840 N; to 219568 E, 3171639 N; to

222686 E, 3173025 N; and thence to point of

beginning.

41810 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

Unit TX–28: East Matagorda Bay/Matagorda

Peninsula Beach East. (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 236392 E,

3179828 N; to 235729 E, 3179498 N; to

235553 E, 3179571 N; to 235479 E, 3179748

N; to 235609 E, 3179967 N; to 239774 E,

3182423 N; to 240581 E, 3182748 N; to

244007 E, 3184674 N; to 244214 E, 3184681

N; to 244350 E, 3184546 N; to 244350 E,

3184354 N; to 244230 E, 3184226 N; to

240835 E, 3182317 N; to 240003 E, 3181979

N; to 238877 E, 3181350 N; and thence to

point of beginning.

Unit TX–29: Brown Cedar Cut. (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 238043 E,

3181533 N; thence southwesterly to 236358

E, 3180400 N; to 236358 E, 3180400 N; to

235673 E, 3180032 N; to 235410 E, 3180611

N; to 236068 E, 3181691 N; to 236331 E,

3182086 N; to 237438 E, 3181954 N; to

237912 E, 3181717 N; and thence to point of

beginning.

Unit TX–30: Northeast Corner East

Matagorda Bay. (Universal Transverse

Mercator, Zone 15)

This unit begins at UTM 241179 E,

3183462 N; thence southerly to 241147 E,

3182929 N; thence southwesterly to 240585

E, 3182506 N; to 239944 E, 3182291 N;

thence northwesterly to 239567 E, 3182891

N; to 239631 E, 3183361 N; to 239665 E,

3183610 N; to 239225 E, 3183483 N; to

239140 E, 3183483 N; to 239145 E, 3183678

N; to 239599 E, 3184486 N; to 240775 E,

3184232 N; and thence to point of beginning.

Unit TX–31: San Bernard NWR Beach.

(Universal Transverse Mercator, Zone

15)

This unit begins at UTM 251823 E,

3188411 N; to 251424 E, 3188346 N; to

251289 E, 3188482 N; to 251289 E, 3188673

N; to 251424 E, 3188808 N; to 252280 E,

3189177 N; to 254098 E, 3190183 N; to

255035 E, 3190831 N; to 258881 E, 3193084

N; to 260170 E, 3193947 N; to 260998 E,

3194386 N; to 261528 E, 3194537 N; to

262024 E, 3194968 N; to 262215 E, 3194968

N; to 262351 E, 3194833 N; to 262304 E,

3194568 N; to 261791 E, 3194109 N; to

261186 E, 3193922 N; to 260437 E, 3193524

N; to 259954 E, 3193158 N; to 257191 E,

3191562 N; to 254324 E, 3189735 N; and

thence to point of beginning.

Unit TX–32: Gulf Beach Between Brazos and

San Bernard Rivers. (Universal

Transverse Mercator, Zone 15)

This units begins at UTM 262548 E,

3194350 N; to 262128 E, 3194624 N; to

262128 E, 3194816 N; to 262264 E, 3194951

N; to 262601 E, 3194863 N; to 264453 E,

3194851 N; to 266249 E, 3195136 N; to

267426 E, 3195461 N; to 267698 E, 3196681

N; to 267929 E, 3196835 N; to 268160 E,

3196681 N; to 268048 E, 3195725 N; to

267920 E, 3195309 N; to 267682 E, 3195019

N; to 266342 E, 3194644 N; to 264500 E,

3194353 N; and thence to point of beginning.

Unit TX–33: Bryan Beach and Adjacent

Beach. (Universal Transverse Mercator,

Zone 15)

This unit begins at UTM 268624 E,

3196451 N; to 268185 E, 3196267 N; to

268009 E, 3196340 N; to 267935 E, 3196517

N; to 268009 E, 3196693 N; to 268293 E,

3196829 N; to 269534 E, 3197956 N; to

271225 E, 3199359 N; to 271664 E, 3199731

N; to 272205 E, 3200086 N; to 272374 E,

3200255 N; to 272509 E, 3200153 N; to

272577 E, 3200018 N; to 270278 E, 3198086

N; to 269289 E, 3197181 N; and thence to

point of beginning.

Unit TX–34: San Luis Pass. (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 293994 E,

3219228 N; to 293207 E, 3219413 N; to

292404 E, 3219814 N; to 292002 E, 3220484

N; to 292169 E, 3221053 N; to 292960 E,

3221348 N; to 294362 E, 3220852 N; to

294781 E, 3220718 N; to 294647 E, 3220367

N; to 294865 E, 3220283 N; to 294965 E,

3220166 N; to 297057 E, 3221773 N; to

298916 E, 3223246 N; to 299066 E, 3223012

N; to 295250 E, 3219898 N; to 294613 E,

3219396 N; and thence to point of beginning.

Unit TX–35: Big Reef. (Universal Transverse

Mercator, Zone 15)

This unit begins at UTM 330764 E,

3246116 N; to 330706 E, 3246117 N; to

330669 E, 3246029 N; to 330559 E, 3246024

N; to 330489 E, 3246033 N; to 330393 E,

3246059 N; to 330279 E, 3246050 N; to

330043 E, 3246068 N; to 329895 E, 3246146

N; to 330341 E, 3246304 N; to 330472 E,

3246348 N; to 330542 E, 3246365 N; to

330608 E, 3246377 N; to 330658 E, 3246407

N; to 330710 E, 3246416 N; to 330752 E,

3246415 N; to 330874 E, 3246434 N; to

330954 E, 3246436 N; to 331062 E, 3246433

N; to 331164 E, 3246442 N; to 331586 E,

3246563 N; to 331629 E, 3246569 N; to

331661 E, 3246568 N; to 331717 E, 3246554

N; to 331734 E, 3246545 N; to 331783 E,

3246513 N; to 331803 E, 3246513 N; to

331843 E, 3246524 N; to 331878 E, 3246529

N; to 332046 E, 3246533 N; to 332103 E,

3246519 N; to 332130 E, 3246502 N; to

332152 E, 3246483 N; to 332181 E, 3246432

N; to 332232 E, 3246391 N; to 332243 E,

3246306 N; to 332315 E, 3246165 N; to

332426 E, 3246070 N; to 332516 E, 3245965

N; to 332659 E, 3245879 N; to 332806 E,

3245776 N; to 332972 E, 3245701 N; to

332815 E, 3245718 N; to 332649 E, 3245753

N; to 332378 E, 3245788 N; to 332212 E,

3245797 N; to 332150 E, 3245718 N; to

332058 E, 3245667 N; to 331993 E, 3245753

N; to 331958 E, 3245910 N; to 331967 E,

3246068 N; to 331923 E, 3246181 N; to

331862 E, 3246208 N; to 331861 E, 3246218

N; to 331818 E, 3246213 N; to 331730 E,

3246215 N; to 331673 E, 3246229 N; to

331656 E, 3246239 N; to 331621 E, 3246262

N; to 331233 E, 3246151 N; to 331206 E,

3246146 N; to 331079 E, 3246134 N; to

330955 E, 3246156 N; to 330839 E, 3246126

N; to 330784 E, 3246117 N; and thence to

point of beginning.

Unit TX–36: Bolivar Flats. (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 333801 E,

3252955 N; thence southerly to 333711 E,

3252850 N; to 333454 E, 3252525 N; to

333344 E, 3252248 N; to 333195 E, 3251778

N; to 333158 E, 3251390 N; to 333158 E,

3251094 N; to 333026 E, 3250221 N; to

333140 E, 3249540 N; to 333251 E, 3249188

N to 333251 E, 3248634 N; thence southerly

to the jetties at 333300 E, 3248400 N; thence

westerly along the north edge of the north

jetties to 330155 E, 3250145 N; thence

northeasterly parallel to the shoreline of the

island to 333047 E, 3252610 N; to 333510 E,

3253203 N; and thence to point of beginning.

Unit TX–37: Rollover Pass. (Universal

Transverse Mercator, Zone 15)

This unit begins at UTM 355135 E,

3267188 N; thence southeasterly to 355227 E,

3267040 N; to 355671 E, 3266781 N; to

355819 E, 3266522 N; to 355764 E, 3266152

N; to 355523 E, 3265689 N; to 355135 E,

3265449 N; to 354654, 3265227 N; to 354358

E, 3265023 N; to 353618 E, 3265708 N; to

353063 E, 3266281 N; and thence

northeasterly to the point of beginning.

Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules 41811

41812 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Proposed Rules

1. The primary constituent elements

essential for the conservation of wintering

piping plovers are those habitat components

that support foraging, roosting, and sheltering

and the physical features necessary for

maintaining the natural processes that

support these habitat components. The

primary constituent elements include

intertidal beaches and flats (between annual

low tide and annual high tide) and associated

dune systems and flats above annual high

tide. Important components of intertidal flats

include sand and/or mud flats with no or

very sparse emergent vegetation. In some

cases, these flats may be covered or partially

covered by a mat of blue-green algae.

Adjacent non-or sparsely vegetated sand,

mud, or algal flats above high tide are also

important, especially for roosting piping

plovers, and are primary constituent

elements of piping plover wintering habitat.

Such sites may have debris, detritus

(decaying organic matter), or microtopographic relief (less than 50 cm above

substrate surface) offering refuge from high

winds and cold weather. Important

components of the beach/dune ecosystem

include surf-cast algae, sparsely vegetated

backbeach (beach area above mean high tide

seaward of the permanent dune line, or in

cases where no dunes exist, seaward of a

delineating feature such as a vegetation line,

structure, or road), spits, and washover areas.

Washover areas are broad, unvegetated zones,

with little or no topographic relief, that are

formed and maintained by the action of

hurricanes, storm surge, or other extreme

wave action.

2. Critical habitat does not include existing

developed sites consisting of buildings,

marinas, paved areas, boat ramps, and similar

structures.

* * * * *

Dated: June 28, 2000.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 00–16816 Filed 6–30–00; 9:00 am]

BILLING CODE 4310–55–C

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AG14

Endangered and Threatened Wildlife

and Plants; Proposed Designation of

Critical Habitat for the Great Lakes

Breeding Population of the Piping

Plover

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: We, the U.S. Fish and

Wildlife Service, propose to designate

37 units along the Great Lakes shoreline

of Minnesota, Wisconsin, Michigan,

Illinois, Indiana, Ohio, Pennsylvania,

and New York as critical habitat under

the Endangered Species Act of 1973, as

amended, for the Great Lakes breeding

population of the piping plover

(Charadrius melodus). We propose to

designate critical habitat on fewer than

305 km (189 mi) in 27 counties within

these States. Within these areas, only

the specific locations that have or could

develop the physical and biological

features required by piping plovers

(primary constituent elements) would

be considered critical habitat.

The primary constituent elements for

the piping plover are those habitat

components that are essential for

foraging, sheltering, reproduction,

rearing of young, intra-specific

communication, roosting, nesting, and

dispersal.

This proposed rule, if made final,

would result in additional review

requirements under section 7 of the Act.

Federal agencies may not fund,

authorize, or carry out an action that

would destroy or adversely modify

critical habitat. Section 4 of the Act

requires us to consider economic and

other impacts of specifying any

particular area as critical habitat. We

solicit data and comments from the

public on all aspects of this proposal,

including potential economic and other

impacts of the designation.

DATES: Comments: We will consider

comments received by September 5,

2000.

Public Hearings: We have scheduled

seven public hearings for this proposal.

See Hearings section for hearing dates

and addresses.

We will hold public informational

open houses at the same locations prior

to each public hearing. The

informational open houses will start at

6 pm. The public hearings will start at

7 pm and end at 9 pm.

ADDRESSES: Send written comments and

other materials concerning this proposal

to: Piping Plover Comments, U.S. Fish

and Wildlife Service, Bishop Henry

Whipple Federal Building, 1 Federal

Drive, Fort Snelling, MN 55111 or by email to

PIPINGPLOVERCOMMENT@FWS.GOV

or by facsimile to 612–713–5292.

The complete file for this proposed

rule, including 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 and at the U.S. Fish and

Wildlife Service, East Lansing Field

Office, 2651 Coolidge Road, Suite 101,

East Lansing, MI 48823.

FOR FURTHER INFORMATION CONTACT:

Laura J. Ragan; (612) 713–5350.

SUPPLEMENTARY INFORMATION:

Background

The piping plover (Charadrius

melodus), named for its melodic mating

call, is a small, pale-colored North

American shorebird. It weighs 43–63

grams (1.5–2.5 ounces) and is 17–18

centimeters (cm) (6–7 inches (in.)) long

(Haig 1992). Its light, sand-colored

plumage blends in well with its primary

sandy beach habitat. Plumage and leg

color help distinguish this bird from

other plover species. During the

breeding season, the legs are bright

orange, and the short, stout bill is

orange with a black tip. There are two

single dark bands, one around the neck

and one across the forehead between the

eyes. The female’s neck band is often

incomplete and is usually thinner than

the male’s (Haig 1992). In winter, the

bill turns black, the legs fade to pale

orange, and the black plumage band on

the head and neck is lost. Chicks have

speckled gray, buff, and brown down,

black beaks, pale orange legs, and a

white collar around the neck. Juveniles

resemble wintering adults and obtain

their adult plumage the spring after they

fledge (Service 1994).

The breeding range of the piping

plover extends throughout the northern

Great Plains, the Great Lakes, and the

Atlantic Coast in the United States and

Canada. Based on this distribution,

three breeding populations of piping

plovers have been described: the

Northern Great Plains population, the

Great Lakes population, and the Atlantic

Coast population.

The northern Great Plains breeding

range includes southern Alberta,

northern Saskatchewan, and southern

Manitoba; south to eastern Montana, the

Dakotas, southeastern Colorado, Iowa,

Minnesota, and Nebraska; and east to

Lake of the Woods in north-central

Minnesota. The majority of the United

States pairs are in the Dakotas,

Nebraska, and Montana (Service 1994).

Occasionally, Great Plains birds nest in

Oklahoma and Kansas. On the Atlantic

coast, piping plovers breed from

Newfoundland, southeastern Quebec,

and New Brunswick to North Carolina,

with 68 percent of all the nesting pairs

breeding in Massachusetts, New York,

New Jersey, and Virginia (Service 1999).

In the Great Lakes watershed, piping

plovers formerly nested throughout

much of the region in the north-central

United States and south-central Canada,

but are currently limited to northern

Michigan and one site in northern

Wisconsin. Piping plovers nest on

shoreline and island sandy beaches with