Proposed Rule: Endangered and Threatened Species: Critical Habitat Designations&#8212 Western Snowy Plover Pacific Coast Population Segment Delisting

Federal Register / Vol. 71, No.
77 / Friday, April 21, 2006 / Proposed Rules 20607
significant economic effect upon a DEPARTMENT OF THE INTERIOR Secretary shall make one of the
substantial number of small entities. In following findings: (a) The petitioned
making the determination as to whether Fish and Wildlife Service action is not warranted, (b) the
this rule would have a significant petitioned action is warranted, or (c) the
economic impact, the Department relied 50 CFR Part 17 petitioned action is warranted but
upon the data and assumptions for the precluded by higher priority workload.
Endangered and Threatened Wildlife Such 12-month findings are to be
counterpart Federal regulations. and Plants; 12-Month Finding on a published promptly in the Federal
Small Business Regulatory Enforcement Petition to Delist the Pacific Coast Register.
Fairness Act Population of the Western Snowy
Plover Previous Federal Action
This rule is not a major rule under 5 The Pacific coast population of the
AGENCY: Fish and Wildlife Service,
U.S.C. 804(2), of the Small Business western snowy plover (Charadrius
Interior.
Regulatory Enforcement Fairness Act. alexandrinus nivosus) (Pacific Coast
ACTION: Notice of 12-month petition
This rule: WSP) was listed as threatened on March
finding. 5, 1993 (Service 1993 (58 FR 12864)),
a. Does not have an annual effect on
the economy of $100 million. SUMMARY: We, the U.S. Fish and prior to publication of our 1996 distinct
Wildlife Service (Service), announce a population segment (DPS) policy
b. Will not cause a major increase in (Service and NMFS 1996a (61 FR 4722;
12-month finding on a petition to
costs or prices for consumers, February 7, 1996)). At the time of
remove the Pacific coast population of
individual industries, Federal, State, or the western snowy plover (Charadrius listing, the primary threat to the plover
local government agencies, or alexandrinus nivosus) from the Federal was the loss and degradation of habitat
geographic regions. List of Threatened and Endangered from human activities. Critical habitat
c. Does not have significant adverse Wildlife pursuant to the Endangered for the Pacific Coast WSP was
effects on competition, employment, Species Act of 1973, as amended. After designated on September 9, 2005 (70 FR
investment, productivity, innovation, or reviewing the best scientific and 56969).
commercial information available, we On July 29, 2002, we received a
the ability of U.S.-based enterprises to
find that the petitioned action is not petition from the Surf-Ocean Beach
compete with foreign-based enterprises.
warranted. We ask the public to submit Commission of Lompoc, California, to
This determination is based upon the delist the Pacific Coast WSP pursuant to
fact that the State submittal which is the to us any new information that becomes
available concerning the status of, or the Act. We also received a similar
subject of this rule is based upon petition dated May 30, 2003, from the
counterpart Federal regulations for threats to, the species. This information
City of Morro Bay, California. As
which an analysis was prepared and a will help us monitor and encourage the
explained in our 1996 Petition
determination made that the Federal conservation of this species.
Management Guidance (Service and
regulation was not considered a major DATES: The finding announced in this
NMFS 1996b), subsequent petitions are
rule. document was made on April 21, 2006. treated separately only when they are
ADDRESSES: Data, information, greater in scope or broaden the area of
Unfunded Mandates comments, or questions concerning this review of the first petition. The City of
finding may be sent to the Field Morro Bay petition repeats the same
This rule will not impose an
Supervisor (Attn: WSP–DELIST), Arcata information provided in the Surf-Ocean
unfunded mandate on State, local, or
Fish and Wildlife Office, U.S. Fish and Beach Commission petition and was
tribal governments or the private sector Wildlife Service, 1655 Heindon Road,
of $100 million or more in any given therefore treated as a comment on the
Arcata, California 95521–5582 (fax: first petition received. On March 22,
year. This determination is based upon 707–822–8411). The petition and
the fact that the State submittal, which 2004 (69 FR 13326), we announced an
supporting information are available for initial (90-day) finding that the petition
is the subject of this rule, is based upon public inspection, by appointment, presented substantial information to
counterpart Federal regulations for during normal business hours, at the indicate the petitioned action may be
which an analysis was prepared and a above address. warranted, and we initiated a status
determination made that the Federal FOR FURTHER INFORMATION CONTACT: Jim review under sections 4(b)(3)(A) and
regulation did not impose an unfunded Watkins, Fish and Wildlife Biologist, in 4(c)(2)(A) of the Act. We have now
mandate. Arcata (telephone: 707–822–7201). completed the status review on the
List of Subjects in 30 CFR Part 950 SUPPLEMENTARY INFORMATION: species using the best available
scientific and commercial information,
Background
Intergovernmental relations, Surface and have reached a determination
mining, Underground mining. Section 4(b)(3)(A) of the Endangered regarding the petitioned action. This
Species Act (Act) of 1973, as amended status review also fulfills the
Dated: March 24, 2006.
(16 U.S.C. 1531 et seq.) requires that we requirements of 4(c)(2).
Allen D. Klein, make a finding on whether a petition to
Regional Director, Western Region. list, delist, or reclassify a species Species Information
[FR Doc. E6–5973 Filed 4–20–06; 8:45 am] presents substantial information to Snowy plovers are small shorebirds,
BILLING CODE 4310–05–P indicate the petitioned action may be about 16 centimeters (6 inches) long,
warranted. Section 4(b)(3)(B) of the Act with pale brown upperparts, buff-
wwhite on PROD1PC61 with PROPOSALS
requires that within 12 months after colored bellies, and darker patches on
receiving a petition to revise the List of their shoulders and heads. Their dark
Threatened and Endangered Wildlife gray to black legs are a useful
and Plants that contains substantial distinguishing feature when comparing
information indicating that the to other plover species (Page et al.
petitioned action may be warranted, the 1995a). Two subspecies of snowy plover
VerDate Aug<31>2005 16:10 Apr 20, 2006 Jkt 208001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\21APP1.SGM 21APP1
20608 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules
recognized by the American Mexico, Kansas, Oklahoma, Texas, and generally to plovers nesting at locations
Ornithological Union (AOU 1957), nest Baja California, central and northeastern other than on the Pacific coast as
in North America: The western snowy Mexico, as well as irregularly visited ‘‘interior’’ populations, even though this
plover and the Cuban snowy plover sites in Saskatchewan, Canada; and term includes populations nesting on
(Charadrius alexandrinus tenuirostis). Wyoming and Montana (Page et al. the Gulf coast. We also refer to interior
1995a) (see Figure 1). In 1993, we listed nesting populations according to
Biology and Distribution and defined the Pacific Coast WSP as whether they nest east or west of the
The breeding range of the western those western snowy plovers ‘‘that nest Rocky Mountains, on the Gulf Coast, or
snowy plover includes sites in adjacent to or near tidal waters’’ of the in central Mexico.
California, Oregon, Washington, Pacific Ocean (Service 1993 (58 FR
Nevada, Utah, Arizona, Colorado, New 12864)). In this finding, we refer BILLING CODE 4310–55–P
Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules 20609
BILLING CODE 4310–55–C

EP21AP06.000</GPH>
The second North American 1995a). Plovers from the interior east of females may triple clutch during a
subspecies, the Cuban snowy plover, the Rockies are migratory, probably single season (Page et al. 1995a).
nests along the Gulf coast from wintering on the Gulf Coast, except for
Louisiana to western Florida and south small numbers of year-round residents Population Status
through the Caribbean (American in Texas, Arizona, and New Mexico. The current known breeding range of
Ornithological Union (AOU) 1957; Plovers nesting on the Gulf coast may the Pacific Coast WSP extends from
Service 1993 (58 FR 12864); Page et al. sometimes winter at other Gulf coast Damon Point, Washington, to Bahia
1995a). The subspecific status of locations, while those nesting in central Magdelena, Baja California, Mexico.
populations breeding east of the Rocky Mexico are likely year-round residents Observed estimates for the Pacific Coast
Mountains, now considered to belong to (Page et al. 1995a). WSP, rangewide, are approximately
the subspecies C. a. nivosus, has been
The timing of the nesting season 3,700 individuals; within that total, the
questioned. Some consider these
varies with location, but in coastal observed estimate of the U.S. population
populations to belong more
California it tends to run from March of the Pacific Coast WSP is
appropriately to the subspecies C. a.
tenuirostris (Warriner et al. 1986). through September (Page et al. 1995a). approximately 1,800 adults (see Table 1)
Others consider the subspecies C. a. Breeding locations tend to be sandy (L. Stenzel, in litt. 2004a; G. Page, in litt.
tenuirostris to be a paler version of the areas close to water, including beaches, 2005b; L. Kelly, in litt. 2006; M. Jensen,
western snowy plover rather than a salt pans, alkaline playas, and gravel in litt. 2006). Current population
separate subspecies (Page et al. 1995a). bars on the tidally influenced portion of estimates are developed by multiplying
In this status review, we rely on the coastal rivers. Clutches, which most the number of adult plovers observed
current American Ornithological Union commonly consist of three eggs, are laid during breeding window surveys (Table
taxonomic classification that considers in shallow scrapes or depressions in the 1 Observed Estimate) by a correction
C. a. nivosus to be a valid subspecies sand. Snowy plovers generally form factor of 1.3, which adjusts the observed
(AOU 1957). monogamous pair bonds and share number to that of a known population
Some plovers nesting on the Pacific incubation duties, but western snowy (Table 1 Current Population Estimate).
coast migrate north or south to other plover females typically desert the Multiplying the observed estimates by
Pacific coastal wintering sites, while brood shortly after hatching, and may the correction factor, the current
others stay at their breeding sites year renest with a new male if time remains population estimate for the United
round. Birds nesting in the interior, in the season to do so. Males typically States portion of the Pacific Coast WSP
west of the Rocky Mountains (the care for the young until they fledge, is approximately 2,300 (see Table 1),
western interior population) winter in which takes about a month, and may based on the 2005 breeding window
coastal California and Baja California, then renest with a new partner if survey (Stenzel, in litt. 2004b; Page, in
Mexico, and often commingle with the sufficient time remains in the season litt. 2005b; Jensen, in litt. 2006; Kelly, in
Pacific Coast WSP. However, some (Stenzel et al. 1994). This results in a litt. 2006), and the current population
individuals from the southern California serially polygamous breeding system in estimate for the Pacific Coast WSP
interior do not migrate (Page et al. which males may double clutch and rangewide is approximately 4,800.
TABLE 1.—OBSERVED AND ESTIMATED NUMBERS OF ADULT WESTERN SNOWY PLOVERS IN THE UNITED STATES AND
MEXICO
[Adapted and updated from Page et al. 1995a]
Observed Observed Current popu-

Location Year Source
number estimate 1 lation estimate 2
U.S. Pacific Coast .............................................................................. 2005 .................. A 1,795 2,334.

Washington ........................................................................................ 2005 15 I
Oregon ............................................................................................... 2005 100 H
California ............................................................................................ 2005 1,680 A
Mexico, West Coast of Baja California .............................................. 1991–1992 1,344 B, C At least At least 2,470.
1,900
Pacific Coast WSP Estimated Total 3,695 4,804.
Interior U.S., west of Rocky Mtns.:

All States except Utah ................................................................ 1988 .................. C 6,100 7,930.
Nevada ....................................................................................... 1988 691 C
Oregon ........................................................................................ 1988 552 C
California:
Great Basin ................................................................................. 1988 1,213 C
San Joaquin Valley ..................................................................... 1988 241 C
S. California deserts ................................................................... 1988 291 C
Utah ................................................................................................... 1992 1,501 D 4,189 5,445.
Great Plains:
Colorado ..................................................................................... 1986–92 .................. C, G Up to 150 Up to 195.
Kansas ........................................................................................ 1986–92 .................. C, G Up to 356 Up to 463.
Oklahoma ................................................................................... 1986–92 .................. C, G 2,007 2,609.

Texas .......................................................................................... 1986–92 .................. C, G 500 650.
New Mexico ................................................................................ 1986–92 .................. C, G Up to 500 Up to 650.
Gulf Coast:
Texas .......................................................................................... 2004 .................. E 1,000 1,300.
NE Mexico .................................................................................. 1992 .................. G Up to 34 Up to 44.
Interior Mexico ................................................................................... 1994 .................. F At least 35 At least 46.
TABLE 1.—OBSERVED AND ESTIMATED NUMBERS OF ADULT WESTERN SNOWY PLOVERS IN THE UNITED STATES AND
MEXICO—Continued
[Adapted and updated from Page et al. 1995a]
Observed Observed Current popu-

Location Year Source
number estimate 1 lation estimate 2
Presa Acecatecana .................................................................... .................. 12

Salinas de Hidalgo ..................................................................... .................. 16
Jalisco (near Atoyac) .................................................................. .................. 6
Lago Texcoco ............................................................................. .................. 1
Estimated Total for Interior and Gulf Coast Breeding WSP 14,871 19,332.
Estimated Grand Total for the Subspecies 18,566 24,136.

1 TheObserved Estimate (Obs. Est.) is approximated for the Mexico portion of the range based upon the research conducted by Page et al.
(1995a).
2 The 2005 Current Population Est. equals the Obs. Est. multiplied by a correction factor of 1.3. The Obs. Est. often under counts the actual
number of birds. Research by the Point Reyes Bird Observatory shows a correction factor is needed to give a more accurate population count
(Stenzel in litt. 2004a).
Sources: A = G. Page in litt. 2005; B = E. Palacios et al. 1994; C = G. Page et al. 1995a; D = P. Paton in litt. 2004; E = Zdravkovic 2004; F =
Howell and Webb 1994; G = Gorman and Haig 2002; H = L. Kelly in litt. 2006; I = M. Jensen in litt. 2006.
Recent census data for the Baja surveys indicate a general increase in observed nesting in coastal Oregon,
California, Mexico population of the the plover breeding population since contributing to the State’s breeding
Pacific Coast WSP do not exist; 1995 (Washington Dept. of Fish and population, estimated at 110 birds in
however, we use the observed estimate Wildlife, in litt. 2003). Population 2003 (Oregon Department of Parks and
of 1,900 adults as provided in Page et al. numbers range from a low of 19 adults Recreation 2003). Eighty-three plovers
(1995a), as that is the best available in 1994, to 68 in 2003. In recent years, were observed during breeding surveys
information. The population is sparse in sand has built up at Midway Beach in 2004, and 100 were counted during
Washington, Oregon, and northern creating high quality habitat, and the 2005 breeding season (Lauten et al.
California. Historical records indicate nesting was documented in 1998 2006). We attribute the increase directly
that nesting plovers were once more (Richardson et al. 2000). Uniquely to protections and resultant
widely distributed and abundant in banded plovers from natal locations management from the 1993 Federal
coastal Washington, Oregon, and along the Oregon and California coasts listing. Management measures
California than at present (Page et al. have bred in Washington coastal sites, benefiting plovers include the use of
1995a). At about the time the species adding to the overall breeding exclosures to reduce nest predation,
was listed under the Act, approximately population within the State. We restoration of breeding habitat by
2,000 western snowy plovers bred along attribute the increases to improved removing European beachgrass
the United States Pacific Coast (Page et coastal habitat at some locations, and (Ammophila arenaria), increased use of
al. 1995a) and approximately 1,900 bred intensive management in Oregon and signs and symbolic fencing (temporary
on the west coast of Baja California, California. post and cable) around breeding sites,
Mexico (Palacios et al. 1994). The Oregon—Occupancy of Sites: In intensified public information, and
largest number of breeding birds Oregon, plovers historically nested at 29 enhanced law enforcement.
occurred from south San Francisco Bay coastal locations. Our 1993 listing California—Occupancy of Sites: Eight
to southern Baja California (Page and decision was based, in part, on the loss geographic areas in California support
Stenzel 1981; Palacios et al. 1994). of 23 of those locations (Service 1993 over three-quarters of the Statewide
Washington—Occupancy of Sites: In (58 FR 12864)). However, in 2004, the coastal breeding population (Page et al.
Washington, plovers formerly nested at number of breeding sites had increased 1991). By the late 1970s, nesting plovers
five coastal sites (Washington to 10 due to the reoccupation of 4 in California were absent from 33 of 53
Department of Fish and Wildlife 1995). historic sites (D. Lauten, in litt. 2004). of the breeding locations having
Three of these remain currently active, As a result, 65 percent (19 of 29) of the breeding records prior to 1970 (Page and
indicating a 40 percent decline in the historic nesting locations have been lost; Stenzel 1981). Stenzel (in litt. 2004b)
number of Washington breeding areas. improved from 79 percent at the time of has subsequently identified an
Occupancy at sites in Washington has listing. additional 11 locations that have lost
declined for several reasons, including Oregon—Number of Pacific Coast nesting plovers. An estimated 1,566
site degradation due to beach erosion WSP: Annual surveys of adult and adult plovers were seen during initial
(e.g., Westport Spit, Leadbetter Point, juvenile plovers in coastal Oregon began Statewide coastal surveys by Point
Gunpowder Sands Island). Subsequent in 1978, with intensive monitoring Reyes Bird Observatory (PRBO) during
to the 1993 listing, habitat conditions beginning in 1993. Survey data shows a the 1977 to 1980 breeding seasons (Page
have improved or expanded at other general decline in breeding adults and Stenzel 1981). The surveys
sites (e.g., Midway Beach). throughout coastal Oregon until 1994, at indicated that by 1980, plovers had been
Washington—Number of Pacific Coast which time the trend reversed to an extirpated or severely reduced in
WSP: The number of birds in increase in breeding adults. Although breeding distribution throughout
Washington, however, appear to be the overall breeding population trend is substantial portions of their coastal
stable to increasing since the early still down from historical numbers, the southern California breeding range,
1990s, based on consistent, intensive, period from 1994 to present has shown especially in San Diego, Orange, and
repeatable counts of adults during the a slight increase (J. Baldwin, in litt. Los Angeles Counties. With the
breeding season. Breeding season 2004). Plovers from California have been exception of some beach segments along
Monterey Bay in Monterey County, had any recent nesting activity (L. almost 5 percent, and the estimated
breeding plovers were absent or severely Stenzel, in litt. 2004a; 2004b). decline at San Francisco Bay was about
reduced at other historic breeding sites California—Number of Pacific Coast 40 percent (A. Powell, pers. comm.
along the southern and central WSP: In addition to losses of breeding 1998; Point Reyes Bird Observatory,
California coast. A preliminary analysis locations, or lack of activity at breeding unpublished data). More recent surveys
of current breeding sites identifies 10 locations, Statewide beach surveys during the breeding seasons of 2000,
new, low-density breeding locations (L. conducted by PRBO during 1989 and 2002, 2003, 2004, and 2005, were
Stenzel, in litt. 2004b). However, 1991 also indicated a decline in accomplished through a collaboration of
analysis also shows that at least 44 of numbers of breeding plovers. Along the researchers studying plovers in coastal
the historic sites, many of which were California coast, including the Channel California. Results are provided in Table
known to be high-density sites, have not Islands, plover numbers declined by 2, below.
TABLE 2.—TOTAL NUMBER OF ADULT SNOWY PLOVERS DURING BREEDING SEASON WINDOW SURVEYS OF THE
CALIFORNIA COAST
1977– 1989 2 1991 3 2000 3 2002 3 2003 3 2004 3 2005 4
Year 1980 1
Total ................................................................. 1,566 1,386 1,371 976 1,387 1,444 1,904 1,680
1 Page and Stenzel 1981—Surveys were conducted in multiple years; 2 Page et al. 1991; 3 L. Stenzel, in litt. 2004a; 4 Page in litt. 2005.
In 2000, there were 976 breeding adults (Palacios et al. 1994; Page et al. Stenzel (1981), but it is not clear upon
adult plovers observed in coastal 1995a). We have no information of any what the intermittent counts presented
California. Surveyors observed 1,387 more recent estimates (E. Palacios, in in the graph between 1978 and 1993 are
and 1,444 adult plovers during similar litt. 2004). based. This graph shows a population
breeding season surveys conducted in increase from 193 to 239 breeding adults
Discussion of the Petition
2002 and 2003, respectively. Statewide over the years 1993 to 1997, a decrease
breeding season window surveys for The petition asserts that the Pacific to 132 and then 78 adults in 1998 and
California demonstrate an increase in Coast WSP does not meet the Act’s 1999 following severe storms and an oil
observed breeders from 2001 through definition of a threatened species as its spill in the winter of 1997 through 1998,
2005, although there is still an overall population is in flux rather than and then a slow increase up to 122
decline when compared to historic decline. The petition offers a table and adults in 2001. The VAFB monitoring
breeding population numbers (J. a graph to support this assertion: The reports also note generally increasing
Baldwin, in litt. 2004; K. Lafferty, in litt. graph in section 5.1.2 of the petition efforts to exclude human interference
2002). provides breeding population counts for with nesting during these years. Based
The increase in the number of adult Vandenberg Air Force Base (VAFB) for
on these data alone, it appears that
plovers observed during breeding 1978 through 2001, and the table in
plover breeding numbers can be
season window surveys in the southern section 5.1 (included as part of Table 2
part of California is related, at least in seriously affected by random natural
above) provides breeding population
part, to protections and associated events such as heavy storms, but this
census counts for the California coast
management provided to the federally does not support the petition’s
during 6 years from 1980 to 2000. The
endangered California least tern (Sterna graph shows VAFB breeding population conclusion that the plover population is
antillarum browni) (Persons and fluctuating in size from more than 100 in flux rather than decline. The 1978
Applegate 1996). Predator management, to about 20 between 1978 and 2001. data, which petitioners offer as evidence
habitat restoration, leash laws, The petition states that the VAFB data of an overall increase of 119 to 121
controlled recreational vehicle use, reflect dramatic fluctuations that can birds, was itself collected after heavy
symbolic fencing, and other measures occur within the plover population. winter storms. These storms were so
have contributed to the Statewide Vandenberg has two sections of beach severe that only 7.1 mi (11.5 km) of
increase in breeding Pacific Coast WSP that support plover breeding known as beach were available for nesting (Page
and also provided benefits to interior North Beach and South Beach. The and Stenzel 1981; L. Stenzel, pers.
plovers wintering on the coast. graph presented within the petition comm. 2003); in contrast, in 2001, 12.5
Baja California, Mexico—Occupancy (subsection 5.1.2) shows that linear miles (mi) [20.1 linear kilometers
of Sites and Number of Pacific Coast Vandenberg’s plover population has (km)] of beach were available for nesting
WSP: Along the Pacific coast of Baja fluctuated dramatically, with an overall (Hickey and Page 2001). The 1978
California, Mexico, most plover nesting increase from 119 birds in 1978 to 121 numbers would therefore likely have
areas are associated with the largest birds in 2001 (Surf Ocean Beach been depressed from historic levels, and
wetlands. A survey of breeding western Commission 2002). However, the would constitute poor support for the
snowy plovers along the Pacific coast of petition does not provide the sources for petition’s conclusions regarding overall
Baja California between 1991 and 1992 the data in the graph. We believe the population trends. More importantly,
found 1,344 adults, mostly at four data in the petition’s graph from 1993 to we do not consider census data from
coastal wetland complexes: Bahia San 2001 are from annual plover monitoring VAFB alone to reasonably support
Quintin, Lagunas Ojo de Liebre and reports that VAFB started in 1993 (e.g., conclusions concerning the entire
Guerrero Negro, Laguna San Ignacio, Persons 1994; Hickey and Page 2001) Pacific coast population. Pacific Coast
and Bahia Magdalena (Palacios et al. because we know of no other source WSP do occasionally nest or renest at
1994). Based on detection ratios from which the information could have other coastal locations (Stenzel et al.
established for surveys on the United come. 1994; Page et al. 1995a), so fluctuations
States Pacific coast, this indicated a It appears that the 1978 data in the in the VAFB breeding population could
coastal Baja population of at least 1,900 petition’s graph are from Page and either be caused or moderated by
immigration to and emigration from Stenzel (1981) noted: ‘‘Numbers have of 50 individuals for at least 100 years
other beaches. definitely declined on the coast; the under the 1999 status quo (Nur et al.
The table in section 5.1 of the petition species was not found breeding in 33 of 1999). However, the petition did not
provides census data for the California the 53 locations with breeding records note that the ‘‘status quo’’ scenario
coast and serves as a better indication of prior to 1970. Of the 33 areas, 28 are not (Scenario 1) assumed that existing
population trends for the Pacific Coast likely to have regular breeding protections and management actions
WSP, because ‘‘the California coast populations again because the habitat under the Act would continue and
population represents at least 90 percent has been destroyed or human use of the projected a significant downward trend
of the listed Pacific coast population in area is too great.’’ The petition interprets in population over the next 100 years in
the United States’’ (D. Noda, in litt. such conclusions as speculative since the absence of additional efforts. Under
2001) (see table 1). Yet, the data they were not based on census data and a ‘‘no management’’ scenario (Scenario
presented in this petition table show a do not show how often particular 12), the analysis found a 51 percent
steady decrease in population from 1980 breeding sites were used. While we probability of reaching an extinction
to 2000 except for a particularly high agree that any precise population threshold after 100 years. The analysis
count in 1997 and a somewhat low estimates based on such data would be did not consider a scenario involving
count in 1995. The 1997 and 1995 speculative, we believe the indications the complete removal of protections
surveys were both conducted differently of lost habitat provided by Page and under the Act. We therefore do not
than those for other years and are Stenzel (1981) are well supported and consider the petition’s statement that
therefore not directly comparable to reasonably lead to the conclusion that the Pacific Coast WSP population is
other years. The 1995 census did not historic population levels were higher healthy but in flux to be well supported
include counts from several important than those documented in the 1977 to by available data, especially if
breeding sites such as South San 1980 census. We therefore consider the protections under the Act are removed.
Francisco Bay (P. Nieto, SRS available data on the coastal California
Technologies, in litt. 2002; L. Stenzel in Distinct Population Segment
population to provide more support for
litt. 2004a; G. Page, pers comm. 2003). the contention that the Pacific Coast In a 12-month finding, we must
The 1997 population estimate is based WSP has declined from historical levels. determine if: (1) The petitioned action is
on intensive monitoring information for The listing decision was also based on warranted; (2) the petitioned action is
some areas combined with ‘‘corrected’’ the loss of 33 California breeding sites. not warranted; or (3) the petitioned
window survey data from previous An additional 11 sites have been action is warranted but precluded by
years for other areas (Nur et al. 1999; G. subsequently identified as having also other higher priority activities. Under
Page, pers. comm. 2003). All other lost nesting plovers since the original the Act, a species is defined as
population estimates in the petition’s work was completed and reported in the including any subspecies and any
table in section 5.1 are totals of window listing decision (L. Stenzel, in litt. distinct population segment of a
survey counts from the known breeding 2004b). Consequently, the loss of 44 of vertebrate species (16 U.S.C. 1532). To
sites. 53 breeding sites in California implement the measures prescribed by
We developed Table 2 (above) to represents an 83 percent reduction in the Act and its Congressional guidance,
show California coastal population historical nest locations. Some of those we and the National Marine Fisheries
estimates based on the observed number sites in southern California were Service (National Oceanic and
of adult plovers during breeding season especially significant. Places like Los Atmospheric Administration-Fisheries),
window surveys. Table 2 consists of the Angeles County, where 25 miles of developed a joint policy that addresses
population counts reported in the former breeding habitat were lost, may the recognition of DPSs of vertebrate
petition’s table for years other than 1995 have supported up to 600 pairs (1200 species for potential listing actions
and 1997, along with population counts breeding birds) of plovers. The estimate (Service and NMFS 1996a (61 FR 4722)).
from 2002 through 2005 which we is extrapolated from an egg collector’s The policy allows for a more refined
added to the Table. 1903 record of 50 pairs along a 2 mile application of the Act that better reflects
The increase first observed in 2002 is section of Manhattan Beach (L. Stenzel, the biological needs of the taxon being
encouraging, and we attribute the in litt. 2004b). At the time of the 1993 considered, and avoids the inclusion of
population increases to the listing, Oregon had lost 79 percent (23 entities that do not require its protective
implementation of conservation of 29) of its historic nesting sites, and measures. As noted above, in 1993, we
strategies by our recovery Washington had lost 40 percent of its listed the Pacific Coast population of the
implementation stakeholders, such as nesting locations (2 of 5) (Service 1993 WSP as threatened. As this was prior to
California State Parks, who have (58 FR 12864)). Additionally, the our 1996 DPS policy, a first step in this
engaged in habitat restoration and the remaining habitat has been degraded by status review process is to review the
use of extensive symbolic fencing. It is the colonization of nonnative European available information to assess whether
also important to note that the beach grass by occupying nesting the Pacific Coast WSP 1993 listing
population level documented by Page substrate and changing from the open determination is consistent with the
and Stenzel (1981), was likely depressed structure that plovers prefer, increased 1996 DPS policy.
by severe storms and resulting beach number of predators, and increased The DPS policy specifies that we are
erosion during the winter of 1977 human use. Addressing the above three to use three elements to assess whether
through 1978 (Page and Stenzel 1981). factors through effective management a population segment under
Counts conducted at VAFB from 1998 range-wide and the reestablishment of 4 consideration for listing may be
through 2000 showed a drop in adult former breeding sites in Oregon (D. recognized as a DPS: (1) The population
plover numbers from 238 to 132 Lauten, in litt. 2004) have bolstered segment’s discreteness from the
following similarly severe storms during plover populations since listing (G. remainder of the species to which it
the winter of 1997/1998 (Applegate and Page, in litt. 2004a). belongs; and (2) the significance of the
Schultz 1999; Applegate and Schultz The petition also cites a recent Pacific population segment to the species to
2000). Although the survey conducted Coast WSP viability analysis that which it belongs; and (3) the population
in 1977 through 1980 provided fairly indicates the population would likely segment’s conservation status in relation
high population estimates, Page and remain above an ‘‘extinction threshold’’ to the ESA’s standard for listing (61 FR
4722, 4725). If we determine that a available, which includes banding, included sites in both Oregon and
population segment meets the monitoring, and genetic information, central California, while the western
discreteness and significance standards, and assess the petition’s additional interior locations included sites in Utah,
then the level of threat to that points on discreteness, to determine if Oregon, and California.
population segment is evaluated based the 1993 listing determination was Subsequent nest monitoring and
on the five listing factors established by consistent with the 1996 DPS policy. breeding season surveys conducted in
section 4(a) of the Act to determine Western snowy plovers from the Pacific coast and western interior
whether listing the DPS as either populations in the eastern interior (east breeding zones from 1985 through 1995
threatened or endangered is warranted. of the Rockies), the Gulf Coast, and the provided an opportunity for resightings
The DPS policy also states: ‘‘Listing, Mexican interior are not likely to of banded birds. During that time, a total
delisting, or reclassifying distinct interact with the Pacific Coast WSP, and of 22 U.S. coastal surveys; 1 coastal Baja
vertebrate population segments may are not known to visit the Pacific coast California, Mexico survey; and 4
allow the Services to protect and (Page et al. 1995a). We thus focus our western interior surveys were
conserve species and the ecosystems discreteness analysis on the Western conducted, many of which were
upon which they depend before large- snowy plovers from populations in the repeated over several years (Palacios et
scale decline occurs that would western interior (west of the Rockies), al. 1994; G. Page, in litt. 2004b).
necessitate listing a species or and the Pacific Coast WSP. Collectively, these surveys covered
subspecies throughout its entire range. essentially the entire extent of U.S.
Banding and Monitoring Information
This may allow protection and recovery coastal breeding habitat, as well as
of declining organisms in a more timely Banding and monitoring studies are
extensive portions of western interior
and less costly manner, and on a smaller useful methods for evaluating the
and Baja California, Mexico coastal
scale than the more costly and extensive discreteness of two populations
habitat, though not all such locations
efforts that might be needed to recover provided that the banding effort
were surveyed every year (Palacios et al.
an entire species or subspecies’’ (61 FR adequately samples each population,
1994). During this same time period, 10
4722, 4725). Below, we address under and the monitoring effort is adequate to
U.S. coastal and 4 western interior
our DPS policy the population segment provide reasonable probabilities of
nesting studies were also conducted at
of the WSP currently listed as a DPS detecting banded individuals (J.
sites along the entire Oregon Coast,
that occurs within 50 miles of the Plissner, in litt. 2005). Several banding
Utah, eastern Oregon, and numerous
Pacific coast in Oregon, Washington, and monitoring studies have been
conducted that address the Pacific Coast locations on the California coast and
California, and Mexico. interior (G. Page, in litt. 2004b). Nesting
WSP (Spear 1979; Stenzel and Peaslee
Discreteness 1979; Henderson and Page 1979; Widrig studies involve repeated searching and
1980; Page and Stenzel 1981; Page et al. monitoring of nests and nesting areas
The DPS policy states that a vertebrate
1983; Wilson-Jacobs and Meslow 1984; over the course of at least one breeding
population segment may be considered
Warriner et al. 1986; Herman et al. 1988; season, and are more comprehensive
discrete if it satisfies either of the
G. Page, in litt. 1989; Page and Bruce than surveys.
following two conditions:
1. It is markedly separated from other 1989; Stern et al. 1990a, 1990b, 1991a, A total of 907 banded plovers were
populations of the same taxon as a 1991b; Page et al. 1991; ODFW 1994; detected by these breeding surveys and
consequence of physical, physiological, Palacios et al. 1994; Paton 1994; Persons studies. It is important to note that this
ecological, or behavioral factors. 1994, 1995; Stenzel et al. 1994; Page et figure does not include plovers that
Quantitative measures of genetic or al. 1995b; G. Page et al., Point Reyes were resighted in their original region
morphological discontinuity may Bird Observatory (PRBO), in litt. 2002; (coastal or western interior) without
provide evidence of this separation; or Powell et al. 2002; C. Sandoval, in litt. evidence of nesting, and does not
2. It is delimited by international 2002; G. Page, PRBO, in litt. 2004b; G. include plovers that were banded on the
governmental boundaries within which Page, PRBO, in litt. 2005). Some of these coast during the winter, as their
differences in control of exploitation, studies were not specifically designed breeding range could not be established.
management of habitat, conservation for the purpose of evaluating the The total does include six plovers that
status, or regulatory mechanisms exist discreteness of the Pacific Coast WSP, were found nesting in more than one
that are significant in light of section but nonetheless provide useful location, and so were counted twice. Of
4(a)(1)(D) of the Act. information for this analysis. these 907 resighted plovers, only 13 (1.4
The following discussion addresses In this finding, we rely primarily on percent) were found in a geographic
only the first condition, since the Pacific the banding and resighting efforts area (coastal or western interior) that
Coast WSP DPS includes plovers within conducted during the period of 1984 was different from their original
Baja California, Mexico and is not through 1993, as this is the period when breeding range. Two of those 13 plovers
delimited by an international boundary. banding efforts were underway at (0.2 percent of the total 907 birds) were
The 1993 listing rule stated that the several areas on the Pacific coast and in found nesting outside of their original
Pacific Coast WSP is ‘‘genetically the western interior, and nest breeding range. One of these two
isolated’’ from the interior breeding monitoring studies and breeding season plovers, a coastal female nesting at the
populations (58 FR 12864). We based surveys were underway at many Kesterson National Wildlife Refuge in
this conclusion on banding and locations when banded birds could be 1986, was one of the two birds
monitoring data, not genetic data. At the detected. Interior populations have not mentioned in the original listing rule
time of listing, we assumed the been banded since 1993 (L. Stenzel, in (Service 1993 (58 FR 12864)). The other
reproductive separation indicated by the litt. 2005). From 1984 through 1993, a was a male banded in the interior
banding data, over time, could lead to total of 4,170 plover chicks and (though never found nesting in the
genetic differentiation. Genetic data for breeding adults were banded at nine western interior) and later found nesting
the western snowy plover was not sites on the Pacific coast (3,077 banded on the coast in 1995. The other 11
available in 1993. birds), and at four western interior plovers were all coastally banded and
In this status review process, we locations (1,093 banded birds) (G. Page, found in the interior without nests (G.
examine the best information now in litt. 2004b). The coastal locations Page, in litt. 2004b).
In addition to the 1984 through 1993 interior west of the Rocky Mountains, consistent with this conclusion. Our
period, the period from 1977 through and provide us their professional DPS policy does not require complete
1983 provides another opportunity to opinions about the adequacy of those reproductive isolation, and allows for
detect movements between the western studies for determining reproductive some limited interchange among
interior and Pacific Coast WSP separation between the two populations. population segments considered to be
populations. However, surveys were Four of the reviewers responded. Three discrete (Service and NMFS 1996a (61
less comprehensive during this time concluded that there appears to be little FR 4722)). Based on the results of these
period, and only one banding study took exchange of reproductive individuals banding and monitoring data, we
place in the western interior. Therefore, between the western interior and coastal conclude that the Pacific Coast WSP is
this period is less useful for assessing sites (G. Smith, USGS, in litt. 2004; B. not freely interbreeding with other
breeding dispersal, but still provides Andres, Service, in litt. 2005; J. Plissner, members of the taxon, although some
additional relevant information. During ABR Inc., in litt. 2005). However, three genetic interchange likely occurs at a
this period, 599 plovers were banded at of the reviewers (the fourth reviewer very small rate. This constitutes a
seven sites along the central California and two of the three reviewers marked separation due to breeding
coast, and 400 were banded in the mentioned above) also noted that behavior.
western interior at Mono Lake, because monitoring in the interior had The banding data also indicate that
California (G. Page, in litt. 2004b). The been less comprehensive than on the interior nesting plovers overwintering
coastal survey effort included seven coast, there is more uncertainty about on the Pacific coast are likely to be
breeding season surveys across the U.S. the ability to detect coastal plovers that obligatory migrants, whereas many
range of the coastal population, as well may have moved to the interior (B. individuals in the Pacific Coast WSP
as seven nest monitoring studies from Andres, in litt. 2005; C. Elphic, either do not migrate, or do so only for
Marin to San Luis Obispo Counties, University of Connecticut, in litt. 2005; short distances along the coast (Page et
California. The interior survey effort J. Plissner, in litt. 2005). They felt it was al. 1995a). This behavioral difference
included three breeding season surveys, possible that a coastal breeding plover tends to set Pacific Coast WSP
as well as the ongoing banding studies could move to the interior undetected, individuals apart from the interior birds
at Mono Lake (L. Stenzel, pers. comm. but it was highly unlikely that an with which they may mix during the
2004). None of the plovers banded at interior breeding plover could move to winter.
Mono Lake were observed on the coast the coast without being observed, as the Additional Points on Discreteness
during the breeding season. One female, coastal resighting efforts were more
banded as a chick at Monterey Bay extensive temporally and geographically The petition asserts that the Pacific
along the California coast, was found than those at interior sites. These three Coast WSP is not highly isolated, and
nesting at Mono Lake in 1978. This was reviewers stated that the available data provides VAFB monitoring records from
the first of the two females mentioned are adequate to conclude that there is 1993 to 1999 as supporting
in our original listing determination little interaction between the breeding documentation to demonstrate that the
(Service 1993 (58 FR 12864)) as having coastal and interior populations. One Pacific Coast WSP and western interior
bred outside the coastal population. reviewer noted dispersal between populations commonly interbreed.
In addition to colored bands, whose inland and coastal populations may be VAFB is a coastal Santa Barbara County
combinations were administered by the episodic and associated with temporal breeding site. The petition contains a
Point Reyes Bird Observatory (PRBO), variation in breeding conditions at table summarizing the VAFB survey
some studies employed metal bands regional scales, and that the banding records and indicating that during 1993
administered by the Patuxent Bird efforts have not been extensive enough to 1999, 90 plovers present during the
Banding Lab. Resightings of these bands to address this possibility for the range breeding season had hatched elsewhere.
were less common, since recapture of of conditions (J. Plissner, in litt. 2005). However, our analysis below of the
the bird is generally required to read the VAFB monitoring records supports a
band number. Of the 304 band retrievals Conclusion on Banding Data different conclusion than that reached
reported to Patuxent Bird Banding Lab We find that the existing banding and by the petitioners and instead provides
for years 1969 to 2002, one male was resighting data are sufficient to additional evidence demonstrating that
found to have moved from the Pacific document that the Pacific Coast WSP coastal and interior populations do not
coast to an interior location. This plover and the western interior breeding commonly interbreed.
was banded during the non-breeding populations experience limited or rare Two of the 90 non-local birds cited in
season (November 1984) near Ano reproductive interchange. We are most the VAFB monitoring records came from
Nuevo, California, and retrieved during confident in the data from the 12-year the western interior. These two plovers
the breeding season (June 1988) near period 1983 through 1995, as that is the were banded at Abert Lake (in interior
Lake Albert, Oregon (G. Goldsmith, in period with the most extensive banding Oregon) (Stern et al. 1990a) during the
litt. 2004). The banding dates and studies and search efforts. The results 1988 through 1989 banding season and
associated migration suggest that the from that period indicate that 98.6 were sighted at VAFB (on the California
plover was an interior bird percent of the sampled plovers were coast) on July 29, and August 19, 1993,
overwintering on the California coast. observed during the breeding season during the breeding season (Persons
The age of the plover was unknown at using the same breeding range as where 1994). However, as noted by Persons
the time of banding. There are no they were originally banded. We (1994), post-breeding migration of
records in this data set of plovers consider the results from that period plovers typically begins in early July, so
moving in the opposite direction, from sufficient to document a marked only late June censuses accurately
the western interior to Pacific coast. separation of breeding ranges, and reflect the size of the breeding
illustrate that the amount of interchange population. Later censuses include

Review of Banding Data between coastal and western interior many non-breeding plovers. Stenzel et
We asked six researchers familiar populations is likely to be extremely al. (1994) also report that after the first
with avian banding studies to examine low, though not zero. Results from the few days of July, plovers that move into
the available banding data for the 1977 through 1984 period and the a breeding area do not nest in the area.
Pacific Coast WSP and plovers from the Patuxent banding data are also Therefore, sightings made only after the
first week in July, unless supported by plover populations using mtDNA and Funk et al. (2006), it is reasonable to
evidence of breeding, are not good microsatellite DNA markers. conclude that other data (i.e., besides
evidence of population interchange. Given these available data indicating genetic data) are relevant to an analysis
The other 88 plovers in the VAFB that the mtDNA and microsatellite data of whether WSP from these two
monitoring records had all hatched on show no evidence of significant genetic geographic regions can be considered
the coast, and were, therefore, also differentiation between Pacific Coast ‘‘markedly separated’’ (i.e., discrete) per
members of the coastal population and interior WSP populations, the our DPS policy. As noted above in the
(Stenzel et al. 1994). Such data tend to Service’s responsibility is to interpret Banding and Monitoring Information
support our determination that the the result in terms of our DPS policy. As section, we believe there is substantial
Pacific Coast WSP is discrete, as these noted in Funk et al. (2006), ‘‘only a few evidence from banding data to indicate
data show that coastal population dispersers per generation are necessary that exchange of individuals between
members tend to interbreed among to homogenize gene pools between the Pacific Coast and western interior
themselves rather than with interior breeding habitats (Wright 1931; Slatkin regions is minimal.
birds. These results are also consistent 1985, 1987; Mills and Allendorf 1996).’’
with additional studies, which found Therefore, failure to identify genetic Conclusion on Discreteness
western snowy plovers renesting in new differences between Pacific Coast and Based on the available information in
locations after having either lost or western interior plovers does not the petition, scientific literature, and in
successfully fledged their first clutch necessarily mean that there is a large our files regarding western snowy
(Warriner et al. 1986; Stenzel et al. amount of movement between the two plover range and distribution, we
1994). For the Pacific Coast WSP, it is areas. Movement of just a few conclude that the Pacific Coast WSP is
also common for one partner, usually individuals may prevent genetic markedly separate from other
the female, to abandon a brood between differentiation, but movement of a few populations of the subspecies due to
hatching and fledging and to start a new individuals may not be sufficient to behavioral differences and that it,
clutch in a new location with a new maintain significant demographic therefore, meets the requirements of our
partner. Distances traveled to new connectivity (Funk et al. 2006). DPS policy for discreteness. Banding
nesting locations range from meters to Thus, the two regions (in this case, studies and resighting efforts
hundreds of kilometers (Warriner et al. the Pacific Coast and western interior demonstrate that during breeding, the
1986; Stenzel et al. 1994). However, no populations) may continue to function Pacific Coast WSP segregates
such mid-season location changes have as demographically independent geographically from other members of
been shown to result in nesting at both populations despite sufficient gene flow the subspecies, even those that also
coastal and interior sites. to homogenize gene pools (which may winter on the Pacific coast. Although
require just a few individuals per not absolute, this segregation is marked
Genetics generation) (Funk et al. 2006). That the and significant.
Evidence of genetic distinctness can two may be demographically
inform our analysis of the discreteness independent, as noted by Funk et al. Significance
of a population. In determining whether (2006), is particularly likely given that Under our DPS policy (61 FR 4722),
the test for discreteness has been met they have unique habitats (e.g., Pacific once we have determined that a
under our DPS policy, we consider Coast birds tend to occur, with some population segment is discrete, we
available genetic evidence, but such exceptions, on open sandy beaches consider its biological and ecological
evidence is not required to recognize a adjacent to the Pacific Ocean, while significance to the larger taxon to which
DPS. The petition questions the validity Great Basin birds occur on sand/salt it belongs. This consideration may
and effectiveness of using banding flats on alkali lakes of the Great Basin include, but is not limited to, the
studies, as compared to genetics, for (Page et al. 1995), low dispersal rates following factors:
investigating levels of gene flow. When (Page, in litt. 2004a), and population 1. Persistence of the discrete
conducted properly, we find that both declines (Page et al. 1991). Funk et al. population segment in an ecological
banding and genetics studies provide (2006) suggest, for example, that ‘‘if a setting unusual or unique for the taxon,
useful information. The petition relies Pacific Coast population of snowy 2. Evidence that loss of the discrete
heavily on a master’s thesis (Gorman plovers went extinct, a few immigrants population segment would result in a
2000) that did not find evidence of from the Great Basin [interior] may not significant gap in the range of the taxon,
genetic differentiation between the be sufficient to recolonize the empty 3. Evidence that the discrete
Pacific Coast WSP and western interior habitat patch.’’ They further suggest that population segment represents the only
snowy plover populations using empty patches of Pacific Coast habitat surviving natural occurrence of a taxon
mitochondrial DNA (mt DNA). are not currently being recolonized in that may be more abundant elsewhere as
Several commenters also pointed out this fashion and that there is no reason an introduced population outside its
that mtDNA markers in Gorman’s study to expect they would be recolonized in historic range, or
may have been indicating interbreeding the future when habitat is even further 4. Evidence that the discrete
that happened thousands of years ago fragmented. population segment differs markedly
and suggested that additional studies In summary, the genetic information from other populations of the species in
using a marker with a finer resolution, available to us in Gorman (2000) and its genetic characteristics.
such as microsatellite comparisons, Funk et al. (2006) shows no evidence of We evaluated available information to
should be conducted (B. Crespi, in litt. genetic differentiation between Pacific assess whether the 1993 designation
2002; J. Neigel, in litt. 2004; B. Foster, Coast and western interior WSP, using was consistent with the above factors or
in litt. 2004; L. Gorman, in litt. 2004). In mtDNA and microsatellite markers. For other relevant factors to explain why the
fact, a more recent study by Funk et al. this reason, we do not find that the Pacific Coast WSP is significant to the
(2006) includes analysis of genetics data currently available to us subspecies of western snowy plover. In
microsatellite DNA markers. Funk et al. provide evidence that Pacific Coast WSP this finding, we are only addressing the
(2006) found no statistically significant is ‘‘markedly separated’’ from western significant gap in the range of the taxon
genetic differentiation between Pacific interior populations of WSP. However, because that is the only significant
Coast WSP and western interior snowy as outlined above and articulated in criteria factor that applies.
Significant Gap in the Range of the the best available data, the 2005 Pacific females and 14 males moved from 50 to
Taxon Coast WSP constitutes approximately 20 708 miles (31 to 1,140 kilometers). All
One approach to assessing whether percent of the subspecies. 147 birds remained within the coastal
the Pacific Coast WSP constitutes a The petition also states that because zone, either north or south of their
substantial portion of the western the range of interior western snowy previously known breeding location.
plovers overlaps that of Pacific Coast There was no evidence of pair
snowy plover subspecies (Pacific Coast,
WSP (by virtue of sharing winter movements, only movements for
interior, and Gulf Coast) is to evaluate
ranges), they have ‘‘ample opportunity individual plovers. Page et al. (1995a)
the size of the subspecies. Estimating
to socialize, pair bond, and inter-breed.’’ present the following adult plover
size of a broadly yet patchily distributed
We agree that the potential exists for resighting rates at breeding locations
subspecies like the western snowy
interactions to occur between wintering
plover is a difficult task to accomplish between consecutive years: Monterey
interior western snowy plovers and
(Gorman and Haig 2002). At this time, Bay, California, males 76.8 percent,
Pacific Coast WSP, but banding data
our best available estimate of the females 65.8 percent (Warriner et al.
indicate that such interactions occur at
subspecies’ current total size is about 1986); Mono Lake, California, males
very low rates.
24,136 birds (Page et al. 1995a; P. Paton, The petition suggests, without any 77.8 percent, females 44.9 percent (Page
University of Rhode Island, in litt. 2004; supporting evidence, that interior- et al. 1983); Lake Abert, Oregon, males
Zdravkovic 2004; Gorman and Haig nesting western snowy plovers would 64.1 percent, females 40.9 percent
2002; L. Kelly in litt. 2006; M. Jensen in colonize the coastal breeding habitat if (Stern et al. 1990a). There is also
litt. 2006; G. Page in litt. 2005) (see the Pacific Coast WSP were extirpated. evidence of fidelity to wintering areas.
Table 1). As described earlier, the Pacific Coast About two-thirds of plovers banded
The estimate in Table 1 of the total WSP population declined during the during the breeding season at Lake
number of birds of the subspecies takes 1970s to mid-1990s, leaving many Abert, Oregon, were located on their
into account the following new data: Dr. historical breeding locations vacant coastal California or Baja California,
Peter Paton recently revised his original throughout the coastal range, and even Mexico, wintering areas for 2
published estimate of 10,600 birds for though ample habitat remained intact, it subsequent years, and about one-third
Utah (Page et al. 1995a) to 4,189 birds was not colonized by any plovers were subsequently located at least 3
(P. Paton, in litt. 2004). Stenzel provides (coastal or interior). Analysis of the years following banding (Page et al.
information that the 4,478 figure used to available banding data indicates that 1995b).
describe the Pacific Coast WSP there is little interchange between the
population through the 2004 breeding coastal and interior breeding There is no evidence to indicate
season is likely an underestimate due to populations (G. Smith, USGS, in litt. western interior populations would
some areas in southern California not 2004; B. Andres, Service, in litt. 2005; recolonize the Pacific coast if the listed
being surveyed (L. Stenzel, in litt. J. Plissner, ABR Inc., in litt. 2005). population were lost. Therefore, such
2004a). The new observed estimated Although low levels of breeding loss would remove 2,000 miles of
number of birds (3,695) is based on the dispersal from the coast to the interior coastline, stretching from Washington to
2005 breeding season (see Table 1 remain a possibility, the banding studies Baja California, from the subspecies’
above), which is approximately a 3 provide a high degree of confidence that breeding range. The Pacific coast
percent drop from Stenzel’s 2004 figure. any such dispersal is out of the coastal constitutes the vast majority of coastal
Additionally, researchers in Texas population, and not into it (C. Elphic, in breeding habitat used by the subspecies
believe that as many as 1,000 plovers litt. 2005). This is consistent with (the rest being in southern Texas and
nested along the Texas Gulf coast in additional analysis indicating that the northeastern Mexico), as well as the
2004, a substantial increase from the available banding data are adequate to westernmost extent of the taxon’s
100 reported by Page et al. (1995a) conclude that an insignificant number breeding range.
(Zdravkovic 2004). We are not aware of of individual plovers disperse from We find that the Pacific Coast DPS is
what effect, if any, the 2005 hurricanes interior breeding sites to coastal significant to the subspecies of western
may have had on the Gulf coast plovers breeding sites (J. Plissner, in litt. 2005), snowy plover because it comprises
and their habitat. and it is unlikely that interior breeding
Monitoring results are not available approximately 20 percent (one-fifth) of
plovers would disperse to coastal the subspecies’ estimated population
for the interior and northeast coastal breeding sites (B. Andres, in litt. 2005).
Mexico areas, and recent estimates have based on the 2005 breeding window
We have no data documenting interior
not been developed for several of the survey results. We conclude that the
birds colonizing vacant coastal areas.
interior western snowy plover breeding This apparent lack of interchange best available data demonstrate that the
areas. In light of this inconsistent survey between coastal and western interior likelihood of pair bonding and
coverage, we considered it appropriate breeding sites may be explained by the interbreeding between the Pacific Coast
to use the largest of the available relatively high degree of site fidelity WSP and the interior-nesting western
estimate ranges available for the interior exhibited by this species. Breeding and snowy plovers is very low, and that
breeding plovers, so as not to overstate winter site faithfulness vary between there is no evidence indicating that
the significance of the Pacific Coast sites. Stenzel et al. (1994) report that interior breeding plovers would rapidly
WSP. We acknowledge that the number plovers were faithful to their known reestablish a viable breeding population
of birds within the subspecies could be breeding location in northern-central along the Pacific Coast following the
more or less than that indicated by the coastal California about 59 percent of extirpation of the coastal population.
best available information. As presented the time for females and 84 percent of Accordingly, loss of the Pacific Coast
in Table 1 above, the Pacific Coast WSP the time for males. Partial-absence WSP would result in a significant gap in
current population estimate is (missing for a portion of the breeding the breeding range of the taxon. It would
approximately 20 percent of the taxon’s season) from known breeding locations constitute the loss of a substantial
total estimated size (4,804 of 24,136 was more common than complete percentage of the subspecies, curtailing
total birds). Therefore, we contend that absence. Of the 147 birds observed the taxon’s current breeding range by
using this conservative interpretation of moving during the breeding season, 25 2,000 miles of coast line.
DPS Status—Conclusion existing regulatory mechanisms; and (E) stabilizing vegetation such as European
We find that the Pacific Coast WSP other natural or manmade factors beachgrass (Ammophila arenaria),
qualifies as a DPS under the Act, as affecting the continued existence of the which removes dune habitat by covering
recognized under our 1996 DPS Policy species. Delisting a species must be and anchoring dunes and preventing the
(Service and NMFS 1996a (61 FR 4722)). supported by the best scientific and free movement of wind-blown sand.
The Pacific coast population is discrete commercial data available. Delisting Such grasses also provide cover for
based on extensive banding data may occur only if such data predators (Pickart 1997; Stern et al.
showing marked reproductive substantiates that the species is neither 1991b). European beachgrass was
endangered nor threatened for one or introduced to the Pacific coast in the
separation from other populations. Of
more of the following reasons: (1) The late 1890s as a means of stabilizing
the 4,170 plovers banded over the 12-
species is considered extinct; (2) the dunes to encourage development. A
year period with the most extensive
species is considered to be recovered; secondary effect of dune stabilization
banding and resighting surveys, 907
and/or (3) the original data available has been human development of
were resighted. Of these 907, 894
when the species was listed, or the beaches and surrounding areas (ODFW
plovers (98.6 percent) were resighted
interpretation of such data, were in error 1994). European beachgrass has since
within their natal or nesting site
(50 CFR 424.11). spread along the Pacific coast from
breeding ranges, 11 coastal plovers (1.2
British Columbia to Ventura County,
percent) were resighted in the interior A. The Present or Threatened
California, invading every major dune
without nests, and 2 plovers (0.2 Destruction, Modification, or
system in the plover’s range from Santa
percent) were resighted nesting outside Curtailment of Its Habitat or Range
Barbara County north (Pickart 1997). It
of their original breeding range. These The petition states that the ‘‘western is considered one of the primary causes
results suggest a marked reproductive snowy plover has been very adaptive at of plover population decline in Oregon
separation between the Pacific Coast exploiting opportunities to breed at new (Oregon Parks and Recreation 2003).
WSP and other interior western snowy habitat that was created by humans Once established, it is extremely
plovers. including the Salton Sea, San Francisco difficult and expensive to remove
The 1993 listing decision suggested Bay Salt Ponds, Central Valley (Pickart 1997).
that genetic differentiation between agricultural ponds, and Batiquitos American beachgrass (Ammophila
coastal and interior populations was Lagoon.’’ We agree with the petition’s brevigulata), which is native to the east
likely. There is no evidence that such assessment as it relates to the Pacific coast and Great Lakes regions of North
differentiation exists and existing Coast WSP. The western snowy plover America, behaves similarly to European
information suggests coastal and interim is an early successional species that beachgrass and has become the
populations do not markedly differ depends on dynamic habitat. As dominant introduced beachgrass along
genetically. However, the banding data conditions change, the western snowy much of the Washington coast
and the resighting efforts provide plover (including the Pacific Coast (Washington Department of Fish and
compelling information that during WSP) has the ability to colonize new Wildlife 1995). In southern California,
breeding, the Pacific Coast WSP sites. Because coastal habitats are giant reed (Arundo donax) and South
segregates geographically from other dynamic, and change within a season or African iceplant (Carpobrotus edulis)
members of the subspecies, even those between seasons, the Pacific Coast WSP have overgrown plover habitat in some
that winter on the coast. must adjust. However, our information areas.
The Pacific Coast WSP is also shows that loss of nesting and wintering In southern California, large expanses
significant to the rest of the taxon habitat remains one of the primary of beach previously used for nesting are
because its loss would cause a threats to the Pacific Coast WSP no longer available as habitat due to
significant gap in the range of the throughout its range. Causes of habitat extensive recreational use by humans.
subspecies. The Pacific Coast WSP loss include industrial and residential Popular recreational beaches may be
comprises approximately 20 percent of development, the spread of nonnative completely covered by human
the subspecies estimated total size. We dune-stabilizing vegetation, human footprints, and may also undergo daily
have no evidence that interior breeding recreational use at levels that preclude or weekly mechanized beach raking to
plovers would reestablish a viable nesting attempts, and various habitat remove trash and tide-cast wrack (Page
population along the Pacific coast alteration projects. and Stenzel 1981; Powell et al. 2002).
following the extirpation of the coastal Urban development permanently Although the removal of trash is
population. Accordingly, loss of the removes important nesting habitat above beneficial to plovers (see Predation
Pacific Coast WSP would result in a the high tide line. It is a major source section below), natural tide-cast wrack
significant gap in the breeding range of of habitat loss in all three western U.S. such as seaweed provides important
the taxon. coastal States, and particularly in habitat for plover prey populations such
southern and central California (Page as flies and other invertebrates (Dugan
Conservation Status
and Stenzel 1981; Page et al. 1995a). et al. 2000; 2003). Beach raking may
When considering an action for Development may also affect beach also flush adults from nests and crush
listing, delisting, or reclassifying a accretion processes by removing areas plover clutches, depending on the
species, we are required to determine in which sand normally accumulates. frequency of raking. Dugan et al. (2003)
whether a species is endangered or Other secondary effects include state that up to 99.4 miles (160
threatened based on one or more of the increases in human use of nearby beach kilometers) of sand beach habitat south
five listing factors identified in section areas (as with piping plover, Service of Point Conception, California, are
4(a)(1) of the Act. These factors are: (A) 1996), and increased predation of eggs raked annually during the Pacific Coast
The present or threatened destruction, and chicks in some areas (see Predation WSP nesting season.
modification, or curtailment of its section below). The Pacific coast is one The final category of habitat loss is
habitat or range; (B) over utilization for of the fastest growing regions within the habitat alteration projects, which
commercial, recreational, scientific, or United States (Crossett et al. 2004). include diversions and impoundments
educational purposes; (C) disease or Another major source of habitat loss of streams and rivers, management of
predation; (D) the inadequacy of has been the spread of nonnative dune- salt ponds for marsh habitat, dredging
and sand mining, and inappropriately sand to accrete in nesting areas, but if reveal nest site locations to predators,
designed breakwaters or beach designed incorrectly can also erode thereby potentially increasing the
nourishment projects. Waterway nesting areas or increase the slope of the danger to adults and chicks as they
diversion and impoundment activities, beach and encourage invasive plants leave the nest site to forage (Neuman et
such as the construction of seawalls and (Service 2001). al. in press). Accordingly, effects of
use of rip rap, can limit the delivery of The petition offers some brief exclosures should always be closely
sand and thereby lessen the extent of analyses of some of the threats to the monitored. Bands may occasionally
beach habitat. In southern California, Pacific Coast WSP addressed by the result in leg injuries, including foot loss,
blockage of lagoon mouths for road listing rule. The petition points out that possibly due to abrasion and subsequent
construction has prevented tidal many Pacific Coast WSP now breed in swelling (Page in litt. 2005a). The
flushing and associated salt pan human created habitat ‘‘including the percentage and severity of bandings
formation, thereby eliminating Salton Sea, San Francisco Bay Salt resulting in injuries is not currently
important nesting habitat (Powell et al. Ponds, Central Valley agricultural known, but is likely to be low based on
2002). Stream stabilization projects can ponds, and Batiquitos Lagoon.’’ numerous sightings of uninjured banded
interfere with the natural shifting of However, the Salton Sea and Central birds. Despite the low risk of injuries,
river mouths across the landscape, Valley agricultural ponds are outside of banding remains the best technique to
thereby allowing beachgrass the breeding range of the coastal study population variables such as
(Ammophila spp.) and other vegetation population (Service 1993 (58 FR survival, recruitment, and dispersal, and
to take root (Powell et al. 2002). 12864)). Use of Batiquitos Lagoon as a appears to be the most effective way to
Salt ponds, such as in the San breeding site has increased by a total of monitor populations and determine the
Francisco, Monterey, and San Diego 14 birds since its restoration as a tidal effectiveness of management strategies
Bays in California, may be operated to marsh in 1996 (Port of Los Angeles (Nur et al. 1999). We are monitoring
the benefit or detriment of nesting 2003; L. Stenzel, in litt. 2004a). The San banding injuries through our Section
plovers by allowing ponds to flood or Francisco Bay Salt Ponds constitute 10(a)(1)(A) recovery permit program,
dry at particular times (Page et al. 2003). genuine new, human-created habitat. In and have initiated an experimental
In the San Francisco Bay, salt ponds contrast to this addition, the species has program in the Monterey Bay area to
that are managed for tidal marsh lost 44 of its 53 known historical nesting determine if band position on the leg
species, such as the salt marsh harvest sites in California prior to listing (Page can decrease injuries by reducing the
mouse (Reithrodontomys raviventris) and Stenzel 1981; L. Stenzel, in litt. metal band’s contact with sand. Sand
and California clapper rail (Rallus 2004b), 2 of its 5 nesting locations in wear on the metal band may cause the
longirostris obsoletus), do not provide Washington, and 19 of its 29 nesting band’s edge to become sharp,
habitat for the plover (V. Bloom in litt. locations in Oregon (L. Stenzel, in litt. contributing to plover leg injuries.
2005). We are working with the 2004b). Based on the best available data, Additionally, sand grains can become
California Department of Fish and Game we believe the loss of habitat remains a lodged between the metal band and the
and local landowners to develop a significant threat to the population and plover’s leg, resulting in irritation of the
management plan for the area, which the addition of nesting habitat at the San leg. We do not have any indication that
will best meet the needs of all the listed Francisco Bay Salt Ponds does not offset leg injuries in plovers are occurring as
species in the area (M. Kolar, in litt. the full impact of this loss. a result of using plastic colored bands,
2004). In summary, habitat loss that
which are flexible.
A survey of breeding plovers in Baja negatively impacts Pacific Coast WSP
California, Mexico, noted two large salt has occurred in the past and continues As noted in the petition, it is also
works (one completed and one planned) to occur in the form of development, theoretically possible for bands to
at Laguna Oja de Liebre and Laguna San spread of nonnative dune-stabilizing increase the likelihood of predation, by
Ignacia, respectively. The survey noted vegetation, human recreational use at increasing the visibility of the plovers.
numerous plovers continuing to nest at levels precluding nesting attempts, and This is extremely difficult to test
the completed facility, but also noted habitat alteration projects. While some because there is no way of knowing the
the loss of some nests and chicks there nesting habitat has been added at San predation rate on unbanded birds. If
due to vehicular use of the area. The Francisco Bay Salt Ponds that has such an effect does exist it would be
survey was unable to determine whether benefited Pacific Coast WSP, it has not more likely to apply to avian predators,
overall impacts from the two facilities been sufficient to offset past and since the primary mammalian predators
would be detrimental or beneficial ongoing habitat losses. (red fox (Vulpes vulpes) and coyote
(Palacios et al. 1994). (Canis latrans)) tend to hunt in the
Sand mining by heavy machinery, B. Overutilization for Commercial, evening and night. Plovers depend on
such as at Monterey Bay, California, Recreational, Scientific, or Educational their cryptic coloration and behavior to
eliminates nesting habitat within the Purposes remain undetected by avian predators.
area subject to mining, degrades nearby The petition did not provide any Typically, plovers will crouch,
habitat by removing replenishing sand, information about this threat. flattening their profile to approaching
and disturbs adjacent nesting due to The only threat to Pacific Coast WSP aerial predators. Consequently, colored
noise and vehicle traffic (Guinon 1988). from overutilization is potentially from leg bands are covered by the crouching
Dredging can disturb nesting plovers, scientific research. Currently, we issue bird, making the bands largely
alter natural patterns of sand deposition, permits under 10(a)(1)(A) of the ESA to undetectable to predators until the
and encourage boat-related recreational qualified individuals for nesting studies, plover is forced to flush. The petition
activity in plover nesting areas. surveys, banding, and protective also notes that surveys and banding
Alternatively, dredge tailings have management techniques such as nest studies conducted at VAFB from 1995 to
served as important nesting habitat in exclosures. Disturbance of plovers is 2000 did not find birds banded at VAFB
Coos Bay, Oregon (Wilson-Jacobs and kept to a minimum through surveyor that were more than 3 years old;
Dorsey 1985). Breakwaters and beach training and by minimizing time spent however, the study period was too short
nourishment projects also have the in nesting areas. While exclosures to find older birds except during 1999
potential to benefit habitat by causing typically increase fledge rate, they also and 2000. Several older birds that
hatched at VAFB were found during Because predators have been removed al. 2005) and therefore remains a threat
surveys in coastal California in 2002, from western snowy plover habitat, the to the Pacific Coast WSP.
including 1 seven year-old, 2 six year- petitioners believe that the plovers were In summary, disease and predation
olds, 10 five year-olds, and 21 three or able to ‘‘colonize areas where they had impact site-specific plover reproductive
four-year olds (P. Nieto, SRS never lived before.’’ success and survival. Disease has
Technologies, in litt. 2002). Most of Predation has been found to be a become a recent, ongoing threat since
these birds were found outside major factor affecting nesting success the 1993 listing, resulting in the death
Vandenberg AFB, yet all were found across the range of the DPS. In San of plovers from Monterey Bay,
within the coastal population. In Diego County, California, crows (Corvus California, south to the Mexican border.
summary, we conclude that brachyrhynchos), ravens (C. corax), We do not know the extent of the
overutilization is not a significant threat coyotes, and possibly Argentine ants mortalities in the United States because
to the Pacific Coast WSP because (Iridomyrmex humilis) were the primary not all of the carcasses are found due to
research and monitoring are causes of nest failure in 1994, 1996, and predation, wind blown sand, and tidal
conditioned through our Recovery 1997 (tidal flooding caused greater nest action. In addition, we do not have
Permit program to reduce impacts, and loss in 1995) (Powell et al. 2002). In information regarding the extent of
steps have been taken to monitor and Monterey County, nonnative red fox plover deaths related to disease or
reduce band-related injuries. caused an increased number of nest toxins in Mexico. Deaths in the United
failures from 1984 to 1991, while avian States will continue to be monitored,
C. Disease or Predation predators including shrikes (Lanius and funding has been appropriated to
The petition did not provide any ludovicianus) and kestrels (Falco help determine the cause of death.
information about disease as a threat. sparverius) had significant impacts on Predation continues to be a major factor
However our information shows that fledging success from 1996 to 1999 affecting nesting success, and thus
West Nile virus, a mosquito-transmitted (Neuman et al., in press). A study of constitutes a threat to the Pacific Coast
pathogen that can infect numerous Oregon beaches identified predation by WSP. Management actions implemented
species of birds, reptiles, and mammals, crows and ravens as the primary cause largely in response to the listing have
has killed birds of various species in of nest loss in 1978 and 1979 (Wilson- controlled many factors affecting
every coastal California county (USGS Jacobs and Meslow 1984); while red fox, predation. For example, the use of nest
2005a), as well as one coastal county in crows, and ravens caused low fledgling exclosures has significantly increased
Oregon (Lane County) (USGS 2005b). success rates across coastal Oregon from nest hatch rates by reducing predation
The disease has not yet been reported in 1990 to 2003 (D. Lauten et al., in litt. (Colwell et al. 2005; Fancher et al. in
any Washington coastal counties (USGS 2004). Additional major predators litt., 2005), and predator management
2005c), but will likely reach those include skunks (Mephitis mephitis) improves fledging success and
counties in the near future, as it has (Stern 1990b), merlins (Falco reproductive rates (Lauten et al. 2006).
spread rapidly across the United States columbarius), northern harriers (Circus Current site specific predator
from an initial introduction in New cyancus) (Page et al. 1997), dogs (Canis management has reduced the
England (National Audubon Society lupus), and cats (Felis cattus) (B. Farner significance of predation to the Pacific
2004). The deadliness of the disease to pers. comm. in Powell and Collier 1994; Coast WSP; however, if management
birds varies by species (National Page 1988). actions are no longer implemented,
Audubon Society 2003), but the disease Factors affecting predation levels on
plover populations would likely drop at
has been identified in dead piping the Pacific Coast WSP include trash left
several locations, possibly affecting
plovers (Charadrius melodius) and near nesting areas; the availability of
population viability within key areas or
killdeer (C. vociferus), both closely nearby cover for mammals or perches
on the rangewide scale.
related to snowy plovers (CDC 2004). for birds; the existence of dependable
Clark in litt. (2006) reported that 26 food sources such as dumps and fish D. The Inadequacy of Existing
adult plovers either died or were found cleaning sites for gulls, ravens, crows, or Regulatory Mechanisms
sick from the international boundary red foxes; and the proximity of urban The petition did not provide any
with Mexico to North Island Naval Air areas supporting dogs and cats (Service information about this threat. Our
Station in San Diego Bay during the 2001). Plovers spend so much energy information is discussed below.
period of January through June, 2005. reacting to human disturbance that their
Although the cause of death remains ability to react appropriately to actual Federal Laws
uncertain, researchers believe an predators is lessened (Powell et al.
United States
unknown toxin may be the cause. Tests 2002), either due to acclimation (Page et
have not identified the cause of al. 1977) or stress and loss of foraging Since the species is currently listed
sickness. We do not know if the illness opportunities (Ruhlen et al. 2003). under the Endangered Species Act of
extends within the Mexican portion of The petition asserts that humans may 1973, as amended (16 U.S.C. 1531 et
the Pacific Coast WSP. There is also a have helped plover populations by seq.), this law is the primary mechanism
potential that ‘‘Bird Flu’’ (influenza) killing many plover predators. Intensive for protecting the Pacific Coast WSP.
could also affect snowy plovers and management and control of predators Multiple sections of the Act contain
other wildfowl, although Bird Flu has has likely led to an increase in plover provisions that promote conservation of
not been documented in the United numbers since the DPS was listed. The listed species. Section 2(c)(1) states the
States. use of nest exclosures has increased policy of Congress that all Federal
The petition raised the issue of hatch rates (Colwell et al. 2005; Lauten agencies shall seek to conserve listed
predation in both an historical and in litt. 2004; Fancher et al. in litt., 2005), species and utilize their authorities to
contemporary context. Specifically, the and the removal of predators at selected further purposes of the Act. Section 4
petition maintains that humans have sites has improved fledging rates outlines: The threat factors for which a
been altering predator populations in (Lauten, et al. 2006). However, species can be listed; the formation of
California since the 1700s when predation still impacts reproductive recovery teams and development of
Spanish explorers began their success at numerous nesting locations recovery plans to address those threats;
movements along the Pacific Coast. (Persons and Applegate 1997; Colwell et reclassifications and delisting, and post
delisting monitoring requirements; and Coast WSP, including dredging and Mexico
protective regulations (special rules) for most sand-mining operations, Other than the MBTA, the Pacific
threatened species. Section 5 discusses construction of jetties and breakwaters, Coast WSP has no regulatory protection
conservation of listed species through beach nourishment projects, oil and in Mexico.
land and water acquisition. Section 6 contaminant spills, sewage discharge, Summary of Federal Regulations.
calls for cooperation with the States by construction in many ephemeral pool Other than the Endangered Species Act
entering into management and areas forming in dune hollows, and
and MBTA, existing U.S. Federal laws
cooperative agreements, and providing discharge of fill material capable of
and regulations only provide protection
funding to those States with cooperative altering river flows and sand deposition.
for the Pacific Coast WSP in specific
agreements. Section 7 requires Federal Permits for dredge and fill discharge,
cases, such as where the species may be
agencies to carry out programs to including that resulting from
impacted by dredge and fill projects.
conserve listed species and to consult construction, are governed by the Army
These protections are therefore applied
with the Service to ensure that their Corps of Engineers (Corps). Permits for
sporadically throughout the range of the
actions do not jeopardize the continued actions likely to affect listed species
Pacific Coast WSP, and are currently
existence of listed species. Section 9 receive greater scrutiny, and no
inadequate to comprehensively address
makes it unlawful to import, export, discharge of dredged or fill material
take, or violate any regulation pertaining shall be permitted if it jeopardizes the the threats to the species. Absent the
to listed wildlife, and on Federal lands, continued existence of a listed species protection accorded due to its listed
plants. Section 10 authorizes: Scientific or results in the likelihood of the status, these statutes and regulations
permits for research or to enhance the destruction or adverse modification of will not provide sufficient minimal
survival and recovery of listed species; critical habitat (40 CFR 230.10). protections for the Pacific Coast WSP.
incidental take permits based on a Section 10 of the Rivers and Harbors Mexican laws and regulations are also
habitat conservation plan that will not Act (33 U.S.C. 403) requires a permit inadequate to comprehensively address
appreciably reduce the likelihood of from the Corps for any structure or work the threats to the species.
survival and recovery of the listed that takes place in, under, or over a State Laws
species; and experimental populations navigable water or wetland adjacent to
outside a species’ current range. Section navigable waters of the United States State lands administered by the
11 assesses civil and criminal penalties (Army Corps of Engineers, in litt. 2004). California Department of Parks and
for violations of the Act or its As with the CWA, permits for actions Recreation, California Department of
implementing regulations. These likely to affect listed species receive Fish and Game, Oregon Department of
provisions are applicable to the greater scrutiny. Fish and Wildlife, Oregon Parks and
protection of a species while it is on the The National Environmental Policy Recreation Department, Washington
Federal List of Endangered and Act, as amended (42 U.S.C. 4321–4347), Department of Fish and Wildlife,
Threatened Wildlife and Plants. If requires that each Federal agency Washington State Parks and Recreation
removed from the list, the Pacific Coast prepare an environmental impact Commission, and Washington
WSP would no longer receive the statement on the potential Department of Natural Resources play
protections of listing or from the environmental consequences of major an important role in conservation of
designation of critical habitat. Federal actions under their jurisdiction. This western snowy plovers and their
agencies would no longer consult with does not preclude the agency from habitats. Approximately 21 percent, 12
us concerning the impacts of actions choosing environmentally damaging percent, and 9 percent of the breeding
that may affect Pacific Coast WSP to actions, but it does disclose the population of western snowy plover in
ensure that such actions do not existence of such actions and any less California, Oregon, and Washington,
jeopardize the continued existence of environmentally damaging alternatives. respectively, occurs on State lands.
Pacific Coast WSP, nor would The Coastal Zone Management Act Intensive management for western
individuals seek section 10(a)(1) permits (CZMA) (16 U.S.C. 1451–1464) helps snowy plovers occurs at a number of
for private actions affecting the species. fund State development of State-owned plover habitat areas.
It is possible that, in the absence of the comprehensive programs to protect and
California
Federal listing, many state/local manage coastal resources, and requires
regulations and programs that currently Federal agencies to act consistently with The western snowy plover is a Bird
protect the Pacific Coast WSP would be those programs. Species of Special Concern in
repealed and dismantled. Finally, the National Wildlife Refuge California. This designation confers no
The Migratory Bird Treaty Act System Improvement Act of 1997 (Pub. regulatory advantage, but is associated
(MBTA) (16 U.S.C. 703 et seq.), protects L. 105–57) establishes the protection of with recommendations and increased
Pacific Coast WSP, and their eggs and biodiversity as the primary purpose of visibility to management agencies
nests, from being killed, taken, the national wildlife refuge system. This (Remsen 2003).
captured, or pursued. However, it does has lead to various management actions The California Coastal Management
not protect habitat except to the extent to benefit Pacific Coast WSP at national Program, administered by the California
that habitat alterations would directly wildlife refuges in the three Pacific Coastal Commission in accordance with
kill birds. coastal States. For instance, the Don the CZMA includes a system of: (1)
The Clean Water Act (CWA) (33 Edwards-San Francisco Bay National Coastal permits and appeals; (2)
U.S.C. 1251 et seq.) prohibits Wildlife Refuge has acquired lands and planning and implementation of local
unpermitted discharge of pollutants is working with the Cargill Salt coastal programs; and (3) Federal
(including dredge and fill material) into Company to restore historic salt marsh consistency review. Most local coastal
‘‘the waters of the United States’’ (33 around San Francisco Bay (M. Kolar, in programs and general plans were
U.S.C. 1311, 1362), including most litt. 2004). Other coastal refuges in these completed prior to the 1993 Pacific
rivers, streams, wetlands, and the ocean States provide benefits to plovers and Coast WSP’s listing; therefore, many do
below high tide (33 U.S.C 1362; 33 CFR are an important component of the not reflect protective measures
328.3, 328.4). The CWA affects recovery strategy for the Pacific Coast specifically for the western snowy
numerous potential threats to Pacific WSP. plover. However, it is likely that the
Pacific Coast WSP has benefited from management. Symbolic fencing, nest authorizes the preparation of a recovery
actions, such as limiting development, exclosures, lethal and nonlethal plan for the species. The State’s
regulated by the California Coastal methods of predator control, and Shoreline Management Act (RCW
Commission in some areas. outreach techniques have all been 90.58), which enacts coastal zone
In California, biannual western snowy pioneered in this area. Plovers had management programs applicable to the
plover coordination meetings are held record reproductive success at Monterey CZMA, also provides some protection to
among Federal and State agencies and Bay during 2003 (Page, et al. 2005). the species by requiring local planning
Point Reyes Bird Observatory staff to Management actions at Oceano Dunes efforts to regulate coastal development.
track the breeding population of western State Vehicular Recreation Area have The Shoreline Management Act exempts
snowy plovers in the Monterey Bay also bolstered the plover numbers. The single family housing construction from
area. Meetings of this working group California State Parks is developing a the coastal permit process (WDOE
have been ongoing since 1991. Habitat Conservation Plan (HCP) for 1999).
Management needs such as exclosures, plovers for the San Luis Obispo District, In summary, while State laws and
symbolic fencing, predator control, including Oceano Dunes State Vehicular regulations provide some level of
removal of exotic vegetation, and Recreation Area. protection for the Pacific Coast WSP,
acquisition of key sites are considered those protections are not consistent
and planned through this forum. A Oregon throughout the Pacific Coast WSP’s
working group for San Luis Obispo and The western snowy plover is listed as range. As a result, these existing
Santa Barbara Counties, consisting of threatened under the Oregon regulatory mechanisms do not address
site managers, western snowy plover Endangered Species Act (Oregon threats to the Pacific Coast WSP to such
monitors, and our staff, began meeting Administrative Rules (OAR) 635–100– an extent that it is no longer in need of
twice annually in 2001 to address 0125). This OAR protects against actions the protections of the Act.
management needs of the Pacific Coast that would directly kill plovers (OAR
635–100–0100, 41 ORS 498.026), and Local Regulations
WSP. The group is also coordinating
window surveys of breeding and also requires the establishment of In addition to various protections for
wintering birds in that region. ‘‘survival guidelines,’’ which in the coastal habitat enacted under the CZMA
Management actions of California plover’s case refers to a conservation related statutes (see above), several local
State Parks along with other entities. program defined at OAR 635–105–000. jurisdictions, such as Half Moon Bay,
The California State Parks has been a The program authorizes the preparation California, and Coos and Curry
leader with habitat restoration, of several site-specific management Counties, Oregon, have enacted
monitoring, and the use of symbolic plans for State lands. State agencies regulatory policies specifically to
fencing to direct human use at the must consult with the Department of protect the western snowy plover.
beach. Plovers nested at Manchester Fish and Wildlife (ODFW) as to whether However, based on results of a
State Beach for the first time in 2003, their actions are consistent with the questionnaire sent to local governments,
and returned in 2004. A single plover local management plan (if one exists), or it appears that other local planning
nest was documented at Gold Bluffs if not, whether the actions will efforts generally do not take the snowy
Beach in 2004, which was the first since appreciably reduce the likelihood of plover into account (Service 2001). In
the early 1980s. Humboldt County Parks survival or recovery of the western totality, existing local regulations are
has enacted a ‘‘plover friendly’’ snowy plover. The action agency makes inadequate to address the Pacific Coast
ordinance to reduce impacts to breeding the final determination. At this time, the WSP’s threats to such an extent that it
plovers. The Bureau of Land local management plans are not is no longer in need of the protections
Management and the California completed, but an interagency group has of the Act.
Department of Fish and Game also been formed to work on them, as well Many of these Federal, State, and
manage winter and breeding habitat, as on a Statewide habitat conservation local regulatory mechanisms were in
and have conducted habitat restoration plan under section 10 of the Act, and on place prior to the Federal listing of the
and human disturbance management coordination of various protective Pacific Coast WSP, and were not
(Colwell, et al. 2005). management efforts such as predator adequate to prevent the loss and
The California State Parks and the control and monitoring (Lauten, et al. degradation of Pacific Coast WSP
Point Reyes Bird Observatory have 2006). habitat and decreases in Pacific Coast
developed some of the leading outreach Oregon has also developed a coastal WSP population numbers, and
tools, such as the docent program zone planning system consistent with therefore, not adequate to preclude the
implemented at Half Moon Bay State the CZMA, which includes several need to list the Pacific Coast WSP under
Beach, that have been found to be elements beneficial to western snowy the Endangered Species Act (Service
effective rangewide. California State plovers and their habitat. The system 1993). While some significant gains in
Parks and the Point Reyes Bird requires local jurisdictions to develop protection have been made by entities
Observatory have worked cooperatively local comprehensive plans and such as California State Parks, overall,
with the National Park Service (Golden implementing measures according to a we find that the existing regulatory
Gate National Recreation Area and Point set of 19 goals. Those goals include mechanisms, beyond the listing itself,
Reyes National Seashore), the Salinas requirements for protection of wildlife have not addressed the threats facing
River National Wildlife Refuge (NWR), habitat, including estuarine, beach and the Pacific Coast WSP, and are therefore
and the California Department of Fish dune ecosystems, and also encourage not sufficiently adequate to warrant
and Game to manage human use in planning and coordination among delisting of the Pacific Coast WSP. The
plover wintering and breeding habitat agencies. Endangered Species Act provides
adjacent to large population centers comprehensive conservation of the

(Page, et al., 2005). Washington Pacific Coast WSP and provides the
The Salinas River NWR, along with The snowy plover is listed as mechanisms under which we can
California State Parks and Point Reyes endangered under the State endangered continue to work with the States and
Bird Observatory, has made significant species regulations (Washington local governments to implement actions
achievements in habitat and predator Administrative Code 232–12–14), which to recover the species. Delisting would
remove this most comprehensive means interrupts foraging, and depletes energy Plover populations can be negatively
of achieving the eventual recovery of the reserves needed by the adult, which impacted by oil spills (Persons and
species. We thus conclude that the may result in reductions to nesting Applegate 1997; U.S. Bureau of Land
regulatory mechanisms in the absence of success during the breeding season and Management 2001; Kritz 1999). Oiled
listing are inadequate to address the in reduced survivorship during the plovers lose their ability to regulate
threats to the Pacific Coast WSP to such winter (Lafferty 2001). their body temperature and often die of
an extent that it is no longer in need of Surveys at VAFB, from 1994 to 1997, hypothermia or exposure. Additionally,
the protections of the Act. found the rate of nest loss on southern oiled adults can pass oil onto eggs if
beaches to be consistently higher than they are incubating. Oil on eggs limits
E. Other Natural or Manmade Factors that on north beaches where
Affecting Its Continued Existence their ability to breathe, and introduces
recreational use was much lower toxic hydrocarbons. Likewise, oiled
The petition did not provide any (Persons and Applegate 1997). Ruhlen et adults that attempt to preen inhale and
information about this threat. However, al. (2003) found that increased human ingest hydrocarbons. Invertebrate
our information shows that most Pacific activities at Point Reyes, California,
Coast WSP nesting areas occur on populations are likely reduced as a
beaches resulted in a lower plover chick
unstable sandy substrate which results result of beaches being oiled, reducing
survival rate. Nests may also be lost
in weather-related nest loss, a fairly the available plover prey base. Oiled
directly from human recreational
common natural phenomenon. High activities. Warriner et al. (1986) invertebrates may also be another source
tides and strong winds cause nest losses documented a 14 percent loss of of hydrocarbon ingestion for plovers.
annually. Events such as extreme high clutches at a Monterey Bay site due to During the 1990s, at least six oil spill
tides (Wilson 1980; Stenzel et al. 1981), being stepped on, driven over, or incidents in California and one in
river flooding (Stenzel et al. 1981; deliberately collected. Motorized Oregon resulted in adverse impacts to
Colwell et al. 2004), and heavy rain vehicles, where allowed onto stretches plovers. For example, in February 1999,
(Wilson 1980; Warriner et al. 1986; Page of beach used by plovers, can stress or the freighter New Carissa went aground
1988) have been reported as causes that directly kill adults and chicks, as well near the North Jetty of Coos Bay,
destroy or wash away nests. The annual as destroy nests and eggs (Colwell et al. Oregon, leaking oil from the stern
percentage of total nest loss attributed to 2004). Plovers’ cryptic coloration and section on repeated occasions (U.S.
weather-related phenomenon has habit of crouching in depressions such Bureau of Land Management 2001). The
reached 15 to 38 percent at some as tire tracks make them particularly incident oiled over 50 percent of the
locations (Wilson 1980; Warriner et al. susceptible to being hit by vehicles. Oregon wintering population of western
1986). Severe winter storms may also They are especially vulnerable at night, snowy plover (Kritz 1999). Had this
significantly impact plover populations. when they are most difficult to see. occurred during nesting season at one of
For example, after a series of severe Recent efforts in various areas have been the major nesting sites the impacts (both
storms during the winter of 1997 to implemented to isolate nesting plovers from the oil directly and from
1998, coinciding with an El Niño event from recreational beach users through subsequent disturbance due to the spill
(a collection of oceanic and atmospheric the use of docents, symbolic fencing, response crew) could have been
phenomena involving shifted trade and public outreach, and have extremely severe. Plovers may also be
winds and warmer ocean waters), the correlated with higher nesting success affected by chronic oil pollution not
plover breeding population at VAFB in those areas (Page et al. 2003; K. easily attributable to specific spills.
suffered a 10 to 30 percent decline Palermo, in litt. 2004; G. Page, in litt. Intermittent oil spills from unknown
(Applegate and Schultz 1999). 2004a). sources have been noted on central
Additionally, erosion of beach sand or Motor vehicles that are driven in California beaches for decades. The
flooding of coastal lagoons or river bars breeding habitat may result in the cause of some of these spills, such as
may reduce habitat available for nesting crushing of eggs, chicks, and adults; those related to periodic oil leakages
in some years (Colwell et al. 2005), cause abandonment of nests; separate from the sunken vessel S. S. Jacob
which likely forces some plovers to nest chicks from brooding adults; and Luckenbach, have recently been
in marginal habitat where nesting provide a source of considerable stress identified, while the source of others
success is lower. and disturbance to plover family groups remains a mystery (Hampton et al.
Disturbance of nesting or brooding and wintering plovers (J. Myers, in litt. 2003).
plovers by humans and domestic 1988; Stern et al. 1990b; Widrig 1980).
animals is a major factor affecting In Baja California, Mexico, vehicle In summary, we conclude that
nesting success. Plovers leave their traffic at Laguna Ojo de Liebre has unmanaged human disturbances and
nests when humans or pets approach destroyed plover nests and chicks, and impacts related to oil spills remain a
too closely. Disturbance distances that the level of off-road vehicle use was significant threat to the Pacific Coast
may cause plovers to leave their nests considered ‘‘heavy’’ at 3 of 16 nesting WSP. Unmanaged human disturbances
vary widely, from about 3 to 200 meters areas surveyed (Palacios et al. 1994). In that negatively impact Pacific Coast
(10 to 656 feet) in a Point Reyes, addition to recreational vehicles, WSP primarily include disturbance of
California, study (Page et al. 1977), and vehicles used for military activities have nesting or brooding plovers by humans
from about 3 to 50 meters (10 to 164 also caused western snowy plover and domestic animals and motorized
feet) in a study at VAFB, California mortality (Powell et al. 1995; Powell et vehicle use. Oil spills and their
(Fahy and Woodhouse 1995). Humans al. 1997; Persons 1994). associated clean-up can result in
accompanied by dogs tend to elicit Additional recreational activities with reproductive failure, direct mortality
stronger avoidance responses than potential impacts similar to those and injury from being oiled, and
humans alone (Page et al. 1977; Fahy discussed for pedestrians include contamination of food sources. The
and Woodhouse 1995; Lafferty 2001). commercial and surf fishing, clamming, significance of an oil spill to plovers
Dogs may also deliberately chase campfires, and camping. If conducted depends on the extent of the spill, the
plovers and trample nests (Lafferty near a nest, these activities may result material spilled, and the timing of the
2001). Repeated flushing of incubating in long-term disturbance and ultimately spill in relation to plover habitat and
plovers exposes the eggs to the weather, nest abandonment (Colwell et. al. 2003). breeding chronology.
Status of the DPS—Conclusion Finding certainty (listing Factor D) that

We have carefully assessed the best conservation efforts will be
Threats to the Pacific Coast WSP implemented or that they will be
remain essentially the same as at the scientific and commercial information
available regarding the past, present, effective in reducing the level of threat
time of its listing in 1993. However, the to the Pacific Coast WSP throughout the
and future threats faced by this species.
magnitude of the threats has been listed range.
We reviewed the petition, available
reduced through active management
published and unpublished scientific Therefore we believe that the Pacific
afforded by protections under the Act,
and commercial information, and Coast WSP DPS is still likely to become
with a resultant increase to the overall information submitted to us during the
Pacific Coast WSP population. Despite endangered within the foreseeable
public comment period following our future. In addition, we therefore believe
the reduction in the threats’ magnitude 90-day petition finding. This finding
relative to the time of listing, the Pacific (per the analysis conducted as part of
reflects and incorporates information we the 12 month status review and the 5-
Coast WSP is still at risk. The most received during the public comment
important threats are ongoing habitat year review) that the Pacific Coast WSP
period and responds to significant
loss and fragmentation; mortalities, should remain classified as a threatened
issues. We also consulted with
injuries, and disturbance resulting from recognized western snowy plover species, because it is not extinct, it is
human activities; and lack of experts and Federal and State resource not considered to be recovered, and the
comprehensive State and local agencies. Based on this review, we find original data used for classification were
regulatory mechanisms throughout the that (1) the Pacific Coast WSP not in error.
range of the WSP. Although overall constitutes a valid DPS, which is both While the finding reflects the analyses
increases in plover numbers (which can discrete and significant under our DPS conducted to fulfill our responsibilities
be attributed to management actions policy, (2) delisting of the Pacific Coast under sections 4(b)(3)(A) (status review)
currently being implemented) have been WSP is not warranted due to continued and 4(c)(2) (5-year review) of the Act,
observed, plover population sizes are existence of threats to the DPS and its we request that you submit any new
low or plovers are absent throughout habitat, and (3) the DPS should remain information, whenever it becomes
parts of their historical range in classified as threatened. We reviewed available, for this species concerning
Washington, Oregon, and California. the available data and information on status and threats. This information will
Accordingly, we find that the Pacific the life history and ecology of the help us monitor and encourage the
Coast WSP continues to qualify as a Pacific Coast WSP and did not find conservation of this species. We intend
threatened species under the Act (see convincing information that the plover that any action for the Pacific coast DPS
also Finding section below). was listed in error or that the threats of the western snowy plover be as
We also note that: because some of the have changed to such an extent as to
accurate as possible. Therefore, we will
threats have been reduced, the warrant delisting.
In making this determination we have continue to accept additional
estimated WSP population levels in the information and comments from all
followed the procedures set forth in
United States have increased over the concerned governmental agencies, the
section 4(a)(1) of the Act and regulations
last 4 years (L. Stenzel, in litt. 2004a); scientific community, industry, or any
implementing the listing provisions of
management actions in several areas other interested party concerning this
the Act (50 CFR part 424). We recognize
appear to be effective (Page et al. 2003; finding.
that in the past there have been declines
G. Page, in litt. 2004a); and numerous
in the distribution and abundance of the References Cited
local management plans, habitat Pacific Coast WSP, primarily attributed
conservation plans, and integrated to habitat loss and alteration. Much of A complete list of all references cited
natural resource management plans the Pacific Coast WSP’s historic habitat is available on request from the Arcata
have been implemented or are in the and range has been lost or degraded. Fish and Wildlife Office (see
planning stages (Lauten et al. 2006; There is substantial information ADDRESSES).
Colwell et al. 2005). We find these indicating that plover habitat continues
trends and management actions to be threatened with loss and Author(s)
encouraging. We believe significant fragmentation (listing Factor A)
progress has been made toward recovery The primary author of this document
resulting in a negative impact on plover
in a relatively short period of time distribution and abundance. Mortalities is staff from the Arcata and Sacramento
(approximately 10 years), and that and injuries resulting from human Fish and Wildlife Offices (see FOR
continued implementation of recovery activities that cause continued habitat FURTHER INFORMATION CONTACT).
actions that reduce the remaining loss and disturbance (listing Factors A Authority
threats could justify a delisting of the and E) may be frequent enough to
Pacific Coast WSP in the near future. In prevent local recovery of populations, or The authority for this action is the
the interim period, we are providing a prevent the re-occupation of suitable Endangered Species Act of 1973, as
mechanism that will afford regulatory habitat. Although overall increases in amended (16 U.S.C. 1531 et seq.).
relief for areas that are contributing to plover numbers (which can be Dated: April 13, 2006.
recovery now. In today’s issue of the attributed to management actions
Federal Register, we have published a H. Dale Hall,
currently being implemented) have been
proposal for a special rule under section observed, plover population sizes are Director, Fish and Wildlife Service.
4(d) of the Act that would exempt low, and plovers are absent throughout [FR Doc. 06–3792 Filed 4–20–06; 8:45 am]
certain actions in certain areas from the parts of their historical range in BILLING CODE 4310–55–P
section 9 take prohibitions of the Act, Washington, Oregon, and California.
throughout the range of the DPS. Please Although there are some local
see the Proposed Rules Section of exemptions, current regulations
today’s Federal Register for more (particularly if the protections of the Act
information on this proposal. are removed) provide insufficient

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Proposed Rule: Endangered and Threatened Species: Critical Habitat Designations&#8212 Western Snowy Plover Pacific Coast Population Segment Delisting

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Federal Register / Vol. 71, No.

77 / Friday, April 21, 2006 / Proposed Rules 20607

BILLING CODE 4310–55–C

Observed Observed Current popu-

U.S. Pacific Coast .............................................................................. 2005 .................. A 1,795 2,334.

Pacific Coast WSP Estimated Total 3,695 4,804.

Interior U.S., west of Rocky Mtns.:

Oklahoma ................................................................................... 1986–92 .................. C, G 2,007 2,609.

Observed Observed Current popu-

Presa Acecatecana .................................................................... .................. 12

Estimated Grand Total for the Subspecies 18,566 24,136.

illustrate that the amount of interchange population. Later censuses include

adjacent to large population centers comprehensive conservation of the

Status of the DPS—Conclusion Finding certainty (listing Factor D) that

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