Browse: Departments   Dates   Agencies  

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

CFR Citation: 50 CFR Part 17

RIN ID: RIN 1018-AG14

NOTICE: RULES

ACTION: Endangered and threatened species:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Endangered and Threatened Wildlife and Plants; Final Determination of Critical Habitat for the Great Lakes Breeding Population of the Piping Plover

EFFECTIVE DATES: This final rule is effective June 6, 2001.

DOCUMENT SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate critical habitat pursuant to the Endangered Species Act (Act) of 1973, as amended for the Great Lakes breeding population of the piping plover. The Great Lakes breeding population of the piping plover is listed as an endangered species under the Act. A total of approximately 325 km (201 mi) of Great Lakes shoreline (extending 500 m (1640 ft) inland) in 26 counties in Minnesota, Wisconsin, Michigan, Illinois, Indiana, Ohio, Pennsylvania, and New York, is designated as critical habitat for the Great Lakes population of the piping plover. The total length of designated shoreline is divided among 35 separate critical habitat units.

Section 7 of the Act requires Federal agencies to ensure that actions they authorize, fund, or carry out are not likely to destroy or adversely modify critical habitat. As required by section 4 of the Act, we considered economic and other relevant impacts prior to making a final decision on what areas to designate as critical habitat.

SUMMARY: Critical habitat designations—; Piping plover; Great Lakes breeding population,

SUPPLEMENTAL INFORMATION

Background

The piping plover (Charadrius melodus), named for its melodic mating call, is a small, palecolored North American shorebird. It weighs 4363 grams (1.52.5 ounces) and is 1718 centimeters (cm) (67 inches (in.)) long (Haig 1992). Its light, sandcolored plumage blends in well with the sandy beach, its primary habitat. Plumage and leg color help distinguish this bird from other plover species. During the breeding season, the legs are bright
[[Page 22939]]
orange, and the short, stout bill is orange with a black tip. There are two single dark bands, one around the neck and one across the forehead between the eyes. The female's neck band is often incomplete and is usually thinner than the male's (Haig 1992). In winter, the bill turns black, the legs fade to pale orange, and the black plumage bands on the head and neck are lost. Chicks have speckled gray, buff, and brown down, black beaks, pale orange legs, and a white collar around the neck. Juveniles resemble wintering adults and obtain their adult plumage the spring after they fledge (USFWS 1994).

Dominant plants within Great Lakes piping plover habitat include marram grass (Ammophila brevigulata), beach wormwood (Artemesia campestris), silverweed (Potentilla anserina), Lake Huron tansy (Tanacetum huronense), pitcher's thistle (Cirsium pitcheri), beach pea (Lathyrus maritimus var. glaber), sea rocket (Cakile edentula), sedges (Carex spp.), goldenrods (Solidago spp.), sand cherry (Prunus pumila), bearberry (Arctostaphylus uvaursi), creeping juniper (Juniper horizontalis), cottonwood (Populus deltoides), and willow (Salix spp.).

The breeding range of the piping plover extends throughout the northern Great Plains, the Great Lakes, and the Atlantic Coast in the United States and Canada. Based on this distribution, three breeding populations of piping plovers have been described: the Northern Great Plains population, the Great Lakes population, and the Atlantic Coast population.

The northern Great Plains breeding range extends from southern Alberta, northern Saskatchewan, and southern Manitoba, south to eastern Montana, the Dakotas, southeastern Colorado, Iowa, Minnesota, and Nebraska, and east to Lake of the Woods in northcentral Minnesota. The majority of the United States pairs in this population are in the Dakotas, Nebraska, and Montana (USFWS 1994). Occasionally, Great Plains birds nest in Oklahoma and Kansas. On the Atlantic coast, piping plovers nest from Newfoundland, southeastern Quebec, and New Brunswick to North Carolina. Sixtyeight percent of all nesting pairs breed in Massachusetts, New York, New Jersey, and Virginia (USFWS 1999). In the Great Lakes watershed, piping plovers formerly nested throughout much of the northcentral United States and southcentral Canada on beaches in Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, Wisconsin, and in Ontario, Canada. Currently they are limited to northern Michigan and, recently, at one site in northern Wisconsin.

Piping plovers are migratory birds. They leave the breeding grounds between late July and early September and head for their wintering grounds, where they spend more than eight months of the year. Although the breeding ranges of the three piping plover populations are separate, their wintering ranges overlap and extend along the Atlantic and Gulf Coasts from North Carolina to Mexico and into the West Indies and Bahamas. Resightings of colorbanded birds from the Great Lakes breeding population have occurred along the coastlines of North and South Carolina, Georgia, Florida, Louisiana, and Texas.

Presettlement populations of piping plovers in the Great Lakes are estimated at 492682 breeding pairs (Russell 1983), although these estimates may be high (F. Cuthbert, professor, University of Minnesota, Minneapolis, pers. comm., 2000). In recent decades, piping plover populations have declined drastically, especially in the Great Lakes, coinciding with industrial development, urbanization, and increased recreational pressures. In 1973, the piping plover was placed on the National Audubon Society's Blue List of threatened species. By that time, piping plovers had been extirpated from beaches in Illinois, Indiana, Ohio, New York, Pennsylvania, and Ontario, and only a few birds were continuing to nest in Wisconsin (Russell, 1983). By 1977, the Great Lakes breeding population had decreased to 31 nesting pairs (Lambert and Ratcliff 1981) and by the time the species was listed under the Endangered Species Act in 1985, the Great Lakes breeding population had dwindled to only 17 breeding pairs, and the breeding areas had been reduced from sites in eight States to only portions of northern Michigan.

Since the species was listed, the Great Lakes breeding population has gradually increased and expanded its range within Michigan and into Wisconsin. In 1999, 31 pairs of piping plovers nested on the Great Lakes shoreline of northern Michigan and 1 pair nested in northern Wisconsin (Stucker and Cuthbert, 1999). In 2000, 30 pairs were documented, all in northern Michigan (Stucker et al. 2000). The slow population increase over the past 15 years has been aided by intense State, Tribal, Federal, and private conservation actions directed at the protection of the piping plover. Activities such as habitat surveys, beach restoration, public education, habitat protection and enhancement, and the protection of nests from predators and disturbance through the use of predator exclosure fencing have all contributed to the improving status of the Great Lakes piping plover.

Great Lakes piping plovers nest on shoreline and island sandy beaches with sparse vegetation and the presence of small stones (greater than 1 cm (0.4 in.)) called cobble. Piping plovers spend 3 to 4 months a year on the breeding grounds. Nesting in the Great Lakes region begins in early to midMay. Plovers lay 3 to 4 eggs in a small depression they scrape in the sand among the cobblestones and are, therefore, very difficult to see. Both sexes are involved in incubating the eggs, which hatch in about 28 days. Young plovers can walk almost as soon as they hatch, but remain vulnerable to predation and disturbance for another 2130 days until they are able to fly.

Nesting piping plovers are highly susceptible to disturbance by people and pets on the beach. Human disturbance disrupts adult birds' care of their nests and young and may inhibit incubation of eggs (USFWS 1994). Furthermore, adults may leave the nest to lure away an intruder, leaving the eggs or chicks vulnerable to predators and exposure to weather. Ultimately, disturbance may lead to the abandonment of nests (USFWS 1994). As a result of disturbance and other natural and human caused factors such as high water levels, flooding, eroding beaches, and beachfront commercial, recreational, and residential development, reproduction of Great Lakes piping plovers has been severely affected, resulting in perilously low numbers of nesting plovers (USFWS 1994).

This rule applies only to the breeding range of the Great Lakes population in the United States.

Previous Federal Actions

On December 30, 1982, we published a notice of review in the Federal Register (47 FR 58454) that identified vertebrate animal taxa being considered for addition to the List of Threatened and Endangered Wildlife. We included the piping plover in that review list as a Category 2 Candidate species, indicating that we believed the species might warrant listing as threatened or endangered, but that we had insufficient data to support a proposal to list at that time. Subsequent review of additional data indicated that the piping plover warranted listing, and in November, 1984, we published a proposed rule in the Federal Register (49 FR 44712) to list the piping plover as endangered in the Great Lakes watershed and as threatened along the Atlantic Coast, the Northern Great Plains, and elsewhere in [[Page 22940]]
their range. The proposed listing was based on the decline of the species and the existing threats, including habitat destruction, disturbance by humans and pets, high levels of predation, and contaminants.

After a review of the best scientific data available and all comments received in response to the proposed rule, we published the final rule (50 FR 50726) on December 11, 1985, listing the piping plover as endangered in the Great Lakes watershed (Illinois, Indiana, Michigan, northeastern Minnesota, New York, Ohio, Pennsylvania, Wisconsin, and Ontario, Canada) and as threatened along the Atlantic coast (Quebec, Newfoundland, Maritime Provinces, and States from Maine to Florida), and in the Northern Great Plains region (Iowa, northwestern Minnesota, Montana, Nebraska, North Dakota, South Dakota, Alberta, Manitoba, and Saskatchewan). All piping plovers on migratory routes outside of the Great Lakes watershed or on their wintering grounds are considered threatened. We did not designate critical habitat for the species at that time.

After 1986, we focused our efforts on recovery by forming two recovery teams, the Great Lakes/Northern Great Plains Piping Plover Recovery Team and the Atlantic Coast Piping Plover Recovery Team. In 1988 the Great Lakes and Northern Great Plains (USFWS 1988b) and Atlantic Coast (USFWS 1988a) Recovery Plans were published. In 1994, the Great Lakes/Northern Great Plains Recovery Team began to revise the Recovery plan for these two populations (USFWS 1994). The 1994 draft included updated information on the species and was distributed for public comment. Subsequently, we decided that the recovery of these two inland populations would benefit from separate recovery plans. Individual recovery plans for the Great Lakes and Northern Great Plains populations are presently under development.

The final listing rule for the piping plover indicated that designation of critical habitat was not determinable. Thus, designation was deferred. No further action was subsequently taken to designate critical habitat for piping plovers. On December 4, 1996, Defenders of Wildlife (Defenders) filed a suit (Defenders of Wildlife and Piping Plover v. Babbitt, Case No. 96CV02965) against the Department of the Interior and the Service over the lack of designated critical habitat for the Great Lakes population of the piping plover. Defenders filed a similar suit (Defenders of Wildlife and Piping Plover v. Babbitt, Case No. 97CV000777) for the Northern Great Plains piping plover population in 1997. During November and December 1999, and January 2000, we began negotiating a schedule for piping plover critical habitat decisions with Defenders. On February 7, 2000, before the settlement negotiations were concluded, the United States District Court for the District of Columbia issued an order directing us to publish a proposed critical habitat designation for nesting and wintering areas of the Great Lakes population of the piping plover by June 30, 2000, and for nesting and wintering areas of the Northern Great Plains piping plover population by May 31, 2001. A subsequent order, after requesting the court to reconsider its original order relating to final critical habitat designation, directs us to finalize the critical habitat designations for the Great Lakes population by April 30, 2001, and for the Northern Great Plains population by March 15, 2002. For biological and practical reasons, we chose to propose critical habitat for the Great Lakes breeding birds and for all wintering birds in two separate rules published concurrently.

On July 6, 2000, we published a proposed determination for the designation of critical habitat for the Great Lakes breeding population of the piping plover (65 FR 41812). A total of approximately 305 km (189 mi) (extending 1 km (0.6 mi) inland) was proposed as critical habitat for this piping plover population in 27 counties in Minnesota, Wisconsin, Michigan, Illinois, Indiana, Ohio, Pennsylvania, and New York. The comment period was open until September 5, 2000. During this 60day comment period, we held seven public hearings (Ashland, Wisconsin, on July 17; Green Bay, Wisconsin, on July 18; Newberry, Michigan, on July 19; Traverse City, Michigan, on July 20; Indiana Dunes, Indiana, on July 24; Cleveland, Ohio, on July 25; and Watertown, New York, on July 27). On September 19, 2000, we published a document (65 FR 56530) announcing the reopening of the comment period on the proposal to designate critical habitat for the Great Lakes breeding population of the piping plover and a notice of the availability of the draft economic analysis on the proposed determination. Our intention was for this comment period to be reopened for 60 days, but the document stated that the comment period closed on October 19, 2000, or 30 days. Therefore, on September 28, 2000, we published a document (65 FR 58258) correcting the closing date of the reopened comment period to November 20, 2000.

Critical Habitat

Critical habitat is defined in section 3 of the Act as (i) the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (I) essential to the conservation of the species and (II) that may require special management consideration or protections; and (ii) specific areas outside the geographic area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. ``Conservation'' means the use of all methods and procedures that are necessary to bring an endangered or a threatened species to the point at which listing under the Act is no longer necessary.

Critical habitat receives protection under section 7 of the Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded, or authorized by a Federal agency. Section 7 also requires conferences on Federal actions that are likely to result in the destruction or adverse modification of proposed critical habitat. In our regulations at 50 CFR 402.02, we define destruction or adverse modification as ``. . . the direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical.'' Aside from the added protection that may be provided under section 7, the Act does not provide other forms of protection to lands designated as critical habitat. Critical habitat designation would not afford any additional protections under the Act against activities on private or other non Federal lands that do not involve a Federal nexus because the requirement for consultation under section 7 of the Act does not apply to activities on these types of lands.

In order to be included in a critical habitat designation, the habitat must first be ``essential to the conservation of the species.'' Critical habitat designations identify, based on the best scientific and commercial data available, habitat areas that provide essential life cycle needs of the species (i.e., areas on which are found the primary constituent elements, as defined at 50 CFR 424.12(b)).

Within the geographic area occupied by the species, we will designate only
[[Page 22941]]
areas currently known to be essential. Essential areas should already have the features and habitat characteristics that are necessary to sustain the species (primary constituent elements). We will not speculate about what areas might be found to be essential if better information became available, or what other areas may become essential over time. If the information available at the time of designation does not show that an area provides essential life cycle needs of the species, then the area should not be included in the critical habitat designation. Within the geographic area occupied by the species, we will not designate areas that do not now have the primary constituent elements, as defined at 50 CFR 424.12(b), that provide essential life cycle needs of the species.

Our regulations state that, ``The Secretary shall designate as critical habitat areas outside the geographic area presently occupied by the species only when a designation limited to its present range would be inadequate to ensure the conservation of the species'' (50 CFR 424.12(e)). Accordingly, unless the best scientific and commercial data demonstrates that the conservation needs of the species require designation of critical habitat outside of occupied areas, we will not designate critical habitat in areas outside the geographic area occupied by the species. However, if unoccupied areas are essential to the recovery of the species, they may be designated as critical habitat.

The Service's policy on Information Standards Under the Endangered Species Act, published in the Federal Register on July 1, 1994 (59 FR 34271), provides criteria, establishes procedures, and provides guidance to ensure that decisions made by the Service represent the best scientific and commercial data available. It requires Service biologists, to the extent consistent with the Act and with the use of the best scientific and commercial data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat. When determining which areas are critical habitat, a primary source of information should be the listing package for the species. Additional information may be obtained from a recovery plan, articles in peerreviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, and biological assessments or other unpublished materials (i.e. gray literature).

Habitat is often dynamic, and species may move from one area to another over time. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that may eventually be determined to be necessary for the recovery of the species. For these reasons, it should be understood that critical habitat designations do not signal that habitat outside the designation is unimportant or may not be required for recovery. Areas outside the critical habitat designation will continue to be subject to conservation actions that may be implemented under section 7(a)(1) and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard and the section 9 take prohibition, as determined on the basis of the best available information at the time of the action. Federally funded or assisted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome.

Methods

In determining areas that are essential to conserve the Great Lakes breeding population of the piping plover, the best scientific and commercial data available included information solicited from knowledgeable biologists and available information pertaining to habitat requirements of the species. In an effort to map areas essential to the conservation of the species, we used data of known piping plover breeding locations, records of historical nesting sites, International Census data, and those areas that were identified in the 1988 recovery plan and 1994 draft recovery plan as essential for the recovery of the population. We have chosen the 35 critical habitat units in order to protect adequate habitat to meet the recovery criteria, contained in the recovery plan and draft recovery plan, of 100 breeding pairs in Michigan and 50 breeding pairs in the other Great Lakes States combined. In addition, information provided in comments on the proposed designation and draft economic analysis were evaluated and taken into consideration in the development of this final designation. Primary Constituent Elements

In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, in determining which areas to propose as critical habitat, we are required to base critical habitat determinations on the best scientific and commercial data available. We also are required to consider those physical and biological features that are essential to the conservation of the species and that may require special management considerations and protection. Such features include, but are not limited to: space for individual and population growth, and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, and rearing of offspring; and habitats that are protected from disturbance or are representative of the historical geographical and ecological distributions of a species.

The primary constituent elements for the Great Lakes breeding population of the piping plover are those habitat components that are essential for successful foraging, nesting, rearing of young, intra specific communication, genetic exchange, roosting, dispersal, or sheltering.

The primary constituent elements required to sustain the Great Lakes breeding population of the piping plover are found on Great Lakes islands and mainland shorelines that support open, sparsely vegetated sandy habitats, such as sand spits or sand beaches, that are associated with wide, unforested systems of dunes and interdune wetlands. In order for habitat to be physically and biologically suitable for piping plovers, it must have a total shoreline length of at least 0.2 km (0.12 mi) of gently sloping, sparsely vegetated (less than 50 percent herbaceous and low woody cover) sand beach with a total beach area of at least 2 hectares (ha) (5 acres (ac)).

Appropriately sized sites must also have areas of at least 50 meters (m) (164 feet (ft)) in length where (1) the beach width is more than 7 m (23 ft), (2) there is protective cover for nests and chicks, and (3) the distance to the treeline (from the normal high water line to where the forest begins) is more than 50 m (164 ft). Beach width is defined as the distance from the normal high water line to the foredune (a low barrier dune ridge immediately inland from the beach) edge, or to the sand/vegetation boundary in areas where the foredune is absent. The beach width may be narrower than 7 m (23 ft) if appropriate sand and cobble areas of at least 7 m (23 ft) exist between the dune and the treeline.

Protective cover for nests and chicks consists of small patches of herbaceous vegetation, cobble (stones larger than 1 cm (0.4 inches (in)) diameter), gravel (stones smaller than 1 cm (0.4 in)
[[Page 22942]]
diameter), or debris such as driftwood, wrack, root masses, or dead shrubs. These areas must have a low level of disturbance from human activities and from domestic animals. As the nesting season progresses, the level of disturbance tolerated by piping plovers increases. A lower level of disturbance is required at the beginning of the nesting period during nest site selection, egg laying, and incubation. Beach activities that may be associated with a high level of disturbance include, but are not limited to, walking pets off leash, loud noise, driving all terrain vehicles (ATVs), or activities that significantly increase the level of people using the beach. The level of disturbance is relative to the proximity to the nest, intensity, and frequency of these and other similar activities.

The dynamic ecological processes that create and maintain piping plover habitat are also important primary constituent elements. These geologically dynamic lakeside regions are controlled by processes of erosion, accretion, plant succession, and lakelevel fluctuations. The integrity of the habitat depends upon regular sediment transport processes, as well as episodic, highmagnitude storm events. By their nature, Great Lakes shorelines are in a constant state of change; habitat features may disappear, or be created nearby. The critical habitat boundaries reflect these natural processes and the dynamic character of Great Lakes shorelines.

Criteria Used To Identify Critical Habitat

All of the designated critical habitat areas are considered essential to the conservation of the Great Lakes breeding population of the piping plover as described in the approved 1988 Recovery Plan for the Great Lakes and Northern Great Plains Piping Plover (Plan) and the 1994 Draft Revised Recovery Plan for the Great Lakes Piping Plover. The designation encompasses those areas considered necessary to achieve the recovery goals of 150 breeding pairs (USFWS 1988b, 1994) for this population.

To identify critical habitat units, we first examined those sites identified as ``essential habitat'' in the approved Recovery Plan and draft revised Recovery Plan. We began by evaluating those essential habitat areas that are currently (at least once during the past 5 years) or were recently (in the last 5 to 15 years) occupied by piping plovers in the Great Lakes. Through site visits and consultation with local habitat experts, we determined which of these sites still contain the primary constituent elements. Piping plover occupied habitat in the Great Lakes has declined from historical occupation of more than 70 sites in eight States to approximately 32 sites in two States (Wemmer 2000). The currently occupied sites and recently occupied (since 1985) sites in Michigan may have the capacity to support an estimated 56 to 136 breeding pairs (Wemmer 2000). Because of this severe reduction in range and numbers of piping plovers, we have determined it is essential to the conservation of this species to include all currently occupied habitat and all recently occupied habitat that still contains the primary constituent elements in this critical habitat designation.

As we proceed with recovery efforts, expansion of the present small population will require more habitat than is currently occupied by piping plovers along the Great Lakes (Wemmer 2000, USFWS 1988b, 1994). In an effort to protect sufficient habitat to allow for the expansion of the species, our second step was to evaluate the essential habitat areas outlined in the Recovery Plan that are documented as historical piping plover habitat. In addition to evaluating those areas identified by the Recovery Plan as essential habitat, we solicited information from habitat experts on areas that contain the primary constituent elements and that would provide suitable piping plover nesting habitat. Based upon consultation with Great Lakes piping plover habitat experts, we determined which historically occupied sites contain the primary constituent elements and are suitable for supporting nesting piping plovers. We designated historically occupied habitat in the Great Lakes watershed (in the United States) that still contain the primary constituent elements.

Much known historical habitat in the Great Lakes region has been destroyed or altered in such ways that it can no longer support piping plovers (Wemmer 2000, USFWS 1988b). As a result, suitable habitat areas that are currently/recently occupied, or that were documented to be historically occupied, are not sufficient to meet the conservation goals outlined in the approved Recovery Plan and draft revised Recovery Plan. Thus, as a final step, we evaluated those essential habitat areas identified in the Recovery Plan where occupation has not been documented, but habitat features similar to currently occupied sites occur. To reach the minimum amount of habitat sufficient to meet the recovery plan goals, we designated those areas that are known to contain the primary constituent elements as critical habitat. Critical habitat designation is effective yearround, even if the primary constituent elements are temporarily obscured by snow, ice, or other temporary features.

In defining critical habitat boundaries, it was not possible to exclude all existing humanmade features and structures, such as buildings, roads, marinas, piers, parking lots, bridges, boat ramps, lighthouses, and other such humanmade features, within the area designated. These features do not contain most or all of the primary constituent elements and thus are not considered to be critical habitat despite their being within the geographic boundaries. Federal actions limited to those features, therefore, would not trigger a section 7 consultation, unless they affect the species and/or primary constituent elements within a critical habitat unit.

In summary, in determining areas that are essential to the conservation of the Great Lakes breeding population of the piping plover, we used the best scientific and commercial information available to us. The critical habitat areas described below constitute our best assessment of areas needed for the species' conservation and recovery.

Critical Habitat Designation

At this time, the critical habitat units discussed below are our best appraisal of areas needed for the conservation of the Great Lakes breeding population of the piping plover. Very little suitable piping plover habitat remains in the Great Lakes region, and all the areas identified here are essential for the recovery of the species because these areas represent the habitat necessary to achieve the recovery goal of 100 breeding pairs in Michigan and 50 breeding pairs in the other Great Lakes States combined. Critical habitat designations may be subsequently revised if new information becomes available after this final rule is published. Any additional areas of critical habitat will be designated, or other changes made to this designation, only after a formal proposal and opportunity for public comment.

The approximate length of proposed critical habitat shoreline identified by land ownership is shown in Table 1. Critical habitat includes Great Lakes piping plover habitat throughout the species' breeding range in the United States. Lands proposed as critical habitat are under private, State, municipal, Tribal, and Federal ownership, with Federal lands including lands managed by the National Park Service, U.S. Forest Service, U.S. Coast Guard, U.S. Army
[[Page 22943]]
Corp of Engineers, and by us. Estimates reflect the total area within critical habitat unit boundaries.
Table 1.Kilometers of Great Lakes Shoreline Proposed as Critical Habitat Units for the Piping Plover in Each Great Lakes State Summarized by Federal, State, Municipal, Private and Other Ownership Ownership km shoreline (% within each State) Federal State Municipal Private Other Total Michigan.......................... 40.9 (18.3) 107.9 (48.1) 6.9 (3.1) 66.1 (29.1) 1.6 TNC (0.7) 223.4 Minnesota......................... 0 0.2 (100) 0 0 0 0.2 Wisconsin......................... 18.1 (40.0) 8.7 (19.2) 4.4 (9.7) 9.0 (19.9) 5.1 Tribal (11.2) 45.3 Illinois.......................... 0 4.7 (46.1) 1.3 (12.7) 4.2 (41.2) 0 10.2 Indiana........................... 2.9 (36.7) 5.0 (63.3) 0 0 0 7.9 Ohio.............................. 0 2.0 (50) 0 2.0 (50) 0 4.0 Pennsylvania...................... 0 6.0 (100) 0 0 0 6.0 New York.......................... 0 12.4 (45.3) 0 14.6 (53.3) 0.4 TNC (1.5) 27.4

Total (% of).................. 61.9 (19.1) 146.9 (45.2) 12.6 (3.9) 95.9 (29.5) 7.1 (2.2) 324.4

Critical habitat has been designated in 35 units in the Great Lakes region. All critical habitat unit boundaries extend 500 meters (1640 feet) inland from the normal high water line, although the inland edge of the area that contains the primary constituent elements may vary depending on the extent of the open dune system. This area is needed to provide foraging habitat as well as incorporate cobble pans between the dunes where piping plovers occasionally nest. A brief description of each unit and reasons for designating it as critical habitat are presented below and in Table 2. More detailed descriptions are included with the maps.
Table 2.Location, Ownership, Piping Plover Use, and Estimated Length of Critical Habitat Areas Within Mapped Conservation Units in the U.S. Great Lakes Region USGS 7.5' quad Est. Habit unit Location name County map(s) 1:24,000 Land ownership \1\ Plover use \2\ length scale (km) Whitefish Point to Grand Marais MI1............................. Whitefish Point..... Chippewa............ Whitefish Point Federal (USFWS), Recent past, 2.5 (1951). private. transient. Vermilion/ Luce................ Vermilion (1951).... Private............ Current............ 2.3 Weatherhogs Beach.
Crisp Point......... Luce................ Betsy Lake North Municipal private.. Recent past........ 1.0 (1968). Little Lake Harbor.. Luce................ Betsy Lake North Private............ Recent past........ 1.6 (1968). Deer Park........... Luce................ Muskallonge Lake State, private..... Recent past........ 2.8 East (1968); Muskallonge Lake West (1968). Grand Marais Inner Alger............... Grand Marais (1968). Multiple private, Current............ 2.9 Harbor and Lonesome municipal. Point.
Grand Marais Alger............... Grand Marais (1968). Multiple private, Current............ 1.2 Superior Beach. Federal (NPS). MI2............................. Point Aux Chenes.... Mackinac............ Pointe Aux Chenes Federal (USFS), Current............ 2.0 (1964, photorevised private. 1975). MI3............................. Port Inland......... Schoolcraft Mackinac Hughes Point (1972). Private/State...... Current............ 3.0 Waugoshance Point to beach west of McCort Hill MI4............................. Waugoshance Point Emmet............... Big Stone Bay (1964, State.............. Current............ 5.0 Temperance and photoinspected Crane Islands. 1975), Waugoshance Island (provisional 1982). Sturgeon Bay........ Emmet............... Bliss (1982)........ State.............. Current............ 3.9 Bliss Township Park. Emmet............... Bliss (1982)........ Municipal.......... Current............ 1.1 Sturgeon Bay Point.. Emmet............... Bliss (1982) Cross Multiple private... Current............ 2.4 Village (1982). [[Page 22944]]
Cross Village Beach. Emmet............... Cross Village (1982) Municipal, multiple Current............ 1.3 private. Beach West McCort Emmet............... Cross Village (1982) Multiple private... Current............ 1.4 Hill.
Sevenmile Point to Thorneswift Nature Preserve MI5............................. Sevenmile Point..... Emmet............... Forest Beach (1983 Multiple private... Suitable........... 0.5 provisional). Thorneswift Nature Emmet............... Forest Beach (1983 Multiple private... Current............ 0.4 Preserve. provisional). MI6............................. Petoskey State Park. Emmet............... Harbor Springs (1983 State, private..... Historical......... 2.0 provisional). MI7............................. North Point......... Charlevoix.......... Ironton (1983), Municipal.......... Suitable........... 1.1 Charlevoix (1983). MI8............................. Fisherman's Island Charlevoix.......... Charlevoix (1983)... State.............. Current............ 1.3 State Park.
Indian Point to McCauley's Point, Beaver Island MI9............................. Donegal BayBeaver Charlevoix.......... Garden Island West Multiple private... Current............ 2.0 Island. (1980), Beaver Island North (1986). McCauley's Point Charlevoix.......... Beaver Island North State.............. Recent past........ 0.6 Beaver Island. (1986). MI10............................ Greenes BayBeaver Charlevoix.......... Beaver Island North State/private...... Recent past........ 0.8 Island. (1986). MI11............................ High Island......... Charlevoix.......... High Island (1986).. State.............. Current............ 1.8 Cathead Bay to Christmas Cove MI12............................ Cathead Bay......... Leelanau............ Northport State/private...... Current............ 2.6 (provisional 1983). Cathead Point to Leelanau............ Northport/Northport Private............ Suitable........... 2.5 Christmas Cove. NW (provisional 1983). MI13............................ South Fox Island.... Leelanau............ South Fox Island State.............. Historical......... 6.0 (provisional 1986). MI14............................ North Manitou....... Leelanau............ North Manitou Island Federal (NPS)...... Current............ 3.3 (provisional 1983). MI15............................ Crystal Run to Leelanau............ Glen Arbor (1983), Municipal, Federal. Suitable........... 18.6 Empire Beach. Glen Haven (1983), Empire (1983). Esch Road to Sutter Road and Point Betsie MI16............................ Platte Bay and Benzie.............. Empire (1983), Federal (NPS)...... Suitable/current... 13.8 Platte River Point Beulah (provisional and beach. 1983). Point Betsie........ Benzie.............. Frankfort (1983).... Federal (USCG) TNC Historical......... 4.8 managed, private. MI17............................ Nordhouse Dunes to Mason............... Manistee NW Federal (USFS), Transient, 13.4 Ludington. (provisional 1982), State. historical. Hamlin Lake (1982). MI18............................ Muskegon State Park. Muskegon............ Muskegon West (1972, State.............. Historical......... 2.5 photoinspected 1980). MI19............................ Lake Superior State Chippewa............ Albany Island (1964, State.............. Historical......... 3.0 Forest, St. Vital photoinspected Point. 1976), DeTour Village (1964). Lighthouse Point to Cordwood Point MI20............................ Lighthouse Point.... Cheboygan........... Cheboygan (1982).... State.............. Recent past........ 1.4 Grass Bay........... Cheboygan........... Cordwood Point TNC preserve....... Historical 1.6 (1982). transient. [[Page 22945]]
MI21............................ PH Hoeft State Park. Pesque Isle......... Roger's City (1971), State.............. Suitable........... 3.7 Moltke (1971). MI22............................ Thompson's Harbor... Presque Isle........ Thompson's Harbor State, private..... Suitable........... 2.8 (1971). MI23............................ Tawas Point State Iosco............... East Tawas (1989)... State.............. Suitable, transient 2.0 Park.
MN/WI1.......................... Duluth Harbor....... St. Louis........... West Duluth (1953, State, private..... Recent past........ 0.6 photorevised 1969). WI1............................. Wisconsin Point..... Douglas............. Parkland (1954, Municipal, Federal Historical......... 4.0 photorevised 1975), (USACE). Superior (1954, photorevised 1983). WI2............................. Long Island Ashland............. Cedar (1964, Federal (NPS) Current............ 25.3 Chequamegon Pt. photorevised 1975), tribal (Bad Chequamegon Point River), private. (1964, photorevised 1975), Long Island (1964). WI3............................. Western Michigan Ashland............. Michigan Island Federal (NPS)...... Suitable........... 6.5 Island. (1963). WI4............................. Seagull Bar......... Marinette........... Marinette East State, municipal... Suitable........... 1.5 (1963, photorevised 1969). WI5............................. Point Beach State Manitowoc........... Two Rivers (1978)... State.............. Suitable........... 8.0 Forest.
IL1............................. Illinois Beach State Lake................ Zion, Ill. (1993), Municipal, State, Historical......... 10.2 Park to Waukegan Waukegan (1993). private. Beach.
IN1............................. Indiana Dunes Porter.............. Ogden Dunes (1991), Federal (NPS), Historical, 7.9 National Lakeshore/ Dunes Acres (1991). State. transient. Indiana Dunes State
Park.
OH1............................. Sheldon Marsh....... Erie................ Huron (1969), State, private..... Transient.......... 3.2 Sandusky (1969, photorevised 1975). OH2............................. Headlands Dunes..... Lake................ Mentor (1963, State.............. Historical/suitable 0.8 revised 1992). PA1............................. Presque Isle State Erie................ Erie North (1957, State.............. Historical, 6.0 Park. revised 1969 and transient. 1975, photoinspected 1977). NY1............................. Salmon River to Oswego, Jefferson... Pulaski (1956), State, multiple Historical......... 27.4 Stony Point. Ellisburg (1958), private. Henderson (1959). \1\ USACE = U.S. Army Corp of Engineers;NPS = National Park Service;TNC = The Nature Conservancy;USFS = U.S. Forest Service;USFWS = U.S. Fish and Wildlife Service;USCG = U.S. Coast Guard.
\2\ Current = used for nesting since 1995; recent past = used for nesting since 1985; historical = used for nesting prior to 1985; transient = recent (since 1990) sightings of piping plovers; suitable = no known record of use but habitat appears suitable for nesting and is within the historic range of piping plover.
Michigan

Unit MI1: Whitefish Point to Grand Marais

This unit encompasses approximately 83.5 km (50 mi) of Lake Superior shoreline in Chippewa, Luce, and Alger Counties on the Upper Peninsula of Michigan. It includes long stretches of habitat that have been recently used by piping plovers in addition to areas currently used by plovers. Approximately 47 km (29.2 mi) are part of Muskallonge State Park and Lake Superior State Forest, approximately 36 km (22.4 mi) are privately owned, and approximately 0.5 km (0.3 mi) are part of Whitefish Point National Wildlife Refuge. This unit also includes a small area of municipal property at Crisp Point. This unit extends from just southwest of Whitefish Point, around and including the Point, and westward to the Pictured Rocks National Lakeshore property boundary, excluding the area from the junction of Highway 58 and Morris Road to the breakwall north of the harbor near the former Coast Guard station in Grand Marais.

Unit MI2: Pointe Aux Chenes

This unit encompasses approximately 1.7 km (1.1 mi) of Lake Michigan shoreline in Mackinac County on the Upper Peninsula of Michigan. It includes areas that are currently occupied by piping plovers. The majority of the unit (1.1 km (0.7 mi)) is within the Hiawatha National Forest and is being considered for a Research and Natural Area. The rest of the unit (approximately 0.6 km (0.4 mi)) is privately owned land. This unit extends from the mouth of the Pointe Aux
[[Page 22946]]
Chenes river to the Hiawatha National Forest property boundary. Unit MI3: Port Inland to Hughes Point

This unit encompasses approximately 3 km (1.8 mi) of Lake Michigan shoreline in western Mackinac and eastern Schoolcraft Counties on the Upper Peninsula of Michigan. It includes areas that are currently occupied by piping plovers. Approximately 0.8 km (0.5 mi) of the designated shoreline is owned by Port Inland Stone and Dolomite Quarry and the remaining 2.2 km (1.4 mi) are part of the Lake Superior State Forest. This unit extends from the westernmost breakwall at the Port Inland Gaging Station to the mouth of Swan Creek.

Unit MI4: Waugoshance Point to McCort Hill Beach

This unit encompasses approximately 32 km (19.2 mi) of Lake Michigan shoreline in Emmet County, Michigan, and includes Temperance and Waugoshance islands. It includes areas that are currently occupied by piping plovers and supports about half of the current Great Lakes piping plover population. Approximately 8.5 km (5.3 mi) are privately owned and 1 km (0.6 mi) is municipal land (Bliss Township beach and Cross Village beach). The remaining 22.5 km (14 mi) are part of Wilderness State Park. This unit extends from the junction of the northeast corner of T39N R5W section 28 and the Lake Michigan shoreline in Wilderness State Park, including Waugoshance and Temperance Islands, to the southwest boundary of T37N R6W section 5 south of Cross Village. Unit MI5: Sevenmile Point to Thornswift Nature Preserve

This unit encompasses approximately 7 km (4.3 mi) of Lake Michigan shoreline in Emmet County, Michigan. It includes areas of suitable piping plover nesting habitat and areas that are currently occupied by piping plovers. The entire designated area is under private ownership. It extends from the junction of the Lake Michigan shoreline and the northwest boundary of T36N R6W section 30 to the junction of the shoreline and the southeast corner of T35N R6W section 9.

Unit MI6: Petoskey State Park

This unit encompasses approximately 2 km (1.2 mi) of Lake Michigan shoreline in Emmet County, Michigan. It includes areas of historical piping plover habitat. Approximately 0.7 km (0.4 mi) is privately owned land and 1.3 km (0.8 mi) are part of Petoskey State Park. This unit extends from the mouth of Tannery Creek to Mononaqua Beach. Unit MI7: North Point

This unit encompasses approximately 1.1 km (0.7 mi) of Lake Michigan shoreline in Charlevoix County, Michigan. It includes areas of suitable piping plover nesting habitat. The entire designated area is a city park owned by the city of Charlevoix. It includes all Lake Michigan shoreline within T34N R8W section 14.

Unit MI8: Fisherman's Island State Park

This unit encompasses approximately 1.3 km (0.8 miles) of Lake Michigan shoreline in Charlevoix County, Michigan. It includes areas that are currently occupied by piping plovers. The entire designated area is within Fisherman's Island State Park. This unit extends from the junction of the line separating T34N R8W section 31 and T33N R8W section 6 from the Lake Michigan shore to the Fisherman's Island State Park property boundary at the end of Lakeshore Drive, including Fisherman Island.

Unit MI9: Indian Point to McCauley's Point, Beaver Island

This unit encompasses approximately 5 km (3.1 mi) of Lake Michigan shoreline on Beaver Island in Charlevoix County, Michigan. It includes areas that are currently occupied, as well as areas that have been recently used by piping plovers. Approximately 4.4 km (2.7 mi) are privately owned and 0.6 km (0.4 mi) is part of Beaver Islands State Wildlife Research Area. This unit extends from Indian Point southward to the junction of the dividing line of T39 N R10W and T38N R10W and the Lake Michigan shoreline.

Unit MI10: Greenes Bay, Beaver Island

This unit encompasses approximately 0.8 km (0.5 mi) of Lake Michigan shoreline on Beaver Island in Charlevoix County, Michigan. It includes areas that have been recently used by piping plovers. Approximately 0.3 km (0.2 mi) is part of the Beaver Islands State Wildlife Research Area and the remaining 0.5 km (0.3 mi) is privately owned land. This unit encompasses Greenes Bay on the western side of Beaver Island.

Unit MI11: High Island

This unit encompasses approximately 1.8 km (1.1 mi) of Lake Michigan shoreline on High Island in Charlevoix County, Michigan. It includes areas that are currently occupied by piping plovers. The entire designated area is part of the Beaver Islands State Wildlife Research Area. This unit includes all Lake Michigan shoreline within T39N R11W section 32 and T38N R11W section 5 on the western side of the island and within T39N R11W section 27 on the northeastern corner of the island.

Unit MI12: Cathead Bay to Christmas Cove

This unit encompasses approximately 5.1 km (3.2 mi) of Lake Michigan shoreline in Leelanau County, Michigan. It includes areas that are currently occupied by piping plovers and areas of suitable piping plover nesting habitat. Approximately 1.9 km (1.2 mi) are part of Leelanau State Park, and the remaining 3.2 km (2.0 mi) are privately owned land. This unit extends from the northwest end of Cathead Bay southward to just north of Christmas Cove, excluding lands of the Magic Carpet Woods Association HCP.

Unit MI13: South Fox Island

This unit encompasses approximately 6 km (3.8 mi) of Lake Michigan shoreline on South Fox Island in Leelanau County, Michigan. It includes areas that were historically occupied by piping plovers. The entire designated area is part of the Beaver Island State Wildlife Research Area. This unit includes all Lake Michigan shoreline within T34N R13W sections 15, 16, and 21 on the south end of the island and within T35N R13W section 30 on the north end of the island.

Unit MI14: North and South Manitou Islands

This unit encompasses approximately 3.3 km (2.1 mi) of Lake Michigan shoreline on North Manitou Island in Leelanau County, Michigan. It includes areas that are currently occupied by piping plovers. The entire designated area is part of Sleeping Bear Dunes National Lakeshore. This unit includes Dimmick's Point and Donner's Point on the southern end of North Manitou Island.

Unit MI15: Crystal Run to Empire Beach

This unit encompasses approximately 18.6 km (11.6 mi) of Lake Michigan shoreline in Leelanau County, Michigan. It includes areas of suitable piping plover nesting habitat. Approximately 4.8 km (3.0 mi) are municipal beach in Glen Arbor Township, and the remaining 13.8 km (8.6 mi) are part of Sleeping Bear Dunes National Lakeshore. This unit extends from Crystal Run to the southern
[[Page 22947]]
Sleeping Bear Dunes National Lakeshore property boundary.

Unit MI16: Esch Road to Sutter Road and Point Betsie

This unit encompasses approximately 18.6 km (11.6 mi) of Lake Michigan shoreline in Benzie County, Michigan. It includes areas that are currently occupied by piping plovers, areas that were historically occupied, and areas of suitable piping plover nesting habitat. The majority of the unit (13.8 km (8.6 mi)) is part of Sleeping Bear Dunes National Lakeshore, 3.8 km (2.4 mi) are private land, and the remaining 1.0 km (0.6 mi) is U.S. Coast Guard land that is managed by The Nature Conservancy, a private conservation organization. This unit extends from Esch Road to the Sleeping Bear Dunes National Lakeshore property boundary at Sutter Road. The unit then continues from the Point Betsie Natural Area northern property boundary south to include all shoreline within T26N R16W section 4.

Unit MI17: Nordhouse Dunes and Ludington State Park

This unit encompasses approximately 13.4 km (8.3 mi) of Lake Michigan shoreline in Mason County, Michigan. It includes areas that were historically occupied by piping plovers. At least one pair of piping plovers were sighted in the area in 1999, but no nests were found. Approximately 7.4 km (4.6 mi) are part of the Manistee National Forest/ Nordhouse Dunes Wilderness Area, and the remaining 6.0 km (3.7 mi) are part of Ludington State Park. This unit extends from the mouth of Cooper Creek to the mouth of the Big Sable River.

Unit MI18: Muskegon State Park

This unit encompasses approximately 2.5 km (1.6 mi) of Lake Michigan shoreline in Muskegon County, Michigan. It includes areas that were historically occupied by piping plovers. In the early 1950s, several pairs of piping plovers were reported nesting in this unit, but the last known nesting was in 1953. The entire designated area is part of Muskegon State Park. This unit extends from the north breakwall of the canal joining Muskegon Lake and Lake Michigan to the northern Muskegon State Park property boundary at the shoreline.

Unit MI19: Lake Superior State ForestSt. Vital Point

This unit encompasses approximately 3.0 km (1.9 mi) of Lake Huron shoreline in Chippewa County, Michigan. It includes areas that were historically occupied by piping plovers. The entire designated area is within Lake Superior State Forest. This unit extends from the Lake Superior State Forest boundary to the mouth of Joe Straw Creek. Unit MI20: Lighthouse Point to Cordwood Point

This unit encompasses approximately 5.2 km (3.3 mi) of Lake Huron shoreline in Cheboygan County, Michigan. It includes areas that were historically occupied by piping plovers and currently serve as foraging areas. Approximately 3 km (1.9 mi) are part of Cheboygan State Park, and approximately 1.6 km (1 mi) are Nature Conservancy property. The remaining 0.6 km (0.4 mi) is privately owned land. This unit extends from the junction of the Lake Huron shoreline and the western boundary of T38N R1W section 22 near Lighthouse Point to just west of Cordwood Point.

Unit MI21: P.H. Hoeft State Park

This unit encompasses approximately 3.7 km (2.3 mi) of Lake Huron shoreline in Presque Isle County, Michigan. It includes areas of suitable piping plover nesting habitat. The entire designated area is part of P.H. Hoeft State Park. This unit includes Lake Huron shoreline within T35N R5E section 6 northwestward to the junction of Nagel Road and Forty Mile Road.

Unit MI22: Thompson's Harbor State Park

This unit encompasses approximately 2.8 km (1.7 mi) of Lake Huron shoreline in Presque Isle County, Michigan. It includes areas of suitable piping plover nesting habitat. Most of this designated area is within Thompson's Harbor State Park with a small portion of privately owned land. This unit extends along the Lake Huron shoreline from Black Point to Grand Lake Outlet.

Unit MI23: Tawas Point State Park

This unit encompasses approximately 2.0 km (1.2 mi) of Lake Huron shoreline in Iosco County, Michigan. It includes areas used for foraging by transient piping plovers and suitable nesting habitat. The entire designated area is part of Tawas Point State Park. This unit extends from the Tawas Sate Park boundary on the east side of Tawas Point including all shoreline within T22N R8E section 34 and offshore sand spits.
Minnesota/Wisconsin

Unit MN/WI1: Interstate Island

This unit encompasses approximately 0.6 km (0.4 mi) of Lake Superior shoreline on Interstate Island in St. Louis County, Minnesota and Douglas County, Wisconsin. Although piping plover nesting has not been documented on this island, it contains viable piping plover habitat. A portion of the 0.6 km (0.4 mi) of island shoreline on Interstate Island is in Minnesota, and a portion is in Wisconsin. Approximately 0.2 km (0.1 mi) of Interstate Island shoreline is owned by the State of Minnesota and is a State Wildlife Management Area and bird sanctuary. The remaining 0.4 km (0.2 mi) of Interstate Island shoreline is in Wisconsin and is private land owned by C. Rice Coal and Burlington Northern Railroad. This unit is comprised of Interstate Island.
Wisconsin

Unit WI1: Wisconsin Point

This unit encompasses approximately 4.0 km (2.5 mi) of Lake Superior shoreline in Douglas County, Wisconsin. It includes areas that were historically occupied by piping plovers. Approximately 0.4 km (0.2 mi) of the unit is Army Corps of Engineers land. The rest of the designated area is municipal land belonging to the city of Superior. This unit extends from the mouth of Dutchman Creek to the Douglas and St. Louis County line.

Unit WI2: Long Island/Chequamegon Point

This unit encompasses approximately 25.3 km (15.7 mi) of Lake Superior shoreline in Ashland County, Wisconsin. It includes areas currently occupied by piping plovers. Nesting occurred in this unit in 1998 and 1999. Approximately 11.2 km (6.9 mi) are part of the Apostle Islands National Lakeshore, approximately 9.0 km (5.6 mi) are private land, and the remaining 5.1 km (3.2 mi) are Tribal lands belonging to the Bad River

FOR FURTHER INFORMATION CONTACT Laura J. Ragan at the above address (telephone 612/7135157; facsimile 612/7135292). TTY users may contact us through the Federal Relay Service at 18008778339.