FWS Announces Revised Critical Habitat Proposal for Wintering Piping Plover

The U.S. Fish and Wildlife Service today announced a revised proposal to
add 216 acres of critical habitat to two of the four units previously
proposed in a rule to designate critical habitat for the wintering
population of the piping plover published on June 12, 2006.

With this inclusion, the Service proposes four revised critical habitat
units for the species, encompassing a total of approximately 2,043 acres in
coastal areas of Dare and Hyde counties in North Carolina.

The proposed critical habitat areas include intertidal beaches and flats
and associated dune systems and flats above annual high tide. Intertidal
areas offer foraging and roosting sites, while the areas above high tide
offer protection from high winds and cold weather.

Previously, the Service had determined that the islands DR-005-05 and
DR-005-06 (Dare County) and DR-009-03/04 (Dare and Hyde Counties), owned by
the State of North Carolina, and about 137 acres of Pea Island National
Wildlife Refuge (Dare County) did not meet the definition of critical
habitat under the Endangered Species Act. However, the physical and
biological features essential to piping plover conservation on these lands
may require special management or protection. As a result, the Service is
reconsidering its preliminary analysis and proposing these areas be
included in its revised critical habitat designation.

The Service also announces the availability of the revised draft economic
analysis and environmental assessment of the proposed designation of
critical habitat under the Endangered Species Act.

This draft economic analysis identifies and analyzes the effect of
potential management actions implemented by the National Park Service on
off-road vehicle use and potential administrative costs of Endangered
Species Act consultations undertaken by the Park Service. It also
evaluates the environmental consequences of designating critical habitat
for the wintering population of the piping plover in North Carolina. The
scope of the environmental assessment includes an evaluation of the direct,
indirect, and cumulative effects of the designation of the four proposed
critical habitat units, as well as the option to only designate some of the
units or some portion of the units identified in the proposed rule.

The draft economic analysis of the proposed critical habitat designation
forecasts the cumulative costs associated with conservation activities for
the wintering population of the piping plover range from $0 to $23 million
in lost consumer surplus, and $0 to $40 million in lost trip expenditures
over the next 20 years, with an additional $190,000 to $476,000 in
administrative costs.

The Service is reopening a public comment period for 30 days, until June
16, 2008, to allow all interested parties an opportunity to comment
simultaneously on the revised proposed critical habitat designation and the
associated draft economic analysis and environmental assessment. A
description of the proposed critical habitat designation, draft economic
analysis, and environmental assessment are available at
http://www.fws.gov/nc-es/piplch/piplch.html or
http://www.fws.gov/policy/library/E8-10887.html, or you may call (919)
856-4520 for a copy.

The Service will consider all comments related to our proposal to designate
critical habitat and any new information regarding management within or
factors affecting the biological and physical habitat features of the areas
proposed for critical habitat including the consent decree, before we make
a final decision on the designation of critical habitat. Submit written
comments on the proposal and the economic analysis and environmental
assessment to:

(1) Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.

(2) U.S. mail or hand-delivery: Public Comments Processing, Attn:
1018-AU48; Division of Policy and Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.

E-mail or faxes will not be accepted. All comments will be posted on
http://www.regulations.gov.

Critical habitat is a tool within the Endangered Species Act which
identifies areas with features that are essential for the conservation of
the species and that may require special management considerations to
ensure their contribution to the conservation of the species. Critical
habitat does not set up a preserve or refuge, nor does it affect activities
on private land unless federal funding or a federal permit is involved.
The sole regulatory effect of the designation is that federal agencies must
consult with the Service before undertaking actions, issuing permits, or
providing funding for activities that might destroy or adversely modify
critical habitat. Because piping plovers are federally protected, federal
agencies are already required to consult with the Service on any of their
actions that may affect the species and to ensure that their actions do not
jeopardize the species’ continued existence, regardless of whether critical
habitat has been designated.

The piping plover is a small, pale-colored North American shorebird named
for its melodic mating call. The species breeds in three discrete areas of
North America – the Northern Great Plains, the Great Lakes, and the
Atlantic Coast. Plovers from all three breeding populations winter in
coastal areas of the United States from North Carolina to Texas, and along
the coast of eastern Mexico and on some Caribbean islands. In 1986, the
piping plover was listed as endangered in the Great Lakes watershed, and as
threatened elsewhere within its range, including migratory routes outside
of the Great Lakes watershed, and in the species’ wintering grounds,
including North Carolina). About 1,400 piping plover breeding pairs are
found on the Atlantic Coast.

In a separate action, the Southern Environmental Law Center filed suit in
October of 2007 on behalf of Defenders of Wildlife and the National Audubon
Society, challenging the failure of the National Park Service to have an
adequate off-road vehicle management plan to protect the resources of the
Cape Hatteras National Seashore. All of the parties in that action filed a

proposed consent decree on April 16, 2008.

This consent decree, approved April 30 requires pre-nesting areas for
piping plover as well as other shorebirds to be closed to vehicles and
pedestrians at historic nesting areas at Bodie Island spit, Cape Point,
Hatteras spit, and the north and south ends of Ocracoke Island. It also
includes expanded buffers around breeding sites with nests and chicks that
vary depending on the sensitivity or vulnerability of the particular
species.

Although the locations of the beach closures under the consent decree and
proposed critical habitat areas do overlap, the consent decree does not
directly affect the actual areas delineated and proposed as critical
habitat, nor does the proposed critical habitat designation have any effect
on beach closures in the consent decree. Closures associated with
implementation of the Interim Strategy, the consent decree, or other
potential court actions, would occur regardless of the proposed critical
habitat designation.

The mission of the U.S. Fish and Wildlife Service is working with others to
conserve, protect and enhance fish, wildlife, plants and their habitats for
the continuing benefit of the American people. We are both a leader and
trusted partner in fish and wildlife conservation, known for our scientific
excellence, stewardship of lands and natural resources, dedicated
professionals and commitment to public service. For more information on our
work and the people who make it happen, visit www.fws.gov.

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