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SS2 - Update on the Western Snowy Plover Management Plan (PA2018-074)
Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report February 28, 2023 Agenda Item No. SS2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Chelsea Crager, Senior Planner, ccrager@newportbeachca.gov PHONE: 949-644-3227 TITLE: Update on the Western Snowy Plover Management Plan (PA2018-074) ABSTRACT: City of Newport Beach (City) staff is currently working on a coastal development permit (CDP) application for a Western Snowy Plover Management Plan for East Balboa Peninsula Beaches (Plan). The Plan aims to balance the need for coastal resource protection and public access. In July 2022, the Community Development Department submitted a third draft of the CDP application to the California Coastal Commission (CCC) for its review. The application has been deemed complete and is expected to be heard at the April 2023 CCC hearing. The purpose of this study session is to provide an update to the City Council and the community regarding the status of the application and its contents. RECOMMENDATION: Receive the staff presentation and provide comments or feedback. DISCUSSION: The Western Snowy Plover (WSP) is a small shorebird, shown with chicks in Figure 1, on the following page, that can be found along the Pacific Coast from Baja California to Washington. Since 1993, the WSP has been listed as a "threatened" species and is federally protected under the Endangered Species Act (ESA). A population of WSP live on the Balboa Peninsula between B Street and the Wedge (a distance of more than one mile), for most of the year. Under the ESA, the area between B Street to G Street is designated a critical habitat by the United States Fish and Wildlife Service (USFWS). This area is shown in Figure 3, on the following page. Management and protection of the critical habitat area is an important part of the USFWS's recovery plan that aims to increase the WSP population and meet specific criteria to one day remove them from the threatened species list. It is important to note that there are several species of small shorebirds that inhabit the same habitat area and are often mistaken for WSP. SS2-1 Update on the Western Snowy Plover Management Plan (PA2018-074) February 28, 2023 Page 2 The City initiated monitoring of the area between B Street and the Wedge in 2009. At the suggestion of USFWS, fencing was installed between D and E Streets in 2011 and additional fencing was installed between E and F Streets in 2017. The fencing was intended to help delineate and recognize the critical habitat area and to help minimize and protect the area from pets, human activities, and vehicles. Soon after the additional fencing was installed in 2017, it was discovered that there was a loss of ocean views for many residents. The City quickly began to remove the new fencing, but then a complaint was filed with the CCC that a CDP was not obtained for the removal of the fence. The City submitted a CDP application to the CCC to remove the fencing in June 2017. �r -1k Figure 1: Western Snowy Plover and its Figure 2: Existing Fencing Chicks Figure 3: Western Snowy Plover Critical Habitat Area The application was deemed incomplete pending the submittal of a management plan for the entire area. Several iterations of the plan would follow as City staff worked with consultants to address the comments provided by CCC staff. SS2-2 Update on the Western Snowy Plover Management Plan (PA2018-074) February 28, 2023 Page 3 The fencing remains in place but is deteriorating, as shown in Figure 2, on the previous page. There have been three iterations of the plan and the most recent draft (Attachment A) was submitted to the CCC in July 2022 and is tentatively scheduled for the Coastal Commission hearing in April 2023. Western Snowv Plover Manaaement Plan for East Balboa Peninsula Beaches (Plan Key components of the Plan are as follows: 1. Education and Outreach. The Plan details specific education and outreach opportunities, including cooperation with community partners and incorporating WSP education into existing City -run programs. 2. Adaptive Management Implementation. a. Monitoring and Reporting. The Plan proposes partnership with Orange County Coastkeeper, or similar provider, to implement a comprehensive monitoring program to determine the efficacy of the program with publicly posted reports. b. Temporary Seasonal Fencing. Low, 24-inch-tall fencing is proposed around the critical habitat areas during the wintering period (October 1 through March 31, annually). c. Restoration. The Plan includes restoration of areas of degraded coastal dune habitat, including removal of non-native and invasive vegetation and reestablishment of coastal sand dune species native to the Newport Beach ecosystem. This includes removal of the E Street concrete walkway. 3. Predator Management. The Plan proposes controlling litter on the beaches, including covered trash containers, to reduce the presence of potential predators such as rats, cats and corvids. It also includes expansion of native coastal dune vegetation and limiting removal of driftwood and wrack to provide shelter from airborne predators. 4. Beach Operation and Recreation Management. The plan includes guidelines for City operations to minimize potential impacts to the WSP. a. Marine Operations, Municipal Operations, and Public Works Department. The Plan includes guidelines for City operations to minimize potential impacts to the WSP, including education, a speed limit through habitat areas, and monitored beach cleaning. b. Public Access. Through educational efforts, the City will discourage pedestrian through access in the habitat area. No new recreational amenities will be placed within the habitat area, and two existing volleyball courts will be removed. No new restrictions or municipal codes regarding public access or public recreational opportunities are proposed. SS2-3 Update on the Western Snowy Plover Management Plan (PA2018-074) February 28, 2023 Page 4 c. Dogs. The Newport Beach Animal Control Division will continue to provide a presence to enforce leash laws and prohibited hours. If data indicates that compliance with leash laws is not occurring, fines could be issued and increased for non-compliance. If non-compliance continues, additional measures could be implemented such as expanded signage, modifications to temporary seasonal fencing, expanded educational efforts, and/or increased patrols. 5. Critical Habitat and Avian Conservation Area (ACA) Delineation. The Plan includes symbolic fencing to delineate boundary lines for sensitive areas without impeding public access. The Plan also includes interpretive, educational and regulatory signs and sidewalk icons. 6. Adaptive Management Triggers and Performance Standards. The Plan includes provisional triggers and performance standards for monitoring the efficacy of the various components of the Plan, including reports to the CCC for five years. The most recent draft of the Plan was submitted to the CCC and is tentatively scheduled for the California Coastal Commission hearing in April 2023. Chi itraarh Several open house community meetings have occurred since 2017 to keep interested parties informed of the Plan's status. Meetings have been held on September 14, 2017, June 20, 2018, and May 20, 2019. Most recently, a community meeting was held at Marina Park on September 26, 2022, to update the community on the most recent iteration of the management plan. There were approximately 20 people in attendance. FISCAL IMPACT: The future implementation of the coastal development permit will involve various expenses, such as implementation, monitoring, maintenance, and education. These costs are expected to be substantial, and as a result, staff is actively seeking grant opportunities through the California Coastal Conservancy to alleviate some of the financial burdens. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Management Plan SS2-4 Attachment A July 2022 Western Snowy Plover Management Plan Attached via link due to bulk: https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2856421 &dbid=0&repo=CNB SS2-4 Western Snowy Plover Management Plan for East Balboa Peninsula Beaches Prepared for. - City of Newport Beach City Hall — 100 Civic Center Drive, Bay E, Newport Beach, California 92660 Prepared by. - Glenn Lukos Associates 29 Orchard, Lake Forest California 92630 Contact: Tony Bomkamp Jeff Ahrens July 2019 [Revised February 2020] [Revised June 2021 July 2022] Western Snowy Plover Habitat Management Plan TABLE OF CONTENTS Section Page No. 1 OVERVIEW.......................................................................................................................I 1.1 Site Description....................................................................................................... 2 1.1.1 Critical Habitat Area................................................................................... 3 1.1.2 Other Balboa Peninsula Habitat.................................................................. 5 1.2 Regulations and Policy........................................................................................... 5 1.2.1 Federal Endangered Species Act................................................................ 6 1.2.2 US Fish & Wildlife Service: Western Snowy Plover Recovery Plan......... 7 1.2.3 California Coastal Act................................................................................. 8 1.2.4 City of Newport Beach: General Plan ........................................................ 8 1.2.5 City of Newport Beach: Coastal Land Use Plan ......................................... 9 1.2.6 City of Newport Beach: Municipal Codes .................................................. 9 2 WESTERN SNOWY PLOVER OVERVIEW................................................................9 2.1 WSP Life History.................................................................................................... 9 2.2 WSP Nesting and Wintering................................................................................. 10 2.3 WSP Population status on Balboa Peninsula........................................................ 11 2.4 Wintering WSP on Balboa Peninsula................................................................... 11 3 EXISTING CONDITIONS ON BALBOA PENINSULA............................................13 3.1 Habitat...................................................................................................................14 3.1.1 Native Plants............................................................................................. 15 3.1.2 Non-native Plants...................................................................................... 15 3.1.3 Delineation — Existing Fence.................................................................... 15 3.2 Predation............................................................................................................... 16 3.3 Recreational Activity............................................................................................ 17 3.3.1 Human Activity......................................................................................... 17 3.3.2 Dogs on Beach.......................................................................................... 18 3.4 Beach Operations.................................................................................................. 19 3.4.1 Marine Operations Division...................................................................... 19 3.4.2 Municipal Operations Department............................................................ 19 3.4.3 Animal Control Division........................................................................... 20 3.4.4 Recreation and Senior Services Department ............................................. 20 3.4.5 Public Works Department......................................................................... 20 4 OBJECTIVES OF THE PLAN......................................................................................21 4.1 Adaptive Management.......................................................................................... 22 5 CONSERVATION MEASURES....................................................................................23 Western Snowy Plover Habitat Management Plan 5.1 Education and Outreach........................................................................................ 23 5.1.1 Educational Materials............................................................................... 24 5.1.2 Education and Outreach Opportunities..................................................... 24 5.1.3 Community Partners................................................................................. 25 5.1.4 Recreation and Youth Services................................................................. 25 5.2 Adaptive Management Implementation................................................................ 26 5.2.1 Adaptive Management and Monitoring.................................................... 26 5.2.2 Install Temporary Seasonal Fencing......................................................... 26 5.2.3 Adaptive Management.............................................................................. 28 5.2.4 Restoration................................................................................................ 28 5.2.5 Dune Habitat Maintenance....................................................................... 29 5.3 Predator Management........................................................................................... 30 5.3.1 Non -Lethal Control Measures................................................................... 30 5.3.2 Control Measures When Nests are Present ............................................... 30 5.4 WSP Monitoring................................................................................................... 31 5.4.1 Wintering and Nesting Window Surveys ................................................. 31 5.4.2 WSP Population Monitoring..................................................................... 32 5.4.3 WSP Technical Working Group Pilot Program ........................................ 32 6 BEACH OPERATION AND RECREATION MANAGEMENT...............................33 6.1 Non -Recreational Operations................................................................................33 6.1.1 Marine Operations Division...................................................................... 34 6.1.2 Municipal Operations Division................................................................. 34 6.1.3 Public Works Department......................................................................... 37 6.2 Recreational Activities.......................................................................................... 38 6.2.1 Public Access............................................................................................ 38 6.2.2 Dogs.......................................................................................................... 39 6.3 Critical Habitat and ACA Delineation.................................................................. 40 6.3.1 Visual Indicators/Barriers..................................................................................... 40 6.3.2 Visual Indicators/Barriers — Adaptive Management Proposal: Phase 1............... 41 6.3.3 Visual Indicators/Barriers — Adaptive Management Proposal: Phase 2 ............... 43 6.4 Signage..................................................................................................................44 6.4.1 Interpretive and Educational signage........................................................ 44 6.4.2 Regulatory signage.................................................................................... 45 7 ADAPTIVE MANAGEMENT TRIGGERS AND PERFORMANCE STANDARDS ............................................................................................................................................45 8 REPORTING...................................................................................................................48 8 LITERATURE CITED...................................................................................................49 Western Snowy Plover Habitat Management Plan TABLES Table 1 Recovery Goal for Western Snowy Plover by Unit............................................................7 Table 2 Critical Habitat Area MOD Beach Services Schedule....................................................37 Table 3. G Street to the Wedge MOD Beach Services Schedule.................................................37 TABLE OF CONTENTS (CONTINUED) EXHIBITS 1 Map of Newport Beach 2 Critical Habitat Unit 48 3 Critical Habitat Areas in Southern California 4 Western Snowy Plover Recovery Plan Location 109 Newport Beach 5 Western Snowy Plover Survey Results 6a-b Current Delineation of Area Protected for WSP Within the Critical Habitat Area 7 Lifeguard Vehicle Access Map 8 Municipal Operations Vehicle Access Map 9 Signage Templates 10 Signage and Icon Templates 11 Signage and Icon Templates 12 Signage and Icon Templates 13 Signage Locations for Critical Habitat 14 Barrier Options 15 Plover Logo 16 Signage Locations 17 Signage Locations APPENDICES A Natural Resources Element Goals and Policies B Western Snowy Plover Policies C Municipal Codes D US Fish & Wildlife Service WSP Window Survey Results 2005-2017 E Recovery Plan for the Pacific Coast Population of the Western Snowy Plover F. Dune Habitat Restoration Plan Western Snowy Plover Habitat Management Plan OVERVIEW This Western Snowy Plover Habitat Management Plan ("Plan") has been developed to address management of the western snowy plover (Charadrius alexandrinus nivosus) ("WSP") within the eastern portion of the Balboa Peninsula that includes U.S. Fish and Wildlife Service (USFWS) designated Critical Habitat Unit 481, for the federally listed threatened WSP as well as areas to the east of Critical Habitat Unit. Although the focus of the Plan is conservation of the WSP, conservation measures will also benefit other shorebirds. Measures for the restoration and health of the beach dune habitat, which may be used by the WSP are also included. An earlier version of this Plan was prepared by Dudek, dated June 20182, which was distributed to the public for review and comment and a variety of comments were received. This updated version of Plan have been prepared to be responsive to the comments received, including the comments submitted by the public in response to a public meeting on May 20, 2019, as well as to further document ongoing actions by various City of Newport Beach ("City") departments to protect the WSP on City beaches. This Plan also responds to letters submitted to the City by the California Coastal Commission3,4 addressing protection of the WSP and letters from USFWS that provide suggested measures to enhance WSP protection and conservation s,6. As discussed below in various sections of this Plan, many of the measures proposed by CCC and USFWS were previously incorporated into the Plan for the geographic areas of the City addressed in this plan and this version of the Plan incorporates specific edits and addresses specific comments submitted by USFWS and also responds to the most recent correspondence from USFWS dated February 23, 2022.E This Plan has also been prepared to ensure compliance with the Natural Resources Elements of the City's General Plan and the City's Local Coastal Program and includes an "Adaptive Management" component, wherein modifications to the Plan would be incorporated where monitoring demonstrates that measures included in the Plan require modification to ensure adequate protection for the WSP within the Critical Habitat area and areas to the east of the Critical Habitat area. . ' U.S. Fish and Wildlife Service. 2012. "Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover; Final Rule." Federal Register Volume 77 Number 118; 50 CFR Part 17. June 2012 2 Dudek, 2018. Western Snowy Plover Management Plan for East Balboa Peninsula Beaches, Newport Beach, California 3 California Coastal Commission. June 26, 2017. Notice of Incomplete Application. Letter addressed to Brenda Wisneski, Deputy Community Development Director. a California Coastal Commission. September 11, 2017. Subject: Protection of Snowy Plover and dune habitat in City of Newport Beach. Letter to Dave Kiff, City Manager. 5 USFWS. February 16, 2017. Subject: Protective Measures for Western Snowy Plovers on Beaches in Newport Beach, Orange County, California. Letter to Dave Kiff, City Manager. 6 USFWS. April 10, 2018. Subject: Western Snowy Plover Management in Newport Beach, California. Letter to Dave Kiff, City Manager. 7 U.S. Fish and Wildlife Service. February 23, 2022. Letter from Sandy Vissman (USFWS) to Matthew Schneider (City of Newport Beach) with subject line: Comments on June 2021 revised draft Western Snowy Plover Management Plan for East Balboa Peninsula Beaches Western Snowy Plover Habitat Management Plan Following review of the July 2019 GLA Plan, the California Coastal Commission provided additional recommendations and the City met with USFWS and received comments from USFWS following the meeting. This updated version of the Plan responds to and incorporates recommendations of Coastal Commission's and USFWS, while retaining features of the July 2019 Plan such as the adaptive management approach, which is a key component of the Plan. Finally, this Plan provides the detailed measures that once approved and adopted can be used as the framework for other areas in the City where site specific protective measures for WSP require formal establishment and implementation. As discussed throughout this Plan, various departments within the City of Newport Beach already incorporate actions during day-to-day operations aimed at WSP protection; however, additional measures, based on site specific conditions may be warranted. This Plan provides an important milestone in achieving protection for WSP and dune habitat throughout the City, through implementation of an adaptive management approach. 1.1 Site Description Newport Beach is a community of 86,738 people covering 25.4 square miles, including 2.5 square miles of bay and harbor waters [Exhibit 1]. Over 63-percent of the City is in the coastal zone. The bay and beaches continue to play an important role in the community's character and economy. There are over 8 miles of sandy beaches that provide opportunities for sunbathing, volleyball, swimming, surfing, windsurfing and other recreational activities. Beach attendance averages 9.4 million people annually and the beach continues to be a major visitor destination. An oceanfront boardwalk runs along the beach for approximately 3 miles from 36th Street in West Newport to F Street on the Balboa Peninsula and is popular with pedestrians, bicyclists, and skaters. Balboa Peninsula stretches 3 miles long and is a popular summer destination in Newport Beach. At the center of the Balboa Peninsula is Balboa Village, a historic center for recreational and social activities on the Peninsula. It has a strong marine heritage and attracts anglers, recreational boaters, summer residents, and beachgoers. Attractions include the Balboa Fun Zone, Balboa Pier, historic facilities, live entertainment, restaurants and hotels. The "Wedge" located at the extreme east end of Balboa Peninsula is also a popular surfing spot and attracts wave riders and spectators during large summer swells. In addition to recreation and social activities, the beaches in Newport Beach also support areas of sensitive natural resources. Portions of Newport Beach's coastline support areas of coastal dune habitat. The coastal dune ecosystem is one of the most sensitive and declining habitat types on the West Coast and has historically been impacted by development, with continuing impacts from invasive, non-native species. Coastal sand dunes are a dynamic landform that can be affected by wave action, tides, wind, and trampling and are formed where there is a substantial amount of blown, dry sand. Plant life generally consists of low -growing species, which often exhibit succulent leaves, 2 Western Snowy Plover Habitat Management Plan creeping stems and long fleshy taproots. These adaptations aid the plants in tolerating coastal conditions in southern California including summer drought, salt stress and periods of intense sunlight. The coastline also supports unvegetated upper beach habitat above the high tide line, and below the dunes, that supports numerous invertebrate species, including beach hoppers (Telitrids), beetles (Coleoptera) and flies (Diptera). These areas provide prey resources as well as resting habitat for shorebirds, including the WSP. As discussed throughout this plan, Newport Beach includes area that USFWS has designated as "Critical Habitat" for the WSP (Critical Habitat Unit 48) [Exhibit 2] that requires special consideration. WSP also use other City beaches that lie beyond the boundaries of the designated Critical Habitat, including frequently used beach habitat to the east of Critical Habitat Unit 48, near the Wedge. In recognition of the importance of frequently used City beach habitat to the WSP, habitat to the east of CH Unit 48 was recommended for designation as an Avian Conservation Area ("ACA") 8 by the USFWS. The Project Area for this plan, Critical Habitat Unit 48 and the beach and dune area to the east of Critical Habitat Unit 48, is used primarily by wintering WSP. This plan does not address other City beach areas that may be used by WSP, however, the City recognizes the need for protection of the WSP on all beaches within the City; however, as discussed below, each area within the City is different, in terms of use intensity, recreational activity and natural resource value, and requires site -specific measures. Thus, following approval of this Plan, the City plans to address the other City beach areas with site -specific measures that reflect their unique characteristics in terms of use intensity, recreational value, and natural resource values. Site Specific measures would follow the general framework set forth in this Plan. 1.1.1 Critical Habitat Area Balboa Peninsula is one of seven primary wintering sites for snowy plovers in Orange County, which historically supported nesting; although due to existing human uses, the current potential for nesting is low. The Balboa Peninsula also contains three of the four recommended ACAS identified by USFWS in the City, including Critical Habitat Unit 48. The Project Area includes the beaches and dunes used by WSP along the eastern segment of the Balboa Peninsula east of B Street. This stretch of beach is approximately 1.1 mile or about 23-percent of the linear extent of Newport Beach. It includes Critical Habitat Unit 48, described below, as well as recently occupied habitat to the east, near the Wedge. The Pacific Coast population of the WSP was listed as "threatened" pursuant to the federal Endangered Species Act ("FESA") by the U.S. Fish and Wildlife Service (USFWS) on March 5, 1993. Final critical habitat for WSP was designated by the USFWS in 2012 [Exhibit 3 depicts areas of Critical Habitat in southern California]. Critical habitat for the species is designated for a Ibid., page 3. 3 Western Snowy Plover Habitat Management Plan the following areas within Newport Beach: Southeast of Balboa Pier, from B Street to G Street (0.4 miles), approximately 25.04 acres of beach (between the boardwalk and the mean tide line). Site views are provided on Exhibit 2. As noted, USFWS identifies this area as Critical Habitat Unit 48. Critical habitat is a designation in the FESA that identifies geographic areas containing features essential for the conservation of a threatened or endangered species that may require special management considerations or protection. As defined in the FESA, critical habitat may also include areas that are not currently occupied by the species but have been determined essential for the recovery of the species for which critical habitat is designated. The USFWS initial designation of critical habitat for the WSP was December 7, 1999, with updates in 2012. Currently, there are 55 critical habitat units (approximately 24,527 acres) in Washington, Oregon, and California including Unit 48: "Balboa Beach" Peninsula site. When designating critical habitat biologists consider physical or biological features necessary for life -history processes essential to the conservation of the species. These include, but are not limited to: • Space for individual and population growth and for normal behavior • Food, water, air, light, minerals, or other nutritional or physiological requirements • Cover or shelter • Sites for nesting and rearing offspring • Habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species The USFWS designated Critical Habitat Unit 48: "Balboa Beach" on June 9, 2012 as depicted on Exhibit 2 along with three of the four ACAS in the City. Designation of critical habitat or ACA does not affect land ownership or establish a wildlife refuge, wilderness area, habitat reserve or preserve, or other designated conservation area. The critical habitat designation does not affect accessibility by the public and in this regard would be the same as other stretches of beach on Balboa Peninsula. The oceanfront boardwalk extends along the critical habitat area from just east of B Street and ends approximately 200 southeast of F Street. Six street end entrances are located from A Street to G Street. In addition, C, D, E, and F Streets each have an asphalt or concrete pathway that extend various lengths from the intersection of the street entrance and boardwalk, toward the ocean within the designated Critical Habitat. It is important to note that, except for the concrete path that extends from E Street, which was constructed in 2014, each of the concrete walkways pre -date the Coastal Act and do not need authorization from the Coastal Commission. Consistent with the request of USFWS in their February 23, 2022 Letter, The City has determined that it will not seek after -the -fact authorization for the E Street Walkway and this Plan includes :d Western Snowy Plover Habitat Management Plan removal of this feature and restoration of the area following removal is addressed in a Dune Habitat Restoration Plan ("DHRP") that would include the area beneath the concrete walkway as well as other portion of the Dunes as requested in the July 27, 2021 Letter from the California Coastal Commission. The DHRP is attached as Appendix F. 1.1.2 Other Balboa Peninsula Habitat WSP use of Balboa Peninsula beaches is not limited to habitat designated as Critical Habitat. WSP have been documented using the upper beaches and dunes to the east and west of Critical Habitat Unit 48 but have been most regularly detected near Critical Habitat Unit 48 and to the east of Critical Habitat Unit 48 between B Street and the Wedge. WSP surveys provided information regarding WSP use of the Project Area include monthly surveys (Griswold 2014, 2015; Weinik 20135) and one -day window surveys, which are conducted range wide during a one -week window in the breeding and non -breeding seasons (available on USFWS website; hLtps://www.fws.gov/arcata/es/birds/wsp/plover.html). As already stated, the City recognizes the importance of incorporating conservation measures that will maximize the protection for wintering WSP at each of the wintering sites across the City's beaches. Successful implementation of this Plan could also increase the potential for resumption of nesting activities on the Balboa peninsula. While successful nesting has not occurred since 2009, with a failed nesting attempt in 2013, it is a goal of this plan to manage the habitat for the overall benefit of the WSP and dune habitat. This Plan provides the detailed measures that once approved and adopted can be used as the framework for other areas in the City where site specific protective measures for WSP require formal establishment and implementation. As discussed throughout this Plan, various departments within the City of Newport Beach already incorporate actions during day-to-day operations aimed at WSP protection; however, additional measures, based on site specific conditions may be warranted. This Plan provides an important milestone in achieving protection for WSP and dune habitat throughout the City, through implementation of an adaptive management approach. 1.2 Regulations and Policy As noted above, the WSP is listed as "threatened" under the FESA and Critical Habitat under the FESA was revised and updated in 2012. State of California includes the WSP as a "Species of Special Concern". This Plan has been developed in a manner that is intended to address a number of State and federal regulatory programs, addressed below. Under the regulatory programs discussed below, protective measures for species and habitat vary by location and by the ecology of the species in the context of site -specific conditions. USFWS coordinates with land managers on measures to protect listed species and issues permits, where necessary, under section 10 and section 7 of the FESA to address potential impacts and recovery actions that may affect the species. 5 Western Snowy Plover Habitat Management Plan Protective measures for specific species such as WSP are subject to ongoing review by managers and biologists to ensure they meet the conservation needs of the species while being the least intrusive as possible for recreation and other uses. The following regulations and policies have been considered in establishing best management practices, protective measures and conservation efforts within the City of Newport Beach for this Plan. 1.2.1 Federal Endangered Species Act The Federal Endangered Species Act (FESA) is a federal law, enacted in 1973, to provide a program for the conservation of threatened and endangered plants and animals, as well as their habitats. It is administered by the USFWS and the Commerce Department's National Marine Fisheries Service (NMFS). The USFWS's primary responsibility for terrestrial and freshwater organisms, while the responsibilities of NMFS are mainly marine wildlife. Under the FESA, species may be listed as either endangered or threatened. "Endangered" means a species is in danger of extinction throughout all or a significant portion of its population range. "Threatened" means a species is likely to become listed as endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. Approximately 2,300 species are currently listed as endangered or threatened under the FESA, including the threatened WSP. Section 4 of the FESA requires that listing determinations be based solely on the best scientific and commercial information available; economic impacts are not considered in making species listing determinations and are prohibited under the ESA. All endangered or threatened species, including the WSP, may be listed due to any of the following 5 factors: 1. Present or threatened destruction, modification, or curtailment of its habitat or range; 2. Over -utilization of the species for commercial, recreational, scientific, or educational purposes; 3. Disease or predation; 4. Inadequacy of existing regulatory mechanisms; and 5. Other natural or manmade factors affecting its continued existence. Pursuant to Section 9, the FESA protects endangered and threatened animal species and their habitats by prohibiting the "take" or "harm" of listed animals. Take is defined as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct." The term "harm" is defined as "an act which actually kills or injures wildlife". Harm may also include significant modification or degradation of habitat resulting in killing, injuring or impairing essential behavioral patterns like nesting, feeding, or sheltering. The goal of this Plan is to reduce or eliminate any potential for take of the WSP on the City's beaches. [-1 Western Snowy Plover Habitat Management Plan In addition to preventing further loss of a species, the ESA also requires the Federal Government to pursue actions to recover species to the point where they are delisted and no longer require protections (USFWS 2013). To this end, USFWS develops "Recovery Plans" for listed species. 1.2.2 US Fish & Wildlife Service: Western Snowy Plover Recovery Plan The Western Snowy Plover Recovery Plan (WSPRP) is a guiding document prepared by the USFWS that identifies priority areas for conservation planning and recovery objectives, criteria and strategies necessary to achieve recovery for interested parties (USFWS 2007). Parties may include Federal, State and local agencies, private landowners and the public. A recovery plan is not a regulatory document and does not obligate cooperating or other parties to undertake specific tasks or expend funds. The WSPRP was published in 2007 and includes recommendations and management measures that aim to protect, recover and delist the species from its threatened status under ESA (USFWS 2007). The WSPRP seeks cooperative management and monitoring, mixed with education and public participation, to restore the WSP to sustainable numbers. In the WSPRP, the U.S. Range of the WSP is divided into 6 Recovery Units, each with a numerical WSP population target (Table 1). Newport Beach lies within Recovery Unit 6 and is identified in Appendix B of the WSPRP as location CA-109 as depicted on Exhibit 4. The WSP population goal for Recovery Unit 6 is an average 500 breeding adults for 10 years, and the overall recovery goal is to maintain an average of 3,000 breeding adults for 10 years across the six recovery units (Table 1) and annual productivity of at least one fledged chick per male in each recovery unit for the last five years prior to delisting, In addition to population criteria, the WSPRP identifies management criteria necessary for recovery of the WSP, including incorporation of management activities into management plans to ameliorate or eliminate threats, completion of research necessary to modify management and monitoring actions, development of a post-delisting monitoring plan and development and implementation of mechanisms to assure long-term protection and management of breeding, wintering, and migration areas to maintain the subpopulation sizes and average productivity. If the WSPRP is successful, the species could be delisted by 2047. Table 1: Recovery Goal for Western Snowy Plover by Unit Western Snowy Plover Recovery Units Goal: Number of Breeding Adults 1. Washington & Oregon 250 2. CA —Del Norte --Mendocino counties 150 3. CA —San Francisco Bay 500 4. CA —Coast: Sonoma --Monterey counties 400 5. CA —Coast: San Luis Obispo --Ventura counties 11200 6. CA —Coast: Los Angeles —San Diego counties 500 7 Western Snowy Plover Habitat Management Plan 1.2.3 California Coastal Act The California Coastal Act of 1976 (Coastal Act) establishes specific policies (see Division 20 of the Public Resources Code) that address issues such as shoreline public access and recreation, lower cost visitor accommodations, terrestrial and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works. The Coastal Act also established the California Coastal Commission (Coastal Commission). In partnership with coastal cities and counties, the Commission plans, reviews and regulates the use ("Development") of land and water in the coastal zone. Development activities, which are broadly defined by the Coastal Act to include (among others) construction of buildings, divisions of land, and activities that change the intensity of land use or public access to coastal waters, generally require a coastal development permit (CDP) from either the Coastal Commission or the local government through a Local Coastal Program. Implementation of Coastal Act policies is accomplished primarily through the preparation of a Local Coastal Program (LCP), prepared by a local government and reviewed and approved by the Coastal Commission. An LCP typically consists of a land use plan and an implementation plan. The City of Newport Beach (City) LCP was certified by the Coastal Commission on January 13, 2017. Within the City's coastal zone, the certified LCP is standard by which both the City and the Coastal Commission determines a project's consistency with the Coastal Act. This Plan has been prepared in a manner that is fully consistent with the provisions of the City's LCP. 1.2.4 City of Newport Beach: General Plan The City's General Plan ("GP"), adopted in 2006 includes 10 elements. Among these elements is the Natural Resources Element, which contains goals and polices (Appendix A) related to the protection of biological resources, air quality and visual resources among other. Specially related to the WSP, Goal NR12 call for the protection of coastal dune habitats and includes three polices that address the restoration of native vegetation and removal of exotics, dune habitat protection and beach sand removal. This plan has been designed to be consistent with the applicable goals and polices set forth in the Natural Resources Element of the GP. As addressed in more detail below and in the comprehensive DHRP, this Plan identifies areas within Critical Habitat Unit 48 where non-native invasive species will be removed and re -planted with native dune vegetation as part of dune restoration as well as areas between G Street and the Wedge where dune habitat would be enhanced through removal of non-native fig marigold (Carpobrotus edulis). E:3 Western Snowy Plover Habitat Management Plan 1.2.5 City of Newport Beach: Coastal Land Use Plan The City's certified LCP consists of Coastal Land Use Plan (CLUP) and an Implementation Plan (IP). The CLUP sets forth goals, objectives, and policies that govern the use of land and water. The IP contains the land use and property development regulations that implement CLUP policies. The CLUP includes policies for the protection of environmentally sensitive habitat areas (ESHA). ESHAs are areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Because the area covered by the critical habitat designation supports roosting habitat for a threatened species, the federally designated critical habitat area meets the definition of ESHA in the City's CLUP. Regulations and procedures for the protection of ESHA (Appendix B) are contained in IP Chapter 21.30B (Habitat Protection). Other applicable IP sections include 21.30.100 (Scenic and Visual Quality Protection), Chapter 21.30A (Public Access and Recreation) and Section 21.48.055 (Public Beaches). This Plan has been prepared in a manner that is fully consistent with the provisions of the City's CLUP. 1.2.6 City of Newport Beach: Municipal Codes Appendix C provides a comprehensive list of municipal codes within City of Newport Beach that are relevant to City beaches and relate to the protection measures of sensitive habitat areas and the WSP. Municipal codes may be enforced by the Newport Beach Police Department or other appointed officers with enforcement authority. These municipal codes include, but are not restricted to, requirements that dogs are securely restrained by a leash or chain on beaches and that animals are prohibited on public beaches between the hours of 10 a.m. and 4:30 p.m. year-round (Chapter 7.04). Chapter I I addresses areas that may be relevant to WSP's including obstructions on public beaches, (Chapter 11.08.010) prohibited hours (11.08.30) and skimboarding (11.16). 2 WESTERN SNOWY PLOVER OVERVIEW 2.1 WSP Life History The WSP is a small shorebird distinguished from other plovers by its small size, pale brown back, dark patches on either side of the upper breast, and dark gray legs. As a small shorebird, their weight ranges from 34-58 grams (1.2-2 ounces) and length from 15-17 cm (5.9-6.6 inches). Their lifespan averages three years; however, a banded WSP was discovered to have lived 15 years. Young WSP fledge between 28-33 days, when they can fly, and begin breeding as adults at one year or older. 9 Western Snowy Plover Habitat Management Plan The interior population is a California Species of Special Concern that breeds in the San Joaquin Valley, northeastern California, the Owens Valley, the southeastern deserts, and around Lake Elsinore in western Riverside County (Shuford et al. 2008). The Pacific population is federally listed as threatened and is also a California Species of Special Concern and breeds along the coast from Washington State south through California. According to Ryan et al., (2017), in Orange County, the Pacific population of WSP have historically been documented nesting from Anaheim Landing to Balboa: In Orange County, plovers nested at Anaheim Landing, Sunset Beach Bay Fill, Sunset Beach, Bolsa Chica Beach, Bolsa Chica Salt Flats, Newport Beach, and Balboa Beach prior to 1940 (Page and Stenzel 1981). During their 19 79- 78 survey, Page and Stenzel (1981) found that OC supported 2% of the pairs on the mainland coast, all at the Bolsa Chica Oil Fields (previously Bolsa Chica Salt Flats). As in LAC, they concluded that the only other likely nesting location was at the Sunset Aquatic Park and that the lack of nesting plovers elsewhere was due to beach raking and heavy human use (Page and Stenzel 1981). The WSP feeds on invertebrates such as crustaceans and mollusks, marine worms, and insects. They forage on invertebrates in the wet sand and amongst surf -cast kelp within the inter -tidal zone, in dry, sandy areas above the high tide, on saltpans, on spoil sites, and along the edges of salt marshes, salt ponds and lagoons. They sometimes probe for prey in the sand and pick insects from low -growing plants (Defenders of Wildlife 2017). Their foraging behavior is to pause, look, run, and then seize prey from the surface of the beach or tidal flat. The adult WSP predators are typically avian species such as hawks and falcons(Page et al. 2009). Snowy plover nest predators include American crow (Corvus brachyrhychos), common raven (C. corax), red fox (Vulpes vulpes), raccoon (Procyon lotor), striped skunk (Mephitis mephitis), black rat (Rattus rattus), and feral cat (Felix catus). Other suspected predators include coyotes (Canis latrans), mink (Mustela vison), short and long-tailed weasel (Mustela spp.), Virginia opossum (Didelphis virginiana), gray fox (Urocyon cinereoargenteus), Norway rats (Rattus norvegicus), spotted skunk (Spilogale putorius), and gulls (Laris spp.) (USFWS 2008). 2.2 WSP Nesting and Wintering The WSP nesting season is from March 1 through September 30, predominately in May. Nesting occurs on coastal sandspits, dune -backed beaches, beaches at creek mouths and lagoons, and salt pans at lagoons and estuaries. WSPs lay eggs on barren to sparsely vegetated sand beaches and often place nests near a conspicuous feature in the landscape, such as kelp, driftwood or low growing plants (Page et al. 2009). The male WSP protects the eggs and rears the young for the first brood. The female may mate again and may help with the last brood of the season. The chicks can walk within 3 hours of hatching. During this period, chicks are flightless, remain on the beach, 10 Western Snowy Plover Habitat Management Plan and are extremely vulnerable. They learn to feed by following their parent, usually the father, to wrack (dead seaweed debris that has washed-up on shore). Both adults and juveniles will use wrack and other natural beach debris as a place to hide from predators and weather. The non -breeding season is also termed the "wintering" period. This period occurs from September through February, although non -breeding individuals can sometimes return to their "wintering" locations earlier- at some sites non -breeding individuals can arrive by late July or August. Overwintering habitat is very important for WSP and other migratory shorebirds. The habitat provides connectivity for dispersal between nesting sites and provides resources that allow birds to build fat reserves necessary for spring migration and the upcoming nesting season. WSP exhibit strong fidelity to overwintering sites, often returning to the same beaches every year after nesting elsewhere. 2.3 WSP Population status on Balboa Peninsula Prior to 1940, WSP nested in Orange County at Anaheim Landing, Sunset Beach Bay Fill, Sunset Beach, Bolsa Chica Beach, Bolsa Chica Salt Flats, Newport Beach, and Balboa Beach (Page and Stenzel 1981). Balboa Peninsula is currently a primary wintering habitat for the WSP. Between 2003 and 2010, Balboa Peninsula supported an average wintering flock of 35 WSP (77 FR 36728- 36869). Larger winter roosts have been documented southeast of Balboa Pier to the rock jetty at the Wedge, with a maximum of 149 individuals. Since 2009, additional year-round surveys have also been conducted (Weinik during 2013, 2014 and 2015, R. Griswold XXX).9 WSP are primarily observed during the wintering season, and Balboa Beach supports the largest roost in the county. Ryan et al. (2014) observed between 12-125 plovers generally between October and February each year; this represents 42-percent of observations. The Balboa Peninsula beach appears suitable for WSP nesting, however WSP generally depart from the Project Area near the beginning of the breeding season (mid -March), and return by mid -July. WSP nested unsuccessfully in the Project Area as recently as 2013 (cite), and successfully nested within the Project Area in 2009 WSP counts are generally low or absent between mid -March to mid -July as shown in the results of the window surveys and roosting surveys [Exhibit 5] (USFWS Western Snowy Plover window survey links on the website: https://www.fws.gov/arcata/esibirds/wsp/plover.html. 2.4 Wintering WSP on Balboa Peninsula Wintering WSP in Critical Habitat Unit 48 use the upper beach and dune areas; however, the primary use area occurs on the upper beach areas between the dunes and the high-water line. Exhibits 6a and 6b depict areas mapped by Ryan et al., in 2015-2016 and 2016-2017 and by GLA in 2019 which shows use of both the dune areas and the areas between the dunes and surf. Photos 9 Josh Weinik. PowerPoint Presentation provided to Tony Bomkamp June, 2019. 11 Western Snowy Plover Habitat Management Plan from various surveyors posted on eBird show the primary use areas also between the dunes and the surf, which is consistent with GLA's observation on March 5, 2019, wherein GLA Biologists Tony Bomkamp and Jeff Ahrens detected 54 WSP in one survey between the dunes and the surf Similarly, the WSP use areas depicted by Ryan et al., (2017) depicts the use areas from 2014-2015, 2015-2016 and 2016-2017 using areas between the dune areas and surf eBird photographs and GLA's observations show WSP using tire tracks and footprint depressions to provide protection when not foraging. Thus, while the coastal dune areas are important, the areas of open beach - upper beach between the dune and the mean high tide line for roosting, and intertidal areas for foraging - appear to exhibit substantial use by the WSP. In addition to these data, observations during 2013, 2014 and 2015, provide information regarding the dynamic use of the different sites on the Balboa Peninsula as depicted on Exhibit 7. Wintering WSPs on the peninsula shift from one location to another during the wintering season as provided on Exhibit 8. As discussed below, future surveys will seek to confirm the patterns and refine and management measures to address habitat use within the Project Area. In early November 2019, Georggia Zhang, a student in the California State University Fullerton ("CSUF") Graduate Environmental Studies Program began weekly monitoring of the WSP in Critical Habitat Unit 48 to record WSP-human interactions, recording all potential stressors within the Critical Habitat area (discussed in more detail below) to begin accumulating data for the Adaptive Management components of the plan. Of note, is the patterns of use by WSP within the Critical Habitat Area. On November 2, 2019, accompanied by Tony Bomkamp, no WSP were detected in the Critical Habitat Area. On November 10, Ms. Zhang counted over 60 WSP between D Street and E Street, on November 14, a total of 70, on December 1, 50 WSP, on December 5, five WPS. On December 9, Tony Bomkamp found five WSP at the same location and 37 in the ACA. Monitoring was suspended in March 2020 due to Covid 19-related restrictions and have not been reinitiated. GLA has also noted strong tendency by WSPs to use depressions while roosting as this presumably provides additional protection and shelter. The depressions consist of two types, footprints left by beachgoers as well as tire ruts left by vehicles. This is particularly noteworthy within the Critical Habitat Area due to the regular travel by lifeguard vehicles through this area. As discussed under the Adaptive Management approaches below and proposals for temporary fencing, the use of such depressions may be important in development of protections for WSP within Critical Habitat Unit 48 as well as the ACA between G Street and the Wedge. Specifically, the dynamic character of the WSP within these roosting sites may prove to be an important factor in identifying practical measures for WSP protection and the types of fencing employed. 12 Western Snowy Plover Habitat Management Plan 3 EXISTING CONDITIONS ON BALBOA PENINSULA The USFWS Recovery Plan (USFWS 2007) for WSP states that habitat loss and degradation attributed to human disturbance, urban development, introduced beachgrass (Ammophila spp.), and expanding predator populations is the main cause for the species' decline; however, Ryan et al. (2017b) have identified other specific threats. Observations in 2019 and 2020 confirm point 1 below. As discussed in more detail below, the early results of the monitoring confirm points 1 and 4 below, while the City has already implemented (or committed to implementing) policies and practices relative to points 2, 3, 5, 6 and 7. Each of these are addressed in various sections of the Plan below. Points 1 and 4, are the primary focus of the adaptive management components subject to substantial detail below. These include: 1. A lack of public awareness of the presence of WSP roosts and a lack of information about how to avoid disturbing the plovers while enjoying the beach; 2. Lack of training and information on locations of WSP roosts among some staff that drive and operate equipment on the beaches; 3. Regular disturbance, removal of foraging resources, and occasional mortality resulting from beach grooming, operation of heavy equipment, and regular vehicular traffic; 4. Regular disturbance and occasional mortality from off -leash dogs; 5. Beach management practices that remove kelp and associated arthropods; 6. Recreational activities and occasional large events that flush WSP from roosts and leave large amounts of refuse near roosts; and 7. Native and non-native predators drawn in unusually large concentrations to human refuse on and near the beach and pet food placed outside at nearby residences. USFWS recommends establishment of Avian Conservation Areas ("ACAs"), to reduce the potential for unauthorized take of WSP and would include delineation of sensitive areas requiring protection, measures for vehicle operation within sensitive areas, measures for beach cleanup and maintenance, and measures relative to recreation within sensitive areas. 10 Many of these measures are currently practiced by the City departments that have responsibilities within the Critical Habitat area as well as areas to the east where WSP roosts in winter. As noted, the measures that implement the recommendations by USFWS are addressed in the Sections throughout the rest of this Plan. In setting forth recommendations that focus on WSP protection, the concern with impacts from dogs 10 USFWS. February 16, 2017. Subject: Protective Measures for Western Snowy Plovers on Beaches in Newport Beach, Orange County, California. Letter to Dave Kiff, City Manager. 13 Western Snowy Plover Habitat Management Plan on the beach, particularly off -leash dogs are recognized by the City as one of the "existing conditions" that requires remediation or mitigation. As discussed below, this iteration of the Plan, incorporates additional measures aimed at reducing the potential dog-WSP interactions in the context of the Adaptive Management approaches set forth below. The following section provides an overview of the existing habitat conditions within the critical habitat area. In addition to habitat conditions, this section also identifies existing conditions and ongoing activities that may pose as threats to the WSP. 3.1 Habitat The Project Area includes open stretches of sandy beach and areas of low coastal dune habitat that exhibits sparse vegetation. Within Critical Habitat Unit 48, vegetated dune habitat begins approximately 200 feet east of B Street (extended) and extends to the F Street pathway. The dune areas extend from near the boardwalk toward the water, leaving an unvegetated strip of beach that ranges from approximately 175- to 250-feet wide between the edge of the dunes and the surf. The vegetated areas of dunes are separated by paths and walkways that are intended to provide for directed or controlled beach access that limits potential impacts to the dunes. Ornamental vegetation occurs in patches adjacent to some residences on the ocean side of the boardwalk extending at a maximum just over 50 feet from the oceanfront homes into the Critical Habitat. Other than the areas of ornamental vegetation along the boardwalk and areas of fig marigold (ice plant) mats, the dunes within the Critical Habitat are in remarkably good condition and almost entirely free of non-native invasive vegetation, which is restricted to two small patches of fig marigold immediately west of F Street and one other small patch between F and G Streets. In habitat east of Critical Habitat Unit 48 (proposed Avian Conservation Area), using portions of beach from G Street to the Wedge. The portion of the Project Area east of Critical Habitat Unit 48 (east of the F Street pathway); provides suitable conditions for WSP for winter roosting and foraging and is seasonally occupied by WSP. Thus, where applicable, the management actions set forth in this Plan will be implemented in this segment of beach to ensure protection of WSP. The City recognizes that the WSP has been observed on the Balboa Peninsula east of Critical Habitat Unit 48 (proposed Avian Conservation Area), using portions of beach from G Street to the Wedge. This area is not designated as Critical Habitat by USFWS; nevertheless, it does provide suitable conditions for WSP for winter roosting and foraging and thus, where applicable, the management actions set forth in this Plan will be implemented in this segment of beach to ensure protection of WSP. As noted above, USFWS recommends that this area be designated as an ACA. 14 Western Snowy Plover Habitat Management Plan 3.1.1 Native Plants Coastal dunes support a suite of native plants which are adapted to the unique conditions of coastal dunes. Efforts to restore native dune species within the area between B Street and F Street has been extensive but slow. The following native dune species have been detected in the coastal dune habitat within the Balboa Beach Critical Habitat Unit 48: • Coast Wooly Heads (Nemacaulis denudata var. denudata) • Beach Morning Glory (Calystegia soldanella) • Pink Sand Verbena (Abronia umbellata)11 • Beach Evening Primrose (Camissoniopsis cheiranthifolia) • Beach Bur (Ambrosia chamissonis) • Coast Cryptantha (Cryptantha leiocarpa) 3.1.2 Non-native Plants Within Critical Habitat Unit 48, non-native species are common and locally dominant in some areas that also support native, dune species; however, as noted above, the dunes support a predominance of the native dune species noted above. Non-native species include crystalline ice plant (Mesembryanthemum crystallinum), sea rocket (Cakile maritima), fig marigold (Carpobrotus edulis), and buttercup oxalis (Oxalis pes-caprae), the vast majority of which occur between the dunes and the boardwalk as depicted on the vegetation map included as Exhibit 9. Over the last five years, City staff and volunteers have made efforts to remove some of the non- native plants, primarily focusing on the habitat area between D Street and F Street, inside of the erosion fencing. Between C and G Streets along the boardwalk, degradation of the dunes is associated with planting of non-native, ornamental species in areas which have also been subject to soil amendment just south of the boardwalk. 3.1.3 Delineation — Existing Fence Within the 25-acre Critical Habitat Unit 48, two areas of coastal dune habitat are delineated by 4- foot-high barrier consisting of metal T-Bar posts with either strands of Parachord. In June 2011, the City installed approximately 1,300 linear feet of fencing around approximately 2.1 acres of habitat between the walkway fingers of D and E Streets. In January 2017, approximately 1,400 " In their letter dated July 6, 2018, the Orange County Chapter of the California Native Plant Society stated that red sand verbena (Abronia maritima) has been observed in the Balboa Dunes. This is not supported by Josh Weinik who reported only A. umbellata from the Balboa Dunes, which is consistent with the observations of Tony Bomkamp in March of 2019; however, Mr. Bomkamp did not perform a comprehensive survey of all the dunes within the Critical Habitat area. 15 Western Snowy Plover Habitat Management Plan linear feet of additional fencing was installed around approximately 2.4 acres of coastal dune habitat between the walkway fingers E and F Street. The fencing installed in 2011 was replaced in 2018 with the T-Bar and Paracord strands. This delineates approximately 4.5 acres of coastal dune habitat within the critical habitat area (25.04 acres). The current T-Bar posts with Paracord are staggered and not fully enclosed to provide limited public access while discouraging beach activities, foot traffic and dogs in the coastal dunes. A -frame signage is also present indicating the presence of sensitive ecological habitat within the fenced area. The City concurs with USFWS and Coastal Commission staff that the current fencing; while it discourages beachgoers from entering the dunes, does little to prevent unleashed dogs from entering the dunes and as such additional measures are needed to protect the dunes. 3.2 Predation As noted below, corvids (crows and ravens) are the most problematic predator of WSP eggs and chicks. Predators on adults include both mammalian and avian species. Mammalian predators include coyotes (Canis latrans), foxes (Urocyon cinereoargenteus and Vulpes Vulpes), raccoons (Procyon lotor), skunks (Mephitis spp.), weasels (Mustela spp.) and feral cats (Felis domesticus). Avian predators include peregrine falcons (Falco peregrinus), northern harriers (Circus cyaneus), merlins (Falco columbarius), great horned owls (Bubo virginianus), burrowing owls (Speotyto cunicularia), great blue herons (Ardea herodias). Suitable cover for many of the mammalian species such as dune grass, does not occur on the Balboa Peninsula; therefore, species such as foxes, skunks, weasels are not expected to pose a threat. Certain avian species, such as the burrowing owl, great horned owl, and merlins are uncommon at best, with northern harrier, peregrine falcon and great blue herons more likely. However, as part of the data collection for the Adaptive Management Program, observations of predators will be recorded. Corvids (crows) have documented as the most likely predator on the WSP relative to chicks and eggs. Corvids benefit from human activities, especially increased access to food. Highly adaptable, these predators seek out locations with available trash (litter, exposed trash cans, etc.). Corvids prey on WSP chicks and eggs but generally are not a major predator on adults (Page et al. 2009). Based on studies conducted by the USFWS, the dominant source of predation on WSP resulting in nesting failure is from corvids although other sources of nest failure include abandonment and unidentified predation. Because Balboa Peninsula is currently a wintering site, with no documented nesting attempts since 2011, the corvid predator impact on the local WSP population is minimal. Thus, the major predation threat is associated with unleashed dogs discussed below. 16 Western Snowy Plover Habitat Management Plan 3.3 Recreational Activity 3.3.1 Human Activity Human activity on the Balboa Peninsula is year-round, with a majority of beach activity occurring between Memorial Day and Labor Day. The highest concentrations of beachgoers is likely to be found adjacent to Balboa Pier where parking and beach amenities (fire pits, restrooms, etc.) are more available. A parking lot lies approximately 10 feet north of Critical Habitat Unit 48; however, the parking area is located over 600 feet from the areas, most commonly used by wintering WSP. Walking, biking, and rollerblading are popular recreational activities occurring along the boardwalk. While the boardwalk extends to F Street (adjacent to the critical habitat), more boardwalk activity is generally observed closer to Balboa businesses and restaurants. Higher concentrations of human activity occur at the Wedge, predominantly during large, summer swells. WSP are easily disturbed when approached by humans and typically do not significantly acclimate to high levels of disturbance. Wintering WSP at beach areas near the Devereux Slough in Santa Barbara County have been documented to be sensitive to disturbance from recreational activities, including walking and jogging (Lafferty 2001). This may result in negative impacts to survivorship or cause plovers to abandon a wintering site (Lafferty 2001). GLA has noted during surveys that the somewhat cryptic coloring of the WSP make them difficult to see under certain lighting conditions (e.g., in early morning when walkers or joggers are moving in an eastward direction toward the rising sun) and thus, reducing potential for avoidance. The need for temporary fencing of some configuration to ensure avoidance is necessary to protect roosting sites that also remains functional as WSP shift roosting areas. It is likely that WSP within the Project Area are periodically exposed to foot traffic from recreation. WSP are likely to run or fly in response to approaching pedestrians. They typically do not significantly acclimate to high levels of disturbance (Lafferty 2001). Repeated disturbance may result in negative impacts to survivorship or cause WSP to abandon a wintering site (Lafferty 2001). Conversely, WSP appear to respond to localized protection from foot and vehicle traffic if the protected area is of adequate size (Sandoval 2009, and Ryan 2017 and have been re- established on some beaches in California. Limited, on street parking for beach access minimizes recreation activities in the Critical Habitat area. Nevertheless, walking and jogging on the sand, between Balboa Pier and the Wedge, through the Critical Habitat area is a commonly observed activity and as noted above, exhibits potential for disturbing roost sites, depending on location. Passive beach activities, like sunbathing and swimming, still occur and are most common. Two public volleyball courts are located within the 17 Western Snowy Plover Habitat Management Plan critical habitat. With one west of D Street and one area near G Street (and as discussed below, will be removed). 3.3.2 Dogs on Beach Dogs are natural predators and can also have an impact on the WSP. Dogs can directly prey upon, disturb, causing flushing behaviors, or in some cases kill WSP. Within the Project Area, dogs are allowed on the beach if maintained on a leash between the hours of 7:00 to 10:00 a.m. and after 4:30 p.m. Referring to the Critical Habitat Area, Ryan (2017) noted: "Off -leash dogs we reported here from every survey, including dogs flushing the plovers." Even dogs on leash passing in proximity to WSP can cause flushing behaviors. Dog walkers on the Balboa Peninsula have been observed walking dogs on the beach, along the water's edge and on the boardwalk; although the areas between the dunes and the water's, edge where WSP often use are used by dog walkers. The Newport Beach Municipal Code does not allow dogs on the beach or beachfront sidewalk between the hours of 10:00 am and 4:30 pm. Outside of these times, dogs are permitted on the beach but it is required that dogs are under the control of owners on leashes (or chains) not exceeding six feet in length at all times (Appendix Q. Based on preliminary monitoring conducted by Ms. Zhang, the majority of dogs are on leashes for at least part of their time on the beach; however, dogs have been observed off -leash on a regular basis. Final data collected by Ms. Zhang indicates that approximately 50-percent of the dogs observed are off -leash for at least part of the period they are on the beach, to allow them to run. GLA has interviewed dog owners with unleashed dogs and responses vary. While most are aware of the City code requiring leashes on the beach, many are not aware of the presence of the WSP. Thus, additional efforts to increase public awareness are necessary, and as discussed below represent a significant opportunity to substantially reduce stressors on the wintering WSP. As discussed in more detail below, ensuring public awareness of the winter roost for WSP with the use of, low profile fencing, symbolic fencing and signage will be the initial focus of the adaptive management efforts. Signage stipulating allowable beach uses and dog -related codes are posted along the boardwalk and at street access points; however, the current signage has not resulted in an adequate public awareness and/or response. Signage to further increase awareness of the WSP and sensitive coastal dune habitat will be strategically placed within the Critical Habitat area. The current T-Bar with Paracord does not, as noted, prevent access by unleashed dogs. Enforcement of permissible hours and leash laws by Animal Control Division is necessary to limit violations and provide protection for the WSP and sensitive coastal dune habitat. Nevertheless, violations of the permitted times and particularly of the leash laws are not uncommon, in the absence of adequate enforcement. The City is committed to enforcing the restrictions regarding dogs on the beach and intends to increase enforcement and Animal Control presence as well as issuance of citations for violations. The City is also exploring the possibility of increasing the fines associated with violations for the areas of Critical Habitat and the ACA between the Critical Habitat and the Wedge. 18 Western Snowy Plover Habitat Management Plan Based on early data collection, observations, and interviews with dog walkers, with concurrence of USFWS the City proposes to install temporary seasonal fencing to provide protection of roosting sites from beachgoers and dogs (leashed and/or unleashed) within the Critical Habitat area as well as the ACA between G Street and the Wedge. The proposed fencing would be installed at the beginning of the first full wintering season following approval of this Plan with the beginning of the wintering season defined for purposes of this plan as October 1. As discussed below, because of the dynamic character of the roosts, alternative approaches for the temporary seasonal fencing have been considered and are discussed below. Selected alternatives (concepts) for the temporary seasonal fencing would be subject to the adaptive management components of the Plan. USFWS has expressed support for the concept proposed below as an initial starting point within the adaptive management framework. 3.4 Beach Operations The City of Newport Beach is a full -service City and provides its residents with a variety of public services. Year-round service and operations are provided the City's beaches can impact the WSP and sensitive coastal dune habitat. The following are City departments and associated activities that operate within or adjacent to the Critical Habitat area. 3.4.1 Marine Operations Division The Marine Operations Division operates under the Newport Beach Fire Department. Ocean lifeguards ensure safety and provide service to the visitors on the beach, boardwalk, piers, and in the ocean/surf year-round. Lifeguard vehicles traverse the beach for routine patrol and emergency response. GLA met with Lifeguard staff and discussed vehicle use on the beaches by City lifeguards and it is the practice to maintain very low speed levels when WSP are present. GLA biologists have observed lifeguard vehicles on the beach, traversing areas occupied by wintering WSP. While the vehicles move slowly, GLA observed a reduction in speed as the flock of WSP was approached by a lifeguard vehicle. WSP in the path of the vehicle moved to avoid collision; however, the movement was very "casual" and did not result in major "flushing" of the flock; rather, only the WSP in the path of the vehicle moved and the movement was only a few feet, necessary to avoid collision. The observed movements suggest some level of habituation to the lifeguard vehicle movements. By comparison, leashed dogs, within 10 feet of the WSP resulted in evident flushing behavior of the flock, though not abandonment of the specific roosting area. 3.4.2 Municipal Operations Department The Public Works, Municipal Operations Division (MOD) provides clean, safe, and responsive utility and infrastructure maintenance services to the community of Newport Beach through a combination of in-house staff and contractors. These services include beach maintenance along 19 Western Snowy Plover Habitat Management Plan Newport Beach's shorelines and boardwalks. Year-round trash pickup and beach grooming occur on a weekly basis. Sand berm construction may occur during high tides and large surf to mitigate flooding but occurs outside of the Critical Habitat area. GLA has met staff from the MOD and discussed specific activities by the MOD that could affect WSP winter roosting in the Critical Habitat area as addressed below. 3.4.3 Animal Control Division The Animal Control Division operates under the Newport Beach Police Department and routinely patrols beaches, parks and neighborhoods to enforce local, state and federal laws. This includes the City's leash regulations and permissible hours for dogs on the beach. As discussed below, this is an important area of focus of the measures proposed to protect WSP winter roosting within the Critical Habitat area. 3.4.4 Recreation and Senior Services Department The Recreation and Senior Services (RSS) Department provides a wide range of educational, recreational, cultural and social programs for all ages and has implemented the existing educational and protection efforts for Critical Habitat Unit 48 and the wintering WSP. Because the RSS Department also oversees the use of the City's 79 parks, beaches, marine habitats and recreational facilities it is responsible for review and authorization of activities and special events proposed for the City's beaches, including the Critical Habitat area. 3.4.5 Public Works Department The Public Works Department provides design and construction management services to enhance the City of Newport Beach's infrastructure. This includes implementation of the City's Capital Improvement Program (CIP), which serves as a plan for the provision of public improvements, special projects, on -going maintenance programs and implementation of the City's master plan. Public Works Department coordinates with other State and Federal Agencies for sand management and replenishment efforts for Balboa Peninsula, which may occasionally extend near and within the boundaries of Critical Habitat Unit 48. GLA has met with representatives of the Public Works Department to discuss activities that could affect WSP winter roosting within the Critical Habitat area. 3.4.6 Status of Enforcement/Baseline for Education, Signage, and Enforcement, Objectives of the Plan set forth below include education, signage, and enforcement the specifics of which are intended to collectively increase protection for the WSP and associated habitat. Because of the adaptive management approach set forth below, it is necessary to establish a 20 Western Snowy Plover Habitat Management Plan baseline for each of these with initial implementation of the plan such that it is possible to measure changes as the adaptive management programs moves forward. Currently baseline conditions for each of these Plan components have not been established and the components for each of these as set forth in the Plan provide the baseline as the Plan is implemented. 4 OBJECTIVES OF THE PLAN This Plan has been prepared to ensure compliance for the Critical Habitat Unit 48 area and proposed ACA east to the Wedge, with the Natural Resources Element of the GP and with the provisions of the City's CLUP. Although the primary focus of this plan is conservation, management and education related directly to the designated Critical Habitat, this plan documents ongoing conservation measures and operational practices already incorporated by various City departments for the areas east of the designated Critical Habitat that extend to the Wedge in order to protect potential WSP at winter roost locations to the east of B Street. This Plan also ensures compliance with the FESA and as such incorporates guidance from USFWS (2007, 2022) and letters cited above, as well as Ryan et al. (2017b). In addressing Critical Habitat Unit 48 and the area east of the Critical Habitat on the Balboa Peninsula used by the wintering population of the WSP this Plan provides a template for future site -specific plans for other WSP wintering sites in the City. It is important to note that conditions vary among the various areas used by wintering WSP and that a generic "one -size -fits -all" plan is not appropriate for all WSP wintering areas in the City. The goal of this Plan is to provide management actions that will ensure the ongoing protection of existing biological resources within Critical Habitat Unit 48 (and areas to the east), while also setting forth the management and operational activities to be implemented for other areas within the City used by wintering WSP. As appropriate, this Plan incorporates comments and suggestions by public interest groups (e.g., Orange County Chapter of the California Native Plant Society (CNPS)), and agencies such as the California Coastal Commission and USFWS. More importantly, this plan has been informed by early data collection as part of a CSUF graduate project and associated monitoring and observations by GLA biologists. These early data collection and observations also have informed specific data needs that will need to be developed to implement the adaptive management components, which are also set forth below. Specifically, Sections 5 and 6 detail the proposed actions and management practices within an Adaptive Management framework, detailed in Section 4 to achieve the following objectives: 1. Protect, maintain, enhance and/or restore designated environmentally sensitive coastal dune habitat between B Street and G Street, include preparation of a DHRP (Appendix F; 2. Enhance conditions within the Critical Habitat Unit 48 and east of the Critical Habitat Unit that could provide for potential nesting of the WSP, which would also require that predator 21 Western Snowy Plover Habitat Management Plan populations are discouraged/managed and measures are implemented to minimize and ultimately limit impacts from un-leashed dogs; 3. Monitor the WSP population in conjunction with human activities that result in stressors for the WSP on the Balboa Peninsula within the guidelines of the WSP recovery plan to augment ongoing "Window Surveys"; 4. Establish a consistent and unified set of activities and associated behaviors for beach operations to reduce disturbances in Critical Habitat Unit 48 and beach and dune areas east of the Critical Habit to the Wedge; 5. Maintain access to recreation and resources while improving compliance with existing regulations, such as the City's leash laws; 6. Establish an effective suite of visual Indicators/barriers to clearly identify boundaries that define and create an awareness of the Critical Habitat Unit 48 area and areas east of the Critical Habit to the Wedge, including permanent low -profile fencing along the walkways associated with C, D, and F streets, temporary seasonal fencing and symbolic fencing during the wintering period to ensure protection of wintering WSP; 7. Develop a program that instills greater public awareness, education and need for compliance with existing laws and codes through diverse and effective signage adjacent to and within Critical Habitat Unit 48 and proposed ACA near the Wedge; 8. Generate awareness of importance and sensitivity of the WSP wintering population to the public through a diverse approach adjacent to and within Critical Habitat Unit 48 and proposed ACA near the Wedge; and 9. Develop a Dune Habitat Restoration Plan (DHRP) that would include removal of the E Street concrete walkway as part of a larger dune restoration effort within Critical Habitat Unit 48. 4.1 Adaptive Management To ensure that the goals of the Plan are achieved, an "Adaptive Management" approach will be implemented for the Critical Habitat area and the proposed ACA between the Critical Habitat Area and the Wedge. Implementation of an Adaptive Management approach will require that the City develop a dataset to make management decisions in response to specific stressors identified during data collection. As noted above, data collection was initiated at the beginning of November 2019 by a graduate student in the CSUF Graduate Environmental Studies Program that includes such activities (i.e., potential stressors) as occurrences of walking, jogging, dog walking (leashed and unleashed), vehicles, etc., as well as the numbers and locations of WSP during each monitoring visit. 22 Western Snowy Plover Habitat Management Plan This version of the Plan outlines the starting point for management actions, which are set forth below, which have been designed/developed to achieve the above -referenced goals. Where the data show that certain management activities are not providing necessary protection for WSP, then modifications to the management actions would be made. For example, if it is determined that the educational outreach and associated signage is not preventing beachgoers or dogs from entering the dunes, then additional measures as determined appropriate would be implemented. As noted, data collection will be critical as appropriate management decisions can only be made where there is adequate information to inform the decision makers. The importance of data collection has become even more important in the light of the early data collection associated with the CSUF graduate project and observations by GLA. Review of data would include a WSP Technical Working Group Pilot Program ("WSPTWGPP") discussed in detail in Section 5.3.3 below. As such, data collection will be a focus of the Plan and will incorporate a diversity of sources, including both existing/ongoing and new efforts that would include: • Awareness by the dog -walking beach uses of the WSP roosting areas on the peninsula and associated threat posed by unleashed dogs, and • Awareness of beach users regarding the sensitivity of the coastal dune habitat. 5 CONSERVATION MEASURES 5.1 Education and Outreach Objective]: Develop a program that instills greater public awareness, education and need for compliance with existing laws and codes through diverse and effective signage adjacent to and within Critical Habitat Unit 48, and Avian Conservation Area. Objective 2: Generate awareness of importance and sensitivity of the WSP wintering population to the public through a diverse approach adjacent to and within Critical Habitat Unit 48 and Avian Conservation Area. Education and awareness are essential to the conservation and recovery of WSP at Balboa Peninsula. Interviews with dog owners with unleashed dogs on the beach indicate an overall lack of awareness of the presence of WSP and its status as a federally listed species, the presence and location of potential winter roosting sites on the peninsula, the sensitivity of the roosting sites, and the potential threat posed by unleashed dogs. Increased awareness will be critical to ensure the protection of the WSP roosting sites. Thus, education is the critical first step in the adaptive management program and is expected to lead to greater acceptance and compliance with management measures. Increased awareness is also expected to inspire advocates and volunteers to assist with monitoring and habitat restoration. The City will provide the public with the 23 Western Snowy Plover Habitat Management Plan necessary information to develop an understanding and appreciation for the WSP population, habitat, and natural resources present at Balboa Peninsula. 5.1.1 Educational Materials The Recreation and Senior Services Department will continue to develop educational materials in cooperation with a pilot educational program that will be implemented through a cooperative Orange County Coastkeeper ("OC Coastkeeper") to support the City's overall management plan. Material may include flyers, posters, brochures, monitoring reports, or correspondence. Material will highlight the WSP, the Critical Habitat area designation, best management practices, regulations and protection efforts. 5.1.2 Education and Outreach Opportunities The City's WSP outreach and education strategy will focus Balboa Peninsula residents, with a focus on residents who regularly walk dogs on the beach, beachgoing visitor populations, and youth, however dissemination will also target the general -public. The key to increased public understanding and awareness will include adoption of a variety of communication techniques and methods of distribution. To this end, OC Coastkeeper proposes a pilot program that would include an educational community outreach program that would provide a booth run by Coastkeeper staff and trained volunteer docents. At the booth, the public could speak with knowledgeable docents, obtain an informational brochure on the Western Snowy Plover (and California Least Tern), and learn how to protect the birds while in the area. The booth will also provide fliers with a map and rules for the specific locale and doggie bags for dog owners. The booth will be active two days each week on alternating days and locations to reach as many beachgoers as possible. An additional platform for educational efforts to the public will be through the City's website and social media platforms. Materials may also be distributed to the public through mail and email, as well as the Newport Mesa Unified School District to reach school age children. The City may also consider other techniques such as videos, programming, presentations, and news releases for outreach. Information about WSP conservation efforts will also be shared through the City Manager's Newsletter and email to improve interdepartmental outreach efforts. Signage at points of access will remain a critical tool in educating the public regarding stewardship of the WSP roost sites. As an example of expanded educational efforts, the City will establish a program for the Junior Lifeguard Program that would entail presentations by a City naturalist (or other knowledgeable staff, such as OC Coastkeeper) for the Junior Lifeguards. This is noteworthy because the Junior Lifeguard program has approximately 1400 participants ranging from 9-15 years old, annually. 24 Western Snowy Plover Habitat Management Plan As a component of the Adaptive Management Program, the City will conduct four public meetings in conjunction with quarterly posting of the OC Coastkeeper pilot study monitoring results in the first year following approval of this Plan, with the first meeting to occur six months after initiation of the OC Coastkeeper pilot study. Noticing would be through the platforms noted above, that would include direct mailings to Balboa Peninsula residents. The meetings would focus on the WSP wintering population, management actions to protect the roosts and the potential threats posed by unleased dogs and/or leashed dogs in proximity to occupied roost sites. 5.1.4 Community Partners Cooperation between the City and researchers interest groups (particularly OC Coastkeeper), and private individuals can increase effectiveness of outreach efforts and provide expertise and financial resources money for conservation efforts. The City may seek out additional partnerships to achieve the plans of the objective. The City also encourages educational and outreach efforts through the mission and objectives of local organizations and individual advocates. 5.1.5 Recreation and Youth Services Activities to educate youth participants on the Western Snowy Plover will be incorporated into the following City run programs: • The Fostering interest in Nature (FiiN) program is a four day, three -night science camp that explores Newport Back Bay and surrounding ecosystems and serves up to 400 Title 1 students from Orange County • Active Kids After School program at Mariners Elementary School, Newport Elementary School and Community Youth Center serves up to 450 kids during the school year from Newport Mesa Unified School District • Summer Day Camp program at Newport Elementary School/15th Street Beach and Community Youth Center/Corona del Mar State Beach serves up to 1,200 kids during the summertime. • Preschool 101 program at Mariners Park and Newport Coast Community center serves 100 preschool age kids during the school year. • Pint Size Campers summer camp at Newport Coast Elementary serves up to 130 preschool age kids during the summer The City's Mayor's Youth Council engages 15 high school students each year to increase awareness and civic mindedness on local issues and will include protection efforts on the Western Snowy Plover as one of the monthly, open forum topics. The City can also provide information of the WSP at special events geared for youth (aggregate attendance of up to 5,000). These are City events that recreation puts on where they have a booth with informational materials about park programs. 25 Western Snowy Plover Habitat Management Plan 5.1.6 Prepare WSP Public Education Plan The City will prepare a "WSP Public Education Plan" that will include the educational materials proposed for use in educating the public regarding the WSP, Critical Habitat Unit 48, City codes and regulations, and a particular focus on dogs and leash laws. The WSP Public Education Plan will include goals and specific requirements for outreach including measurable performance standards, as set forth in the section below. 5.2 Adaptive Management Implementation 5.2.1 Adaptive Management and Monitoring To establish the efficacy of the broad -based educational program as set forth in the Public Education Plan, the City will retain the services of OC Coastkeeper's to implement a comprehensive monitoring program to determine the efficacy of the program. Monitoring reports will be posted publicly on a quarterly basis with an annual report provided summarizing the monitoring data to date. The monitoring will consist of all human activities, including beach recreation, lifeguard and beach maintenance activity, dogs on and off leash and bird presence. Monitoring will occur seven days a week on a random schedule. All monitors will undergo classroom and field training before conducting surveys that are consistent with the window survey methodology prescribed in this plan (Section 5.4.1: Wintering and Nesting Window Surveys). A minimum of 200 surveys will be completed annually in addition to the OC Coastkeeper efforts, a graduate student from California State University Fullerton, as part of a Master's graduate project, has developed a questionnaire for determining the extent of public awareness regarding the WSP and associated stressors and will be implementing her study has been completed. Dog walkers observed during weekly monitoring will be interviewed to determine level of awareness regarding the WSP roosting sites, sensitive nature of the roosting sites, and the threats posed by unleashed dogs. Specific performance standards and adaptive management "triggers" are discussed below in the discussion of performance standards. Objective 3: Protect, maintain, and restore designated environmentally sensitive coastal dune habitat and WSP Winter Roosts between B Street and the Wedge 5.2.2 Install Temporary Seasonal Fencing Exhibit 6 depicts the locations where wintering WSPs have roosted between 2015 and 2019 within the Critical Habitat Unit 48 area and areas east of the Critical Habit to the Wedge between 2012 and 2019. Following approval of this plan. temporary seasonal fencing would be installed during the first wintering period, beginning October 1 to ensure protection of wintering WSP. Exhibit 6 depicts areas where temporary seasonal fencing would be installed to protect the winter roost locations. As depicted on Exhibit 6, winter roost locations occur in roughly the same areas with 26 Western Snowy Plover Habitat Management Plan variation not only from year to year but variations from day to day and even hour to hour based on monitoring results during 2019, 2020, and 2022. GLA has observed the winter roosting WSP move between roost sites in the Critical Habitat and the and areas east of the Critical Habit to the Wedge. Exhibit 6 depicts alternative fencing locations. Concept 1 provides a concept for a complete enclosure of the WSP, based on historic locations, but which would be subject to seasonal modifications where WSP returning for the wintering season congregate in a different location. As depicted, Concept 1 includes a narrow corridor for lifeguard vehicles and beachgoers moving from east to west and west to east. Concept 2 provides "staggered" fencing that would allow for movement of beachgoers and vehicles and would ensure that both are fully aware of the potential presence of WSP roosting sites due to location of the temporary seasonal fencing that will include signage. Advantages and disadvantages for each of the concepts are addressed below; however, in considering the alternative concepts it is important to note that the WSP often use the depressions made by the vehicles that traverse the beach as well as footprints made by walkers and joggers. The depressions provide shelter for the WSP from the wind and thus, installation of temporary fencing must account for this behavior as discussed below under Concepts 1 and 2. Concept 1 provides temporary seasonal fencing that would enclose the winter roost sites, thereby preventing human or canine intrusion into areas occupied by WSP. The advantage of this concept is that it would exhibit the highest potential for preventing direct human or canine intrusion into roost sites. This disadvantage is that it would result in a very narrow travel corridor for beachgoers and vehicles and more importantly, it would be the prevent ongoing creation of new tire ruts and footprints in the fenced area while creating such features outside the fenced area that could attract WSP, which would then be encouraged to move outside of the enclosed roost areas to the narrow unprotected sites. Such narrow sites would be subject to concentrated vehicle and beachgoer traffic within areas occupied by WSP, which could increase the potential for harm. Under this scenario, remediation would consist of regular shifting of the temporary fencing during the winter season to coincide with shifts in the roosting area, which itself exhibits potential for disturbing the WSP. Concept 2 would incorporate staggered fencing, perpendicular to the water line east and west of the Critical Habitat Unit 48 area and of the ACA near the Wedge. The staggered fencing would include signage warning beachgoers of the presence of WSP roosts and would direct beachgoers to maintain maximum distance from roosting WSP. This concept would allow for continued creation of tire ruts and footprints for use by WSP but would also require careful monitoring by vehicle operators to ensure that WSP are avoided or are allowed to move out of the path of vehicles, which is also the case for Concept 1. 27 Western Snowy Plover Habitat Management Plan 5.2.3 Adaptive Management Because of the disadvantages of Concept 1 and advantages of Concept 2, the Plan will implement Concept 2 — Staggered Seasonal Fencing, as depicted in concept on Exhibit 6 and 6a which would be installed and in place at the beginning of the first wintering season, which for purposes of this Plan is defined as October 1. Weekly monitoring would be implemented within the first week of October and be conducted through the wintering period, which for purposes of this plan is defined as March 31. Monitoring will record all activities that represent potential WSP stressors including walking, jogging, dogs on leash, dogs off leash and vehicles. Monitoring would also include the number of the above categories of beach users that pass through the staggered fencing and those who avoid staggered fence which would inform the need to adjust locations or add additional fencing and associated signage. 5.2.4 Restoration Restoration of areas of degraded coastal dune habitat is potentially important for reestablishing high -quality habitat coastal sand dune habitat which could also be suitable WSP wintering habitat. The primary efforts necessary for coastal sand dune restoration in Critical Habitat Unit 48 will be removal of non-native and invasive vegetation with reestablishment of coastal sand dune species native to the Newport Beach ecosystem. As noted above, such an effort would be focused on the areas between the dunes and the boardwalk and would include areas of fig marigold (ice plant) and small pockets of ornamental vegetation immediately adjacent to the boardwalk as depicted on Exhibit 9. Areas of dune habitat between G Street and the Wedge include areas of undisturbed dune habitat supporting only native vegetation mixed with areas of dune that supports areas of non-native fig marigold which exhibits low densities ranging from an estimated ten -percent cover to approximately 40-percent cover in the areas with highest density. Native vegetation occurs throughout these areas. As detailed in the DHRP prepared for the project restoration efforts will be conducted in compliance with all applicable federal, state and local polices and regulations, including a Coastal Development Permit as applicable. Restoration implementation would focus on a variety of measures to minimize impacts to the WSP and the existing habitat (USFWS 2007a). Restoration will emphasize protecting existing native species, establishing buffers between native and non-native species and minimizing dune grading and sand movement. The implementation schedule will avoid planting during the WSP nesting season and prevent excessive disturbance to wintering WSP. Appropriate buffers will be established between work areas and documented nests, if necessary. Restoration efforts will also be incorporated into signage to educate beach visitors. Removal of non-native species may be initiated concurrently with restoration activities and will focus on reducing the density of non-native species to allow for expansion of existing 28 Western Snowy Plover Habitat Management Plan native dune vegetation along with reestablishment of natives through use of seed and/or container stock. Non-native species will be removed manually or in some instances will be sprayed and allowed to decompose to provide protection from blowing sand. The target invasive species in the critical habitat area will include crystalline ice plant (Mesembryanthemum crystallinum), fig marigold (Carpobrotus edulis) sea rocket (Cakile maritima), and buttercup oxalis (Oxalis pes-caprae). The proposed native plant palette for future dune restoration in the Critical Habitat Unit 48 includes species native to Newport Beach dune habitat and include Beach burweed (Ambrosia chamissonis), Beach sand verbena (Abronia umbellata), beach evening primrose (Camissoniopsis cheiranthifolia), coast woolly heads (Nemacaulis dendudata var. dendudata), beach cryptantha (Cyyptantha leiocarpa), and beach morning glory Calystegia soldanella). This native pallet is consistent with the recommendations of CNPS based on the Masters' Project of Josh Weinik from California State University Fullerton (Weinik, 2015).12 As a component of the DHRP, the E Street concrete walkway will be removed by the City, as the City has determined that an after -the -fact CDP would not be sought for this walkway. The DHRP includes the methods for removing the concrete, including types of equipment, disposal sites for the concrete removed, and measures implemented to ensure protection of the adjacent dune habitat during removal efforts along with restoration of the area following concrete removal. 5.2.5 Dune Habitat Maintenance City staff will evaluate/monitor conditions within areas subject to vegetation reestablishment as set forth in the DHRP and implement appropriate maintenance efforts on a year-to-year basis based on site inspections as provided in the DHRP following initial vegetation reestablishment. As set forth in the DHRP, maintenance activities may include continued removal of invasive species, watering of container stock during the establishment period and for up to two years following establishment, installation of additional and/or replacement plants, erosion control and sand stabilization measures. Ongoing habitat maintenance will eliminate invasive species by manually removing non-native plants within the areas subject to vegetation reestablishment. In general, areas that have been restored as described in the DHRP and in which the non-native species have been removed will show recruitment by native dune species, provided that the non -natives are controlled and there is limited soil disturbance during the non-native species removal activities. 12 Josh Brett Weinik. Fall 2015. A Comparative Study on the Vegetation of Western Snowy Plover Habitat within Urban and Natural Coastal Dune Systems of Southern California. A Project Present to the Faculty of Calfiomia State University, Fullerton. 29 Western Snowy Plover Habitat Management Plan 5.3 Predator Management Objective 4: Enhance conditions within Critical Habitat Unit 48 and east of the Critical Habitat to reduce predator presence in beach and dune habitat Potential predators of WSP identified within the Project Area include native and non-native predator species. The structural changes to the Peninsula associated with urbanization and human uses include an increase in perch availability for avian predators such as hawks, falcons, corvids; an increase in non-native species such as rats and cats. The last documented nesting attempt on the Balboa Peninsula occurred in 2013 with successful nesting occurring in 2008 and 2009. Successful implementation of this Plan would result in protection of the wintering WSP while enhancing the beach and dune habitat used by the WSP. Predators primarily prey on WSP nests and chicks. The WSP habitat on the Balboa Peninsula is primarily a wintering habitat and nesting has not occurred since 2013. However, conservation measures (Section 5) and operation and recreation management (Section 6) will support predator management strategies and contribute to minimizing predation threats to the WSP should nesting occur. As noted, Corvids are unlikely to prey on adult plovers; nevertheless, implementation of the proposed measures also would reduce or eliminate other species which could harm plovers during the wintering period. 5.3.1 Non -Lethal Control Measures An efficient method of non -lethal control is litter control. Controlling litter on the beaches reduces the presence of potential predators, including covered trash containers. Municipal Operations Department beach operations schedule (Section 6.1.2) outlines best management practices to effectively manage trash on the beach. Expansion of native coastal dune vegetation as well as limiting removal of driftwood and wrack deposited during high tides and storms also provide shelter for WSP from airborne predators such as hawks and falcons during the wintering season and from crows and gulls during the breeding season. 5.3.2 Control Measures When Nests are Present Nest success appears to rely on various environmental factors, as well as effective recreation and predator management. Nest success is supported by lethal and non -lethal predator management combined with effective use of exclosures (use of exclosures would be coordinated with USFWS prior to use as discussed below). People recreating in or near a nesting area have the potential to impact nest success. This may occur when beachgoers move to close to nest sites, as well as from illegal fireworks, off -leash dogs and beachgoers flying kites. Environmental factors can affect the suitability of a site for nesting where non-native vegetation encroaches into an otherwise suitable 30 Western Snowy Plover Habitat Management Plan nesting area. Vegetation that is not native to the coastal dunes can provide cover for predators causing direct impacts on nesting success. When nests are observed in designated sensitive habitat areas, an exclusion cage may be required. A qualified biologist who holds a recovery permit for this activity with respect to WSP must install the exclusion cage. Exclosures allow passage of adult snowy plovers but exclude larger predators from gaining access to nests. It should be noted, however, that an exclosure can increase the predation on adult plovers, thus careful consideration of the site characteristics must be implemented, and a qualified biologist will need to consult with the USFWS. For example, at Bandon State Natural Area (Oregon Parks and Recreation Department 2012), nest success of exclosed nests was much higher than for non- exclosed nests. However, when nest success of non-exclosed nests is within the expected range, using the exclosure may not increase the overall productivity of WSP. 5.4 WSP Monitoring Objective 5: Monitor the WSP population on Balboa Peninsula within the guidelines of the WSP recovery plan As discussed above, there are a variety of data sources that describe the WSP population within the Critical Habitat Unit as well as the ACA to the east and in general, the data report a consistent picture of the wintering WSP population. Nevertheless, to ensure that the Adaptive Management Program has sufficient information on which to base management decisions, the City will be seeking to expand the data base and collect additional data that addresses WSP-human interactions such that potentially negative interactions could be eliminated. OC Coastkeeper will be implementing a pilot monitoring and educational program in cooperation with the City and is proposed to start within three months of issuance of the Coastal Development Permit. Population monitoring of WSP would include wintering WSP that would record number of individuals and primary use areas as this information would inform adaptive management decisions with regard to wintering WSP. Monitoring would also include documentation any observed nesting behaviors that would trigger site -specific management actions for the Critical Habitat Areas and/or areas east of the Critical Habitat. Monitoring data regarding WSP wintering individuals and locations would be collected and correlated with other information (e.g., animal enforcement contacts, citations issued, and most importantly, the education program) to determine whether the initial adaptive management measures set forth in Section 6 below require modification. As already noted, activities that represent potential stressors would also be recorded during weekly monitoring. 5.4.1 Wintering and Nesting Window Surveys 31 Western Snowy Plover Habitat Management Plan One source of population data will be collected during two, range wide "window surveys," conducted annually by USFWS. The purpose of a window survey is to obtain an estimate of the number of wintering and nesting snowy plovers within a longitudinal study that includes collection of banding information. The nesting season window survey occur between late May and mid -June and the wintering season window survey will take place between December 1 and January 31. A repository for survey data has been established by the USFWS for the entire WSP Population. Access to the window survey data will be provided on the City website. The current survey protocol and standard field survey form for the nesting season window survey are outlined in the WSPRP: Monitoring Guidelines. 5.4.2 WSP Population Monitoring Year-round monitoring of the Balboa Peninsula would also occur between Balboa Pier and the Wedge by the "WSP Partners", specifically, OC Coastkeeper or other suitable groups or organizations to document WSP use. Support of such local organizations will be established to expand monitoring efforts on the City's behalf. Monitoring protocols and the field survey form would be developed, drawing upon expanding the methodology as prescribed by the WSP Recovery Plan (Appendix E). Collaboration with other agencies, such as USFWS, may provide additional data on the WSP Balboa Peninsula population to inform the City's adaptive management efforts. The City recognizes the need for establishing a reliable, consistent and robust data set that will be needed to inform adaptive management decisions. To ensure that robust data is obtained, the City will prepare a WSP Monitoring Plan that will include qualification of monitors, methods of monitoring including frequency and duration, data collection, and reporting requirements. The WSP Monitoring Plan would be submitted to USFWS for approval prior to implementation. 5.4.3 WSP Technical Working Group Pilot Program To effectively implement that Adaptive Management program for the wintering WSP associated with Critical Habitat Unit 48 and proposed ACA to the east, the City will establish a WSP Technical Working Group Pilot Program ("WSPTWGPP") that would meet quarterly to review the WSP data in conjunction with other data and information provided by the City regarding the various activities (e.g., animal control, dune restoration, etc.) as well as data that informs the Adaptive Management Program. The WSPTWGPP would initially be convened for a three-year period at which time, the program would be subject to refinements as determined appropriate during the initial three-year pilot period. The Working Group would include representatives from the City Departments who operate or participate in beach management. The effort would be led by the Natural Resources Supervisor from the Recreation and Senior Services Department. The Working Group would also include two residents living in the area, USFWS, and a representative from OC Coastkeeper. The California Department of Fish and Wildlife (CDFW) and Coastal 32 Western Snowy Plover Habitat Management Plan Commission staff would also be invited to serve on the working group but their participation would not be required if they are unable to participate The Working Group would be responsible for making management recommendations regarding implementation of the adaptive management measures in response to the monitoring data and ongoing management actions. Upon completion of the three-year pilot program, the WSP Technical Working Group would re- evaluate the effectiveness of the plan and either recommend changes or the continuation of management efforts proven to be effective. It is also envisioned by the City that the WSP Technical Working Group would review and recommend management efforts of the WSP in other areas of the City as subsequent site -specific plans are prepared for other areas in the City used by wintering WSP. 6 BEACH OPERATION AND RECREATION MANAGEMENT 6.1 Non -Recreational Operations Objective 6: Establish a consistent and unified set of activities and associated behaviors for beach operations to reduce disturbances in the Project Area, including Critical Habitat Unit 48 and beach and dune areas east of the Critical Habit to the Wedge The City of Newport Beach provides thorough, efficient and effective services for residents and visitors to the City's beaches. City Departments that coordinate and execute beach -related operations and services within Critical Habitat Unit 48 will expand interdepartmental communication and coordination and adapt best management practices to reduce disturbances and minimize potential take of the WSP. The City notes the comment by Ryan (2017) that "This roost had the highest numbers of speeding vehicles in 2015-16, a City of Newport Fire Department vehicle was observed in September and two City of Newport trucks in October". It is the City's goal to ensure protection of WSP while still ensuring the public's safety. Thus, management practices will be conducted within an Adaptive Management Framework and would incorporate the Beach Ecology Coalition recommendation for "Basic Beach Driving"13 For all pertinent City departments. The Adaptive Management framework begins with a suite of measures targeted to protect wintering WSP as well as nesting WSP should such occur. The Adaptive Management framework also includes additional conservation actions and/or measures that would be implemented should it be determined that certain actions or measures are not adequate based on monitoring data or other site -specific data presented to the City. 13 www.BeachEcologyCoaIition.org 33 Western Snowy Plover Habitat Management Plan 6.1.1 Marine Operations Division Under the Marine Operations Division, Newport Beach Lifeguards will continue to engage in and prioritize lifesaving services, prevention and preparedness and provide a safe, effective and expeditious response to requests for assistance. All Lifeguard personnel that operate a motorized vehicle that may travel through the Project Area will receive an annual training to increase awareness of the WSP and reinforce best management practices while exercising responsibilities within areas occupied by WSP. Lifeguard personnel shall travel through the critical habitat area with vehicles during essential trips only and take non -essential trips along surface streets when possible. During the wintering period of the WSP, lifeguard vehicles shall travel on or within close -proximity to the wet sand, when possible, to reduce the potential of striking a WSP. Lifeguard vehicles shall refrain from driving on the coastal dune habitat, as noted above, except for emergency purposes. When responding to emergencies, lifeguard's vehicles will respond with lights. When traveling through the Project Area, vehicle operators should be mindful of WSP activity, limit speed to no more than 5 MPH, and when possible, safely alter routes to avoid flushing or incidental harm. All lifeguard vehicles will be equipped with a list of best management practices that would implement snowy WSP protection in the Project Area [Exhibit 10]. Finally, Basic Lifeguard academy for new lifeguards will include information about the Western Snowy Plover (WSP) Habitat Management Plan. Lifeguards will include information about the WSP Habitat plan in our training for Lifeguard Certification and Recertification classes for our new and returning vehicle operators. Lifeguards will continue to monitor the beach area for dogs off leash or on the beach during the restricted hours of 10 am to 4:30 pm, where they provide important protection for areas occupied by the WSP.14 6.1.2 Municipal Operations Division Municipal Operations Division (MOD) staff and contracted service providers perform most beach maintenance and cleaning related services. City staff will receive annual training to increase awareness of the WSP and to reinforce best management practices. These BMPs will also be communicated and reinforced with contracted maintenance staff. City staff and contractors will be provided a map of the Project Area [Exhibit 111. It is important to note that MOD staff have been and continue to be engaged in WSP protection and attend a variety of environmental seminars that address a wide range of environmental issues. For example, MOD staff regularly attend meetings of the Beach Ecology Coalition, which has the mission: "To enhance ecosystem conservation and beach management to balance natural resource protection and recreational use." 14 In 2018, The Newport Beach Lifeguards made 124 animal warnings and 64 Code enforcement contacts in the WSP habitat areas between B Street and G Street. 34 Western Snowy Plover Habitat Management Plan Tables 2 summarizes best management practices for the Project Area to mitigate the potential to attract predators, reduce vehicular traffic during the WSP wintering season and eliminate destruction and degradation of coastal dune habitat. Vehicular traffic traveling through the Critical Habitat area and the area east of the Critical Habitat will be extremely limited [Exhibit 11]. If traveling through the Critical Habitat area, vehicle operators shall be mindful of WSP activity, limit speed to no more than 5 MPH, and when possible, safely alter routes to avoid flushing or incidental harm. It may also be necessary to have additional staff walk in front of vehicles within areas occupied by wintering WSP including with the Project Area, if determined appropriated as part of the Adaptive Management program. No vehicles are authorized to drive on or through coastal dunes or dune vegetation. No trash trucks will be allowed to drive within Critical Habitat Unit 48. Where feasible, trash containers will be manually retrieved. During the winter months, trash container pickup will be limited to only two days per week and will be performed manually. Trash collection in the summer months will be five times a week because of high visitor numbers and to ensure that trash does not accumulate on the beach as an attractant to potential predators of the WSP. Litter in the Critical Habitat area will be collected manually along the wrack line and throughout the coastal dune plants seven days a week in the summer and two days a week, or as needed, in the winter. Beach cleaning equipment will not be utilized and wrack will remain along the shoreline in the Critical Habitat area, which is also a benefit to grunion, to the extent that they breed on the peninsula and is consistent with grunion grooming protocols.15 Table 3 summarizes best management practices in the area east of the Critical Habitat, from G Street to the Wedge. Maintenance within the Project Area may occur on the boardwalks, pathways and hardscape, when necessary, but will be limited to those areas. In extenuating scenarios where health, safety and protection from loss of life and of property is necessary and work is unavoidable in the Project Area, (e.g. berm construction to prevent flooding, berm removal, sand grooming, sand removal), the area will be surveyed for WSP and measures will be incorporated to reduce disruption of WSP roosting and foraging. City staff will assist with coordination to reduce potential for disturbance and avoid degradation and destruction of coastal dune habitat. In the event that WSP nesting occurs in the Project Area, the beach service schedule can be modified to minimize disturbances and continued until fledging occurs. Exclosures may be used as described in Section 5.2.2. 15 (h!W:// rug nion.pepperdine.edu/beachecologycoalition/bmp.htm 35 Western Snowy Plover Habitat Management Plan As noted in Tables 2 and 3, beach wrack will not be removed from the Critical Habitat and will only be removed, with monitoring during summer from areas between G Street and the Wedge. As explained on a University of California Santa Barbara website, Beach wrack ("Wrack') is the term for seaweed, surfgrass, driftwood, and other organic materials produced by coastal ecosystems that wash ashore on the beach. In Southern California, giant kelp is an important component of wrack. Coastal storm waves tear giant kelp off the rocky seafloor and wash it ashore where it fuels the beach food web. Piles of slippery wrack are delicious buffets and key food resources for many creatures that live on the beach. Wrack provides food and shelter for a variety of beach inhabitants. Recently, biologists found that about 40% of the invertebrate species living on sandy beaches depend on wrack. Common wrack -dependent species include sand -dwelling invertebrates, such as beach hoppers, roly polies, kelp flies, and predatory rove beetles. These little creatures are also food for a variety of birds including shorebirds, flycatchers, sparrows and pipits. Many shorebirds feast on the abundant invertebrate animals associated with kelp wrack, including snowy plovers, black -bellied plovers, sanderlings, marbled godwits, whimbrels, and willets.16 16 h!W:Hexplorebeaches.msi.ucsb.edu/sandy-beach-life/wrack-communitX. 36 Western Snowy Plover Habitat Management Plan Table 2 Critical Habitat Area MOD Beach Services Schedule Summer Winter Trash pickup Five days per week Two Days per week Beach cleaning (equipment)* None None Beach cleaning (hand pick) Seven days a week Two days per week or as needed Wrack removal* None None Berm construction Limited to emergencies** Limited to emergencies * Beach cleaning and wrack removal may be necessary periodically (once or twice per summer months) to maintain the historic recreational uses between B and C streets. If wrack removal is necessary between B and C Street, it will be done manually, and wrack will be moved to the CH between C and D street, any maintenance efforts in this area will avoid the dune vegetation and be done with appropriate monitoring. ** Berm Construction is limited to the beach access walkways and at the B Street Parking lot as the existing dunes provide sufficient protection in other areas. Access points would normally be at B Street, F Street or the Wedge. At no time would the equipment impact the adjacent dune habitat. Table 3. G Street to the Wedge MOD Beach Services Schedule Trash pickup (mechanized on designated route only) Summer Five days per week Winter Two Days per week Beach cleaning (equipment)*** Monthly with monitoring Monthly with monitoring Beach cleaning (hand pick) Seven days a week Two days per week or as needed Wrack removal Limited with monitoring Limited to emergencies Berm construction Limited with monitoring**** I Limited to emergencies *** Beach cleaning would be limited to areas above the wrack line as identified by the biological monitor. **** Berm Construction is limited to the beach access walkways and at the B Street Parking lot as the existing dunes provide sufficient protection in other areas. Access points would normally be at B Street, F Street or the Wedge. At no time would the equipment impact the adjacent dune habitat. 6.1.3 Public Works Department To date, there are no capital improvement projects scheduled by Public Works Department within the WSP habitat areas including both Critical Habitat Unit 48 and the area east of the Critical Habitat. Future project planning for improvements and/or additions to sidewalks, boardwalks or other beach infrastructure on the Balboa Peninsula will identify the Critical Habitat area. In addition, project planning should consider subsequent impacts to habitat and WSP. Buffers may 37 Western Snowy Plover Habitat Management Plan be required to protect areas used by WSP within the Critical Habitat area and areas east of the Critical Habitat Area. 6.2 Recreational Activities Objective 7: Maintain access to recreation and resources while improving compliance with existing regulations, such as the City's leash laws, As noted, it is a goal of this Plan to ensure protection of the WSP while also maintaining access to recreation in conjunction with beach and marine resources while enhancing adherence to existing regulations. 6.2.1 Public Access In accordance with the Coastal Act, Section 30001.5, the City of Newport Beach will continue to "maximize public access to and along the coast and maximize public recreational opportunities" ... "consistent with sound resources conservation principles and constitutionally protected rights of private property owners." Public accessibility to the beach will remain open, however passive uses that are consistent with WSP conservation will be encouraged within CH Unit 48 and the ACA to the east of the CH unit. Any means of delineation for designating or protecting the habitat shall not impede public access to and along the coast. Through the educational efforts set forth in Section 5 above, the City will discourage pedestrian traffic on the upper beach habitat within the CH Unit 48 and ACAs to maintain habitat value for WSP, but will encourage passive beach recreation activities in these areas to utilize areas below the mean high tide line. No new recreational amenities will be placed within the Critical Habitat or the ACA. The volleyball court within the Critical Habitat area between F Street and G Street will be removed and the court located between C Street and D Street will also be removed. To minimize beach activities that could disturb WSP in the Critical Habitat area, special event applications requesting permitted use of areas within the boundaries of the Critical Habitat area will not be allowed in the Critical Habitat or ACA. Unpermitted special events observed within the Critical Habitat area will be ordered to cease and subject to potential citation. Newport Beach Police Department will continue to take enforceable actions for violations related to conduct (NBMC 11.04.110), obstruction (NMBC 11.08.010) and prohibited hours (NBMC 11.08.030). No new restrictions or municipal codes regarding public access or public recreational opportunities are needed at this time. 38 Western Snowy Plover Habitat Management Plan 6.2.2 Dogs The City has demonstrated commitment to provision of protection for WSP from dogs that are off leash or that are present in the Critical Habitat area and ACA between G Street and the Wedge, during prohibited hours through warnings and citations. As described above, interviews with owners of unleashed dogs, indicates a significant lack of awareness regarding the WSP wintering roost areas on the Balboa Peninsula and the threat that unleased dogs pose to WSP. Therefore. as outlined in Section 5 above, education will be the first component of the Adaptive Management Program as education of residents will be critical in limiting and ultimately eliminating unleashed dogs from the Critical Habitat and ACA areas. To this end, the City will prepare a WSP Public Education Plan. In conjunction with the education efforts, the City will be increasing the enforcement to expand this protection. Newport Beach Animal Control Division will continue to provide a presence and enforce leash laws and prohibited hours. Lifeguards will issue warnings and can issue citations as well. The patrol schedule will continue to vary in times of the day and during the week. Increased visits within routine patrol to the designated sensitive habitat areas will include early morning and evenings. This aligns with hours dogs are permitted to be on the beach and more likely to be off -leash. Patrol efforts may also be focused during peak visitation times including weekends, holidays and the summer season. Additional signage, education and outreach efforts regarding City codes related to dogs on the beach will be emphasized within the surrounding Balboa Peninsula environs. As part of the Adaptive Management approach, if the data indicate that compliance with leash laws is not occurring, then fines could be increased for non-compliance. If non-compliance continues, additional measures could be implemented such as expanded signage, modifications to temporary seasonal fencing, and expanded educational efforts, and/or increased patrols. In order to document Animal Control and Lifeguard enforcement, each citation or other enforcement action will be documented and will be included in annual reports included as an appendix to the WSP Monitoring Reports to allow for year-to-year comparison of the efficacy of the enforcement program in the light of the WSP Public Education Plan that would provide trends in enforcement that could be correlated with decreased off -leash dogs within Critical Habitat Until 48 and the ACA near the Wedge. In addition, signage, temporary seasonal fencing, permanent low -profile fencing along the C, D and F Street walkways, and other visual indicators that delineate sensitive areas (Section 6.3) will ensure more effective protection for the Critical Habitat and ACA areas necessary to deter, legal or illegal, dog -related activity. Expansion and modification of the existing signage that educate the public regarding dog -related municipal codes (See Section 5.4) will serve to improve compliance when enforcement is not on site. Signage with a regulatory message will educate the public regarding the serious nature of the illegal act of "taking" of a protected species, as defined by the FESA, and the penalties for a FESA violation. Interpretative and educational signage in the Critical Habitat area will complement the regulatory signage by reinforcing the importance of compliance 39 Western Snowy Plover Habitat Management Plan and educating the public regarding the importance of protecting the WSP when present on the beach. Examples of interpretive, educational, and regulatory signage are depicted on Exhibit 12. 6.3 Critical Habitat and ACA Delineation Objective 8: Establish an effective suite of visual Indicators/barriers to clearly identify boundaries that define and create an awareness of the Critical Habitat Unit 48 dunes, and Avian Conservation Area As noted in the introduction, this Plan includes an "Adaptive Management" framework that would include modifications to the City's actions that are outlined in the Plan if the initial measures proposed and implemented are determined by the WSP Technical Committee to need modifications to provide better protection of the WSP and associated roosting areas. The proposed measures seek to balance protection of the WSP wintering sites and sensitive dune habitat with the potential stressors addressed in Sections 6.1 and 6.2 above as well as the delineation of areas subject to the protections outlined in this plan. Thus, this section of the Plan identifies the suite of approaches for delineating WSP use areas, including the boundaries of Critical Habitat Unit 48, the boundaries of the coastal sand dunes, and other areas used by wintering WSP. 6.3.1 Visual Indicators/Barriers Visual indicators are critical for delineating area that are sensitive, such as beach areas that are heavily used by WSP as well as the coastal sand dunes. Visual indicators can include various types of traditional fencing that provides a physical barrier. Common examples include chain link, post and cable, split rail, T-bar and Paracord, or other types of physical barriers. Visual indicators can also include different types of bollards, posts with signs (educational signage is discussed in Section 6.4 below), or other features which provide "symbolic fencing", by creating a "do -not - cross" line in the absence of a physical barrier as depicted on Exhibit 13. Visual indicators can also include painted lines and other cues on sidewalks, which, like the "symbolic fencing" defines a clear "do -not -cross" line for the beachgoing public, which can be further enhanced by uses of low fencing such as depicted on Exhibit 14. USFWS recommended use of symbolic fencing in a letter to California Department of Parks and Recreation dated January 19, 2016 as an effective way for the public and beach operations to visualize when crossing into sensitive habitat. Such symbolic fencing to delineate boundary lines for sensitive areas without impeding appropriate access. In addition to symbolic fencing, stenciled signage ("icons") identifying WSP Critical Habitat areas will be painted on the boardwalk and public pathways at potential entry points into the Critical Habitat area or areas used by WSP east of the Critical Habitat [Exhibit 15]. Icons will be located such that the beachgoing public would be aware of sensitive resources and spacing would be determined based on potential entry points to sensitive areas [Exhibits 16 and 17]. As an Adaptive 40 Western Snowy Plover Habitat Management Plan Management measure, icons could be added as necessary where entry points were not previously recognized. Finally, the City will install low -profile post -and -cable fencing along the entire length and on both sides of each of the C, D, and F streets walkways. The fence will be 24 inches in height as depicted on Exhibit 14. As an initial component of the Adaptive Management program, the existing T-Bar with Paracord would be removed and would be replaced as addressed below for the initial phase of the Adaptive Management proposal. Identified WSP roost sites in Critical Habitat Unit 48 along with roost sites in the ACA between G Street and the Wedge would be protected during the wintering season (October 1 through March 31) with temporary seasonal fencing, utilizing Concepts 2 described above. Any temporary seasonal fencing approach implemented would be subject to review in accordance with the Adaptive Management provisions of the Plan and therefore modified as determined by the WSPTWGPP. 6.3.2 Visual Indicators/Barriers — Adaptive Management Proposal: Phase 1 a. As noted at various points above, the City has already implemented various measures to protect WSP wintering areas in the Project Area. The following measures would be implemented as the first phase of the Adaptive Management approach: It will be necessary to establish standards or triggers for when measures would be modified or expanded. However, it will require collection and assembly of baseline conditions in order to establish such standards or triggers. Seasonal signage would be placed along the eastern and western boundaries of the critical habitat to notify beachgoers of the limits of Critical Habitat Unit 48 and associated restrictions. The locations of signage are depicted on Exhibits 16 and 17. Temporary seasonal fencing as described for Concept 2 would be installed prior to October I of each year and maintained in place through the winter roosting season (March 31). The location of the temporary seasonal fencing is depicted on Exhibits 6 and 6a. A - Frame signage is also proposed seasonally to augment the temporary seasonal fencing. The seasonal signage would be maintained during the peak of the wintering season for the WSP (October — March). An example of the A -Frame seasonal sign is depicted on Exhibit 14. The Concept 2 temporary seasonal fencing depicted on Exhibit 6a and 6b would consist of T-Bar or similar material with three strands of cord or wire that includes flagging or other material to enhance visibility. The temporary seasonal fencing would be a minimum of 36 inches high and each segment would include signage that would include the following information: "Use caution — entering winter roost area of federally listed threatened western snowy plover. Dogs must be on a leash at all times and roosting areas should be avoided by a minimum of 30 feet". Photographs of WSP in footprints and tire ruts would also be included to show the public what to look for and what they need to avoid. 41 Western Snowy Plover Habitat Management Plan b. Permanent signage with information and beach regulations (including dog rules) regarding the WSP, WSP Critical Habitat, and sensitive coastal sand dunes would be located at the beach access points at B, C, D, and F Streets as well as at the eastern edge of the Balboa Peninsula Park parking area, which demarcates the edge of Critical Habitat at this location. Exhibits 16 and 17 depicts the location of the various signage types. c. Permanent "icons" would be stenciled along the boardwalk to indicate that the northern limit of the Critical Habitat begins immediately adjacent to the boardwalk. A variety of icons would include information regarding the WSP, fragile nature of the coastal sand dunes, prohibited activities with a focus on leash laws and associated penalties for lack of compliance. d. The "finger" walkways extending from C, D, and F Streets would have similar icons at the intersection of each walkway with the boardwalk and the shoreward end of each walkway. In addition, portions of each walkway, where it is adjacent to coastal sand dune habitat would have post -and -cable fencing along the length of each walkways associated with C, D, and F Streets with intermittent signage indicating the presence of adjacent sensitive sand dune habitat that is off-limits to the beach -going public. Finally, as discussed further below, approximately midpoint between the boardwalk and end of each walkway would be an educational sign explaining the sensitive nature of the dune habitat and the importance of precluding human and dog access. The symbolic fencing and post -and -cable fencing and icons along the boardwalk and finger walkways are expected to enhance protection for the coastal sand dune habitat on three sides because beachgoers accessing the beach from the boardwalk and/or walkways would receive clear notice regarding the sensitive nature of the dunes. Nevertheless, as data regarding the effectiveness of the symbolic fencing and post -and -cable fencing, and icons becomes available, additional measures would be added if determined necessary. e. For beachgoers entering from the east and west of the Critical Habitat, permanent signage would be placed at the first dune formation accessible from the east and west, respectively alerting the beachgoer to the characteristics of the sensitive dune habitat and associated access restrictions. This would ensure that access from any direction toward the coastal dune habitat would include symbolic fencing and appropriate signage/notifications. The locations for this signage are depicted on Exhibits 16 and 17. In addition, the finger walkways extending from C, D, and F Streets end beyond the dune, and in the upper beach habitat of CH Unit 48. To discourage pedestrian traffic from traversing the upper beach where WSP frequently roost, markers will be placed on the sand 42 Western Snowy Plover Habitat Management Plan to encourage pedestrians to travel toward the water in a consistent, rather than dispersed fashion. In order to ensure protection of WSP winter roosts within the Critical Habitat and ACA between G Street and the Wedge, temporary seasonal fencing would be installed in accordance with the descriptions set forth in Section 5.1.1 above. f. As noted in Section 5.1.1, seasonal temporary fencing Concepts 1 and 2 each have advantages and disadvantages and based on the advantages, Concept 2 will be the initial approach. It will be necessary to monitor the following factors to determine effectiveness and possible modifications to the alternative fencing concepts to increase effectiveness. • Establish importance of microhabitat features such as tire ruts and footprints for WSP and whether WSP will relocate roost sites to maintain access to such features. • Establish use patterns within roost sites and between roost sites to determine effectiveness of the selected fencing (e.g., should Concept 1 be selected, will WSP remain within the fenced area or are roosting areas sufficiently dynamic to render this alternative ineffective). • Establish human reactions to fencing and whether fencing is protecting WSP roost sites from both human and canine intrusion (e.g., should Concept 2 be selected, do walking and jogging beachgoers follow the directions on the signage so as to avoid WSP and do dog walkers similarly follow the directions, maintaining dogs on leash and avoiding WSP sufficiently to minimize disturbance to WSP. • Monitor effects of vehicle traffic on WSP roost sites associated with selected Concept. 6.3.3 Visual Indicators/Barriers — Adaptive Management Proposal: Phase 2 Should it be determined that modification of or additional measures, relative to installation of visual and/or physical barriers need to be implemented to ensure protection of the wintering WSP, such measures would include the following as determined suitable by the WSP Technical Working Group. 1. Installation of additional signage to delineate the boundaries of the Critical Habitat and inform the public of the sensitive nature of the Critical Habitat and wintering WSP. 2. Modify temporary fencing for selected Alternative or change Concept/Alternative if it is determined that the Concept/Alternative initially selected is not effective. 43 Western Snowy Plover Habitat Management Plan 3. Enhancement of the symbolic fencing which could include the following as determined necessary the WSP Technical Working Group: a. Installation of bollards to delineate the boundaries of the Critical Habitat; b. Installation of bollards to delineate the boundaries of the coastal sand dune habitat; and c. Installation of low (e.g., 24-inch high) post and cable fence to delineate the shoreward boundaries of the sand dune habitat. An example of the post and cable fence is depicted on Exhibit 18. 4. Other measures determined necessary by the WSP Technical Working Group. The delineation of the area with visual indicators and removal of the existing fence are consistent with other proposed conservation measures and will provide for a full delineation of the Critical Habitat, including all 25.04 acres of within the "sensitive area". These efforts will also pose minimal direct threat to the existing population of WSP. Generally, WSP are observed closer to the shore, between the shore and the edge of the coastal sand dune, and near wrack. 6.4 Signage The adaptive management principles that are foundational for this Plan will be applied to the signage and icons intended to educate beachgoers regarding the WSP and Critical Habitat. Thus, educational and regulatory signage will be placed at strategic access points and along high traffic routes within and adjacent to the Critical Habitat area to inform the public of the presence of the wintering WSP, the Critical Habitat boundaries and associated regulations. As noted, in Section 5.1.1, for Alternative 2 (if implemented), signage on the fencing will be important to direct beachgoers to avoid WSP at roost sites. Signage will be consistent with visual resource policies of the Coastal Act and WSPRP: Information and Education Plan. New signage will be compatible with existing signage in the vicinity, relative to size and appearance, and will be located to avoid obstruction of existing views or significant degradation the scenic views of the beach. As appropriate (e.g., within the Critical Habitat area) the design of the signage will consider size and placement that would minimize potential perching opportunities for WSP predators. Because of the adaptive management approach, signage may be adjusted, augmented, or potentially removed or relocated, based on effectiveness. 6.4.1 Interpretive and Educational signage Interpretive and educational signs and or sidewalk icons will be permanently installed along the hardscape in areas adjacent to the Critical Habitat area. Potential placement for signs depicted on Exhibits 16 and 17 would be: 44 Western Snowy Plover Habitat Management Plan 1. At the boardwalk entry point at B Street 2. At each finger entry, adjacent to the boardwalk, at C, D and E Street 3. Along each finger at C, D, E, and F Street 4. At each beach access entry between G Street and Channel Road. Signs will be a limited in height and size to ensure that view sheds are not adversely impacted. Sign content will include text, photos and diagrams related to the characteristics, life history and population status of the WSP. Educational signage will also highlight human activities that impact wintering WSP, recovery efforts, coastal dune habitat and the designated boundaries of the Critical Habitat area. If determined to be necessary, based on observed effectiveness, additional seasonal (i.e., during the WSP wintering season), seasonal fencing and/or educational signs may be placed immediately above the high tide line if the above -referenced signage is not sufficient for the necessary protection of the wintering WSP. 6.4.2 Regulatory signage As appropriated, regulatory signage will be included with educational sign. Regulatory sign content may include but is not limited to dog -related rules (including Newport Beach Municipal Code references), Federal regulations related to the harm and take of a protected species, designation of Critical Habitat area and noticing of sensitive wildlife and closed areas. Regulatory signs will be of sufficient size to be effective as with the educational signage but will be limited in height and width to prevent obstruction of views. Regulatory signs may also be incorporated into seasonal signage referenced above. The locations of regulatory signage are depicted on Exhibits 16 and 17. 7 ADAPTIVE MANAGEMENT TRIGGERS AND PERFORMANCE STANDARDS The Adaptive Management Program is a dynamic process which is highly dependent on data to inform appropriate actions necessary to protect the WSP winter roosting areas within the Critical Habitat and the ACA between the Critical Habitat Area and the Wedge. The Triggers and Performance Standards set forth below are therefore provisional and may be subject to modification based on efficacy of the various components of this Plan set forth above. As set forth at the beginning of Section 3 above, many of the concerns identified by Ryan et al.(2017), regarding activities within the Critical Habitat and the ACA between the Critical Habitat Area and the Wedge have already been addressed or will be addressed with implementation of this Plan. The issues of concern, addressed in Section 3 are set forth below, with proposed monitoring and where appropriate, triggers and/or performance standards proposed for the Plan. 45 Western Snowy Plover Habitat Management Plan 1. A lack of public awareness of the presence of WSP roosts and a lack of information about how to avoid disturbing the plovers while enjoying the beach As discussed in Section 5.1 interviews with the owners of unleashed dogs indicate a lack of awareness regarding the presence, sensitivity and locations for the WSP in the Critical Habitat and the ACA areas. Thus, this factor alone exhibits significant potential for reducing the number of unleashed dogs on the beach and associated potential impacts on the WSP. Based on preliminary data collected weekly between November 1, 2019 and January 25, 2020, approximately 25-percent of dogs observed are unleashed. Goal: Achieve no more than 10-percent unleashed dogs within three years Performance Standard: By end of the initial monitoring season (March 31 is end of winter monitoring season), achieve no more than 15-percent unleashed dogs. By end of 202second monitoring season (March 31 is end of winter monitoring season), achieve no more than 10-percent unleashed dogs. Adaptive Management Measures If 10-percent standard is not achieved by the end of second monitoring season, one or more of the following measures as determined in consultation with the WSP Technical Working Group: • Expand and/or retarget educational efforts; • Modify, including relocation and/or expansion of temporary seasonal fencing; • Modify, including relocation and/or expansion of signage. Performance Standard: By end of third monitoring season (March 31 is end of winter monitoring season), achieve no more than 10-percent unleashed dogs. By end of fourth monitoring season (March 31 is end of winter monitoring season), maintain no more than 5-percent unleashed dogs. Adaptive Management Measures If the 10-percent standard is not achieved by the end of fourth monitoring season, one or more of the following measures as determined in consultation with the WSP Technical Working Group: 46 Western Snowy Plover Habitat Management Plan • Expand and/or retarget educational efforts; • Modify, including relocation and/or expansion of temporary seasonal fencing; • Modify, including relocation and/or expansion of signage. 2. Lack of training and information on locations of WSP roosts among some staff that drive and operate equipment on the beaches As discussed in Section 6 above, this Plan includes a commitment for significant training for city staff, which is already ongoing, relative to activities on the beaches that could affect WSO roosting areas, including but not limited to lifeguards, maintenance personnel, animal control, and recreation. 3. Regular disturbance, removal of foraging resources, and occasional mortality resulting from beach grooming, operation of heavy equipment, and regular vehicular traffic As summarized in Tables 2 and 3, beach grooming with heavy equipment has been eliminated from the Critical Habitat area and for the areas between the Critical Habitat and the Wedge, limited to monthly with monitoring and with no heavy equipment below the wrack line as summarized in Table 2. Thus, this concern is addressed. Similarly, vehicle traffic in the Critical Habitat is limited to lifeguard vehicles with maximum speed limits of 5 MPH and trash trucks entering the Critical Habitat from F Street as depicted on Exhibit 6a. Trash trucks would be limited during winter roosting season between the Critical Habitat and the Wedge to two days per week as set forth in Table 2. 4. Regular disturbance and occasional mortality from off -leash dogs As discussed in "Concern 1" above, potential harm through flushing or occasional mortality associated with unleashed dogs is one of the major concerns and is appropriately, the major focus of the initial efforts of this Plan. As noted, interviews with owners of unleashed dogs indicate a lack of awareness regarding the presence of the WSP roosts, the designation of WSP Critical Habitat, and the sensitive nature of roosting WSP. Thus, a substantial expansion of the education program, which is in part addressed through the signage that will be installed on the boardwalk, vertical walkways and street entrances as depicted on Exhibits 13 and 14. The Performance Standards and associated Adaptive Management Measures are set forth in Concern 1 above. 5. Recreational activities and occasional large events that flush WSP from roosts and leave large amounts of refuse near roosts 47 Western Snowy Plover Habitat Management Plan The City has committed to eliminating organized recreational activities such as lifeguard exercises from the Critical Habitat and areas between the Critical Habitat and the Wedge during the winter roost season. Volleyball courts will be removed from the Critical Habitat as well. Native and non-native predators drawn in unusually large concentrations to human refuse on and near the beach and pet food placed outside at nearby residences. With the elimination of recreational activities, the potential source of refuse would be eliminated along with associated impacts to the WSP roosts. 8 REPORTING To ensure that the Adaptive Management approach is providing adequate protection for the WSP, annual reports will be submitted to the CCC for five years following implementation of the program. The initial report will include all baseline and pertinent data collected on the WSP and activities within the Critical Habitat Area as well as the proposed ACA between the Critical Habitat Area and the Wedge. The initial report will include, at a minimum, monthly counts of WSP at both locations, potential stressors observed (e.g., off -leash dogs, human incursion into the dunes, etc.). The data in the initial report will provide the baseline conditions from which future adaptive management decisions will be determined. Subsequent reports for years 2 — 5 will include all data collected along with any Adaptive Management Measures previous adopted and an evaluation of their effectiveness. The first annual report will be submitted within one year of issuance of the Coastal Development Permit and subsequent reports will be submitted annually on the same date as the initial report. 48 Western Snowy Plover Habitat Management Plan 8 LITERATURE CITED 77 FR 36728-36869. Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover. June 19, 2012. CDFW (California Department of Fish and Wildlife). 2017. Element Occurrence Query. California Natural Diversity Database (CNDDB). Rarefind, Version 5.2.14 (Commercial Subscription). Sacramento, California: CDFW, Biogeographic Data Branch. August 2017. https:Hmap.dfg.ca.gov/rarefind/view/RareFind.aspx# City of Newport Beach. 2017. Western Snowy Plover Critical Habitat Area Proposal 2017 (revised2). Document provided via email from M. Clemente (City) to A. Hayworth (Dudek). July 6. Defenders of Wildlife. Basic facts about snowy plovers. Accessed 2017. http://www.defenders.org/western-snowy-plover/basic-facts. Hatch, D.A., 1996. Western snowy plover (a federally threatened species) wintering population and interaction with human activity on Ocean Beach, San Francisco, Golden Gate National Recreation Area, 1988 through 1996. Report, Golden Gate National Recreation Area. National Park Service, San Francisco, California. Lafferty, Kevin D., 2001. Disturbance to wintering western snowy plovers. Biological Conservation 101, 315-325. Oregon Parks and Recreation Department. 2012. Western Snowy Plover Site Management Plan Bandon State Natural Area. Oregon Parks and Recreation Department Salem, Oregon. Page, G. W., And L. E. Stenzel (eds.). 1981. The breeding status of the Snowy Plover in California. Western Birds 12:1-40. Page, Gary W., Lynne E. Stenzel, J. S. Warriner, J. C. Warriner and P. W. Paton. (2009).Snowy Plover (Charadrius nivosus), The Birds of North America (P. G. Rodewald, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America: https://birdsna.org/Species-Account/bna/species/snoplo5 Ryan, T. P., S. Vigallon, R. Griswold, and J. Gummerman. 2014. The Western Snowy Plover in Los Angeles and Orange Counties, California: September 2012 to June 2014. California Department of Fish and Wildlife, Wildlife Management, Nongame Wildlife Unit Report, 2014. Sacramento, California 30 pp + Appendices. 49 Western Snowy Plover Habitat Management Plan Ryan, T., S. Vigallon, C. Egger, S. Sheakley, R. Griswold. 2017a. Western Snowy Plover Survey Volunteer Survey Protocol 2017. Prepared by the Orange County Western Snowy Plover Study Group. Ryan, T., S. Vigallon, L. Plauzoles, C. Egger, S. Sheakley, R. Griswold and B. Eastman. 2017b. Western snowy plover in Los Angeles and Orange Counties California: September 2014 to February 2017. California Department of Fish and Wildlife, Wildlife Branch, Nongame Wildlife Program Report, 2017. Sacramento, California. 55 pp + appendices Shuford, W.D., and T. Gardali, eds. 2008. California Bird Species of Special Concern: A Ranked Assessment of Species, Subspecies, and Distinct Populations of Birds of Immediate Conservation Concern in California. Studies in Western Birds, no. 1. Camarillo, California: Western Field Ornithologists; Sacramento: California Department of Fish and Game. USFWS (U.S. Fish and Wildlife Service). 2007a. Final Recovery Plan for the Western Snowy Plover. August 13. Accessed at: https://www.fws.gov/arcata/esibirds/WSP/documents/ RecoveryPlanWebRelease_09242007/9.24.07_final_draftQ&A WSP_finalRP.pdf USFWS. 2007b. Newport Field Office Western Snowy Plover Predator Management. June 25, 2008.Accessed at: https://www.fws.gov/oregonfwo/FieldOffices/Newport/ W estemSnowyPlover/PredatorManagement. asp. USFWS. 2012a. "Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover; Final Rule." Federal Register Volume 77 Number 118; 50 CFR Part 17. June 2012 USFWS. 2012b. Critical Habitat for the Pacific Coast Population of the Western Snowy Plover. Questions and Answers. June, 2012. Accessed at: https://www.fws.gov/arcata/es/birds/ WSP/documents/WSPCH_June20l2/Final_Revised CH Western Snowy_Plover FAQs_051745_6-15-12.pdf USFWS. 2013. ESA Basics 40 Years of Conserving Endangered Species. January 2013. Accessed at: https://www.fws.gov/endangered/esa-library/pdf/ESA_basics.pdf 50 EXHIBITS 1-15 APPENDIX A Natural Resources Element Goals and Policies APPENDIX B Western Snowy Plover Policies APPENDIX C Municipal Codes APPENDIX D US Fish &Wildlife Service WSP Window Survey Results 2005-2017 APPENDIX E Recovery Plan for the Pacific Coast Population of the Western Snowy Plover of lie 1-ts kq •h _' -? • - ` � � �� _"�•� ",�ti %� r �.. - � °•' - �,�. -.lam. ' A, J ,��. - � ` `Duck P•wd• YNI m k � _ - - __ . - F � ,• r� ,:.. Newport City Limits Western Snowy Plover M fj Critical Habitat I r l• iVgWporI F-1 I - .. • .• _ • - ' J - Saa Jo acuity - - � Hills -- - - Newpo�? Co❑si N rP.r •ch VY'� Rk I O. t � - tw 1 •cif 8R 1 2,250 4,500 9111 711 Feet 1 inch 4,500 feet CoordinateSystem: Projection: Lam•- e44, f •mac ,I D. •D: Map Prepared by: B. Gale, GLA Date Prepared: January 13, 2020 WESTERN SNOWY PLOVER HABITAT MANAGEMENT PLAN JAL .• of •• Beach mu.Lp bing P V Is i k, i + 1 m... I\� �/ Western Snowy Plover Critical Habitat Unit 48 OPhoto Locations N A 150 300 600 Feet 1 INCH = 300 FEET Coordinate System: State Plane 6 NAD 83 Projection: Lambert Conformal Conic Datum: NAD83 Map Prepared by: B. Gale, GLA Date Prepared: January 13, 2020 WES I ERN SNUWY PLUVER HABITAT MANAGEMENT PLAN Critical Habitat Boundary GLENN LUKOS ASSOCIATES Exhibit 2 X:\0363-THE REST\0560-22PLOV\WesternSnowyPlover_Balboa\WestemSnowyPlover_Balboa_560-22_GIS\WORKING\560-22_Ex2_CridcalHabitatBoundary.mxd Berneidina: , ♦�v ,, � ,,•, L c er Y' � y�. Aatm • 1 - Vtctnrvtlle � � -'�` � � r Santa Clarita Venture _ t � ` LosAngalaa Ventura Simi Valley w Oxnard ` Y' ' .Thousand Oaks Uy ' Rancho Hi gtil and • West Cucamonga Covina Fomo a • �r Redlands Los Angeles Ontario " E l Mant e Santa Mornca •Yucaipa V R1 EiS ide- Banning ~` Corona • .�,k Redondo Beach ' n' • Cathedral Anaheim j Cify" • Perris �Amet ' SantdAnd. . Pafm Desert hive deice Long Beach g e Oran ' . , •"�' .,.I'rl t 4 Huntington • Rancho Sa a Beach Lake Forest Margarita �• Misson Viiejo Murrieta Laguna Niguel' S3h< em ente Oceanside, Escon dida V� x San DBga IV Santee Et Cajon ;: Vista E S. UNITED STA7 7eratr MEXI7 4-+ bing WESTERN SNOWY PLOVER HABITAT MANAGEMENT a Critical Habitat Areas �' GLENN LUKOS ASSOCIATES 7 L vim re i. :. a[ r. lid I �- - `�. a ' 1 1 � e�( 1_!'i' �r I � �� � _ '`' - t. � t•, � � � r�J ', 4 j m .m Bannnv.Ra nch II,3V fl %• ` J ' r .. i . I � a - - s3 ;. per. \ ,` 9 r ✓ " �. t �! h.. �?/!�1 I *' � f - Nawpv49.uhf�(yr 61' *.,, 3-• * - i ' 1 `JO 9 J '-.�. a`�i' e rk Bo '�tcFfic Ocean rC \ - NewpurtBeach ♦ �� cti :� +tF�" •� _F yt�JL�� ''� 410 Lj SIC 2, �.. � .l.., ! MannNr,s 7'a•IR y Y?e' `. 7f� '�. .a{ r d, x aaysideNe✓r��-i- . I rl., Isle` �� ' �As 7 t a. pQl; c r r Oceano Pacifico Pacific Ocean bing WESTERN SNOWY PLOVER HABITAT MANAGEMENT PLAN Annual ortMum W Wertem snowy PbuersM Mium Bench Dunne Window Sumeya 2005-2017 140 Erb 100 60 ob 20 W Average Number W Weitern Snowy Pbuers OrtMetlM Rmst S[es inoraree County Durire Each Month of thevear I2012-20171 S zso 200 10) 50 I�._ ,IIIII yNS S� 1pP I Brbibit5 GIEMitM(GSAS MTB Western oom PloxrSumm a¢ul6 "' '111L Aw- �M 6 1 1 1 Mo i ' Z SS'S , '3.E ff- K AN' ',4 -1 -- A161, WE U-0 021 U.' iL'-116 Z I ANNESOL ID.4 Irgi s, -L -L'M 11 Z-1 c., 4. IjWl- -14" Datum: NAD83 Map Prepared by: B. Gale, GLA Date Prepared: January 27, 2020 WESTERN SNOWY PLOVER HABITAT MANAGEMENT PLAN Balboa Beach Roost Map GLENN LUKOS ASSOCIATES NE W It it, 1 1. R Exhibit 6 Western Snowy Plover Critical Habitat Unit 48 Snowy Plover Areas r 2019 2016-2017 2015-2016 WSP Roost Areas, 2012-2017 Temporary Fencing Concept 1 Temporary Fencing Concept 2 N A 0 100 200 400 Feet 1 inch = 200 feet Coordinate System: State Plane 6 NAD 83 Projection: Lambert Conformal Conic Datum: NAD83 Map Prepared by: B. Gale, GLA Date Prepared: June 16, 2021 Wt5 I tKN 5NUWY PLUVEK HABITAT MANAGEMENT PLAN Balboa Beach Roost Map GLENN LUKOS ASSOCIATES Exhibit 6A X:\0363-THE REST\0560-22PLOV\WesternSnowyPlover_Balboa\WesternSnowyPlover_Balboa _560-22_GIS\WORKING\560-22_Ex6A_BalboaBeachRoostMap.mxd Western Snowy Plover Critical Habitat Unit 48 Snowy Plover Areas 2019 2016-2017 2015-2016 WSP Roost Areas, 2012-2017 Temporary Fencing Concept 1 Temporary Fencing Concept 2 N A 125 250 500 or — Feet 1 inch = 250 feet Coordinate System: State Plane 6 NAD 83 Projection: Lambert Conformal Conic Datum: NAD83 Map Prepared by: B. Gale, GLA Date Prepared: June 16, 2021 Wt5 I tKN 5NUWY PLUVEK HABITAT MANAGEMENT PLAN Balboa Beach Roost Map GLENN LUKOS ASSOCIATES Exhibit 6B X:\0363-THE REST\0560-22PLOV\WesternSnowyPlover_Balboa\WesternSnowyPlover_Balboa _560-22_GIS\WORKING\560-22_Ex6B_BalboaBeachRoostMap.mxd Mean Roost Size Per Month 120 gm m Jan. Feb Mar Apr May Jun Jul Aug Sep Oct Nov —2015 —2014 —2013 Exhibit Monthly Occupancy Saute: Josh Welmk 8th ST Roost: E ST Roost: L ST Roost: Fallback roost(2014) Site of arrival Mid/Late Season Roost Small, year round Earlyseason roost Site of departure Roost July Aug. Sept. cu. Nov. Dec. Jan. Feb. Mar. Apr. May. Jun. Site EST % % % % % % % % % % Exhihit8 Rmst Seawnality Source: Josh Weinik T - 1 .1, f l M14 01- u N WESTERN SNOWY PLOVER HABITAT MANAGEMENT PLAN Vegetation Map J> bind 0 2�A- mff-oma tNp- avaa 6 2m mg�ff em� W4 a& aa 'w-ou3 &�- Apo e* Y.L. AK., � Amp ,:.! J's %1 k-C '. t I I WESTERN SNOWY PLOVER HABITAT MANAGEMENT PLAN ILI bin WESTERN SNOWY PLOVER HABITAT MANAGEMENT PLAN 3' 1 ' 1.5' Image Wrack is the organic material, like kelp and sea grass, that is left on the shore by surf, tides, and wind. The Western Snowy Plover finds its food among the wrack, which is why it is important to not remove this naturally occurring plover buffet! The average lifespan of a Western Snowy Plover is 3 years. However some have been found to live as long as 15 years! Did you know that the Western Snowy Plover is on the Federal List of Endangered and Threatened Species and is protected under the Endangered Species Act? Exhibit 12 Western Snowy Plover The Western Snowy Plover is a shorebird distinguished by its small size (between 6-7 inches long), pale brown back, dark patches on either side of the upper breast, and dark gray legs. The Western Snowy Plover feeds on invertebrates such as crustaceans, mollusks, marine worms, and insects. They utilize the run, stop and peck method in order to gather their food from the sand and wrack. The breeding season for the Western Snowy Plovers is from March to September. Western Snowy Plovers are less common on the Balboa Peninsula during this time, and are more common during the wintering season, when the plovers actively build fat reserves required for migration and breeding. Image Interpretative Signage Template (Draft) 3' Ta I I Reference Image 2' Did You Know? Image 1) Plover chicks are unable to fly for approximately four weeks after hatching and are most vulnerable to predators during this time. 2) Western Snowy Plovers generally "fledge" (leave their nest) 28 to 33 days after they are born, when they are able to fly. Western Snowy Plovers are considered an adult when they are about are 1 year old. Cor Ten Educational Signage Template (Draft) 3' to 31/2' Ta I I 7r�&- F-: I�% igd Reference Image 1.5' BEACH REGULATIONS Stay Out of No Plant No Harassment Dune Habitat Removal of Wild Animals No Dogs No Littering 10am-4:30pm Dogs are not permitted from 10am-430pm. When allowed, dogs must remain on a leash at all times. Please stay on the path and protect sensitive habitat area boundaries. Please use caution when accessing the beach.This is a federally designated habitat area protected for the Western Snowy Plover. The WSP and coastal dune habitat in this area is protected by the Endangered Species Act. Harassment or harm to Western Snowy Plovers or destruction of coastal dune plants and habitat is prohibited. Harm or harassment of the Western Snowy Plover is a violation of the Endangered Species Act and may be subject to civil or criminal penalties. Cor-Ten Regulation Signage Template (Draft) 3' to 31/2' Ta I I Reference Image 2' Sample Interpretive Signage Templates pabben/Herinan, eslc� oce Newport Beach: Western Snowy Plover Critical Habitat �-,lsoape Architeckre Master Planning Urban Design 1133 Dover Drive, Suite 9 Newport Beach, CA 92663 Date: May 03, 2019 P: 949.548.3459 F: 949.548.5743 www.rhdo.com Ill 17 1 oil low mooing r L'� Exhibit 13 a :.- & 11 INS - -- . "No Access" Marking at Perimeter of Walkways Cor-Ten Regulation, 1e�; Sinage �_- Shor ff Signage �1 I —_V .gyp; .�. \ . f' ,:il,. ..�. y.95�. iy.�•=i t.i[��'L'��[ `•, �•, S: �' f`ray :.:�s r,:j.?�''•h�.;E-'-.'� •...' `a .. fy���- f �.. --i4` • � � �;, .< '.'.�4 "� `'tiin„ r:,c,':^tram r'��; .• �'" ` F. `' , - 'p �� •Tip}: ..'�.•' WSP Site Rehabilitation Proposal pabben/Herman esi n ofce Newport Beach: Western Snowy Plover Critical Habitat 3sover rive, eo e Master Planning Urban Design 833 Dover Drive, Suite 9 Newport Beach, CA 92663 Date: May 03, 2019 P: 949.548.3459 F: 949.548.5743 www.rhdo.com xs A -Frame Seasonal Sign Exhibit 14 Corten Steel Post/Cable Fence - 24 inches Sign & Fence Options Pabben/He;xnan esi n OTTce Newport Beach: Western Snowy Plover Critical Habitat 3sove, rive, eo e Master Planning Urban Design 833 Dover Drive, Suite 9 Newport Beach, CA 92663 Date: May 03, 2019 P: 949.548.3459 F: 949.548.5743 www.rhdo.com TIPULd Wj -f "Finger Walkway" Intersection w/ Bike Path f F F + k y _ i� , * • ilk 1 .. "Finger Walkway" End at Beach Exhibit 15 Opt,, 2<v ORR BE4 CA; Plover C Stencil to be Stained & Sandblasted into Concrete Plover Logo and/or Concrete Stencil Suggestion 5abben/Heiman esian ofce Newport Beach: Western Snowy Plover Critical Habitat ,dsoape Architeckre Master Planning Urban Design 833 Dover Drive, Suite 9 Newport Beach, CA 92663 Date: May 03, 2019 P 949.548.3459 F: 949.548.5743 www.rhdo.com F Western Snowy Plover Critical Habitat Unit 48 O Interpretive Signage O Educational Signage O Regulatory Signage O Regulatory Signage (Seasonal) O Sidewalk "Icons" N A 0 100 200 400 Feet 1 inch = 200 feet Coordinate System: State Plane 6 NAD 83 Projection: Lambert Conformal Conic Datum: NAD83 Map Prepared by: B. Gale, GLA Date Prepared: January 13, 2020 HABITAT MANAGEMENT WESTERN SNOWY PLOVER LAN Signage Locations GLENN LUKOS ASSOCIATES Exhibit 16 X:\0363-THE REST10560-22PLOV\WesternSnowyPlover_Balboa\WesternSnowyPlover_Balboa _560-22_GIS\WORKING\560-22_Ex16_Signage _Locations.mxd Newport Bay TIP its ii WON WAM Inv 1 s ! h ;` � t � r 1. ',�L' a � ; • � i � � ,� tix-~aI .rr- • 1 w jr ,.; - ',+ k l ,+ S� �. i .. - 4 1 mil•. 1 '�\ (�ra gaee a Q"0a Q"0�]�� c 1REST\0560-22PLOV\WesternSnowyP lover Bah Signage Locations 32LENN LUKOS ASSOCIATES APPENDIX A Natural Resources Element Goals and Policies APPENDIX A Natural Resources Element Goals and Policies GOAL NR 10 PROTECTION OF SENSITIVE AND RARE TERRESTRIAL AND MARINE RESOURCES FROM URBAN DEVELOPMENT. Policy NR 10.1 Terrestrial and Marine Resource Protection Cooperate with the state and federal resource protection agencies and private organizations to protect terrestrial and marine resources. (Imp 14.7, 14.11, 14.12, 14.16 Policy NR 10.3 Analysis of Environmental Study Areas Require a site -specific survey and analysis prepared by a qualified biologist as a filing requirement for any development permit applications where development would occur within or contiguous to areas identified as ESAs. (Imp 2.1, 6.1, Policy NR 10.5 Development in Areas Containing Significant or Rare Biological Resources Limit uses within an area containing any significant or rare biological resources to only those uses that are dependent on such resources, except where application of such a limitation would result in a taking of private property. If application of this policy would likely constitute a taking of private property, then a non -resource -dependent use shall be allowed on the property, provided development is limited to the minimum amount necessary to avoid a taking and the development is consistent with all other applicable resource protection Natural Resources Element Newport Beach General Plan 10- 27 policies. Public access improvements and educational, interpretative and research facilities are considered resource dependent uses. (Imp 2.1) Policy NR 10.6 Use of Buffers Maintain a buffer of sufficient size around significant or rare biological resources, if present, to ensure the protection of these resources. Require the use of native vegetation and prohibit invasive plant species within these buffer areas. (Imp 2.1) GOAL NR 12 PROTECTION OF COASTAL DUNE HABITATS Policy NR 12.1 Exotic Vegetation Removal and Native Vegetation Restoration Require the removal of exotic vegetation and the restoration of native vegetation in dune habitat. (Imp 2.1) 10502 D U D E K A-1 April 2018 APPENDIX A (Continued) Policy NR 12.2 Dune Habitat Protection Design and site recreation areas to avoid impacts to dune habitat areas, and direct public access away from these resources through methods such as well defined footpaths, boardwalks, protective fencing, and signage. (Imp 23.1, 23.2 Policy NR 12.3 Beach Sand Removal Limit earthmoving of beach sand in dune habitat areas to projects necessary for the protection of coastal resources and existing development. (Imp 6.1) 10502 D U D E K A-2 April 2018 APPENDIX B Western Snowy Plover Policies APPENDIX B Western Snowy Plover Policies 3.1.1-3. Develop and implement a uniform coastal access signing program to assist the public in locating, recognizing, and utilizing public access trails. Where appropriate, include information advising the public of environmentally sensitive habitats, safety hazards, and to respect adjacent private property. 3.1.1-5. Allow public access improvements in environmentally sensitive habitat areas (ESHA) when sited, designed, and maintained in a manner to avoid or minimize impacts to the ESHA. 4.1.1-1. Define any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments as an environmentally sensitive habitat area (ESHA). Using a site -specific survey and analysis by a qualified biologist, evaluate the following attributes when determining whether a habitat area meets the defuution of an ESHA: 4.1.1-2. Require a site -specific survey and analysis prepared by a qualified biologist as a filing requirement for coastal development permit applications where development would occur within or adjacent to areas identified as a potential ESHA. Identify ESHA as habitats or natural communities listed in Section 4.1.1 that possess any of the attributes listed in Policy 4.1.1-1. The ESA's depicted on Map 4-1 shall represent a preliminary mapping of areas containing potential ESHA. 4.1.1-4. Protect ESHAs against any significant disruption of habitat values. 4.1.1-6. Require development in areas adjacent to environmentally sensitive habitat areas to be sited and designed to prevent impacts that would significantly degrade those areas, and to be compatible with the continuance of those habitat areas. 4.1.1-7. Limit uses within ESHAs to only those uses that are dependent on such resources. 4.1.1-8. Limited public access improvements and minor educational, interpretative and research activities and development may be considered resource dependent uses. Measures, including, but not limited to, trail creation, signage, placement of boardwalks, and fencing, shall be implemented as necessary to protect ESHA. 4.1.1-9. Where feasible, confine development adjacent to ESHAs to low impact land uses, such as open space and passive recreation. 4.1.1-10. Require buffer areas of sufficient size to ensure the biological integrity and preservation of the habitat they are designed to protect. Terrestrial ESHA shall have a minimum buffer width of 50 feet wherever possible. Smaller ESHA buffers may be allowed only where it can be demonstrated that 1) a 50-foot wide buffer is not possible due to site- 10502 D U D E K B-1 April 2018 APPENDIX B (Continued) specific constraints, and 2) the proposed narrower buffer would be amply protective of the biological integrity of the ESHA given the site -specific characteristics of the resource and of the type and intensity of disturbance. 4.1.1-11. Provide buffer areas around ESHAs and maintain with exclusively native vegetation to serve as transitional habitat and provide distance and physical barriers to human and domestic pet intrusion. 4.1.1-12. Require the use of native vegetation and prohibit invasive plant species within ESHAs and ESHA buffer areas. 4.1.1-13. Shield and direct exterior lighting away from ESHAs to minimize impacts to wildlife. 4.1.5-1. Require the removal of exotic vegetation and the restoration of native vegetation in dune habitat. 4.1.5-2. Direct public access away from dune habitat areas through the use of well-defined footpaths, boardwalks, protective fencing, signage, and similar methods. 4.1.5-3. Design and site recreation areas to avoid impacts to dune habitat areas. 4.1.5-4. Require a coastal development permit for earthmoving beach sand in dune habitat areas. 4.1.5-5. Limit earthmoving of beach sand in dune habitat areas to projects necessary for the protection of coastal resources and existing development. 10502 D U D E K B-2 April 2018 APPENDIX C Municipal Codes APPENDIX C Newport Beach Municipal Codes CHAPTER 6 6.04.060 Disposal on Public Property Prohibited. No person shall throw, deposit or leave any solid waste, or, being in possession and control of any solid waste, shall permit the same to be thrown, deposited, or left in or upon any street, public beach or other public place, or on the shore, or in the waters of Newport Bay within the City. (Ord. 2014-7 § 9, 2014: Ord. 1403 § 1 (part), 1971 CHAPTER 7.04 DOGS 7.04.020 Leash Required. No person having the care, charge or control of any dog shall cause or allow, either willfully or through failure to exercise due care or control, such dog to be present upon any beach, street, alley, or public place, or upon any private property or premises other than his or her own without written consent of the owner or lessee of such land unless such dog is securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050. (Ord. 89-8 § 1, 1989: Ord. 1230 § 1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107) 7.04.030 Animals Prohibited on Public Beaches. A. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any ocean front beach or ocean front sidewalk between the hours 10:00 a.m. to 4:30 p.m. year-round. B. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any harbor/bay front beach between the hours 9:00 a.m. to 5:00 p.m. year-round. C. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any ocean front beach, ocean front sidewalk, harbor/bay front beach or harboribay front sidewalk unless that person has, in his or her possession, an implement or device capable of removing any feces deposited by the animal. D. The provisions of this section shall not be applicable to: 1. Any animal enrolled and participating in obedience classes offered by the Recreation and Senior Services Department of the City or in any show for which the City has issued a special event permit; 10502 D U D E K C-1 April 2018 APPENDIX C (Continued) 2. Any service dog, as defined by the Americans with Disabilities Act ("ADA"), or any dog being trained to be a service dog as defined by the ADA pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes. (Ord. 2010-25 § 1, 2010: Ord. 96-29 § 1, 1996; Ord. 95-41 § 1, 1995: Ord. 89-8 § 3, 1989: Ord. 1410 § 1, 1971: Ord. 1386 § 1, 1971: Ord. 796 (part), 1956: Ord. 662: 1949 Code § 4107.1) 7.04.055 Penalty. It shall be unlawful for any person to violate or fail to comply with the provisions of Sections 7.04.020, 7.04.030, or 7.04.050 of this Code. Any person violating or failing to comply with any of the provisions of said sections shall be guilty of an infraction. Any person convicted of violating or failing to comply with any of the provisions of said sections shall be punishable by the fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts. (Ord. 89-8 § 5, 1989: Ord. 88-9 § 1, 1988: Ord. 1659 § 1, 1976) 7.06.010 Horses Prohibited on Beaches and Parks. No person having the care, charge or control of any horse, mule or donkey shall permit or allow such animal to be present upon any beach or public park in the City. (Ord. 89-8 § 7, 1989: Ord. 1337 § 1, 1970) 7.06.020 Penalty. It shall be unlawful for any person to violate or fail to comply with the provisions of Section 7.06.010 of this Code. Any person violating or failing to comply with any of the provisions of said section shall be guilty of an infraction. Any person convicted of violating or failing to comply with any of the provisions of said section shall be punishable by the fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts. (Ord. 89-15 § 1, 1989) CHAPTER 11.03 SPECIAL EVENTS 11.03.020 General Provisions. A. Permit Required. No person shall conduct, operate, maintain, or organize any special event regulated by this chapter and no person shall allow the use of their premises for such a special event without first obtaining a special event permit in accordance with this chapter and paying the required fee. 10502 D U D E K c-2 April 2018 APPENDIX C (Continued) B. Applicability. These regulations shall apply to the following special events: 1. Outdoor concerts and other entertainment, public or semi-public dance, recreation, or sporting events 2. Circuses, carnivals, fairs and festivals. 3. Swap meets. 4. Walks, runs, athletic events, bicycle and vehicle races not exempted under subsection (C) of this section. 5. Organized/sponsored vehicle and boat shows. 6. Sales events outside the normal sales area of a business, such as sidewalk and parking lot sales and other special promotions. 7. Auto dealer sales events involving promotional attractions such as barbecues, tents, canopies, special signage, and similar facilities. 8. Fireworks displays 9. Outdoor weddings and picnics with attendance of one hundred fifty (150) or more persons, within guidelines established by City Council Policy B-16. 10. Assemblies, conferences or meetings in a designated reserved area outdoors, with attendance of one hundred fifty (150) or more persons. 11. Street fair or craft show on a residential or commercial right-of-way which is likely to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic. 12. Other events with potential attendance of one hundred fifty (150) or more persons, as determined by the Director, which are not exempted per subsection (C) of this section. 13. Car washes whereby the public is encouraged/invited to attend. 14. Parades or motorcades. CHAPTER 11.04 PARKS, PARK FACILITIES, AND BEACHES 11.04.010 Intent and Purpose. It is the policy of the City of Newport Beach to allow maximum public use of the City's public parks, park facilities and beaches subject to rules and regulations necessary for administration and maintenance of the City's public parks, park facilities and beaches. The City Council finds that these rules and regulations are necessary to preserve and protect the public health, safety and welfare. All persons using the City's public parks, park facilities and beaches shall comply with the provisions of this chapter, in addition to any other provisions contained within this code. 10502 D U D E K C-s April 2018 APPENDIX C (Continued) Consistent with the provisions of this chapter, the Director shall be responsible for administering the use of the City's public parks, park facilities and beaches and shall be authorized to enforce this chapter and establish and enforce policies, rules and regulations regarding the use and administration of the City's public parks, park facilities and beaches. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004) 11.04.070 Prohibited Conduct. It is unlawful for any person to conduct, perform or participate in any of the following activities at any park, park facility, beach or oceanfront boardwalk unless otherwise authorized to do so by the Director: F. Drive, propel, ride or park or leave standing any vehicle propelled by a motor except in areas designated for such purposes, except, this section shall not apply to an employee of the City acting in the course and scope of his or her employment, or to activities authorized by a special event permit issued pursuant to the provisions of Chapter 11.03. This section does not permit public parking of event attendees. G. Camp or lodge except in places designated for such purposes and with specific permission from the City to do so. H. Continuing to conduct or perform any event, activity, behavior or conduct that is determined to be unsafe, a nuisance, or a disturbance to the public by the Director, a park patrol officer, code enforcement officer, lifeguard or peace officer after the person or group of people conducting or performing the event, activity, behavior or conduct has been issued a verbal or written warning that said event, activity, behavior or conduct has been determined to be unsafe, a nuisance, or a disturbance to the public. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004- 26 § 3 (part), 2004. Formerly 11.04.080) CHAPTER 11.08 CONDUCT ON BEACHES AND PIERS 11.04.100 Violation of Rules and Policies of Department. No person shall disobey or violate any of the written rules, policies or regulations issued by the Director governing the use and enjoyment by the public of any park, park facility, or beach. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.090) 11.04.110 Ejection. Any person who violates any of the prohibited conduct provisions in this chapter shall be guilty of disorderly conduct and may be ejected from the park, park facility, or beach by the Director, a 10502 D U D E K c-4 April 2018 APPENDIX C (Continued) park patrol officer, a code enforcement officer, a lifeguard, or a peace officer. (Ord. 2012-6 § 1 (part), 2012. Formerly 11.04.100) 11.08.010 Obstructions on Public Beaches Prohibited. No person shall install, erect, or place any sign, recreational equipment (such as volleyball or badminton pole/net, portable play apparatus, and trampoline), fence, fire pit or barbecue, or similar encroachment on any public bay beach, ocean beach, tideland or park unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. Except as provided in Section 11.08.020, the provisions of this section shall not prohibit the placement of a shade covering including, but not limited to, umbrellas, canopies, tents or similar objects, on any ocean beach, bay beach or tideland. (Ord. 2009-18 § 1, 2009: Ord. 99-23 § 1, 1999) 11.08.030 Use of Beaches at Night. A. Prohibited Hours. Except as provided in subsection (B) of this section, no person shall be allowed or permitted on any public bay, beach nor any ocean front beach between the hours of 10:00 p.m. and 6:00 a.m. of the following day; 10502 D U D E K c-5 April 2018 APPENDIX D US Fish &Wildlife Service WSP Window Survey Results 2005-2017 APPENDIX D US Fish & Wildlife Service WSP Window Survey Results 2005-2017 80 60 40 20 4 2005 2006 2047 2009 2009 2010 2011 2012 2013 2D14 2015 2016 2017 ■ WirrLer 12 25 9 24 77 63 40 63 64 125 17 48 15 ■ Summer 0 0 1 3 1 0 0 0 1 10502 D U D E K D-1 April 2018 APPENDIX E Recovery Plan for the Pacific Coast Population of the Western Snowy Plover Recovery Plan for the Pacific Coast Population of the Western Snowy Plover (Charadrius alexandrinus nivosus) Volume 1: Recovery Plan California/Nevada Operations Office U.S. Fish and Wildlife Service Sacramento, California Approved: Manager, California/Nevada Operations Office, U.S. Fish and Wildlife Service Date: �q 5 1 �o� PRIMARY AUTHORS This final recovery plan was prepared by Kelly Hornaday, Ina Pisani, and Betty Warne of our Sacramento Fish and Wildlife Office. Ruth Pratt of the Sacramento Fish and Wildlife Office coordinated preparation of the draft recovery plan and acted as Recovery Team Manager. We gratefully acknowledge the efforts of the Pacific Coast Western Snowy Plover Recovery Team in preparing this recovery plan. Special acknowledgment is also given to Nadav Nur, Point Reyes Bird Observatory, Stinson Beach, California, for his work on the population viability analysis. ii DISCLAIMER Recovery plans delineate reasonable actions that are believed to be required to recover and/or protect listed species. We, the U.S. Fish and Wildlife Service, publish recovery plans, sometimes preparing them with the assistance of recovery teams, contractors, State agencies, and others. Recovery teams serve as independent advisors to the U.S. Fish and Wildlife Service. Objectives of the recovery plan will be attained and necessary funds made available subject to budgetary and other constraints affecting the parties involved, as well as the need to address other priorities. Recovery plans do not obligate otherparties to undertake specific actions, and may not represent the views or the official positions or approval of any individuals or agencies involved in the recovery plan formulation other than our own. They represent our official position only after they have been signed by the Director, Regional Director, or Operations Manager as approved. Approved recovery plans are subject to modification as dictated by new findings, changes in species status, and the completion of recovery actions. Literature Citation Should Read As Follows: U.S. Fish and Wildlife Service. 2007. Recovery Plan for the Pacific Coast Population of the Western Snowy Plover (Charadrius alexandrinus nivosus). In 2 volumes. Sacramento, California. xiv + 751 pages. An electronic version of this recovery plan also will be made available at http://www.fws.gov/cno/es/recoveryplans.html and http://endangered.fws.gov/recovery/index.html#plans iii ACKNOWLEDGMENTS The following U.S. Fish and Wildlife Service staff provided valuable review and comments on the recovery plan: John Grettenberger and Martha Jensen, Western Washington Office, Lacey, Washington; Carrie Phillips, Elizabeth Kelly, and Fred Seavey, Newport Fish and Wildlife Office, Newport, Oregon; Jim Watkins, Arcata Fish and Wildlife Office, Arcata, California; Kevin Clark and Gjon Hazard, Carlsbad Fish and Wildlife Office, Carlsbad, California; Steve Henry, Steve Kirkland, and David Pereksta, Ventura Fish and Wildlife Office; Diane Elam, California/Nevada Operations Office, Sacramento, California; and Grant Canterbury, Pacific Regional Office, Portland, Oregon. Robert Mesta, Bureau of Land Management Region 2 Office, Tucson, Arizona also provided valuable review and comments on the recovery plan. Jennifer Bain, Valary Bloom, Don Hankins, Larry Host, Harry McQuillen, Caroline Prose, Caralee Stevens, Glen Tarr, Kim Turner, Betty Warne, and Dan Welsh of the Sacramento Fish and Wildlife Office, Sacramento, California also assisted in preparation of the final recovery plan. Maps of snowy plover sites in Appendix L were prepared by Brian Cordone, Cheryl Hickam, and Joni Mitchell, Sacramento Fish and Wildlife Office, Sacramento, California. The cover illustrations for the front cover and Appendix K are used courtesy of Carleton R. Eyster, Santa Cruz, California. 1V PACIFIC COAST WESTERN SNOWY PLOVER RECOVERY TEAM Sarah Allen National Park Service Point Reyes, California Tim Burr U.S. Department of the Navy San Diego, California Jeff Chastain C & M Stables Florence, Oregon Janet Didion California Dept. of Parks and Recreation Sacramento, California David Dixon California Dept. of Parks and Recreation Monterey, California Ivette Loredo San Francisco Bay National Wildlife Refuge Newark, California Richard Griffiths U.S. Marine Corps Camp Pendleton, California Jim Heaney U.S. Bureau of Land Management North Bend, Oregon Sean Morton County of Santa Barbara Santa Barbara, California Martin Nugent Oregon Department of Fish and Wildlife Portland, Oregon Gary Page Point Reyes Bird Observatory Stinson Beach, California Kerrie Palermo U.S. Bureau of Land Management North Bend, Oregon Daniel Pearson Southern California Edison Rosemead, California John Phillips (deceased) Oregon Parks and Recreation Dept. Coos Bay, Oregon Abby Powell U.S.G.S., Biological Resources Division Fairbanks, Alaska Jim Raives California Coastal Commission San Francisco, California William Hornbrook Nancy R. Francine Fish Phone U.S. Department of the Air Force Eureka, California Vandenberg Air Force Base, California Tim Jensen Monterey Peninsula Regional Park District Carmel Valley, California Ron Jurek California Department of Fish and Game Sacramento, California Don Klusman Chris Regan Washington State Parks and Recreation Olympia, Washington Scott Richardson (Max Balm, alternate) Washington Department of Fish and Wildlife Olympia, Washington Mark Stern California Assoc. of 4 Wheel Drive Clubs, Inc. Oregon Natural Heritage Program Yuba City, California Portland, Oregon v EXECUTIVE SUMMARY CURRENT SPECIES STATUS: The Pacific coast population of the western snowy plover (Charadrius alexandrinus nivosus) (western snowy plover) is federally listed as threatened. The current Pacific coast breeding population extends from Damon Point, Washington, south to Bahia Magdalena, Baja California, Mexico (including both Pacific and Gulf of California coasts). The western snowy plover winters mainly in coastal areas from southern Washington to Central America. HABITAT REQUIREMENTS AND LIMITING FACTORS: The Pacific coast population of the western snowy plover breeds primarily above the high tide line on coastal beaches, sand spits, dune -backed beaches, sparsely -vegetated dunes, beaches at creek and river mouths, and salt pans at lagoons and estuaries. Less common nesting habitats include bluff -backed beaches, dredged material disposal sites, salt pond levees, dry salt ponds, and river bars. In winter, western snowy plovers are found on many of the beaches used for nesting as well as on beaches where they do not nest, in man-made salt ponds, and on estuarine sand and mud flats. Habitat degradation caused by human disturbance, urban development, introduced beachgrass (Ammophila spp.), and expanding predator populations have resulted in a decline in active nesting areas and in the size of the breeding and wintering populations. RECOVERY OBJECTIVE: The primary objective of this recovery plan is to remove the Pacific coast population of the western snowy plover from the List of Endangered and Threatened Wildlife and Plants by: (1) increasing population numbers distributed across the range of the Pacific coast population of the western snowy plover; (2) conducting intensive ongoing management for the species and its habitat and developing mechanisms to ensure management in perpetuity; and (3) monitoring western snowy plover populations and threats to determine success of recovery actions and refine management actions. vi RECOVERY PRIORITY: 3C, per criteria published by Federal Register Notice (U.S. Fish and Wildlife Service 1983). RECOVERY CRITERIA: The Pacific coast population of the western snowy plover will be considered for delisting when the following criteria have been met: 1. An average of 3,000 breeding adults has been maintained for 10 years, distributed among 6 recovery units as follows: Washington and Oregon, 250 breeding adults; Del Norte to Mendocino Counties, California, 150 breeding adults; San Francisco Bay, California, 500 breeding adults; Sonoma to Monterey Counties, California, 400 breeding adults; San Luis Obispo to Ventura Counties, California, 1,200 breeding adults; and Los Angeles to San Diego Counties, California, 500 breeding adults. This criterion also includes implementing monitoring of site -specific threats, incorporation of management activities into management plans to ameliorate or eliminate those threats, completion of research necessary to modify management and monitoring actions, and development of a post-delisting monitoring plan. 2. A yearly average productivity of at least one (1.0) fledged chick per male has been maintained in each recovery unit in the last 5 years prior to delisting. 3. Mechanisms have been developed and implemented to assure long-term protection and management of breeding, wintering, and migration areas to maintain the subpopulation sizes and average productivity specified in Criteria 1 and 2. These mechanisms include establishment of recovery unit working groups, development and implementation of participation plans, development and implementation of management plans for Federal and State lands, protection and management of private lands, and public outreach and education. ACTIONS NEEDED: 1. Monitor breeding and wintering populations and habitats of the Pacific coast population of the western snowy plover to determine progress of recovery actions to maximize survival and productivity. vii 2. Manage breeding and wintering habitat of the Pacific coast population of the western snowy plover to ameliorate or eliminate threats and maximize survival and productivity. 3. Develop mechanisms for long-term management and protection of western snowy plovers and their breeding and wintering habitat. 4. Conduct scientific investigations that facilitate the recovery of the westem snowy plover. 5. Conduct public information and education programs about the western snowy plover. 6. Review progress towards recovery of the western snowy plover and revise recovery efforts, as appropriate. 7. Dedicate U.S. Fish and Wildlife Service staff to allow the Arcata Fish and Wildlife Office to coordinate western snowy plover recovery implementation. 8. Establish an international conservation program with the government of Mexico to protect western snowy plovers and their breeding and wintering locations in Mexico. Appendices B and C address Actions 1 and 2, providing site -specific recommendations for breeding numbers and management actions. Appendix J addresses Action 1, providing guidelines for monitoring western snowy plovers during the breeding and wintering seasons. Appendix K addresses Action 5, providing a public information and education plan. ESTIMATED COST OF RECOVERY: $149,946,000 plus additional costs that cannot be estimated at this time. DATE OF RECOVERY: Delisting could occur by 2047 if the recovery criteria above have been met. viii 1X TABLE OF CONTENTS I. INTRODUCTION ............................................... 1 A. DESCRIPTION AND TAXONOMY ......................... 4 B. LIFE HISTORY AND ECOLOGY ........................... 7 1. Breeding..........................................7 a. Population Size and Distribution ................. 8 b. Arrival and Courtship ......................... 10 c. Duration of Breeding Season ................... 11 d. Nests and Nest Sites .......................... 11 e. Egg Laying, Clutch Size, and Incubation .......... 12 f. Clutch Hatching Success ....................... 14 g. Brood -rearing ............................... 14 h. Fledging success ............................. 15 i. Productivity ................................. 16 j. Survival....................................17 2. Feeding Habitat and Habits ........................... 17 3. Migration ......................................... 18 4. Wintering ........................................ 19 a. Distribution and Abundance .................... 19 b. Site Fidelity ................................. 20 c. Behavior...................................20 C. POPULATION STATUS AND TRENDS ..................... 21 1. Historical Trends ................................... 21 a. Washington Coast ............................ 21 i. Grays Harbor County .................... 21 ii. Pacific County ......................... 22 b. Oregon Coast ............................... 24 c. California Coast ............................. 27 i. Coastwide Perspective ................... 27 ii. Regional Perspective ................... 29 2. Current Breeding Distribution ........................ 32 3. Habitat Carrying Capacity ............................ 32 D. REASONS FOR DECLINE AND CONTINUING THREATS .... 33 x 1. The Present or Threatened Destruction, Modification, or Curtailment of Habitat or Range ................... 33 a. Shoreline Stabilization and Development .......... 33 b. Resource Extraction .......................... 34 i. Sand Removal and Beach Nourishment ..... 34 ii. Dredging and Disposal of Dredged Materials .........................36 iii. Driftwood Removal .................... 36 iv. Beach Fires and Camping ............... 37 v. Watercourse Diversion, Impoundment, or Stabilization ....................... 37 vi. Operation of Salt Ponds ................. 38 c. Encroachment of Introduced Beachgrass and Other Nonnative Vegetation ..................... 38 d. Habitat Conversion for Other Special Status Species.................................42 2. Overutilization for Commercial, Recreational, Scientific, or Education Purposes ............................. 45 3. Disease or Predation ................................ 47 4. The Inadequacy of Existing Regulatory Mechanisms ....... 55 5. Other Natural or Manmade Factors Affecting Their Continued Existence ............................ 56 a. Natural Events ............................... 56 b. Disturbance of Breeding Plovers by Humans and Domestic Animals ........................ 57 i. Pedestrians ............................58 ii. Dogs................................63 iii. Motorized Vehicles .................... 65 iv. Beach Cleaning ....................... 67 v. Equestrian Traffic ...................... 67 vi. Fishing .............................. 68 vii. Fireworks ........................... 69 viii. Kite Flying and Model Airplanes ........ 70 ix. Aircraft Overflights .................... 70 x. Special Events ......................... 71 xi xi. Coastal Access ........................ 72 xii. Livestock Grazing ..................... 72 c. Oil Spills ................................... 72 d. Contaminants...............................75 e. Litter, Garbage, and Debris ..................... 76 f. Water Quality and Urban Run-off ................ 77 g. Management for Other Special Status Species ...... 78 E. IMPLICATIONS FOR THE COASTAL BEACH -DUNE ECOSYSTEM.......................................78 1. Description of Coastal Beach -Dune Ecosystem ........... 79 2. Sensitive Species of the Coastal Beach -Dune Ecosystem ... 81 F. CONSERVATION EFFORTS .............................. 83 1. Conservation Planning on Federal and State Lands ........ 84 2. Conservation Efforts on Federal and State Lands .......... 87 a. Exclosures, Symbolic Fencing, and Signs .......... 87 b. Law Enforcement ............................ 90 c. Predator Control ............................. 90 d. European Beachgrass Control ................... 93 e. Off -Road Vehicle Restrictions and Management .... 99 f. Population Monitoring ........................ 101 g. Salt Pond Management ....................... 102 h. Habitat Acquisition .......................... 103 i. Use of Volunteers ........................... 103 j. Public Outreach and Education ................. 104 k. Section 6 Cooperative Agreements .............. 105 3. Conservation Efforts on Private Lands ................. 106 4. Federal Regulatory Program ......................... 106 a. Critical Habitat ............................. 106 b. Section 9 Take Prohibitions ................... 110 c. Section 10 Permits ........................... 111 d. Section 7 Requirements and Consultations ........ 112 e. Other Federal Regulations, Executive Orders, and Agreements ............................ 112 5. State Regulatory Protection, Policies, and Agreements .... 115 xii 6. Consultations, Habitat Conservation Plans, and Other Regulatory Actions ............................ 119 7. Regulatory Protection and Policies of Local Governments ............................................125 8. Interagency Coordination ........................... 126 II. RECOVERY ................................................. 129 A. RECOVERY STRATEGY ............................... 129 1. Recovery Strategy Components ...................... 129 2. Roles of Federal, State, Local, and Private Sectors ....... 132 a. Role of Federal Lands ........................ 132 b. Role of State Lands .......................... 133 c. Roles of State and Local Governments ........... 133 d. Role of Municipal Lands ...................... 134 e. Role of Private Lands ........................ 134 3. Conservation Tools and Strategies .................... 134 4. Funding Sources .................................. 134 5. Coordination, Participation, and Working Groups ........ 136 B. RECOVERY UNITS .................................... 137 C. RECOVERY GOALS AND OBJECTIVES .................. 140 D. RECOVERY CRITERIA ................................. 141 E. RELATIONSHIP OF RECOVERY ACTIONS AND CRITERIA TO THREATS ...................................... 147 III. NARRATIVE OUTLINE OF RECOVERY ACTIONS ............... 155 IV. IMPLEMENTATION SCHEDULE .............................. 213 V. REFERENCES ............................................... 239 A. Literature Cited ........................................ 239 B. Personal Communications ................................ 266 C. In Litt. References ...................................... 268 LIST OF APPENDICES (See Volume 2) Appendix A. Locations of Current or Historical Snowy Plover Breeding and Wintering Areas .................................... A-1 Appendix B. Information on Snowy Plover Breeding and Wintering Locations ..................................................B-1 Appendix C. Summary of Current and Additional Needed Management Activities for Snowy Plover Breeding and Wintering Locations ..................................................C-1 Appendix D. Population Viability Analysis for Pacific Coast Snowy Plovers D-1 Appendix E. Associated Sensitive Species of the Coastal Beach -Dune Ecosystem and Adjacent Habitats ....................... E-1 Appendix F. U.S. Fish and Wildlife Service Exclosure Protocols for Snowy Plover Nests, July 1999 ............................... F-1 Appendix G. Priorities for Recovery of Threatened and Endangered Species G-1 Appendix H. Conservation Tools and Strategies ...................... H-1 Appendix I. Summary of Potential Funding Sources for Recovery Actions . I-1 Appendix J. Monitoring Guidelines for the Western Snowy Plover, U.S. Pacific Coast Population .................................... J-1 Appendix K. Information and Education Plan for the Western Snowy Plover, U.S. Pacific Coast Population ......................... K-1 Appendix L. Maps of Snowy Plover Sites ........................... L-1 Appendix M. Summary of Public Comments on Draft Recovery Plan and Service Responses ......................................... M-1 xiv LIST OF TABLES Table 1. Status of western snowy plovers at three nesting sites in Washington (1993-2006) ............................... 24 Table 2. Number of adult western snowy plovers on window surveys of the Oregon coast during the breeding season (1978-2006) ..... 25 Table 3. Comparison of breeding -season population estimates of adult western snowy plovers on the Oregon coast (1993-2006) based on three different measures of abundance .................. 26 Table 4. Number of adult snowy plovers during breeding season window surveys on the California coast .......................... 28 Table 5. Breeding season surveys of snowy plover adults at selected sites along the coast of San Luis Obispo, Santa Barbara, and Ventura Counties............................................31 Table 6. Total number of nests at habitat restoration areas on the Oregon Coast1994-2004.....................................96 Table 7. Total number of fledged young at habitat restoration areas on the Oregon Coast 1994-2004 ............................... 96 Table 8. Threats to the Pacific coast population of the western snowy plover and steps within the recovery plan to reduce or eliminate threats............................................149 xv LIST OF FIGURES Figure 1. Map of known breeding and wintering distribution of Pacific Coast population of western snowy plover (Charadrius alexandrinus nivosus).............................................2 Figure 2. Adult male snowy plover ................................ 5 Figure 3. Oregon Dunes National Recreation Area .................... 8 Figure 4. Western snowy plover clutch ............................ 13 Figure 5. New housing development next to beach at Monterey Bay, California ........................................... 35 Figure 6. Recreationists at Salt Creek Beach, California .............. 58 Figure 7. Equestrians on beach .................................. 68 Figure 8. Erecting western snowy plover exclosure .................. 88 Figure 9. Symbolic fencing on beach at Monterey Bay, California ...... 89 Figure 10. Banding western snowy plover chick .................... 102 Figure 11. High school students removing European beachgrass ........ 104 Figure 12. Chart of recovery planning and implementation efforts ...... 190 xvi xvii I. INTRODUCTION On March 5, 1993, the Pacific coast population of the western snowy plover (Charadrius alexandrinus nivosus) (western snowy plover) was listed as threatened under provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The Pacific coast population is defined as those individuals that nest within 50 miles of the Pacific Ocean on the mainland coast, peninsulas, offshore islands, bays, estuaries, or rivers of the United States and Baja California, Mexico (U.S. Fish and Wildlife Service 1993a) (Figure 1). General locations of the western snowy plover's breeding and wintering locations in the United States are shown in Appendix A. Surveys, status reviews, and literature searches have identified 159 current or historical western snowy plover breeding or wintering locations on the U.S. Pacific coast. These localities include 6 in Washington, 19 in Oregon, and 134 in California (Appendix B). In Baja California, breeding western snowy plovers concentrate at coastal wetland complexes as far south as Bahia Magdalena, Mexico (Palacios et al. 1994). The locations listed in Appendix B are important for the recovery of the United States Pacific coast population of the western snowy plover because they represent important breeding, feeding, and sheltering habitat for the species. In Washington, the western snowy plover was listed as endangered under Washington Department of Fish and Wildlife Policy #402 in 1981. In 1990 the Washington Fish and Wildlife Commission (Washington Administrative Code 232-12-014) reaffirmed the endangered status. In 1975, the Oregon Fish and Wildlife Commission listed the western snowy plover as threatened. Its threatened status was reaffirmed in 1989 under the Oregon Endangered Species Act and again in 1993 and 1998 by the Oregon Fish and Wildlife Commission as part of its periodic review process. Since 1978, the California Department of Fish and Game has classified both the inland and coastal population of western snowy plover as a "species of special concern." (Remsen 1978, California Natural Diversity Database 2001). In August 2002, we received a petition from the Surf Ocean Beach Commission of Lompoc, California to delist the Pacific Coast population of the western snowy Figure 1. Map of known breeding and wintering distribution of the Pacific coast population of the western snowy plover. 2 plover. The City of Morro Bay, California submitted substantially the same petition dated May 30, 2003. On March 22, 2004, we published a notice that the petition presented substantial information to indicate that the delisting may be warranted (U.S. Fish and Wildlife Service 2004a). This notice also announced our initiation of a 5-year status review for the Pacific coast population of western snowy plover. Under sections 4(b)(3)(B) and 4(c)(2) of the Endangered Species Act, we conducted a 5-year status review and evaluated whether the petitioned action was warranted. On April 21, 2006, we published a 12-month finding that concluded the petitioned action was not warranted (U.S. Fish and Wildlife Service 2006a). We also proposed a special rule pursuant to section 4(d) of the Endangered Species Act (U.S. Fish and Wildlife Service 2006b), which would exempt counties that have met western snowy plover recovery goals from most prohibitions on take as long as populations remain above recovery goals. The 5-year status review was completed on June 8, 2006. Section 4 of the Endangered Species Act of 1973, as amended, requires us to develop a recovery plan for the conservation and survival of a species after it is federally listed as threatened or endangered, unless it is determined that such a plan will not promote the conservation of the species. Recovery is the process of reversing the decline of a listed species, eliminating threats, and ensuring the species' long-term survival. This recovery plan recommends actions necessary to satisfy the biological needs and assure recovery of the Pacific coast population of the western snowy plover. These actions include protection, enhancement, and restoration of all habitats deemed important for recovery; monitoring; research; and public outreach. This recovery plan will serve as a guidance document for interested parties including Federal, State, and local agencies; private landowners; and the general public. It includes recommendations for western snowy plover management measures for all known breeding and wintering locations (Appendix C). These locations have been divided into six recovery units, as follows: (1) Oregon and Washington; (2) northern California (Del Norte, Humboldt, and Mendocino Counties); (3) San Francisco Bay (locations within Napa, Alameda, Santa Clara, and San Mateo Counties); (4) Monterey Bay (including coastal areas along Monterey, Santa Cruz, San Mateo, San Francisco, Marin, and Sonoma Counties); (5) San Luis Obispo, Santa Barbara, and Ventura Counties; and (6) Los Angeles, Orange, and San Diego Counties. Designation of these locations and recovery units assists in identifying priority areas for conservation planning across the western snowy plover's breeding and wintering range. This recovery plan emphasizes management on Federal and State lands, including opportunities to improve or expand upon current efforts. Because of this emphasis on public lands, the cost associated with this emphasis, and potential restrictions of public use on these lands, public support and involvement will be crucial to the recovery of the western snowy plover. Opportunities for public participation in recovery efforts are emphasized in Appendix K (Information and Education Plan). A. DESCRIPTION AND TAXONOMY The western snowy plover, a small shorebird in the family Charadriidae, weighs from 34 to 58 grams (1.2 to 2 ounces) and ranges in length from 15 to 17 centimeters (5.9 to 6.6 inches) (Page et al. 1995a). It is pale gray -brown above and white below, with a white hindneck collar and dark lateral breast patches, foreh ead bar, and eye patc hes (F igure 2). Th e bill and le gs are b lacki sh. In breeding plumage, males usually have black markings on the head and breast; in females, usually one or more of these markings are dark brown. Early in the breeding season a rufous crown may be evident on breeding males, but it is not typically seen on females. In non -breeding plumage, sexes cannot be distinguished because the breeding markings disappear. Fledged juveniles have buffy edges on their upper parts and can be distinguished from adults until approximately July through October, depending on when in the nesting season they hatched. After this period, molt and feather wear makes fledged juveniles indistinguishable from adults. Individual birds 1 year or older are considered to be breeding adults. The mean annual life span of western snowy plovers is estimated at about 3 years, but at least one individual was at least 15 years old when last seen (Page et al. 1995a). M Figure 2. Adult male western snowy plover (photo by Peter Knapp, with permission). The species was first described in 1758 by Linnaeus (American Ornithologists' Union 1957). Two subspecies of the snowy plover have been recognized in North America (American Ornithologists' Union 1957): the western snowy plover (Charadrius alexandrinus nivosus) and the Cuban snowy plover (C. a. tenuirostris). The Pacific coast population of the western snowy plover breeds on the Pacific coast from southern Washington to southern Baja California, Mexico. Wintering birds may remain at their breeding sites or move north or south to other wintering sites along the Pacific coast. The interior population of the western snowy plover breeds in interior areas of Oregon, California, Nevada, Utah, New Mexico, Colorado, Kansas, Oklahoma, and north -central Texas, as well as coastal areas of extreme southern Texas, and possibly extreme northeastern Mexico (American Ornithologists' Union 1957). Although previously observed only as a migrant in Arizona, small numbers have bred there in recent years (Monson and Phillips 1981, Davis and Russell 1984). Interior population birds breeding east of the Rockies generally winter along the Gulf coast, while most interior population birds breeding west of the Rockies winter in coastal California and Baja 5 California, often intermingling with birds from the Pacific coast breeding population. The Cuban snowy plover breeds along the Gulf coast from Louisiana to western Florida and south through the Caribbean (American Ornithologists' Union 1957). More recent works recognize only subspecies C. a. nivosus for North America (Hayman et al. 1986, Binford 1989, Sibley and Monroe 1990). A large amount of breeding data indicates that the Pacific coast population of the western snowy plover is distinct from western snowy plovers breeding in the interior (U.S. Fish and Wildlife Service 1993a, 2006a). A study conducted between 1977 and 1982 reported that western snowy plovers tend to exhibit breeding site fidelity (Warriner et. al. 1986). Banding and resighting data show that the Pacific Coast breeding populations and the western interior breeding populations experience limited or rare reproductive interchange (G. Page in litt. 2004a). Between 1984 and 1995, the period with the most extensive banding studies and search efforts, 907 plovers color -banded in coastal and interior populations were subsequently resighted (excluding birds banded on the coast during winter and birds resighted in their original region without evidence of nesting). Of these, 894 birds (98.6 percent) were observed during the breeding season using the same breeding range in which they were originally banded. Twelve birds (1.3 percent) were banded on the coast and later observed in the interior, only one of which was known to nest in the interior. Only one male (0.1 percent) was banded in the interior (without evidence of nesting) and later found nesting on the coast. Moreover, data from a period of less intensive surveys and banding from 1977 to 1983 corroborate this pattern (G. Page in litt. 2004a, U.S. Fish and Wildlife Service 2006a). During this period, of 400 birds banded in the interior, none were observed on the coast during breeding season, and of 599 birds banded on the coast only one was found nesting in the interior. Finally, 304 retrievals of numbered metal bands reported between 1969 and 2002 show no evidence of movement from interior to coast and only one bird (G. Goldsmith in litt. 2004, U.S. Fish and Wildlife Service 2006a) that moved from coast to interior (the dates being consistent with a bird from the interior population having been banded on the coast during the non -breeding season). Thus, intensive banding and monitoring studies have documented only two clear instances of interbreeding between coastal and interior populations, and a few 2 cases of inter -population movement without confirmed breeding, among thousands of birds observed. These results illustrate that the amount of interchange between coastal and interior populations is likely to be extremely low, though not zero. Movement of birds from coastal to interior populations has been documented more often than the reverse (see also U.S. Fish and Wildlife Service 2006a). Genetic studies using mitochondrial DNA and microsatellite DNA markers (Gorman 2000, Funk et al. 2006) have found no significant genetic differentiation between the Pacific coast and interior populations of the western snowy plover. However, because a small number of dispersing individuals per generation is sufficient to prevent genetic differentiation between two semi -isolated populations (Mills and Allendorf 1996, Funk et al. 2006), this result is consistent with the banding data reported above. Because the small number of dispersing individuals indicated by banding data appear insufficient to substantially affect rates of population growth or decline in either population, the two populations evidently function demographically as largely independent of one another. Moreover, the infrequency of observed dispersal from coast to interior further indicates that any declines in the coastal population are not likely to be effectively offset by immigration of interior birds to the coast. Consequently there is no evidence that existing unoccupied habitat along the Pacific coast is currently being or in future would be naturally colonized by birds from the interior population (Funk et al. 2006). B. LIFE HISTORY AND ECOLOGY 1. Breeding The Pacific coast population of the western snowy plover breeds primarily on coastal beaches from southern Washington to southern Baja California, Mexico (e.g., Figure 3). Sand spits, dune -backed beaches, beaches at creek and river mouths, and salt pans at lagoons and estuaries are the main coastal habitats for nesting (Stenzel et al. 1981, Wilson 1980). This habitat is unstable because of 7 Figure 3. Coastal beach in Oregon Dunes National Recreational Area (photo by Ruth Pratt, with permission) unconsolidated soils, high winds, storms, wave action, and colonization byplants. Less common nesting habitats include bluff -backed beaches, dredged material disposal sites, salt pond levees, dry salt ponds, and river bars (Wilson 1980, Page and Stenzel 1981, Powell et al. 1996, Tuttle et al. 1997). a. Population Size and Distribution Population estimates referenced below are based on window surveys as well as on more intensive studies involving repeated surveys of populations with individually identifiable color -banded birds. Window surveys are a one-time pass of a surveyor, or team of surveyors, through potential western snowy plover nesting habitat during May or June (see survey protocol in Appendix J). The surveyor counts all adult western snowy plovers in the habitat and identifies the adults as male or female, when possible. Because window surveys may not detect all birds, they are not directly comparable to more intensive studies. A correction factor can be estimated by comparing window survey data with concurrent population estimates from detailed studies of color -banded populations; currently the best rangewide estimate of the correction factor is 1.3 (U.S. Fish and Wildlife Service 2006a), but it is preferable to determine corrections on a more specific regional or site basis if possible due to differences in survey efficiency in different habitats (see action 4.3.1). Western snowy plovers concentrate in suitable habitat, with the number of adults at coastal breeding locations ranging from 1 to 315, depending in part, on the size of the area (Appendix B). The largest number of breeding birds occurs from south San Francisco Bay to southern Baja California (Page and Stenzel 1981, Palacios et al. 1994). The locations of the following parenthetical references to western snowy plover breeding and wintering locations in Washington, Oregon, and California are shown in Figures A-1 through A-7 of Appendix A, and mapped in greater detail in Appendix L. Information on the numbers of breeding and wintering western snowy plovers at these locations is described in Appendix B. Four breeding areas currently exist in southern Washington: Damon Point (Washington location 2 [WA-2]) in Grays Harbor; Midway Beach (WA-4); and Leadbetter Point (WA-5) and Graveyard Spit (discovered in 2006) in Willapa Bay. Prior to the 1998 breeding season, fewer than 25 western snowy plovers and 12 nests were found in Washington during regular, standardized surveys. However, surveys from 1998 through 2006 (Sundstrom 2003, 2005; Brennan and Fernandez 2004a, 2006; Pearson et al. 2006; Washington Department of Fish and Wildlife unpub. data) indicate greater numbers of western snowy plovers are nesting at Leadbetter Point (WA-5) and Midway Beach (WA-4), with a maximum estimated population of 70 western snowy plovers statewide in 2006. In Oregon, nesting birds have been recorded at 14 sites since 1990 (Castelein et al. 2002, Lauten et al. 2006a, 2006b). Nesting has occurred most frequently at 9 sites, including Sutton (OR-8), Siltcoos (OR-10), Dunes Overlook (OR-10), Tahkenitch (OR-10), Tenmile Spits (OR-12), Coos Bay North Spit (OR-13), Bandon (OR-15), New River (OR-15), and Floras Lake (OR-15). An estimated 177-179 adult western snowy plovers were observed at Oregon sites during the 2006 breeding season. A total of 135 individuals were known to have nested in 0 2006, with 147 nests located. Individual nests have also been found between 1990 and 2002 at several other Oregon sites, including Necanicum (OR-1); Bayocean Spit (OR-3); North Siuslaw (OR-8); Threemile-Umpqua River (OR- 11); and Menasha Spoils, North Bend. Western snowy plover populations in California have fluctuated between roughly one thousand and two thousand birds over the past 30 years, as detailed in section I.C. Lc below. Eight geographic areas support over three-quarters of the California coastal breeding population: San Francisco Bay (CA-27 to CA-47), Monterey Bay (CA-63 to CA-65), Morro Bay (CA-79 to CA-81), the Callendar- Mussel Rock Dunes area (CA-83), the Point Sal to Point Conception area (CA-84 to CA-88), the Oxnard lowland (CA-96 to CA-99), Santa Rosa Island (CA-93), and San Nicolas Island (CA-100) (Page et al. 1991, G. Page in litt. 2005a). A survey of breeding western snowy plovers along the Pacific coast of Baja California, Mexico between 1991 to 1992 found 1,344 adults, mostly at four coastal wetland complexes: Bahia San Quintin, Lagunas Ojo de Liebre and Guerrero Negro, Laguna San Ignacio, and Bahia Magdalena (Palacios et al. 1994). b. Arrival and Courtship Nesting western snowy plovers at coastal locations consist of both year-round residents and migrants (Warriner et al. 1986). Migrants begin arriving at breeding areas in southern Washington in early March (Widrig 1980) and in central California as early as January, although the main arrival is from early March to late April (Page et al. 1995a). Since some individuals nest at multiple locations during the same year, birds may continue arriving through June (Stenzel et al. 1994). Mated birds from the previous breeding season frequently reunite. Pair bonds are associated with territorial defense by males and nest scraping behavior, but early in the season birds begin to associate with one another in pairs within and apart from roosting flocks before nest scraping activity is observed, suggesting that pair bonds can be established prior to overt displays (Warriner et al. 1986). A scrape is a depression in the sand or substrate that a male constructs by leaning forward 10 on his breast and scratching his feet while rotating his body axis (Page et al. 1995a). Copulations are associated with scraping behavior (Warriner et al. 1986). Females choose which scrape becomes the nest site by laying eggs in one of them. In California, pre -nesting bonds and courtship activities are observed as early as mid -February. Similar activities begin by March in Oregon. During courtship, males defend territories and usually make multiple scrapes. c. Duration of Breeding Season Along the west coast of the United States, the nesting season of the western snowy plover extends from early March through late September. Generally, the breeding season may be 2 to 4 weeks earlier in southern California than in Oregon and Washington. Fledging (reaching flying age) of late -season broods may extend into the third week of September throughout the breeding range. The earliest nests on the California coast occur during the first week of March in some years and by the third week of March in most years (Page et al. 1995a). Peak initiation of nesting is from mid -April to mid -June (Warriner et al. 1986; Powell et al. 1997). Hatching lasts from early April through mid -August, with chicks reaching fledging age approximately 1 month after hatching (Powell et al. 1997). On the Oregon coast nesting may begin as early as mid -March, but most nests are initiated from mid -April through mid -July (Wilson -Jacobs and Meslow 1984); peak nest initiation occurs from mid -May to early July (Stern et al. 1990). In Oregon, hatching occurs from mid -April through mid -August, with chicks reaching fledging age as early as mid- to late May. Peak hatching occurs from May through July, and most fledging occurs from June through August. On the Washington coast, most adults arrive during late April, with maximum numbers present from mid -May to late June. Fledging occurs from late June through August (Washington Department of Fish and Wildlife 1995). d. Nests and Nest Sites Nests typically occur in flat, open areas with sandy or saline substrates; vegetation and driftwood are usually sparse or absent (Widrig 1980, Wilson 1980, Stenzel et al. 1981). Western snowy plovers also regularly nest on the gravel bars along the 11 Eel River in northern California. In southern California, western snowy plovers nest in areas with 6 to 18 percent vegetative cover and 1 to 14 percent inorganic cover; vegetation height is usually less than six centimeters (2.3 inches) (Powell et al. 1995, 1996). Nests consist of a shallow scrape or depression, sometimes lined with beach debris (e.g., small pebbles, shell fragments, plant debris, and mud chips); nest lining increases as incubation progresses. Driftwood, kelp, and dune plants provide cover for chicks that crouch near objects to hide from predators. Invertebrates are often found near debris, so driftwood and kelp are also important for harboring western snowy plover food sources (Page et al. 1995a). Page and Stenzel (1981) found that nests were usually within 100 meters (328 feet) of water, but could be several hundred meters away when there was no vegetative barrier between the nest and water. They believed the absence of such a barrier is probably important for newly -hatched chicks to have access to the shore. Powell et al. (1995, 1996) also reported that nests from southern California were usually located within 100 meters (328 feet) of water, which could be either ocean, lagoon, or river mouth. Although the majority of western snowyplovers are site - faithful, returning to the same breeding area in subsequent breeding seasons, some also disperse within and between years (Warriner et al. 1986, Stenzel et al. 1994). Western snowy plovers occasionally nest in exactly the same location as the previous year (Warriner et al. 1986). e. Egg Laying, Clutch Size, and Incubation Initiation (eggs and laying) occurs from mid-February/early March through the third week of July (Wilson 1980, Warriner et al. 1986). The approximate periods required for nesting events are: scrape construction (in conjunction with courtship and mating), 3 days to more than a month; egg laying, usually 4 to 5 days; and incubation, 26 to 31 days (mean 27 days) (Warriner et al. 1986). The usual clutch size (e.g., number of eggs in one nest) is three (Figure 4) with a range from two to six. (Warriner et al. 1986, Page et al. 1995a). Both sexes incubate the eggs, with the female tending to incubate during the day and the male at night (Warriner et al. 1986). Adult western snowy plovers frequently will attempt to lure people and predators from hatching eggs with alarm calls and distraction displays. Occasionally, adults behave similarly during the egg -laying period or 12 Figure 4. Western snowy plover clutch (photo by Bruce Casler, with permission). incubation of completed clutches. More typical, however, is for the incubating adult to run away from the eggs without being seen. Incomplete clutches are those in which all eggs have not been laid. Partly -incubated clutches are those clutches having some degree (in days) of incubation. Western snowy plovers will re -nest after loss of their eggs (Wilson 1980, Warriner et al. 1986). Re -nesting occurs 2 to 14 days after failure of a clutch, and up to five re -nesting attempts have been observed for a pair (Warriner et al. 1986). Double brooding with polyandry (meaning the female successfully hatches more than one brood [i.e. sibling chicks of a hatched nest] in a nesting season with different mates) is common in coastal California (Warriner et al. 1986) and Oregon (Wilson -Jacobs and Meslow 1984). On the California coast, the breeding season is long enough for some females to triple brood and for some males to double brood (Page et al. 1995a). Triple brooding in a male has, on rare occasion, been recorded; a male triple brooded at Moss Landing salt ponds in 2001 (D. George in litt. 2001). After losing a clutch or brood or successfully hatching a 13 nest, western snowy plovers may re -nest at the same site or move up to several hundred kilometers to nest at other sites (Stenzel et al. 1994, Powell et al. 1997 ). f. Clutch Hatching Success Widely varying clutch hatching success (percent of clutches hatching at least one egg) is reported in the literature. Clutch hatching success ranging from 0 to 90 percent has been recorded for coastal western snowy plovers (Widrig 1980, Wilson 1980, Saul 1982, Wilson -Jacobs and Dorsey 1985, Warriner et al. 1986, Wickham unpubl. data in Jacobs 1986). Low clutch hatching success has been attributed to a variety of factors, including predation, human disturbance, high tides, and inclement weather. Heavy recreational beach use coincides with the peak hatching period for western snowy plover eggs (Powell 2001), adding additional pressures to western snowy plover adults and chicks that are more exposed to human disturbance. Observed clutch hatching success ranged from 12.5 to 86.8 percent and averaged 50.6 percent in eight studies of coastal breeding western snowy plovers (Page et al. 1995a). In San Diego County, estimated nesting success ranged from 43 to 68 percent between 1994 and 1998, averaging 54 percent (Powell et al. 2002); nesting western snowy plovers in San Diego County likely benefitted from predator management efforts for snowy plovers and California least terns (Sternula antillarum browni) (A. Powell, U.S. Geological Survey, pers. comm. 1998). In Monterey Bay, hatching rate was significantly increased from 43 percent (during 1984-1990) to 68 percent (during 1991-1999) by intensive control of mammalian predators and use of nest exclosures (Neuman et al. 2004). g. Brood -rearing The first chick hatched remains in or near the nest until other eggs (or at least the second egg) hatch. The adult western snowy plover, while incubating the eggs, also broods the first chick. The non -incubating adult also may brood the first- born chick a short distance from the nest. If the third egg of a clutch is 24 to 48 hours behind the others in hatching, it may be deserted. Western snowy plover chicks are precocial, leaving the nest within hours after hatching to search for food. They are not able to fly (fledge) for approximately 1 month after hatching; 14 fledging requires 28 to 33 days (Warriner et al. 1986). Broods rarely remain in the nesting area until fledging (Warriner et al. 1986, Stern et al. 1990). Western snowy plover broods may travel along the beach as far as 6.4 kilometers (4 miles) from their natal area (Casler et al. 1993). Adult western snowy plovers do not feed their chicks, but lead them to suitable feeding areas. Adults use distraction displays to lure predators and people away from chicks. With vocalizations, adult western snowy plovers signal the chicks to crouch as another way to protect them (Page et al. 1995a). They also may lead chicks, especially larger ones, away from predators. Warriner et al. (1986) reported that most chick mortality occurs within 6 days after hatching. Females generally desert mates and broods by the sixth day after hatching and thereafter the chicks are typically accompanied by only the male. While males rear broods, females obtain new mates and initiate new nests (Page et al. 1995a). Females typically help rear the last brood of the season. h. Fledging success The fledging success of western snowy plovers (percentage of hatched young that reach flying age) varies greatly by location and year. Even western snowy plovers nesting on neighboring beach segments may exhibit quite different success in the same year. For example, the percentage of chicks fledged on different beach segments of Monterey Bay in 1997 varied from 11 to 59 percent (average 24 percent) (Page et al. 1997). During the prior 13 years, fledging success on Monterey Bay beaches averaged 39 percent (Page et al. 1997). From the former Moss Landing salt ponds (now known as the Moss Landing Wildlife Area) in Monterey Bay (CA-64), fledging success ranged from 13.2 percent to 57.1 percent from 1988 to 1997. In San Diego County, fledging success ranged from 32.6 to 51.4 percent (Powell et al. 1997). In Oregon, annual fledging success for 1992 to 2006, for all coastal sites combined, ranged from 26 to 55 percent (Lauten et al. 2006a, 2006b). As in California, there is considerable variation among sites within years. For example, in 2005, the fledging success ranged from 24 percent at New River (OR-15) to 70 percent at Coos Bay South Beach (OR-13). There also is variation at individual sites among years. At the Coos Bay North Spit 15 (OR-13), one of the larger nesting areas in coastal Oregon, annual fledging success for 1992 to 2006 ranged from 38 to 74 percent. i. Productivity The productivity information most useful for this recovery plan is reproductive success (the annual number of young fledged per adult male). For the population viability analysis (Appendix D), males were used in the model because their population parameters can be estimated with greater certainty than for females. In addition, it is reasonable to consider that the availability of males is limiting reproductive success because they are responsible for post -hatching parental care, and females can lay clutches for more than one male (Warriner et al. 1986). Chicks are considered fledged at 28 to 33 days after hatching. Estimates of the number of young fledged per adult male are available for Oregon; northern California from Mendocino to Del Norte Counties; Monterey Bay, California; and San Diego County, California. Along the Oregon coast, the average number of young annually fledged per male during the period between 1992 and the initiation of predator management (2002 to 2004 depending on site) was estimated as 0.87 (Lauten et al. 2006b); this fledging success significantly increased to 1.44 since implementation of predator management. Male fledging success in Oregon has annually ranged between 0.70 and 1.64 (Lauten et al. 2006a). In northern California, fledging success ranged from 0.8 to 1.7 fledglings per male between 2001-2005, with birds nesting on river gravel bars consistently achieving greater success than those nesting on beaches (Colwell et al. 2005). At Monterey Bay, California, from 1984 to 1990, when little effort was made to protect chicks from predators and people, males averaged 0.86 fledglings annually. When intensive efforts were undertaken to control mammalian predators from 1993 to 1999, the number of young fledged per adult male initially increased above 1.1, then declined sharply as avian predation on chicks became increasingly significant (Neuman et al. 2004). After live trapping and removal of avian predators was initiated, fledging success again increased in target areas (G. Page in litt. 2004b). Over 16 years of study at Monterey Bay, the annual number of young fledged ranged from 0.32 to 1.23 per male (Neuman et al. 2004). In San Diego County from 1994 to 1998, an average of 0.15 to 0.44 young were fledged per male 16 (Powell et al. 2002). Fledging success in Washington cannot be accurately estimated due to lack of banded chicks and adults and variable monitoring effort prior to 2006 (S. Pearson in litt. 2006); however it was roughly estimated at between 0.76 and 1.45 young fledged per male in 2006, excluding Leadbetter Point which was insufficiently surveyed but may have had poorer fledging success (Pearson et al. 2006). j. Survival Annual survival rates for adult and juvenile western snowy plovers have been calculated from studies of color banded birds from the coast of Oregon (M. Stern unpubl. data), the shoreline of Monterey Bay, California (Point Reyes Bird Observatory unpublished data), and the coast of San Diego County, California (A. Powell and J. Terp unpublished data) using the program SURGE (Lebreton et al. 1992, Cooch et al. 1996). Annual juvenile survival rates for fledged young average 48.5 percent (1992-2002) from the Oregon coast, 45 percent from Monterey Bay, and 45 percent from the San Diego coast. Annual survival rates for adult females and males, respectively, averaged 75 and 75 percent from the Oregon coast, 69 and 75 percent from Monterey Bay, and 72 and 71 percent from the San Diego coast. Differences between males and females were statistically significant only for the Monterey Bay area. Appendix D explains how these survival rates were incorporated into the population viability analysis. 2. Feeding Habitat and Habits Western snowy plovers are primarily visual foragers, using the run -stop -peck method of feeding typical of Charadrius species. They forage on invertebrates in the wet sand and amongst surf -cast kelp within the intertidal zone, in dry sand areas above the high tide, on salt pans, on spoil sites, and along the edges of salt marshes, salt ponds, and lagoons. They sometimes probe for prey in the sand and pick insects from low -growing plants. At the Bolsa Chica wetlands in California, western snowy plovers have been observed pecking small, flying insects from mid -air and shaking one foot in very shallow water to agitate potential prey (Fancher et al. 1998). Western snowy plover food consists of immature and adult forms of aquatic and terrestrial invertebrates. Little quantitative information is 17 available on food habits. In San Diego, California, invertebrates found in western snowy plover feces during the breeding season included rove beetles (Staphylinidae), long-legged flies (Dolichopodidae), shore flies (Ephydridae), water bugs (Saldidae), hymenopterans (Braconidae), and unidentified insect larvae (Tucker and Powell 1999). During the breeding season, Jacobs (1986) observed adult western snowy plovers feeding on sand hoppers (Orchestoidea) and small fish on the Oregon coast. Other food items reported for coastal western snowy plovers include Pacific mole crabs (Emerita analoga), striped shore crabs (Pachygrapsus crassipes), polychaetes (Neridae, Lumbrineris zonata, Polydora socialis, Scoloplos acmaceps), amphipods (Corophium ssp., Ampithoe spp., Allorchestes angustus), tanadacians (Leptochelia dubia), shore flies (Ephydridae), beetles (Carabidae, Buprestidae, Tenebrionidae), clams (Transenella sp.), and ostracods (Page et al. 1995a). In salt evaporation ponds in San Francisco Bay, California, the following prey have been recorded: brine flies (Ephydra cinerea), beetles (Tanarthrus occidentalis, Bembidion sp.), moths (Perizoma custodiata), and lepidopteran caterpillars (Feeney and Maffei 1991). Opportunities for foraging are directly dependent on salinity levels. Specifically, salt ponds of medium salinity seem to provide the best quality foraging habitat (M. Kolar, San Francisco Bay National Wildlife Refuge, pers. comm. 2004). 3. Migration While some western snowy plovers remain in their coastal breeding areas year- round, others migrate south or north for winter (Warriner et al. 1986, Page et al. 1995a, Powell et al. 1997). In Monterey Bay, California, 41 percent of nesting males and 24 percent of the females were consistent year-round residents (Warriner et al. 1986). At Marine Corps Base Camp Pendleton in San Diego County, California, about 30 percent of nesting birds stayed during winter (Powell et al. 1995, 1996, 1997). The migrants vacate California coastal nesting areas primarily from late June to late October (Page et al. 1995a). There is evidence of a late -summer (August/September) influx of western snowy plovers into Washington; it is suspected that these wandering birds are migrants (S. Richardson, Washington Department of Fish and Wildlife, pers. comm. 1998). Most western snowy plovers that nest inland migrate to the coast for the winter (Page et al. 1986, 1995b). Thus, the flocks of non -breeding birds that begin forming along the U.S. Pacific coast in early July are a mixture of adult and hatching -year birds from both coastal and interior nesting areas. During migration and winter, these flocks range in size from a few individuals to up to 300 birds (Appendix B). 4. Wintering a. Distribution and Abundance In western North America, the western snowy plover winters (here defined as late October to mid -February) mainly in coastal areas from southern Washington to Central America (Page et al. 1995a). Both coastal and interior populations use coastal locations in winter. Small numbers of western snowy plovers occur at two locations on the Washington coast: Midway Beach (WA-4) (S. Richardson, pers. comm. 1998, J. Grettenberger, U.S. Fish and Wildlife Service, pers. comm. 2004), and Leadbetter Point (WA-5), Willapa Bay (Washington Department of Fish and Wildlife 1995), both in Pacific County. Increasing numbers of wintering western snowy plovers are being documented along the Washington coast, with 32 counted in 2005 (L. Kelly in litt. 2005). As many as 97 western snowy plovers were observed wintering on the Oregon coast in 2005 (L. Kelly in litt. 2005). During the survey period between 1990 and 2005, at least 9 Oregon locations (Appendix B) have been used by wintering plovers. Probably as many as 2,500 plovers overwinter along the mainland California coast, and hundreds more at San Francisco Bay and in the Channel Islands (Appendix B, Page et al. 1986). The majority of wintering western snowy plovers on the California coast are found from Bodega Bay, Sonoma County, southward (Page et al. 1986). Appendix B gives the range of years over which each state's data was collected as well as the minimum and maximum number of western snowy plovers inventoried. Nesting westem snowy plovers from the Oregon coast have wintered as far south as Monterey Bay, Califomia; those from Monterey Bay in central California have wintered north to Bandon, Oregon, and south to Laguna Ojo de Liebre, Baja California, Mexico (Page et al. 1995a); and those from San Diego in southern 19 California have wintered north to Vandenberg Air Force Base in Santa Barbara County and south to Laguna Ojo de Liebre, Baja California., Mexico (Powell et al. 1995, 1996, 1997). In winter, western snowy plovers are found on many of the beaches used for nesting, as well as some beaches where they do not nest (Appendix B). They also occur in man-made salt ponds and on estuarine sand and mud flats. In California, the majority of wintering western snowy plovers concentrate on sand spits and dune -backed beaches. Some also occur on urban and bluff -backed beaches, which are rarely used for nesting (Page et al. 1986). Pocket beaches at the mouths of creeks and rivers on otherwise rocky shorelines are used by wintering western snowy plovers south, but not north, of San Mateo County, California. b. Site Fidelity Western snowy plovers that breed on the coast and inland are very site faithful in winter (Point Reyes Bird Observatory unpublished data). For example, after 166 adults and 204 chicks were banded at Lake Abert, Oregon during summer, many were subsequently found along the California and Baja California, Mexico coasts. Of those for which a wintering location was identified, 67 percent of the adult males, 73 percent of the adult females, and 60 percent of the birds banded as chicks (immatures) were found at the same winter location in at least 2 consecutive years; and 33 percent of the males, 32 percent of the females, and 35 percent of the immatures for at least 3 years (Page et al. 1995b). c. Behavior Western snowy plovers are typically gregarious in winter. Although some individuals defend territories on beaches, most usually roost in loose flocks; frequently western snowy plovers also are observed foraging in loose flocks (Page et al. 1995a). Roosting western snowy plovers usually sit in small depressions in the sand, or in the lee of kelp, other debris, or small dunes (Page et al. 1995a). Sitting behind debris or in depressions provides some shelter from the wind and probably makes the birds more difficult for predators to detect. When roosting western snowy plovers are disturbed, they frequently run a few meters to a new 20 spot where they sometimes displace other individuals. Alternatively, the whole flock may fly to a new location. C. POPULATION STATUS AND TRENDS 1. Historical Trends Historical records indicate that nesting western snowy plovers were once more widely distributed and abundant in coastal Washington, Oregon, and California. a. Washington Coast In Washington, western snowy plovers formerly nested at five coastal locations (Washington Department of Fish and Wildlife 1995). Three of these sites have had active nesting in recent years, as summarized in Table 1. One new site was also recently discovered in 2006. Populations appear to have increased overall since the early 1990s, although consistent, intensive surveys have been conducted only since the mid- 1990s. Quantitative comparisons prior to that are not possible because of the inconsistency in surveys. Estimated numbers ofbreeding adults (Table 1) substantially exceed window survey data (M. Jensen in litt. 2006), partially because of adverse weather during window survey periods in recent years. i. Grays Harbor County Copalis Spit (WA-1) held 6 to 12 western snowy plover pairs in the late 1950s or early 1960s (Washington Department of Fish and Wildlife 1995). No other information on breeding at Copalis Spit is available. Suitable habitat was judged capable of supporting four pairs in 1984 (Washington Department of Fish and Wildlife 1995). Periodic surveys since 1983 have revealed just a single western snowy plover (Washington Department of Fish and Wildlife unpubl. data). Two post season juvenile western snowy plovers were observed at Copalis Spit in 2001 (Sundstrom 2002a). There is no longer vehicle access to the site since the road washed out several years ago, which has reduced the potential for disturbance from recreational activities. Erosion caused by the northward shift of Connor 21 Creek has reduced the amount of habitat, but some suitable habitat remains at the end of the spit and the area has potential as a nesting site with habitat restoration and public education (U.S. Fish and Wildlife Service 2005, M. Jensen in litt. 2006). Damon Point and Oyhut Wildlife Area (WA-2) lack western snowy plover records prior to 1971, but this is likely due to limited visitation rather than western snowy plover absence. Between 1971 and 1983, birders reported up to six western snowy plovers during infrequent visits -to Damon Point (Washington Department of Fish and Wildlife 1995). Western snowy plover research in 1985 and 1986 revealed up to 20 western snowy plovers and 8 nests at Damon Point (Anthony 1987). Although most of the locality is suitable habitat, increasing levels of public use have reduced the secure nesting areas to a small portion of the site that is difficult to access, and the breeding population has declined over the last two decades (M. Jensen in litt. 2006). From 1993 to 2006 the number of adults at Damon Point has ranged from 2 to 10 (Table 1). Only one nest was found in 2006 (Pearson et al. 2006). Westport Spit (WA-3) held low numbers of western snowy plovers from before 1915 until at least 1968, and scientific collecting was concentrated there through 1934 (Washington Department of Fish and Wildlife 1995). A single nest, poorly documented, was reported in 1983 (Washington Department of Fish and Wildlife unpublished data). No other quantitative information on abundance or nesting is available for this site. Erosion of the site has rendered the beach too narrow to support successful nesting, and there is little opportunity for habitat restoration through beachgrass removal due to private ownership of upland dune habitat (M. Jensen in litt. 2006). Recreational use is also substantial. This location is no longer being surveyed due to lack of suitable habitat. ii. Pacific County Midway Beach (WA-4) and Cape Shoalwater once contained several hundred acres of suitable western snowy plover habitat, but the area lacks historical records of these birds except for specimens collected in 1914 and 1960 and labeled "Tokeland" (Washington Department of Fish and Wildlife 1995). In 22 recent years, Midway Beach has been accreting sand and creating high quality habitat. Recent nesting was first documented in 1998 (Richardson et al. 2000). Numbers of breeding adults have increased since 1998, and during 2003-2006 the numbers of adults during the breeding season have ranged from 23-33, with a peak number of 30 nests (M. Jensen in litt. 2006; Pearson et al. 2006). Approximately one third of the habitat is on State Park land with controlled access; on the privately owned land recreational disturbance is fairly high and contributes to high rates of nest failure. In 2006, western snowy plovers were discovered nesting on Graveyard Spit in northern Willapa Bay, which is primarily on the Shoalwater Indian Reservation and State lands (M. Jensen in litt. 2006; Pearson et al. 2006). Three pairs of plovers used the spit in 2006 and produced three fledglings. Leadbetter Point (WA-5) was rarely visited by western snowy plover observers prior to 1964. In the 1960s and 1970s, birders reported up to 35 western snowy plovers, with nesting confirmed in 1967 by the sighting of two chicks (Washington Department of Fish and Wildlife 1995). Western snowy plover numbers were estimated at up to 24 individuals and between 7 and 11 nests during surveys done between 1978 to 1997 (Widrig 1980, 1981; Willapa National Wildlife Refuge unpublished data; Williamson 1995, 1996, 1997). Numbers increased slightly from 1998-2006, with numbers ranging from 24 to 45 adults present (Table 1). The distribution of nesting by western snowy plovers has changed, however, with recent habitat loss from erosion on the tip of Leadbetter Point and shifting of nesting southwards. Since 2002 the refuge has cleared 25 hectares (63 acres) of non-native beachgrass and the habitat restoration site has been consistently used by nesting plovers. Western snowy plovers are also nesting in Leadbetter State Park and State-owned lands south of the Park. Use of predator exclosures at the refuge since 2004 has greatly improved hatching success in the habitat restoration area and outer beach. Gunpowder Sands Island became intertidal in 2001 and no longer is suitable for nesting western snowy plovers (K. Brennan in litt. 2006). 23 Table 1. Status of western snowy plovers at four nesting sites in Washington (Sundstrom-Bagley et. al. 2000; Jaques 2001; Sundstrom 2001, 2002a, 2002b, 2003, 2004, 2005; Brennan and Jaques 2002; Brennan 2003; Brennan and Fernandez 2004a, 2004b, 2006; Pearson et al. 2006). Year Estimated Number of Adults Present Leadbetter Point Midway Beach Damon Point Graveyar d Spit Total 1993 16 - 7 - 23 1994 13 - 6 - 19 1995 25 0 9 - 34 1996 19 0 4 - 23 1997 21 0 3 - 24 1998 45 6 5 - 56 1999 26 12 5 - 43 2000 25 21 4 - 50 2001 27 14 4 - 45 2002 32 23 4 - 59 2003 30 33 5 - 68 2004 24 19 10 - 53 2005 38 25 5 - 68 2006 39 23 2 6 70 b. Oregon Coast In Oregon, western snowy plovers historically nested at over 20 sites on the coast. At present only seven core nesting sites are consistently used, with a few additional areas occupied during some years (tauten et al. 2006a, 2006b). Annual window surveys of western snowy plovers in Oregon (Table 2), including both adults and young of the year, began in 1978, with counts ranging from a high of 139 at 13 sites (1981) to a low of 30 observed at 9 sites (1992). Populations reached a low from 1991 to 1993 with a mean of 33 individuals recorded annually. From 1994 to 2006 western snowy plover numbers have generally 24 Table 2. Number of adult western snowy plovers observed on window surveys of the Oregon coast during the breeding season (1978-2006). Window surveys record the number of birds seen during 1-day censuses in May to June (Lauten et al. 2006a, 2006b). Year Number Year Number 1978 93 1993 45 1979 100 1994 51 1980 80 1995 64 1981 139 1996 85 1982 78 1997 73 1983 52 1998 57 1984 46 1999 49 1985 48 2000 no surveys conducted 1986 73 2001 71 1987 61 2002 71 1988 53 2003 63 1989 58 2004 82 1990 59 2005 100 1991 35 2006 91 1992 30 increased, with an average of 71 plovers observed. The increase in the numbers of plovers observed in recent years is believed to be related to intensive management that began at the time of Federal listing. Since 1993, the population on the Oregon coast has been intensively monitored, with many of the adults and chicks being uniquely color -banded. The presence of marked birds has allowed for the development of two other means of estimating the population (Table 3, Lauten et al. 2006b). The number of western snowy plovers, as indicated by the three indices in Table 3, has increased between 1993 and 1997, declined in 1998/1999, then increased again through 2006. The trends 25 Table 3. Comparison of population estimates of adult western snowy plovers on the Oregon coast during the breeding season (1993 to 2005) based on three different measures of abundance (Lauten et al. 2006a, 2006b). FYear Estimates A B C F1993 45 55 to 61 72 F1994 51 67 83 1995 64 F 94 120 1996 85 110 to 113 134 to 137 1997 73 F 106 to 1 10 141 1998 57 F 75 97 1999 45 F 77 95 to 96 F2000 no survey 89 109 F2001 71 F 79 to 80 111 to 113 2002 71 80 99 to 102 F2003 63 F 93 102 to 107 F2004 82 F 120 136 to 142 F2005 100 F 104 153 to 158 2006 91 135 177 to 179 A = Window census. B = Estimated number of breeding adults. This number is lower than those in column C because it is an estimate of the number of individual birds thought to be breeding birds. C = Total number of individual adults present during breeding season (includes depredated adults). for all three indices remained relatively consistent throughout that measurement period. Management measures (Lauten et al. 2006a, 2006b) have included the use of exclosures to reduce predation, predator control measures, restoration of breeding habitat by removing European beachgrass (Ammophila arenaria), increased presence of law enforcement personnel, additional and improved signs, additional symbolic fencing (consisting of one or two strands of light -weight string or cable 26 tied between posts to delineate areas where pedestrians and vehicles should not enter), and increased efforts on public information and education. c. California Coast i. Coastwide Perspective In California, there also has been a significant decline in breeding locations, especially in southern California. By the late 1970s, nesting western snowy plovers were absent from 33 of 53 locations with breeding records prior to 1970 (Page and Stenzel 1981). The first quantitative data on the abundance of western snowy plovers along the California coast came from window surveys conducted during the 1977 to 1980 breeding seasons by Point Reyes Bird Observatory (Page and Stenzel 1981). An estimated 1,593 adult western snowy plovers were seen on these pioneer surveys (Table 4). The surveys suggested that the western snowy plover had disappeared from significant parts of its coastal California breeding range by 1980. It no longer bred along the beach at Mission Bay or at Buena Vista Lagoon in San Diego County. In Orange County, the only remaining breeding location was the Bolsa Chica wetlands; historically, the western snowy plover was known to breed along the beach from Upper Newport Bay to Anaheim Bay. It was absent from Los Angeles County where it formerly nested along the shores of Santa Monica Bay. In Ventura County, it had ceased breeding on Ventura Beach (San Buenaventura Beach), and in Santa Barbara County on Carpinteria, Santa Barbara (East Beach), and Goleta Beaches. Nesting no longer occurred along the northernmost portion of Monterey Bay in Santa Cruz County or on Doran Beach at Bo dega Harbor in Sonoma County. Subsequent coast -wide surveys by Point Reyes Bird Observatory in 1989 and 1991 indicated a further decline in numbers of breeding adult western snowy plovers during the decade after the 1977 to 1980 survey. Along the mainland coast, including the shores of the Channel Islands, western snowy plover populations had declined by about 5 percent, and in San Francisco Bay by about 44 percent (Table 4). 27 Table 4. Number of adult western snowy plovers observed during breeding season window surveys of the California coast. Location 1977/80 1989 1991 1995 2000 2002 2003 2004 2005 2006 Del Norte County 11 8 3 0 0 0 0 0 0 0 Humboldt County 54 32 30 19 39 49 38 37 32 49 Mendocino County 15 2 0 - 1 0 1 3 9 3 Sonoma County 0 10 9 3 0 —0 -1-0 0 5 0 Marin County 40 24 25 8 21 25 17 26 22 16 San Mateo County (me]. SF beaches) 4 8 1 - 4 3 4 17 3 7 Northern Santa Cruz County 25 19 F22 26 19 9 2 2 3 4 Monterey Bay 146 146 119 125 120 270 279 331 297 317 Point Sur 3 4 8 5 6 5 7 13 Northern San Luis Obispo County 9 71 1 3 0 3 12 15 Morro Bay Area 80 126 87 85 113 150 172 268 259 167 Pismo Beach/Santa Maria River 45 123 246 124 81 170 137 167 200 211 Vandenberg AFB 119 115 242 213 106 179 256 420 259 245 Jalama Beach 0 1 1 0 0 0 0 0 0 0 Hollister Ranch 8 - - - - - - - Coal Oil Point (Devereaux) vicinity - - - 8 26 30 30 39 Oxnard Lowland 136 175 105 69 107 164 80 119 110 125 Channel Islands (288)' 217 200 196 89 79 90 82 99 115 Orange County 19 21 5 9 27 38 31 31 66 62 Northern San Diego County 160 72 48 49 63 80 145 159 107 141 Mission Beach - - - - - 1 0 - San Diego Bay 60 36 31 33 73 61 76 76 30 81 Tijuana Estuary 37 21 4 10 8 16 12 14 6 14 Subtotal 1,242 1,160 1,195 969 880 1,309 1,372 1,791 1,556 1,624 S San Francisco Bay 351 216 - 96 78 72 113 124 99 Total 1593 1376 tft - 976 1387 1444 1904 1680 1723 1 260 adults during the survey, 28 additional adults extrapolated for unsurveyed portions of Santa Rosa Island. The more recent coast -wide surveys, during the summers of 1995, 2000, and 2002- 2006, were accomplished through the collaboration of researchers studying western snowy plovers along the California coast. Between the 1977 to 1980 surveys and the 1995 survey, western snowy plovers apparently ceased nesting at Los Penasquitos, and Agua Hedionda Lagoons in northern San Diego County (A. Powell, pers. comm. 1998). Nesting has been absent or sporadic at San Elijo Lagoon; Afio Nuevo State Beach and Pescadero State Beach in San Mateo County; Bolinas Lagoon in Marin County; the south and north spits of Humboldt Bay and Big Lagoon in Humboldt County, and the Lake Talawa region of Del Norte County (Point Reyes Bird Observatory, unpublished data). By 2000 populations had declined further to 71 percent of the 1977-1980 levels along the California coast and 27 percent of the 1977-1980 levels in San Francisco Bay. However, since then populations have grown substantially, roughly doubling along the coast while fluctuating irregularly in San Francisco Bay (Table 4). Recent population increases along the coast have been associated with implementation of management actions for the benefit of western snowy plovers and California least terns, including predator management and protection and restoration of habitat. ii. Regional Perspective Del Norte, Humboldt, and Mendocino Counties - Numbers of western snowy plover breeding adults declined and then somewhat rebounded in this northern California region since the initial Point Reyes Bird Observatory survey in 1977. In this region where there were 80 adults counted in 1977, a low of 19 were found in 1995 and 52 in 2006. In 1996, breeding was documented on the gravel bars of the Eel River, Humboldt County, and this area has continued to be a successful nesting site for western snowy plover breeding (Colwell et al. 2002, 2005). Even with the nest success at the gravel bars there is still a reduction in western snowy plovers from 1977; Del Norte County has no breeding birds, and Mendocino County has very few. San Francisco Bay - As indicated in Table 4, western snowy plover numbers in San Francisco Bay declined markedly between the initial survey in 1978 and follow- up surveys. Western snowy plover numbers steadily declined over 26 years, 29 reaching a low of 72 in 2003, followed by a moderate but irregular increase (124 in 2005 surveys; 99 in 2006). Recent surveys in South San Francisco Bay (Strong and Dakin 2004, Strong et al. 2004, Tucci et al. 2006) indicate that the largest breeding populations are concentrated at Eden Landing Ecological Reserve/Baumberg North (CA-33), managed by California Department of Fish and Game. Other population centers occur at Oliver Salt Ponds (CA-31), managed by Hayward Area Recreation District and East Bay Regional Parks District; and at Dumbarton (CA-36), Warm Springs (CA-39), Alviso (CA-41), and Ravenswood (CA-44), managed by Don Edwards San Francisco Bay National Wildlife Refuge. Foraging and nesting activities are concentrated in specific salt ponds within these areas. Small numbers of western snowy plovers have been observed at Ponds 7 and 7A in Napa County (CA-25 and vicinity), the only currently known nesting site in the North Bay. Sonoma, Marin, San Francisco, San Mateo, Santa Cruz, and Monterey Counties - Along the segment of coastline from Sonoma County to Monterey Bay, numbers of western snowy plover adults during window surveys declined from 215 in 1977 to 162 in 1995, and subsequently increased to a maximum of 376 in 2004. The numbers of adults breeding on the beaches and salt ponds of Monterey Bay, and the beaches of northern Santa Cruz County, has increased dramatically since management actions have been undertaken to increase nesting success (Neuman et al. 2004; G. Page in litt. 2004b) San Luis Obispo, Santa Barbara, and Ventura Counties, including Channel Islands - There is no clear evidence of an overall decline in the number of breeding western snowy plovers for this region from 1978/1980 to the present. Numbers of adults fluctuated between a high of 1089 and a low of 497 between 1978 and 2006. While numbers for the region may not have changed overall, there have been definite changes at specific locations (Table 5). Most notable are the decline and loss of the population on San Miguel Island from 1978 /1980 to 2000, the decline at Santa Rosa Island from 1991 to 2006, and the sudden increase in numbers at Vandenberg Air Force Base between 2000 and 2004 and at Coal Oil Point Reserve between 2002 and 2006 (Table 4). 30 Table 5. Breeding season window surveys of western snowy plover adults at selected sites along the coast of San Luis Obispo, Santa Barbara, and Ventura Counties. Location Year 1978 1989 1991 1995 1996 1997 1998 2000 2002 2003 2004 2005 2006 -80 Atascadero 0 17 2 38 28 23 26 5 19 23 21 21 24 Beach Morro Bay 80 94 69 34 40 39 55 87 93 114 203 205 120 Spit Vandenberg 119 115 242 213 230 238 130 106 179 256 420 259 245 AFB 1 Ormond 25 24 34 20 19 34 19 10 35 19 28 21 22 Beach Naval Base 82 81 59 40 49 26 47 81 85 51 75 83 79 Ventura County (Pt. Mugu) Santa Rosa 84 91 103 71 78 79 76 17 10 --- --- 37 19 Island 2 San Miguel 133 36 19 9 3 5 1 0 0 0 0 --- 0 Island 2 San Nicolas 71 90 78 116 104 91 90 72 69 90 79 62 96 Island 3 Total 594 548 606 541 551 535 444 378 490 553 826 688 605 Unless footnoted, the source of all data is Point Reyes Bird Observatory. The source of this data is the U.S. Air Force (Phil Persons) The source of this data is the National Park Service The source of this data is the U.S. Navy 31 Los Angeles, Orange, and San Diego Counties - Western snowy plover numbers detected during window surveys declined from the 276 adults tallied during the 1978 Point Reyes Bird Observatory surveyto 88 during the 1991 survey. Subsequently the population has increased to 298 in 2006. 2. Current Breeding Distribution The current Pacific coast breeding range of the westem snowy plover extends from Damon Point, Washington, to Bahia Magdelena, Baja California, Mexico. The population is sparse in Washington, Oregon, and northern California. In 2006, estimated populations were 70 adults along the Washington coast (Pearson et al. 2006), 177-179 adults along coastal Oregon (Lauten et al. 2006b), and 2,231 adults in coastal California and San Francisco Bay (window survey including correction factor: G. Page in litt. 2006, U.S. Fish and Wildlife Service 2006a). Approximately 7 percent of the California population was observed in San Francisco Bay, and 4 percent in northern California north of the Golden Gate bridge. Along the coast of Baja California, Mexico, most nesting western snowy plovers are associated with the largest wetlands, especially Bahia San Quintin, Laguna Ojo de Liebre, and Bahia Magdelena (Palacios et al. 1994). No recent quantitative data exist on the western snowy plover population in Baja California, but it is probably roughly similar in size to the U.S. Pacific coast population. 3. Habitat Carrying Capacity There is no quantitative information on carrying capacity of beaches for western snowy plovers. Determining carrying capacity of beaches is confounded by human use that affects the numbers of snowy plovers using the beaches. Beaches vary substantially in their structure, width, vegetation, and level of human use, complicating such a measurement. The maximum reported breeding density of western snowy plovers is associated with the Moss Landing Wildlife Area, where since 1995 Point Reyes Bird Observatory staff have conducted intensive management specifically for western snowy plovers. These measures include predator control, removal of excessive vegetation, and operation of water control structures to maintain desired water 32 levels. With extensive management of approximately 55 hectares (138 acres) of mostly dried ponds in the Moss Landing Wildlife Area, 25 active nests, 3 pairs within 5 days of initiating nests, and 10 broods have been documented simultaneously, thus a peak of 76 nesting adults was accommodated simultaneously by 55 hectares (138 acres) of playa, or 1.4 hectares (3.6 acres) per functional pair (some of the broods were only being cared for by males) (D. George, Point Reyes Bird Observatory, pers. comm.). However, the numbers of nesting western snowy plovers at the Moss Landing Wildlife Area cannot be applied to beach areas because of the physical differences between salt pond and beach habitats and because beach habitats are typically subject to much more human disturbance. Neither can these numbers necessarily be applied to other salt ponds (e.g., San Francisco Bay) because habitat and management opportunities differ. D. REASONS FOR DECLINE AND CONTINUING THREATS Overall, westem snowy plover numbers have declined on the U.S. Pacific coast over the past century (see Population Status and Trends section). The subspecies faces multiple threats throughout its Pacific coast range. The reasons for decline and degree of threats vary by geographic location; however, the primary threat is habitat destruction and degradation. Habitat loss and degradation can be primarily attributed to human disturbance, urban development, introduced beachgrass (Ammophila spp.), and expanding predator populations. Natural factors, such as inclement weather, have also affected the quality and quantity of western snowy plover habitat (U.S. Fish and Wildlife Service 1993a). The following discussion is organized according to the five listing criteria under section 4(a)(1) of the Endangered Species Act. 1. The Present or Threatened Destruction, Modification, or Curtailment of Habitat or Range a. Shoreline Stabilization and Development The wide, flat, sparsely -vegetated beach strands preferred by western snowy plovers are an unstable habitat, subject to the dynamic processes of accretion and erosion of sand, and dependent on natural forces for replenishment and renewal. These 33 habitats are highly susceptible to degradation by construction of seawalls, breakwaters, jetties, piers, homes, hotels, parking lots, access roads, trails, bike paths, day -use parks, marinas, ferry terminals, recreational facilities, and support services that may cause direct and indirect losses of breeding and wintering habitat for the western snowy plover. Beach stabilization efforts may interfere with coastal dune formation and cause beach erosion and loss of western snowy plover nesting and wintering habitat. Shoreline stabilization features such as jetties and groins may cause significant habitat degradation by robbing sand from the downdrift shoreline (U.S. Fish and Wildlife Service 1996a). However, jetties also can redirect sand deposition, causing an increase in available habitat. Construction of homes, resorts, and parking lots on coastal sand dunes constitutes irrevocable loss of habitat for western snowy plovers. Urban development has permanently eliminated valuable nesting habitat on beaches in southern Washington (Brittell et al. 1976), Oregon (Oregon Department of Fish and Wildlife 1994), and California (Page and Stenzel 1981). In addition to causing direct loss of habitat, there are additional potential adverse impacts to western snowy plovers from urban development (Figure 5). Increased development increases human use of the beach, thereby increasing disturbance to nesting plovers. When urban areas interface with natural habitat areas, the value of breeding and wintering habitat to native species may be diminished by increased levels of illumination at night (e.g., building and parking lot lights); increased sound and vibration levels; and pollution drift (e.g., pesticides) (Kelly and Rotenberry 1996/1997). Beach raking removes habitat features for both plovers and their prey, and precludes nests from being established. Also, construction of residential development in or near western snowy plover habitat attracts predators, including domestic cats. b. Resource Extraction i. Sand Removal and Beach Nourishment Sand is mined in coastal areas such as Monterey Bay. Mining sand from the coastal mid -dunes and surf zone can cause erosion and loss of western snowy plover breeding and wintering habitat. Sand removal by heavymachinery can disturb 34 Figure 5. New housing development next to beach at Monterey Bay, California (photo by Peter Baye, with permission). incubating western snowy plovers, destroy their nests or chicks, and result in the loss of invertebrates and natural wave -cast kelp and other debris that western snowy plovers use for foraging. Mining of surface sand from the 1930s through the 1970s at Spanish Bay in Monterey County degraded a network of dunes by lowering the surface elevations, removing sand to granite bedrock in many locations, and creating impervious surfaces that supported little to no native vegetation (Guinon 1988). Beach nourishment with sand can be beneficial for the western snowy plover if it results in an increase in habitat. However, unless beach nourishment projects are properly designed, they can result in changes to beach slope from redeposition of sediments by storm waves, and result in the loss of western snowy plover breeding and wintering habitat. For example, if an inappropriate size class of sand (e.g., coarser -grained sand) and range of minerals are introduced that are different from the current composition of native sand on a beach, it can alter dune slope (making it steeper or narrower), affect mobility and color of sand, decrease the abundance of beach invertebrates, and facilitate establishment of invasive exotic plants that may 35 have a competitive advantage over native plants. Feeney and Maffei (1991) investigated the color hues of the ground surface within San Francisco Bay salt ponds used as western snowy plover nesting habitat. Predominant soils were silty clay with varying amounts of humus, salt crystals, and shell fragments. They found a strong similarity between the color of the substrate in habitat preferred by western snowy plovers and the color of western snowy plover mantles (upper parts). ii. Dredging and Disposal of Dredged Materials Dredging is detrimental to western snowy plovers when it eliminates habitat or alters natural patterns of beach erosion and deposition that maintain habitat. Disturbances associated with dredging, such as placement of pipes, disposal of dredged materials, or noise, also may negatively affect breeding and wintering western snowy plovers. Dredging also is detrimental when it promotes water - oriented developments that increase recreational access to western snowy plover habitat (e.g., marinas, boat ramps, or other facilities to support water -based recreation). In some cases, however, dredged materials may provide important nesting habitat for western snowy plovers such as those at Coos Bay, Oregon (Wilson -Jacobs and Dorsey 1985). Western snowy plovers also have been observed using dredged material during the winter; however, these areas are not used nearly as often as the adjacent ocean beach (E.Y. Zielinski and R.W. Williams in litt. 1999). iii. Driftwood Removal Driftwood can be an important component of western snowy plover breeding and wintering habitat. Driftwood contributes to dune -building and adds organic matter to the sand as it decays (Washington Department of Fish and Wildlife 1995). Additionally, driftwood provides western snowy plovers with year-round protection from wind and blowing sand. Often, western snowy plovers build nests beside driftwood, so its removal may reduce the number of suitable nesting sites. Driftwood removed for firewood or decorative items can result in destruction of nests and newly -hatched chicks that frequently crouch by driftwood to hide from predators and people. Chainsaw noise may disrupt nesting, and vehicles used to 36 haul wood may crush nests and chicks. Removal of driftwood has been documented as a source of nest destruction at Vandenberg Air Force Base where two nests were crushed beneath driftwood dragged to beach fire sites (Persons 1994). Also, driftwood beach structures built by visitors are used by avian predators of western snowy plover chicks such as loggerhead shrikes (Lanius ludovicianus) and American kestrels (Falco sparverius), and predators of adults such as merlins (Falco columbarius) and peregrine falcons (Falco peregrinus). Although driftwood is an important component of western snowy plover habitat, too much driftwood on a beach, which may occur after frequent and prolonged storm events, can be detrimental if there is not sufficient open habitat to induce the birds to nest. iv. Beach Fires and Camping Beach fires and camping may be harmful to nesting western snowy plovers when valuable driftwood is destroyed, as described above. Camping near breeding locations can cause greater impacts due to the prolonged disturbance and increased chance for possible direct mortality from associated dogs and children (S. Richardson in litt. 2001). Nighttime collecting of wood increases the risk of stepping on nests and chicks, which are difficult to see even during daylight hours. Fires near a western snowy plover nest could cause nest abandonment due to disturbance from human activities, light, and smoke. Fires have the potential to attract large groups of people and result in an increase of garbage, which attracts scavengers such as gulls (Lanus spp.) and predators such as coyotes (Canis latrans), American crows (Corvus brachyrhynchos), and common ravens (Corvus corax). Also, after fires are abandoned, predators such as coyotes may be attracted into the area by odors lingering from the fire, particularly if it was used for cooking. Occasionally fires escape into nearby driftwood; fire suppression activities may disturb and threaten western snowy plover nests and chicks. v. Watercourse Diversion, Impoundment, or Stabilization Water diversion and impoundment of creeks and rivers may negatively affect western snowy plover habitat by reducing sand delivery to beaches and degrading 37 water quality. Water diversions are a major threat to western snowyplovers when they impair hydrologic processes (such as migration of creek and river mouths) that maintain open habitat at river and creek mouths by retarding the spread of introduced beachgrass (Ammophila spp.) and other vegetation. Water diversion, impoundment, or stabilization activities could include construction of dams and irrigation, flood control, and municipal water development projects (Powell et al. 2002). vi. Operation of Salt Ponds Salt ponds of San Francisco Bay and San Diego Bay, which are filled and drained as part of the salt production process, provide breeding and wintering habitat for western snowy plovers. Dry salt ponds and unvegetated salt pond levees are used as western snowy plover nesting habitat. Ponds with shallow water provide important foraging habitat for western snowy plovers, with ponds of low and medium salinity providing the highest invertebrate densities. Ponds of high salinity have reduced invertebrate densities and therefore provide lower quality foraging habitat. Nesting western snowy plovers can be attracted to an area when ponds are drained during the breeding season, but flooding can then destroy the nests when the ponds are refilled. Also, human disturbance resulting from maintenance activities associated with the operation of commercial salt ponds can result in the loss of western snowy plovers and disturbance of their habitat. If conducted during the western snowy plover breeding season, reconstruction of salt pond levees could destroy western snowy plovernests. Maintenance activities that are conducted byvehicles, on foot, or through the use of dredging equipment could result in direct mortality or harassment of western snowy plovers (See Dredging, Pedestrian, and Motorized Vehicle sections). c. Encroachment of Introduced Beachgrass and Other Nonnative Vegetation One of the most significant causes of habitat loss for coastal breeding western snowy plovers has been the encroachment of introduced European beachgrass (Ammophila arenaria) and American beachgrass (Ammophila breviligulata). Foredunes dominated by introduced beachgrass have replaced the original low, rounded, open mounds formed by the native American dunegrass (Leymus mollis) and other beach plants. Native dune plants do not bind sand like Ammophila spp., and thus allow for sand movement and regenerating open expanses of sand. However, Ammophila spp. forms a dense cover that excludes many native taxa. On beaches dominated by this invasive grass, species richness of vegetation is halved, in comparison with foredunes dominated by native dune grass (Barbour and Major 1990). Similarly, American beachgrass greatly depresses the diversity of native dune plant species (Seabloom and Wiedemann 1994). European beachgrass was introduced to the west coast around 1898 to stabilize dunes (Wiedemann 1987). Since then, it has spread up and down the coast and now is found from British Columbia to Ventura County in southern California. This invasive species is a rhizomatous grass that sprouts from root segments, with a natural ability to spread rapidly. Its most vigorous growth occurs in areas of wind- blown sand, primarily just above the high -tide line, and it thrives on burial under shifting sand. In 1988, European beachgrass was considered a major dune plant at about 50 percent of western snowy plover breeding areas in California and all of those in Oregon and Washington (J. Myers in litt. 1988). American beachgrass is native to the East coast and Great Lakes region of North America. The densest populations of American beachgrass on the Pacific coast are currently located between the mouth of the Columbia River and Westport, Washington. Like European beachgrass, American beachgrass is dominant on the mobile sands of the foredune and rapidly spreads through rhizome fragments. American beachgrass occurs along the entire coast of Washington, ranging from Shi Shi Beach, Washington, in the north, to Sand Lake, Oregon, in the south, although its frequency decreases markedly at the northern and southern limits of this range. Currently, American beachgrass is the dominant introduced beachgrass species in much of the western snowy plover range in the State of Washington (Seabloom and Wiedemann 1994). Stabilizing sand dunes with introduced beachgrass has reduced the amount of unvegetated area above the tideline, decreased the width of the beach, and increased its slope (Wiedemann 1987). These changes have reduced the amount of potential western snowy plover nesting habitat on many beaches and may hamper brood movements. In Oregon, the beachgrass community may provide habitat for western 39 snowy ploverpredators (e.g., skunks [Mephitis spp.], weasels [Mustela spp.], coyotes [Canis latrans], foxes [Urocyon cinereoargenteus and Vulpes vulpes.], raccoons [Procyon lotor], and feral cats [Felis domesticus]) that historically would have been largely precluded by the lack of cover in the dune community (Stern et al. 1991; K. Palermo, U.S. Forest Service, pers. comm. 1998). In areas with European beachgrass, it has caused the development of a vegetated foredune that effectively blocks movement of sand inland and creates conditions favorable to the establishment of dense vegetation in the deflation plain, which occurs behind the foredunes (Wiedemann et al. 1969). In natural sand dunes, deflation plains consist of open sand ridges and flat plains at or near the water table. Thus, in areas with European beachgrass, the open features that characterize western snowy plover breeding habitat are destroyed. The establishment of European beachgrass has also caused sand spits at the mouths of small creeks and rivers to become more stable than those without vegetation because of the creation of an elevated beach profile. This elevated profile, in effect, reduces the scouring of spits during periods of high run-off and storms. A secondary effect of dune stabilization has been human development of beaches and surrounding areas (Oregon Department of Fish and Wildlife 1994). This development, in turn, has reduced available beach habitat and focused human activities on a smaller area that must be shared with western snowy plovers and other shorebirds. On the Oregon coast, the establishment of European beachgrass has produced dramatic changes in the landscape (Oregon Department of Fish and Wildlife 1994). The spread of this nonnative species was greatly enhanced by aggressive stabilization programs in Oregon in the 1930s and 1940s (Wiedemann 1987). European beachgrass spread profusely along the Washington coast, and was well established by the 1950s (Washington Department of Fish and Wildlife 1995) . In 1988, the spread of beachgrass was termed an "increasing threat" to traditional western snowy plover nesting areas at Leadbetter Point, Washington, having become established where absent only 4 years earlier (Willapa National Wildlife Refuge 1988). In California, there are many beaches where European beachgrass has established a foothold. These beaches include the dunes at Lake Earl, Humboldt Bay (from Trinidad to Centerville Beach), MacKerricher State Beach/Ten Mile Dunes Preserve, Manchester State Beach, Bodega Bay, Point Reyes National Seashore, Golden Gate National Recreation Area, Monterey Bay, Morro Bay Beach, Guadalupe-Nipomo Dunes, and Vandenberg Air Force Base (A. Pickart in litt. 1996). Chestnut (1997) studied the spread of European beachgrass at the Guadalupe-Nipomo Dunes in San Luis Obispo County. He documented an increase in beachgrass from approximately 8 to 109 hectares (20 to 270 acres) between 1969 and 1997, and found that its rapid spread through native vegetation posed a serious threat to nesting western snowy plovers and rare plants. In addition to the loss of nesting habitat, introduced beachgrass also may adversely affect western snowy plover food sources. Slobodchikoff and Doyen (1977) found that beachgrass markedly depressed the diveisity and abundance of sand -burrowing arthropods at coastal dune sites in central California. Because western snowy plovers often feed on insects well above the high -tide line, the presence of this invasive grass may also result in loss of food supplies for plovers (Stenzel et al. 1981). In some areas of California, such as the Santa Margarita River in San Diego County, and the Santa Clara and Ventura Rivers in Ventura County, giant reed (Arundo donax) has become a problem along riparian zones. During winter storms, giant reed is washed downstream and deposited at the river mouths where western snowy plovers nest (Powell et al. 1997). Large piles of dead and sprouting giant reed eliminate nesting sites and increase the presence of predators, which use it as perches and prey on rodents in the piles of vegetation. Other nonnative vegetation that has invaded coastal dunes, thereby reducing western snowy plover breeding habitat, includes Scotch broom (Cytisus scoparius), gorse (Ulex europaeus), South African iceplant (Carpobrotus edulis), pampas grass (Cortaderia jubata and Cortaderia selloana) and iceplant (Mesembryanthemum sp.); shore pine (Pinus contorta) is a native plant species that has invaded coastal dunes and resulted in similar impacts to western snowy plovers (Schwendiman 1975, California Native Plant Society 1996, Powell 1996). Many nonnative weed species also occur on and along San Francisco Bay salt pond levees, resulting in unsuitable nesting habitat for western snowy plovers (J. Albertson in litt. 1999). 41 d. Habitat Conversion for Other Special Status Species It is not known whether western snowy plovers historically nested in San Francisco Bay prior to the construction of salt evaporator ponds beginning in 1860 (Ryan and Parkin 1998). However, western snowy plovers have wintered on the San Francisco Bay since at least the late 1800's, as indicated by a specimen dated November 8, 1889, in the California Museum of Vertebrate Zoology (Grinnell et al. 1918). It is possible that natural salt ponds in the vicinity of San Lorenzo once supported nesting birds, but insufficient data exist to assess this possibility (U.S. Fish and Wildlife Service 1992). Today, however, the San Francisco Bay recovery unit supports an important western snowy plover source population, representing approximately 5 to 10 percent of the total breeding population. Feeney and Maffei (1991) observed a sizable population of western snowy plovers at the Baumberg and Oliver salt ponds during the breeding and nonbreeding seasons, suggesting that these ponds are important to western snowy plovers throughout the year. They suspected that these ponds are used by western snowy plovers as both a pre - breeding and post -breeding staging area, based on the high numbers of plovers in mid -February and in late August/September, respectively. As part of the Recovery Plan for Tidal Marsh Ecosystems of Northern and Central California (U.S. Fish and Wildlife Service, in preparation), extensive tidal marsh restoration is identified as a recovery action for listed and other sensitive species of tidal salt marshes including the California clapper rail (Rallus longirostris obsoletus) and salt marsh harvest mouse (Reithrodontomys raviventris). A large area of San Francisco Bay salt ponds, especially within the South Bay, are proposed for tidal marsh restoration for the benefit of federally listed tidal marsh species. Salt ponds are large, persistent hypersaline ponds that are intermittently flooded with South Bay water. Some of these ponds currently provide valuable breeding and wintering habitat for western snowy plovers. However, they occur within the historical areas of tidal salt marsh, which once dominated San Francisco Bay. Endangered tidal marsh species would benefit from conversion of these ponds back to salt marsh; however, western snowy plovers would lose suitable nesting and wintering areas. 42 The Recovery Plan for Tidal Marsh Ecosystems of Northern and Central California will focus primarily on management of tidal marsh species, but will also provide for some areas to be maintained as managed ponds that would provide habitat for western snowy plovers and California least terns (Sternula antillarum browni). The South Bay Salt Pond Restoration Project (Philip Williams & Associates et al. 2006) has identified sites on National Wildlife Refuge and California Department of Fish and Game lands with potential for salt marsh restoration and managed ponds under a range of alternatives; the projected area of managed ponds ranges from 647 to 3,035 hectares (1,600 to 7,500 acres). Six of the plover locations identified in Appendices B and L (CA-33, CA-34, CA-39, CA-40, CA 41, CA-44) occur within the South Bay Salt Pond Restoration Project area. These six locations comprise about 60 percent of the western snowy plover locations in San Francisco Bay by area, and currently support over 90 percent of the western snowy plover population in San Francisco Bay (Strong et al. 2004, Tucci et al. 2006). In particular, several salt ponds at Eden Landing (location CA-33 and vicinity) currently support the largest population of western snowy plovers in San Francisco Bay. Distribution of plover populations and nesting sites within San Francisco Bay can fluctuate with salt pond management and availability of appropriate habitat, such that some locations identified in Appendix L are not currently occupied and other locations not mapped in Appendix L may nonetheless support breeding birds as management practices change. Thus the boundaries of San Francisco Bay locations as mapped in Appendix L reflect current and historical conditions and should be considered as flexible in the context of planning for future tidal marsh restoration. Specific localities to be managed for plovers should be coordinated with tidal marsh restoration in an integrated fashion, and thus may not be identical with the current or historical localities identified in this recovery plan. Thus intensive management of designated ponds within the South Bay Salt Pond Restoration Project area will be crucial to achieving success in meeting western snowy plover recovery goals in San Francisco Bay. However, establishing western snowy plover populations at a variety of sites in San Francisco Bay, both within and outside the South Bay Salt Pond Restoration Project area, is advisable to minimize their vulnerability to loss (L. Trulio in litt. 2007). Potential western snowy plover habitat in San Francisco Bay outside of the South Bay Salt Pond Restoration Project area includes several sites around Alameda, Napa County, Hayward Shoreline, and 43 Crissy Field. In addition, large salt pond tracts in the South Bayremain under the ownership of Cargill; certain areas are still managed for salt production and could incidentally provide habitat for western snowy plovers, while approximately 600 hectares (1,400 acres) of ponds near Redwood City are no longer in salt production and provide an opportunity for significantly increasing western snowy plover habitat through active management. If these locations can be managed to encourage western snowy plover nesting, they may contribute substantially to meeting the overall goal of 500 breeding birds in San Francisco Bay. Western snowy plover management targets for the South Bay Salt Pond Restoration Project should take into account the habitat quality and management potential of plover habitat elsewhere in San Francisco Bay to meet overall goals for the recovery unit. Don Edwards San Francisco Bay National Wildlife Refuge is currently planning pilot studies to assess how best to manage salt ponds for high densities of breeding western snowy plovers. Special management for western snowy plover may include intensive control of avian predators (e.g., California gull colonies, ravens); active management of water levels to control vegetation, maintain optimal salinity, and produce brine flies; timing of inundation to avoid flooding nests; and reconfiguration of shallow salt ponds with isolated islands and furrowed areas. Locations of managed salt ponds should be planned to minimize the proximity of western snowy plover populations to landfills, gull colonies, and areas with high predator densities. Intensive management of salt ponds for western snowy plovers generally appears feasible, and plovers have been observed to opportunistically disperse among sites and use habitat that becomes suitable (V. Bloom in litt. 2005), so we expect relocation of plover nesting concentrations away from tidal marsh restoration areas to be possible, but management success should be carefully evaluated. Those alternatives with greater acreages of tidal marsh restoration (e.g., Alternative C at 90 percent tidal habitat) would require correspondingly more intensive management and reconfiguration of the remaining salt ponds (Philip Williams & Associates et al. 2006), and should be implemented gradually in conjunction with evaluation of management effectiveness for western snowy plovers. Thus, we believe tidal marsh restoration can be compatible with the recovery of western snowy plovers and should not preclude meeting a goal of 500 breeding birds in San Francisco Bay. As described below under Recovery Action 2.6, occupied salt ponds should initially be conserved. Salt marsh restoration in occupied plover habitat, particularly at densely populated sites, should be phased in after intensive adaptive management of other compensating salt pond habitat has demonstrated success in increasing plover populations. Thus habitat quality should be continually assessed so that overall western snowy plover populations in San Francisco Bay are not adversely affected by the restoration project and can increase to meet the management goal for this recovery unit. In southern California, unless carefully planned, conversion of western snowy plover habitat to tidal salt marsh may result in loss of western snowy plover habitat. The light-footed clapper rail (Rallus longirostris levipes) inhabits coastal tidal marshes from Santa Barbara County south to Baja California, Mexico. Several locations in Ventura, Orange, and San Diego Counties provide nesting and/or wintering habitat for western snowy plovers, but also provide high quality light- footed clapper rail habitat or represent high priority tidal marsh restoration sites in the recovery plan for the light-footed clapper rail (U.S. Fish and Wildlife Service 1985). These sites include Bolsa Chica, Agua Hedionda Lagoon, San Elijo Lagoon, San Dieguito Lagoon, and Los Penasquitos Lagoon. The Bolsa Chica wetlands were opened to tidal action in 2006, in a project combining tidal restoration work with construction of islands and sand flats for nesting of shorebirds and California least terns. 2.Overutilization for Commercial, Recreational, Scientific, or Education Purposes Biologists and agency personnel monitor western snowy plovers to assess population status and evaluate management techniques. Additionally, nest searches at some sites allow for placement of predator exclosures that aid in hatching success. Measures to minimize disturbance from these activities include: time limits for surveys, exclosure construction and sign/rope maintenance; conducting walking surveys where feasible; and limited entries. Egg collecting has been observed at several California nesting colonies (Stenzel et al. 1981, Warriner et al. 1986). Occasionally recreational birdwatchers also may 45 harass western snowy plovers. The significance of these factors to nesting success is uncertain but probably relatively minor. Qualified individuals may obtain permits to conduct scientific research and population census activities on western snowy plovers under section I0(a)(1)(A) of the Endangered Species Act. Specific activities that may be authorized include: population censuses and presence/absence surveys; monitoring of nesting activity; capturing, handling, weighing, measuring, banding, and color -marking of young and adults on breeding and wintering grounds; radio -telemetry studies; translocation studies; genetic studies; contaminant studies; behavioral, ecological, and life history studies; and placing predator exclosures around active nests. Short-term impacts of these activities may include harassment and possible accidental injury or death of a limited number of individual western snowy plovers. The long-term impacts will be to contribute to recovery of the species by facilitating development of more precise scientific information on status, life history, and ecology (U.S. Fish and Wildlife Service 1993b). Banding birds with metal and plastic bands to identify individuals and to monitor bird populations is a common practice. However, a number of leg injuries to western snowy plovers, possibly resulting from banding, have been reported (G. Page in litt. 2005b). These injuries include swelling and abrasion of legs possibly from sand or other particles becoming lodged between the bands and the leg. Some banding injuries appear to have resulted in foot loss and in a few instances, death of the bird. Similar injuries have been observed in piping plovers (Charadrius melodus) banded on the Atlantic coast and interior U.S., and resulted in a moratorium on banding of that species (Lingle et. al. 1999, U.S. Fish and Wildlife Service 1996a, U.S. Fish and Wildlife Service 2002). Despite leg injuries, several piping plovers were observed to successfully breed and fledge young (Lingle et. al. 1999). However, these injuries may contribute directly or indirectly to mortalities or reduce breeding performance. It should be noted that incidents of foot loss in Pacific coast western snowy plovers usually appear to result from fine fibers wrapping around the bird's ankle, and have occurred in unbanded as well as banded individuals (J. Watkins, pers. comm. 2006). Despite risk of injuries, banding remains the best technique to study population traits such as survival, recruitment, and dispersal, and may be the most effective way to monitor populations of the western snowy plover to determine effectiveness of management strategies. Currently the percentage of banded birds range -wide that become injured from banding and the impacts of banding injuries on populations of the western snowy plover are unknown; a study was initiated in 2005 by Point Reyes Bird Observatory to assess the effectiveness of alternative banding techniques in reducing injuries and band loss (G. Page in litt. 2005b). Concerns that color bands increase the vulnerability of western snowy plovers to predation by reducing effectiveness of camouflage do not appear to be supported by existing evidence. Because western snowy plovers crouch and flatten to the sand at the approach of avian predators, color bands are typically hidden from sight; terrestrial predators are evaded by running or taking flight at their approach (J. Watkins, pers. comm. 2006). 3. Disease or Predation West Nile virus, a mosquito -borne disease which can infect birds, reptiles, and mammals, has spread rapidly across the United States from the initial introduction in New England (National Audubon Society 2006). The disease has killed birds of various species in all coastal California counties since its arrival in the state in 2003 (U.S. Geological Survey 2006). In 2004 to 2006 the disease was reported from two coastal counties (Lane and Lincoln) in Oregon but has not been reported from any coastal counties in Washington (U.S. Geological Survey 2006). The deadliness of the disease varies by species; however, the virus has been identified in dead piping plovers (Charadrius melodus) and killdeer (C. vociferus), both closely related to the western snowy plover (Center for Disease Control 2004). Since 2004 numerous western snowy plovers in southern California have been found dead or exhibited neurological signs consistent with avian botulism (M. Long in litt. 2006). Confirmation of disease diagnosis is currently pending availability of specimens for autopsy. We are currently coordinating with the USGS National Wildlife Health Center to better understand the causes of these mortalities and to develop a program for treatment of ill birds diagnosed with botulism. Additionally, 32 western snowyplovers died in 2006 from unknown causes in San Diego County (U.S. Navy in litt. 2007). 47 Predator density is a significant factor affecting the quality of western snowy plover nesting habitat (Stenzel et al. 1994). Predation can result in the loss of adults, chicks, or eggs; separation of chicks from adults is also caused by the presence of predators. Powell et al. (2002) found that predation accounted for most nest failures in 1994, 1996, and 1997, in San Diego County, California. Western snowy plovers generally cannot defend themselves or their nests against predation but must rely on antipredator adaptation, including (1) pale coloration of adults, eggs, and young, which acts as camouflage against detection by predators; (2) a skulking retreat from the nest at a predator's approach; (3) extreme mobility and elusiveness of precocial young and; (4) maintenance of low nesting density (Page et al. 1983). In natural ecosystems, there is a co -evolution of the predator -prey relationship, where prey species slowly evolve with evading behavior as predator species slowly evolve effective prey -capturing behavior. However, when exotic predators are introduced into the ecosystem and thrive there, they frequently occur in much higher densities and possess more effective strategies than native predators and, hence, usually have a more severe effect. Predation, by both native and nonnative species, has been identified as a major factor limiting western snowy plover reproductive success at many Pacific coast sites. Known mammalian and avian predators of western snowy plover eggs, chicks, or adults include the following native species: gray foxes (Urocyon cinereoargenteus), Santa Rosa Island foxes (Urocyon littoralis santarosae), coyotes, striped skunks (Mephitis mephitis), spotted skunks (Spilogale putorius), raccoons, California ground squirrels (Citellus beecheyi), long-tailed weasels (Mustela frenata), American crows, common ravens (Corvus corax), ring -billed gulls (Lanus delawarensis), California gulls (Lanus californicus), western gulls (Lanus occidentalis), glaucous -winged gulls (Lanus glaucescens), gull -billed tern (Gelochelidon nilotica), American kestrels (Falco sparverius), peregrine falcons (Falco peregrinus), northern harriers (Circus cyaneus), loggerhead shrikes, merlins (Falco columbarius), great horned owls (Bubo virginianus), burrowing owls (Speotyto cunicularia), great blue herons (Ardea herodias); and the following nonnative species: eastern red foxes (Vulpes vulpes regalis), Norway rats (Rattus norvegicus), Virginia opossums (Didelphis marsupialis), domestic and feral dogs (Canis familiaris), and cats (Felis domesticus). Loss or abandonment of eggs due to predation by fire ants and Argentine ants (Iridomyrmex humilis) has also been observed (Fancher et al. 2002, Powell et al. 2002). In Oregon, nest predation by corvids (common ravens and American crows) is the major cause of nest failures. Of 63 unexclosed nests in 2005, corvid predation accounted for 22 nest failures, by comparison with 14 failures due to mammalian or unknown predators and 10 due to abandonment (Lauten et al. 2006a). Exclosures were effective in protecting nests against this threat (0 of 83 exclosed nests failed due to nest predation). American crows have been consistently documented as a major predator on western snowy plover nests along the California and Oregon coasts (Page 1990; Persons and Applegate 1997; T. Applegate, Bioresources, pers. comm. 1999; M. Stern, The Nature Conservancy, pers. comm. 1999). At Coal Oil Point, American crows were the most frequent predator on western snowy plover nests and experimentally placed quail eggs (Lafferty et al. 2006). Populations of American crows have increased in the San Francisco Bay and central California coast over the past several decades, and are positively associated with human population density (Leibezet and George 2002). Common ravens are known predators of western snowy plover eggs (Wilson -Jacobs and Dorsey 1985, Point Reyes Bird Observatory unpublished data, George 1997, Stein 1993, Point Reyes Bird Observatory unpublished data, J. Albertson in litt. 1999, Point Reyes Bird Observatory unpubl. data, Stern et al. 1991). Ravens have consistently been the most significant nest predator at Point Reyes, accounting for 69 percent of all predation events over 5 years and destroying approximately 50 percent of nests (Hickey et al. 1995). Hatching success at Point Reyes National Seashore increased after exclosures were used to protect western snowy plover nests from ravens in 1996. Approximately 12 percent of nests in San Diego County were destroyed by ravens (Powell et al. 1996, Powell et al. 1997). Raven populations in coastal California have significantly increased in recent decades (Leibezet and George 2002), and as their range expands they are becoming increasingly significant as a nest predator on western snowy plovers; ravens were observed to destroy nests in Monterey Bay for the first time in 2002 and 2003 (G. Page in litt. 2004b). In northern California ravens are the single most limiting factor on western snowy plover reproduction (Colwell et al. 2006). Ravens also prey on western snowy plover chicks, but not nearly to the extent that they do on eggs. However, at Point Reyes raven predation primarily affected chicks after exclosures were erected to protect snowy plover eggs (S. Allen in litt. 2004). Gulls pose a special threat to breeding western snowy plovers because they not only depredate nests and chicks, but also usurp and trample western snowy plover nesting habitat and crush eggs (Persons and Applegate 1997, Point Reyes Bird Observatory unpublished data, Widrig 1980, J. Albertson in litt. 1999, Page et al. 1983). The first time a gull -billed tern was found in San Diego County, California, was in 1985. Two years later they were nesting in south San Diego Bay (Unitt 2004). Since then, the nest colony has steadily increased with an estimated 52 pairs in 2006 (Patton 2006a). Gull -billed terns have become a concern to managers of beach - nesting birds in the region. Gull -billed terns were first documented taking California least terns (presumably chicks) in south San Diego Bay in 1992 (Caffrey 1993). Patton (2006a) summarizes recent incidents of gull -billed tern predation on both terns and western snowy plovers. He notes roughly 20 to 60 California least terns and 1 to 4 western snowy plover depredations by gull -billed terns and a greater number was suspected. Although the documented number of gull -billed tern depredations on western snow plovers is considerably lower than on California least terns, it is difficult to know the full extent of gull -billed tern impacts (Patton 2006b), especially for the plovers whose nests are more dispersed and less easily monitored. Unlike management of other avian predators, management of gull billed terns is problematic. The local subspecies of gull -billed tern, G. n. vanrossemi, is limited to western North America (Molina and Erwin 2006, but see Unitt 2004). The subspecies nests in scattered, localized colonies and "[i]n 2003 and 2005, the entire North American population of vanrossemi gull -billed terns ranged from about 533 to 810 pairs" (Molina and Erwin 2006). This means that this predator is considerably rarer than the listed bird species upon which it preys (California least terns and western snowy plovers), which poses a conundrum for managers of western snowy plovers and California least terns (Unitt 2004). Because of the gull- 50 billed tern's status, lethal predator control has not been used on this species since 1999 (Unitt 2004). Gull -billed terns will likely become a greater source of management concern as the local population of this species grows. Gull -billed terns have been observed at other locations of beach -nesting birds farther north from San Diego Bay, including Camp Pendleton, San Diego County (Foster 2005); Bolsa Chica, Orange County (Hamilton and Willick 1996), and Venice Beach, Los Angeles County (McCaskie and Garrett 2005). Loggerhead shrikes are not known to take westem snowy plover eggs, but do prey upon chicks and locally can have substantial effects on fledging success (Warriner et al. 1986, D. George in litt. 2001, Page et al. 1997, George 1997, Page 1988, Feeney and Maffei 1991). Although not known to be predators of western snowy plover eggs, American kestrels are predators of chicks and possibly adults (D. George, pers. comm. 1998). Fledging success increased from 9 to 64 percent after a kestrel unexpectedly disappeared from a western snowy plover nest site in Moss Landing Wildlife Area (Page et al. 1998). In 1997, a merlin was suspected of taking 13 banded adults within the period of a few days at Salinas River National Wildlife Refuge. Also, western snowy plover chicks and adults are among the avian prey of the peregrine falcon (B. Walton, University of California Santa Cruz, pers. comm. 1998; D. George, pers. comm. 1998; Feeney and Maffei 1991). Northern harriers are effective predators of western snowy plover chicks and adults. In 1987, a harrier was observed hunting on the islands in the Salinas River where only approximately one third of the hatched chicks reached fledging age (Point Reyes Bird Observatory unpubl. data). At the Moss Landing Wildlife Area, fledging success dropped from 61 to 23 percent after a harrier began foraging there (Page et al. 1997). A northern harrier was seen capturing 2 to 4 western snowy plover chicks at Moss Landing salt ponds in 2000 (D. George in litt. 2001). In recent decades, alien eastern red foxes have become a serious new predator of endangered and threatened animals in coastal habitats (Jurek 1992, Golightly et al. 1994, Lewis et al. 1993). Nonnative red foxes were imported into the southern Sacramento Valley, primarily for hunting and fur farming purposes, as early as the 1870s and experienced explosive spread in the 1970s and 1980s (Jurek 1992, Lewis 51 et al. 1993, 1995). The red fox now occurs throughout a significant portion of coastal California, including Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, Orange, and Los Angeles Counties (California Department of Fish and Game 1994). It also occurs at Monterey Bay (G. Page in litt. 1988) and San Francisco Bay (Harding et al. 1998), including the additional San Francisco Bay area counties of Napa, Solano, Contra Costa, Alameda, and Santa Clara (California Department of Fish and Game 1994). Red foxes also are present in some areas of coastal Oregon where western snowy plovers breed (D. George in litt. 2001, Lauten et al. 2006b). Red foxes have been identified as a significant predator of western snowy plover eggs in the Monterey Bay area, where they are suspected of also preying on adults and chicks. On Monterey Bay beaches, red fox depredation of western snowy plover eggs resulted in a decline in clutch hatching rate of 30 percent from 1984 to 1990. After exclosures and mammalian predator control came into use to protect nests around Monterey Bay, annual clutch hatching rates have climbed from 43 to 68 percent (Neuman et al. 2004). Predation of western snowy plover nests and chicks by red fox have been documented at Bandon Beach, New River and other portions of OR-15 on the Oregon coast. Biologists have documented red fox tracks around western snowy plover nest exclosures and have followed fox tracks back to dens located within western snowy plover nest areas. As part of the emergency response to the New Carissa oil spill in February 1999, a predator program was implemented. Animal and Plant Health Inspection Service (APHIS) Wildlife Services Division personnel removed 17 red fox from the New River area over a 3 month period (S. Richardson in litt. 2001). Ongoing predator management since 2002 has removed an average of 15 foxes per year from Bandon Beach/New River (Lauten et al. 2006b). The U.S. Department of Agriculture, Wildlife Services Branch, has been involved in predator damage management for protection of threatened and endangered species for over 10 years in California. The management of nonnative red foxes has become a controversial issue in many areas of California, particularly in coastal habitats near urban areas (California Department of Fish and Game 1994). In November 1998, California voters approved Proposition 4, which banned the use of 52 leghold traps in California. In February 1999, the U.S. District Court issued a Preliminary Declaratory Relief Order, which allows the use of padded leghold traps on Federal and non -Federal lands for the purpose of protecting threatened or endangered species. Trapping of nonnative and native predators of western snowy plovers will therefore not be affected by Proposition 4 (J. Albertson in litt. 1999). Coyotes are known predators of western snowy plover eggs in the Pismo Beach/Santa Maria River area of San Luis Obispo County (T. Applegate, pens. comm. 1996). They are the main nest predator of eggs on Vandenberg Air Force Base where they were the cause of 43 percent of all clutch losses attributed to predators from 1994 to 1997 (Persons and Applegate 1997). At Vandenberg Air Force Base, coyotes maybe attracted to marine mammal carcasses on the beach early in the western snowy plover nesting season (Page and Persons 1995). Coyotes also have been identified as predators of western snowy plover nests at Mono Lake, California (Page et al. 1983). Striped skunks have been recorded as predators of western snowy plover eggs (Hickey et al. 1995, George 1997, Page et al. 1997, Hutchinson et al. 1987, Stein 1993, Stern et al. 1991). Skunks were believed to be the main cause of nest loss on Morro Bay Spit in 1987, the only year that the reproductive success of western snowy plovers has been monitored at that location (Hutchinson et al. 1987). Persons and Ellison (2001) reported that the striped skunk was the predominant predator of nests at Morro spit, destroying 87 percent of depredated nests in 2000. Domestic and feral cats are widespread predators. The threat of predation of western snowy plovers by cats increases when housing is constructed near western snowy plover breeding habitat. As natural -appearing beaches continue to be surrounded by urban areas, western snowy plovers will increasingly be subjected to this predator in the future. Predation by cats is difficult to measure because of the difficulty in finding evidence of bird remains, but they are known to take western snowy plover adults and eggs (B. Farner, pers. comm. in Powell and Collier 1994; Page 1988; D. George in litt. 2001). Predation, while predominantly a natural phenomenon, is exacerbated through the introduction of nonnative predators and unintentional human encouragement of 53 larger populations of native predators. Elevated predation pressures result from landscape -level alterations in coastal dune habitats which, in turn, now support increased predator populations within the immediate vicinity of nesting habitat for western snowy plovers. Urbanization benefits red fox population growth by eliminating coyotes, which are the red fox's most common native predator and competitor; by providing ready sources of food, water and denning sites; and by aiding dispersion of foxes into new areas. Red foxes disperse readily in urban areas because there are no predators besides the domestic dog. Red foxes traverse most urban habitats, and readily cross busy highways and travel long distances underground through culverts (Lewis et al. 1993). Other predators, such as corvids, attracted by the presence of human activities (e.g., improper disposal of trash), may frequent beaches in increasing numbers. Gulls have greatly expanded their range and numbers, especially along the United States portion of the Pacific coast, as a result of human -supplied food sources (trash, fish offal, and dumps). Thousands of California gulls now breed in the southern part of San Francisco Bay, where only a few were present in the early 1980s (J. Albertson in litt. 1999). This population growth is attributed largely to the increase in landfills along the Bay within the last 20 years. Also, crows and ravens forage at landfills. Buick and Paton (1989) found that losses of hooded plover (Charadrius rubricollis) nests with human footprints around them were higher than at those without footprints, suggesting "that scavenging predators may use human footprints as a visual cue in locating food." Beach litter and garbage also attract predators such as skunks and coyotes (e.g., N. Read in litt. 1998). Unnatural habitat features such as landscaped vegetation (e.g., palm trees), telephone poles, transmission towers, fences, buildings, and landfills near western snowy plover nesting areas attract predators and provide them with breeding areas (e.g., J. Buffa in litt. 2004). These alterations all combine to make the coastal environment more conducive to various native and nonnative predators that adversely affect western snowy plovers. Substantial evidence exists that human activities are affecting numbers and activity patterns of predators on western snowy plovers. For example, increased depredation of western snowy plover nests by ravens at the Oliver Brothers salt pond, California, may be an indirect adverse impact of nearby installation of light structures by the California Department of Transportation and high-tension power lines by the Pacific Gas and Electric Company, thereby creating corvid nesting sites 54 (G. Page, Point Reyes Bird Observatory, pers. comm. 1997). Raven nests have also been discovered by National Wildlife Refuge biologists in transmission towers near other snowy plover nesting areas managed by the Don Edwards San Francisco Bay National Wildlife Refuge in Warm Springs, Alviso, and Mountain View (J. Buffa in litt. 2004). On the Oregon coast, predation risk by mammals has increased as a result of the spread of European beachgrass, Scotch broom, and shore pine, which has transformed vast areas of open sand into dense grass -shrub habitat, providing excellent habitat for native and nonnative mammalian predators, such as skunks, raccoons, foxes, and feral cats (Stern et al. 1991). At Vandenberg Air Force Base, coyote predation can be exacerbated by human presence when trash or debris is left behind (N. Read in litt. 1998). Signing and fencing of restricted areas on the beach may provide perches for avian predators of western snowy plover adults or chicks (Hallett et al. 1995). Although signs and fences are important conservation tools in many areas, land managers need to be aware that modifications to them may be necessary to deter predators in some circumstances. 4. The Inadequacy of Existing Regulatory Mechanisms The western snowy plover is protected by the Federal Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) and, in each state, by State law as a nongame species. The western snowy plover's breeding habitat, however, receives only limited protection from these laws (e.g., the Migratory Bird Treaty Act prohibition against taking "nests"). Listing of the western snowy plover under State endangered species laws generally provides some protection against direct take of birds, and may require State agencies to consult on their actions, but may not adequately protect habitat. State regulations, policies, and goals include mandates both for protection of beach and dune habitat and for public recreational uses of coastal areas; consequently they may conflict with protection of western snowy plovers in some cases. Section 404 of the Clean Water Act (33 U.S.C. 1251 et seq.) and section 10 of the Rivers and Harbors Act (33 U.S.C. 403) are the primary Federal laws that could provide some protection of nesting and wintering habitat of the western snowy plover that is determined by the U.S. Army Corps of Engineers (Corps) to be wetlands or historic navigable waters of the United States. These laws, however, would apply to only a 55 small fraction of the nesting and wintering areas of the western snowy plover on the Pacific coast. Aside from the Migratory Bird Treaty Act, western snowy plovers have no protection status in Mexico. To effectively recover the western snowy plover, it is necessary to develop participation plans among cooperating agencies, landowners, and conservation organizations to assure protection and appropriate management of breeding, wintering, and migration areas. Since listing of the western snowy plover in 1993, several local working groups have been developed and local governments and State and Federal agencies have cooperated extensively to implement a wide variety of western snowy plover conservation actions. These partners continue to work to implement appropriate management of coastal areas for recovery of the western snowy plover. These conservation efforts and the environmental policies of State and Federal agencies are described in greater detail in the Conservation Efforts section, below. For additional discussion of regulatory mechanisms and management actions taken by California State Parks and other entities, see U.S. Fish and Wildlife Service (2006a). 5. Other Natural or Manmade Factors Affecting Their Continued Existence a. Natural Events Western snowy plover breeding and wintering habitat is subject to constant change from weather conditions. Stenzel et al. (1994) reported that the quality and extent of western snowy plover nesting habitat is variable in both the short- and long-term. Coastal beaches increase in width and elevation during the summer through sand deposition, making marginal beaches more suitable for nesting later in the season. Over the longer term, an increase or decrease in habitat quality may occur after several years of winter storms. Based on the amount of flooding, the availability of dry flats at the edges of coastal ponds, lagoons, and man-made salt evaporators also varies within and between seasons. Therefore, the number of western snowy plovers breeding in some areas may change annually or even over one breeding season in response to natural alterations in habitat availability (Stenzel et al. 1981). 56 Because most western snowy plover nesting areas occur on unstable sandy substrates, nest losses caused by weather -related natural phenomena commonly occur. High tides and strong winds cause many nest losses. Events such as extreme high tides (Wilson 1980, Stenzel et al. 1981), river flooding (Stenzel et al. 1981), and heavy rain (Wilson 1980, Warriner et al. 1986, Page 1988) have been reported to destroy or wash away nests. The annual percentage of total nest losses attributed to weather -related phenomenon has reached 15 to 38 percent at some locations (Wilson 1980, Warriner et al. 1986, Page 1988). Stormy winters can adversely affect the western snowy plover. It is suspected that the severe storms occurring during the El Nino atmospheric and oceanic phenomenon of the winter of 1997/1998 caused a 10 to 30 percent decline in the 1998 western snowy plover breeding population, depending on the coastal region. In all monitored recovery units, the number of breeding birds in 1998 was lower than in the 1997 nesting season. Additionally, a very wet spring resulted in a later than normal breeding initiation and fewer nesting attempts. The western snowy plover population naturally varies, both spatially and temporally, because of natural changes in weather and habitat conditions from year to year. However, as described above, human influences over the past century (e.g., habitat destruction, invasion of introduced beachgrass, and elevated predation levels) have reduced the western snowy plover's ability to respond to these natural perturbations. b. Disturbance of Breeding Plovers by Humans and Domestic Animals The coastal zone of the United States, including both open coastal areas and inland portions of coastal watersheds, is home to over one-third of the U.S. human population, and that proportion is increasing (U.S. Fish and Wildlife Service 1995a). The southern California coastal area, which constitutes the central portion of the western snowy plover's coastal breeding range, attracts large crowds on a regular basis (Figure 6). The increasing level of human recreation was cited as a major threat to the breeding success of the Pacific coast population of the western snowy plover at the time of listing (U.S. Fish and Wildlife Service 1993a). 57 Figure 6. Recreationists at Salt Creek Beach, California (photo by Ruth Pratt, with permission). i. Pedestrians Pedestrians (e.g., beach walkers and joggers) can cause both direct mortality and harassment of western snowy plovers. Pedestrians on beaches may crush eggs or chicks and chase western snowy plovers off their nests. Separation of western snowy plover adults from their nests and broods can cause mortality through exposure of vulnerable eggs or chicks to heat, cold, blowing sand, and/or predators. Pedestrians have been known to inadvertently step on eggs and chicks, deliberately take eggs from nests, and remove chicks from beaches, erroneously thinking they have been abandoned. People also may cause broods of western snowy plovers to run away from favored feeding areas. These effects are described in more detail below. Trash left on the beach bypedestrians also attracts predators. In addition to public pedestrians, military personnel using the beach for maneuvers, boat launches, and landings have the potential to similarly cause adverse impacts to western snowy plovers. Beach -related recreational activities that are concentrated in one location (e.g., sunbathing, picnicking, sandcastle building, birding, and photography) can negatively affect incubating adult western snowy plovers when these activities occur too close to their nests. Recreational activities that occur in the wet sand area (e.g., sand sailing) can adversely affect western snowy plovers when they disturb plover adults or broods, which feed at the edge of the surf along the wrack line. Recreational activities that occur in or over deep water (such as the beach- and water -oriented activities of surfing, kayaking, wind surfing, jet skiing, and boating, and the coastal -related recreational activity of hang gliding) may not directly affect western snowy plovers; however, they can potentially be detrimental to western snowy plovers when recreationists use the beach to take a break from these activities, or as access, exit, or landing points. Concentrations of people may deter western snowy plovers and other shorebirds from using otherwise suitable habitats. Anthony (1985) found that intensive human activity at Damon Point had a "bracketing effect" on the distribution of nesting western snowy plovers, confining their breeding activity to a section of the spit and precluding their regular use of otherwise suitable habitat. Fox (1990) also found that western snowy plovers avoided humans at Damon Point, and the presence of fishermen and beachcombers kept them hundreds of yards away from potential habitat. Because early -nesting western snowy plovers have narrower beaches from which to select nest locations, recreational use may be more concentrated in the limited habitat available. Also, repeated intrusions by people into western snowy plover nesting areas also may cause birds to move into marginal habitats where their chances of reproductive success are reduced Studies of the Atlantic coast population of the piping plover (Charadrius melodus), an eastern species with habitat requirements very similar to the snowy plover, indicate that some piping plovers that nest early in the season are forced to move elsewhere when human use becomes too intense (Cairns and McLaren 1980). These authors concluded that piping plovers that nest early, before beaches become heavily used for recreation, "cannot predict and avoid reproductive failure in habitats that otherwise appear suitable to them." Burger (1993) observed that piping plovers, in response to human disturbance, spent more energy on vigilance and avoidance behavior at the expense of foraging activity, and sometimes abandoned preferred foraging habitat. 59 Page et al. (1977) observed western snowy plovers' response to human disturbance at two coastal beaches where normal beach use ranged from light to heavy. The study included 156 hours of observation at 15 western snowy plover nests. At Point Reyes, they found that pedestrians disrupt incubation of nests. When humans approached western snowy plovers, adults left their nests 78 percent of the time when people were within 50 meters (164 feet) and 34 percent of the time when people were over 100 meters (328 feet). They also found that western snowy plovers' reaction to disturbance by humans varied, ranging from one bird remaining off the nest for less than 1 minute when a person walked within 1 meter (3 feet) of the nest on a heavily -used beach to another western snowy plover leaving the nest when three people were 200 meters (656 feet) away on a less -used beach. They noted that "birds exposed to prolonged human activity near the nest seemed to become accustomed to it." It has been speculated that predators of western snowy plovers may benefit from a decline in wariness by western snowy plovers nesting on beaches that are subject to ongoing high levels of human disturbance (Persons and Applegate 1997). Lafferty (2001) observed western snowy plovers' response to people, pet dogs, equestrians, crows and other birds. Observations were made at Devereux Slough in Santa Barbara County, Santa Rosa Island, San Nicolas Island, and Naval Base Ventura County (Point Mugu). This study found that western snowy plover are most frequently disturbed when approached closely (within 30 meters) by people and animals. The most intense disturbance (causing the western snowy plover to fly away) were in response to crows, followed by horses, dogs, humans, and other birds. Lafferty (2001) created a management model based on his findings and estimated flight response disturbances under different scenarios. The model predicted a reduced disturbance response for buffer zones of 20 to 30 meters. Fahy and Woodhouse (1995) quantified the levels of recreational disturbance, their effect on western snowy plovers, and the effectiveness of the Linear Restriction Program at Ocean Beach, Vandenberg Air Force Base in 1995. Under this program signs directed visitors not to cross from the outer beach into the Linear Restriction area (inland of mean high tide mark, in dune habitat used by western snowy plovers). Seventy percent of all disturbances were in compliance with restriction warning signs. The disturbance types that were most and least frequently in compliance with the boundary were joggers or walkers and stationary visitors, respectively. The closer the disturbance occurred to the plover, the more severe the plover response. All -terrain vehicles caused the most significant alert and flight behaviors by western snowy plovers, even though they were in compliance with the Linear Restriction. The disturbance types that caused incubating western snowy plovers to flush from their nests most frequently were joggers and walkers, followed by joggers or walkers with dogs off leash, and stationary visitors. The disturbance types that kept incubating western snowy plovers off their nests for the longest period of time were stationary visitors and surf fishermen, probably because of the duration of these stationary disturbances that occurred close to nests. Weekends accounted for 60 percent of all disturbances. The enforcement personnel appeared to have a limited presence; their presence was documented during only 14 percent of all identified disturbances. Hoopes et al. (1992) quantified human use and disturbance to piping plovers in Massachusetts during the 1988 and 1989 nesting seasons. They found pedestrians caused piping plovers to flush or move at an average distance of 23 meters (75 feet). Pedestrians within 50 meters (164 feet) of the birds caused piping plovers to stop feeding 31 percent of the time. Point Reyes Bird Observatory found that management actions that included exclusion zones around nesting areas, seasonal closure to dogs, and active weekend docent programs reduced mortality of chicks and eggs during the weekend such that the weekend and weekday mortality was the same (Peterlein and Roth 2003). At the Pajaro River mouth in California, at least 14 percent of western snowy plover clutches were destroyed by being driven over, stepped on, or deliberately taken by people (Warriner et al. 1986). Since exclosures have been used to protect nests at the Pajaro River mouth and other locations at Monterey Bay, a few nests have still been deliberately destroyed by vandals in most years (Point Reyes Bird Observatory unpublished data). At South Beach, Oregon, the number of western snowy plovers declined from 25 in 1969 to 0 in 1981 when a new park was constructed next to the beach and the adjacent habitat became more accessible to vehicles and people (Hoffman 1972 in Oregon Department of Fish and Wildlife 1994). 61 At Vandenberg Air Force Base, western snowy plover monitoring during 1993 at South Beach (where recreational use was high) and North Beach (where recreational use was low) found the rate of nest loss caused by humans differed markedly: 24.3 percent of South Beach nests were lost compared to only 3.0 percent of North Beach nests (Persons 1994). Persons and Applegate (1997) reported that "rates of reproductive success, combined for 1994 through 1997, were substantially higher on North Beach than on South Beach." This difference occurred despite the fact that nesting habitat was posted as off-limits during the nesting season in 1994. However, at that time restrictions were new and not strictly enforced (R. Dyste in litt. 2004). Since 2000, public access has been restricted and fully enforced by Vandenberg Air Force Base personnel. Additionally, Santa Barbara County - supported volunteer docents were present at Surf Station (within Vandenberg Air Force Base) during the 2001-2003 plover breeding seasons when the beach was open for public access. In 2003, plover monitors did not document the loss of any nests within Surf Station Beach as a result of trampling by humans (R. Dyste in litt. 2004). Loss of western snowy plover chicks also may occur because of human activities. The number of young produced per nesting attempt increased from 0.75 in disturbed habitat to 2.0 for nests free of disturbance at Willapa National Wildlife Refuge, Washington (Saul 1982). At Vandenberg Air Force Base, the 1997 fledging success of western snowy plovers was 33 to 34 percent on North Beach where recreational activity is restricted and only 12 percent on South Beach where recreational use is high (Persons and Applegate 1997). In 1999 and 2000, Ruhlen et al. (2003) found that increased human activities on Point Reyes beaches had a negative effect on western snowy plover chick survival. In both 1999 and 2000, western snowy plover chick loss was about three times greater on weekends and holidays than on weekdays. In most coastal areas, beach visitation in summer months is much higher on weekends and holidays than on weekdays. Flemming et al. (1988) measured the effects of human disturbance on reproductive success and behavior of piping plovers in Nova Scotia. To assess human disturbance, they recorded positions of people, pedestrian tracks, and vehicle tracks, then defined classes based on visits per week. They found significantly fewer young survived in areas of high versus low disturbance; humans elicited a 62 significantly higher response level from adult piping plovers than did predators or nonpredatory species; chicks fed less and were brooded less when humans were within 160 meters (525 feet); and chick peck rate during feeding was lower when humans were present. They speculated that because chicks shifted from feeding and energy conservation activities to vigilance and cryptic predator avoidance behaviors, their energy reserves would be depleted, making them more susceptible to predators and inclement weather. They postulated that a decline in piping plover abundance in Nova Scotia could be caused by human disturbance altering chick behavior. Fewer chicks survived to 17 days in areas heavily disturbed by humans. Schultz and Stock (1993) studied the effects of tourism on colonization, distribution, and hatching success of Kentish plovers (Charadrius alexandrinus alexandrinus), a Eurasian subspecies of the snowy plover, at the Wadden Sea in Germany. They measured disturbance intensity by counting and mapping tourists on 50 days from April to July, during times of peak human activity (1500 to 1600 hours) and in intervals of 30 minutes throughout other days. An index of person - hours per area per day was calculated. They found that Kentish plovers did not colonize heavily -disturbed areas and that resting and sunbathing people were apparently more disruptive than walking people because the latter generally followed the high -tide line. Clutch losses were lowest in areas with little disturbance and highest in areas with heavy disturbance. They indicated that hatching success in highly disturbed areas, even with optimal habitat, is as low as in poor habitat with a low level of disturbance. ii. Dogs Dogs on beaches can pose a serious threat to western snowy plovers during both the breeding and nonbreeding seasons. Unleashed pets, primarily dogs, sometimes chase western snowy plovers and destroy nests. Repeated disturbances by dogs can interrupt brooding, incubating, and foraging behavior of adult western snowy plovers and cause chicks to become separated from their parents. Pet owners frequently allow their dogs to run off -leash even on beaches where it is clearly signed that dogs are not permitted or are only permitted if on a leash. Enforcement of pet regulations on beaches by the managing agencies is often lax or nonexistent. 63 A number of examples of disruptive ways that dogs affect western snowyplovers have been noted at beaches in Monterey County (Marina State Beach), Santa Cruz County (Laguna, Scott Creek, and Seabright Beaches) and San Mateo County (Half Moon Bay and Pacifica Beaches) (aGeorge, pers. comm. 1997). Incubating birds have been flushed from nests by dogs, including nests located inside areas protected by symbolic fencing. Dogs also have displaced adults from nests with newly - hatched chicks. Roosting and feeding flocks, as well as individual birds, have been deliberately and persistently pursued by dogs. At Laguna Creek Beach, 7mudowski State Beach, and Salinas River State Beach, dogs partially or entirely destroyed western snowy plover nests which were in several cases, protected with symbolic fencing (D. George, pers. comm. 1997; Point Reyes Bird Observatory unpublished data; G. Page, pers. comm. 1998). Feral dogs are suspected to have disturbed western snowy plover nests and chicks on San Francisco Bay salt ponds (J. Albertson in litt. 1999). Even when not deliberately chasing birds, dogs on a beach may disturb western snowy plovers and other shorebirds that are roosting or feeding. Page et al. (1977) found that westem snowy plovers flushed more frequently and remained off their nests longer when a person was accompanied by a dog than when alone. They collected data during 156 hours of observation at 15 nests at Point Reyes, California, and found the following distances at which western snowy plovers flushed from their nests as a result of disturbance by people with dogs. Within 50 meters (164 feet), people with dogs caused flushing 100 percent of the time. At a distance of over 100 meters (328 feet), people with dogs caused flushing 52 percent of the time (Page et al. 1977). Fahy and Woodhouse (1995) found that joggers or walkers with off -leash dogs caused a significantly greater number of avoidance responses from western snowy plovers than other types of disturbances at Ocean Beach, Vandenberg Air Force Base, California. Lafferty's (2001) management model predicted that intense disturbances could be dramatically reduced by removing dogs. At wintering sites such as Ocean Beach in San Francisco, California, off -leash dogs have caused frequent disturbance and flushing of western snowy plovers and other shorebirds. Off -leash dogs chase wintering western snowy plovers at this beach and have been observed to regularly disturb and harass birds (P. Baye, U.S. Fish and Wildlife Service, pers. comm. 1997). Observations by National Park Service volunteers suggest that unleashed pets represent the most significant recreational threat to wintering western snowy plovers and migratory shorebirds at Ocean Beach, because of the prolonged and repeated disturbance created when they chase birds (Hatch 1997). In 1995 and 1996, during 45 hour-long observations of wintering flocks of western snowy plovers at Ocean Beach, western snowy plovers responded by moving in 73 percent of 74 instances when dogs with or without people approached to within 15 meters (50 feet) (Golden Gate National Recreation Area unpublished data). When shorebirds are flushed, they must spend more energy on vigilance and avoidance behaviors at the expense of foraging and resting activity (Burger 1993, Hatch 1997). Disruption of foraging and roosting may result in decreased accumulation of energy reserves necessary for shorebirds to complete the migration cycle and successfully breed (Burger 1986, Pfister et al. 1992). Dog disturbance at wintering and staging sites, therefore, may adversely affect individual survivorship and fecundity, thereby affecting the species at the population level. iii. Motorized Vehicles Unrestricted use of motorized vehicles on beaches is a threat to western snowy plovers and their habitat. Motorized vehicles may affect remote stretches of beach where human disturbance would be slight if access were limited to pedestrians. The magnitude of this threat is variable, depending on level of use and type of terrain covered. Use of motor vehicles on coastal dunes may also be destructive to dune vegetation, especially sensitive native dune plants. Driving vehicles in breeding habitat may cause destruction of eggs, chicks, and adults, abandonment of nests, and considerable stress and harassment to western snowy plover family groups (G. Page, pers. comm. 1997; J. Myers in litt. 1988; J. Price in litt. 1992; Stern et al. 1990; Casler et al. 1993; S. Richardson, pers. comm. 1998; Widrig 1980). In addition to recreational vehicles, vehicles used for military activities have also caused western snowy plover mortality (Powell et al. 1995, 1997; Persons 1994). Driving motor vehicles at night seems to be particularly hazardous to western snowy plovers. Drivers of all -terrain vehicles at night have nun over and killed 65 western snowy plover adults at Vandenberg Air Force Base, and State park ranger patrol vehicles have crushed western snowy plover chicks at Oceano Dunes State Vehicular Recreation Area during night patrols (R. Mesta in litt. 1998). On the Eel River gravel bars, vehicle use (including motorcycles, ATVs, and full- size 4x4s) has resulted in the crushing of nests and disturbance to nesting plovers (Colwell et al. 2006). Western snowy plover adults and chicks have been observed using tire tracks and human footprints for loafing at Camp Pendleton and Naval Amphibious Base Coronado (Powell and Collier 1994). This behavior increases their chances of being run over. Western snowy plover chicks also may have difficulty getting out of tire ruts, thereby increasing their likelihood of being run over. Their cryptic coloring and habit of crouching in depressions like tire tracks makes western snowy plover chicks especially vulnerable to vehicular traffic. In Massachusetts, between 1989 and 1997, a total of 25 piping plover chicks and 2 adults were found dead in off -road vehicle tire ruts on the upper beach between the mean high tide line and the foredune (U.S. District Court of Massachusetts 1998). Hoopes et al. (1992) found off -road vehicles caused piping plovers to flush or move at an average distance of 40 meters (131 feet). Off -road vehicles within 50 meters (164 feet) of the birds caused piping plovers to stop feeding 77 percent of the time. While most responses by piping plovers to off -road vehicles resulted in movement by the birds, they observed three instances where the plovers "froze" in response to the off -road vehicles. Both types of responses have a negative impact on plovers through either disturbance, interruption of feeding behavior, or increasing the risk that piping plovers will be hit or crushed by vehicles. At wintering sites, disturbance from motorized vehicles may harass western snowy plovers and disrupt their foraging and roosting activities, thereby decreasing energy reserves needed for migration and reproduction. When motorcycles, most of which were in the wet sand zone, were driven at high speed along Ocean Beach in San Francisco, Hatch (1997) observed that western snowy plovers and other shorebirds were continually disturbed and often took flight. iv. Beach Cleaning Removal of human -created trash on the beach is desirable to reduce predation threats by eliminating food for predators of western snowy plovers; however, the indiscriminate nature of mechanized beach -cleaning adversely affects western snowy plovers and their habitat. Mechanized beach cleaning can be dangerous to western snowy plovers by crushing their clutches and chicks or causing prolonged disturbance from the machine's noise. Also, this method of beach cleaning removes the birds' natural wrackline (area of beach containing seaweed and other natural wave -cast organic debris) feeding habitat, reducing the availability of food. Kelp and driftwood, with their associated invertebrates, are regularly removed and the upper layer of sand is disturbed. Beach grooming also alters beach topography, removes objects associated with western snowy plover nesting, and prevents the establishment of native beach vegetation (J. Watkins in litt. 1999). In all of Los Angeles County and parts of Ventura, Santa Barbara, and Orange Counties, California, entire beaches are raked on a daily to weekly basis. Large rakes, with tines 5 to 15 centimeters (2 to 6 inches) apart, are dragged behind motorized vehicles from the waterline to pavement or to the low retaining wall bordering the beaches (Stenzel et al. 1981). Even if human activity was low on these beaches, grooming activities completely preclude the possibility of successful western snowy plover nesting (Powell 1996). v. Equestrian Traffic Most equestrian use on beaches is directed to wet -sand areas. However, during high tide periods, horseback riders on the beach sometimes enter coastal dunes or upper beach areas (Figure 7), where they may crush clutches or disturb western snowy plovers (Point Reyes Bird Observatory unpublished data, Page 1988, Persons 1995, Craig et al. 1992, Woolington 1985). 67 - L fJ 4d - 4 Figure 7. Equestrians on beach (photo by U.S. Forest Service, with permission). vi. Fishing Impacts on western snowy plover nesting maybe associated with surf fishing and shellfish harvesting in and near western snowy plover habitat. The improper disposal of offal (waste parts of fish), bait, and other litter attracts crows, ravens, and gulls, which are predators of western snowy plover eggs and chicks. Also, western snowy plovers may become entangled in discarded fishing lines (G. Page, pers. comm. 1998). Surf fishing is a commercial enterprise in many coastal locations, including the ocean smelt fishery in northern California (C. Moulton in litt. 1997). Recreational surf fishing occurs throughout the California coast. In Humboldt County, California, Redwood National and State Parks have proposed allowing beach vehicle use, by annual permit, for commercial fishing and tribal fishing/gathering on Gold Bluffs Beach, Freshwater Spit, and Crescent Beach (J. Watkins in litt. 1999). In the State of Washington, the most popular season for surf fishing is April through July (Washington Department of Fish and Wildlife 1995). At present, demand for surf perch fishing is relatively low in Oregon. However, the Oregon Department of Fish and Wildlife is promoting a surf perch fishery to lessen the demand for anadromous fishing. This fishery would increase vehicle driving to remote and relatively undisturbed sites used by western snowy plovers (K. Palermo in litt. 1998a). Because the earliest western snowy plover clutches in Washington are laid between mid -April and mid -May, harvesting of razor clams during the mid -March to mid - May clamming season may have adverse impacts on prospecting or nesting western snowy plovers. Clammers near nesting areas may disturb adults and chicks; human activity in feeding areas may restrict western snowy plover foraging activity, and increased motorized traffic may increase the risk of nest and chick loss (Washington Department of Fish and Wildlife 1995). However, observations of western snowy plover and human activities during the spring 1995 razor clam season showed clamming had no visible impact on western snowy plovers where clamming intensity was low (Kloempken and Richardson 1995). Instances of trespassing into the western snowy plover protection area were noted; however, movement of the western snowy plover protection area boundary about 327 meters (1,073 feet) west of its previous location seemed to benefit the birds by providing more space between them and pedestrian and vehicular disturbances. vii. Fireworks Fireworks are highly disturbing to western snowy plovers. All western snowy plovers flushed from Coal Oil Point Reserve during a nearby July 4, 2005, fireworks display (C. Sandoval, University of California Santa Barbara, pers. comm. 2005). At Del Monte Beach, California, a western snowy plover chick hatched on July 4, 1996, within an area demarcated by symbolic fencing, and was abandoned by its parents after a fireworks display. Disturbance from the noise of the pyrotechnics is exacerbated by disturbance caused by large crowds attracted to fireworks events. California Department of Parks and Recreation staff estimated that 6,000 people visited Del Monte Beach on that day. Because of the extensive disturbance, the adult western snowy plovers left the nest site with two chicks, abandoned the third chick, and were not seen again (K. Neuman, California Department of Parks and Recreation, pers. comm. 1997). During July 4, 1992, •e observations of piping plovers that nest on the Breezy Point Cooperative and adjacent beaches of Gateway National Recreation Area in Queens, New York, the birds were disturbed by fireworks displays (Howard et al. 1993). Management recommendations for this area included prohibition of fireworks in or near the fenced and posted nesting and brood -rearing areas. viii. Kite Flying and Model Airplanes Biologists believe plovers perceive kites as potential avian predators (Hoopes et al. 1992, Hatch 1997). The reaction of western snowy plovers to kites at Ocean Beach in San Francisco, California, "ranged from increased vigilance while roosting in close proximity to the kite flying, to walking or running approximately 10 to 25 meters (33 to 82 feet) away and resting again while remaining alert" (Hatch 1997). It is expected that stunt -kites would cause a greater response from western snowy plovers than traditional, more stationary kites. Stunt kites include soaring -type, two -string kites with noisy, fluttering tails, which often exhibit rapid, erratic movements. Hoopes et al. (1992) found that piping plovers are intolerant of kites. Compared to other human disturbances (i.e., pedestrian, off -road vehicle, and dog/pet), kites caused piping plovers to flush or move at a greater distance from the disturbance, to move the longest distance away from the disturbance, and to move for the longest duration. Piping plovers responded to kites at an average distance of 85 meters (279 feet); moved an average distance of over 100 meters (328 feet) ; and the average duration of the response was 70 seconds. It is expected that model airplanes may also have a detrimental impact to western snowy plovers because western snowy plovers may perceive them as potential predators (Hatch 1997). ix. Aircraft Overflights Low -flying aircraft (e.g., within 152 meters (500 feet) of the ground) can cause disturbances to breeding and wintering western snowy plovers. Hatch (1997) found that all types of low -flying aircraft potentially may be perceived by western snowy 70 plovers as predators. She also found that the general response of roosting western snowy plovers to low -flying aircraft at Ocean Beach, San Francisco, California, was to increase vigilance and crouch in depressions on the beach, whereas foraging western snowy plovers frequently took flight. Plovers may, however, become acclimated to aircraft overflights in some instances, since at Naval Air Station North Island they chose to nest repeatedly within military airfield boundaries on runway ovals next to busy military runways (S. Vissman, U.S. Fish and Wildlife Service, pers. comm. 1997). Federal Aviation Regulations, Part 91, General Operating and Flight Rules, require that over open water, aircraft may not be operated closer than 152 meters (500 feet) to any person, vessel, vehicle, or structure. Emergency operations, including those by Coast Guard helicopters, are exempted from these rules. However, helicopters may be operated at less than 152 meters (500 feet) if the operation is conducted without hazard to people or property on the surface (U.S. Federal Aviation Administration 1997). Helicopters can cause excessive noise, which can also disturb western snowy plovers, even at an altitude of 152 meters (500 feet) (Howard et al. 1993; J. Watkins in litt. 1999; D. Stadtlander, pers. comm. 1999). At Marine Corps Base Camp Pendleton, California, where military training can require aircraft (especially helicopters) to fly at very low elevations, the Marine Corps minimizes impacts to western snowy plovers and California least terns by requiring aircraft to stay at least 91 meters (300 feet) above the ground over tern and plover nesting areas during the nesting season (U.S. Marine Corps 2006). x. Special Events Special events which attract large crowds, such as media events, sporting events, and beach clean-ups, have a potential for significant adverse impacts when held in or near westem snowy plover habitat. An example is the National Marine Debris Monitoring Program, implemented by the U.S. Environmental Protection Agency in conjunction with the National Oceanic and Atmospheric Administration, National Park Service, and the U.S. Coast Guard. This year-round program uses volunteers (including high school students) to document and collect trash and marine debris on coastal transects within western snowy plover nesting and wintering habitat. Potential threats from crowds of people attracted to special events are similar to those previously identified for pedestrians, including direct mortality and harassment of western snowy plovers. 71 xi. Coastal Access Expanding public access to the coast (e.g., State Coastal Trails) for recreation (e.g., walking, hiking, biking) may adversely affect western snowy plovers and their breeding or wintering habitat. Expanded coastal access brings significantly greater numbers of people to the beach and other coastal habitats, exacerbating potential conflicts between human recreational activities and western snowy plover habitat needs (see Pedestrian section). Expanded coastal access may exceed the threshold of beach visitors that public resource agencies (e.g., State Parks and National Park Service) can effectively manage while also meeting their responsibilities to protect natural resources. Bicycles are known to adversely affect western snowy plovers nesting on levees and roads near San Francisco Bay salt ponds within the Don Edwards San Francisco Bay National Wildlife Refuge. Many of these levees are closed to human access, but some bicyclists trespass onto closed levees. In 1998, one western snowy plover nest, located on the main access road to the Refuge, was run over by a bicycle as biologists were putting up a barrier to protect it (J. Albertson in litt. 1999). xii. Livestock Grazing Western snowy plover nests have been trampled by cattle, causing both direct mortality of eggs and flushing of adults from the nests (U.S. Fish and Wildlife Service in litt. 1995). Additionally, feral pigs (Sus scrofa) may trample western snowy plover habitat and disturb nesting western snowy plovers (R. Klinger, The Nature Conservancy, pers comm. 1998, D. George in litt. 2001). Cow and horse manure can introduce seeds of non-native plants into the dunes. C. Oil Spills The Pacific Coast population of the western snowy plover is vulnerable to oil spills. Western snowy plovers forage along the shoreline and in sea wrack (seaweed and other natural wave -cast organic debris) at the high -tide line and are thus at risk of direct exposure to oil during spills. The loss of thermal insulation is considered to be the primary cause of mortality in oiled birds (National Research Council 1985, 72 Leighton 1991). Oiled feathers lose their ability to keep body heat in and cold water out, causing reduced insulation, increased metabolic rate, and hypothermia. Ingestion of oil may lead to physiological changes in birds, including pathological effects on the alimentary tract, blood, adrenal glands, kidneys, liver, and other organs (Fry and Lowenstine 1985, Khan and Ryan 1991, Burger and Fry 1993). Exposure of adult birds to oil also may impair reproduction, including reductions in egg laying and hatchability (Ainley et al. 1981, Fry et al. 1986) and reductions in survival and growth of chicks (Trivelpiece et al. 1984). Oil transferred to eggs from plumage or feet of incubating birds can kill embryos (Albers 1977, Albers and Szaro 1978, King and Lefever 1979). Oiled shorebirds may spend more time preening and less time feeding than unoiled birds, such that their body condition and ability to migrate to breeding grounds and reproduce may be impaired (Evans and Keiji 1993, Burger 1997). Oil spills may result in contamination or depletion of western snowy plover food sources. Elevated concentrations of total petroleum hydrocarbons have been found in the sand crab (Emerita analoga), a potential western snowy plover food item, following a southern California oil spill Q.E. Dugan, unpublished data). Oil or other chemicals washed onto mudflats or sand beaches may result in reduction in the availability of invertebrate prey (Kindinger 1981). Elimination of shorebird food resources on intertidal flats of the Saudi Arabian Gulf coast as a result of the large oil spills associated with the 1991 Gulf War led to drastic reductions in the number of shorebirds supported by this habitat (Evans et al. 1993). Disturbance and other adverse impacts to western snowy plovers also may occur during oil clean-up activities if response teams are not careful when driving heavy equipment and vehicles or traversing on foot through western snowy plover habitat. During the 1990s, at least six oil spill incidents in California and one in Oregon resulted in adverse impacts to western snowy plovers. The U.S. Coast Guard and various other State and Federal agencies and the responsible parties responded to these spills. One of these incidents occurred between 1984 and 1998 at Unocal's Guadalupe Oil Field in San Luis Obispo, California contaminated western snowy plover habitat with toxic hydrocarbons. In 1993, oil spilled from a ruptured oil transfer line into McGrath Lake, Ventura County, California and then flowed into the Pacific Ocean. Western snowyplover habitat and prey were contaminated with 73 oil and wintering western snowy plovers were displaced during the cleanup activities (S. Henry in litt. 1998, McGrath Oil Spill Restoration Scoping Document 1995). In 1996, the SS Cape Mohican discharged fuel oil into the San Francisco Drydock Shipyard, California, where it spread throughout the central bay and into the Pacific Ocean, oiling western snowy plovers and their beach habitat (Cape Mohican Trustee Council 2002, Point Reyes Bird Observatory unpublished data). In 1997, a pipeline extending between an offshore oil platform (Platform Irene) and the mainland ruptured near Pedernales Point, Santa Barbara County, California, oiling western snowy plovers and wrack where western snowy plovers were seen feeding (Applegate 1998, Ford 1998, Lockyer et al. 2002). In 1997 and 1998, large numbers of tarballs became stranded on beaches at Point Reyes National Seashore and resulted in oiling of snowy plovers and their habitat. Subsequent tarball incidents in 2001 and 2002 resulted in identification of the source of the tarballs as the SS Jacob Luckenbach, an oil tanker that sank in 1953 (Carter and Golightly 2003, Point Reyes Bird Observatory unpublished data, Hughes 2003). In 1999, the dredge M/V Stuyvesant spilled fuel oil into the Pacific Ocean off Humboldt Bay, California (U.S. Coast Guard 2001), resulting in oiling of western snowy plovers and their habitat (LeValley et al. 2001). In February 1999, the freighter New Carissa went aground near the North Jetty of Coos Bay, Oregon, breaking apart and spilling 25,000 to 70,000 or more gallons of oil into coastal water. (U.S. Bureau of Land Management 2001). The incident oiled approximately 52 snowy plovers, representing at least 60 percent of the Oregon wintering population of western snowy plover (Stern et al. 2000). In Washington, the 1988 Nestucca oil spill and the 1991 Tenyo Mam oil spill may also have affected western snowy plovers or their habitats, although impacts are not as well documented as in the above cases (Larsen and Richardson 1990). In addition to catastrophic spills like those described above, chronic oil pollution may affect western snowy plovers. Surveys of beached birds have shown that small -volume, chronic oil pollution is an ongoing source of avian mortality in coastal regions (Burger and Fry 1993). Dead oiled birds and tarballs are found regularly on Pacific coast beaches in the absence of reported oil spills (Roletto et al. 2000). Potential sources of chronic oiling include natural seeps, bilge water pumping, sunken vessels, urban runoff, and small or unreported spills from vessels, 74 tankers, pipelines, and offshore oil platforms. Elevated concentrations of total petroleum hydrocarbons have been found in the sand crab (Emerita analoga), a potential western snowy plover food item, in the vicinity of natural oil seeps (Dugan et al. 1997). Intensive oil spill cleanup operations, including use of vehicles to deploy beach booms, move personnel, and remove debris, cause disturbance to nesting and foraging activities of western snowy plovers. These temporary impacts are offset by restoration of habitat and cleaning affected birds. d. Contaminants The most likely route of exposure of western snowy plovers to contaminants other than spilled oil is through the diet. Western snowy plovers feed on aquatic and terrestrial insects, and the bioaccumulation of environmental contaminants on western snowy plover nesting and wintering grounds may adversely affect their health and reproduction. Organochlorines are known to have caused reduced avian egg production, aberrant incubation behavior, delayed ovulation, embryotoxicosis, and mortality of chicks and adults (Blus 1982). Selenium has caused decreased hatchability of avian eggs, developmental abnormalities, altered nesting behavior, and embryotoxicosis in birds in field and laboratory studies (Ohlendorf et al. 1986, Heintz et al. 1987). Mercury can cause decreased hatchability of avian eggs (Connors et al. 1975), boron has been shown to reduce hatchability of waterfowl eggs in laboratory experiments (Smith and Anders 1989), and arsenic may also adversely affect avian reproduction (Stanley et al. 1994). Hothem and Powell (2000) analyzed 23 western snowy plover eggs collected from 5 sites (Camp Pendleton Marine Corps Base, Batiquitos Lagoon, Naval Amphibious Base Coronado, Sweetwater Marsh National Wildlife Refuge, and Tijuana Estuary) in southern California from 1994 to 1996 for metals and trace elements, and 20 eggs for organochlorine pesticides and metabolites. All eggs were either abandoned or failed to hatch. Organochlorines, including dieldrin, o,p'-DDD, o,p'-DDE, o,p'- DDT, p,p'-DDD, p,p'-DDE, p,p'-DDT, oxychlordane, and trans-nonachlor were found above the detection limits in western snowy plover eggs. Median DDE and PCB concentrations were less than those normally associated with eggshell 75 thinning. deformities, or other detrimental effects on birds. Twelve metals and trace elements (arsenic, boron, chromium, copper, iron, magnesium, manganese, mercury, nickel, selenium, strontium and zinc) were detected in at least 90 percent of the samples, but generally at background levels. Mean concentrations of all contaminants were below those that would adversely affect reproduction. Concentrations of mercury in western snowy plover eggs that failed to hatch at Point Reyes National Seashore were five to ten times higher than the mercury concentrations in the five Southern California locations studied by Hothem and Powell (Schwarzbach et al. 2003). The mean mercury concentration of 1.07 micrograms/gram (1.07 parts per million), wet weight, in western snowy plover eggs from Point Reyes National Seashore is probably high enough to account for egg failure through direct toxic effects to western snowy plover embryos (Schwarzbach et al. 2003). Because only failed and abandoned eggs were taken rather than randomly collected eggs, the extent of mercury contamination of the entire breeding western snowy plover population at Point Reyes can not be reliably assessed from these data; however, the data from the 2000 field season would suggest that about one fifth of the nests appeared to be at risk from adverse effects of mercury (Schwarzbach et al. 2003). e. Litter, Garbage, and Debris Placement of litter, garbage, and debris in the coastal ecosystem can result in direct harm to western snowy plovers and degradation of their habitats. Litter and garbage feed predators and encourage their habitation at higher levels than would otherwise occur along the coast, making predators a greater threat to western snowy plovers. For example, as noted previously, the California gull (Lanus californicus) has become far more prevalent in the South San Francisco Bay area. Currently, the estimated 25,000 California gulls in this area feed in landfills and forage in salt marshes using habitat that once supported the western snowy plover (J. Albertson, pers. comm. 2005). Marine debris and contaminated materials on the beach also adversely affect western snowy plovers. Marine debris is attributed to both ocean and shoreline sources. Ocean sources of marine debris and contamination include fishing boats, 76 ships, and cruise lines. Cruise line debris may include small plastic shampoo, conditioner, hand lotion, and shoe polish containers, plastic cups, and balloons (Center for Marine Conservation 1995). Shoreline debris is usually from land sources. Western snowy plovers may become entangled in discarded fishing line, fishing nets, plastic rings that hold together six-packs of canned drinks, and other materials on the beach. Containers of contaminated materials (e.g., motor oil, cleaning fluid, and syringes) can introduce toxic chemicals to the beach. The National Marine Debris Monitoring Program, headed by the U.S. Environmental Protection Agency, was established to clean and track sources of marine debris in coastal areas. This monitoring program, while beneficial to western snowy plovers in the long-term, could potentially adversely affect nesting western snowy plovers since the program is conducted year-round. Similarly, the annual spring SOLV beach cleanup held on the Oregon Coast in late March and the annual Coastal Cleanup Day held on the California coast in September are two organized beach events that are poorly timed with respect to prospecting and nesting western snowy plovers. These programs could greatly improve western snowy plover habitat if timed appropriately. f. Water Quality and Urban Run-off Many coastal beaches used as habitat by western snowy plovers contain channelized streams or outfalls receiving run-off from urban, industrial, and agricultural areas. Nonpoint sources of water pollution (including hydrocarbons, heavy metals, and household chemicals) could end up at coastal beaches used as western snowy plover foraging areas. In 1995, three dead male western snowy plovers (all banded and local breeders) were found in an area containing local outfalls, including an outfall connected to a sewage treatment plant at Monterey Bay. By the beginning of the next breeding season, it was discovered that another male western snowy plover from this area disappeared and possibly died. Factors unrelated to the outfall have not been ruled out in the disappearance of this bird. One of the birds was analyzed through necropsy and found to have an enlarged liver, but it could not be determined whether there was a relationship between the mortality and the outfall (Point Reyes Bird Observatory unpublished data). 77 g. Management for Other Special Status Species In several instances fencing used to enclose California least tern colonies has caused mortality of western snowy plover chicks that have become entangled within the fence mesh (Powell and Collier 1995, Powell et al. 1995), or prevented western snowy plover chicks from following their parents to feeding areas by blocking their movement (Powell et al. 1996). These issues have largely been resolved by utilizing fencing with a mesh size of less than 0.64 centimeter (0.25 inch), tightening gaps in fencing seams, and installing "gates" in tern fencing (Foster 2005). Monitoring and minimization measures to avoid these impacts continue to be implemented in coordination with the appropriate Fish and Wildlife Offices. Increasing density and abundance of California least terns within colonies may also result in western snowy plovers being displaced a short distance, but the benefits of tern management for western snowy plovers appear to outweigh such conflicts. At the Channel Islands and other lands managed by the National Park Service and the Department of the Navy, a decline of western snowy plovers may be caused by disturbance and habitat loss resulting from the large increase in numbers of marine mammals on beaches (U.S. Fish and Wildlife Service in litt. 1995, U.S. Department of the Navy in litt. 2001). Breeding pinnipeds, including northern elephant seals (Mirounga angustirostris), northern fur seals (Callorhinus ursinus) and California sea lions (Zalophus californianus) at San Miguel Island and San Nicolas Island, have occupied western snowy plover nesting habitat. Beach -cast dead whales have, on occasion, posed threats to nesting western snowy plovers. At Point Reyes beaches, large, whole carcasses have washed ashore and other agencies such as the National Marine Fisheries Service have sought to collect them for scientific purposes. They also attract people who are curious about whales. These activities could potentially cause direct mortality and disturbance to western snowy plovers. In addition, mammal carcasses attract scavengers such as gulls, ravens, crows, and coyotes that are potential predators to western snowy plovers. E. IMPLICATIONS FOR THE COASTAL BEACH -DUNE ECOSYSTEM The western snowy plover lives in an ecosystem that has been significantly degraded. Environmental stressors (i.e., development, human recreation, degraded water quality, etc.) have adversely affected the biological diversity of the coastal dune ecosystem. Many of the characteristics that attract people to coastal areas make these areas prime habitat for fish and wildlife resources. Although they comprise less than 10 percent of the Nation, coastal ecosystems are home to over one-third of the United States human population, nearly two-thirds of the Nation's fisheries, half of the migratory songbirds, and one-third of our wetlands and wintering waterfowl (U.S. Fish and Wildlife Service 1995a). The coasts also provide habitat for 45 percent of all threatened and endangered species, including three -fourths of the federally -listed birds and mammals (U.S. Fish and Wildlife Service 1995a). Proper stewardship of this unique ecosystem is needed to maintain its ecological integrity while meeting its human demands. 1. Description of Coastal Beach -Dune Ecosystem The coastal beach -dune ecosystem may include several features such as beaches, foredunes, deflation plains, blow -outs, and reardunes. The beach includes the expanse of sandy substrate between the tide line and the foredune or, in the absence of a foredune, to the furthest inland reach of storm waves. Beach steepness, height, and width are affected by wave height, tidal range, sand grain size, and sand supply. The beach has high exposure to salt spray and sand blast and contains a shifting, sandy substrate with low water -holding capacity and low organic matter content. Dunes include sandy, open habitat, extending from the foredune to typically inland vegetation on stabilized substrate. Major differences occur between beach and dune in salt spray, soil salinity, and air and soil temperatures (Barbour and Major 1990). Coastal dunes generally consist of three primary zones (Powell 1981). The foredunes are the line of dunes paralleling the beach behind the high tide line. Foredunes are characterized by unstabilized sand and a simple community of low - growing native dune plant species, such as American dunegrass (Leymus mollis). Foredunes also support a rich community of sand -burrowing insects (Powell 1981). Behind the foredunes is the deflation plain, which is at or near the water table and is characterized by a mixture of water tolerant plants and dune species. Deflation plains are also called dune hollows and can be invaded by hydrophilic (having a strong affinity for water) trees, shrubs, or herbs (e.g., species of Carex, Juncus, Salix, Scirpus) (Barbour and Major 1990). The inner zone of coastal dunes consists 79 of stabilized dunes, which are dominated by woody perennial plants (Powell 1981). Beach flora can also colonize inland dune areas, where the sand is actively moving (Barbour and Major 1990). Barren dunes, receiving sand from the beach and losing it to wind erosion, are mobile. Older, more inland dunes are stabilized by a nearly continuous plant cover; these dunes are referred to as stable dunes or fixed dunes. Localized openings in the plant cover, which permit wind erosion, are called blowouts, but they are not deep enough to allow invasion by mesophytes (plants growing in moderately moist environments). The innermost ridge of sand is generally high and is called a precipitation ridge; sand is blown over the ridge and down the slipface, continuing the process of dune advance (Barbour and Major 1990). The conditions necessary for dune growth at the coast are partly climatic, but more important is the occurrence of strong onshore winds, abundant sand supply, and vegetation that traps sand. Low, near -shore slopes with a large tidal range providing wide expanses of sand that dries at low tide are ideal for dune growth (Pethick 1984). Very few coastal dunes are "natural," because they have been extensively altered over time by humans for agriculture, mineral extraction, military training, and recreation (Carter 1988). Before the introduction of European beachgrass, foredunes were low and rose gradually, and a large number of native species shared this habitat. They were composed of a series of dunes alternating with swales oriented perpendicular to the coast and aligned with prevailing onshore winds. Since the introduction of European beachgrass, most systems have been replaced by a steep foredune that gives way inland to a series of dunes and swales oriented parallel to the coast (Barbour and Major 1990). Western snowy plovers use the beach and mobile dunes as nesting habitat. Other habitat features that occur within or adjacent to the coastal beach -dune ecosystem, and serve as important foraging habitat for the western snowy plover, include river, stream, and creek mouths, river bars, lagoons, and tidal and brackish -water wetlands. 2. Sensitive Species of the Coastal Beach -Dune Ecosystem Along with the western snowy plover, many other sensitive species inhabit the coastal beach -dune ecosystem and adjacent habitats. Appendix E contains a list of, and brief species accounts for, sensitive species associated with this ecosystem and adjacent habitats. We recognize these fish and wildlife species as endangered, threatened, candidate species, or species of concern. This list includes a number of sensitive species recognized by the states of California, Oregon, and Washington. This appendix also describes several marine mammals associated with the coastal beach -dune ecosystem and protected under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et. seq.), as amended. Some of these sensitive species have many threats in common with the western snowy plover. Habitat loss and degradation from shoreline development and beach stabilization, invasion of exotic species, and crushing by off -road vehicles are cited as major factors contributing to the status and listing of these species. European beachgrass is a current or potential threat to six federally -listed endangered plants that occur in coastal dunes of California: beach layia (Layia carnosa), Howell's spineflower (Chorizanthe howellii), Monterey spineflower (Chorizanthe pungens var. pungens), Menzies' wallflower (Erysimum menziesii), Monterey gilia (Gilia tenuiflora ssp. arenaria), and Tidestrom's lupine (Lupinus tidestromii) (Pickart 1997). European beachgrass is also a current and potential threat to native and sensitive plants in Washington and Oregon, including the pink sand -verbena (Abronia umbellata ssp. breviflora), which is classified as endangered in the State of Oregon. Equestrian use has also been identified as a threat to several endangered plant species, including the endangered Howell's spineflower, Menzies' wallflower, Monterey gilia, and the coastal dunes milk vetch (Astragalus tener var. titi). Off - road vehicles are cited as threats to several sensitive plant and animal species, including the endangered beach layia, Menzies' wallflower, Monterey gilia, Tidestrom's lupine, Hoffman's slender -flowered gilia (Gilia tenuiflora var. hoffmanii), and Smith's blue butterfly (Euphilotes enoptes smithi); the federally endangered La Graciosa thistle (Cirsium longholepis), and the following species considered to be of Federal concern: beach spectacle pod (Dithyrea maritima) and Morro blue butterfly (karicia icarioides morroensis). The precarious status of these species is a symptom of a highly stressed ecosystem. Remedial efforts aimed at restoration of the natural processes that maintain this ecosystem, rather than single -species "fixes," are likely to have the greatest and most successful long-term benefits. Important components of ecologically -sound coastal beach -dune ecosystem management include (1) removal of exotic, invasive vegetation; (2) management of human recreation to prevent or minimize adverse impacts on dune formation, vegetation, invertebrate and vertebrate fauna; and (3) efforts to counter the effects of human -induced changes in the types, distribution, numbers, and activity pattems of predators. Implementation of more ecosystem - oriented approaches to western snowy plover protection would provide important benefits to other sensitive species within the coastal dune ecosystem and merits serious consideration. Some western snowy plover recovery efforts implemented to date (e.g., removal of European beachgrass) support the natural functions of the coastal dune ecosystem. Furthermore, many protection efforts for western snowy plovers should benefit other sensitive beach species, such as California least terns, and vice versa. Many of the same predators that take western snowy plover eggs also prey on California least tern eggs. The relatively low rate of predation of western snowy plover nests in San Diego County has been attributed to predator control programs to benefit California least terns and other species, funded primarily by the Department of Defense and National Wildlife Refuge System (Powell et al. 1995). These programs are implemented under contract with the U.S. Department of Agriculture, Wildlife Services branch. Control of ants at California least tern colonies probably also benefits western snowy plovers nesting nearby. Opportunities also may exist for reestablishment of special status plant species that occur in coastal dunes, including Menzies' wallflower, beach spectacle pod, Tidestrom's lupine, beach layia, and pink sand verbena. Some conflicts have occurred in management of western snowy plovers and California least terns in southern California, including harm to western snowy plover chicks due to entanglement in the mesh of California least tern fencing as described above. These problems have now largely been minimized with the use of new methods and materials, however such management measures should continue to be coordinated to meet the habitat needs of both western snowy plovers and California least terns. Potential conflicts also exist between native dune restoration and western snowy plover habitat. Revegetation efforts could result in too much cover, thereby reducing the amount of suitable breeding habitat available for western snowy plovers. Conflicting habitat requirements for western snowy plovers and pinnipeds have also occurred on lands where marine mammals haul out or breed on beaches that would otherwise be suitable for nesting western snowy plovers (U.S. Fish and Wildlife Service in litt. 1995, U.S. Department of the Navy in litt. 2001). Where this conflict continues to occur, coordination with land management agencies and NOAA's National Marine Fisheries (NMFS) may be helpful to identify methods for modifying or discouraging use by breeding pinnipeds during the western snowy plover nesting season. Although some management measures may benefit a broad array of sensitive species within the coastal dune ecosystem (i.e., control ofAmmophila, access restrictions, and integrated predator management programs), some single -species protection measures for the western snowy plover, such as exclosures, are needed. Although exclosures can be risky to nesting western snowy plovers in some situations (see Lauten et al. 2006), they can be an effective way to protect nests against heavy recreational use and predation, especially where reductions in predator numbers would otherwise be temporary and difficult to achieve or would have adverse ecological effects. F. CONSERVATION EFFORTS Western snowy plover recovery efforts have accelerated since this population was federally listed as a threatened species in 1993. Current breeding and wintering site protection efforts are documented in Appendix C (Summary of Current and Additional Needed Management Activities). The most common management strategies include protection of nests with predator exclosures; signing and symbolic fencing of nesting areas; restrictions on motorized vehicles in the vicinity of western snowy plover nests and broods; restrictions on dogs (even though enforcement of dogs on -leash has been problematic); and public information and outreach. These strategies are effective means of improving western snowy plover reproductive success. 1. Conservation Planning on Federal and State Lands The direction of land management on Federal lands is often outlined in management plans or agency regulations that provide objectives and guidelines for western snowy plovers. These plans include the Naval Base Coronado Integrated Natural Resources Management Plan (U.S. Navy 2001), Camp Pendleton Integrated Natural Resources Management Plan (U.S. Marine Corps 2006), San Diego Bay National Wildlife Refuge Comprehensive Conservation Plan (U.S. Fish and Wildlife Service 2006c), Oregon Dunes National Recreation Area Management Plan (U.S. Forest Service 1994), the Coos Bay Shorelands Final Management Plan (U.S. Bureau of Land Management 1995a), the New River Area of Critical Concern Management Plan (U.S. Bureau of Land Management 1995b), the Draft Snowy Plover Management Plan for Ocean Beach, Golden Gate National Recreation Area (Hatch 1997), and the Western Snowy Plover Management Plan for the Point Reyes National Seashore (White and Allen 1999). Wildlife protection, especially the preservation, restoration, and enhancement of threatened and endangered species and migratory birds, is the primary goal of national wildlife refuges, as stated in the National Wildlife Refuge System Administration Act of 1997 (16 U.S.C. 668dd et. seq.). Western snowy plover habitat on national wildlife refuges has been accorded intensive protection, including (1) integrated predator management and (2) closures during the nesting season where appropriate, to minimize adverse effects of disturbance. Consistent with requirements of the National Wildlife Refuge System Administration Act and the Refuge Recreation Act of 1962, as amended (16 U.S.C. 460k et. seq.) regarding compatibility of refuge activities, western snowy plover nesting areas within some national wildlife refuges are closed to public use during the breeding season. Western snowy plover use areas within some national wildlife refuges (such as Salinas River National Wildlife Refuge) are closed to public use year-round. Additionally, the Department of Defense manages for western snowy plovers on military installations through actions associated with section 7 of the Endangered Species Act and through conservation planning efforts (e.g., Programmatic Activities and Conservation Plans in Riparian and Estuarine/Beach Ecosystems on Marine Corps Base Camp Pendleton, 1995; see also Federal Regulatory Program, below). This includes avoidance and minimization measures, which have resulted in individual military installations placing limits on or otherwise restricting military activities and implementing management actions to specifically benefit western snowy plovers, such as monitoring, predator control, habitat improvement, and research. This management, in conjunction with other factors such as habitat availability and restricted public access, has allowed certain Department of Defense lands to significantly contribute to regional western snowy plover populations. The Washington State Recovery Plan for the Western Snowy Plover recommends strategies to recover this species, including protection of the population, evaluation, and management of habitat, and initiation of research and education programs (Washington Department of Fish and Wildlife 1995). The State of Oregon's Conservation Program for the Coastal Population of'the Western Snowy Plover, required by the Oregon Endangered Species Act and adopted by the Oregon Fish and Wildlife Commission (Oregon Revised Statutes 496.171 through 496.192), requires a variety of actions to protect this subspecies. These actions include: (a) protecting all existing western snowy plover sites from negative impacts; (b) monitoring impacts and responding to damaging activities (e.g., urban development and recreation disturbance) to minimize or eliminate their effects to western snowy plovers; (c) maintaining a long-term monitoring program to track numbers, distribution, and nesting success; (d) habitat management, such as local control of European beachgrass and maintaining predator protection measures to maximize breeding success for as long as deemed necessary, (e) conducting additional research to maintain and recover western snowy plovers; and (f) enhancing information availability, education, and awareness of western snowy plovers and their requirements for survival and recovery (Oregon Department of Fish and Wildlife 1994). The California Public Resources Code (Section 5019.71) allows designation of natural preserves, the most protective designation given to a part of any California State Park system unit. The purpose of natural preserves is to preserve such features as rare or endangered plant and animal species and their supporting ecosystems, and representative examples of plant or animal communities existing in California prior to the impact of civilization. The Pajaro Rivermouth Natural Preserve, Wilder Creek Natural Preserve, and Salinas Rivermouth Natural Preserve were designated by the California State Patio and Recreation Commission in recognition of the need to protect western snowy plovers. In addition, Section 5019.62 of the California Resources Code allows the designation of State seashores to preserve the outstanding values of the California coastline and provide for public enjoyment of those values. Within the state of California, the following California State seashores containing western snowy plover habitats have been established Del Norte State Seashore; Clem Miller State Seashore; Sonoma Coast State Seashore; Aiio Nuevo State Seashore; Monterey Bay State Seashore; San Luis Obispo State Seashore; Point Mugu State Seashore; Capistrano Coast State Seashore; and San Diego Coast State Seashore. Under the California Public Resources Code, the California Department of Parks and Recreation has the authority to identify additional lands appropriate for inclusion in California State seashores and recommend land acquisition for these purposes. Special management actions for western snowy plovers are conducted within the portions of California State Seashores that are owned by the California Department of Parks and Recreation. An example is the Monterey State Seashore, where the California Department of Parks and Recreation has conducted intensive management activities for western snowy plovers since 1991. Strategies include resource management, interpretation, law enforcement, and park operations. Resource management actions include monitoring, predator trapping, and use of exclosures, symbolic fences, and signage, and consideration of snowy plovers during planning recreational access and trails in San Francisco Bay. Interpretative efforts include informational signage at nesting areas, information brochures, small handout cards with photographs and information on western snowy plovers, several annual public outreach programs (e.g., slide programs and field trips), and actions to engage community support for the western snowy plover guardian program (i.e., recruitment, training, and scheduling for volunteer presence in sensitive habitat). M. Enforcement actions include verbal warnings, written warnings, citations, and arrests as necessary. Key enforcement concerns include dogs off -leash and off -road vehicles, which are prohibited on all beaches. Operational management includes a permit process that screens special events to avoid the nesting season in sensitive areas, and regulation of recreational use of beaches to avoid sensitive areas (i.e., kite flying, hang gliding, fishing, etc.). Other management actions on California Department of Parks and Recreation property within some other State seashores are shown in Appendix C. 2. Conservation Efforts on Federal and State Lands a. Exclosures, Symbolic Fencing, and Signs Since 1991, one of the primary techniques to protect nesting western snowy plovers has been the use of exclosures (Appendix F). Exclosures are small, circular, square, or triangular metal fences that can be quickly assembled and are designed to keep predators out of nests and/or prevent people from trampling nests (Figure 8). Exclosure designs are described in Appendix F; modifications to exclosure design in response to site specific predator conditions maybe appropriate on a case by case basis but should be coordinated in advance with the Fish and Wildlife Service. Nests protected from predators by exclosures have consistently had increased nest success (White and Hickey 1997, Stern et al. 1991, Craig et al. 1992, Mabee and Estelle 2000, U.S. Fish and Wildlife Service 2002, Lauten et al. 2006). At some locations in Oregon and California, exclosures are designed with tops consisting of parallel lengths of nylon seine lines spaced approximately 15 centimeters (6 inches) apart -or- mesh netting with a minimum spacing of approximately 10 centimeters (4 inches), designed to discourage entry by avian predators. At Eden Landing State Ecological Reserve in San Francisco Bay, nest predation decreased from 32 percent in 2000 to 3 percent in 2001, largely due to a switch from string tops to net tops on exclosures (Marriott 2001). Figure 8. Erecting western snowy plover exclosure (photo by Sue Powell, with permission). Although exclosures are contributing to improved productivity and population increases in some portions of the western snowy plover's Pacific coast range, problems have been noted in some localities. Potential risks associated with exclosures include vandalism, disturbance of the birds by curiosity seekers, and use of exclosures as predator perches. Over time, exclosures may provide a visual cue to predators, making it easier for them to target adults, chicks, and eggs, and requiring predator management. On several occasions depredations of adult western snowy plovers have been documented in or near exclosures, and efforts have been made to establish exclosures later in the season after the peak migration of raptors (Brennan and Fernandez 2004, Lauten et al. 2006). Also, predator exclosures maybe impractical where western snowy plovers nest within California least tern colonies or other instances where such exclosures may conflict with the needs of other threatened or endangered species. Symbolic fencing also is used to passively protect western snowy plover nests, eggs, and chicks during nesting season. This fencing consists of one or two strands of light -weight cord or cable strung between posts to delineate areas where humans (e.g., pedestrians and vehicles) should not enter (Figure 9). It is placed around areas where there are nests or unfledged chicks, and is intended to prevent accidental crushing of eggs, flushing of incubating adults, and, if large enough, to provide an area where chicks can rest and seek shelter when large numbers of people are on the beach. Directional signs (regarding closed areas, nesting sites, etc.) also are used within western snowy plover habitats and near protective fencing to alert the public and other beach users of the sensitivity of western snowy plover nesting and wintering areas. Installation of symbolic fencing at Coal Oil Point Reserve (CA-88) in conjunction with a docent program has allowed management of f •.�..�. 'br _ aw Figure 9. Symbolic fencing on beach at Monterey Bay, California (photo by Ruth Pratt, with permission). recreational use and resulted in successful re-establishment of a breeding population of western snowy plovers at the site (]Lafferty et aL 2006). Additionally, land managers may prevent or restrict access to areas used by nesting western snowy plovers. For example, military installations often curtail or redirect training activities near western snowy plover nesting areas and some State parklands :' and recreation areas restrict public access in certain areas during the breeding season. b. Law Enforcement Management agencies recognize that law enforcement is needed for protection measures to be effective. Though a majority of beach visitors respect restrictions to protect western snowy plovers, there will always be a certain percentage who do not. Enforcement of western snowy plover area restrictions shows that managers are serious about compliance. In Oregon, biologists have established a working relationship with a variety of law enforcement agencies who have jurisdiction in western snowy plover habitat. Their goal is to increase awareness, gain advice, increase communication and coordination to alleviate jurisdictional conflicts, and train officers on how to minimize disturbance while patrolling western snowy plover habitat. Conflicting priorities and personnel turnover require perseverance to maintain effective working relationships across law enforcement jurisdictions. c. Predator Control Lethal and nonlethal means of predator control have been used with mixed success to protect western snowy plovers on Pacific beaches. Nonlethal methods include litter control at campgrounds (to reduce available food sources), exclosures and fencing, and trapping and relocation. Lethal methods include reducing local populations of avian predators by addling (i.e. killing the developing chick within the egg) of raptor and corvid eggs, trapping and euthanizing nonnative mammalian predators, and killing individual predators upon which nonlethal methods have proven ineffective. On the Oregon Coast, snowy plover predator control has historically been in the form of nest exclosures and site specific lethal control. The use of nest exclosures, adaptively modified in response to predator behavior, has been very successful in increasing hatching success. However, because in some cases predation on adults has been linked to the presence of exclosures, their use is presently targeted to specific instances where it appears most beneficial, and the program is working toward elimination of exclosure use (Lauten et al. 2006a, 2006b). In 2002, Federal and State agencies approved an integrated predator management program to improve western snowy plover nesting and fledging success in Oregon. The decision followed public review and comment on an analysis of the effects of the proposed predator control methods and alternatives to protect the western snowy plover in Oregon (U.S. Department of Agriculture 2002). To date lethal predator control has been implemented at selected plover breeding sites along the Oregon Coast at Coos Bay North Spit, Bandon Beach, New River, Siltcoos, Overlook, Tahkenitch, and Tenmile, resulting in an overall positive effect on western snowy plover productivity (Lauten et al. 2006a, 2006b). Another form of predator control is fencing, which is used on the south spoils area of Coos Bay, North Spit, where the U.S. Bureau of Land Management, U.S. Army Corps of Engineers, and Oregon Department of Fish and Wildlife have fenced 8 hectares (20 acres) of western snowy plover nesting habitat. This wire mesh fence was installed to exclude mammalian predators, especially skunks, and to discourage human disturbance from off -highway vehicle use. The original fence, constructed in 1991, suffered from the effects of weathering and although it continued to deter vehicles, it was no longer an effective barrierto predators. In 1998, the U.S. Army Corps of Engineers and U.S. Bureau of Land Management jointly constructed a new fence and removed the old fence. The new fence matched the design of the 1991 fence (5-centimeter by 5-centimeter (2-inch by 2-inch) mesh fence material with an effective fence height of about 1.2 meters (4 feet) after burial of the bottom). However, the new fence has increased the protected area from 8 hectares (20 acres) to 28 hectares (71 acres), and includes both the south spoils area and the 1994 Habitat Restoration Area (E.Y. Zielinski and R.W. Williams in litt. 1999). At the Don Edwards San Francisco Bay National Wildlife Refuge, fences are sometimes constructed across salt pond levees to block access by terrestrial predators (J. Albertson in litt. 1999). However, fences are not feasible in many areas, and do not restrict aerial predators. Exclosures are much more effective when used in conjunction with an integrated predator management program that includes selective removal of non-native predators and other individual problem predators. Otherwise, exclosures may promote better hatching success, but not fledging success if predators such as red fox 91 (Vulpes vulpes) focus on adults protecting the nest or newly -hatched chicks that leave the exclosure to feed. These measures are also much more effective where combined with other access restrictions to increase survival of clutches and broods. Trapping the nonnative red fox has been credited with substantially increased western snowy plover abundance and productivity at Salinas River National Wildlife Refuge (E. Fernandez, U.S. Fish and Wildlife Service, pers. comm. 1998). At the Don Edwards San Francisco Bay National Wildlife Refuge, predation on western snowy plovers and California clapper rails by red foxes prompted the initiation of a predator management program targeting red foxes, feral cats, skunks, and raccoons, in conjunction with use of western snowy plover nest exclosures (J. Albertson in litt. 1999, Strong et al. 2004). This ongoing program has resulted in improved nest success. Use of exclosures has subsequently been discontinued due to the success of the trapping program and incidents of nest abandonment at exclosures. At Eden Landing Ecological Reserve selective removal of problem corvids and their nests has also been practiced by USDA Wildlife Services since 2004 (Tucci et al. 2006). The U.S. Air Force has used electric fencing around the California least tern colony at Purisima Point, Vandenberg Air Force Base, California, where western snowy plovers also nest and winter. The electrified portion of this fence is approximately 273 meters (300 yards) long and 1.2 meters (4 feet) high. The electric fence contains six strands of electrified wire placed approximately 10.2 centimeters (4 inches) apart. This fence is generally effective at keeping out mammalian predators of California least terns. It has also incidentally protected a small population of western snowy plovers by deterring western snowy plover predators. Proposals have been developed to test a conditioned taste aversion technique on predators of piping plovers (i.e., red fox) by using quail eggs treated with the chemical emetine (McIvor 1991). The purpose of this technique is to condition foxes to avoid eating plover eggs, expecting that if foxes eat treated quail eggs prior to the nesting season and become sick, they might develop a conditioned aversion to eating plover eggs. This technique requires that the predator consumes the needed dose that will produce short-term illness but no mortality. Due to uncertainty in effectiveness, at this point in time we do not advocate this taste aversion technique. Proposals to test conditioned taste aversion techniques on predators of piping plovers on the east coast have not been implemented due to difficulties obtaining permission 92 to field test emetine (A. Hecht, U.S. Fish and Wildlife Service, pers. comm. 1996). Avery et al. (1995) found that deployment of quail eggs treated with the chemical methiocarb might be a useful means of reducing predation of California least terns by ravens and crows. However, subsequent tests of aversion methods have proven to be unsuccessful (E. Copper and B. Foster in litt. 2001). With proper research, techniques that have been used to deter predators of other wildlife species may prove beneficial to western snowy plovers. Strategic placement of crow and gull carcasses around the perimeter of a California least tern colony has been used at Vandenberg Air Force Base (Persons and Applegate 1996), however, this method may not be effective for more loosely colonial species such as snowy plover (J. Buffa in litt. 2004). Moreover, the presence of gull carcasses could prove counterproductive by attracting mammalian predators (N. Read, U.S. Air Force, pers. comm. 1998). In 1999 Vandenberg Air Force Base initiated studies of coyote ecology and movements, with the goal of developing non -lethal alternatives for reducing coyote predation on western snowy plover. Although results are preliminary, in 2001 beach access restrictions and regular pick-up of trash, in combination with availability of alternative prey such as rabbits, may have contributed to the lowest incidence of coyote predation ever recorded at Vandenberg Air Force Base, even though evidence of coyote presence continued to be observed on a daily basis. For top-level predators such as coyotes, western snowy plover nests are not a primary food source. Vandenberg Air Force Base has avoided large-scale coyote removal to prevent exacerbated predation on listed species from mesopredators such as racoons, and to prevent expansion of non-native predators such as feral cats and red foxes into western snowy plover nesting areas (N. Read Francine in litt. 2001). d. European Beachgrass Control Experiments to find cost-effective methods to control or eradicate European beachgrass are ongoing. Control methods employed in various situations have included foredune grading and foredune breaching with front-end loaders and bulldozers, subsoiling with a winged subsoiler (essentially a heavy duty three-point 93 plow), discing with a standard farm tractor and disk, burning, saltwater irrigation, spraying of herbicide, and hand -pulling. Herbicide treatment is not always possible, however, when rare or federally -listed plants are present. In these cases hand -pulling or other mechanical removal may need to be employed. At Point Reyes National Seashore mechanical and hand -removal were used to remove non-native beach grass on 12 hectares (30 acres) with immediate beneficial response by nesting snowy plovers (Peterlein and Roth 2003). Some control methods are only suitable for the inland sites. Areas containing heavy growth of European beachgrass and woody vegetation are prescribed -burned prior to using heavy equipment. Areas are leveled to allow discing for maintenance. In some areas, oyster shell hash provided by a local oyster grower has been distributed after vegetation has been removed. Effectiveness of the various control methods varies, though some form of maintenance may always be required. Maintenance is critical and achieved through multiple treatments over a succession of years. Discing requires maintenance twice per year to keep beachgrass from reestablishing. Comparatively, yearly maintenance in portions of some restoration sites may not be needed after employing several years of bull -dozing, herbicides, or hand -pulling following initial mechanical removal. Since 1994, multiple projects have been conducted in Oregon to control beachgrass on existing nest sites and to clear and maintain additional areas. These Habitat Restoration Areas (HRAs) are essential for the recovery of the western snowy plover. Three significant HRAs established on the Oregon Coast between 1994 and 2002 include the Dunes Overlook (Oregon Dunes National Recreation Area), Coos Bay North Spit, and New River. Other habitat restoration areas have recently been established or are planned at Baker Beach (140 acres), Tenmile Creek (200 acres) and Bandon Beach State Natural Area (30 acres). HRAs accounted for 34 percent of nests (Table 6) and 43 percent of fledglings (Table 7) found on the Oregon Coast between 1999 and 2004. The Oregon Dunes National Recreation Area contains about 2,428 hectares (6,000 acres) of European beach grass and now has few remaining examples of intact native plant communities (Pickart 1997). Habitat restoration was initiated in the summer of 1998 and by 2002, the U.S. Forest Service had treated 24 hectares (60 acres) of the 208 hectares (516 acres) of habitat planned for restoration. Prior to 1999, no western snowy plovers were found at the Overlook site, but after habitat was restored, western snowy plovers began nesting there successfully (Table 6, Table 7). The U.S. Forest Service employs a combination of mechanical, manual, and herbicide treatments to control European beachgrass. Mechanical treatment consists of scalping off the top 1 meter (3 feet) of beachgrass and then burying it in an adjacent trench with a minimum covering of 1 meter (3 feet) of sand. Moderate to heavy resprouting occurs with this method, requiring manual or chemical follow-up treatment. Other mechanical treatments have consisted of placement of dredged material on the beachgrass and scalping the top half of foredunes to remove beachgrass and allow for inland sand movement and tidal action to maintain open dunes (K. Palermo in litt. 1998b). Herbicide treatments have been conducted as a primary control method and as follow-up to mechanical control. In recent years, from 2 to 26 hectares (5 to 65 acres) of beachgrass were sprayed with an herbicide treatment of 8 percent Rodeo and nonionic surfactant (spray -to -wet) at three locations. Employees found that a follow-up application within 2 weeks of the first application was critical to obtain optimum coverage and initial die -off rates (90 percent). Additionally, herbicide treatments were most effective when conducted consecutively over 2 to 3 years depending on density. Beachgrass control at the Oregon Dunes is still considered experimental. Preliminary results suggest that maintenance will always be necessary (K. Palermo in litt. 1998b). Table 6. Total number of nests at habitat restoration areas on the Oregon Coast 1994-2004 (J. Heaney, pers. comm. 2003; C. Burns, pers. comm.; M. VanderHeyden, pers. comm.; Castelein et. al. 2002; Lauten et al. 2006). Total Site Name 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Nests Baker 0 1 0 1 Beach Dunes 2 8 15 8 9 14 56 Overlook Coos Bay 4 3 2 3 7 12 22 13 15 11 16 108 North Spit Bandon 4 17 21 State NRA New River 2 4 10 7 5 6 34 Table 7. Total number of fledged young at habitat restoration areas on the Oregon Coast 1994-2004. Includes fledglings from broods from undiscovered nests (J. Heaney, pers. comm. 2003; C. Burns, pers. comm; M. VanderHeyden pers. comm.; Castelein et. al. 2002; Lauten et al. 2006). Total Site Name 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Nests Baker Fo 0 0 0 Beach Dunes 3 5 2 2 3 6 21 Overlook Coos Bay 7 2 1 1 1 23 6 6 8 14 22 91 North Spit Bandon 4 15 19 State NRA New River 2 1F 3 3 7 5 21 91 On Coos Bay North Spit, the Bureau of Land Management has cleared and maintained approximately 67 hectares (166 acres) of vegetation dominated by European beachgrass, shore pine, Sitka spruce, and Scotch broom. The objective is to remove predator cover, remove encroaching beachgrass, and expand the existing habitat. The goal is to create an area for western snowy plovers to nest that is large enough to lessen possible detection of nests and chicks by predators. Nest sites used by western snowy plovers on the North Spit include both beach habitat and inland areas of previous dredged material deposition. Many of the cleared areas were used almost immediately by nesting western snowy plovers or for brood rearing activities. Prior to 1994, western snowy plovers were not nesting in these areas, but after 1994, the Coos Bay North Spit became the most productive western snowy plover nesting sites on the Oregon Coast (Table 6, Table 7) (M. VanderHeyden, Bureau of Land Management, pers. comm.). At the Coos Bay North Spit, an inmate crew from the Shutter Correctional Facility, hired by the U.S. Bureau of Land Management, hand pulled European beachgrass on approximately 6 hectares (15 acres) of the south spoil area. The 4-month project cost $11,500; most of these costs covered the crew supervisor's salary and transport vehicle charges. Another European beachgrass removal project around the south spoil areas of the Coos Bay North Spit, included burning European beachgrass, followed by scarification using a bulldozer in March 1994. By August, most of the area had resprouted (Oregon Department of Fish and Wildlife 1996). New beachgrass sprouts are relatively easy to remove. However, initial and maintenance work can be costly and labor intensive. At the Coos Bay North Spit, eradication of European beachgrass using 91.4 centimeters (36 inches) of sprayed seawater was attempted in 1996. The saltwater application was not effective because desiccated sand layers did not allow seawater penetration to the grass's root zone. Future experimentation using wetting agents to achieve water penetration on small-scale applications could demonstrate potential applicability of this technique (G. Dorsey, U.S. Army Corps of Engineers, pers. comm. 1997). The New River Spit is another key nesting area for the western snowy plover that is managed by the Coos Bay U.S. Bureau of Land Management. Each year since 1998, the U.S. Bureau of Land Management has used heavy equipment (i.e., front-end loader, bulldozer) to remove European beachgrass from in and around a target 97 restoration site. Typically, the bulldozer is used to push the beachgrass into depressions and bury it under several feet of sand, or to push sand and beachgrass out into the surf zone. Just over two miles of foredune have been lowered and select areas along the foredune have been removed to allow ocean surf to overwash into interior portions of the spit. The overwashing aids in scouring vegetation and appears to self -maintain portions of the overwashes throughout the restoration area. By 2002, approximately 48 hectares (120 acres) of foredune and overwash were cleared of beachgrass (Jim Heaney, Bureau of Land Management, pers. comm. 2003). Work at Lanphere-Christensen Dune Preserve in Humboldt County, California, showed that hand pulling can eliminate European beachgrass, but 3 years of multiple maintenance treatments were required (Pickart and Sawyer 1998). Use of heavy equipment (e.g., "V" ripper) and herbicides may be more cost-effective; however, resprouting of the grass occurs, necessitating follow-up, manual pulling for long-term beachgrass removal (A. Pickart, The Nature Conservancy, pers. comm. 1997). The effective strategy used by the California Department of Parks and Recreation to remove beachgrass at Marina Dunes and Salinas River State Beaches, Monterey Bay, included multiple herbicide applications of 10 percent Round -Up. Approximately 25 patches of beachgrass covering a total of approximately 0.5 hectare (1.3 acres) have been treated along a 6.4-kilometer (4-mile) section of beach. Each patch of beachgrass was sprayed every 3 months over a 3-year period. All treated sites were marked so that they could be easily located and monitored for regrowth and spread. Current plans include beachgrass removal on approximately 30 hectares (75 acres) at Zmudowski State Beach at the Pajaro River mouth (D. Dixon in litt. 1998). Western snowy plover habitat restoration efforts at the Leadbetter Point Unit of the Willapa National Wildlife Refuge began in 2002 and continue. American beachgrass and some European beachgrass have been mechanically removed, clearing approximately 25 hectares (63 acres) as of 2006. In addition, cuts have been made through the foredune and oystershell placed to cover 11 hectares (28 acres) within the restored area (K. Brennan in litt. 2006). Pickart (1997) suggested that chemical treatment of European beachgrass is likely to be the most cost-effective method used to date. Herbicides that have been used for this purpose are glyphosates (trade names Rodeo and Round -Up). The most effective period for herbicide treatment of beachgrass is during its flowering stage (Wiedemann 1987); plants should be treated during periods of active growth (Pickart 1997). However, potential adverse biological impacts to other native plants and animals must be considered when using herbicides, and selective spraying may be difficult in some areas. Chemical treatment in active western snowyplover nesting areas may need to be limited to the period outside the breeding season in certain areas to avoid disturbing nesting western snowyplovers. Additional management options for beach and dune erosion control are needed. Beachgrass continues to be used because it has been tried successfully in the past, nursery stock is available, and field planting technology is well known. However, negative aspects of its monoculture are recognized. Proper planting and management of a mixture of native vegetation, together with the provision of walkways for pedestrian traffic and the elimination of horse traffic, cattle grazing, and off -road vehicles, may result in stabilization as effective as beachgrass, yet there has been minimal experimentation with this technique (Barbour and Major 1990). e. Off -Road Vehicle Restrictions and Management Management strategies to reduce off -road and other vehicle impacts have been implemented at some western snowy plover breeding areas. At Pismo/Ocean Dunes State Vehicular Recreation Area, California, management strategies include fenced - off nesting areas; placement of exclosures around nests; restrictions on vehicle speed and access areas; and requirements that car campers remove all trash. At Pismo/Oceano Dunes State Vehicle Recreation Area, the California Department of Parks and Recreation, Off -Road Vehicle Division, has developed an interim management plan, which is adapted annually in coordination with us to address what effects current management measures have on hatching rates and fledging success, as well as recruitment into the western snowy plover population (California Department of Parks and Recreation 2005). The Off -Road Vehicle Division of the California Department of Parks and Recreation is now funding the development of a habitat conservation plan (in anticipation of applying for a section 10(a)(1)(B) permit under the Endangered Species Act) for the Pismo/Ocean Dunes State Vehicular Recreation Area and other State parks within the San Luis Obispo Coast District of the California Department of Parks and Recreation. The conservation issues for western snowy plovers and California least terns at the Pismo/Ocean Dunes State Vehicular Recreation Area are directing the development of the habitat conservation plan, but other species also will be covered. This plan will evaluate the effects that recreation and park management activities are having on the covered species. On Camp Pendleton, the Marine Corps conducts its vehicle operations in and near nesting areas in ways that minimize impacts to western snowy plovers. Under the Marine Corps' Base Regulations all training activities, including vehicle training, are prohibited within 300 meters of fenced nesting areas during the breeding season (1 March to 15 September). Further, amphibious vehicles are directed to transit adjacent to nesting areas with tracks in the ocean whenever possible (U.S. Marine Corps 2006). On the Don Edwards San Francisco Bay National Wildlife Refuge, part of the main access road (Marshlands Road) is closed to motorized vehicles from April 1 to August 31, to protect western snowy plovers nesting near the roadway. Highway traffic cones and ribbons are installed to discourage vehicle access to nesting areas on roads and levees (J. Albertson in litt. 1999). In 1995, after the Oregon Dunes National Recreation Area completed its management plan, the U.S. Forest Service petitioned the Oregon Parks and Recreation Department to close several kilometers of beach that had been open to vehicles. Resulting closures reduced conflicts between off -highway vehicles and nonmotorized recreationists, western snowy plovers, and other wildlife (E.Y. Zielinski and R.W. Williams in litt. 1999). Leadbetter State Park (immediately to the south of Willapa National Wildlife Refuge) is closed to beach driving from April 15 to the day after Labor Day. The entire beach along Willapa National Wildlife Refuge is closed to driving year round, except during razor clam openers (K. Brennan in litt. 2006). Diligent surveillance and enforcement by applicable agencies is extremely important due to the potential for violations. 100 f. Population Monitoring Western snowy plover researchers in Washington, Oregon and California conduct intensive population monitoring programs. Tasks include some or all of the following: (1) conducting winter and breeding season window surveys; (2) banding adults and chicks; (3) determining nest success; (4) determining fledging success, (5) monitoring and documenting brood movements; and (6) collecting general observational data on predators. The Point Reyes Bird Observatory has been monitoring the distribution and breeding success of western snowy plovers since 1977. Monitoring at Vandenberg Air Force Base has been conducted by Point Reyes Bird Observatory and SRS Technologies. Additionally, Santa Barbara County -supported volunteer docents stationed at Surf Station, within Vandenberg Air Force Base, keep tallies of numbers of visitors, violations prevented, and predators seen (R. Dyste in litt. 2004). The U.S. Geological Survey Biological Resources Division monitored western snowy plovers in San Diego County from 1994 to 1998. Teams led by Elizabeth Copper, Robert Patton, Shauna Wolf, and Brian Foster have monitored western snowyplovers in San Diego County since 1999 for military installations. The Oregon Natural Heritage Program and The Nature Conservancy have conducted western snowy plover monitoring since 1990 in Oregon. The Point Reyes Bird Observatory, Oregon Natural Heritage Program, and U.S. Geological Survey, Biological Resources Division, also band western snowy plovers at some locations (Figure 10). The California Department of Parks and Recreation conducts annual monitoring throughout the state and at the Pismo/Ocean Dunes State Vehicular Recreation Area (J. Didion in litt. 1999). Mad River Biologists and Humboldt State University are currently conducting intensive population monitoring in northern California. Department of Defense installations continue to maintain long-term programs for monitoring and management of western snowy plover populations and predators in San Diego and Ventura Counties, including programs at Camp Pendleton, Naval Amphibious Base Coronado, Naval Radio Receiving Facility Imperial Beach, North Island, and San Clemente Island. 101 Figure 10. Banding a western snowy plover chick (photo by Bonnie Peterson with permission) g. Salt Pond Management Intensive management at the Moss Landing Wildlife Area has made a major contribution to western snowy plover breeding success in the Monterey Bay area. Management by Point Reyes Bird Observatory staff, in coordination with the California Department of Fish and Game, has been ongoing since 1995. Management activities include draw -down of water levels in part of the salt ponds at the beginning of the nesting season to provide dry sites for nests, and flooding of remnant wet areas twice per month through the nesting season to maintain foraging habitat for adults and their young. Predator control is conducted by the U.S. Department of Agriculture, Wildlife Services Branch. The Don Edwards San Francisco Bay National Wildlife Refuge manages a former salt pond called the "Crescent Pond" (within location CA-36, mapped in Appendix L) for western snowy plovers by reducing the water levels prior to the breeding season. In the early 1990s, this pond was mostly unvegetated salt flat, but since then native pickleweed (Salicornia virginica) has slowly increased on the site, making the areas 102 less valuable forwestern snowyplover nesting habitat. The Refuge has begun to conduct winter flooding in the Crescent Pond to reduce vegetative cover and improve western snowy plover nesting habitat. The 2003 acquisition of Cargill's West Bay, Alviso, and Baumberg Salt Ponds in the South Bay by California Department of Fish and Game and Don Edwards San Francisco Bay National Wildlife Refuge will greatly further the goal of achieving 810 hectares (2,000 acres) of ponds managed for western snowy plover habitat (see Recovery Action 2.6). The Refuge's long-term management plans for these areas will include management that is compatible with western snowy plover and will coordinate with the recovery goals of this Recovery Plan Q. Albertson, pers. comm. 2005). Many of the salt ponds are currently used for breeding and wintering by western snowy plovers. San Francisco Bay Bird Observatory is assisting the Refuge with salt marsh management and western snowy plover monitoring. h. Habitat Acquisition Acquisition and management of key sites is an important conservation effort. In October 1998, The Nature Conservancy transferred the approximately 193-hectare (483-acre) Lanphere-Christensen Dunes Preserve (part of Mad River Mouth and Beach, California, CA-7) to us for conservation purposes. The area will be managed by the Humboldt Bay National Wildlife Refuge for natural resources, including the western snowy plover. In October 1998, the Port of San Diego announced an agreement enabling approximately 560 hectares (1,400 acres) of Western Salt Company land (CA-131) to be managed by the San Diego National Wildlife Refuge. The salt ponds are a western snowy plover nesting and wintering area. As noted above, Cargill's transfer of the West Bay, Alviso, and Baumberg salt ponds, including 6,110 hectares (15,100 acres), to California Department of Fish and Game and Don Edwards San Francisco Bay National Wildlife Refuge was completed in 2003; portions of this area will be managed as western snowy plover habitat. i. Use of Volunteers Volunteers contribute to the conservation of western snowy plovers and their habitat at many beach locations, including Morro Bay and Oceano Dunes State Vehicular 103 Recreation Area, Point Reyes National Seashore, and Golden Gate National Recreation Area. Volunteers and docents assist public land managers in many ways (Appendix K), including informing park visitors about threats to the western snowy plover, reducing human and pet disturbances, and assisting with direct habitat enhancement (e.g., manual removal of European beachgrass; Figure 11). In 1998, the Western Snowy Plover Guardian Program was developed to assist the conservation and recovery o f western snowy p lovers in Monterey B ay. This pro gram is mainly a volunteer effort by local citizens who assist in protecting western snowy plovers through monitoring, reporting, and educational activities (D. Dixon in litt. 1998). Figure 11. High school students removing European beachgrass (photo by Kerrie Palermo, with permission). j. Public Outreach and Education Public land managers and private conservation organizations have produced public educational materials, including brochures, posters, flyers, and informational/interpretative signs regarding western snowy plovers (Appendix K). Environmental education/interpretation is recognized by land management agencies as an important tool that supports their mission of resource stewardship. Increased 104 understanding and appreciation of natural resources (specifically threatened and endangered species) often results in increased public support. This support is not easily measured and when the audience is children, results may not be seen until they reach adulthood. However, those agencies conducting western snowy plover education to date have found a positive response by individuals. In Oregon, on -site monitors of the U.S. Forest Service (Oregon Dunes National Recreation Area) and U.S. Bureau of Land Management report a willingness of the majority of contacted individuals to comply with restrictions after better understanding the reasons for them. The La Purisima Audubon Society, Santa Barbara County, produced an educational video about the western snowy plover and the California least tern in 1999. It was distributed to public schools and museums within Santa Barbara County in 2000. k. Section 6 Cooperative Agreements Section 6 of the Endangered Species Act allows us to enter into cooperative agreements with states that establish and maintain active programs for the conservation of listed species. Through funding under section 6, those states assist the recovery of endangered and threatened species and monitor their status. Between 2000 and 2006, traditional section 6 funds have been used for creation of a docent program at Silver Strand State Beach in California ($8,300); development of a water management plan at Moss Landing Wildlife Area, California ($4,886); surveillance and protection of snowy plover nests on California beaches ($92,000); and surveys, nest monitoring, protecting nests with exclosures, collecting data on human uses of beaches, and encouraging beach uses compatible with snowy plovers in Oregon ($64,386) and Washington ($48,677). HCP Planning grants were used for development of a habitat conservation plan to address management of beach use by the Oregon Parks and Recreation Department ($103,950) and development of an Environmental Impact Statement for this Habitat Conservation Plan ($200,000). A Recovery Land Acquisition grant ($307,000) supported purchase of a conservation easement on 89 hectares (220 acres) of western snowy plover habitat along 3.7 kilometers (2.3 miles) of the Elk River Spit. 105 3. Conservation Efforts on Private Lands Private landowners interested in conservation efforts for western snowy plovers and coastal dune habitats have made important contributions to recovery efforts for coastal dune species. At Ormond Beach, California, Southern California Edison has enhanced approximately 60 hectares (150 acres) of degraded wetlands and coastal dune habitat for several special status species, including the western snowy plover and California least tern (D. Pearson, Southern California Edison, pers. comm. 1996). 4. Federal Regulatory Program a. Critical Habitat On March 2, 1995, we published a proposed rule to designate critical habitat for western snowy plover at 28 areas along the coast of California, Oregon, and Washington (U.S. Fish and Wildlife Service 1995b). At that time, critical habitat was proposed to fulfill an outstanding requirement under section 4 of the Endangered Species Act to highlight important habitat areas on which activities that require Federal actions need to be evaluated under section 7 of the Endangered Species Act. A funding moratorium by the U.S. Department of the Interior for listing actions was in place during the period April 1995 to April 1996. We subsequently acknowledged a serious backlog of listing actions and the need to prioritize them (U.S. Fish and Wildlife Service 1996b). Hence, we developed guidance for assigning relative priorities to listing actions conducted under section 4 of the Endangered Species Act during fiscal years 1998 and 1999 (U.S. Fish and Wildlife Service 1998). Designation of critical habitat was placed in the lowest priority (Tier 3). Under this guidance, we placed higher priority on listing imperiled species that currently have limited or no protection under the Endangered Species Act than on devoting limited resources to the process of designating critical habitat for currently -listed species. In addition, we found that because the protection afforded by critical habitat designation applies only to Federal actions, such designation provides little or no additional protection beyond the "jeopardy" prohibition of section 7 of the Endangered Species Act, which also applies only to Federal actions (U.S. Fish and Wildlife Service 1998). l: In December 1995, legal challenges by the Environmental Defense Center, Santa Barbara, California, against the U.S. Department of the Interior to finalize designation of critical habitat for the western snowy plover were overruled by the California District Court (U.S. District Court, Central District of California 1995). At that time, the Court's order was based on its decision that lack of funding prevented the Secretary of the Interior from taking final action on proposals for designating critical habitat. However, on November 10, 1998, the U.S. District Court for the Central District of California ruled that the Secretary of the Interior must publish a final designation of critical habitat for the western snowy plover before December 1, 1999 (U.S. District Court, Central District of California 1998). A final rule designating critical habitat was published on December 7, 1999 (U.S. Fish and Wildlife Service 1999). In May of 2002 the Coos County Board of County Commissioners, Friends of Oceano Dunes, and Concerned Citizens for western Lane County filed a complaint asking for invalidation of the rule. The United States moved for voluntary remand to reconsider the economic analysis and for partial vacatur of the existing designation. On July 19, 2003, the District Court for the District of Oregon granted the United States' motion, ordering the Service on remand to consider the economic impact analysis and ensure that the new rule is based on the best scientific evidence available. This Order was converted to Judgment on July 2, 2003. Based on the potential for harm to the population, at the Service's request the court left most of the established units in place during the redesignation process, but vacated two units in southern California and two units in Washington. On December 17, 2004, we published a new proposal to designate critical habitat for the Pacific coast distinct population segment of the western snowy plover (U.S. Fish and Wildlife Service 2004b). The final rule to designate critical habitat was published on September 29, 2005 (U.S. Fish and Wildlife Service 2005). This rule designated critical habitat in 32 units, compared to 28 units in the 1999 critical habitat final rule, but covers only 4,921 hectares (12,145 acres) compared to 7,881 hectares (19,474 acres) in the 1999 rule. Of the 32 units, 23 are in California, 5 are in Oregon, and 3 are in Washington. Of the total acreage, 1,002 hectares (2,478.5 acres), or 20 percent, are on Federal lands; 2620.5 hectares (6,474 acres), or 53 percent, are on land owned by States or local agencies; and 1294.5 hectares (3,191 acres), or 26 percent, are privately -owned. 107 It is important to understand what critical habitat means and how it differs from this recovery plan. Section 3 of the Endangered Species Act defines critical habitat to mean: (i) the specific areas within the geographical area occupied by the species at the time it is listed on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed, upon determination that such areas are essential for the conservation of the species. The term "conservation" is defined in section 3 as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no longer necessary." Therefore, critical habitat is to include biologically suitable areas necessary to recovery of the species. Section 7 of the Endangered Species Act requires Federal agencies to consult with us to evaluate the effects that any activities they fund, authorize, or carry out may have on designated critical habitat. Agencies are required to ensure that such activities are not likely to adversely modify (e.g., damage or destroy) critical habitat. Because the issuance of permits under section 10(a)(1)(B) of the Endangered Species Act constitutes a Federal action or connection and is subject to an internal section 7 consultation, habitat conservation plans developed for actions on private lands must also analyze the potential for adverse modification of critical habitat. Accordingly, where Federal activities may affect westem snowy plover critical habitat, we will consult with Federal agencies under section 7 to ensure that these actions do not adversely modify critical habitat. Critical habitat designation does not create a wilderness area, preserve, or wildlife refuge, nor does it close an area to human access or use. It applies only to activities sponsored at least in part by Federal agencies. Such federally -permitted land uses as grazing and recreation may take place if they do not adversely modify critical habitat. Designation of critical habitat does not constitute a land management plan, nor does it signal any intent of the government to acquire or control the land. Therefore, if there is no Federal involvement (e.g., Federal permit, funding, or license), activities of a private landowner, such as farming, grazing, or constructing a home, generally are not affected by a critical habitat designation, even if the landowner's property is within the geographical boundaries of critical habitat (U.S. Fish and Wildlife Service 1993c). Without a Federal connection to a proposed action, designation of critical habitat does not require that landowners of State or other non -Federal lands do anything more than they would otherwise do to avoid take of listed species under provisions of section 9 of the Endangered Species Act. By comparison, a recovery plan delineates site -specific management actions that we believe are required to recover and/or protect listed species, establishes objective, measurable criteria for downlisting or delisting the species, and estimates time and cost required to carry out these actions. A recoveryplan is not a regulatory document and does not obligate cooperating or other parties to undertake specific tasks or expend funds. Critical habitat designation is not necessarily intended to encompass a species' entire current range. Recovery plans, however, address all areas determined to be important for recovery of listed species and identify needed management measures to achieve recovery. Because critical habitat designations may exclude areas based on factors such as economic cost, approved or pending management plans, or encouragement of cooperative conservation partnerships with landowners, the areas identified in recovery plans as important for recovery of the species may not be identical to designated critical habitat. The recovery units described in this recovery plan include but are not restricted to the 32 areas designated as critical habitat: Damon Point, Midway Beach, Leadbetter Point, Bayocean Spit, Baker/Sutton Beaches, Siltcoos to Tenmile, Coos Bay North Spit, and Bandon to Floras Creek in Recovery Unit 1; Lake Earl, Big Lagoon, McKinleyville area, Eel River area, MacKerricher Beach, and Manchester Beach in Recovery Unit 2; Point Reyes Beach, Limantour Spit, Half Moon Bay, Santa Cruz Coast, Monterey Bay Beaches, and Point Sur Beach in Recovery Unit 4; San Simeon Beach, Estero Bay, Devereaux Beach, Oxnard Lowlands in Recovery Unit 5; and Zuma Beach, Santa Monica Bay, Bolsa Chica area, Santa Ana River Mouth, San Onofre Beach, Batiquitos Lagoon, Los Penasquitos, and South San Diego in Recovery Unit 6. Implementation of the recovery actions in this recovery plan (e.g., monitoring, habitat improvement, nest protection, recreation management) may not be limited to designated critical habitat areas. 109 b. Section 9 Take Prohibitions Section 9 of the Endangered Species Act of 1973, as amended, prohibits any person subject to the jurisdiction of the United States from taking (i.e., harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting) listed wildlife species. It is also unlawful to attempt such acts, solicit another to commit such acts, or cause such acts to be committed. Regulations implementing the Endangered Species Act (50 CFR 17.3) further define "harm" to include significant habitat modification or degradation that results in the killing or injury of wildlife by significantly impairing essential behavioral patterns including breeding, feeding, or sheltering. "Harass" means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering. As an example under the authority of section 9 of the Endangered Species Act, on May 15, 1998, we received preliminary injunctive relief against the Town of Plymouth, Massachusetts, because their beach management failed to prevent take (killing) of a piping plover chick by an off -road vehicle (U.S. District Court for Massachusetts 1998). The judge's order prohibited off -road vehicle traffic through the piping plover's nesting season unless the town implemented specific management measures to preclude take, including twice -daily monitoring of nests and a 400-meter (1,148-foot) buffer of protected habitat for newly -hatched chicks. The proposed special rule under section 4(d) of the Endangered Species Act (U.S. Fish and Wildlife Service 2006b) would exempt most recreational and commercial activities within a county from section 9 prohibitions on take of western snowy plovers, if documentation of conservation actions was provided and populations within the county met targets based on the Management Goal Breeding Numbers in Appendix B of the recovery plan. Research and monitoring actions would continue to require recovery permits under section 10(a)(1)(A) of the Endangered Species Act. 110 c. Section 10 Permits Section 10 of the Endangered Species Act and related regulations provide for permits that may be granted to authorize activities otherwise prohibited under section 9, for scientific purposes or to enhance the propagation or survival of a listed species (i.e., section 10(a)(1)(A) permits). These permits have been granted to certain biologists of conservation organizations (e.g., Point Reyes Bird Observatory and Oregon Natural Heritage Program) and Federal and State agencies to conduct western snowy plover population monitoring and banding studies and construct predator exclosures. It is also legal for employees or designated agents of certain Federal or State agencies to take listed species without a permit if the action is necessary to aid sick, injured, or orphaned animals or to salvage or dispose of a dead specimen. Section 10(a)(1)(B) of the Endangered Species Act also allows permits to be issued for take of endangered and threatened species that is "incidental to, and not the purpose of, carrying out an otherwise lawful activity" if we determine that certain conditions have been met. An applicant for an incidental take permit must prepare a habitat conservation plan that specifies the impacts of the take, the steps the applicant will take to minimize and mitigate the impacts, funding that will be available to implement these steps, alternative actions to the take that the applicant considered, and the reasons why such alternatives are not being utilized. Conditions that we must meet include a determination: (1) whether the taking will be incidental, (2) whether the applicant will minimize and mitigate the impacts of such taking to the maximum extent possible, (3) that adequate funding for the recovery will be provided, (4) that the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild, and (5) of any other measures that we may require as being necessary or appropriate for the recovery plan. Section 10(a)(1)(B) of the Endangered Species Act provides for permits that have the potential to contribute to conservation of listed species. Such permits are intended to reduce conflicts between the conservation of listed species and economic activities, and to develop partnerships between the public and private sectors. 111 d. Section 7 Requirements and Consultations Section 7(a)(1) of the Endangered Species Act requires all Federal agencies to "utilize their authorities in furtherance of the purposes of [the] Act by carrying out programs for the conservation of endangered species and threatened species". Hence, Federal agencies have a greater obligation than do other parties, and are required to be pro- active in the conservation of listed species regardless of their requirements under section 7(a)(2) of the Act. Section 7(a)(2) of the Endangered Species Act requires Federal agencies to consult with us prior to authorizing, funding, or carrying out activities that may affect listed species. Section 7 obligations have caused Federal land management agencies to implement western snowy plover protection measures that go beyond those required to avoid take; for example, eradicating European beachgrass and conducting research on threats to western snowy plovers. Other examples of Federal activities that may affect western snowyplovers along the Pacific coast, thereby triggering a section 7 consultation, include permits for sand management activities or major restoration projects that affect coastal processes or that are targeted to protect other species on Federal lands such as dune plants (National Park Service, U.S. Department of the Interior); disposal of dredged materials (U.S. Army Corps of Engineers); military training (U.S. Department of Defense); and funding to public agencies for projects to repair beach facilities, such as public access paths (Federal Emergency Management Agency). e. Other Federal Regulations, Executive Orders, and Agreements Section 404 of the Clean Water Act, as amended, and section 10 of the Rivers and Harbors Act of 1899 are the primary Federal laws that could provide some protection of nesting and wintering habitat of the western snowy plover that is determined by the U.S. Army Corps of Engineers (Corps) to be wetlands or historic navigable waters of the United States. Excavation or placement of any fill material (including sand) below the high tide line, as defined under 33 CFR, Section 328.3(d), Definition of Waters of the United States, also requires a permit from the U.S. Army Corps of Engineers. Executive Order 11644, Use of Off -Road Vehicles on Public Lands, and Executive Order 11989, Off -Road Vehicles on Public Lands, pertain to lands under custody of 112 the Secretaries of Agriculture, Defense, and Interior (except for Native American Tribal lands). Executive Order 11644 requires administrative designation of areas and trails where off -road vehicles may be permitted. Executive Order 11989 states that "... the respective agency head shall, whenever he determines that the use of off - road vehicles will cause or is causing considerable adverse effects on the soil, vegetation, wildlife, wildlife habitat ... immediately close such areas or trails to the type of off -road vehicles causing such effects, until such time as he determines that such effects have been eliminated and that measures have been implemented to prevent future recurrence". Compliance with this executive order would promote prohibitions or restrictions on off -road vehicles so that they are not allowed to adversely affect sensitive habitats used by western snowy plovers. Executive Order 11988, Floodplain Management, and Executive Order 11990, Protection of Wetlands, provide protective policies that apply to western snowy plover habitats. Executive Order 11988 mandates that all Federal agencies avoid direct or indirect support of floodplain development wherever there is a practicable alternative. Executive Order 11990 mandates that all Federal agencies shall "provide leadership and shall take action to minimize the destruction, loss or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands..." Compliance with Executive Order 11988 would promote protection of beach and dune habitats through restrictions on development within floodplains. Application of Executive Order 11990 would promote protection of wetland habitats used by western snowy plovers. Executive Order 13112, Invasive Species, directs Federal agencies to prevent the introduction of invasive species; control their populations in a cost-effective and environmentally sound manner; monitor invasive species; restore native species and habitat conditions in ecosystems that have been invaded; conduct research and develop technologies to prevent their introduction; and promote public education on invasive species and the means to address them. This executive order also requires that a Federal agency "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species..." Compliance with this executive order would enhance western snowy plover habitats through (1) avoidance of use, approval, or funding the planting of invasive species 113 like European beachgrass; and (2) active programs to remove this invasive species and restore coastal dune habitats with native plant species. The Fish and Wildlife Coordination Act (16 U.S.C. 661-667e), as amended, requires that whenever aproposed public or private water development project is subject to Federal permit, funding, or license, the conservation of fish and wildlife resources shall be given equal consideration. This Act also requires that project proponents shall consult with us and the State agency responsible for fish and wildlife resources. Compliance with the Fish and Wildlife Coordination Act highlights the importance of considering and providing for the habitat needs of fish and wildlife resources when reviewing projects that would adversely affect these resources. The National Environmental Policy Act of 1969, (42 U.S.C. 4321-4347), as amended, requires that each Federal agency prepare an environmental impact statement on the potential environmental consequences of major actions under their jurisdiction. Environmental impact statements must include the impacts on ecological systems, any direct or indirect consequences that may result from the action, less environmentally damaging alternatives, cumulative long-term effects of the proposed action, and any irreversible or irretrievable commitment of resources that might result from the action. Compliance with the National Environmental Policy Act highlights the need to disclose, minimize, and mitigate impacts to biological resources, including western snowy plovers. The Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1464), as amended, established a program for states to voluntarily develop comprehensive programs to protect and manage coastal resources. To receive Federal approval and funding under this Act, states must demonstrate that they have programs and enforceable policies that are sufficiently comprehensive and specific to regulate land uses, water uses, and coastal development, and must have authorities to implement enforceable policies. Local coastal plans, local comprehensive plans, and implementing measures by coastal planning jurisdictions pursuant to the Coastal Zone Management Act should be developed, updated, and implemented with protective measures for western snowy plovers. 114 Western snowy plovers are protected under the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-712), as amended. Underthe MigratoryBird Treaty Act, prohibited acts include pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting any migratory bird, nest, or eggs without a permit from the U.S. Fish and Wildlife Service. 5. State Regulatory Protection, Policies, and Agreements In Washington, Oregon, and California, each state holds title to, and has regulatory jurisdiction over, the coastal intertidal zone. In Washington, the area between mean high tide to extreme low tide is the seashore conservation area under the authority of the Washington State Parks and Recreation Commission. In California, the California State Lands Commission has regulatory authority to the mean high tide line along the California coast. In Oregon, the Oregon Parks and Recreation Department administers the State beach for the ocean shore recreation area, which is defined as the area between the line of extreme low water and the statutory vegetation line, which is a line surveyed to the approximate line of vegetation that existed in 1969 (Oregon Revised Statutes 390.770). The Oregon Division of State Lands also has jurisdiction over waters of the state along the Pacific coast to the line of highest tide or the line of established vegetation, whichever is higher. Therefore, the Oregon Parks and Recreation Department has direct jurisdiction, authority, and responsibility for management of western snowy plover habitats in the State of Oregon, which owns not only to the mean high tide line, which is western snowy plover foraging habitat, but also into the vegetation line, which is essentially the dry sand area used by western snowy plovers for nesting. State coastal planning and regulatory agencies, such as the California Coastal Commission, require preparation of local coastal zone management plans by local coastal municipalities. These local coastal zone management plans must comply with the Coastal Zone Management Act of 1972 regarding protection of coastal resources, including natural resources. Under the California Coastal Management Program, coastal resources are managed and cumulative impacts addressed through: (1) coastal permits and appeals; (2) planning and implementation of local coastal programs; and 115 (3) Federal consistency review. However, effective management of cumulative impacts is difficult under the existing management framework because multiple jurisdictions have varying policies and standards in different geographic areas (California Coastal Commission 1995). Through the Coastal Commission's regional cumulative assessment program, cumulative impacts to coastal resources can be addressed through the periodic review of local coastal programs. In California, most local coastal programs and general plans were completed prior to 1993 (when we listed the western snowy plover as a threatened species); therefore, many do not reflect protective measures specifically for the western snowy plover. The Oregon Department of Land Conservation and Development is the designated coastal zone management agency for the State of Oregon. The State of Oregon's land use planning system has several elements that are related to conservation of western snowy plovers and their habitats. In Oregon, local jurisdictions (cities and counties), service districts, and State agencies are required to develop Local Comprehensive Plans and Implementing Measures, such as zoning and land division ordinances, to effect these plans. Each plan must satisfy a set of 19 goals established through Oregon land use law and policy. Plans must be reviewed by the Land Conservation and Development Commission for consistency with these goals before they can be put into effect. Several of the planning goals have application to, or should be considered during, planning for western snowy plover conservation and recovery. These goals include: Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources; Goal 7 - Areas Subject to Natural Disasters and Hazards; Goal 8 - Recreational Needs; Goal 16 - Estuarine Resources; Goal 17 - Coastal Shorelands; and Goal 18 - Beaches and Dunes. Taken in aggregate, the elements of these goals that can contribute to western snowy plover recovery include: several requirements for protection of wildlife habitat; requiring protection of estuarine ecosystems including habitats, diversity, and other natural values; establishing that uses of beaches and dunes shall be based on factors including the need to protect areas of critical environmental concern and significant wildlife habitat; 116 • requiring that coastal plans provide for uses of beaches and dunes that are consistent with their ecological values and natural limitations; • requiring an evaluation of the beneficial effects to natural resources from allowing continuation of natural events that are hazardous to human developments (such as erosion and ocean flooding); • establishing a preference for nonstructural solutions to erosion and flooding of coastal shorelands over structural approaches (such as seawalls and rip -rap); • requiring that development of destination resorts be compatible with adjacent land uses and maintain important natural features such as threatened and endangered species habitats; • encouraging coordination among State, Federal, and local governmental agencies while developing recreation plans, and discouraging development of recreation plans that exceed the carrying capacity of the landscape; • encouraging planning for Open Space, Scenic and Historic Areas, and Natural Resources (Goal 5), Recreational Needs (Goal 8), and Coastal Shorelands (Goal 17) in close coordination; and • allowing dune stabilization programs only when in conformance with the overall comprehensive plan and after assessment of the potential impacts. Some aspects of these planning goals could be interpreted to be contrary to western snowy plover conservation and recovery when viewed in isolation. However, when viewed in the context of the entire goal or all the planning goals, these elements should be compatible with western snowy plover conservation and carefully -planned habitat restoration activities. Two such elements are the directive to increase recreational access to coastal shorelands and the restrictions placed on dune grading and removal of vegetation. Goal 17 - Coastal Shorelands directs local governments and the Oregon Parks and Recreation Department to develop a program to increase public access. In many areas, recreational use of western snowy plover habitat during the nesting season is detrimental to or incompatible with western snowy plover conservation. However, this goal also recognizes that many shorelands have unique or exceptional natural area values, includes the objective of reducing adverse impacts to fish and wildlife habitat associated with use of coastal shorelands, clearly establishes that significant wildlife habitat shall be protected, establishes that uses of such habitat areas shall be consistent with protection of natural values, and directs recreation plans to provide for "appropriate" public access and recreational use. Goal 117 18 - Beaches and Dunes directs local governments and State and Federal agencies to regulate actions in beach and dune areas to minimize any resulting erosion and only allows foredune breaching to replenish interdune areas or in the case of an emergency. Western snowy plover habitat restoration efforts in areas that have been overtaken by European beachgrass (Ammophila arenaria) may involve foredune breaching, vegetation removal, dune grading, and other actions that will remove the European beachgrass and restore the natural beach and dune processes of sand movement, including erosion and deposition. However, this goal also recognizes the need to protect areas of critical environmental concern, areas of biological importance, and areas with significant habitat value, specifically identifies removal of"desirable" vegetation as an action requiring minimization of erosion, and requires that any foredune breaching be consistent with sound principles of conservation. The Washington State Parks and Recreation Commission administers the Seashore Conservation Act of 1988 in accordance with the Revised Code of Washington and the Washington Administrative Code. The Seashore Conservation Area (Revised Code of Washington 43.51) emphasizes the importance of beaches to the public for recreational activities. In designating beach areas to be reserved for pedestrian use, it considers natural resources, including protection of shorebird and marine mammal habitats, preservation of native beach vegetation, and protection of sand dune topography. Chapter 352-37 (Ocean Beaches) of the Washington Administrative Code requires local governments within the Seashore Conservation Area to prepare recreation management plans that designate at least 40 percent of the ocean beach for use by pedestrians and nonmotorized vehicles from April 15 to the day after Labor Day. These regulations also identify restrictions on certain uses within ocean beaches, including motor vehicles, equestrian traffic, speed limits, aircraft, wind/sand sailers, parasails, hovercraft, group recreation events, and beach parking and camping. In 1989, an interagency agreement was signed by the Washington Department of Natural Resources, Washington State Parks and Recreation Commission, Washington Department of Wildlife, and City of Ocean Shores regarding management of mixed uses at Damon Point. The intent of the agreement was to protect western snowy plovers while allowing recreation. State regulations, policies, and goals for the States of California, Oregon, and Washington provide many protective measures for western snowy plovers. However, 118 because they frequently emphasize public uses of beach habitat, there is potential for conflicts between human uses of the coastal zone and needed management measures for recovery of the western snowy plover. The California Department of Parks and Recreation has written management guidelines for the western snowy plover which are meant to be used in conjunction with the recovery plan. Management actions will be implemented from the guidelines and may result in changes in how coastal units are operated. Increased emphasis will be required for monitoring, nest area protection, prohibition of certain activities in important nesting areas, and public education. 6. Consultations, Habitat Conservation Plans, and Other Regulatory Actions Through consultations with Federal agencies under section 7 of the Endangered Species Act and through the development of habitat conservation plans with non - Federal agencies developed under section 10 of the Endangered Species Act, we provide nondiscretionary terms and conditions that minimize (sections 7 and 10) and mitigate (section 10) the impacts of covered activities on listed species and their habitat. Several major consultations and habitat conservation planning efforts to benefit the western snowy plover have been completed or are currently under way. In 1995 our Sacramento Fish and Wildlife Office completed formal consultation with the National Park Service, Golden Gate National Recreation Area, on the effects of their management of Ocean Beach, San Francisco on the western snowy plover. Ocean Beach experiences tremendous visitor use year-round because of its proximity to San Francisco, yet it supports high numbers ofnonbreeding western snowy plovers, which may be present from May through July. The consultation covered actions and policies the National Park Service had taken that resulted in unnecessary harassment of nonbreedingwestern snowyplovers. Most significant of these measures was their policy not to enforce regulations requiring pets to be leashed and under control by their owners on all National Park Service lands. Data collected by the National Park Service clearly identified that unleashed dogs were the most significant disturbance factor of the many sources of disturbance to western snowy plovers on Ocean Beach. As a result of the consultation, the National Park Service began to enforce their "leash law" along 3.2 kilometers (2 miles) of beach utilized by western snowy plovers. The 119 National Park Service implemented this policy despite vocal and persistent opposition by the San Francisco Society for the Prevention of Cruelty to Animals and other local advocacy groups, including the "Rovers for Plovers", which organized themselves to challenge the National Park Service's leash law. These groups were successful in advocating their position in numerous television news stories and articles in local newspapers. At the height of this discourse, the local public radio station held a round -table discussion between the National Park Service, U.S. Fish and Wildlife Service, and Society for the Prevention of Cruelty to Animals, and solicited audience members to call in and identify their viewpoint. The overwhelming majority of callers supported leash law restrictions that would minimize harassment of western snowy plovers. Our Arcata Fish and Wildlife Office has formally consulted with the U.S. Army Corps of Engineers regarding gravel extraction on the Eel River, California. Gravel mining operations are subject to permits from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. The western snowy plover breeds on the Eel River gravel bars. Impacts to the western snowy plover and its designated critical habitat associated with gravel mining operations have been assessed based on nesting surveys and changes to habitat resulting from gravel extraction. The Arcata Fish and Wildlife Office has also worked with Humboldt County, the California Department of Fish and Game, and the California Department of Parks and Recreation to implement additional protections for nesting western snowy plovers at MacKerricher, Manchester, Little River, Humboldt Lagoons, and Prairie Creek State Parks; Clam Beach County Park, and the Eel River Wildlife Area. These measures include installation of nest exclosures, signing, and development of educational material for kiosks. Technical assistance has also been provided to Prairie Creek State Park and MacKerricher State Park on exotic vegetation management programs (J. Watkins in litt. 1999, pers. comm. 2001). A section 7 consultation with the Bureau of Land Management on finalization of a management plan for Humboldt Bay South Spit is expected to be initiated soon (J. Watkins, pers. comm. 2006). Our Ventura Fish and Wildlife Office is attempting to initiate a regional approach to habitat conservation planning for western snowy plovers and other listed species along Monterey Bay in Monterey County, California. Currently, there are several proposed development projects within the city of Sand City and a "city wide" habitat 120 conservation plan has been prepared for these projects. The City of Sand City has yet to present a complete draft of their habitat conservation plan to the Ventura Fish and Wildlife Office for review. Formerly, the City of Marina was also proposing several coastal developments that were expected to have adverse effects on western snowy plovers, but these projects are no longer planned due to changes in land ownership and other factors. The City of Marina has halted the drafting of a habitat conservation plan for lands within their jurisdiction. We have expressed concerns about projects being presented in a piecemeal fashion, which does not allow an adequate assessment of their cumulative effects, and have recommended a regional approach through preparation of a regional habitat conservation plan. This plan would provide greater conservation benefits to the western snowy plover. In addition to the adverse effects of development on western snowy plovers and their habitat, recreation on the extensive public lands along Monterey Bay is also adversely affecting western snowy plovers. Therefore, public land managers, including our Refuges Division, the California Department of Parks and Recreation, the California Department of Fish and Game, and the Monterey Peninsula Regional Park District, need to be involved in planning efforts along Monterey Bay. Through the consultation process, our Ventura Fish and Wildlife Office determined that a draft biological opinion on Vandenberg Air Force Base's initial proposed beach management plan for the western snowy plover, concluding that the plan would "likely jeopardize the continued existence of the western snowy plover and adversely modify its critical habitat." Our draft biological opinion of January 2001 pointed out that the Air Force's beach plan would have allowed twice as much nesting habitat to be open to public recreation as was allowed during the 2000 breeding season, and it would have reduced the time the Air Force spends patrolling the beaches by about 80 percent. Based on this feedback, the Air Force subsequently reinitiated consultation on a modified version of the beach management plan, including commitments to signage, information kiosk, and enforcement patrols. The Ventura Fish and Wildlife Office issued a non jeopardy biological opinion on the modified action in March 2001. Beach opening and full implementation of conservation measures was implemented on May 25, 2001, with hours and days of open beach limited due to limited availability of enforcement personnel. For the next three breeding seasons (2002, 2003, 2004), the Service issued biological opinions on annual beach management plans proposed by the Air Force. In 2004, we had a series of meetings 121 with the Air Force to discuss their beach management strategy and its effects on the western snowy plover. Through a cooperative effort, the Service and the Air Force came to agreement on a 5-year beach management plan that includes many of the same protective measures that had been in place the last several years, yet allows the Air Force to provide recreational access seven days a week. On March 1, 2005, the Ventura Fish and Wildlife Office issued a new non jeopardy biological opinion on the Air Force's proposed 5-year beach management plan (2005-2009). Our Ventura Fish and Wildlife Office is also involved with the development of a habitat conservation plan being funded by the Off -Road Vehicle Division of the California Department of Parks and Recreation for the Pismo/Oceano Dunes State Vehicular Recreation Area and other State parks within the San Luis Obispo District of the California Department of Parks and Recreation. The Ventura Fish and Wildlife Office is also involved in the development of a HCP for the Rancho Guadalupe County Park, Santa Barbara, California. These habitat conservation plans will evaluate and mitigate for effects that recreation and park management activities are having on the covered species, including the western snowy plover. Recent consultations handled by our Newport Field Office include those in response to the New Carissa Oil Spill, a consultation on BLM management actions at the New River Area of Critical Environmental Concern (ACEC), and a consultation on the Integrated Predator Damage Management Program 2002 to 2007. The Oregon Parks and Recreation Department is currently developing a Habitat Conservation Plan that proposes restrictions on some Oregon beaches to help the plover population recover. The New Carissa oil spill was a long and complicated incident involving a variety of Federal, State, local and private participants. On February 4, 1999, the New Carissa, carrying 359,000 gallons of bunker oil and 37,400 gallons of diesel, grounded on the north spit of Coos Bay and began leaking oil shortly thereafter. Subsequently, oil and oiled wildlife were observed on the beach. Attempts were made to burn off the oil. The vessel broke into two pieces during the second attempt. There were three formal consultations associated with the New Carissa between 1999 and 2000. The first consultation addressed the effects of issuing permits for salvage of the New Carissa stern section, the second the effects of restoring recreational access to the Coos Bay north spit, and the third the response efforts led by the Coast Guard. In all 122 three consultations, it was concluded that the proposed actions would not jeopardize the western snowy plover if protective measures required to limit take were implemented. A consultation on the New River ACEC was completed in 2005. The purpose of the biological opinion was to address a variety of issues: recreation management at Floras Lake where measures were not adequately protecting nesting plovers; the periodic construction of a breach on the New River spit to improve fish and wildlife habitat and alleviate flooding; increased habitat restoration; and the development of a primitive beach camping area. A consultation on Oregon's Integrated Predator Damage Management Program was completed in 2001. The objective of this program is to assist in recovery of the western snowy plover in Oregon by improving western snowy plover nesting and fledging success, through 1) expanding assessment efforts to all western snowy plover breeding and nesting locations to determine predator species responsible for nest, chick and adult predation; and 2) reducing the local predator populations where feasible and where the predator species or individual is known. The consultation calls for a variety of lethal and non -lethal methods to be used by APHIS-WS personnel to control the predator population. The Oregon Parks and Recreation Department has been working with various cooperating agencies to develop a Habitat Conservation Plan for Oregon beaches. The Oregon Parks and Recreation Department is responsible for various management activities for most of Oregon's coast, including recreation management, general beach management, and the management of natural resources. In addition, the Oregon Parks and Recreation Department is responsible for issuing various permits along the Oregon coast. Some of these activities may result in "take" of or harm to the snowy plover. A draft version of the Habitat Conservation Plan was distributed to the public in January 2004. The Oregon Parks and Recreation Department conducted public meetings in seven coastal communities to solicit public comment. The area covered under the HCP includes the portions of the ocean shore along the Oregon coast that extend between the mouth of the Columbia River South Jetty on the north and the California/Oregon border on the south (approximately 230 miles of beach). In addition, specific portions of six key state parks, state natural areas, and state 123 recreation areas are included in the covered lands to be managed for snowy plover recovery. Implementation of the plan will begin after approval and completion of the Habitat Conservation Plan and its associated documents. In southern California, we, through our Carlsbad Fish and Wildlife Office, have worked with local jurisdictions to develop regional habitat conservation plans under section 10 of the Endangered Species Act. The Multiple Species Conservation Program addresses southwestern San Diego County, including, for example, western snowy plover breeding habitat in south San Diego Bay through the City of San Diego. The Multiple Habitat Conservation Program addresses northwestern San Diego County. This plan provides for the conservation of western snowyplover breeding habitat and will potentially result in more management in association with a proposed preserve. Also in San Diego County, we have been working with the Navy and the Marine Corps to avoid and minimize impacts to western snowy plovers. For example, with the assistance of our programmatic biological opinion in 1995, the Marine Corps has addressed training -related impacts on western snowy plovers and other species on approximately 17 miles of coastline on Camp Pendleton. We have likewise worked with the Navy at Naval Base Coronado to develop a program to conserve western snowy plover nesting and breeding habitat and allow necessary military training. As a result of successful management on these San Diego County military installations, they support a majority of the western snowy plover population in Recovery Unit 6 (e.g., roughly 65 percent in 2006 from window survey data) while the military installations accomplish their respective training missions. In the past, several instances were documented of western snowy plover nests being trampled by cattle belonging to the Vail and Vickers Company on Santa Rosa Island within the Channel Islands National Park, owned and managed by the National Park Service. In 1996, a lawsuit to remove cattle from Santa Rosa Island was initiated by the Environmental Defense Center, Santa Barbara, on behalf of the National Park Conservation Association. It was initiated under the authority of the Clean Water Act and the Endangered Species Act, based on concerns about management of livestock by the National Park Service and associated impacts to water quality and sensitive 124 plant and animal species. As a result of a lawsuit settlement, all cattle were removed from Santa Rosa Island in early 1998. 7. Regulatory Protection and Policies of Local Governments Local governments regulate municipal land uses through development of local land use plans, general plans, comprehensive plans, and zoning policies. On April 21, 1998, we requested that county and coastal city planners within the states of Washington, Oregon, and California complete land -use management surveys regarding the western snowy plover. We sent surveys to 91 State, county, or coastal city planners and received responses from 37 percent of the recipients. Approximately 50 percent of the respondents were aware that western snowy plover habitats occur within their jurisdictions. However, only about one-third knew whether sandy beach and other habitats within their jurisdictions provided breeding and/or wintering habitat for western snowy plovers. Many general plans, coastal zone programs, and comprehensive plans prepared by local governments contain land use designations that are protective of western snowy plover habitats (e.g., parkland, open space, and conservation designations for sandy beach). However, allowable uses in or adjacent to these zones, such as development (e.g., seawalls, recreational facilities, single-family homes), recreation and public access, could cause direct or indirect threats to breeding or wintering western snowy plovers. Whereas 43 percent of the respondents include regulatory policies that protect western snowy plover habitat (e.g., sandy beach) in their general plans, local coastal programs or comprehensive plans, only 8 percent have developed regulatory policies specifically to protect the western snowy plover. These respondents included the City of Half Moon Bay, California, and Coos and Curry Counties, Oregon. Only 23 percent of the respondents specifically explain the threatened status of the western snowy plover, identify western snowy plover breeding/wintering locations, or specify shorebird nesting/roosting habitats as environmentally sensitive habitat areas in their jurisdictions. About 50 percent of the respondents indicated they either (1) have approved development within or adjacent to sandy beach or other habitats used by the western snowy plover, or (2) did not know whether such development had been approved by their agency. About half of these same respondents could provide some information on the number of permits authorized, area or linear distance affected, 125 percentage of development types (e.g., housing, recreational) permitted, and permit conditions. Based on these responses, it seems that specific locations of, and protective measures for, western snowy plover breeding and/or wintering locations are not included in most of the existing general plans, comprehensive plans, local coastal programs, or their implementing ordinances. Also, to better assess cumulative impacts, these responses indicate a need for a better tracking method regarding development projects approved within and adjacent to western snowy plover habitat. 8. Interagency Coordination Each of the six recovery units for the western snowy plover is represented by a working group which meets at least once a year to coordinate western snowy plover recovery efforts. The working groups have provided a forum for the participation of affected Federal and State agencies and others in discussion, implementation, and adjustment of recovery efforts. Items addressed include research and monitoring needs, predator control, recreation management, habitat restoration, public outreach and law enforcement. In addition, a joint meeting of all six working groups is held annually. This group, consisting of beach managers, researchers, and outreach staff, meet to discuss range -wide issues (within the United States), to coordinate recovery actions, to learn from the experience of others, and to share information and research. Attendees have included local, State, and Federal agency staff, non -governmental organizations, consulting firms, private citizens, and volunteers. The recovery unit working groups vary somewhat in organizational structure depending on major local issues, patterns of land ownership within the area, and specific agencies responsible for management. For example, the Oregon/Washington working group is composed of several subcommittees, including Outreach, Media, Predator Control, Research, Law Enforcement, and Recovery Plan Implementation. They facilitate funding partnerships for monitoring and management programs, thus promoting the best use and leveraging of limited funds. They also act as the main forum for discussing and tracking the status and trends of the snowy plover population. The subcommittees have worked on or supported a variety of cooperative projects, such as monitoring of yearly reproductive success, predator control, and 126 outreach materials. Products developed by the Outreach subcommittee include an outreach plan for Oregon/Washington and "Share the Beach" bookmarks, table tents, dog leashes, brochures, interpretive signs, and coloring books. The Media subcommittee is producing a media outreach CD for distribution to various media outlets and inter -agency press releases. The Predator Control subcommittee approved a predator management plan for Oregon, which first went into effect in 2002. The purpose of the Research subcommittee is to identify research and monitoring priorities, establish criteria for setting priorities, review proposed projects, and address funding mechanisms. The Law Enforcement subcommittee focuses on improving compliance with rules and regulations in plover nesting areas and the Recovery Plan Implementation subcommittee is working on guidance that would assist in "stepping down" the recovery plan for Oregon and eventually Washington. In 1998, an interagency effort in Oregon produced a slide show and portable display to educate beach visitors about western snowy plover conservation. Outdoor education specialists and/or western snowy plover biologists from the U.S. Bureau of Land Management, U.S. Forest Service, Oregon Department of Fish and Wildlife, Oregon Parks and Recreation Department, and U.S. Fish and Wildlife Service participated in this effort. The show provides basic information about the western snowy plover, the reasons for its decline, and actions needed for its recovery, emphasizing the contribution that beach visitors can make. 127 128 II. RECOVERY A. RECOVERY STRATEGY The recovery strategy for the Pacific coast population of the western snowy plover (western snowy plover) includes three major components: 1) increase population numbers distributed across the range of the Pacific coast population of the western snowy plover; 2) ameliorate or eliminate threats by conducting intensive ongoing management for the species and its habitat, and developing mechanisms to ensure management in perpetuity; and 3) monitor western snowy plover populations and threats to determine success of recovery actions and to refine management actions. Developing and implementing intensive adaptive management actions, ensuring that management will continue in perpetuity, and monitoring to refine management actions, are all necessary to achieve the targeted population increases across the range. These three major components of the recovery strategy each include many actions and multiple partners that are described in further detail below. 1. Recovery Strategy Components The following recovery strategy components will guide future recovery efforts for the U.S. Pacific coast population of the western snowy plover. a. Population increases should be distributed across the western snowy plover's Pacific coast range. A key component of recovering western snowy plovers is to ensure that population increases are distributed throughout the species' Pacific coast range. In order to achieve this, management goals (Appendix B) and needed management actions (Appendix C) have been determined for 155 sites distributed along the coasts of southern Washington, Oregon, and California. Additionally, the population's range has been divided into six recovery units (see discussion below) with population goals established for each recovery unit. The six recovery units correspond to regions of the U.S. Pacific coast and to the six subpopulations used in the Population Viability Analysis for the Pacific coast Snowy Plovers (Appendix D). In the population viability analysis, the Pacific coast population of the western snowy plover is treated 129 as a metapopulation, defined as a set of subpopulations among which there is limited dispersal. The population viability analysis assumes dispersal among subpopulations is limited; however, even limited dispersal among subpopulations is important to species survival and recovery. Dispersal of the population across its breeding range helps to counterbalance catastrophes, such as extreme climatic events, oil spills, or disease that might depress regional survival and/or productivity. Maintaining robust, well - distributed subpopulations should reduce variance in survival and productivity of the Pacific coast population of the western snowy plover as a whole, facilitate interchange of genetic material between subpopulations, and promote recolonization of any sites that experience declines or local extirpations due to low productivity and/or temporary habitat loss. This recovery plan and the population viability analysis (Appendix D) consider the U.S. Pacific coast population of the western snowy plover to be a single management entity, and population goals and objectives are based on that premise. No portion of the Pacific coast population of the western snowy plover appears to function as a distinct population segment. The Recovery Team therefore recommends that no State, geographic region, or subpopulation of the Pacific coast population of the western snowy plover be considered for delisting separately from the others. b. Remove or reduce threats by conducting intensive ongoing management for the species and its habitat, and develop mechanisms to ensure management in perpetuity to prevent a reversal of population increases following delisting under the Endangered Species Act. Management consists of multiple components, including identifying actions to ameliorate or eliminate threats, developing mechanisms to ensure management in perpetuity, continuing outreach and education to provide information to the public, partners, and stakeholders on recovery needs and opportunities, and developing of partnerships among Federal, State, and local agencies and groups to develop and implement effective management. Management actions for the western snowy plover are described in the recovery action outline and in Appendix C. These management actions are necessary to eliminate or ameliorate threats to the western snowy plover, 130 including loss, degradation, and alteration of habitat; disease, predation; and other manmade factors including disturbance of breeding and wintering birds, contaminants, and oil spills. In addition to specific management recommendations to ameliorate or eliminate threats, the recovery action outline and recovery strategy for the western snowy plover include several recovery actions to develop mechanisms to ensure that management actions continue in perpetuity to ensure that threats remain neutralized. These include establishing working groups and developing participation plans for each recovery unit; ensuring sufficient U.S. Fish and Wildlife Service staff to coordinate recovery of the Pacific coast population of the western snowy plover; developing and implementing management plans for publicly owned lands; assisting local governments and private land owners in developing habitat conservation plans, developing land use protection measures, and developing landowner agreements; and acquiring habitat where necessary. A key component of these efforts includes education and outreach to inform partners and the public about recovery needs and opportunities for the western snowy plover. Actions for outreach are included in the recovery action outline, and the Information and Education Plan (Appendix K) provides greater detail on implementing these outreach and education actions. Participation of many different groups will be essential to achieve both short-term and long-term management for the western snowy plover and its habitat. The roles of various groups, potential conservation tools and funding available, and the Recovery Team's vision for participation and coordination of partners are further described below. c. Annual monitoring of western snowy plover subpopulations and reproductive success, and monitoring of threats and effects of management actions in reducing threats, is essential for adaptive management and to determine the success of recovery efforts. The recovery action outline describes monitoring for breeding, wintering, and migration areas both to determine whether population numbers and survival of western snowy plovers is increasing and whether threats continue to limit population increases. Additional research actions are also recommended to study certain threats 131 and develop management techniques and monitoring methods. Results from research and monitoring efforts will be used to develop, refine, and improve management of western snowy plovers and their habitat. Monitoring of demographic characteristics will be necessary to demonstrate that population goals in the recovery criteria are being achieved. Monitoring of threats and effects of management actions in reducing those threats also is essential in demonstrating progress toward recovery and ultimately will assist in threats analyses necessary to make a delisting determination. 2. Roles of Federal, State, Local, and Private Sectors a. Role of Federal Lands Federal lands administered by the U.S. Fish and Wildlife Service, National Park Service, U.S. Forest Service, U.S. Bureau of Land Management, the National Marine Sanctuary Program, U.S. Marine Corps, and the U.S. Departments of the Army (including Corps of Engineers), Navy, and Air Force are extremely important to the conservation of the western snowy plover. In California, breeding occurs on National Wildlife Refuge lands, Department of Defense lands, Bureau of Land Management lands, and National Park Service lands. In Oregon, the major Federal landowners are the U.S. Forest Service and Bureau of Land Management, although the State also has jurisdiction over much of the Federally owned area (from mean high tide to the vegetation line) through a recreational easement (E.Y. Zielinski and R.W. Williams in litt. 1999). In Washington, the breeding area at Leadbetter Point is within a National Wildlife Refuge. Under section 7(a)(1) of the Endangered Species Act, Federal agencies are required to actively promote the conservation of listed species. The western snowy plover cannot be recovered simply through general habitat protection or complying with required section 7(a)(2) consultations. The western snowy plover must be actively monitored and managed for the purpose of recovery or its population size will decline. Federal agencies alone cannot assure recovery of the western snowy plover, but should have a leading role in monitoring and management efforts to assure survival and recovery of this species. Some Federal lands contain large areas of contiguous habitat, including adjacent inland areas that are easier to manage for conservation of natural resources than fragmented, linear strips of land that maybe owned by states, counties, cities, 132 and private landowners. Protection of western snowy plovers and their habitat on Federal lands is important not only because of the direct benefits to plovers that use these areas, but also because plover protection programs on Federal lands frequently utilize state -of -the art management measures and therefore serve as examples to non - Federal landowners. The Federal Government also should take the lead in addressing the sensitive issue of predator control. b. Role of -State Lands State lands administered by the California Department of Parks and Recreation, California Department of Fish and Game, Oregon Department of Fish and Wildlife, Oregon Parks and Recreation Department, Washington Department of Fish and Wildlife, Washington State Parks and Recreation Commission, and Washington Department of Natural Resources play an important role in conservation of western snowy plovers and their habitats. Intensive management for western snowy plovers occurs at a number of State-owned plover habitat areas. The western snowy plover cannot be preserved simply through general habitat protection. Western snowy plovers must be actively monitored and managed to achieve recovery goals on State lands or their population size will decline. c. Roles of State and Local Governments State and local government agencies, including state planning agencies and city and county planning and community resources departments, have the primary responsibility for overseeing land uses within their jurisdictions. Therefore, their involvement in future recovery planning and implementing processes is critical. All Appendix B locations should be identified as environmentally sensitive habitat areas requiring protective measures for the western snowy plover in state and local planning documents and zoning designations. Local coastal programs should be amended to include these areas. To facilitate this effort, Federal and State agencies managing western snowy plover habitat should provide technical assistance and information to local governments (see Actions 3.1.6, 3.1.7 and 5.2). We can provide detailed maps of current western snowy plover breeding and/or wintering locations; these maps will be updated periodically as needed. 133 d. Role of Municipal Lands Regional, county, and city lands, including regional and municipal park districts, also serve a role in conserving breeding and wintering habitats for western snowy plovers. Because these areas frequently receive heavy pedestrian and recreational use, local jurisdictions with active public outreach programs can reach a large segment of the coastal community regarding the plover's status and habitat needs. e. Role of Private Lands Conservation efforts on private lands are needed for the survival and recovery of many listed and other sensitive species. Private landowners can also make important contributions to western snowy plover conservation through facilitating or allowing the monitoring of western snowy plover populations on their land and implementing protective measures. 3. Conservation Tools and Strategies There are numerous conservation tools and strategies available to Federal, State, municipal, and private landowners interested in western snowy plover protection and recovery. Appendix H includes a summary of conservation tools and strategies that may be adopted by landowners, nonprofit organizations, and regulatory agencies to protect western snowy plover habitat. 4. Funding Sources Appendix I includes a summary of some potential sources of funds for implementation of recovery actions for the western snowy plover. This list is not intended to be exhaustive, however, and other funding opportunities may also be available. An essential mechanism for recovery of the western snowy plover is the development and implementation of participation plans for each of the six recovery units (see Action 3.1.2). A key element of these participation plans is the long-term commitment by participating agencies to seek annual, ongoing funding for western 134 snowy plover management and monitoring activities so that funding within agency budgets can be secured. In many areas a significant portion of western snowy plover conservation resources are expended in efforts to minimize the adverse impacts of recreation. Often, the primary objective of signs, ropes, on -site interpretation, and enforcement is to manage the behavior of beach -goers such that impacts to western snowy plovers are reduced as much as possible. In areas that have suffered extensive habitat loss or degradation, such recreation management activities are an extremely high priority in order to protect the western snowy plovers using the limited habitat that remains. For some beach managers, much of the funding and staff time expended on recreation management in and near western snowy plover habitat comes from resources targeted for threatened and endangered species recovery. In absence of the need to coordinate and pay for recreation management activities, more of these limited conservation dollars and staff resources could be directed toward western snowy plover management actions such as biological monitoring, habitat restoration, and predation control. This situation is unique in the experience of many resource biologists. More typically, avoidance, minimization, and mitigation measures are integral components of projects or programs that entail adverse impacts to sensitive resources, and the costs of these activities are regarded as part of the overall cost of the project or program. Applying this traditional construct to recreation projects and programs could significantly promote western snowy plover recovery in several ways. First, it would require impacts to western snowy plovers to be considered up front when planning beach access or other recreation projects. Second, it would encourage impact avoidance and minimization since such measures are often less expensive than mitigation. Third, it would promote involvement of recreation professionals in designing and implementing recreation management measures. And fourth, it would eliminate or reduce the diversion of biological resource management funds toward recreation management activities, thus enabling more of those dollars to be spent on western snowy plover recovery actions. 135 5. Coordination, Participation, and Working Groups We strongly believe that a collaborative stewardship approach to the proactive management of listed species involving government agencies (Federal, State, and local) and the private sector is critical to achieving the ultimate goal of recovery of listed species under the Endangered Species Act. An essential mechanism to achieve recovery of the western snowy plover is the formation and maintenance of working groups for each of the six recovery units (Appendix A), (see Action 3.1.1). Representation from the full range of Federal, State, local, and private landowners and other parties who have a stake in western snowy plover conservation within each of these six recovery units is needed to advance the recovery actions recommended in this recovery plan. Working group membership should include land managers, environmental groups, user groups, and groups involved in conservation projects (including local chapters such as the National Audubon Society, Sierra Club, Native Plant Society, Americorps, California Conservation Corps, Boy Scouts, Surfrider Foundation, and other recreational use groups). These groups can provide large networks of volunteers who can be mobilized to assist public resource agencies in the implementation of management measures for protection and recovery of the western snowy plover. Working groups for each of the six recovery units currently exist and convene annually for regional and rangewide meetings. Through evaluation, communication, and coordination, members of each of the six working groups should manage the western snowy plover population and monitor progress towards recovery. They should produce annual reports on population monitoring and the effectiveness of management activities for the working group and our Arcata Fish and Wildlife Office. Each of the six working groups should prepare a participation plan, thereby formalizing recovery implementation efforts and the intentions of responsible agencies to seek ongoing, annual funding for recovery implementation. The Recovery Coordinator should coordinate and communicate with each recovery unit to support recovery efforts and assure implementation of the recovery plan (see Actions 3.1 through 3.4, 6, and 7). The Recovery Coordinator also should coordinate with other western snowy plover survey efforts and assessments throughout the west and throughout North America. Coordination with these other efforts may provide valuable information on the status and distribution of the western snowy plover, as 136 well as valuable information on management actions that may benefit the Pacific coast population of the western snowy plover. A coordinated international conservation program with Mexico also should be established to protect western snowy plover populations and their habitat in that country (see Action 8). B. RECOVERY UNITS The Pacific coast population of the western snowy plover has been divided into six recovery units (Appendix A, Figures A-1 through A-7). Establishing recovery units with specific recovery goals for each recovery unit will assist in meeting the objective of ensuring that population increases are distributed throughout the western snowy plover's Pacific coast range. A recovery unit is a special unit of a listed species that is geographically or otherwise identifiable and is necessary to the survival and recovery of the entire listed entity. Recovery units are individually necessary to conserve genetic robustness, demographic robustness, important life history stages, or other features for long-term sustainability of the entire listed species. However, recovery units are not listed as separate entities and cannot be delisted individually. Each recovery unit must be recovered before the species can be delisted. The resilience to extinction of a widespread species can be negated if the species is subjected to a new stress over a large area (Raup 1991:122, 182). For the western snowy plover the primary stresses that led to the listing of the species were the loss of habitat due to encroachment of European beachgrass and urban development. As a consequence of such widespread habitat loss and the subsequent reduction in the range and vigor of the species, the western snowy plover is now more vulnerable to environmental fluctuations and catastrophes that the species would otherwise be able to tolerate. Chance events such as oil and contaminant spills, windstorms, and continued habitat loss from European beachgrass expansion, described earlier in this plan, could now cause or facilitate the extirpation of the entire listed species or one or more of the breeding populations. The recovery unit approach in this recovery plan addresses this risk to the long-term survival and recovery of the western snowy plover by employing two widely recognized and scientifically accepted goals for promoting viable populations of listed species: (1) creation or maintenance of multiple populations so that a single or series 137 of catastrophic events cannot destroy the whole listed species; and (2) increasing the size of each population in the respective recovery unit to a level where the threats of genetic, demographic, and normal environmental uncertainties are diminished (Mangel and Tier 1994; National Research Council 1995:91; Tear et al. 1993; Meffe and Carroll 1994:192). In general, the larger the number of populations and the larger the size of each population, the lower the probability of extinction (Raup 1991:182; Meffe and Carroll 1994:190). This basic principle of redundancy applies to the western snowy plover. By maintaining viable populations at the breeding locations within multiple recovery units, the threats represented by a fluctuating environment are alleviated and the species has a greater likelihood of achieving long-term survival and recovery. Conversely, loss of one or more important breeding locations within a recovery unit could result in an appreciable increase in the risk that the entire listed species may not survive and recover. Because western snowy plovers tend to exhibit site fidelity, migration to new nesting sites could increase stress to breeding birds and reduce nesting success. Therefore, when evaluating the potential impact of land management actions that may affect the western snowy plover, we will consider whether a significant loss of western snowy plover breeding or wintering habitat in one recovery unit --without adequate compensation alleviating the impacts of that loss-- would adversely affect the viability of the population in that recovery unit as well as the long-term viability of populations in other recovery units. Several aspects of the biology and life history of the western snowy plover indicate that designation of recovery units is necessary to ensure the long term health and sustainability of the western snowy plover. A portion of the Pacific coast population of western snowy plovers do not migrate up or down the coast and are year round residents. Additionally, the majority of western snowyplovers that do migrate are site -faithful, returning to the same breeding areas in subsequent breeding seasons (Warriner et al. 1986, Stenzel et al. 1994). Western snowy plovers occasionally nest in exactly the same location as the previous year (Warriner et al. 1986). These two features indicate that the Pacific coast population of western snowy plover likely exhibits subpopulation and metapopulation structure (see also Appendix D). 138 Designation of separate recovery units across the range will ensure that metapopulation dynamics can be maintained for the species. The area covered by the six recovery units encompasses all the known breeding and wintering sites for the Pacific coast population of the western snowy plover. In addition to exhibiting site fidelity to breeding locations, western snowy plovers also exhibit fidelity to wintering locations. In contrast to many migratory birds, winter migration of the Pacific coast population of western snowy plovers is not uni- directional. Western snowy plovers may move both north and south along the coast from breeding locations. Nesting birds from Oregon have wintered as far south as Monterey Bay, California, while birds from Monterey Bay in central California have wintered north to Bandon, Oregon and south to Laguna Ojo de Liebre in Baja California, Mexico (Page et al. 1995a). Nesting birds from San Diego County in southern California have wintered north to Vandenberg Air Force Base in Santa Barbara County and south to Baja California (Powell et al. 1995, 1996, 1997). Designation of separate recovery units, each essential to the recovery of the western snowy plover, will ensure that wintering and migratory habitat is distributed across the western snowyplover's Pacific coast range and is protected and managed to maximize western snowy plover population survival. The six recovery units for the Pacific coast population of the western snowy plover are: (1)Washington and Oregon; (2) Del Norte to Mendocino Counties, California; (3) San Francisco Bay, California; (4) Sonoma to Monterey Counties, California; (5) San Luis Obispo to Ventura Counties, California; and (6) Los Angeles to San Diego Counties, California. These recovery units were designated partly based on gaps in distribution of western snowy plover breeding and wintering locations, and on gaps in available habitat along the coast. For example, a significant portion of the coast of Sonoma County and southern Mendocino County is rocky and composed of steep bluffs lacking beach, dune, or estuary habitat suitable for the western snowy plover. This area constitutes a gap in the distribution of breeding and wintering locations between recovery units 2 and 4. This situation is repeated along the coast of Monterey County, where a gap in western snowy plover locations and suitable habitat occurs between recovery units 4 and 5. Smaller gaps also occur between recovery units 1 and 2, and between recovery units 5 and 6. Recovery unit 3 is unique and has 139 been designated as a separate recovery unit because much of the habitat in the San Francisco Bay area consists of salt ponds and salt pond levees. The six recovery units designated for the western snowy plover also vary significantly in numbers of breeding western snowy plovers. Recovery unit 5 supports the greatest number of western snowy plovers, approximately half of the U.S. population, and has the greatest amount of available suitable habitat. Recovery units 4 and 6 support, or have the potential to support, a lesser number of western snowy plovers, collectively about a third of the population. The population in Recovery Unit 3 is relatively lower but has potential to increase with intensive management of salt pond habitat. Recovery units 1 and 2 also support relatively low numbers of western snowy plovers, probably due to suitable habitat being lesser in extent and more widely separated, but represent about half of the geographic range of the Pacific coast population of western snowy plovers within the United States and provide essential wintering, migratory, and breeding habitats. Collectively, recovery of western snowy plovers within each of the six recovery units is necessary to maintain metapopulation dynamics, ensure protection and appropriate management of wintering and migratory habitat, and ensure the long term health and sustainability of the Pacific Coast population of western snowy plovers across its current range. C. RECOVERY GOALS AND OBJECTIVES The goal of this recovery plan is to ensure the long-term viability of the Pacific coast western snowy plover population so that this population can be removed from the Federal list of endangered and threatened species. The specific objectives to achieve this goal are the major components of the recovery strategy described above: 1) Increase population numbers distributed across the range of the Pacific coast population of the western snowy plover; 2) Conduct intensive ongoing management for the species and its habitat and develop mechanisms to ensure management in perpetuity; and 140 3) Monitor western snowy plover populations and threats to determine success of recovery actions and refine management actions. D. RECOVERY CRITERIA Recovery criteria for the Pacific coast population of the western snowy plover include numeric subpopulation targets, reproductive productivity targets, and establishment of management actions. Under each of these three major recovery criteria are additional subcriteria that must be achieved in order to progress toward the major criteria or that must be achieved in order to determine whether the major criteria are being met. Subcriteria include completing development and implementation of population, demographic and threat monitoring programs, incorporating specific management actions into participation and management plans, and completing research actions necessary to refine management actions. Recovery criteria in this recovery plan are necessarily preliminary and will need periodic reassessment because additional data upon which to base decisions about western snowy plover recovery are needed (i.e., effective predator management techniques, effective restoration techniques, improved monitoring techniques, additional demographic information for some subpopulations). Research actions, monitoring programs, and periodic recovery implementation review are included as recovery actions in order to obtain this information. The completion of many of these actions have been incorporated into recovery criteria in order to ensure that new information is incorporated into recovery implementation decisions. The recovery criteria recommend that the Pacific Coast population of the western snowy plover be maintained at 3,000 breeding birds. This population increase to 3,000 breeding individuals could occur within 25 years with intensive management of breeding and wintering sites (see Appendix D. Population Viability Analysis for Pacific Coast Snowy Plovers). This population level must be maintained for at least ten years. In addition, average annual productivity of at least one (1.0) fledged chick per male in each recovery unit must be maintained in the last 5 years prior to delisting. Forty years may be required to achieve these demographic components of the recovery criteria, assuming that mechanisms to assure long-term protection and 141 management of breeding, wintering, and migration areas necessary to maintain the subpopulation sizes and average productivity have been developed and are in place. The Pacific coast population of the western snowy plover will be considered for delisting when the following criteria have been met: Criterion 1. Monitoring shows that an average of 3,000 breeding adults distributed among 6 recovery units as specified below have been maintained for a minimum of 10 years: Recovery Unit 1. Washington and Oregon 2. Del Norte to Mendocino Counties, California 3. San Francisco Bay, California 4. Sonoma to Monterey Counties, California 5. San Luis Obispo to Ventura Counties, California 6. Los Angeles to San Diego Counties, California Subpopulation Size 250 breeding adults 150 breeding adults 500 breeding adults 400 breeding adults 1,200 breeding adults 500 breeding adults Subpopulation sizes represent the best professional judgment of the Western Snowy Plover Recovery Team's technical subteam. Numbers are based on a site -by -site evaluation of historical records, recent surveys, and future potential (assuming dedicated, proactive management at breeding and wintering locations). Collectively, these numbers represent an approximately 70 percent increase in the Pacific coast population size from the time of listing. On a cumulative range -wide basis the recovery criteria are approximately 83 percent of the total of the "Management Goal Breeding Numbers" identified in Appendices B and C, which represent site -specific target populations under an intensive management scheme. The recovery criteria for population size and distribution for the Pacific coast population of the western snowy plover represent only a portion of its historical abundance and distribution. 142 To reach these subpopulation sizes will require proactive management to attain a level of productivity that will allow the population to grow. The population viability analysis (Appendix D) suggests that reproductive success between 1.2 to 1.3 fledglings per male per year, with adult survival of 76 percent and juvenile survival of 50 percent, provides a 57 to 82 percent probability of reaching a population of 3,000 western snowy plovers within 25 years. Enhancing productivity is critical to population growth. Once the population size criterion is met, a lower rate of productivity can sustain the population. la. A program is developed and implemented to monitor the western snowy plover breeding population and wintering locations (see Actions 1.1 and 1.2) to determine whether recovery unit subpopulation criteria are being achieved. The monitoring program must include monitoring of population size and distribution, survival, and productivity. Monitoring population size and distribution are necessary as a means of measuring whether the recovery criterion is being met. Monitoring demographic characteristics such as survival and productivity also will be necessary to determine population trends and progress toward achieving the recovery criterion. The monitoring program should also assess whether management goals for breeding and wintering sites listed in Appendix B are being achieved. Collectively, the breeding management goal numbers are about 20 percent higher than the recovery criteria subpopulation sizes. Monitoring of individual sites will assist in determining the effectiveness of management actions and whether any refinements are necessary. Monitoring of wintering sites will assist in indicating whether survival of western snowy plovers is sufficient to make progress toward meeting breeding population size criteria. When the species has recovered sufficiently to be delisted, the ongoing program of monitoring actions should be integrated into a post-delisting monitoring plan to cover a minimum of 5 years after delisting and ensure ongoing recovery and effectiveness of management actions. This monitoring plan should be developed and ready for implementation before delisting. 143 lb. A program is developed and implemented to monitor the site -specific threats identified in Appendix C (Action 1.3) and monitoring results are used to refine site -specific management actions identified in Appendix C. In conjunction with monitoring of breeding subpopulation sizes and distribution and demographic characteristics, threats at each breeding and wintering site must be monitored in order to determine whether management actions are effective in increasing western snowy plover survival and reproduction. If threats continue limiting population increases, or additional threats are identified, management actions recommended in Appendix C may require modification. lc. Management activities identified in Appendix C that are necessary to ameliorate threats and achieve increases in reproductive success, survival, and overall population size are incorporated into participation and management plans developed and implemented under Criterion 3. Appendix C provides location -specific summaries of current management activities at western snowy plover breeding and wintering sites based on: 1) responses by public land managers and private conservation organizations to a survey prepared by the Recovery Team on western snowy plover management and beach use; and 2) supplemental information from the Recovery Team and from our field office staff. Appendix C also identifies additional management activities needed at each site to ameliorate threats and achieve management goals. These management recommendations are intended to provide preliminary guidance but additional management needs likely will be identified through monitoring, research, and site - specific experience. 1d. Research actions (Action 4) are completed and incorporated into management and participation plans and into monitoring plans. Several research needs identified under Action 4 are necessary to refine and improve management activities for the western snowy plover and also to improve monitoring of western snowy plover population sizes, demographics, and threats. Improving and refining management actions will increase the effectiveness of management actions in increasing population numbers, survivorship, and productivity. Improved monitoring 144 techniques are needed to ensure that monitoring efforts are adequate to determine whether recovery actions are successful and recovery criteria are being met. Criterion 2. A yearly average productivity of at least one fledged chick per male has been maintained in each recovery unit in the last 5 years prior to delisting. From currently available data, it is estimated that males must average one fledged young annually for population equilibrium (see Appendix D). Higher rates of productivity will be necessary to reach the target population size of 3,000 breeding adults. After this population size is achieved and maintained for a minimum of 10 years, a lower rate of productivity of one fledged chick per male will be necessary to maintain the population size at an average of 3,000 breeding adults. Monitoring programs developed and implemented under criteria la and lb should continue throughout this period. We also assume that management designed to ameliorate threats (criteria lc and 3) will continue through this period and after delisting. Criterion 3. Mechanisms have been developed and are in place to assure long- term protection and management of breeding, wintering, and migration areas listed in Appendix B to maintain the subpopulation sizes and average productivity specified in Criteria 1 and 2. Development of mechanisms to ensure long-term management and protection of western snowy plovers and their habitat are listed under Action 3, which outlines the recovery actions recommended to meet these recovery criteria. The recovery action outline section describes each action in detail. The recovery action outline lists all subactions necessary to fulfill the main recovery action. It also represents a prioritization of measures to be implemented. Completion of these actions will ensure that threats to western snowy plovers and their habitat are ameliorated and that management will continue after delisting to prevent a reversal of population increases. 3a. Working groups for each of the six recovery units are established. Action 3.1 recommends the establishment of working groups for each recovery unit. Working groups should be diverse and include representatives from Federal, State, local, and private sectors. At present working groups are in existence for all recovery 145 units, and should continue to be maintained and meet regularly. The roles of the working groups are to coordinate and facilitate recovery efforts within each recovery unit, assess population trends, and carry out outreach activities. 3b. A participation plan for each recovery unit working group has been developed and implemented. Each working group is tasked with developing a participation plan that delineates and prioritizes recovery activities within each recovery unit and for each location identified in Appendix B. These plans should identify the roles and responsibilities of each member of the working group and their commitments to carry out identified recovery actions. 3c. Management plans for all Federal and State lands identified in Appendix C have been developed and implemented. Appendix C identifies the landowners of western snowy plover wintering and breeding sites. Many of the sites are owned or managed by Federal or State agencies. Development and implementation of management plans that incorporate the management goals and recommendations in Appendix C for all these sites are necessary to ensure that population goals are reached, threats ameliorated, and long- term protection and management of western snowy plovers and their habitat are in place. 3d. Mechanisms to protect and manage western snowy plover breeding and wintering sites identified in Appendices B and C are in place for all areas owned or managed by local governments or private landowners. Appendix C also identifies many western snowy plover breeding and wintering locations that are owned or managed by local governments, private conservation organizations, or private landowners. These lands also require protection and management to ensure that population goals are reached, threats ameliorated, and long-term protection and management of western snowy plovers and their habitat are in place. Because of the diverse ownership and management of these lands, many different mechanisms may be used to ensure protection and management of these locations. These mechanisms are further described in the recovery action outline and Appendices H and I. 3e. Public information and education programs are developed and implemented. Outreach is a major component of developing and putting in place mechanisms to assure long-term protection and management of breeding, wintering, and migration areas listed in Appendix B. Outreach efforts will be needed to solicit participation of the many Federal, State, local, and private groups in recovery efforts and notify groups and individuals of recovery opportunities and incentives for the western snowy plover. Outreach efforts also must be used as a component of management of western snowy plovers and their habitats. These efforts will include informing the public and gaining their support for measures intended to protect western snowy plovers. E. RELATIONSHIP OF RECOVERY ACTIONS AND CRITERIA TO THREATS The goal of this recovery plan is to ensure the long-term viability of the Pacific coast population of western snowy plovers so that they can be removed from the Federal list of endangered and threatened species. The delisting process requires demonstrating that threats to the western snowy plover have been reduced or eliminated such that the species survival in the wild is assured. Table 8 lists the threats to the western snowy plover that have been identified during and since the listing process and indicates the actions and recovery criteria in the recovery plan that address each threat. The western snowy plover faces multiple threats throughout its Pacific coast range. Major threats to the western snowy plover include habitat destruction and modification and lack of habitat protection mechanisms (listing factors A and D), disease or predation (listing factor C), and manmade factors that primarily result in disturbance or mortality of breeding birds (listing factor E). Effects of research on western snowy plovers (listing factor B) is also a threat but is comparatively minor and easily addressed through permitting processes. Many of the threats to western snowy plovers are interrelated or have complex interactions with each other. For example, coastal development that destroys or modifies habitat (listing factor A) also 147 results in increased disturbance from recreational activities (listing factor E) and in increased predator populations (listing factor Q. Recovery actions and criteria therefore may address multiple threats. The majority of threats to the western snowy plover, other than habitat destruction or modification, affect the western snowy plover's productivity (breeding success) and survival within otherwise suitable habitat. Criteria 1 and 2 are directed at determining whether the effects of threats on productivity and survival have been removed and expected population and productivity increases are being achieved. Threats addressed by these recovery criteria primarily fall under listing factors B, C, and E. Reduction and elimination of these threats, and the expected increases in productivity and survival, rely primarily on developing intensive management and monitoring programs for the western snowy plover. Criterion 3 is directed at achieving the management and habitat protections necessary to reduce and eliminate threats that fall primarily under listing factors A and D, but also address threats under listing factors B, C, and E that can be eliminated or ameliorated by ensuring long-term management. Table 8. Threats to the Pacific coast population of the western snowy plover and steps within the recovery plan to reduce or eliminate threats. Factor* I Threat I Action I Criterion A The present of threatened destruction, modification, or curtailment of its habitat or range. A* Encroachment of 1.1-1.3, 2.2.1, 3.1- lb-d, introduced beachgrass 3.10, 4.1.1, 5.1-5.7 2, and nonnative 3a-e vegetation. A* Shoreline stabilization 1.1-1.3, 2.1, 3.1-3.10, lb, lc, 5.1-5.7 3a-e A* Urban development 1.1-1.3, 2.1, 3.1-3.10, lb, lc, and construction 5.1-5.7 3a-e A Dredging disturbance 1.1-1.3, 2.1, 3.1-3.10, lb, lc, and tailings deposit 5.1-5.7 3a-e A* Sand mining 1.1-1.3, 2.1, 2.2.2, 3a-e 3.1-3.10, 5.1-5.7 A Beach nourishment 1.1-1.3, 2.2.3, 3.1- 3a-e with inappropriate 3.10, 5.1-5.7 design and/or sand type A Driftwood removal 1.1-1.3, 2.3.4, 3.1- lb, lc, 3.10, 5.1-5.7 2 3 a-e A Beach fires and 1.1-1.3, 2.3.3, 3.1- lb, lc, camping 3.10, 5.1-5.7 2 3 a-e 149 Factor* Threat Action I Criterion A Water course 1.1-1.3, 3.1-3.10, 5.1- lb, lc, diversion, 5.7 3a-e impoundment, or stabilization A Habitat conversion for 1.1-1.3, 3.1-3.10, 5.1- 1 d, other species 5.7 3a-e A Operation of salt 1.1-1.3, 3.1-3.10, 5.1- lb, lc, ponds 5.7 3 a-e B Overutilization for commercial, recreational, scientific or educational purposes. B* Egg collecting 1.1-1.3, 2.3.8 none, lc B Studying and 1.4, 1.5, 3.1-3.2, 4.3 1 a-d monitoring plovers 2 B Banding 4.6 1 a-d C Disease or predation. C* Introduced nonnative 1.1-1.3, 2.4, 4.2, 3.1- lb, lc, predators 3.10, 5.1-5.7 2 3 a-e C Increased populations 1.1-1.3, 2.4, 4.2,3.1- lb, lc, Id, of native predators 3.10, 5.1-5.7 2, due to human 3a-e influences C* Predator attractants 1.1-1.3, 2.4, 4.2, 3.1- lb, 1 c, Id, 3.10, 5.1-5.7 2, 3 a-e C Predation by domestic 1.1-1.3, 2.4, 4.2, 3.1- 1 a-d, and feral cats 3.10, 5.1-5.7 2, 3 a-e D The inadequacy of existing regulatory mechanisms. 150 Factor* Threat Action Criterion D* Limited habitat 2.3.8, 3.1-3.10, 5.1- 3a-e protection under the 5.7 Migratory Bird Treaty Act and State laws D Conflicting beach 1.1-1.3, 2.3.8, 3.1- lb, lc, management methods 3.10, 5.1-5.7 3a-e and mandates D* Sections 404 of Clean 2.3.8, 3.1-3.10, 5.1- lb-d Water Act and 10 of 5.7 3a-e Rivers and Harbors Act apply to limited amount of habitat D* Lack of protection in 8 Baja California, Mexico E Other natural or manmade factors affecting its continued existence. E* Loss of nests and 1.1-1.3, 1.6, 2.1, 2.2, lb, lc, habitat due to natural 2.3.8, 3.1-3.10, 4.4, 3a-e events 4.5, 4.10 E* Disturbance by 1.1-1.3, 2.3.1, 2.3.8, lb, lc, pedestrians 3.1-3.10, 4.9, 5.1-5.7 2, 3 a-e E* Disturbance by dogs 1.1-1.3, 2.3.1, 2.3.2, lb, lc, 2.3.8, 3.1-3.10, 4.9, 2, 5.1-5.7 3a-e E* Disturbance by 1.1-1.3, 2.3.5, 2.3.8, lb, lc, motorized vehicles 3.1-3.10, 4.9, 5.1-5.7 2, 3 a-e 151 Factor* Threat Action Criterion E* Disturbance by beach 1.1-1.3, 2.3.5, 2.4.1, 1 b, 1 c, cleaning 3.1-3.10, 4.9, 5.1-5.7 2, 3 a-e E* Disturbance from 1.1-1.3, 2.3.6, 2.3.8, lb, lc, equestrian traffic 3.1-3.10, 4.9, 5.1-5.7 2, 3 a-e E Disturbance from 1.1-1.3, 2.3.3, 2.3.8, lb, lc, fishing activities 3.1-3.10, 4.9, 5.1-5.7 2 3 a-e E Disturbance by 1.1-1.3, 2.3.3, 2.3.8, 1 b, 1 c, fireworks 3.1-3.10, 4.9, 5.1-5.7 2, 3 a-e E Disturbance by kites 1.1-1.3, 2.3.3, 2.3.8, lb, lc, and model airplanes 3.1-3.10, 4.9, 5.1-5.7 2, 3a-e E* Military exercises and 1.1-1.3, 2.3.8, 2.3.9, lb, lc, aircraft overflights 3.1-3.10, 5.1-5.7 2 3 a-e E Large crowds 1.1-1.3, 2.3.3, 2.3.8, 1 b, 1 c, associated with 3.1-3.10, 4.9, 5.1-5.7 2 special events 3a-e E Increased coastal 1.1-1.3, 2.3.1.2, 2.3.8, 1 b, 1 c, access to beaches 3.1-3.10, 4.9, 5.1-5.7 2 3 a-e E Livestock grazing 1.1-1.3, 2.3.7, 2.3.8, lb, 1 c, 3.1-3.10, 5.1-5.7 3a-e 152 Factor* Threat Action Criterion E Oil spills and 1.1-1.3, 2.5, 4.7, 5.6 lb-d disturbance from oil 3a-e spill clean-ups lb, lc, 2 3 a-e E Environmental 1.1-1.3, 4.8, 5.6 1 b-d, contaminants 3a-e E Litter, garbage, & 1.1-1.3, 2.3.8, 2.4.1, lb, lc, debris 3.1-3.10, 4.9, 5.1-5.7 2 3 a-e E Urban runoff and 1.1-1.3, 2.1, 2.3.8, 3a-e impaired water quality 3.1-3.10, 5.1-5.7 E Management for other 1.1-1.3, 1.7, 2.6, 2.7, 3a-e special status species 2.3.3, 3.1-3.10, 4.2.2, 5.1-5.7 * Indicates threats originally identified during the listing process. 153 154 III. NARRATIVE OUTLINE OF RECOVERY ACTIONS Monitor breeding and wintering population and habitats of the Pacific coast population of the western snowy plover to determine effects of recovery actions to maximize survival and productivity. To assure the long- term viability of western snowy plover populations, their populations and breeding and wintering habitat should be monitored and managed in a systematic, ongoing fashion. Systematic, ongoing monitoring of breeding birds and wintering birds should be undertaken at the recovery unit level to measure progress towards recovery and identify management and protection efforts that are needed. In addition to the known breeding sites, all known wintering locations (Appendix B) are considered currently important to western snowy plover conservation. These sites include both wintering locations that currently support breeding birds and locations that may potentially support nesting birds in the future. These locations also may support migrating western snowy plovers. There is a need for better information about wintering and migration sites, including spatial and temporal use patterns, feeding areas, habitat trends, and threats. Appendix C, Table C-1 identifies 147 locations where monitoring western snowy plover populations is occurring or recommended to achieve management goals. 1.1. Annually monitor western snowy plover abundance, population size, and distribution at breeding and wintering locations in each recovery unit using window surveys. Comprehensive range -wide window surveys of breeding locations and wintering locations (Appendix B) should be conducted annually to determine population trends and fluctuations, and to determine whether management goal breeding numbers (Appendix B) are being achieved. The window survey described in Appendix J (Monitoring Guidelines) should be employed as the primary index of population size to minimize the probability of double -counting birds nesting at multiple locations during the same season. Window surveys are conducted over a relatively short time period to minimize double -counting of birds that change location during the season, but may not fully account for all breeding or wintering birds. Window survey methodology should be improved and correction factors estimated (Action 4.3.1) to improve the 155 accuracy and utility of population indices. This correction may require some banding at sites where there are currently no marked birds on which to base correction factors. 1.2 Develop and implement a program to monitor western snowy plover productivity and annual survival in each recovery unit. Development and implementation of a program to monitor western snowy plover productivity and survival, in addition to comprehensive population size and distribution monitoring, is necessary to measure progress toward achieving recovery criteria and to assess the effectiveness of management in removing threats that affect nesting success and survival. Results from this monitoring program also may be used to update the population viability analysis and assess progress toward recovery goals (Actions 4.11 and 6). Monitoring productivity and survival likely will be much more intensive than monitoring population sizes and distribution (Action 1.1), and cannot be implemented at all breeding sites because of insufficient color band combinations to monitor the entire Pacific coast population. Plans for monitoring these demographic characteristics instead should utilize methods to sample demographic characteristics across the breeding range and in each recovery unit. Actions 4.3.2 and 4.3.3 recommend developing methodologies to estimate productivity and survival. The monitoring program should incorporate these methods and should specify the number of sites sampled in each recovery unit, how sites will be selected, and indicate control sites from intensively monitored breeding locations (i.e., the coast of Oregon, extreme northern California, and the shoreline of Monterey Bay). 1.3 Develop and implement a program to monitor at all breeding and wintering sites the habitat conditions, disturbances, predation, and other threats limiting abundance of breeding and wintering birds, clutch hatching success, chick fledging success, and survival. Monitoring of threats to the western snowy plover is necessary to determine effectiveness of recovery actions in ameliorating or eliminating threats, assess progress toward recovery, and refine site -specific managements as necessary. A standardized threats monitoring program 156 should be developed and applied to all breeding and wintering sites in conjunction with monitoring developed and implemented under actions 1.1 and 1.2. At a minimum, monitoring should include determining substrate characteristics and vegetation composition (level of nonnative species), frequency and levels of disturbance (e.g., recreational activities, pets, vehicles, horses), and presence and abundance of predators. Appendix J (Monitoring Guidelines) provides general guidance on monitoring but may require revision as research actions under action 4 are completed. Opportunities to incorporate monitoring into Federal activities subject to section 7 of the Endangered Species Act, such as dredging and discharges regulated by the U.S. Army Corps of Engineers, should be utilized when possible. 1.4 Develop and implement training and certification programs for western snowy plover survey coordinators and observers, consistent with recommendations in Appendix J (Monitoring Guidelines). Classroom and field training are required for observers who survey for western snowy plovers, and before we can issue a section 10(a)(1)(A) permit. Instruction programs and materials should be developed for comparable training to occur throughout the western snowy plover range to improve consistency of data collection. Classroom topics should include, but not be limited to: (1) biology, ecology, and behavior of breeding western snowy plovers; (2) identification of adult plovers, their young, and their eggs; (3) threats to plovers and their habitats; (4) survey objectives, protocols, and techniques; (5) regulations governing the salvage of carcasses or eggs; (6) special conditions of existing recovery permits; (7) field identification of potential western snowy plover predators; (8) biology and behavior of predator and scavenger species; and (9) other activities (e.g., banding). Field training should include, as appropriate: (1) locating, identifying, and monitoring nests; (2) handling eggs and capturing and handling adults or chicks; (3) specifics on the target activity for which a recovery permit is to be issued, or under which an observer will work; (4) practical field exercises; and (5) field review of appropriate classroom topics. 157 1.5 Develop a submittal system for monitoring data to ensure consistent reporting among recovery units and sites, and annually review and revise the system as necessary. Initially, range -wide survey data will be limited to results from 2 annual window surveys. As population and demographic monitoring methods are developed and implemented (Actions 1.1, 1.2, 4.3.1, 4.3.2, and 4.3.3), a more sophisticated reporting and compiling system will be necessary. Our lead office should coordinate with researchers involved with monitoring to ensure that data collection, submittal, and entry systems remain current, include correction factors that account for lack of detections during surveys, and are consistent among recovery units and sites. An annual range -wide report should be developed and distributed to all interested parties. Additionally, consistent reporting of sightings of banded western snowy plovers is needed. Sightings of banded birds provide information on the wintering sites of breeding birds, use of multiple sites by breeding and wintering plovers, and survival and dispersal of adults and juveniles. In accordance with procedures of the U.S. Geological Survey, Bird Banding Laboratory, the Point Reyes Bird Observatory should continue to act as the color band coordinator for the Pacific coast population to avoid use of duplicate color banding schemes among researchers. 1.6 Assess and evaluate new breeding, wintering, and migration areas as they are discovered to determine threats and management needs and update lists of areas identified in Appendices B and C as data become available. As new western snowy plover breeding and wintering areas are discovered, data should be collected to assess site boundaries, habitat characteristics, population levels, and any significant threats. The current list of important breeding and wintering locations (Appendix B) should be expanded or refined as appropriate, and any new areas incorporated into management and monitoring plans. Areas determined to be important for migration through action 4.4.4 also should be evaluated and added to the list of areas requiring protection, management, and monitoring. Management goals and needed management to ameliorate or eliminate threats should be developed for all new breeding, wintering, and migration 158 areas and should be included in periodic revisions of Appendices B and C of this recovery plan. 1.7 Annually coordinate monitoring of western snowy plovers and California least terns to minimize effects of disturbance to both species. Coordination with least tern monitors and managers is needed in all areas where western snowy plovers share breeding sites with California least terns. Coordination should take place at biannual pre -and post - season California least tern monitoring meetings. Protocols for monitoring California least terns should be revised as necessary so that western snowy plovers are not detrimentally affected. Human activities within some least tern colonies in southern California include monitoring by one to four people several days per week; maintenance of tern fences; predator management; site preparation; and banding/observation efforts. Human activities associated with tern monitoring must be recognized as additional disturbance to western snowy plovers. Section 10(a)(1)(A) permits, issued under the authority of the Endangered Species Act for western snowy plovers and least terns, should include both species where applicable. Monitoring efforts for both species should be kept separate because of differences in monitoring techniques and species' behaviors. Monitors of least terns and western snowy plovers should be aware of species' differences in nest spacing, brood -rearing, foraging behavior, time of breeding, vulnerability to disturbance, and monitoring and banding techniques. Western snowy plovers generally begin nesting at least 1 month before the arrival of breeding least terns; thus, tern management often begins well after western snowy plovers have initiated nests. Site preparation (vegetation removal and fence construction) should be coordinated to minimize disturbance to nesting western snowy plovers, and if possible to enhance breeding success for both species (as well as considering other sensitive species, including plants, that may be present). Predator management also should be coordinated to benefit both species. 159 1.8 Develop post-delisting monitoring plan. Prior to delisting a five-year monitoring plan should be developed Methodology and scope of post- delisting monitoring should be appropriately integrated with existing monitoring efforts for continuity and comparability. Monitoring and research results should be used to guide the long-term conservation of the species. 2 Manage breeding and wintering habitat of the Pacific coast population of the western snowy plover to ameliorate or eliminate threats and maximize survival and productivity. The Pacific coast population of the western snowy plover is sensitive to changes in productivity and in adult and juvenile survival rates (see Appendix D). Furthermore, recovery of this species is contingent on intensive management of breeding habitat and availability of wintering habitat for more than the current number of western snowy plovers (see recovery criteria). Appendix C provides a summary of site -specific management needs at 155 breeding and wintering locations (actions 2 and 3). Management efforts may be time-consuming, costly, and sometimes require intensive management. Western snowy plover breeding habitat is extremely dynamic and factors affecting breeding success, such as types and numbers of predators, can change quickly; therefore, managers should be prepared to modify protection as needed. Action 6 recommends annual review of progress toward recovery and revision of site -specific management actions based on monitoring and research results and site -specific experience. Management and protection of western snowy plovers on Federal and State lands are especially important. In addition, protection on Federal and State lands furnishes leadership by example to local land managers. Land managers should recognize that components of breeding habitat include: areas where plovers prospect for nesting sites, make scrapes, lay eggs, feed, rest, and rear broods. Breeding habitat also includes travel corridors between nesting, resting, brood -rearing, and foraging areas. Wintering and migration habitats should also be monitored and managed to maximize survival and recruitment of western snowy plovers into the breeding population. 160 2.1 Maintain natural coastal processes that perpetuate high quality breeding and wintering habitat by incorporating the following recommendations into development of participation plans, management planning, and habitat protection (action 3) for the sites identified in Appendix C and any additional sites identified through surveys and monitoring. The dynamic nature of beach strand habitats as storm -maintained ecosystems should be recognized and allowed to function. Natural process that contribute to maintaining wide, flat, sparsely -vegetated beach strands preferred by western snowy plovers include: inlet formation, migration, and closure; erosion and deposition of sand dunes; and overwash and blowouts of beach and dune habitat. Coastal development, beach stabilization, construction of rock jetties and seawalls, sand removal and dredging, water diversion and impoundment, and planting of nonnative vegetation interfere with these processes and result in loss and degradation of habitat. Maintenance of natural coastal processes can be accomplished through establishment of management plans, conservation easements, fee title acquisition, zoning, and other means. Coastal development, beach stabilization, resource extraction, and water diversion and/or impoundment projects should be carefully assessed for impacts to wintering western snowy plovers. Recommendations from U.S. Fish and Wildlife Service offices (under the Endangered Species Act and Clean Water Act) and/or State agencies should focus on avoiding or minimizing adverse impacts to wintering habitat. Where adverse effects cannot be avoided, agencies should document impacts so that cumulative effects on this species' habitat can be assessed and compensated. When beach development cannot be avoided, the following protections should be implemented: (1) construction should take place outside the nesting season, (2) developers and others should be advised during planning stages that stabilization of shorelines will result in additional habitat degradation and that these impacts may affect evaluation and issuance of permits under the jurisdiction of the U.S. Army Corps of Engineers or State coastal management agencies, and of measures to minimize the impacts, (3) property owners (e.g., hotel or resort owners) should tailor recreational 161 activity on the beach and dunes to prevent disturbance or destruction of nesting western snowy plovers, their eggs, and chicks, (4) lights for parking areas and other facilities should not shine on western snowy plover habitat, (5) sources of noise that would disturb western snowy plovers should be avoided, and (6) the establishment of predator perches and nesting sites should be avoided when designing facilities. Appendix C, Table C-1 identifies 86 locations which currently have development restrictions in place and 16 locations where development should be restricted or avoided to achieve management goals. 2.1.1 Develop a prioritized list of western snowy plover wintering and breeding sites where natural coastal processes need protection, or where impaired natural coastal processes should be enhanced or restored. Recovery Unit working groups should evaluate the sites within their recovery unit and determine where natural processes are likely to be disrupted or are in need of being enhanced or restored, or are of particular importance to maintaining high quality western snowy plover habitat. Sites should be prioritized based on their importance to western snowy plover breeding and the degree of threat to the western snowy plover and its habitat should natural processes be disrupted. 2.1.2 Identify mechanisms necessary to protect, enhance, or restore natural coastal processes for the sites identified in action 2.1.1 and implement through incorporating into actions 3.1 -3.10. Mechanisms to protect, enhance, or restore natural processes may include development of management plans that prohibit or restrict activities that disrupt natural process (i.e. dredging or sand removal, recreational activities that contribute to excessive erosion or compaction), acquisition of habitat, landowner agreements, local land use protection measures, or enhancement activities. Identification of these sites and mechanisms should be used to guide implementation of long-term management and protection under action 3. 162 2.2 Create and enhance existing and potential breeding and wintering habitat. Past and ongoing impacts to western snowy plover breeding habitat from development, artificial beach stabilization, and other projects have resulted in loss and degradation of western snowy plover habitat. Habitat enhancement and creation are needed at multiple sites to offset these losses. Where impacts cannot be avoided, projects should remediate and compensate habitat loss and degradation by maintaining natural long - shore sand budgets and minimizing interference with natural patterns of sand accretion and depletion. When these types of projects are planned, complex natural sand movement patterns should be taken into account. Beach management policies should recognize that many current erosion and sedimentation problems are the result of past property and/or inlet "protection" efforts. Habitat restoration projects in historic or potential breeding sites, where feasible, is encouraged. Creation of habitat should be emphasized in areas not subject to recreational impacts. 2.2.1 Remove nonnative and other invasive vegetation from existing and potential habitat and replace with native dune vegetation. Land managers should implement remedial efforts to remove or reduce vegetation that is encroaching on western snowy plover breeding habitat or obstructing movement of chicks from nesting to feeding areas. Particular attention should be given to the eradication of introduced beachgrass (Ammophila spp.) within coastal dunes. 2.2.1.1 Develop and implement prioritized removal and control strategies for introduced beachgrass and other nonnative vegetation for each recovery unit. These strategies should include early intervention to prevent expansion into breeding areas where introduced beachgrass and other nonnative vegetation have not yet spread or are in early stages of spreading. Attention also should be given to the removal of giant reed, Scotch broom, gorse, iceplant, and shore pine. Remove/manage vegetation on salt ponds, including levees. 163 Schedule/coordinate removal efforts to avoid disturbing nesting western snowy plovers. Appendix C, Table C-1 identifies 86 locations where removal of nonnative and other vegetation is either currently occurring or needs to be initiated to achieve management goals. 2.2.1.2 Replace exotic dune plants with native dune vegetation where it is likely to improve habitat for western snowy plovers. Land managers should make special efforts to reestablish native dune plants in western snowy plover nesting habitat, while concentrating on removal of nonnative vegetation. Native dune vegetation includes American dunegrass (Leymus mollis), beach morning glory (Calystegia soldanella), pink sand -verbena (Abronia umbellata), yellow sand verbena (Abronia latifolia), beach bursage (Ambrosia chamissonis), grey beach pea (Lathyrus littoralis), whiteleaf sahbush (Atriplex leucophylla), and California saltbush (Atriplex californica). These efforts should be targeted for coastal dune sites that currently support nonnative vegetation species such as introduced beachgrass (Ammophila spp), and should be combined with removal of this invasive plant. Seeds of local native dune plants collected within approximately 32 kilometers (20 miles) of the site to be planted should be used as replacement plant stock. Revegetation efforts should be monitored to ensure that the amount of vegetative cover is compatible with suitable breeding habitat for plovers. 2.2.2 Deposit dredged material to enhance or create nesting habitat. Near -shore (littoral drift) and on -shore disposal of dredged material seems to be beneficial for perpetuating high quality western snowy plover nesting habitat in some instances and should be encouraged where appropriate. However, monitoring of habitat characteristics before, during, and after projects is needed, particularly in cases of 164 large operations occurring on sites where western snowy plovers nest or are deemed likely to nest following the disposal operation. On -shore disposal of dredged material should be scheduled outside the nesting season and, where possible, during seasons when birds are not present. In addition, dredged material must be clean sand or gravel of appropriate grain size and must be graded to a natural slope. 2.2.2.1 Evaluate western snowy plover breeding and wintering sites listed in Appendix C and potential breeding sites to determine whether dredged materials may be used to enhance or create nesting habitat. Recovery Unit working groups should identify sites where dredged material maybe used to enhance or create nesting habitat. Evaluation of sites should include impacts (short- and long-term) to existing western snowy plover habitat, likelihood of use by western snowy plovers, whether appropriate sources of clean dredged material exist, and opportunities to utilize material from dredging projects. 2.2.2.2 Develop and implement plans, including pre- and post -project monitoring, to use dredged material to enhance or create nesting habitat at the sites identified in action 2.2.2.1. Plans to implement use of dredged material to enhance or create nesting habitat should be developed for sites identified in action 2.2.2.1. Plans should include measures to minimize impacts to western snowy plovers and existing habitat and should include pre- and post -project monitoring to determine effectiveness of the project in enhancing or creating nesting habitat. 165 2.2.3. Implement beach nourishment activities if action 4.1.2 indicates beach nourishment activities are effective in enhancing western snowy plover habitat. Beach nourishment activities have the potential to enhance western snowy plover habitat, but should be carefully evaluated to weigh the probable adverse and beneficial effects on plovers and on other sensitive coastal dune species. 2.2.3.1 Evaluate and identify sites where beach nourishment activities maybe effective in creating and enhancing western snowy plover habitat. Potential sites include those sites where natural coastal processes have been disrupted (i.e. by coastal development, beach stabilization, construction of rock jetties and seawalls, etc.). Evaluation of sites should consider potential for adverse effects to existing western snowy plover habitat, whether appropriate sand sources are available, and whether long-term benefits are likely to occur. 2.2.3.2 Develop and implement beach nourishment plans, including pre- and post -project monitoring for the sites identified in action 2.2.3.1. Plans to implement beach nourishment activities to enhance or create nesting habitat should be developed for sites identified in action 2.2.3.1. Plans should include measures to minimize impacts to western snowy plovers and existing habitat and should include pre- and post -project monitoring to determine effectiveness of the project in enhancing or creating nesting habitat. 2.2.4 Create, manage, and enhance coastal ponds and playas for breeding habitat. Coastal ponds and playas, including salt ponds, should be enhanced and created to improve breeding habitat. Significant opportunities for management of nesting plovers currently exist within San Francisco Bay salt ponds, Moss Landing .: Wildlife Area, Bolsa Chica wetlands, and south San Diego Bay salt ponds. However, salt ponds should only be created or enhanced at existing salt pond habitat; they should not be used for mitigation or compensation of coastal beach -dune or other western snowy plover habitats. Creation of habitat should be emphasized in areas that would preclude or reduce recreational impacts. Appendix C, Table C-1 identifies 15 locations where habitat enhancement is either currently in place or needs to be initiated to achieve management goals. Additional sites also may provide opportunities to enhance western snowy plover breeding habitat. 2.3 Prevent disturbance of breeding and wintering western snowy plovers by people and domestic animals. Disturbance by humans and domestic animals causes significant adverse impacts to breeding and wintering western snowy plovers. Because human disturbance is a primary factor affecting western snowy plover reproductive success, land managers should give the highest priority to implementation of management techniques to prevent disturbance of breeding birds. Western snowy plover breeding and wintering sites are highly variable in their amount of recreational activity. Land managers should conduct site -specific evaluations to determine whether recreational activities, domestic animals, and off -road vehicles pose a threat to plovers and implement appropriate measures. As information is gathered, it should be incorporated into conservation efforts. Management plans (Actions 3.3.1, 3.3.2, and 3.4) should include appropriate human/domestic animal access restrictions to prevent disturbance of western snowy plovers. Management techniques described below can reduce impacts of beach recreation on western snowy plovers, but they must be implemented annually as long as the demand for beach recreation continues. 2.3.1 Prevent pedestrian disturbance. Management measures to protect we stern snowy plovers should be determined on a site -by - site basis; factors to consider include the configuration of habitat as well as types and amounts of on -going pedestrian activity. On national wildlife refuges and State natural preserves within the 167 California State Parks system, where protection of wildlife is the paramount purpose of Federal and State ownership, western snowy plover habitat should be closed during the breeding season. Other areas also should be closed when necessary to adequately protect breeding western snowy plovers. 2.3.1.1 Restrict access to areas used by breeding western snowy plovers, as appropriate. Unless a beach is closed to public entry, or use is minimal, posting and/or fencing of nesting areas is recommended to discourage pedestrian use of the area and allow for plover courtship and prenest site selection, to prevent obliteration of scrapes, crushing of eggs or chicks, and repeated flushing of incubating adults. Any access restrictions should be accompanied by outreach programs to inform the public of any restrictions and provide educational material on the western snowy plover (see action 5). 2.3.1.1.1 Seasonally close areas used by breeding western snowy plovers. Dates of seasonal closures/restrictions should be based on the best data available, and be coordinated by geographic region for consistency in communicating with the public. Closures may be determined on a year-to-year basis and other options such as fencing may be considered first. To provide broods with access to foraging areas, closures should cover the area down to and including the water line, where practical. Areas where territorial plovers are observed also should be closed to prevent disruption of territorial displays and courtship. Because nests can be difficult to locate, especially during egg -laying, closure of these areas will also prevent accidental crushing of undetected nests. Appendix C, Table C-1 identifies 81 locations where public access is either currently restricted or it is recommended it be restricted to achieve management goals. 2.3.1.1.2 Fence areas used by breeding western snowy plovers. Fencing to keep people and beach activities out of nestingibrood rearing areas should not binder chick movements, unless fencing is specifically meant to keep chicks from being harmed. Areas with a pattern of nesting activity in previous year(s) or where territorial plovers are observed should be fenced before plovers begin nest - site selection. Because nests can be difficult to locate, especially during egg -laying, closure of these areas will also prevent accidental crushing of undetected nests. Symbolic fences (one or two strands of 1/4 inch plastic -coated steel cable strung between posts) with signs identifying restricted areas substantially improve compliance of beach -goers and decrease people's confusion about where entry is prohibited. On portions of beaches that receive heavy human use during the breeding season, fencing of prime brood -rearing areas to exclude or reduce numbers of pedestrians also should be implemented to contribute to the survival and well-being of unfledged chicks. Appendix C, Table C-1 identifies 64 locations where nesting areas are fenced or where fencing is recommended to achieve management goals. 169 2.3.1.1.3 Post signs in areas used by breeding western snowy plovers. Areas with a pattern of nesting activity in previous year(s) should be posted before plovers begin nest -site selection. On portions of beaches that receive heavy human use during the breeding season, posting of prime brood -rearing areas to exclude or reduce numbers of pedestrians also should be implemented to contribute to the survival and well-being of unfledged chicks. Appendix C, Table C-1 identifies 65 locations where exclusionary signs are in place or recommended to achieve management goals. 2.3.1.2 Locate new access points and trails well away from western snowy plover nesting and wintering habitat, and modify existing access and trials as necessary. Recreational users such as campers, clammers, anglers, equestrians, collectors, etc., should be encouraged to consistently use designated access points and avoid restricted areas. Roads, trails, designated routes, and facilities should be located as far away from western snowy plover habitat as possible. Recreationists using boats should be restricted or prohibited from areas being used by the western snowy plover. Appendix C, Table C- 1 identifies 67 locations where boat use is currently and/or is recommended to be prohibited or restricted, and 81 locations where access is currently and/or is recommended to be prohibited or restricted to achieve management goals. 170 2.3.1.2.1 Evaluate existing and planned access at all breeding and wintering locations and determine whether access may adversely affect western snowy plovers and their habitat. Review of access points should include evaluating level of and timing of use by recreational users and level of effects on the western snowy plover. 2.3.1.2.2 For sites where access is determined in action 2.3.1.2.1 to adversely affect western snowy plovers, develop and implement plans to minimize effects. Actions that could minimize effects of access include seasonal restrictions, signs, fencing, or relocation or modification of access points or trails. 2.3.2 Implement and enforce pet restrictions. It is preferable that land managers prohibit pets on beaches and other habitats where western snowy plovers are present or traditionally nest or winter because any noncompliance with leash laws can cause serious adverse impacts to western snowy plovers. Ifpets are not prohibited, they should be leashed and under manual control of their owners at all times. Pets should be prohibited on beaches and other western snowy plover habitats if, based on observations and experience, pet owners fail to keep pets leashed and under full control. Land managers should document the type and frequency of infractions of rules and regulations requiring pets on leash. This information, including the number of verbal warnings, written warnings, and notices to appear (citations), should be documented so that comparisons can be made between locations. This documentation could help ensure that adequate effort is being 171 made to enforce pet regulations. Appendix C, Table C-1 identifies 120 locations where pets are currently prohibited or restricted and where they are recommended to be prohibited or restricted to achieve management goals. 2.3.3 Annually review existing recreational activities at breeding and wintering sites listed in Appendix C and develop and implement plans to prevent disturbance from disruptive recreational activities where western snowy plovers are present. Some recreational activities may disrupt western snowy plover breeding and foraging, attract predators, destroy nests, or degrade habitat. Management of a variety of recreational activities is needed to minimize these effects. Special events, including sporting events, media events, fireworks displays, and beach clean- ups, attract large crowds and require special attention. Special events planned in western snowy plover nesting areas should not be held during the plover nesting season. Early planning and coordination with local resource agencies should be emphasized. Fireworks should be prohibited on beaches where plovers nest. When fireworks displays are situated to avoid disturbance to western snowy plovers, careful planning also should be conducted to assure that spectators will not walk through and throw objects into plover nesting and brood -rearing areas. Sufficient personnel also must be on -site during these events to enforce plover protection measures and prevent use of illegal fireworks in the vicinity of the birds. Flying of kites and model airplanes should be managed to avoid adverse impacts in areas where nesting plovers are present. Sports such as ball- and frisbee -throwing should be managed within hitting and throwing distance of western snowy plover nesting areas because of tendencies for stray balls and frisbees to land in closed areas where they can smash nests and where efforts to remove them can disturb territorial or incubating birds. Camping and beach fires should be prohibited in western snowy plover 172 nesting areas during the nesting season. Appendix C, Table C-1 identifies 11 locations where kites are and/or should be prohibited and/or restricted to achieve management goals, but additional recreational activities also should be reviewed for potential adveise effects to western snowy plovers. 2.3.4 Inform beach users of restrictions on driftwood removal through posting of signs. Driftwood removal should not be allowed unless needed to create sufficient open habitat to induce nesting activities. In such cases, driftwood removal should occur outside of the breeding season. Appendix C, Table C-1 identifies 26 locations where driftwood collection restrictions currently occur and/or are recommended for restriction to achieve management goals. Driftwood removal should also be minimized through enforcement as identified in Action 2.3.8. 2.3.5 Prevent disturbance, mortality, and habitat degradation by prohibiting or restricting off -road vehicles, including beach - raking machines. Recreational off -road vehicles should be prohibited or restricted at western snowy plover breeding areas, as appropriate. Violations associated with unauthorized entry of recreational off -road vehicles into closed or fenced nesting areas should be strictly enforced. During the nonbreeding season, enforcement of violations regarding recreational off -road vehicle use should continue where western snowy plover use of beaches occurs year-round. Because of potential habitat degradation caused by mechanized beach cleaning, alternatives to this type of beach cleaning are recommended, including manual beach cleaning by agency staff and volunteers knowledgeable about the need to maintain coastal dune habitat characteristics and to protect western snowy plovers. Appendix C, Table C-1 identifies 101 locations where off -highway vehicles are currently and/or recommended for prohibition or restriction to achieve management goals. 173 Essential vehicles within western snowy plover nesting areas should: (1) travel on sections of beaches where unfledged chicks are present only if absolutely necessary; (2) when possible, travel through chick habitats only during daylight hours; (3) travel at less than 8 kilometers (5 miles) per hour; (4) use a guide familiar with western snowy plovers; (5) use open four-wheel motorized off - highway vehicles or nonmotorized all -terrain bicycles to improve visibility; (6) avoid driving on the wrack (marine vegetation) line and during high -tide periods; (7) travel below the high tide mark and as close to the water line as is feasible and safe; and (8) avoid previous tracks on the return trip. 2.3.6 Implement restrictions on horseback riding in nesting areas through annual coordination with commercial and private equestrian operations and groups. Strategies to reduce adverse impacts to nests from commercial and private equestrian use of western snowy plover habitat should include: (1) use of designated trail systems or, when absent, use of the wet sand area in areas not closed to the water line; (2) advance coordination with local resource agencies regarding locations of nests and broods; (3) compliance with closed or restricted areas; and (4) informing riders of the need for restrictions to protect habitats used by western snowy plovers and other sensitive coastal dune species. Avoid high -tide periods. Violations regarding unauthorized entry into closed or restricted breeding areas by equestrians should be strictly enforced. Appendix C, Table C-1 identifies 72 locations where restriction or prohibition of horses currently exists or is recommended to achieve management goals. 2.3.7 Implement and enforce restrictions on livestock in nesting areas through annual coordination with land managers, landowners, and grazing lessees. Strategies to reduce adverse impacts to nests from livestock grazing in western snowy plover habitat should include: (1) advance coordination with local resource agencies regarding locations of nests and broods; (2) 174 compliance with closed or restricted areas; and (3) informing landowners of the need for restrictions to protect habitats used by western snowy plovers and other sensitive coastal dune species. Violations regarding unauthorized entry into closed or restricted breeding areas by livestock should be strictly enforced. Appendix C, Table C-1 identifies 18 locations where restriction or prohibition of livestock currently exists or is recommended to achieve management goals. 2.3.8 Enforce regulations in areas used by breeding western snowy plovers. Land managers should monitor violations and enforce regulations within all closed and restricted areas, with particular attention to areas where nests or broods are present. 2.3.8.1 Determine enforcement needs for western snowy plover breeding and wintering sites and provide sufficient wardens, agents, or officers to enforce protective measures in breeding and wintering habitat. Wardens are especially needed on heavily -used beaches during the peak recreational season, which coincides with the western snowy plover breeding season in many locations. Federal, State, and local authorities should provide a coordinated law enforcement effort to eliminate activities that may adversely impact western snowy plovers, such as illegally -parked vehicles, trespassing off -road vehicles, pedestrians, pets in restricted areas, illegal or unauthorized activities (e.g., fireworks, beach fires, driftwood removal), pets off leash, and littering. Patrols and enforcement are needed to ensure compliance and to make sure restrictive measures are successful. Specific actions to be implemented include patrols in protected areas (see action 2.3.8.2) and car patrols to prevent illegal driving and parking. Appendix C, Table C-1 identifies 105 locations where 175 enforcement of regulations currently occurs or is recommended to occur to achieve management goals. 2.3.8.2 Develop and implement annual training programs for enforcement personnel and others who work in western snowy plover breeding habitat to improve enforcement of regulations and minimize effects of enforcement actions on western snowy plovers and their habitat. Federal, State, and local enforcement personnel and others who work in western snowy plover habitat should be trained to be familiar with the Endangered Species Act and other wildlife conservation statutes, and with the measures recommended in this recovery plan. Training, especially specific training for professional law enforcement agents regarding investigation of potential wildlife and Endangered Species Act violations, should be coordinated with local U.S. Fish and Wildlife Service Law Enforcement offices. It is essential that wardens, whether professional or volunteers, (1) be thoroughly trained in procedures for conducting patrols in a manner that minimizes risk to plovers; (2) have at least basic knowledge of western snowy plovers for public education purposes; and (3) be trained to handle potentially confrontational situations. In cases involving take of listed species, it is essential that investigations be conducted only by trained, certified, and professional law enforcement agents. Our local Law Enforcement office should be informed immediately whenever evidence of suspected take of western snowy plovers is encountered. Enforcement personnel should be instructed in measures that can minimize effects of enforcement actions on western snowy plovers. Where the extent of habitat to be protected is large, making foot patrols infeasible, horses, 176 four-wheel all -terrain vehicles/off-road vehicles, or nonmotorized all -terrain bicycles, are preferred over trucks, automobiles, etc., because they afford improved visibility for operators. Except during emergencies, vehicle speed should not exceed 8 kilometers (5 miles) per hour and horses should be ridden at a walk only. In addition to providing maximum visibility for operators, horse and foot patrols by uniformed personnel have the added advantage of providing informational/educational interactions with beach visitors to promote compliance with plover protection measures. Enforcement and emergency response personnel (such as search and rescue, and fire) should be well aware of potential western snowy plover locations. These locations should be named as avoidance areas as a part of their plans and training exercises. Enforcement patrols should use the same access trails as beach visitors; if additional access points are needed, they should be the minimum necessary and as far away from nesting plovers as possible. 2.3.9 Develop and implement a program to annually coordinate with local airports, aircraft operations, and agency aircraft facilities to facilitate compliance with aviation regulations regarding minimum altitude requirements. Each recovery unit working group should develop a list of local airports, aircraft operations, and agency aircraft facilities within each recovery unit. Working groups, land managers, and the U.S. Fish and Wildlife Service should annually inform them of western snowy plover breeding areas that should be avoided by aircraft operations or where minimum altitude requirements should be enforced to minimize disturbance of western snowy plovers. Aircraft operations within western snowy plover habitat should require a minimum altitude of 152 meters (500 feet) for aircraft and a possibly higher altitude for 177 helicopters. Aircraft operations that have already established guidelines allowing aircraft to fly under the 152-meter (500-foot) threshold should raise the limits to this minimum threshold or higher as needed. Exceptions such as use for low -altitude military training should be addressed in coordination with the appropriate Fish and Wildlife Office through section 7 consultation. Ultralight aircraft are a new potential source for negative effects to the snowy plover. Ultralight aircraft landed on nesting plover beaches at Point Reyes National Seashore in 2003. These aircraft are sometimes associated with an airport but often are kept on ranches or other private lands (S. Allen in litt. 2004). In addition, land managers should report suspected violations of aviation regulations in western snowy plover nesting areas during the breeding season. Suspected violations and the aircraft's registration number should be reported to law enforcement officers and, if appropriate, the Federal Aviation Administration. If not in violation of aviation regulations (e.g., helicopters), a description of the helicopter should be reported to law enforcement officers so they can notify the operator of the presence of, and potential for take of, westem snowy plovers in nesting areas. 2.4 Prevent excessive predation for western snowy plovers. Land managers should employ an integrated approach to predator management that considers a full range of management techniques. Managers may need to reevaluate and clarify their policies on the management of predator populations and/or habitat where predation might be limiting local western snowy plover populations. In particular, policies that prohibit management of native predator populations, even when human -abetted factors have caused substantial increases in their abundance, maybe counter -productive to the overall goal of protecting "natural" ecosystems. In addition to predator management activities by on -site biologists, assistance from the U.S. Department of Agriculture (Wildlife Services 178 Branch) biologists, State wildlife agency forbearer biologists, biologists specializing in avian predators, and professional trappers should be sought and used as needed and appropriate. Federal, State, and local agencies and the general public should be aware of the adverse consequences to listed species if needed predator control measures are prohibited or restricted. Appendix C, Table C-1 identifies 61 locations where predator control currently occurs or is recommended to achieve management goals. Below are specific means of predator control. 2.4.1 Manage litter and garbage and its removal to minimize attracting predators on western snowy plover habitat. Litter and garbage in western snowy plover habitat may increase predation of western snowy plovers by providing food that attracts predators and encourages increased predator populations. Appropriate management of litter and garbage, particularly in areas that receive heavy recreational use, is needed to prevent or minimize excessive predation. 2.4.1.1 Implement and enforce anti -littering regulations. Litter should not be allowed in western snowy plover breeding areas to avoid attracting predators. Littering ordinances should be enforced year-round. 2.4.1.2 Evaluate the effects of current litter and garbage management on predation of western snowy plover at breeding and wintering sites. All sites in Appendix C should be evaluated to determine whether garbage and litter affect predation on western snowy plovers by attracting predators. 2.4.1.3 Develop and implement garbage and litter management plans for all sites identified in action 2.4.1.2 where litter and garbage contribute to predation on western snowy plovers. Plans for managing litter and garbage should be incorporated into 179 long-term protection and management efforts developed and implemented under action 3. Beachgoers should be discouraged from leaving or burying trash or food scraps on the beach. Trash cans should not be located on the beach unless there is no other recourse to prevent littering. Emptying cans in the evening instead of leaving them overnight is preferable. Fish -cleaning stations should be located well away from plover breeding areas. Land managers should supply covered or scavenger -proof trash receptacles at access points and away from western snowy plover habitat, and receptacles should be routinely emptied. Until predator -proof trash containers can be installed, existing trash cans should be emptied frequently to reduce attractiveness and availability of their contents to scavenging predators. Land managers should also provide toilets at access points and away from western snowy plover habitat to discourage people from using the dunes. Although removal of trash from the beach reduces predation threats, beach -raking should be avoided year- round to protect breeding and wintering western snowy plovers (see action 2.3.5). Beach -raking of western snowy plover habitat also should be avoided because it removes plover food sources. Trash should be selectively removed from the beach manually, but natural materials, including shells, kelp, and driftwood, should be left intact (see action 2.3.4). 2.4.2 Annually identify predator perches and unnatural habitats attractive to predators and remove where feasible. Planners should not allow unnatural habitats or other predator attractants to be placed near western snowy plover nesting locations. Where feasible, land managers should remove from western snowy plover breeding locations any exotic vegetation, perches, and other features that attract avian and mammalian predators. Where signs and fences are necessary as part of management to protect plover breeding areas, attempts should be made to design them in a way that will deter their use by predators (e.g., install spikes on fence posts). 2.4.3 Erect predator exclosures to reduce western snowy plover egg predation and improve productivity (number of fledglings per male) where appropriate. Guidelines for the use of predator exclosures to protect nesting western snowy plovers are contained in Appendix F. Exclosures are a valuable tool for countering human -abetted predation threats to western snowy plover eggs, but they are not appropriate for use in all situations, nor do they provide any protection for mobile plover chicks, which generally leave the exclosure within one day of hatching and move extensively along the beach to feed. Exclosures should be used in conjunction with an integrated predator management program. Also, exclosures must be carefully constructed, monitored, and evaluated by qualified persons. In some areas, avian predators have learned over time to associate exclosures with a source of prey (J. Buffa in litt. 2004). String (twine) or a more substantial plastic stealth material may be needed on top of exclosures to deter avian predators. Appendix C, Table C-1 identifies 53 locations where exclosures are currently used or recommended for use to achieve management goals. The use of exclosures (small circular, square, or triangular metal fences that can be quickly assembled) to deter predator and human intrusion is recommended as one of the most effective management tools to protect nests (see Appendix F for exclosure protocols). However, it should be recognized that while exclosures provide nest protection, they do not ensure survival of chicks to fledging age and may contribute to predation on adults, so their use should be evaluated carefully and may not substitute for other measures 181 that reduce human disturbance (2.3) or control predation (2.4.1, 2.4.2, 2.4.3, 2.4.5). 2.4.4 Evaluate the need for and feasibility of predator removal and implement removal where warranted. Where predators have been identified through monitoring to adversely affect western snowy plover breeding success and/or survival and cannot be adequately controlled through use of exclosures, land managers should evaluate the need for and feasibility of predator removal. Removal of predators should be pursued where it is feasible, warranted, humanely conducted, and useful. Situations that may especially warrant predator removal include those where nonnative predators such as red fox (Vulpes vulpes regalis), feral cats, and Norway rats (Rattus norvegicus) are present, where predators have been introduced to islands, where predator range extensions have been human -abetted, or where high rates of western snowy plover adult, chick, or egg predation (which cannot be countered with predator exclosures or other aversion methods) are occurring. Nonnative predators should be lethally controlled in plover nesting habitat. Native predators should be removed or controlled by nonlethal means whenever possible. Gulls also should be discouraged from establishing and expanding nesting colonies at western snowy plover nesting areas, and land managers should determine whether existing gull colonies warrant removal. If removal is not warranted, exclosures around plover nests should be used to prevent large flocks of roosting gulls from trampling plover nests. Federal and State permits must be obtained to legally capture, kill, or hold and release birds protected under the Migratory Bird Treaty Act and State laws. Also, individuals responsible for capturing such birds and the holding facility must have the proper Federal and State permits, and Federal land managers must document that such activities are in compliance with the National Environmental Policy Act. Biological considerations for determining whether 182 removal of avian predators is appropriate include the time of year (to assess whether the predator is caring for young or is a fledgling itself), whether the predatory bird is a resident or migrating through western snowy plover nesting habitat, and whether the predatory bird is a sensitive species or listed under the Endangered Species Act. Because of the potential for swift and significant losses of plovers by avian predators, land managers should plan in advance to complete the necessary procedures and secure needed permits to effectively deal with cases of high negative impact on western snowy plovers. If feasible, removal of native predators should focus on problem individuals rather than populations. Possible control methods include egg addling, nest removal, translocation of problem individuals, and holding in captivity with later release after plover breeding season. State permits must also be obtained as appropriate for the capture and removal of problem mammals (e.g., raccoons, skunks, and opossums). In 2001, the California Coastal Commission determined that predator management in western snowy plover habitat on Vandenberg Air Force Base was also subject to Coastal Consistency review under the Coastal Zone Management Act. 2.4.5 Remove bird and mammal carcasses in western snowy plover nesting areas. Where practical and not disturbing to western snowy plovers, dead birds and mammals that wash up on the beach in close proximity to plover nests should be removed to reduce the attraction of predators to plover nests. Removal of carcasses of marine mammals and species listed under the Endangered Species Act should be coordinated with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. 2.5 Protect western snowy plovers and their breeding and wintering habitat from oil or chemical spills. Land managers should develop oil/chemical spill emergency response plans that provide for protection of known western snowy plover breeding areas. The U.S. Coast Guard should update their emergency response measures to include protective 183 measures for the western snowy plover. In the event of a spill in the vicinity of a western snowy plover nesting or feeding area, efforts should be made to prevent oil/chemicals from reaching these beaches. Clean-up operations should be prompt, but agencies should exercise special care during remediation efforts and coordinate closely with us to prevent accidental destruction of nests and/or excessive disturbance of breeding adults, nests, or chicks. Response plans should include applicable recommendations contained in this recovery plan (e.g., Action 2.3.5 regarding essential vehicles). Efforts must be made to minimize the likelihood of oil or chemical spills in plover wintering areas. Land managers should develop oil/chemical spill emergency response plans that provide for protection of known plover wintering areas. The U.S. Coast Guard should update their emergency response measures to include protective measures for the western snowy plover. Shorebird or coastal ecosystem protection plans developed by State or local agencies to address oil/chemical spills should also include protection measures for western snowy plovers. In the event of a spill in a known western snowy plover wintering area, efforts should be made to prevent oil/chemicals from impacting plovers and unavoidable impacts should be documented. Restoration efforts should begin expeditiously, but agencies should exercise special care and coordinate closely with us to prevent excessive disturbance to wintering western snowy plovers. Further, habitat restoration efforts must be conducted in compliance with the National Environmental Policy Act and the Coastal Zone Management Act. If western snowy plovers or their habitat sustain injury due to oil/chemical spills, the responsible parties should restore the areas to their original condition or the Federal Government (U.S. Coast Guard) should lead the clean-up effort; appropriate claims should also be filed under the Natural Resource Damage Assessment regulations to recover damages and undertake relevant restoration work. Assessment of natural resource damages is facilitated by availability of baseline data on pre -spill conditions. Therefore, whenever possible, agencies that own or manage western snowy plover habitat should collect baseline data on behavior, reproduction, distribution, abundance, and habitat use. The baseline information on plover distribution and habitat use should also be supplied to the Area Committees that develop and update regional spill contingency plans so that this information can be incorporated into pre -spill planning efforts for protection of sensitive environments and species. Oil spill emergency response personnel should be well aware of potential plover locations. These locations should be named as avoidance areas as a part of their training exercises. Appendix C, Table C-1 identifies 4 locations where contaminant removal is occurring or is recommended to achieve management goals. 2.5.1 U.S. Fish and Wildlife Service biologists should participate in Area Committees responsible for maintaining the Area Contingency Plans for the Pacific Coast to facilitate the updating of spill response plans to include protection of western snowy plovers. Active participation in the Area Committees would require funding for staff participation from the six U.S. Fish and Wildlife Service offices responsible for the coastlines of California, Oregon and Washington. 2.5.2 Assign monitors to beaches that are inhabited by western snowy plovers to protect western snowy plovers from injury during spill responses. Monitors would be responsible for identifying areas of beach that are in use by plovers and directing response personnel and vehicles around these sensitive areas. Potential monitors should be identified in advance, and, where necessary, retained under contract so they can begin work immediately in the event of a spill. Spill response may require approximately two weeks of cleanup work that should be monitored, with potentially five incidents of this magnitude per year. 185 2.6 Reduce adverse impacts of recovery efforts for other sensitive species, including those within the San Francisco Bay Recovery Unit, by compensating for the loss of western snowy plover breeding and wintering habitat. Management and recovery actions for other sensitive species carried out in western snowy plover habitat should be evaluated for adverse effects to western snowy plover habitat. All efforts should be made to conserve western snowy plover habitat and minimize adverse effects. Where this is not possible, any loss of western snowy plover habitat values should be compensated. Within coastal beach -dune habitats in Washington, Oregon, and California, compensation efforts should emphasize the removal of beachgrass (Ammophila spp.) for lost western snowy plover breeding habitat resulting from management for other sensitive species. To compensate for the loss of existing western snowy plover breeding habitat values in San Francisco Bay from planned conversion to tidal marsh, appropriate salt ponds should be designated for protection and enhancement as western snowy plover breeding habitat. Currently, most western snowy plover breeding habitat occurs on levee roads, margins of active salt ponds, and pond bottoms of inactive salt ponds. Roads and levees provide lower quality habitat because of disturbance and ease of predator access. Any losses of western snowy plover breeding habitat should be replaced with habitat that provides similar or higher values (i.e., salt ponds or salt pans) in concert with recovery actions implemented from the Recovery Plan for Tidal Marsh Ecosystems of Northern and Central California (U.S. Fish and Wildlife Service in prep.). Habitat enhancement for western snowy plovers should be phased in with scheduled tidal marsh restoration for other listed species. During this interim period, land managers should make all efforts to achieve the recovery criteria of 500 breeding adults within the San Francisco Bay Recovery Unit by intensively managing existing western snowy plover breeding habitat. Any replacement of western snowy plover breeding habitat in San Francisco Bay should concentrate on areas where the necessary components of western snowy plover breeding habitat can be created. :: These areas include locations where unvegetated salt pans, salt ponds, islets and levees, and tidal mudflats/sandflats can be created or enhanced. Also, attempts should be made to avoid areas that are adjacent to landfills or other high concentrations of potential predators. Unless it is shown to be infeasible, creation and enhancement of western snowy plover breeding habitat should be emphasized in areas that currently support high numbers of breeding plovers and/or are not conducive to salt marsh restoration. The area to be managed for western snowy plovers should be sufficient to support a population of 500 breeding birds, estimated at 809 hectares (2,000 acres) of managed salt ponds. Most of these managed salt ponds should be located in South San Francisco Bay, which supports most of the existing western snowy plover population; however, some should also be located in the North Bay. Created or enhanced salt ponds should be intensively managed, similar to the Moss Landing Wildlife Area salt ponds. Management measures practiced at these salt ponds include maintenance of water control structures to maintain desired water levels, removal of excessive vegetation, and predator control. 2.7 Discourage pinnipeds from usurping western snowy plover nesting areas. Land managers should monitor pinniped colonies adjacent to western snowy plover breeding habitat and seek to keep breeding pinnipeds from occupying western snowy plover nesting areas during the breeding season where possible. Where conflicts occur, breeding pinnipeds should be discouraged from hauling out at western snowy plover breeding areas or be relocated, if feasible. Implementation of this action should be coordinated with the National Marine Fisheries Service to ensure compliance with the Endangered Species Act of 1973 and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). 2.7.1 In coordination with National Marine Fisheries Service, investigate feasibility and methods for discouraging pinniped use of western snowy plover nesting areas. Marine mammal populations have increased in many western snowy plover nesting areas. However, methods, effectiveness, and impacts of discouraging pinniped use of beaches are unknown and should be 187 investigated. Methods considered should be evaluated for their effects on western snowy plovers and their habitat as well as effectiveness in discouraging pinniped use. Workshops, such as those conducted by NMFS, for developing methods to reduce conflicts between pinnipeds and other species and human users should be held. 2.7.2 Identify areas where pinniped use is negatively affecting western snowy plover nesting and implement any appropriate methods identified in action 2.7.1. If effective methods are determined through action 2.7.1, sites where pinniped use negatively affects western snowy plover nesting should be identified and methods to discourage pinniped use implemented. Implementation of any methods to discourage pinniped use should be closely coordinated with the National Marine Fisheries Service to ensure compliance with the Endangered Species Act of 1973 and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq. ). 3 Develop mechanisms for long-term management and protection of western snowy plovers and their breeding and wintering habitat. Long-term management and protection will be needed on Federal and non -Federal lands to meet recovery criteria for each recovery unit and to meet management goals for individual breeding and wintering locations. Development of long-term protection mechanisms should include opportunities for participation of various stakeholders in development of management options. 3.1 Establish and maintain western snowy plover working groups for each of the six recovery units to facilitate regional cooperative networks and programs. Development of regional cooperative networks and programs, coordinating local public and private land use planning with State and Federal land use planning, recovery planning, and biodiversity conservation is needed (Figure 12). To facilitate and develop regional cooperative programs, working groups have been established for each of the six recovery units and should be maintained. U.S. Fish and Wildlife am Service field offices should facilitate exchange of information among working groups. The working groups should be composed of representatives from the Federal, State, local, and private sectors; and meet regularly to assess western snowy plover population trends and coordinate plover recovery efforts. Each of the six working groups should use this recovery plan as a guide, but members will prioritize in cooperation with our Arcata Fish and Wildlife Office what management measures need to be implemented in their recovery unit because they have on -the -ground, day-to-day, experience about what is currently being done in these areas. Working groups should assist with updating information contained in Appendices B and C, tracking whether management goals are being met, and recommending changes in management goals and site -specific management actions, if necessary. Public outreach also should be a major focus of the working groups. An interchange of ideas between all six working groups should also occur on an on -going basis. 3.2 Develop and implement regional participation plans for each of the six recovery units that outline strategies to implement recovery actions. The 1994 Interagency Cooperative Policy on Recovery Plan Participation and Implementation Under the Endangered Species Act (U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration 1994) provides for a participation plan process, which involves all appropriate agencies and affected interests in a mutually -developed strategy to implement recovery actions. Participation plans for implementing recovery actions for the western snowy plover that include all partners should be developed by each of the six recovery unit working groups. In addition to outlining a strategy to implement recovery actions, the participation plan should include strategies for evaluation of progress and needs for plan revision. Participation plans may also achieve the policy's goal of providing for timely recovery of species while minimizing social and economic impacts. Plans should identify and prioritize specific recovery activities for each location identified in Appendices B and C,while considering the needs of the entire Pacific coast population. They U.S. Fish and Wildlife Service Facilitate formation and maintenance of plover working groups for each recovery unit (Action 3.1) Assist State agencies, local governments, and private landowners in developing management plans and Habitat Conservation Plans (Action 3.3, 3.4) Provide assistance to local governments to develop land -use protection measures (Action 3.5) Arcata Fish and Wildlife Office, U.S. Fish and Wildlife Service Implement Recovery Coordinate and distribute monitoring data and educational materials (Action 7) Compile and distribute annual status updates (Action 7) Coordinate plover conservation actions, consultations, HCP's and permitting (Action 7) Recovery Unit Working Groups (6) Develop participation plans (Action 3.1.2) Federal Agencies Develop and implement management plans for Federal lands (Action 3.3.1) State Agencies Develop and implement management plans and Habitat Conservation Flans (Action 3.3.2) Local Governments Develop and implement management plans and Habitat Conservation Plans (Action 3.4) Develop and implement land -use protection measures (Action 3.5) Private Landowners Develop and implement management plans and Habitat Conservation Plans (Action 3.4) Figure 12. Chart of recovery planning and implementation efforts. 190 should include, but not be limited to: (1) endorsements by responsible agencies of their intent to seek economic resources for ongoing recovery actions; (2) outreach efforts to enhance the public's understanding of the western snowy plover's habitat needs (including an information and education strategy specific to area demographics and recreational activities); (3) economic in cent ive s for con servat ion of western snowy plovers on private lands; and (4) all actions necessary to maintain western snowy plover productivity after delisting. Participation plans may also identify ways in which recovery actions for western snowy plovers will be covered as part of coastal ecosystem plans or other conservation measures. 3.3 Develop and implement management plans for all Federal and State lands to provide intensive management and protection of western snowy plovers and their habitat. Federal and State land managers should develop and implement management plans for all breeding and wintering locations (listed in Appendix B) that occur on Federal or State lands. Intensive management programs for western snowy plovers at national wildlife refuges should be implemented and annually evaluated to ensure they provide sufficient plover protection. Intensive management programs also should be implemented and periodically evaluated on lands administered bythe National Park Service, U.S. Forest Service, U.S. Bureau of Land Management, U.S. Army Corps of Engineers, and Federal military bases, State wildlife areas, State ecological reserves, and State park lands (including State natural preserves and State seashores). 3.3.1 Develop and implement management plans for Federal lands. Federal agencies should develop or update, as appropriate, site - specific management plans that address threats to western snowy plovers, and adopt management measures for habitat protection and enhancement on Federal lands. Management plans should be implemented on an ongoing basis. Federal agencies also should review their proposed actions under the requirements of sections 7 and 10 of the Endangered Species Act prior to implementing the management plans because they may require authorization under section 7(a)(2) or 10(a)(1)(A). 191 3.3.2 Develop and implement management plans and habitat conservation plans on State wildlife areas, State ecological reserves, and State beaches. State agencies that manage State beaches, wildlife areas, or ecological reserves should develop and implement site -specific management plans and habitat conservation plans to minimize and mitigate impacts to western snowy plovers, and management measures for habitat protection and enhancement on State lands. State agencies should coordinate the development of habitat conservation plans with us and apply for section 10(a)(1)(B) permits under the Endangered Species Act if their management actions and allowed uses are resulting in incidental take of western snowy plovers. 3.4 Develop and implement habitat conservation plans or other management plans for western snowy plover breeding and wintering sites owned or managed by local governments and private landowners. We should provide assistance in the development of habitat conservation plans or other management plans to: (1) county and city governments that manage western snowy plover habitats; (2) private resource managers; and (3) owners of large amounts of private natural land. Habitat conservation plans are only required if an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act is desired or required. 3.5 Provide technical assistance to local governments in developing and implementing local land use protection measures through periodic workshops. Federal and State agencies should assist local governments with jurisdiction over western snowy plover habitats in developing western snowy plover protection policies as part of new or revised local general plans, zoning policies, implementing measures, land use plans, comprehensive plans, and local coastal programs. For areas where beach closures are necessary, appropriate ordinances, administrative rules, and regulations should be developed by State and local governments to enable law enforcement officers to conduct necessary enforcement actions. 192 Technical assistance such as maps of western snowy plover habitats, identification of local threats, and recommended site -specific protective measures should be provided to coastal planners. At least two workshops within each recovery unit that provide local governments with basic information on the western snowy plover, its habitats, threats, and recommended protective measures should be conducted during the first 10 years of recovery plan implementation. Additional technical assistance likely will be required but should be provided on an as needed basis as new or revised general plans, policies, ordinances, and other land use protection measures are developed. 3.6 Develop and implement cooperative programs and partnerships with the California State Coastal Commission, the Oregon Department of Land Conservation and Development, the Washington State Parks and Recreation Commission, the Oregon Parks and Recreation Department, the California Department of Parks and Recreation, and the Oregon Department of Fish and Wildlife to ensure that they use their authorities to the fullest extent possible to promote the recovery of the western snowy plover. Federal and State agencies should assist the California State Coastal Commission, Oregon Department of Land Conservation and Development, Washington State Parks and Recreation Commission, Oregon Parks and Recreation Department, California Department of Parks and Recreation, and Oregon Department of Fish and Wildlife in reviewing, updating, and amending local coastal programs and policies for consistency with the western snowy plover recovery plan. This review should include protection of western snowy plover habitats, cumulative impacts to western snowy plovers, and policies or restrictive measures recommended in this recovery plan. 3.7 Obtain long-term agreements with private landowners. Agreements between Federal and State agencies and private landowners interested in western snowy plover conservation should be developed and implemented. Landowners should be informed of the significance of plover populations on their lands and be provided with information about available conservation mechanisms, such as agreements and incentive 193 programs. For private lands with potential occurrences of western snowy plovers, permission should be sought from landowners to conduct on -site surveys. If surveys identify plover populations, landowners should be informed of their significance and offered incentives to continue current land uses that support species habitat. Appendix C, Table C-1 identifies 69 locations where landowner cooperation/cooperative agreements are occurring or are recommended to achieve management goals. 3.8 Identify and protect western snowy plover habitat available for acquisition. Federal, State, and private conservation organizations should protect western snowy plover habitat as it becomes available, through fee title or conservation easement, etc. We and other organizations should identify sites that may become available for acquisition, and we should continue to evaluate excess Federal lands for western snowy plover habitat and apply to acquire them as they become available. Each recovery unit working group should develop a list of priority properties for acquisition, and Federal, State, and nongovernmental organizations should work with land conservancy groups to implement land trades and acquisitions. Management plans for the western snowy plover should be developed during the land acquisition process. 3.9 Ensure that section 10(a)(1)(B) permits contribute to Pacific coast western snowy plover conservation. Recommendations contained in this recovery plan should guide the preparation of habitat conservation plans under section 10(a)(1)(B) of the Endangered Species Act for western snowy plovers on the Pacific coast by providing information to: (1) guide potential applicants in developing plans that minimize and mitigate the impacts of take and (2) assist us in evaluating the impacts of any proposed conservation plans on the recovery of the Pacific coast western snowy plover population. The section 10(a)(1)(B) permit process may be a valuable mechanism for developing the long-term protection agreements called for in Actions 3.3.2 and 3.4, especially where significant population growth has already occurred and productivity exceeds 1.0 fledged chick per male. 194 3.10 Ensure that consultations conducted pursuant to section 7 of the Endangered Species Act contribute to Pacific coast western snowy plover conservation. The recovery plan should also guide the evaluation of impacts to western snowy plovers pursuant to section 7(a)(2) of the Endangered Species Act. In evaluating these impacts, we and other Federal agencies should consider each of the breeding and wintering locations listed in Appendix B as important for recovery, and should also refer to the management goal breeding numbers for applicable locations and determine how the proposed project will affect those goals. Coordination with military bases which have western snowy plover populations is important to ensure that military activities do not affect the western snowy plovers or their habitat. Appendix C, Table C-1 identifies 54 locations where military uses are either restricted or recommended for restriction to achieve management goals. 4 Undertake scientific investigations that facilitate recovery efforts. Major gaps remain in our understanding of useful protection measures and conservation efforts for the western snowy plover. These include effective methods for habitat restoration, predator control, and monitoring population numbers and demographic characteristics. 4.1 Investigate effective methods for habitat restoration. 4.1.1 Evaluate the effectiveness of past and ongoing methods for habitat restoration by removal of introduced beachgrass and identify and carry out additional investigations necessary. Land managers, in coordination with recovery unit working groups, should summarize methods used to date for removal of introduced beachgrass and review their effectiveness. They also should pursue any additional field studies necessary to determine the most effective and cost-efficient methods for habitat restoration through removal of introduced beachgrass. Controlled studies with improved monitoring would provide needed direction for management decisions. 195 4.1.2 Evaluate the impacts and potential benefits of past and ongoing beach nourishment activities and identify and carry out any additional studies necessary to determine effects of beach nourishment activities on western snowy plover habitat. Beach nourishment activities should be carefully evaluated to weigh the probable adverse and beneficial effects on plovers and on other sensitive coastal dune species. Pre- and post -deposition beach profiles and faunal studies (including invertebrates) should be conducted to determine effects on habitat suitability for western snowy plovers. Consideration should be given to whether the projected long-term benefits are likely to occur. 4.2 Develop and test new predator management techniques to protect western snowy plover nests and chicks. Because many of the techniques currently used to reduce predation have disadvantages or limitations in effectiveness, new predator management techniques should be investigated. Assistance from the U.S. Department of Agriculture, Wildlife Services Branch, from State wildlife agency furbearer biologists, and other predatory bird and mammal specialists should be sought on these matters. 4.2.1 Develop higher -efficiency nest exclosures. Because exclosures must be deployed quickly, and currently -designed exclosures are heavy and labor- and time -intensive to erect, new exclosure designs should be tested. Prototypes should include lightweight materials that are easier to transport and a design that is easy to assemble and install. 4.2.2 Develop California least tern exclosures that prevent harm to western snowy plovers. Resource managers should continue to investigate modified designs for California least tern enclosures to further minimize western snowy plover mortality. 4.2.3 Identify, prioritize, and carry out needed investigations on control of native and nonnative predators. Aspects of the .r ecology of problematic avian predators (e.g., ravens and shrikes) and native mammals (e.g., coyotes and gray foxes) that could be used to gain an understanding of how to control their impact on western snowy plover nesting areas during the plover breeding season should be investigated. Information also is needed on the applicability and usefulness of other control methods, including aversive techniques for conditioning predators to avoid foraging in western snowy plover nesting areas or preying on western snowy plover eggs, chicks, or adults. Investigation is also needed to develop methods to discourage gull colonies. Aversive techniques may include taste aversions, displaying predator carcasses, or installing electric fences. Effective modifications of signs and fencing to prevent their use as predator perches also requires investigation. While in many cases there appear to be practical obstacles to development of effective aversion techniques that can be efficiently applied in the field, the goal of reducing predation with minimum disruption to native predator populations that are important to overall ecosystem balance is desirable and any methods that appear potentially practical and useful should be evaluated for success and cost-effectiveness. Initial study trials might be done at sites or seasons where western snowy plovers are not present in order to minimize unplanned adverse impacts. Recovery unit working groups should identify and prioritize studies needed and inform us of their recommendations. 4.2.4 Identify, prioritize, and carry out needed investigations on predator management at the landscape level. Resource managers should investigate landscape -level management of predators that inhabit western snowy plover nesting areas. This management could include removal of predator nest sites and other predator attractants or habitat on lands surrounding western snowy plover breeding areas. Recovery unit working groups should identify and prioritize studies needed and inform us of their recommendations. 197 4.2.5 Investigate techniques for identifying predators responsible for individual nest predation events. Techniques should be developed to identify predators responsible for nest predation events so that appropriate management measures can be applied. Such techniques could include installation of a remote video camera to monitor western snowy plover nests and exclosures and identify problematical predators. 4.3 Improve methods of monitoring population size and reproductive success of western snowy plovers. Methods used to monitor western snowy plover populations have differed over time and from site to site. To measure progress toward recovery reliably, standard monitoring guidelines have been developed (Appendix J). Logistical and financial constraints likely will preclude complete coverage of all areas, so sampling methods should be developed. 4.3.1 Improve methods of monitoring western snowy plover population size. Not all western snowy plovers at a given location are detected during a single survey, such as the annual breeding - season window survey. Consequently, correction factors are necessary to extrapolate population size from window surveys. Correction factors are determined on a site -specific basis. Intensive monitoring and/or color banding make it possible to know the number of western snowy plovers present at a site. When a window survey is completed, the ratio of the total number of western snowy plovers to the number of western snowy plovers counted provides a correction factor that may be used for future window surveys of the site and for other sites with window surveys but without intensive monitoring. Site -specific correction factors should be obtained for all major nesting locations. When correction factors have been determined for many sites, patterns may emerge that allow correction factors to be applied more broadly. 4.3.2 Develop sampling methods for annually estimating reproductive success within each recovery unit. While it is extremely valuable to monitor clutch hatching success and chick fledging success at each site as a measure of habitat quality, it is critical to determine the number of young fledged per male for each recovery unit to measure the potential for population stability and growth. Measuring the number of young fledged per male requires intensive monitoring, and at sites with large numbers of birds, some method of identifying individual males. Extensive color banding of adults and their young, enabling determination of young fledged per male, has been undertaken in large portions of coastal Oregon, the shoreline of Monterey Bay, and coastal San Diego County for the past several years. These efforts should continue. Since there are insufficient color band combinations to monitor all individuals in every recovery unit, sampling procedures should be developed to color band adequate samples of males, and if necessary their chicks, in the other recovery units to obtain estimates of the number of young fledged per male. Color banding for measuring reproductive success should be integrated with banding for estimating population size. 4.3.3 Develop methods to monitor western snowy plover survival rates within each recovery unit. Extensive color banding of adult plovers and their young in coastal Oregon, the shoreline of Monterey Bay, and coastal San Diego County has enabled survival rates of adults and young to be calculated for several years (see Population Status and Trends and Survival sections). These efforts should continue. Information on survival rates of birds from other recovery units can be derived from birds banded for monitoring reproductive success or estimating population size. 4.4 Conduct studies on western snowy plover habitat use and availability. 4.4.1 Identify western snowy plover brood habitat and map brood home ranges. Brood movements should be mapped and distances 199 quantified to identify how large an area must be protected for broods. Determine home ranges of western snowy plovers through radio telemetry studies. Traditionally used brood habitat should be identified and protected through actions 2 and 3. 4.4.2 Identify components of high -quality western snowy plover brood rearing habitat. The elements of high -quality brood habitat should be determined to facilitate creation and enhancement of suitable characteristics at other breeding locations. 4.4.3 Quantify wintering habitat needs of western snowy plovers along the Pacific coast. The amount of habitat needed to support wintering western snowy plovers along the Pacific coast should be determined. This effort should include estimating the numbers of western snowy plovers that can be supported at wintering locations listed in Appendix B and identifying important site characteristics. This action will require consideration of wintering habitat quality along the Pacific coast of the United States and Mexico, and quantifying the combined interior and coastal populations. 4.4.4 Identify any important migration stop -over areas used by migrating but not by breeding or wintering western snowy plovers. Additional information on western snowy plover migration patterns is needed because migration involves expenditure of energy that may affect survival or productivity. Although monitoring and protection of breeding and wintering locations are currently higher priorities than protection of migration sites, further investigations of, and protective measures for, migration sites should be undertaken when feasible. Threats and management needs of identified migration stop -over habitat should be evaluated and included in management monitoring, and protection tasks (see action 1.6). 200 4.5 Develop and implement a research program to determine causes of adult western snowy plover mortality, including investigation of possible causes, magnitude, and frequency of catastrophic mortality. Determine causes of mortality and the stage in the annual cycle (e.g., post - breeding, migration, winter, pre -breeding, breeding) at which mortality occurs for each sex and age class. This assessment can be done through intensive, bi-weekly monitoring to determine relative health and potential for disease. Monitoring could include fat content and weight related to the season. 4.6 Improve techniques for banding western snowy plovers. Improve the technique for banding birds to reduce injuries. Because western snowy plover injuries are usually associated with Federal metal bands but not with plastic bands, removal of U.S. Fish and Wildlife Service lettering from the inside of the metal band should be investigated. Eliminating use of the U.S. Fish and Wildlife Service metal band also should be considered. Experimentation with new techniques must be conducted cautiously and may need to include pre -testing on nonlisted surrogate species. 4.6.1 Compile information regarding number and types of banding injuries to western snowy plovers to determine extent and causes of banding injuries. Several banding injuries to western snowy plovers have been reported. However, there is currently no consistent reporting of injuries to determine the extent or types of injuries. Working groups should compile information on banding injuries to use in determining the type and extent of the problem and in developing a course of action. Information collected should include number of injuries, type of injury (abrasion, foot loss, broken leg, etc.), probable cause of injuries (foreign object lodged between band and leg, wearing of band, etc.), effect of injuries on behavior (breeding, foraging, predator avoidance), type of bands (plastic or metal) associated with injuries, whether metal bands had writing on the inside or other rough areas likely to cause abrasion or lodging of foreign object. 201 4.6.2 Review compiled information and determine and implement a appropriate course of action to minimize banding injuries. The information complied in step 4.6.1 should be reviewed to determine the appropriate course of action to minimize banding injuries. Review may reveal that banding injuries are rare or have little impact on breeding success or survival, in which case no changes to banding procedures may be necessary. However, extensive numbers of injuries or impacts on breeding success and survival may require actions such as changing the location of metal bands from the tarsus to tibiotarsus, discontinuing use of metal bands, or using different band types. All decisions regarding changes to banding procedures should consider effects of such changes to the type, quantity, and quality of data that may be gathered from banding efforts, and whether such changes will affect the ability to determine population trends, monitor success of management actions, or otherwise affect recovery efforts. For example, discontinuing use of metal bands may affect the ability to gather information on survival, longevity, and dispersal useful in analyzing population viability. 4.7 Identify effects of oil spills on western snowy plovers. Research should be conducted on the direct and indirect effects of oil spills on western snowy plovers, including, but not limited to: (1) how oil spills affect the plover's prey base; (2) chronic effects of oiling; (3) transmission of oil on partially -oiled birds from the breast to the egg; (4) at what stage oiled plovers need to be captured or re -captured; (5) preferable methods to remove oil from soiled birds; and (6) impacts to plovers during oil clean- up and remediation activities. 4.8 Monitor levels of environmental contaminants in western snowy plovers. When abandoned eggs and/or dead chicks that are not needed for law enforcement investigations become available, they should be collected for potential contaminants assessment. Egg removal and salvage of dead chicks should only be done by individuals possessing proper Federal and State authorizations. Chemical analysis of salvaged specimens should be 202 coordinated through our Division of Environmental Contaminants. All salvaged eggs should be analyzed for organochlorine pesticides, total polychlorinated biphenyls (PCB's), selenium, mercury, and boron. All sampling should be opportunistic, based on availability of eggs that are known to be abandoned. Eggs should never be removed from the beach as long as there is any realistic chance that they might hatch. In the case of unhatched eggs from a partially hatched clutch, eggs should not be collected until at least 36 hours after the known hatch date of the other eggs. Full clutches should not be collected unless it is known that 35 or more days have elapsed since the last egg was laid. When this opportunistic sampling of failed eggs indicates potential problems with contaminants, follow up studies should be carried out (see action 4.9). 4.9 Design and conduct contaminants studies if monitoring of contaminants in action 4.8 indicates potential contaminants effects. When opportunistic sampling of failed eggs (action 4.8) indicates potential problems with contaminants, additional studies should be carried out to evaluate the extent of contamination in western snowy plover diets, its effects on nest success and egg hatchability, and its effects on various life stages of snowy plovers (eggs vs. adults). Thresholds when management action is required should be identified. When the target threshold is exceeded research should be conducted to identify the source. 4.10 Identify, prioritize, and carry out needed investigations of the effects of human recreation on western snowy plovers. Many studies on the effects of recreational activities on western snowy plovers have already been conducted. To avoid duplicating previous or ongoing efforts, recovery unit working groups should evaluate and prioritize additional study needs to determine the effects of human recreation on western snowy plover. Western snowy plover should be monitored for effects from recreational activities such as off -road vehicle riding, horseback riding, walking, jogging, fishing, aircraft, ultralight aircraft, and kite - flying. 203 4.11 Revise the population viability analysis (Appendix D), if needed, when sufficient additional information on demographic characteristics (survival rates, reproductive success) is available from each recovery unit and information is obtained on the probability and magnitude of catastrophic mortality events. As new information on population numbers, survival rates, and reproductive success are acquired from monitoring (actions 1.1 and 1.2), monitoring techniques are improved (action 4.3), and mortality sources and rates of mortality are determined (action 4.5), the population viability analysis should be reviewed and revised if additional information differs significantly from that used to construct the original analysis. 5 Undertake public information and education programs. Expanded efforts are needed to increase public awareness of the needs of westem snowy plovers, other rare beach species, and the beach and dune ecosystem. Public outreach efforts should be a major focus of each of the working groups for the six recovery units. Appendix C, Table C-1 identifies 84 locations where public information and education is either currently occurring or is recommended to achieve management goals. 5.1 Develop and implement public information and education programs. Millions of beach recreationists come in contact with western snowy plover nesting and wintering areas each year. Disregard to signs, symbolic fencing, and leash laws by beach users can directly affect the productivity and health of western snowy plovers on those beaches. Public information and education efforts play a key role in obtaining compliance of beach recreationists with plover protection measures that, in turn, affect the birds' recovery. Central messages to the beach -going public include: (1) respect areas fenced or posted for protection of plovers and other rare beach species; (2) do not approach or linger near western snowy plovers or their nests; (3) if pets are permitted on beaches used by plovers, keep the pets leashed; (4) don't leave or bury trash or food scraps on beaches, as garbage attracts predators that may prey upon plover eggs or chicks; and (5) do not build wood structures that can be used as predator perches. 204 Because of the importance of information and education for the western snowy plover recovery effort, as part of this recovery plan, we developed an Information and Education Plan for the Western Snowy Plover, Pacific coast population (Appendix K). 5.2 Inform Federal, State, and local resource/regulatory agencies and local planning departments of threats to breeding and wintering western snowy plovers and their habitats. Periodic meetings and/or workshops should be held to inform Federal, State, and local resource management and regulatory agencies, and city and county planning departments about threats, research, and management needs for plovers. A network of public agency staff from each of the six recovery unit working groups should develop a coordinated approach to present this information to these agencies periodically, or as needed. 5.3 Develop and maintain updated information and education materials on western snowy plovers. Members of the six recovery unit working groups should develop new western snowy plover information and education materials for target audiences to stimulate public interest and awareness. In addition, all materials should be kept reasonably current regarding the status of the species and protection efforts. These materials should also explain the need for conservation of the beach and dune ecosystem and the plight of other rare beach -dwelling species. Videos detailing needed western snowy plover recovery actions by location and recovery unit should be developed, and might be efficiently produced in conjunction with updated public service advertisements. 5.4 Alert landowners and beach -goers about access restrictions within western snowy plover habitats. Land managers should begin providing informational and educational outreach at least 2 weeks prior to the onset of the nesting season to provide beach -goers and interested landowners with advance notice of impending restrictions on publicly - owned western snowy plover breeding habitats. This outreach is particularly important for the first year of restrictions. If necessary, 205 follow-up publicity that includes information on citations issued to violators should be implemented to help reinforce the message. 5.5 Provide trained personnel to facilitate protective measures, provide public education, and respond to emergency situations. Biologists, docents, volunteers, and other personnel should be trained to patrol western snowy plover nesting areas to monitor birds, distribute educational materials, respond to emergency situations, and ensure that beach -goers stay out of fenced areas and adhere to other plover protection measures. Biologists engaged in monitoring, management, or research activities should also advance the public's understanding of plover management needs. 5.6 Develop protocols for handling sick, displaced, injured, oiled, and dead birds or salvaged eggs. Land managers within each recovery unit should develop protocols for all trained personnel identifying who should be contacted when injured, dead, oiled, or displaced birds are found, and who is permitted to handle these birds. Federal and State salvage permits are necessary for the disposal of dead birds and the transportation of injured birds. Federal and State endangered species permits are necessary for wildlife rehabilitators to accept and care for injured and sick birds. Coordination with biologists that are monitoring and banding western snowy plovers is essential for capture and release of injured/rehabilitated birds. Live chicks that are found should not be moved or taken for rehabilitation as these chicks are often not abandoned, even though plover adults may not be obvious at the time the chicks are seen. Protocols should also be developed on how to collect and preserve salvaged eggs used for contaminants analysis. 5.7 Establish a distribution system and repository for information and education materials. Land managers must distribute information and education materials to target audiences. To reach the large population of potential beach -goers within a few hours' drive of many major metropolitan areas, broad -scale information and education mechanisms should be implemented, including distribution by mass media such as l: newspapers, radio and television announcements, and internet web sites. Land managers should also focus their information and education efforts on user groups at beach parking lot entry stations and kiosks, visitor centers, marinas, beach -front housing developments, equestrian and angler access points, and locations providing off -road vehicle permits. Public outreach efforts should be directed to groups within the geographical location of the managed beaches (e.g., to private and commercial equestrian users) and to groups outside of the area who use the beaches on a regular or seasonal basis (e.g., to off -road vehicle associations from out-of-state or inland locations). Land managers, with the help of docents and volunteers, should coordinate with local school teachers to develop and present environmental education lesson plans and participatory activities for elementary and middle school groups. We will act as a central repository for current and new information and education materials received; upon request, we will make these materials available to recovery unit working groups and the general public. We will also maintain information on western snowy plovers at our website (http://www.fws.gov/aeata). Major distributional efforts should also continue by Federal, State, and local agencies, and private conservation organizations. 5.8 Establish a reporting and distribution system for annual monitoring data and management techniques. Our Arcata Fish and Wildlife Office should coordinate and produce an annual report of submitted breeding and wintering monitoring data and distribute it to recovery unit working groups. This report should describe results of monitoring throughout the western snowy plover population's range. A distribution system should also be established for sharing information on predator management techniques, nest protection, etc. among working groups. 6 Review progress towards recovery and revise recovery efforts as appropriate. Communication, evaluation, and coordination play a major role in western snowy plover recovery efforts. Land managers within each of the six recovery unit working groups should review the effectiveness of their 207 management activities in coordination with other members of their working group, and revise management measures as appropriate. They should also provide results of annual population monitoring and the effectiveness of management activities to their working group and to our Arcata Fish and Wildlife Office. 6.1 Develop and implement a tracking process for the completion of recovery actions and the achievement of delisting criteria. A tracking process should be developed to track the completion of recovery actions and progress toward delisting. Utilizing information from specific actions, the recovery criteria such as the implementation of management activities can be tracked. Information from the tracking process can be used in outreach and in helping identify when the western snowy plover can be delisted. 6.2 Review progress toward recovery annually within each recovery unit working group and revise site -specific recovery efforts as appropriate to meet recovery goals. Communication, evaluation, and coordination play a major role in western snowy plover recovery efforts. Land managers within each of the six recovery unit working groups should review the effectiveness of their management activities in coordination with other members of their working group, and revise management measures as appropriate. They should also provide results of annual population monitoring and the effectiveness of management activities to their working group and to our Arcata Fish and Wildlife Office. Additionally, the working groups in conjunction with land managers should review success in meeting management goal breeding numbers recommended in Appendix B, and develop recommendations for any necessary revisions to those numbers based on site -specific conditions. Ongoing and needed management activities recommended in Appendix C also should be evaluated and revised according to site specific conditions. Revisions to management goals and management activities should be provided to our Arcata Fish and Wildlife Office. 6.3 Assess the applicability, value, and success of this recovery plan to the recovery of the western snowy plover every 5 years until the recovery criteria are achieved. Rather than revising the entire recovery plan, it is proposed that minor revisions, clarifications, and prioritization changes be made through an addendum, to be produced and distributed every 5 years. This addendum would address data gaps identified in this version of the recovery plan including recommended management prescriptions, specific habitat management recommendations, management goal breeding numbers, directed surveys; and necessary changes discussed in previous recovery actions. It would provide a summary of the recovery actions implemented to date, and it would be a forum to solicit comments from the Recovery Team, stakeholders, and others interested parties on anyproposed major changes. Major changes, elimination, or addition of recovery actions may initiate a revision. 6.4 Prepare a delisting package for the Pacific coast population of the western snowy plover. If actions 6.1 through 6.3 indicate recovery criteria have been met, actions to ameliorate or eliminate threats have been implemented and determined to be effective, and analyses of threats demonstrate that threats identified during and since the listing process have been ameliorated or eliminated, prepare a delisting package. 6.5 Prepare and implement a post-delisting monitoring plan. If delisting is warranted, prepare a post-delisting monitoring plan. Section 4 of the Endangered Species Act requires, in cooperation with the States, monitoring for a minimum of five years all species that have been recovered (i.e., delisted). 7 Dedicate sufficient U.S. Fish and Wildlife Service staff for coordination of western snowy plover recovery implementation. Our Arcata Fish and Wildlife Office holds lead responsibility for coordinating implementation of western snowy plover recovery. We should assure that the Arcata Fish and Wildlife Office has sufficient staff to handle the primary responsibility of implementing the western snowy plover recovery plan. Duties should include 209 coordination and distribution of monitoring information and educational materials; transmission of copies of annual population monitoring results to our field offices that are responsible for westem snowy plover issues; compilation and distribution of annual population status updates to all working groups; coordination with our other field offices in CNO and Region 1 regarding western snowy plover conservation actions, consultations, habitat conservation plans, and permits; facilitating coordination among the working groups created for the six recovery units; and fund raising to support recovery implementation actions. 8 Establish an international conservation program with the government of Mexico to protect western snowy plovers and their breeding and wintering locations in Mexico. Meeting the recovery goals outlined in this recovery plan is dependent only on actions recommended for implementation along the Pacific coast of the United States. However, other actions are identified for Mexico to complement conservation efforts in the United States. Efforts should be made to establish an international conservation program between the U.S. Fish and Wildlife Service and Mexico's National Institute of Ecology, Ministry of Environment, Natural Resources and Fisheries. Programs to facilitate implementation of this conservation program should include Partners in Flight, North American Waterfowl Management Plan, and the Borderlands Initiative. 8.1 Develop a joint effort between the United States and Mexico to protect western snowy plover populations and their habitat. Joint efforts should be implemented to determine important habitat in Mexico and protect these breeding and wintering locations from human disturbance. 8.2 Encourage research and monitoring of breeding and wintering western snowy plovers in Baja California, Mexico, by universities and authorities of Mexico. Joint efforts should be made to develop and implement a long-term monitoring program for western snowy plover populations of Mexico. They should include developing methods for consistent monitoring, coordination of banding and color -marking with 210 banders from the United States, assessment of the population status of breeding and wintering birds, and assessment of environmental impacts that may adversely affect plover populations. 8.3 Encourage development and implementation of public information and conservation education in Mexico for western snowy plovers. Public information and educational efforts should be coordinated and implemented by the United States and Mexico. They should include development of bilingual pamphlets for distribution to anglers, tourists, and local communities, and construction and placement of bilingual signs alerting them of the presence of nesting western snowy plovers. 9 Coordinate with other survey, assessment, and recovery efforts for the western snowy plover throughout North America. Western snowy plovers range through much of North America, and many individuals of the Pacific Coast population of western snowy plovers may overy inter in areas that overlap with other populations. Participation and coordination with other groups working on survey, assessment, and recovery efforts may yield valuable information on the distribution, status, and management needs for the Pacific Coast population of the western snowyplover. This coordination effort should be included in establishment of an international conservation program with Mexico. 211 212 IV. IMPLEMENTATION SCHEDULE The following Implementation Schedule outlines actions needed, responsible parties, and estimated costs to recover the United States portion of the Pacific coast population of the western snowy plover. Considering the recovery criteria, results of the population viability analysis (Appendix D), and fulfillment of the recommendations contained in the recovery plan, recovery of the western snowy plover could occur in approximately 40 years. This time estimate assumes dedicated, proactive efforts toward improvements in western snowy plover management in the near -term, and subsequent management at a maintenance level commensurate with fulfillment of the recovery criteria. The total cost of implementing actions outlined in this recovery plan over 40 years is $149,946,000. However, this figure represents only a portion of the overall costs because the cost of many actions cannot be estimated at this time. For example, costs associated with intensive protection and management on Federal and State lands (Action 3.3) should be determined by members of each of the six recovery unit working groups because they are most familiar with their site -specific needs and constraints. Costs of many actions were estimated based on current management recommendations provided in Appendix C. However, coastal ecosystems are dynamic and necessary management actions may vary with time, as site conditions change. Improvements over time in methods for predator control, control of nonnative vegetation, and monitoring are also expected and may affect actual costs. It should be recognized that expenditure of funds for recovery of the western snowy plover will provide far-reaching benefits beyond those gained for a single species. Allocation of these funds will also benefit many other sensitive fish and wildlife species, the coastal beach -dune ecosystem, public appreciation for natural habitats, and aesthetics. These estimated costs do not reflect a cost/benefit analysis that incorporates other values or economic effects with implementation of the recommendations contained in this recovery plan. We believe that protection and management costs could be substantially reduced by selecting protection strategies that are more restrictive of other beach uses. 213 While we believe that it is neither feasible nor desirable to completely eliminate beach recreation in most western snowy plover habitat, we also recognize that management strategies that protect western snowy plovers on beaches where public use is also maintained require a continuing commitment of person -power, and are inherently expensive. The Implementation Schedule lists and ranks actions that should be undertaken within the next 5 years. This schedule will be reviewed routinely until the recovery objective is met, and priorities and actions will be subject to revision. 214 Key to Acronyms used in the Implementation Schedule Definition of action priorities: Priority 1 - An action that must be taken to prevent extinction or prevent the species from declining irreversibly in the foreseeable future. Priority 2 - An action that must be taken to prevent a significant decline in species population or habitat quality, or some other significant negative impact short of extinction. Priority 3 - All other actions necessary to provide for full recovery of the species. Definition of action durations and costs: Annual - An action that will be implemented each year. Continual - An action that will be implemented on a routine basis once begun. Ongoing - An action that is currently being implemented and will continue until action is no longer necessary. As needed - An action that will be implemented on an "as needed" basis. Unknown - Either action duration or associated costs are not known at this time. To Be Determined (TBD) - Costs to be determined at a later date. 215 Responsible parties*: ARMY U.S. Army BLM U.S. Bureau of Land Management CCC California State Coastal Commission CDFG California Department of Fish and Game CDPR California Department of Parks and Recreation CE U.S. Army Corps of Engineers CI Cities CO Counties CON California Coastal Conservancy EBRPD East Bay Regional Park District ES U.S. Fish and Wildlife Service, Division of Ecological Services (includes Endangered Species and Contaminants) FAA U.S. Department of Transportation, Federal Aviation Administration HARD Hayward Area Recreation and Park District IA U.S. Fish and Wildlife Service, Office of International Affairs LE U.S. Fish and Wildlife Service, Division of Law Enforcement LMAO Land Management Agencies and Organizations and other Cooperators. (This category includes Federal and local land management agencies listed above, private organizations and individuals that own and manage snowy plover breeding and wintering habitat, and private conservation groups that provide on -site protection of lands owned by others.) MPOSD Mid -Peninsula Open Space District MPRPD Monterey Peninsula Regional Park District NASA National Aeronautics and Space Administration -Ames Research Center NAVY U.S. Navy NMFS National Marine Fisheries Service NPS National Park Service ODFW Oregon Department of Fish and Wildlife ODLCD Oregon Department of Land Conservation and Development OPRD Oregon Parks and Recreation Department 216 P Private landowners (except HARD, MPOSD, and TNC) PA U.S. Fish and Wildlife Service, Public Affairs PGH Port of Grays Harbor PO Port of Oakland PRBO Point Reyes Bird Observatory Conservation Science PSL Port of San Luis Harbor District RSCH Research institutions and agencies RW U.S. Fish and Wildlife Service, Division of Refuges and Wildlife (includes Realty) SDRPJPA San Dieguito River Park Joint Powers Authority TNC The Nature Conservancy TPL Trust for Public Land USAF U.S. Air Force USCG U.S. Coast Guard USFS U.S. Forest Service USFWS U.S. Fish and Wildlife Service BBL U.S. Geological Survey, Bird Banding Laboratory BRD U.S. Geological Survey, Biological Resources Division USMC U.S. Marine Corps WDFW Washington Department of Fish and Wildlife WDNR Washington Department of Natural Resources WS U.S. Department of Agriculture, Wildlife Services Branch WSPRC Washington State Parks and Recreation Commission * All responsible parties listed for actions in Implementation Schedule are considered lead agencies for those actions. 217 N 00 IMPLEMENTATION SCHEDULE Western Snowy Plover Pacific Coast Population Recovery Plan Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 1 Annually monitor 1.1 annual LMAO, CO, Cl, 2,194 54.9 54.9 54.9 54.9 54.9 Assumes 157 window survey days, abundance, population RSCH with 2 biologists perlocation at. size and distribution at Action needed to determine breeding and wintering fulfillment ofrecovery criteria. locations. 1 Develop and implement a 1.2 annual LMAO, CO, Cl. TBD Action needed to determine program to monitor RSCH fulfillment ofrecovery criteria. productivity and annual Depends partly on completion of survival. 4.3.2 and 4.3.3. 1 Develop and implement a 1.3 annual LMAO, RSCH 1,125 60 27 27 27 27 Assumes initial cost for program to monitor development of standardized habitat condition and monitoring program and subsequent threats at all breeding and monitoring for 155 sites. wintering sites. 3 Develop and implement 1.4 continual ES, LMAO, 363.5 32 8.5 8.5 8.5 8.5 Assumes initial cost to develop training and certification RSCH program and subsequent programs for ,western implementation. snowy plover survey coordinators and observers. Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Improve submittal 1.5 continual ES, LMAO, BBL, 346 32 8 8 8 8 Assumes initial cost to develop system for monitoring PRBO submittal and reporting system and data to ensure consistnt subsequent annual review. reporting. 3 Assess and evaluate new 1.6 continual ES, LMAO, TBD Depends on results of annual breeding wintering and PRBO surveys and monitoring. migration areas for threats and management needs and update lists as data become available. 3 Coordinate monitoring of 1.7 annual ES, RW, NAVY, 1,020 25.5 25.5 25.5 25.5 25.5 Coordinate at biannual pre- and snowy plovers and USMC, USAF, post -season Califomia least tern California least terns to CDFG, CDPR, monitoring meeting. Assumes 2 minimize disturbances. WS, BRD meetings at 2 days per meeting with 9 agency staff attending. 3 Develop a post-delisting 1.8 TBD ES, LMAO, CO, TBD monitoring plan. CI, RSCH N N O Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 1 Develop a prioritized list 2.1.1 2 yrs ES, LMAO, 59.65 59.65 Assumes time to evaluate sites and of wintering and CO, CI, RSCH development of the prioritized list. breeding sites where natural coastal processes need protection and/or enhancement. 1 Identify and implement 2.1.2 continual ES, LMAO, TBD Incorporate into ongoing mechanisms to protect, CO, Cl, RSCH managementin action 3. Costs will enhance or restore depend on mechanisms identified natural coastal processes. and carried out. 1 Develop and implement 2.2.1.1 continual CE, LMAO, CO, TBD App C identifies 86 sites. Costs prioritized removal and Cl range for mechanical, manual and/or control for introduced chemical control: $1,000 to beachgrass and other $87,000/hectare ($400 to $35,000 non-native vegetation. per acre). 2 Replace exotic dune 2.2.1.2 continual CE, LMAO, CO, TBD Estimated cost of planting native plants with native dune CI vegetation: $30,000 per hectare vegetation where it is ($12,000 per acre). Number of sites likely to improve habitat. to be determined. N N Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Evaluate breeding and 2.2.2.1 2 yrs CE, ES, LMAO, 110 55 55 Assumes cost to evaluate each site. wintering sites to CO, CI determine whether dredged materials may be used to enhance or create nesting habitat. 3 Develop and implement 2.2.2.2 ongoing CE, ES, LMAO, TBD Costs will depend on completion of plans to use dredged CO, CI acts on 2.2.2.1. materials may be used to enhance or create nesting habitat. 3 Identify sites where 2.2.3.1 2yrs CE, ES, LMAO, 110 55 55 Assumes cost to evaluate each site. beach nourishment may CO, CI be effective in creating and enhancing habitat. 3 Develop and implement 2.2.3.2 ongoing CE, ES, LMAO, TBD Cost dependent on number of sites beach nourishment plans CO, CI identified in 2.2.3.1 and outcome of for site identified in 4.1.1. action 2.2.3.1. N N N Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 1 Create, manage, and 2.2.4 ongoing ES, RW, CE, TBD App C identifies 15 sites. Costs enhance coastal ponds CDFG, NASA, dependent on type and area of and playas for breeding HARD, LMAO restoration. habitat. 1 Seasonally close areas 2.3.1.1.1 annual LMAO, CO, 559.2 13.98 13.98 13.98 13.98 13.98 App C identifies 81 sites. Assumes used by breeding snowy CON, CI cost to close these sites. plovers. 1 Fence areas usedby 2.3.1.1.2 annual LMAO, CO, 14,840 371 371 371 371 371 App C identifies 64 sites. Cost breeding snowy plovers CON, CI assumes 1 kilometer fencing required per site at a cost of $5,900 per kilometer. 1 Post signs in areas used 2.3.1.1.3 annual LMAO, CO, 202 5 5 5 5 5 App C identifies 65 sites. Cost by breeding snowy CON, CI dependent on number of signs plovers needed at each site, but assumes cost for installation and a minimum of 4 signs at $20 per sign. 1 Evaluate effects of 2.3.1.2.1 1 year LMAO, CO, Cl 455 455 Appendix C identifies 81 sites. existing and planned Assumes cost to conduct use survey access at all breeding and for the identified sites. wintering locations and any new locations identified. 1 Develop and implement 2.3.1.2.2 continual LMAO, CO, Cl TBD Costs depend on outcome of plans to minimize 2.3.1.2.1. adverse access effects. N N W Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Implement and enforce 2.3.2 continual LMAO, CO, CI 39,406 985 985 985 985 985 Appendix C identifies 120 sites pet restrictions. Assumes staff time to implement and enforce restrictions at the identified sites. I Annually review 2.3.3 annual LMAO, CO, Cl 21,948 549 549 549 549 549 Assumes staff cost to develop and recreational activities and implement plans at each site develop and implement annually. plans to prevent disturbance from disruptive recreational activities at breeding and wintering sites 3 Prevent driftwood 2.3.4 continual LMAO, CO, Cl 1,805 50 45 45 45 45 Appendix C identifies 26 sites. Cost removal through posting dependent on number of signs of signs needed at each site, but assumes cost for installation and a minimum of 4 signs at $20 per sign. 1 Prevent disturbance, 2.3.5 continual LMAO, CO, Cl 18,760 469 469 469 469 469 Appendix C identifies 101 sites. mortality, and habitat Assumes staff time formonitoring degradation by on weekends. prohibiting or restricting off -road vehicles and beach -raking machines. 3 Implement restrictions on 2.3.6 annual LMAO, CO, CI 1,033.7 25.8 25.8 25.8 25.8 25.8 Appendix C identifies 72 sites. horseback riding through Assumes staff time to implement annual coordination. restrictions. N N Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Implement and enforce 2.3.7 annual LMAO, CO, Cl 255 6.3 6.3 6.3 6.3 6.3 Appendix C identifies 18 sites. restrictions on livestock Assumes staff time to implement through annual restrictions. coordination. 1 Determine enforcement 2.3.8.1 continual LE, LMAO, TBD Cost will depend on identified needs and provide CO, Cl enforcement needs. sufficient wardens, agents or officers to enforce protective measures in breeding and wintering habitat. 3 Develop and implement 2.3.8.2 continual LE, LMAO, CO, 320 8 8 8 8 8 Annual training cost estimate $8,000 training programs for Cl per year. enforcement personnel to improve enforcement of regulations and minimize effects of enforcement. 2 Develop and implement a 2.3.9 annual LMAO, CO, 339.8 8.5 8.5 8.5 8.5 8.5 Assumes staff costs per recovery program to annually Cl, FAA, LE unit to compile list and notify coordinate with local aircraft operations and facilities. airports, aircraft operations regarding minimum altitude requirementss. 3 Implement and enforce 2.4.1.1 annual LMAO, CO, CI TBD Incorporate into ongoing anti -littering regulations. management and Action 3. N N Ch Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Evaluate the effects of 2.4.1.2 2 yrs LMAO, CO, Cl 110 55 55 Assumes evaluation time per site. current litter and garbage management on predation at breeding and wintering sites. 3 Develop and implement 2.4.1.3 continual LMAO, CO, Cl TBD Costs will depend on 2.4.1.2 and garbage and litter plans developed. management plans where litter and garbage contribute to predation. 3 Annually identify and 2.4.2 continual LMAO, CO, CI 375.2 9.4 9.4 9.4 9.4 9.4 Assumes staff time to complete remove predator perches action each year. and unnatural habitats attractive to predators. 1 Erect predator exclosures 2.4.3 annual LMAO, CO, Cl 18,266 456 456 456 456 456 App C identifies 53 sites. Assumes to reduce egg predation cost per unit installation. and improve productivity. 1 Evaluate the need for 2.4.4 as LMAO, CO, CI, TBD App, C identifies 61 sites for predator removal and needed WS, CDFG additional predator control Costs implement where dependent on assessment of needs warranted and feasible. and feas ability. 3 Remove bird and 2.4.5 as LMAO, CO, Cl TBD mammal carcasses in needed nesting areas. N N Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 1 U.S. Fish and Wildlife 2.5.1 annual ES 5,154 128.9 128.9 128.9 128.9 128.9 Assumes staff time from the six ES Service biologists should office responsible for coastlines of participate in Area CA, OR, and WA. Committees responsible for maintaining the Area Contingency Plans for the Pacific Coast to facilitate the updating of spill response plans to include protection of western snowy plovers. 1 Assign monitors to 2.5.2 as ES, USCG, 1,984 49.6 49.6 49.6 49.6 49.6 Assumes cost of two weeks of beaches that are needed LMAO, CO, Cl monitoring for five incidents per inhabited by western year. snowy plovers to protect western snowyplovers from injury during spill responses. 2 Compensate the loss of 2.6 ongoing ES, RW, TBD Costs dependent on effectiveness of plover breeding and CE, LMAO minimizing habitat loss. wintering habitat associated with recovery efforts for other sensitive species. 3 Investigate feasibility and 2.7.1 5 yrs ES, NMFS, 320 64 64 64 64 64 Assumes staff time to investigate. methods for discouraging NAVY, LMAO pinniped use of nesting areas. N N J Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Identify areas where 2.7.2 TBD ES, NMFS, TBD Costs dependent on number of sites pinniped use is NAVY, LMAO identified and methods determined negatively affecting in 2.7.1. nesting and implement any appropriate methods. 1 Establish and maintain 3.1 continual ES, LMAO, 3,650 96 96 91 91 91 Essential mechanism to advance snowy plover working CO, C I, P plover recovery. Includes biannual groups for each ofthe six meeting costs and staff costs to recovery units. establish new working groups. 2 Develop and implement 3.2 1 yr for ES, LMAO 193 193 Assumes staff cost to develop and regional participation develop- implement participation plans. plans for each of the six ment, recovery units. continual thereafter 3 Develop and implement 3.3.1 ongoing RW, ARMY, TBD Implementation cost dependent on management plans for BLM, CE, content of plans developed. Federal lands. NASA, NAVY, NPS, USAF, USMC, USFS tJ tJ 00 Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Develop and implement 3.3.2 5 years CDFG, CDPR, 966 193 193 193 193 193 Assumes cost for each recovery unit managementplans and ODFW, OPRD, to assist in development. Habitat Conservation WDFW, WDNR, Implementation cost to be Plans on State wildlife WSPRC determined. areas, State ecological reserves, and State beaches. 3 Develop and implement 3.4 5 years ES, LMAO, CO, 966 193 193 193 193 193 Assumes cost for each recovery unit Habitat Conservation CI, P, EBRPD, to assist in development. Plans or other HARD, MPOSD, Implementation cost to be management plans for MPRPD, PGH, determined. sites owned by local PO, SL, TNC, governments or private SDRPJPA landowners. 2 Provide technical 3.5 10 years ES, CCC, CDFG, TBD Estimated at 2 workshops per assistance to local CDPR, CON, recovery unit at a cost of $ governments in ODFW, ODLCD, developing and OPRD, WDNR, (Patty Carol in RO) implementing local land WDFW, WSPRC, use protection measures CO, CI through periodic workshops. N N Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Develop and implement 3.6 continual ES, CCC, TBD Costs may vary from year to year cooperative programs ODLCD, ODFW, based on identified program needs. and partnerships with the OPRD, CDPR, California State Coastal WSPRC Commission, the Oregon Department of land Conservation and Development, the Washington State Parks and Recreation Commission, the Oregon Parks and Recreation Department, the California Department of Parks and Recreation, and the Oregon Department of Fish and Wildlife. 3 Obtain long-term 3.7 12 years ES, CDFG, P 2,319 193 193 193 193 193 Assumes staff time to facilitate 6 agreements with private CDPR, ODFW, agreements per year per recovery landowners. WDFW, WSPRC, unit. Appendix C identifies 72 sites. LMAO 3 Identify and protect 3.8 ongoing CON, ES, RW, TBD habitat available for LMAO acquisition. N w 0 Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Ensure that any section 3.9 ongoing ES, 1,288 32'32 32 32 32 32 Assumes staff time for annual 10(a)(1)(B) and section Federal agencies evaluation. 7(a)(2) permits contribute to Pacific coast western snowy plover conservation. 3 Ensure that section 7 3.10 ongoing ES, 1,288 32'32 32 32 32 32 Assumes staff time for annual consultations contribute Federal agencies evaluation. to Pacific coast western snowy plover conservation. 2 Evaluate effectiveness of 4.1.1 continual CON, ES, TBD Depends on the number and location habitat restoration by LMAO, RSCH of sites as well as the temporal removal of introduced duration of the restoration project. beachgrass and identify additional studies necessary. 3 Evaluate the impacts and 4.1.2 ongoing ES, LMAO, TBD potential benefits of past RSCH, CE, Cl, and ongoing beach CO nourishment activities and identify and carry out any additional studies necessary. 2 Develop higher- 4.2.1 ongoing ES, LMAO, 20 10 5 3 2 0 Compare new exclosures with efficiency nest RSCH current ones to determine effects on enclosures. snowy plovers. N W Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 2 Develop California least 4.2.2 as ES, USMC, TBD Costs specific to sites with tern enclosures that needed CDFG, CDPR, California leasttern enclosures. prevent harm to snowy LMAO, RSCH Estimated cost for materials plovers. (fencing/posts): $7per linear foot ($23 per meter). 3 Identify, prioritim and 4.2.3 as ES, RW, TBD Cost dependent on number and carry out investigations needed LMAO, WS, types of studies identified. on control of predators. CDFG, RSCH, CO, CI, P 3 Investigate predator 4.2.4 as ES, RW, LMAO, TBD Costs dependent on number and management at the needed WS, RSCH, CO, types of studies identified. landscape level. CI, P 3 Investigate tedmiques for 4.2.5 continual LMAO, RSCH TBD identifying nest predators. 2 Improve methods of 4.3.1 ongoing ES, LMAO, TBD Dependent on costs of intensive monitoring population RSCH monitoring of some sites. size. 2 Develop sampling 4.3.2 2 years ES, RSCH 64 64 Assumes time to compile and review methods for annually data and develop methodology. estimating reproductive success. 3 Develop methods to 4.3.3 ongoing ES, LMAO, TBD monitor plover survival RSCH rates. N W N Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Identify brood habitat 4.4.1 ongoing ES, LMAO, TBD Costs dependent on study design. and map brood home continual RSCH, CO, Cl, P May include radio telemetry. ranges. 3 Identify components of 4.4.2 1 year ES, LMAO, 131 131 Assumes study at 6 geographically high -quality brood RSCH, CO, Cl, P representative sites for duration of rearing habitat breeding season. 3 Quantify wintering 4.4.3 5 years ES, RSCH, BRD, 75 75 Assumes study at 6 geographically habitat needs along the PRBO representative sites during winter Pacific coast. months. 3 Identify important 4.4.4 ongoing ES, LMAO TBD migration stop -over habitat. 3 Develop and implement a 4.5 ongoing LMAO, RSCH TBD Costs dependent on study design. research programto determine causes of adult mortali ty. 3 Compile information 4.6.1 1 year ES, RSCH, 32 32 Assumes staff time to develop, regarding number and PRBO, BRD, distribute and compile information types of banding injuries BBL requests. to plovers. 3 Review compiled 4.6.2 1 year ES, RSCH, 32 Assumes staff time to review information (see 4.6.1) PRBO, BRD, compiled information, distribution and determine and BBL and coordination with other implement an appropriate responsible parties. course of action. N w w Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Identify effects of oil 4.7 as ES, RSCH, TBD Typical range of cost for study is spills on snowy plovers. needed BRD, LMAO estimated bet -,wen $25,000 - $100,000. 3 Monitor levels of 4.8 as ES, RSCH, TBD Depends on number and type of environmental needed BRD, LMAO samples. Cost estimate $700 per contaminants in snowy sample, but may vary depending on plovers. type of contaminant. 3 Design and conduct 4.9 as LMAO, ES, TBD Depends on number of sites and contaminants studies if needed RSCH, BRD samples analyzed. Cost estimates for monitoring of studies range from $25,000 to contaminants in action $50,000 per site. 4.8 indicates potential contaminants effects. 3 Identify, prioritize and 4.10 ongoing LMAO, ES, TBD Costs dependent on research needs carry out studies on the RSCH, PRBO, identified. effects of human BRD recreation on western snowy plovers. 3 Revise the population 4.11 1 year ES, RSCH, 25 Assumes cost to conduct modeling. viability analysis when PRBO, BRD sufficient additional information is available 2 Develop and implement 5.1 ongoing ES, PA, TBD TBD TBD TBD TBD TBD Depends on individual recovery unit public information and LMAO strategies. See Appendix K education programs. (Information & Education Plan) for estimates of component expenses. N w Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Inform Federal, State and 5.2 continual ES, LMAO, TBD local planning agencies CCC, CDFG, and local planning CDPR, ODFW, departments of threats to ODLCD, OPRD, breeding and wintering WDFW, WDNR, snowy plovers and their WSPRC, CO/CI habitats. 3 Develop and maintain 5.3 ongoing ES, PA, LMAO, TBD Incorporate into ongoing updated information and CO, CI management and Action 3.1 through education materials on 3.10. See Appendix K snowy plovers. 3 Alert landowners and 5.4 ongoing ES, TBD Incorporate into ongoing beach -goers about access PA, management and Action 3.1 through restrictions within snowy LMAO, 3.10. See Appendix K plover habitats. CO, CI 3 Provide trained personnel 5.5 continual LMAO, CO, CI TBD Need to secure funds for volunteer to facilitate protective coordinator and staff to train measures, provide public volunteers. Incorporate into Action education, and respond to 3.1 through 3.10. See Appendix K. emergency situations. 3 Develop protocols for 5.6 1 with LMAO, 32.2 32.2 Assumes staff time to develop handling sick, displaced, periodic CO, CI protocol. injured, oiled, and dead review birds or salvaged eggs. N w Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Establish a distribution 5.7 continual ES, LMAO, TBD Incorporate into ongoing system and repository for CO, CI management and Action 3.1 through information and 3.10 and 7. See Appendix K. education materials. 3 Establish a reporting and 5.8 annual ES 644 16 16 16 16 16 Assumes time spent collecting and distribution system for compiling data. annual monitoring data. 2 Develop and implement a 6.1 continual ES, RW, ARMY, 688 64 16 16 16 16 Assumes staff time to develop and tracking process for the BLM, CE, implement tracking process. completion of recovery NASA, NAVY, actions and the NPS, USAF, achievement of delisting USFS, USMC, criteria. CDFG, CDPR, ODFW, OPRD, WDFW, WDNR, WSPRC, LMAO 3 Review progress toward 6.2 annual ES, LMAO 566 14 14 14 14 14 Assumes staff time to compile and recovery annually. review data. 3 Assess the applicability, 6.3 every 5 258 32.2 Assumes staff time to review every value and success of this years 5 years. plan to the recovery of the western snowy plover every 5 years. 3 Prepare a delisting 6.4 6 months ES 64 64 Assumes staff time to prepare package for the Pacific delisting package. coast population of the western snowyplover. Cost Estimate (in $1,000 units) Priority Action Action Action Responsible Total No. Description Number Duration Parties Costs FYI FY2 FY3 FY4 FY5 Comments/Notes 3 Prepare and implement a 6.5 6 months ES 64 64 Assumes staff time to prepare and post-delisting monitoring implement post-delisting monitoring plan. plan. 1 Dedicate sufficient U.S. 7 continual ES 5,152 128.8 128.8 128.8 128.8 128.8 Assumes staff time to coordinate Fish and Wildlife Service recovery implementation staff for coordination of western snowy plover recovery implementation. 3 Develop a joint United 8.1 continual ES, IA TBD States and Mexico effort to protect snowy plover populations and their habitat. 3 Encourage research and 8.2 continual ES, IA, RSCH, TBD monitoring of breeding BRD and wintering snowy plovers in Baja California, Mexico by universities and authorities of Mexico. 3 Encourage development 8.3 continual ES, IA, PA TBD and implementation of public information and conservation education in Mexico. 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Dorsey. 1985. Snowy plover use of Coos Bay north spit, Oregon. Murrelet 66(3):75-81. Wilson -Jacobs, R., and E.C. Meslow. 1984. Distribution, abundance, and nesting characteristics of snowy plovers on the Oregon coast. Northwest Science 58(1):40-48. 265 Woolington, M.C. 1985. A preliminary investigation of the effect of recreational use on nesting snowy plovers at Sutton and Siltcoos beach areas, Oregon. Oregon Department of Fish and Wildlife Nongame program. 37 pp. B. Personal Communications Albertson, J. 2005. Don Edwards - San Francisco Bay National Wildlife Refuge, U.S. Fish and Wildlife Service, Newark, CA. Applegate, T. 1996, 1999. Bioresources, Los Osos, CA. Baye, P. 1997. Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, Sacramento, CA. Burns, C. U.S. Forest Service, Siuslaw National Forest, Mapleton Ranger District, Florence, OR. Dorsey, G. 1997. U.S. Army Corps of Engineers, Portland, OR. Fernandez, E. 1998. Don Edwards -San Francisco Bay National Wildlife Refuge, U.S. Fish and Wildlife Service, Newark, CA. George, D. 1998. Point Reyes Bird Observatory, Stinson Beach, CA. Grettenberger, J. 2004. Western Washington Fish and Wildlife Office, U.S. Fish and Wildlife Service, Lacey, WA. Heaney, J. 2003. Bureau of Land Management, Coos Bay District, North Bend, OR. June 27, 2003. Hecht, A. 1996. U.S. Fish and Wildlife Service, Hadbury, MA. Klinger, R. 1998. The Nature Conservancy, Santa Barbara, CA. 266 Kolar, M. 2004. Manager, San Francisco Bay National Wildlife Refuge Complex, U.S. Fish and Wildlife Service, Newark, CA. Mangan, L. 2003. Bureau of Land Management, Coos Bay District, North Bend, OR. Neuman, K. 1997. California Department of Parks and Recreation, Monterey, CA. Page, G. 1997, 1998. Point Reyes Bird Observatory, Stinson Beach, CA. Palermo, K. 1998. U.S. Forest Service, Oregon Dunes National Recreation Area, Siuslaw National Forest, Reedsport, OR. Pearson, D. 1996. Southern California Edison, Rosemead, CA. Pickart, A. 1997. The Nature Conservancy, Arcata, CA. Powell, A.N. 1998. U.S. Geological Survey, Biological Resources Division, Fayetteville, AR. Read, N. 1998. U.S. Department of the Air Force, Vandenberg Air Force Base, California. Sandoval, C. 2005. University of California, Santa Barbara, CA. Stadtlander, D. 1999. Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, Carlsbad, CA. Richardson, S. 1998. Washington Department of Fish and Wildlife, Olympia, WA. Stern, M. 1999. The Nature Conservancy, Oregon Natural Heritage Program, Portland, OR. VanderHeyden, M. Bureau of Land Management, Coos Bay District, North Bend, OR. Vissman, S. 2007. U.S. Fish and Wildlife Service, Carlsbad, CA. 267 Walton, B. 1998. Predatory Bird Research Group, University of California at Santa Cruz, Santa Cruz, CA. Watkins, J. 2001, 2006. Arcata Fish and Wildlife Office, U.S. Fish and Wildlife Service, Arcata, California. C. In Litt. References Albertson, J. 1999. Don Edwards -San Francisco Bay National Wildlife Refuge, U.S. Fish and Wildlife Service, Newark, California. Electronic message to U.S. Fish and Wildlife Service, Sacramento, CA, on working draft of the Western Snowy Plover Recovery Plan. 4 pp. Allen, S. 2004. Point Reyes National Seashore, Point Reyes, CA. Electronic message to Valary Bloom, U.S. Fish and Wildlife Service, Sacramento, CA, providing comments on the Western Snowy Plover Draft Recovery Plan. 3 pp. Bloom, V. 2005. U.S. Fish and Wildlife Service, Sacramento, CA. Electronic message to Cay Goude, U.S. Fish and Wildlife Service, Sacramento, CA, regarding snowy plover management in San Francisco Bay. 1 p. Buffa, J. 2004. Don Edwards -San Francisco Bay National Wildlife Refuge, U.S. Fish and Wildlife Service, Newark, California. Electronic message to Valary Bloom, U.S. Fish and Wildlife Service, Sacramento, CA, providing comments on the Western Snowy Plover Draft Recovery Plan. 4 pp. Copper, E., and B. Foster. 2001. Letter to U.S. Fish and Wildlife Service, Sacramento, CA, providing comments and additional information on the Western Snowy Plover Pacific Coast Population Draft Recovery Plan. Didion, J. 1999. California Department of Parks and Recreation, Sacramento, CA. Letter to U.S. Fish and Wildlife Service, Sacramento, CA, on working draft of the Western Snowy Plover Recovery Plan. 6 pp. NM Dixon, D. 1998. California Department of Parks and Recreation, Monterey, CA. Information provided to U.S. Fish and Wildlife Service, Sacramento, CA, regarding European beachgrass control and snowy plover guardian program. 5 PP. Dyste, R. 2004. Comprehensive Planning Division, County of Santa Barbara, Santa Barbara, CA. Electronic message to Valary Bloom, U.S. Fish and Wildlife Service, Sacramento, CA, providing comments on the Western Snowy Plover Draft Recovery Plan. 3 pp. George, D. 2001. Letter to U.S. Fish and Wildlife Service, Sacramento, CA, on working draft of the Western Snowy Plover Recovery Plan. 1 pp.+ attachment. Goldsmith, G. 2004. U.S. Fish and Wildlife Service, Arcata, CA. Electronic message to Jim Watkins, U.S. Fish and Wildlife Service, Arcata, CA. Henry, S. 1998. U.S. Fish and Wildlife Service, Ventura, CA. Electronic message to U.S. Fish and Wildlife Service, Sacramento, CA. 2 pp. Jensen, M. 2006a. U.S. Fish and Wildlife Service, Lacey, WA. Table of window survey data. 1 p. Jensen, M. 2006b. U.S. Fish and Wildlife Service, Lacey, WA. Electronic message to Grant Canterbury, U.S. Fish and Wildlife Service, Portland OR. 1 p. Kelly, L. 2005. U.S. Fish and Wildlife Service, Newport, OR. Comparison of the 2005 winter and 2005 summer Snowy Plover surveys of the Oregon/Washington coast. (Recovery Unit 1). 2 pp. Long, M. 2006. U.S. Fish and Wildlife Service, Arcata, CA. Botulism antitoxin treatment for federally threatened Pacific coast population of western snowy plover in southern California. Memo to Rex Sohn, U.S.G.S. National Wildlife Health Center, Madison, WI. 2 pp. 269 Mesta, R. 1998. U.S. Fish and Wildlife Service, Ventura, CA. Comments provided to U.S. Fish and Wildlife Service, Sacramento, CA, on the working draft of the Western Snowy Plover Recovery Plan. 3 pp. Moulton, C. 1997. Manager, Eureka Fisheries, Inc., Fields Landing, CA. Letter to Field Supervisor, U.S. Fish and Wildlife Service, Sacramento, CA. 2 pp. Myers, J.P. 1988. Senior Vice President, Science and Sanctuaries, National Audubon Society, New York, N.Y. Letter to Director, U.S. Fish and Wildlife Service, Washington, D.C. 19 pp. Page, G.W. 1988. Point Reyes Bird Observatory, Stinson Beach, CA Letter to U.S. Fish and Wildlife Service, Portland, OR. 1 p. Page, G.W. 2004a. Point Reyes Bird Observatory, Stinson Beach, CA Letter to Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, Sacramento, CA, providing comments on reassessment of snowy plover listing status. 20 pp. Page, G.W. 2004b. Point Reyes Bird Observatory, Stinson Beach, CA. Letter to Glen Tarr, Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, Sacramento, CA, providing comments on western snowy plover management in Monterey Bay area. 3 pp. Page, G.W. 2005a. Point Reyes Bird Observatory, Stinson Beach, CA. Year 2005 breeding season snowy plover survey of California coast. Electronic file sent to U.S. Fish and Wildlife Service. 3 pp. Page, G.W. 2005b. Point Reyes Bird Observatory, Stinson Beach, CA. Snowy plover banding study proposal. Electronic message to U.S. Fish and Wildlife Service, Arcata, CA. 6 pp. 270 Page, G. W. 2006. Point Reyes Bird Observatory, Stinson Beach, CA. Comparison of the 2005 and 2006 snowy plover surveys of the Pacific coast. Electronic file sent to U.S. Fish and Wildlife Service. 8 pp. Palermo, K. 1998a. U.S. Forest Service, Oregon Dunes National Recreation Area, Siuslaw National Forest, Reedsport, OR. Letter to U.S. Fish and Wildlife Service, Sacramento, CA, on the working draft of the Western Snowy Plover Recovery Plan. 2 pp. Pearson, S. 2006. Washington Department of Fish and Wildlife, Olympia, WA. Electronic message to Martha Jensen, U.S. Fish and Wildlife Service, Lacey, WA. 2 pp. Palermo, K. 1998b. U.S. Forest Service, Oregon Dunes National Recreation Area, Siuslaw National Forest, Reedsport, OR. Electronic message to U.S. Fish and Wildlife Service, Sacramento, CA, on European beachgrass control. 1 p. Pickart, A. 1996. The Nature Conservancy, Arcata, CA. Information provided to U.S. Fish and Wildlife Service, Sacramento, CA, regarding the status of European beachgrass in California. 2 pp. Price, J.B. 1992. Chief Ranger, Department of Parks and Recreation, Ventura, CA. Memorandum to Oxnard Police Department et al. 1 p. Read, N. 1998. Vandenberg Air Force Base, CA. Electronic message to U.S. Fish and Wildlife Service, Sacramento, CA, on the working draft of the Western Snowy Plover Recovery Plan. 2 pp. Read Francine, N. 2001. Department of the Air Force, Vandenberg Air Force Base, CA. Letter to U.S. Fish and Wildlife Service, Sacramento, CA, providing comments and additional information on the Western Snowy Plover Pacific Coast Population Draft Recovery Plan. 8 pp. 271 Richardson, S. 2001. Bureau of Reclamation. Letter to U.S. Fish and Wildlife Service, Sacramento, CA, providing comments and additional information on the Western Snowy Plover Pacific Coast Population Draft Recovery Plan. Trulio, L. 2007. Electronic message to ValaryBloom, U.S. Fish and Wildlife Service, Sacramento, CA, on snowy plover habitat in San Francisco Bay. U.S. Department of the Navy. 2001. Letter from U.S. Department of the Navy, China Lake, CA, to the U.S. Fish and Wildlife Service, Sacramento, CA, on increasing pinniped populations on San Nicholas Island. U.S. Department of the Navy. 2007. Letter to U.S. Fish and Wildlife Service, Carlsbad, CA, requesting re -initiation of consultation at Naval Base Coronado. 13 pp. U.S. Fish and Wildlife Service. 1995. Memorandum from Acting Field Supervisor, Ventura Field Office, Ecological Services, Ventura, CA, to Superintendent, Channel Islands National Park, National Park Service, Ventura, CA. 26 pp. Watkins, J. 1999. U.S. Fish and Wildlife Service, Arcata, CA. Electronic message to U.S. Fish and Wildlife Service, Sacramento, CA, on the working draft of the Western Snowy Plover Recovery Plan. 11 pp. Zielinski, E.Y. 1999. U.S. Bureau of Land Management, Portland, OR, and R.W. Williams, U.S. Forest Service, Portland, OR. Letter to U.S. Fish and Wildlife Service, Sacramento, CA, on the working draft of the Western Snowy Plover Recovery Plan. 15 pp. plus enclosures. 272 DUNE HABITAT RESTORATION PLAN FOR THE CITY OF NEWPORT BEACH ORANGE COUNTY, CALIFORNIA Prepared for. The City of Newport Beach Contact: Chelsea Crager 100 Civic Center Drive, Bay E, Newport Beach, California 92660 Telephone: (949) 644-3227 Prepared by: Glenn Lukos Associates, Inc. Contact: Tony Bomkamp 1940 E. Deere Avenue, Suite 250 Santa Ana, California 92705 Telephone: (949) 837-0404 June 2022 TABLE OF CONTENTS I. EXECUTIVE SUMMARY.................................................................................................. 1 II. PROJECT DESCRIPTION................................................................................................. 2 A. Responsible Parties.......................................................................................................... 2 B. Project Location............................................................................................................... 2 C. Development to be Removed........................................................................................... 2 D. Proposed Removal and Restoration................................................................................. 3 III. PROJECT IMPLEMENTATION....................................................................................... 3 A. Responsible Parties.......................................................................................................... 3 B. Project Goals.................................................................................................................... 3 C. Schedule of Work............................................................................................................. 4 D. Breeding and Nesting Birds............................................................................................. 5 E. Biological Monitoring...................................................................................................... 6 F. Contractor Education........................................................................................................ 6 IV. WORK PLAN FOR REMOVALS [PHASE 11 .................................................................. 7 A. Survey/Staking................................................................................................................. 7 B. Removal of Concrete Walkway....................................................................................... 7 C. Best Management Practices and Impact Minimization Measures .................................... 7 D. Waste Disposal................................................................................................................. 8 V. WORK PLAN DURING DUNE RESTORATION [PHASE 21 ....................................... 8 A. Non -Native Species Removal.......................................................................................... 8 B. Native Plants and Seed..................................................................................................... 8 C. As -Built Report ............................................................................................................. 11 VI. MAINTENANCE................................................................................................................11 A. Responsible Parties........................................................................................................ 11 B. Weed Abatement............................................................................................................ 11 C. Irrigation......................................................................................................................... 11 D. Trash Removal............................................................................................................... 11 E. Supplemental Seeding.................................................................................................... 11 i F. Maintenance Schedule.................................................................................................... 12 VII. MONITORING PLAN....................................................................................................... 13 A. Success Criteria and Performance Standards................................................................. 13 B. Monitoring Methods....................................................................................................... 14 C. Monitoring Schedule...................................................................................................... 15 D. Annual Monitoring Reports........................................................................................... 15 TABLES 1. Implementation Schedule...................................................................................................5 2. Southern Foredune Scrub Container Stock........................................................................9 3. Southern Foredune Scrub Seed Mix................................................................................10 4. Maintenance Schedule.....................................................................................................12 EXHIBITS 1. Regional Map 2. Vicinity Map 3A. Existing Vegetation Map 313. Existing Vegetation with Non -Native Points Map 4. Removal Map 5. Conceptual Planting Plan 6A. Peninsula Point Encroachment Removal and Replacement Plan (F Street) 613. Peninsula Point Encroachment Removal and Replacement Plan (G Street) Dune Habitat Restoration Plan ii DRAFT THE CITY OF NEWPORT BEACH DUNE HABITAT RESTORATION PLAN ORANGE COUNTY, CALIFORNIA I. EXECUTIVE SUMMARY This proposed Dune Habitat Restoration Plan ("Restoration Plan") addresses the removal of non- native vegetation, a concrete walkway, and manmade structures on the beach including logs, bricks, poles, and other structures associated with multiple volleyball courts. The Restoration Plan also addresses southern foredune scrubrestoration on an area within the eastern portion of the Balboa Peninsula that is within U.S. Fish and Wildlife Service (USFWS) designated Critical Habitat' for the federally listed threatened western snowy plover (Charadrius alexandrinus nivosus) ("WSP") as well as areas to the east of Critical Habitat Unit. The Plan serves as a component of the Western Snowy Plover Management Plan for East Balboa Peninsula Beaches ("Management Plan")2 prepared for the City of Newport Beach (City), Orange County, California [Exhibits 1 and 2 — Regional and Vicinity Maps] by Glenn Lukos Associates, Inc. (GLA). The Plan was prepared as requested in a July 27, 2021 Letter from the California Coastal Commission regarding the Management Plan previously submitted to the Coastal Commission for review. The Restoration Plan identifies areas within Critical Habitat Unit 48 where non-native species, including invasive fig marigold (Carpobrotus edulis) herein referred to as iceplant, will be removed and re -planted with native dune vegetation as shown on Exhibits 1-5. Additional areas subject to proposed restoration include the area occupied by a concrete walkway, that extends from E Street toward the water, multiple volleyball courts, and areas adjacent to Critical Habitat Unit 48 where non-native species exist. Collectively, the areas within Critical Habitat Unit 48 that consist of removal areas and areas of native dune vegetation reestablishment as well as those adjacent to Critical Habitat Unit 48 are referred to as the "Study Area" which measures approximately 25.73 acres, as depicted on Exhibits 1-5. The Restoration Plan actions described herein provide a work plan and strategy to implement the removal of the concrete walkway, volleyball courts, and replacement of non-native plants with native southern foredune scrub vegetation using a phased approach. To avoid leaving areas currently vegetated with invasive species completely devoid of ground cover and unstable during the process, non-native species removal will be performed in stages over a two-year period, while introducing appropriate native vegetation in non-native species removal areas. This Plan also proposes five years of maintenance and monitoring following the removal of the concrete walkway and non-native plants. The five-year maintenance and monitoring period is inclusive of the two- year phased non-native species removal and replacement with southern foredune scrub vegetation. The purpose of this Plan is to remove non-native invasive vegetation and to restore the existing dune habitat by the reestablishment of native southern foredune scrub. ' U.S. Fish and Wildlife Service. 2012. "Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Pacific Coast Population of the Western Snowy Plover; Final Rule." Federal Register Volume 77 Number 118; 50 CFR Part 17. June 2012 2 GLA, 2022. Western Snowy Plover Management Plan for East Balboa Peninsula Beaches, Newport Beach, California Dune Habitat Restoration Plan 1 June 15, 2022 II. PROJECT DESCRIPTION A. Responsible Parties Applicant: The City of Newport Beach Contact: Chelsea Crager 100 Civic Center Drive Newport Beach, California 92660 Telephone: (949) 644-3227 B. Project Location and Description This Plan addresses removal of non-native invasive vegetation and the establishment of native vegetation on Balboa Peninsula, in the City of Newport Beach, Orange County, California [Exhibits 1 and 2 — Regional and Vicinity Maps]. The Study Area includes open stretches of unvegetated sandy beach and areas of low southern foredune scrub habitat that exhibits sparse vegetation. Within Critical Habitat Unit 48, vegetated dune habitat begins approximately 200 feet east of B Street (extended) and extends just east of the F Street pathway. The dune areas extend from near the concrete boardwalk toward the water, leaving an unvegetated strip of beach that ranges from approximately 175- to 250-feet wide between the edge of the dunes and the surf. The vegetated areas of dunes are separated by paths and walkways that are intended to provide for directed or controlled beach access that limits potential impacts to the dunes. It is important to note that areas of non-native vegetation exist to the east of the Study Area that are not being included in this Restoration Plan because they are part of the City of Newport Beach Peninsula Point Encroachment Removal and Replacement Plan [Exhibits 6A and 6B]. Therefore, in an effort to avoid overlap with that plan, these areas have been excluded from this Restoration Plan. However, as noted above, other areas adjacent to the Critical Habitat Unit 48 that contain non-native species and are not covered under the above mentioned encroachment removal plan, are included as part of this Restoration Plan. Ornamental vegetation occurs in patches along the ocean side of the boardwalk and extends, in some places, up to 50 feet from the boardwalk into the Critical Habitat area. Native southern foredune scrub species that have been detected in the dune habitat within the Balboa Beach Critical Habitat Unit 48 include, Coast Wooly Heads (Nemacaulis denudata var. denudata), Beach Morning Glory (Calystegia soldanella), Pink Sand Verbena (Abronia umbellata), Beach Evening Primrose (Camissoniopsis cheiranthifolia), Beach Bur (Ambrosia chamissonis), and Coast Cryptantha (Cryptantha leiocarpa). Non-native species detected within the Critical Habitat area and within the Study Area include crystalline ice plant (Mesembryanthemum crystallinum), European sea rocket (Cakile maritima), iceplant (Carpobrotus edulis), and buttercup oxalis (Oxalis pes-caprae). Dune Habitat Restoration Plan 2 June 15, 2022 C. Development to be Removed Development that will be removed consists of a concrete walkway, constructed in 2014, that extends southward from E Street as well as a volleyball court constructed near the boardwalk between C and D Streets and associated logs/poles that have been placed on the sand adjacent to the volleyball court. There are also poles south of the dune habitat that prior to 2022 were used to hang volleyball nets (see Exhibit 4). Six street end entrances are located from A Street to G Street. In addition, C, D, E, and F Streets each have an asphalt or concrete pathway that extend various lengths from the intersection of the street entrance and boardwalk, toward the ocean within the designated Critical Habitat. It is important to note that, except for the concrete path that extends from E Street, each of the concrete walkways pre -date the Coastal Act and do not need authorization from the Coastal Commission. Consistent with the request of USFWS in their February 23, 2022 letter, The City has determined that it will not seek after -the -fact authorization for the E Street walkway and this Plan includes removal of this feature and restoration of the area. D. Proposed Removal and Restoration The City proposes to conduct the necessary removals through a restoration program consisting of: 1. The removal of the concrete walkway and volleyball courts listed above; 2. Establishment of native southern foredune scrub vegetation in the Study Area which includes portions of the areas where the concrete walkway is to be removed as well as other portions of the dunes as requested in the July 27, 2021, letter from the California Coastal Commission; 3. Implementation of a phased non-native vegetation removal program on existing dune within the restoration area and establishment of appropriate native southern foredune scrub plant species where necessary; 4. Five years of maintenance and monitoring of the restoration area. III. PROJECT IMPLEMENTATION A. Responsible Parties The City of Newport Beach will be responsible for the implementation of this Plan. Project Biologist: Glenn Lukos Associates, Inc. Contact: Sheri Asgari 1940 E. Deere Avenue, Suite 250 Santa Ana, California 92705 Telephone: (949) 340-3356 Dune Habitat Restoration Plan June 15, 2022 B. Project Goals This Plan outlines the following goals: 1. Remove the concrete walkway and volleyball courts as outlined above; 2. Establish a non-native vegetation removal program that replaces the invasive species with appropriate native southern foredune scrub vegetation; and 3. Conduct five years of maintenance and monitoring to ensure successful restoration of native species in the restoration area. C. Schedule of Work Work is expected to occur in two phases: • Phase 1: Concrete Walkway Removal (Fall 2022) or upon receipt of Coastal Development Permit. • Phase 2: Non-native Species Removal and Dune Restoration, Maintenance, and Monitoring (Fall 2022-Winter 2027) or as otherwise determined in coordination with Coastal Commission. Phase 1 — Concrete Walkway and Volleyball Courts Removal The Initial Removal Phase is expected to begin following approval of this Plan by the CCC, in Fall 2022. Removal of the concrete walkway and volleyball courts must occur within 90 days of the permit date. Removal may be performed through a variety of methods, including (if necessary) use of heavy equipment such as a loader/excavator and manual/mechanical removal. Phase 2 — Non -Native Species Removal and Dune Restoration Non-native species and ornamental species occur on and adjacent to the existing dune area, as depicted on Exhibits 3A and 3B. The presence of iceplant functions as a natural sand stabilizer. Therefore, if all iceplant were removed at once, the dune could become unstable. Native dune plants would serve as a natural sand stabilizer once established within the restoration area, however, establishment takes time. Therefore, this Plan proposes phased removal of non-native species, without use of herbicides, within the existing vegetated dune area and associated phased replacement with native species. Removal of non-native species biomass will be performed in two stages or rounds. Round 1 will entail removal of approximately half of the non-native species biomass in Fall 2022, followed by installation of native southern foredune scrub plants and seed. Round 2 will occur in Fall 2023 and will entail removal of the remaining non-native species. Each fall during the subsequent maintenance period, a supplemental nativeseed mix may be applied to the Study Area (if deemed necessary by the Project Biologist) to ensure establishment of native dune species. Maintenance and monitoring are proposed through the end of the 2027 (to be adjusted as needed Dune Habitat Restoration Plan 4 June 15, 2022 based on timing of CDP issuance), with an annual monitoring report to be submitted to the CCC at the end of each calendar year for a period of five years starting in 2023 (or as adjusted). Table 1 below provides the recommended timeline of removals, native plant seeding and planting, maintenance, monitoring, and reporting for the proposed activities. TABLE 1 IMPLEMENTATION SCHEDULE Work Phase/Seasonal on r Timelinecd w3 �vn,,w�V1un Cn rnCn PHASE 1 - Remov� 2022 2023 -- U� � , 11111111111111111111111 k1fir?Q11KHT4, •1 - 97.11, . Round I Non-native- 11 1 Removal: Manual Removal Install Container Plants and Seed 11 1 (Hand -Broadcast) PHASE 2 Restoration 2024 202 Implementation and Monitoring Round Removal • ' 111 ,'d Quarterly III Maintenance (Monthly Yr I and 11 111 1 1 Quarterly111 Quantitative..III111 11 1Annual Report * Spring = March — May; Summer = June — August; Fall = September — November; Winter = December — February. D. Breeding and Nesting Birds and Wintering WSP Nesting season begins January 15 and extends through September 15 for most species. For WSP nesting occurs from March 1 through September 30. Nesting occurs on coastal sandspits, dune -backed beaches, beaches at creek mouths and lagoons, and salt pans at lagoons and estuaries. The non -breeding season is also termed the "wintering" period. This period occurs from September through February. Overwintering habitat is very important for WSP and other migratory shorebirds. The habitat provides connectivity for dispersal between nesting sites and provides resources that allow birds to build fat reserves necessary for spring migration and the upcoming nesting season. WSP exhibit strong fidelity to overwintering sites, often returning to the same beaches every year after nesting elsewhere. Dune Habitat Restoration Plan June 15, 2022 While construction under this plan is currently anticipated to occur in the fall, outside of breeding and nesting season, potential for disturbance to overwintering WSPs is high. Therefore, for any construction and/or removal activities (with potential noise impacts) as defined in this plan, a qualified biologist ("Project Biologist") will conduct surveys in order to assess bird behavior, document the presence of nesting birds, and to evaluate ambient and project noise levels. All project operations will be carried out consistent with the following: 1. The Project Biologist will conduct surveys 15 calendar days prior to project activities, including any demolition and/or removal (with potential noise impacts) to detect any breeding behavior or active bird nests in all accessible trees within 500 feet of the project and to document ambient and project noise levels. A follow-up survey will be conducted three (3) calendar days prior to the initiation of project activities and nest surveys must continue monthly, throughout the nesting season or until the project is completed, whichever comes first. 2. If an active nest(s) of any shore bird or wading bird is found within 300 feet of the project or bird nesting or courtship behavior is observed within the project site, the Project Biologist will monitor bird behavior and construction noise levels. If an active nest is located in any of the trees required to be removed, then removal activities for that tree will be halted until after nesting season is complete and the Project Biologist has confirmed that there is no longer any active nesting activityin the subject tree. The nest(s) and nesting bird(s) shall not be removed or disturbed. 3. The Project Biologist will be present at all relevant construction meetings and during all significant construction activities (those with potential noise impacts) to ensure that nesting birds are not disturbed by construction related noise. Construction activities may occur only if construction noise levels are at or below the demonstrated ambient noise levels or a peak of 65 dB at the nest site(s),If construction noise exceeds the ambient noise levels or a peak level of 65 dB at the nest site(s), sound mitigation measures such as sound shields, blankets around smaller equipment, mixing concrete batches off -site, use of mufflers, and minimizing the use of back-up alarms will need to beemployed. If an active nest of a federally or state -listed threatened or endangered species, bird species of special concern, or designated migratory bird under the federal Migratory Bird Treaty Act, is found within 300 feet of the project, or an active nest for any species of raptor is found within500 feet of the project, the permittee shall notify the appropriate state and/or federal wildlife agencies within 24 hours, and appropriate action specific to each incident will be developed. The permittee will notify the California Coastal Commission by e-mail within 24 hours and consult with the Commission regarding determinations of state and federal wildlife agencies. 4. The City must cease work if informed by the Project Biologist that proceeding with any development authorized by this permit would adversely affect breeding, nesting, or overwintering birds, and will consult with the appropriate federal and/or state wildlife agencies as well as the Commission Executive Director on appropriate steps to protect breeding or nesting birds. The City will immediately notify the Commission Executive Director if activities outside of the scope of the subject Commission -approved project Dune Habitat Restoration Plan 6 June 15, 2022 occur. If the Commission Executive Director determines thatsignificant impacts or damage to sensitive habitats or to wildlife species has occurred, the permittee shall submit an application to the Commission to amend this permit to include appropriate mitigation and/or restoration measures. E. Biological Monitoring A qualified restoration ecologist, referred to herein as Project Biologist, will supervise the implementation and maintenance of the Project and perform the proposed five-year monitoring of the restored areas. The Project Biologist will be on -site to monitor the dune establishment and monitor the phased removal of invasive groundcovers and replacement with native coastal foredune vegetation. The Project Biologist will also perform ongoing training with landscape personnel during the period of removals and provide direction and monitoring during the native plant establishment and maintenance period. F. Contractor Education Contracting for the Project comprises two categories. The first category consists of removal of the concrete walkway that may need to be performed by a commercial contractor. For this Plan, this contractor will be referenced as the "Removal Contractor". Prior to the commencement of Project related activities in areas near the restoration area, the Project Biologist will review all aspects of the concrete walkway removal in that area and Dune Habitat Restoration Planwith the Removal Contractor. The second category, consisting of invasive plant treatment/removal and replacement with native southern foredune scrub vegetation will require specialized knowledge in native habitat restoration. This work shall be performed by a qualified landscape contractor with a minimum of five years of experience in coastal habitat restorationprojects. For this Plan, this contractor will be referenced as the "Restoration Contractor". The Restoration Contractor will be required to demonstrate experience in this field to the Project Biologist prior to contracting with the City. The Restoration Contractor shall possess C27 and Pest Control Advisor (PCA) licenses for herbicide treatment of the invasive non-native species in the restoration area. All contractors must strictly adhere to the Best Management Practices and Impact Minimization Measures outlined in Section IV.C. of this Plan. IV. WORK PLAN FOR REMOVALS [PHASE 11 A. Survey/Staking The City of Newport Beach, in coordination with the Project Biologist will flag the limits of the concrete walkway removal areas near the restoration area prior to start of work by the Removal Contractor to clearly delineate property boundaries, limits of removals and access path for equipment to minimize any driving on the beach and to avoid the existing dune to the maximum extent feasible and full avoidance of native dune vegetation. Dune Habitat Restoration Plan 7 June 15, 2022 Final staging and access will be determined prior to commencement of work and be approved by the Project Biologist. The Project Biologist will flag limits of existing native plants to be avoided during the removal activities. B. Removal of Concrete Walkway and Volleyball Court The removal of the concrete walkway at E Street as well as the volleyball court between C and D streets is recommended to occur between the months of September and December and will occur under supervision of the Project Biologist. Removal may be performed through a variety of physical removal methods but are anticipated to involve manual/mechanical removal. As noted above, because the walkway would be removed during the period when wintering WPS could occur in proximity to the walkway removal site, pre -construction surveys would be implemented to ensure that WSP winter roosting is not disturbed during demolition. C. Best Management Practices and Impact Minimization Measures All work will be performed in conformance with Best Management Practices (BMPs) outlined in this Plan and under the direction of the Project Biologist experienced in habitat restoration and resource management in Southern California. BMPs set forth herein limit the introduction, transport, and proliferation of invasive species on the beach and to ensure that all work is performed with the least incidental impact to native plants: • Flagging, stakes, and/or rope shall be used to demarcate the boundary of the work areas and the beach. • Equipment access and staging areas shall be identified by The City and approved by the Project Biologist. • Flagging of native species patches to be avoided shall be conducted by the Project Biologist prior to start of work. • Contractors shall clean all equipment, tools, gear, and clothing prior to start of work to avoid introduction of invasive species to work areas. • Clear demarcation of access routes prior to start of work shall be conducted by The City and the Project Biologist. D. Waste Disposal All materials removed from the concrete walkway removal area and non-native species removal areas shall be disposed of offsite at a landfill. Non-native plant material will be covered during transport. V. WORK PLAN DURING DUNE RESTORATION [PHASE 2] A. Non -Native Species Removal As previously described, invasive iceplant is the primary non-native/invasive species occurring on the existing dune and adjacent areas within proposed restoration site. Other species in the area consist of crystalline ice plant, sea rocket, buttercup oxalis, as well as ornamental species. The Dune Habitat Restoration Plan 8 June 15, 2022 invasive and ornamental species will be removed manually. Manual removal of non-native species biomass will be performed in two stages or rounds. Round 1 will entail removal of approximately half the biomass by hand in Fall 2022, followed by installation of native southern foredune scrub plants and seed, as outlined below. Round 2 will occur in Fall 2023 and will entail removal of the remaining non-native biomass throughout the restoration area. This Plan proposes that container plants be installed in areas where non-native species are being removed to stabilize the existing dune habitat. Plantings will be installed in a patchy distribution to mimic typical dune vegetation growth patterns. B. Native Plants and Seed Coastal dunes are characterized by low plant density and low species diversity, as few species can withstand the harsh conditions characteristic of this environment including wind, sand and salt spray, low soil nutrients, lack of soil moisture retention, high summer temperatures, and human disturbance. Typical southern foredune scrub plants are perennial, have gray or succulent leaves (or both), have prostrate or creeping growth patterns, and oftenproduce roots along their length, reproducing both vegetatively and through seed dispersal. Plants typicallyhave a long flowering season. These characteristics enable plants to withstand the unstable sandy substrate, strong winds, poor water retention, and high summer surface temperatures. Common species include sticky sand verbena (Abronia maritima), pink sand verbena (Abronia umbellata), yellow hairy sand verbena (Abronia villosum aurita), sand bur (Ambrosia chamissonis), beach morning glory (Calystegia soldanella), and beach evening primrose (Cammisoniopsis cheiranthifolia), saltgrass (Distichlis spicata). It is expected that over time the restored areas will begin to reestablish with southern foredune scrub vegetation through natural recruitment following the removal of non-native species and continued weed abatement within the existing and restored dunes. A slow transition from the invasive iceplant groundcover is proposed through removal of iceplant, and other non-native species, over a two-year period, while promoting the growth of native species such as yellow hairy sand verbena, beach evening primrose, beach morning glory, sand bur, and saltgrass. To aid the revegetation by native species, a combination of native container stock and seed mix will be installed in areas of removal, including areas where the concrete walkway is being removed as well as areas of invasive species removal, conceptually depicted on Exhibit 5. Container stock will be planted heavily within planting clusters to promote quicker infill, with areas of sandy beach in between planting clusters. Table 2 below provides a list of container stock to be planted in the restoration area in the fall months following removals. TABLE 2 SOUTHERN FOREDUNE SCRUB CONTAINER STOCK (1.71 Acres) Species Common Name Stock Type Plants/Acre Total Abronia villosum aurita fellow hairy sand verbena 1-gallon/Liner 16 49 Dune Habitat Restoration Plan 9 June 15, 2022 Ambrosia chamissonis Sand bur 1-gallon/Liner 39 99 Cammisonioppsis cheiranthi olia Beach evening primrose 1-gallon/Liner 39 99 Distichlis s icata Saltgrass I-gallon/Liner 79 184 Total Container Stock 431 Source of Plant Materials It is preferred that the source of all propagules and seed used at the mitigation site be from coastal Orange County. If not available, the remainder of propagules and seed required may be considered from coastal San Diego and/or Los Angeles counties and collected as close to the restoration site as possible to preserve regional genetic integrity. Contract Growing Contract growing of all container plants shall be by a local experienced native plant nursery. Substitution of plant material at the time of planting depends upon the discretion of the Project Biologist. Any substitutionsthat are approved will be documented in the annual monitoring reports to The City and CCC. Container Stock One -gallon container stock, rose pots, and liners may be utilized for the restoration project, as available, withone-gallon size being the preferred container size. Plant materials will be inspected by the Project Biologist and approved as healthy, disease free, and of proper size prior to planting. Overgrown, root -bound containerstock will be rejected. Container stock will be laid out in such a manner that mimics natural plant distribution (i.e., in clusters and islands) to emulate typical dune vegetation assemblages and existing plant communities in Newport Beach. Prior to container stock installation, the Project Biologist will flag plant locations in the field with pin -flags that will be color coded as to plant species. A list of species with their appropriate color code will be provided to the Contractor prior to plant installation. Table 3 below provides a list of species and application rate to be applied to the existing dune and restoration area. This seed mix may be applied multiple times during the five-year monitoring period, as directed by the Project Biologist. TABLE 3 SOUTHERN FOREDUNE SCRUB SEED MIX (3.84 Acrea) Species Common Name Stock Type Lbs/ Acre Total (Lbs) Distichlis s icata Saltgrass Seed 3 12 Ambrosia chamissonis Sand bur Seed 1 4 Cammisoniopsis cheiranthifolia Beach evening rimrose Seed 2 8 Lu inus bicolor Dove lupine Seed 3 12 Total Seed 35 Dune Habitat Restoration Plan 10 June 15, 2022 Method and Timing of Seed Application The seed mix will be broadcast by hand and will be scattered within the restoration area. To maximize the germination of seed, broadcast will occur following a rain event of roughly 1-inch, or more, in the months between September and February. Irrigation Planting and seeding will be conducted during the late fall and winter months (between November and February) to take advantage of cooler temperatures and natural rain cycles to establish planted container stock and seed. However, in case of unseasonable warm winters or drought conditions, the Project Biologist may recommend supplemental irrigation to establish the native plant material. This will be conducted using a hose to establish the native container plant material. Individuals conducting irrigation should take care not to trample or drag hose through native plants or newly planted areas. No permanent irrigation systems will be installed as a part of this plan. Fencing The primary purpose of this Plan is to establish native southern foredune scrub vegetation in disturbed areas where a concrete walkway and volleyball courts will be removed, adjacent to the existing dunes, and in areas where non-native invasive vegetation will be removed. Placement of perimeter symbolic (e.g. post and rope) fencing would deter the public from trampling native plants being established, as well as slow down sand movement during the dune restoration process. The fencing shall remain in place only as long as needed, as approved by the City and CCC. Straw bundles (made from a weed -free straw material) may also be employed to slow sand movement and provide sheltered planting locations. C. As -Built Report Within 90-days following the completion of installation of sand fencing and restoration area planting, an as -built report will be submitted to the CCC, providing details of the removal activities and restoration implementation. The as -built report will provide dates of removal activities, weed abatement, site preparation, fencing installation, and plant/seed installation. Photographs of the restoration area will also be provided, along with a graphic depicting installed dimensions and quantity of sand fencing segments. VI. MAINTENANCE A. Responsible Parties The City will be responsible for carrying out the five-year maintenance program. B. Weed Abatement Restoration area maintenance will focus on the suppression of non-native species, while promoting the growth and recruitment of native southern foredune scrub species. All follow-up non-native Dune Habitat Restoration Plan 11 June 15, 2022 species control will consist of hand -pulling or use of manual tools to avoid impacts to newly establishing native species. C. Irrigation Irrigation shall be applied using a hose to water the planted container stock and seeded areas on an as -needed basis during the maintenance period, under the direction of the Project Biologist. D. Trash Removal The Study Areas shall be well -maintained to deter vandalism and dumping of trash. Contractor shall, during routine quarterly maintenance, manually remove weeds and trash from the Study Areas and dispose of off -site as permitted by law. E. Supplemental Seeding Each year during the five years of maintenance and monitoring required under this Plan, the Project Biologist will assess the infill of native southern foredune scrub species and recommend supplemental seeding of the seed mix outlined in Table 3, if necessary. F. Maintenance Schedule The maintenance program will begin following initial removals in fall 2022 and will occur on a monthly basis for the first year and quarterly thereafter for the remainder of the five-year restoration project. Table 4 below provides a recommended maintenance schedule. TABLE 4 MAINTENANCE SCHEDULE Season Maintenance Activity Initial Removals and Container Plant Installation - 2022 Fall Remove iceplant and other non-nativespecies by hand Winter Install container plants and seed Maintenance Year 1- 2023 Spring Remove weeds/trash; hand -water as necessary Summer Remove weeds/trash; hand -water as necessary Fall Remove weeds/trash; hand -water as necessary Winter Remove weeds/trash; hand -water as necessary Maintenance Year 2 - 2024 Spring Remove weeds/trash; hand -water as necessary Summer Remove weeds/trash; hand -water as necessary Fall Remove weeds/trash; hand -water as necessary Winter Remove weeds/trash; hand -water as necessary Dune Habitat Restoration Plan 12 June 15, 2022 Maintenance Year 3 - 2025 Spring Remove weeds/trash; hand -water as necessary Summer Remove weeds/trash; hand -water as necessary Fall Remove weeds/trash; hand -water as necessary Winter Remove weeds/trash; hand -water as necessary Maintenance Year 4 - 2026 Spring Remove weeds and regrowth of other non-nativeplants/remove trash Summer Remove weeds and regrowth of other non-nativeplants/remove trash Fall Remove weeds and regrowth of other non-nativeplants/remove trash Winter Remove weeds/trash; hand -water as necessary Maintenance Year 5 - 2027 Spring Remove weeds and regrowth of other non-nativeplants/remove trash Summer Remove weeds and regrowth of other non-nativeplants/remove trash Fall Remove weeds and regrowth of other non-nativeplants/remove trash Winter Remove weeds/trash; hand -water as necessary VII. MONITORING PLAN For the duration of the five-year monitoring period, elimination of the non-native/invasive species and establishment of the plantings will be measured through a series of qualitative and quantitative measurements assessing native species cover, non-native species cover, survival of planted container stock, and unvegetated sandy beach. Monitoring will be performed by a qualified Biologist, and continuity within the personnel and methodology of monitoring shall be maintained insofar as possible to ensure comparable assessments. Quantitative data will be collected annually using accepted vegetative sampling methods in order to evaluate survivorship and native plant percent cover. In the event that plantings should fail to meet the specified requirements, compliance will be ensured by the performance of either or both of the following remedial procedures by the contractor on an as -needed basis as directed by the Project Monitor: (1) replacing unsuccessful plantings with appropriate -sized stock or seed mixes to meet stated cover or survival requirements, and/or (2) performing maintenance procedures to ensure the site conditions are appropriate (e.g., non-native species removal). A. Success Criteria and Performance Standards The performance standards set forth in the Dune Habitat Restoration Plan for the five-year monitoring period are outlined as follows: First -Year Monitoring Success Criteria: • 15-percent absolute cover by native species • At least 80-percent of the planted species represented in the restoration site • No more than 15-percent coverage by non-native species Dune Habitat Restoration Plan 13 June 15, 2022 Second -Year Monitoring Success Criteria: • 20-percent absolute cover by native species • At least 80-percent of the planted species represented in the restoration site • No more than 15-percent coverage by non-native species Third -Year Monitoring Success Criteria: • 25-percent absolute cover by native species • At least 80-percent of the planted species represented in the restoration site • No more than 10-percent coverage by non-native species Fourth -Year Monitoring Success Criteria: • 30-percent absolute cover by native species • At least 80-percent of the planted species represented in the restoration site • No more than 10-percent coverage by non-native species Fifth -Year Monitoring Success Criteria: • 35-percent absolute cover by native species • At least 80-percent of the planted species represented in the restoration site • No more than 5-percent coverage by non-native species B. Monitoring Methods Qualitative Monitoring The Project Biologist will conduct qualitative monitoring surveys on a monthly basis during the first year andquarterly during the remainder of the five-year monitoring period. Qualitative surveys will consist of walkingthrough the restoration area documenting general observations, such as regrowth of iceplant, natural recruitment of native southern foredune scrubspecies, establishment of planted container stock and seed, trash/debris, signs of disturbance/vandalism, and weed invasions. Records will be kept of site conditions during each sitevisit. The Project Biologist will determine adaptive management measures to be undertaken to ensure successful implementation of the Plan. All adaptive management measures undertaken will be referenced in annual monitoring reports submitted to the CCC. Quantitative Monitoring Quantitative sampling shall be conducted using one -meter quadrats placed throughout the restoration area. Placement of quadrats will be determined using random number tables to provide two coordinates, one thatindicates the distance along a longitudinal centerline bisecting the site and one that determines the distance from the line. Plots will be placed on alternating sides of the centerline and perpendicular to the centerline. Vegetative cover will be visually estimated within Dune Habitat Restoration Plan 14 June 15, 2022 the quadrat for each species present and recorded on a data sheet. Any species observed during the sampling that does not fall within a quadrat will be recorded and included on the list of species for the restoration site. At least 30 replicates will be initially sampled. Sample variance from data collection in years one through three will be used to determine if 30 samples are adequate. If a power analysis indicates that more than 30 samples are required, additional transects or quadrats will be added. If power analysis indicates that fewer than 30 samples are required, the number of quadrats will be reduced. Sampling will be conducted with sufficient replication to detect a 10% difference in absolute ground cover between the mean of the restoration and the success standard with 90% power at analpha level of 0.10. The mean native cover for the restoration site will be compared to the performance criteria at the end of five years using an appropriate inferential test such as a single -sample t-test. The mean cover for the restoration site will be considered to meet the performance criteria if the resulting alpha level is greater than 0.10. Photo -Documentation Fixed photo points shall be established prior to or during the first annual monitoring event to ensure that photo -documentation is consistent. During every monitoring event photographs shall be taken from the fixed photopoints and in the same compass directions to document and compare the condition of the restoration site fromyear to year. Photographs shall reflect material addressed in the annual monitoring reports. C. Monitoring Schedule The monitoring program will begin immediately following initial removals. Qualitative monitoring will occur monthly during the first year and quarterly for the remainder of the five- year monitoring period. Quantitative monitoring will be conducted annually in spring months, with annual monitoring reports to be submitted to the CCC by the end of each year (December 31). D. Annual Monitoring Reports At the end of each of the five years of maintenance and monitoring, an annual report shall be prepared for submittal to the CCC. These reports will document the revegetation progress of the work areas and summarize maintenance activities that occurred during each respective year. At the end of the fifth monitoring year, upon satisfaction of all performance standards, the CCC will be notified in writing that the monitoring period is complete. All annual monitoring reports shall include the following: • a list of names, titles, and companies of all persons who prepared the content of the annual report andparticipated in monitoring activities for that year; • a vicinity map indicating location of all removal areas and the restoration site; • an aerial photograph/drone imagery flown each year at the same time of year; • a site plan identifying GPS points or polygons for significant natural recruitment of native foredunespecies, invasive non-native species removal areas, photo station locations, etc.; • a description of the status native plant communities, and percent cover by non-native species in the Study area; • an analysis of monitoring results; and • copies of all monitoring photographs. Dune Habitat Restoration Plan 15 June 15, 2022 The City will notify the CCC in writing when the five-year monitoring period is complete. The final report will provide an assessment of the removal areas and achievement of the fifth- year performance standards. If any portion of the performance standards have not been met, adaptive management measures will be implemented to address any deficiency, and monitoring will continue until allsuccess standards have been met. Dune Habitat Restoration Plan 16 June 15, 2022 Distribution Page of all Persons Receiving a Copy of the Dune Habitat Restoration Plan and Annual Monitoring Reports Amrita Spencer California Coastal Commission 301 E. Ocean Blvd. Suite 300 Long Beach, California 90802 Chelsea Crager The City of Newport Beach 100 Civic Center Drive, Newport Beach, California 92660 Sandy Vissman U.S. Fish and Wildlife Service 2177 Salk Ave, Ste 250 Carlsbad, CA 92008 N A 0 N Long Beach San Pedro Bay Pacific Ocean rareor,�, .Garden Grove aae ►M, t , F Westminster Ir 1, Santa Ana L� =dsaAV pp rn 'o IdcFadden A o Fdinger Ave n, , Sunset Beach r a vs Warner AV* _ R Fountain,b +Y Valley m m c Ellis Ave�a��i a °eoF Irvine Huntington Costa Beach - Mesa dry a � 2 C boa$/ D Y Newport Beach PROJECT LOCATION CITY OF NEWPORT BEACH DUNE HABITAT RESTORATION PLAN Regional .. 71 E 7UStIn f _ n ` c � A4, 4y y o' ®tea p� en ,,C�Versity Or Sa ?4 -11 � p n a ie rf4� i F00 Qj Oiry� 'Pd dy 4 4 'bb co"0, O Tj �O S TR to Rancl Lake Forest a ` 5ant Mission Viejo = Margal Laguna Woods c e Laguna Hiils c r �k� © 05 0 Fkpy Aliso Viejo II Lag`ina guel Laguna Beach } 7 4 %sly z San Juan U Capistrano r Dana Point o e Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan EETT] Esri China (Hong Kong), Esri Korea,'Esri (Thailand)! GCC, (c) OpenStreetMap contributors, and the GIS User Community G LE N N LU KGS ASSOCIATES Exhibit 1 mod JF r `� v" �. 0-�) . ' hp� i ZanC 3 + ' N T LWO Isle wry ? I\ _ H/ey�4Y IRYIN ' kr,,� G ,o LrghtHarborCOUNT z Las A:era, 1q , COIIrnS l — pd•xr— Llfi 3� L,grt i-- R(L ,.rrl_n .1ft&:. -sr � tvm�Tp/rale � $!Sr O I Boy aria �_r, o h' Balboa 00 �h ' Island m Nexp ,�. I _ - ti ¢l arr Porn _•,J�= -.y` on,�psave` ^- , - .>! i e�� fATE)il� c1e1 Us'? D 6 as :' s ., 4CZ Y �.` .- �% :, 'tr+► ht m PROJECT LOCATION _ -.?� ^. " •-' m O O O NO F�1 H U I Y OF NEWPUK I t3EAUH DUNE HABITAT RESTORATION PLAN r .• Of j Har6oilYIWW - z,... Ui NE a Corona del Mar= z � t" L:ght, L=gAt Arch EL Service Layer Credits: Copyright:© 2013 National Geographic Society, i-cubed G LE N N LU KGS ASSOCIATES Exhibit 2 Study Area (25.73 ac.) Southern Foredune Scrub (6.22 ac.) Unvegetated Sandy Beach (17.42 ac.) Non -Native Iceplant (0.76 ac.) Iceplant/Ornamental (1.08 ac.) Ornamental (0.07 ac.) Sea Rocket (0.17 ac.) N A 0 100 200 400 Feet 1 inch = 200 feet Coordinate System: State Plane 6 NAD 83 Projection: Lambert Conformal Conic Datum: NAD 1983 2011 Map Prepared by: B. Gale, GLA Date Prepared: June 1, 2022 CITY OF NF-WPORT BEAGH DUNE HABITAT RESTORATION PLAN Existing Vegetation .. GLENN LUKOS ASSOCIATES Exhibit 3A X:\0363-THE REST\0560-22PLOV\WesternSnowyPlover_Balboa\WesternSnowyPlover_ Balboa _560-22_GIS\VegetationGlS\REV1\560-22_VegetationREV1.mxd Study Area (25.73 ac.) Southern Foredune Scrub (6.22 ac.) Unvegetated Sandy Beach (17.42 ac.) Non -Native o Iceplant (0.76 ac.) Iceplant/Ornamental (1.08 ac.) o Ornamental (0.07 ac.) o Sea Rocket (0.17 ac.) N A 0 100 200 400 Feet 1 inch = 200 feet Coordinate System: State Plane 6 NAD 83 Projection: Lambert Conformal Conic Datum: NAD 1983 2011 Map Prepared by: B. Gale, GLA Date Prepared: June 1, 2022 p 11 4Asting Vegetation with Non -Native Points Map GLENN LUKOS ASSOCIATES Exhibit 313 X:\0363-THE REST\0560-22PLOVtWesternSnowyPlover_Balboa\WesternSnowyPlover_ Balboa _560-22_GISWegetationGIS\REV1\560-22_VegetationREV1_wlnvasivePoints.mxd Study Area (25.73 ac.) Non -Native Vegetation o Iceplant (0.76 ac.) Iceplant/Ornamental (1.08 ac.) o Ornamental (0.07 ac.) o Sea Rocket (0.17 ac.) Man -Made Structures Brick Pad E Street Boardwalk Volleyball Court (Log) 0 Volleyball Court Pole 0 100 200 400 Feet 1 inch = 200 feet Coordinate System: State Plane 6 NAD 83 Projection: Lambert Conformal Conic Datum: NAD 1983 2011 Map Prepared by: B. Gale, GLA Date Prepared: June 1, 2022 CITY OF NEWPURT BEACH DUNE HABITAT RESTORATION PLAN GLENN LUKOS ASSOCIATES Exhibit 4 X:\0363-THE REST\0560-22PLOV\WesternSnowyPlover_Balboa\WesternSnowyPlover_ Balboa _560-22_GIS\RestorationGIS\560-22_DuneRestoration_Removal.mxd °°�i°i°° ♦°°i' -� i. OF !Ift ._ R r��Ml: Parcel Boundary Phase 1 - Encroachment Removal Hard scape/Stepping Stones + � _ Lawn Ornamental Shrub/Groundcover r4 ~~ * Ornamental Tree 1320 _ , _ _ � City Restoration Area* 'Areas labelled "City Restoration Area" are not associated with any private residence address, but will be subject to removal and restoration 1322 activity by the city Phase 2 - Iceplant Removal Iceplant 1324 1350. /1^ / 0 12.5 25 50 Feet 1 inch = 25 feet T\0560-20NOV\560-20_GIS\Restoration GIS\Rev 1\560-20 Restoration REV1-Page1.mxd -�7 1 350' 54 A.. off ;tk In A .�4 A. -I If W - vo, -�Z 0 �- Parcel Boundary Phase 1 - Encroachment Removal 4 Hardscape/Stepping Stones Lawn Ornamental Shrub/Groundcover Ornamental Tree City Restoration Area* *Areas labelled "City Restoration Area" are not associated with any private residence address, but will be subject to removal and restoration activity by the City Phase 2 - Iceplant Removal Iceplant N 0 12.5 25 Feet 1 inch = 25 feet 2 0-11]-A�11111111111 i 50 PENINSULA POINT ENCROACHMENT REMOVAL AND REPLACEMENT PLAN GLENN LUKOS ASSOCIATES Exhibit 6B )560-20NO\/\560-20 GIS\Restoration GIS\Rev 1k560-20 Restoration REV1 -Page2.mxd