(a) The following described area is established as the Kachemak Bay Critical Habitat Area:

(1) Township 4 South, Range 10 West, Seward Meridian (only tide and submerged land and waters);

(2) Township 5 South, Range 10 West, Seward Meridian (only tide and submerged land and waters);

(3) Township 5 South, Range 11 West, Seward Meridian (only tide and submerged land and waters);

(4) Township 5 South, Range 12 West, Seward Meridian (only tide and submerged land and waters);

(5) Township 6 South, Range 11 West, Seward Meridian (only tide and submerged land and waters);

(6) Township 6 South, Range 12 West, Seward Meridian (only tide and submerged land and waters);

(7) Township 6 South, Range 13 West, Seward Meridian (only tide and submerged land and waters);

(8) Township 6 South, Range 14 West, Seward Meridian (only tide and submerged land and waters);

(9) Township 7 South, Range 11 West, Seward Meridian (only tide and submerged land and waters);

(10) Township 7 South, Range 12 West, Seward Meridian (only tide and submerged land and waters);

(11) Township 7 South, Range 13 West, Seward Meridian (only tide and submerged land and waters);

(12) Township 7 South, Range 14 West, Seward Meridian (only tide and submerged land and waters);

(13) Township 8 South, Range 12 West, Seward Meridian (only tide and submerged land and waters);

(14) Township 8 South, Range 13 West, Seward Meridian (only tide and submerged land and waters);

(15) Township 8 South, Range 14 West, Seward Meridian (only tide and submerged land and waters);

(16) Township 9 South, Range 14 West, Seward Meridian (only tide and submerged land and waters);

(17) Township 9 South, Range 15 West, Seward Meridian (only tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

(18) Township 5 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

(19) Township 6 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

(20) Township 7 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

(21) Township 8 South, Range 15 West, Seward Meridian (including all tide and submerged land and waters east of a line from Anchor Point to Point Pogibshi);

(22) Township 9 South, Range 12 West, Seward Meridian (only tide and submerged land and waters).

(b) Notwithstanding (a) of this section, the land described in this subsection is excluded from the Kachemak Bay Critical Habitat Area established under (a) of this section. The land that is excluded is described as

(1) Township 6 South, Range 13 West, Seward Meridian

Section 35 (those portions of the tidelands and submerged lands lying northerly of the Homer Spit, including any portion of the Homer Small Boat Basin, within the SE1/4 of the protracted section; and any portion within The Fishin' Hole subdivision, Plat 92-39 Homer Recording District)

Section 36 (those portions of the tidelands and submerged lands, including any portion of the Homer Small Boat Basin within the S1/2 of the protracted section);

(2) Township 7 South, Range 13 West, Seward Meridian

Section 1 (those portions of the tidelands and submerged lands lying northerly or easterly of the Homer Spit, including any portion of the Homer Small Boat Basin, within the N1/2N1/2 and N1/2S1/2N1/2 of the protracted section)

Section 2 (those portions of the tidelands and submerged lands lying in the Homer Small Boat Basin within the NE1/4NE1/4NE1/4 of the protracted section).