Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo
| Published date | 27 February 2020 |
| Citation | 85 FR 11458 |
| Record Number | 2020-02642 |
| Section | Proposed rules |
| Court | Fish And Wildlife Service |
Federal Register, Volume 85 Issue 39 (Thursday, February 27, 2020)
[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Proposed Rules]
[Pages 11458-11594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02642]
[[Page 11457]]
Vol. 85
Thursday,
No. 39
February 27, 2020
Part II Department of the Interior----------------------------------------------------------------------- Fish and Wildlife Service-----------------------------------------------------------------------50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Designation of
Critical Habitat for the Western Distinct Population Segment of the
Yellow-Billed Cuckoo; Proposed Rule
Federal Register / Vol. 85 , No. 39 / Thursday, February 27, 2020 /
Proposed Rules
[[Page 11458]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8- ES-2013-0011; 4500030114]
RIN 1018-AZ44
Endangered and Threatened Wildlife and Plants; Revised
Designation of Critical Habitat for the Western Distinct Population
Segment of the Yellow-Billed Cuckoo
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), revise the
proposed critical habitat for the western distinct population segment
of the yellow-billed cuckoo (western yellow-billed cuckoo) (Coccyzus
americanus) under the Endangered Species Act. In total, approximately
493,665 acres (199,779 hectares) are now being proposed for designation
as critical habitat in Arizona, California, Colorado, Idaho, New
Mexico, Texas, and Utah. If we finalize this rule as proposed, it would
extend the Act's protections to this species' critical habitat.
DATES: We will accept comments on the revised proposed rule that are
received or postmarked on or before April 27, 2020. Comments submitted
electronically using the Federal eRulemaking Portal (see ADDRESSES
below) must be received by 11:59 p.m. Eastern Time on the closing date.
We must receive requests for public hearings, in writing, at the
address shown in FOR FURTHER INFORMATION CONTACT by April 13, 2020.
ADDRESSES: You may submit comments on the revised proposed rule or
draft economic analysis by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter Docket No. FWS-R8-ES-
2013-0011, which is the docket number for this rulemaking. Then, in the
Search panel on the left side of the screen, under the Document Type
heading, click on the Proposed Rules link to locate this document. You
may submit a comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R8-ES-2013-0011; U.S. Fish and Wildlife
Service Headquarters, MS: JAO 1/N, 5275 Leesburg Pike, Falls Church, VA
22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Information Requested section below for more information).
The coordinates or plot points or both from which the critical
habitat maps are generated will be included in the decisional record
materials for this rulemaking and are available at http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0011, and at the
Sacramento Fish and Wildlife Office at http://www.fws.gov/sacramento
(see FOR FURTHER INFORMATION CONTACT). Any additional tools or
supporting information that we may develop for this critical habitat
designation will also be available at the U.S. Fish and Wildlife
Service website and field office set out above, and may also be
included in the preamble of this rule or at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jennifer Norris, Field Supervisor,
U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office,
2800 Cottage Way, Room W-2605, Sacramento, California 95825; or by
telephone 916-414-6600. If you use a telecommunications device for the
deaf (TDD), call the Federal Relay Service (FRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Scope of this rule. The information presented in this revised
proposed rule pertains only to the western distinct population segment
of the yellow-billed cuckoo (western yellow-billed cuckoo) (DPS). Any
reference to the ``species'' within this document only applies to the
DPS and not to the yellow-billed cuckoo as a whole unless specifically
expressed. A complete description of the DPS and area associated with
the DPS is contained in the proposed and final listing rules for the
western yellow-billed cuckoo published in the Federal Register (78 FR
61621; October 3, 2013, and 79 FR 59992; October 3, 2014).
Why we need to publish a rule. Under the Endangered Species Act,
any species that is determined to be an endangered or threatened
species requires critical habitat to be designated, to the maximum
extent prudent and determinable. Designations and revisions of critical
habitat can only be completed by issuing a rule. On October 3, 2014, we
finalized listing the western yellow-billed cuckoo as a threatened
species (79 FR 59992). A proposed critical habitat designation was
published in the Federal Register on August 15, 2014 (79 FR 48548).
Based on information received from Federal, State, or local government
agencies, Tribal entities, and the public, and our review of our
previous proposed rule, we have determined to revise our previous
proposal, and to propose, as discussed herein, that approximately
493,665 acres (ac) (199,779 hectares (ha)) should be designated as
critical habitat for the western yellow-billed cuckoo.
The critical habitat areas we are proposing to designate in this
rule constitute our current best assessment of the areas that meet the
definition of critical habitat for the western yellow-billed cuckoo.
Section 4(b)(2) allows the Secretary to exclude areas if the benefits
of exclusion outweigh the benefits of inclusion as critical habitat,
unless, based on the best available scientific and commercial data
available, that exclusion would lead to extinction. In this revised
proposed designation, we have identified a total of approximately
145,710 ac (58,968 ha) that we will consider for exclusion from the
final designation (see Consideration of Impacts Under Section 4(b)(2)
of the Act).
What this document does. This is a revised proposed rule to
designate critical habitat for the western yellow-billed cuckoo. This
revised proposed designation of critical habitat identifies areas that
we propose to determine, based on the best scientific and commercial
information available, are essential to the conservation of the species
or otherwise essential for its conservation. The revised proposed
critical habitat comprises 72 units and is located in the States of
Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah.
Draft economic analysis. In order to consider economic impacts of
designating critical habitat for the western yellow-billed cuckoo, we
have examined the economic information provided in the 2014 proposed
rule (see Consideration of Economic Impacts, below, for additional
information) and have revised that information based on a revised
economic analysis for this revised proposed critical habitat
designation. We are soliciting information on the economic impact of
the revised proposed designation and will continue to reevaluate the
potential economic impacts between our proposed and final designation.
The supporting information we used in determining the economic impacts
of
[[Page 11459]]
the revised proposed critical habitat is summarized in this rule (see
Consideration of Economic Impacts) and is available at http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0011 and at the
Sacramento Fish and Wildlife Office at http://www.fws.gov/sacramento
(see FOR FURTHER INFORMATION CONTACT).
Peer review. In accordance with our peer review policy published on
July 1, 1994 (59 FR 34270), we solicited expert opinions from
appropriate and independent knowledgeable individuals on the August 15,
2014, proposed critical habitat rule (79 FR 48548). We received
responses from four individuals with scientific expertise that included
familiarity with the species, the geographic region in which the
species occurs, and conservation biology principles. We reviewed the
comments received from these four peer reviewers for substantive issues
and new information regarding critical habitat for the western yellow-
billed cuckoo. All of the peer reviewers generally concurred with our
methods and conclusions and provided additional information,
clarifications, and suggestions to improve the final critical habitat
rule. We have incorporated some of the suggestions made by the peer
reviewers into this revised proposed designation. The peer reviewer
comments are available at http://www.regulations.gov at Docket No. FWS-
R8- ES-2013-0011. We will solicit additional peer review of this
revised proposed rule and respond to the peer review comments in the
final rule as appropriate.
Public comment. We are seeking comments and soliciting information
from the public on our revised proposed designation to make sure we
consider the best available scientific and commercial information in
developing our final designation. Because we will consider all comments
and information we receive during the comment period, our final
determination may differ from this revised proposal. We will respond to
and address comments received in our final rule. Any comments
previously submitted need not be resubmitted, as they will be fully
considered in preparation of the final rule.
Information Requested
We intend that any final action resulting from this revised
proposed rule will be based on the best scientific and commercial data
available and be as accurate and as effective as possible. Therefore,
we request comments or information from other concerned governmental
agencies, Native American tribes, the scientific community, industry,
or any other interested parties concerning this revised proposed rule.
Comments previously submitted need not be resubmitted. We will consider
all comments received since the August 15, 2014, proposed designation
(79 FR 48548) and respond to those comments as appropriate in the final
designation of critical habitat for the western yellow-billed cuckoo.
For this revised proposed designation, we particularly seek comments
concerning:
(1) The western yellow-billed cuckoo's biology and range; habitat
requirements for feeding, breeding, and sheltering; and the locations
of any additional populations.
(2) Specific information on:
(a) The amount and distribution of western yellow-billed cuckoo
habitat;
(b) Information on the physical or biological features essential
for conservation of the western yellow-billed cuckoo;
(c) What areas were occupied at the time of listing that contained
those features and should be included in the critical habitat
designation and why;
(d) Special management considerations or protection that may be
needed in areas we are proposing as critical habitat, including
managing for the potential effects of climate change;
(e) What areas not occupied at the time of listing are essential
for the conservation of the western yellow-billed cuckoo and should be
included as critical habitat and why; and
(f) Whether the description and categorization of the habitat use
by the western yellow-billed cuckoo and its physical or biological
features are clear and understandable.
(3) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act, and whether the benefits of potentially excluding
them outweigh the benefits of including them, pursuant to section
4(b)(2) of the Act. Please see the Service's policy regarding
implementation of section 4(b)(2) of the Act published in the Federal
Register on February 11, 2016 (81 FR 7226).
(4) We have received information regarding existing conservation
easements or fee title purchase of private properties (conservation
properties) within proposed critical habitat Units 65 and 67 (ID-1
Snake River and ID-3 Henry's Fork). These conservation properties are
within the Bureau of Land Management's (BLM) Snake River Area of
Critical Environmental Concern (ACEC) and Special Recreation Management
Area, and have been conserved to help preserve open space, recreation
opportunities, and wildlife habitat through a partnership involving the
BLM, The Conservation Fund, The Teton Regional Land Trust, and The
Nature Conservancy (TNC). We are looking for additional information,
such as management plans or specific agreements, regarding these
conservation properties that describe the commitment and assurances of
protection of the physical or biological features for the western
yellow-billed cuckoo to help us evaluate these areas for potential
exclusion from final critical habitat designation under section 4(b)(2)
of the Act. We are also looking for information regarding private
land(s) in Unit 65 (ID-1) where landowners may be pursuing a
conservation easement or fee title purchase in the future and have
demonstrated a history of managing these lands for the conservation
benefit of western yellow-billed cuckoo habitat.
(5) Whether we should exclude State-managed lands or lands with
conservation easements from the designation (see Consideration of
Exclusion of State Lands and Lands with Conservation Easements).
(6) Whether areas proposed to be designated as revised critical
habitat along the United States/Mexico border in California, Arizona,
New Mexico, and Texas should be excluded for national security and
border security missions.
(7) Information on land ownership and land use designations and
current or planned activities in the subject areas, and their possible
impacts on the revised proposed critical habitat.
(8) Information on the projected and reasonably likely impacts of
climate change on the western yellow-billed cuckoo and revised proposed
critical habitat.
(9) Any probable economic, national security, or other relevant
impacts of designating as critical habitat any particular area that may
be included in the final designation and the benefits of including or
excluding areas where these impacts occur, including,
(a) any incremental economic costs incurred to nonfederal entities
for water withdrawals, such as State agencies or local municipalities
as a result of the designation of critical habitat, and
(b) whether the Service should exclude lands that are part of
Federal Water Resource Projects such as flood control basins,
reservoirs, and channels that have been authorized by Congress to be
constructed, operated and maintained for specific purposes such as
flood risk reduction, navigation, hydropower from the designation where
[[Page 11460]]
such designation could conflict with the authorized project purposes.
(10) Suggestions of how the Service can use programmatic section 7
consultations for the western yellow-billed cuckoo to streamline the
regulatory process.
(11) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
Please include sufficient documentation with your submission (such
as scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you present.
You may submit your comments and materials concerning this revised
proposed rule by one of the methods listed in ADDRESSES. We request
that you send comments only by the methods described in ADDRESSES.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. You may request
at the top of your document that we withhold personal information such
as your street address, phone number, or email address from public
review; however, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this revised proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Sacramento Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Previous Federal Actions
On August 15, 2014, we proposed critical habitat for the western
yellow-billed cuckoo (79 FR 48548). We reopened the public comment
period on November 12, 2014 (79 FR 67154), and provided notice of the
public hearing held in Sacramento, California, on December 2, 2014 (79
FR 71373). All other previous Federal actions are described in the
proposed and final rules to list the western yellow-billed cuckoo as a
threatened species under the Act published previously in the Federal
Register on October 3, 2013 (78 FR 61621), and October 3, 2014 (79 FR
59992). Please see those documents for actions leading to this revised
proposed designation of critical habitat.
Background
The western yellow-billed cuckoo is a migratory bird species,
traveling between its wintering grounds in Central and South America
and its breeding grounds in North America (Continental U.S. and Mexico)
each spring and fall often using river corridors as travel routes.
Habitat conditions through most of the western yellow-billed cuckoo's
range is often dynamic and may change location within or between years
depending on vegetation growth, tree regeneration, plant maturity,
stream dynamics, and sediment movement and deposition. The species'
major food resources (insects) are also similarly variable in abundance
and distribution. As a result, the western yellow-billed cuckoo's use
of an area is tied to the area's habitat condition and food resources,
which can be variable between and within years. This variability in
resources may cause the western yellow-billed cuckoo to move between
areas in its wintering or breeding grounds to take advantage of habitat
conditions and food availability. For a thorough discussion of the
western yellow-billed cuckoo's biology and natural history, including
limiting factors and species resource needs, please refer to the
proposed and final rules to list this species as threatened published
previously in the Federal Register on October 3, 2013 (78 FR 61621) and
October 3, 2014 (79 FR 59992) (available at http://www.regulations.gov
at Docket No. FWS-R8-ES-2013-0104), and the proposed critical habitat
rule, which published August 15, 2014 (79 FR 48548) (available at
http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0011). It is
our intent to discuss below only those topics directly relevant to the
revised proposed designation of critical habitat for the western
yellow-billed cuckoo. Some changes made to the 2014 proposed
designation were as a result of comments received from peer reviewers,
Federal agencies, State agencies, Tribal entities, the public, or our
review of the previous proposed designation. We have incorporated some
of the suggested changes where appropriate for this proposed revision.
Ownership Mapping Considerations
The revised proposed designation of critical habitat for the
western yellow-billed cuckoo encompasses a wide geographic area and
extends across seven western States (AZ, CA, CO, ID, NM, TX, and UT).
Obtaining current up-to-date and consistent mapping and land ownership
information for such a large area is challenging. Because of this
reason and requirements to use certain land ownership information under
Service policy and to be as consistent as possible in mapping across
the range of the species, our mapping and land ownership efforts relied
on using a single land ownership ArcGIS source file to identify land
ownership (Federal, State, Tribal, local, private) where it was
available. In areas where this single layer was not available (i.e.,
Texas), or more specific information was provided by the landowner, we
used other (Federal, State, County, Tribal, private) land ownership
information or the more specific land ownership information provided by
the landowner. We have attempted to correct any land ownership
identified during public comment from the previous proposed
designation. However, we expect that not all land ownership may be
correctly identified, and we will continue to make changes and
incorporate those land ownership changes in the final designation.
Critical Habitat
Background
For additional background information on western yellow-billed
cuckoo critical habitat under section 3 and section 4 of the Act, see
the Background section in the August 15, 2014, proposed critical
habitat rule (79 FR 48549-48550).
Our regulations at 50 CFR 424.12(b) outline the steps the Secretary
must take in determining areas to be designated as critical habitat. In
summary, these steps are to identify the geographical area occupied by
the species at the time of listing, identify the physical and
biological features essential to the conservation of the species,
determine the specific areas within the geographical area occupied by
the species that contain the physical or biological features, and then
determine which of these features within those identified areas may
require special management considerations or protections. The
geographical area occupied by the species at the time of listing is
defined at 50 CFR 424.02 as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals). If designating the occupied
areas that meet the definition of critical habitat would be inadequate
to ensure the conservation of the species, the
[[Page 11461]]
Secretary may designate as critical habitat unoccupied areas that meet
the definition of critical habitat at 16 U.S.C. 1532(5)(A)(ii).
Occupancy Determination
The geographical area occupied at the time of listing by the
western yellow-billed cuckoo DPS extends from southern British
Columbia, Canada, to southern Sinaloa, Mexico, and may occur from sea
level to over 7,000 feet (ft) (2,154 meters (m)) in elevation. Due to
the reclusive nature of the species, the remoteness of some areas it
occupies, difficulty in conducting surveys, and inconsistent survey
methodology, the majority of the species' range has not been surveyed
on a regular basis or have comparable survey data to give an absolute
determination of population demographics, distribution, and occupancy.
However, despite these survey challenges, some key areas throughout the
DPS where the species is known to occur and breed more regularly, such
as on the Sacramento, Kern, Verde, Colorado, San Juan, Salt, Snake, San
Pedro, Gila, and Rio Grande Rivers, and several other smaller areas
have been surveyed more consistently and give some indication of
persistence and site fidelity. The majority of these sites are located
in California and Arizona. The last statewide surveys (encompassing a
large proportion of the major rivers and tributaries) for California
and Arizona were conducted between 1998 and 2000 (Arizona (1998 to
1999), and California (1999 to 2000)). Therefore, we based our analysis
of occupancy on detection records starting in 1998 and ending in 2014,
when we listed the DPS as a threatened species. Although prior survey
efforts and records of western yellow-billed cuckoo have been conducted
outside California and Arizona, these efforts have been more localized
or not consistent. The 1998-2014 timeframe was chosen because it
includes the last statewide western yellow-billed cuckoo surveys in
areas where the majority of individuals within the DPS occur and
represents the best available information on long-term occupancy.
Specific Areas Outside the Geographical Area Occupied by the DPS
We are not currently proposing to designate any areas outside the
geographical area occupied by the species at the time of listing
because the occupied areas identified for designation provide
sufficient representation of habitat (i.e., ecological diversity) and
redundancy (i.e., the duplication and distribution of resilient
populations across the range of the species allowing for the ability of
a species to withstand catastrophic events) throughout the range of the
DPS for the conservation of the species. All areas proposed as western
yellow-billed cuckoo critical habitat are within the geographical area
occupied by the DPS at the time of listing (2014) and contain the
features essential to the conservation of the species. However, due to
increased survey efforts since listing, we did receive some additional
post-listing occupancy information for the species. We used this post-
listing survey information to confirm frequency and continued
occupation of certain areas, but not to identify new areas outside the
geographical area occupied by the species. Based on habitat at the
sites and occupancy of the species near these sites, we propose to
determine occupancy of these sites to be same as at the time of listing
and not new occupancy since the time of listing due to our knowledge of
habitat conditions and occupancy information in surrounding areas.
Although we believe that the available evidence is sufficient for
us to conclude that the units were occupied by the western yellow-
billed cuckoo at the time the species was listed, for the purposes of
this rulemaking, we also propose to determine that the revised proposed
designation alternatively meets the definition of critical habitat in
section 3(5)(A)(ii) of the Act in that the identified areas are also
essential for the conservation of the species. Our rationale for this
proposed determination is outlined below.
The western yellow-billed cuckoo is migratory, difficult to
observe, and elusive in behavior, and chooses nesting areas based on
habitat conditions and localized and variable prey outbreaks. In
addition, western yellow-billed cuckoo breeding habitat is typically
dynamic. For example, some breeding habitat that is not suitable one
year may become suitable the next due to increased rainfall or flooding
events. Other areas currently suitable and occupied may become degraded
due to age or other environmental condition (e.g., water availability,
lack of food resource). Therefore, in our proposed determination of the
extent of critical habitat, we took into account this need to
accommodate the dynamic nature of existing habitat. Further, the
species needs habitat areas that are arranged spatially to maintain
connectivity and allow dispersal within and between units that provide
for redundancy.
All of the areas that support the western yellow-billed cuckoo face
threats including habitat fragmentation and degradation, altered
hydrology, livestock grazing, nonnative vegetation, human disturbance,
and the effects of climate change. Providing for a variety of habitat
(i.e., representation) primarily where the U.S. core breeding
population occurs in Arizona and New Mexico (redundancy) may provide
for amelioration against these threats and provide for the conservation
of the species.
Therefore, given the threatened status and the relatively small
number of extant western yellow-billed cuckoo breeding locations within
the DPS and the need to protect the species' habitat variability and
distribution, a critical habitat designation limited to areas confirmed
to be occupied by breeding birds through specific surveys at the time
of listing would be inadequate to provide for the conservation of the
species. Accordingly, we propose to determine that the areas
alternatively meet the definition of critical habitat under section
3(5)(A)(ii) of the Act, meaning that we consider these areas to be
essential for the conservation of the species, as they represent the
various ecological (representation) and distributional aspects
(redundancy) and provide for connectivity and dispersal areas for the
species when not used for breeding.
Habitat Outside the United States
Within the identified geographical area occupied at the time of
listing (see Figure 2 in the final listing rule (79 FR 59999, October
3, 2014), the habitat areas used by the species are located from
southern British Columbia, Canada, to southern Sinaloa, Mexico. Because
we do not designate as critical habitat areas outside the United States
(50 CFR 424.12(g)), we did not examine areas in Canada and Mexico;
however, conservation of habitat that meets the conditions described in
this designation in Canada and especially in Mexico may be important to
recovery of the species. Similarly, we did not examine habitat areas on
the wintering grounds in South America and the intervening areas in
Central America or the Caribbean that are used as stop-over sites
during migration, yet these areas may also be important for recovery of
the species.
Prudency Determination
Section 4(a)(3) of the Act, as amended, and its implementing
regulations (50 CFR 424.12), require that, to the maximum extent
prudent and determinable, the Secretary shall designate critical
habitat at the time the species is determined to be an endangered or
threatened species. The regulations at 50 CFR 424.12(a)(1) state
[[Page 11462]]
that the Secretary may, but is not required to, determine that a
designation would not be prudent in the following circumstances: (1)
The species is threatened by taking or other human activity and
identification of critical habitat can be expected to increase the
degree of such threat to the species; (ii) The present or threatened
destruction, modification, or curtailment of a species' habitat or
range is not a threat to the species, or threats to the species'
habitat stem solely from causes that cannot be addressed through
management actions resulting from consultations under section 7(a)(2)
of the Act; (iii) Areas within the jurisdiction of the United States
provide no more than negligible conservation value, if any, for a
species occurring primarily outside the jurisdiction of the United
States; (iv) No areas meet the definition of critical habitat; or (v)
The Secretary otherwise determines that designation of critical habitat
would not be prudent based on the best scientific data available.
There is currently no imminent threat of take attributed to
collection or vandalism identified under Factor B for this species, and
identification and mapping of critical habitat is not expected to
initiate any such threat. In our listing determination for the western
yellow-billed cuckoo, we determined that the present or threatened
destruction, modification, or curtailment of habitat or range is a
threat to the western yellow-billed cuckoo and that those threats in
some way can be addressed by section 7(a)(2) consultation measures. The
breeding range of the species occurs largely in the jurisdiction of the
United States, and we are able to identify areas that meet the
definition of critical habitat. Therefore, because none of the
circumstances enumerated in our regulations at 50 CFR 424.12(a)(1) has
been met and because there are no other circumstances the Secretary has
identified for which this designation of critical habitat would be not
prudent, we have determined that the designation of critical habitat is
prudent for the western yellow-billed cuckoo.
Critical Habitat Determinability
Having determined that designation is prudent under section 4(a)(3)
of the Act, we must find whether critical habitat for the western
yellow-billed cuckoo is determinable. Our regulations at 50 CFR
424.12(a)(2) state that critical habitat is not determinable when one
or both of the following situations exist: (i) Data sufficient to
perform required analyses are lacking, or (ii) The biological needs of
the species are not sufficiently well known to identify any area that
meets the definition of ``critical habitat.'' When critical habitat is
not determinable, the Act allows the Service an additional year to
publish a critical habitat designation (16 U.S.C. 1533(b)(6)(C)(ii)).
We reviewed the available information pertaining to the biological
needs of the species and habitat characteristics where this species is
located. We conclude that this information is sufficient for us to
conduct both the biological and economic analyses required for the
critical habitat determination; that this and other information
represent the best scientific data available; and that the designation
of critical habitat is now determinable for the western yellow-billed
cuckoo.
Conservation Strategy and Selection Criteria Used To Identify Critical
Habitat
As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. In accordance
with the Act and our implementing regulations at 50 CFR 424.12(b), we
review available information pertaining to the habitat requirements of
the species and identify specific areas to consider for designation as
critical habitat. We look for areas that meet those habitat
requirements (i.e., contain the physical and biological features
essential for the conservation of the species) within the geographical
area occupied by the species at the time of listing and for any areas
outside the geographical area occupied by the species that are
essential for the conservation of the species.
To determine and select appropriate occupied areas that contain the
physical or biological features essential to the conservation of the
species or areas otherwise essential for the conservation of the
western yellow-billed cuckoo, we developed a conservation strategy for
the species. The goal of our conservation strategy for the western
yellow-billed cuckoo is to recover the species to the point where the
protections of the Act are no longer necessary. The role of critical
habitat in achieving this conservation goal is to identify the specific
areas within the western yellow-billed cuckoo's range that provide
essential physical and biological features, without which areas range-
wide resiliency, redundancy, and representation could not be achieved.
This, in turn, requires an understanding of the fundamental parameters
of the species' biology and ecology based on well-accepted
conservation-biology and ecological principles for conserving species
and their habitats, such as those described by Carroll et al. (1996,
pp. 1-12); Meffe and Carroll (1997, pp. 347-383); Shaffer and Stein
(2000, pp. 301-321); Natural Resources Conservation Service (NRCS) 2004
(entire); Tear et al. (2005, pp. 835-849) and Wolf et al. (2015, pp.
200-207); and more general riparian and avian conservation management
prescriptions such as those described in Service 1985; Gardner et al.
1999; Wyoming Partners in Flight 2002; Rich et al. 2004; Riparian
Habitat Joint Venture (RHJV) 2004; Shuford and Gardali 2008; and Griggs
2009.
Conservation Strategy
In developing our conservation strategy for determining what areas
to include as critical habitat for the western yellow-billed cuckoo, we
focused on the western yellow-billed cuckoo's breeding habitat.
Breeding habitat includes areas for nesting and foraging and also
provides for dispersal habitat when breeding or food resources may not
be optimal. Breeding habitat is widely spread across the species' range
and typically provides the physical and biological features essential
to the conservation of the species without which range-wide resiliency,
redundancy, and representation of the species could not be achieved. As
explained further below, this focus led to the inclusion of breeding
habitat within three general habitat settings as part of the
conservation strategy. The three general settings include: (1) Large
river systems (mainstem rivers and their tributaries) in the southern
and central portions of New Mexico, Arizona, and along the California
border with Arizona (generally referred to as the Southwest); (2)
locations within southern Arizona not associated with major river
systems or their tributaries; and (3) large river systems outside the
Southwest (as identified in (1) above) that occur in different
ecological settings that are being consistently used as breeding areas
by western yellow-billed cuckoo (such as areas in parts of California,
Utah, Idaho, or Colorado).
As discussed above, the western yellow-billed cuckoo is a migratory
species that travels long distances to take advantage of localized food
resource outbreaks or habitat availability. Maintaining breeding areas
(which includes nesting habitat, foraging habitat, and dispersal
habitat) throughout the range of the western yellow-billed cuckoo
allows for within-year and year-to-year movements to take advantage of
any spatial and temporal changes in habitat resources and food
abundance. We consider this necessary to conserve the species because
of the
[[Page 11463]]
dynamic nature of habitat used by the species. Identifying habitat
across the species' range: (a) Helps maintain a robust, well-
distributed population and enhances survival and productivity of the
western yellow-billed cuckoo as a whole; (b) facilitates interchange of
individuals between units; and (c) promotes recolonization of any sites
within the current range of the species that may experience declines or
local extirpations due to low productivity or temporary habitat loss or
changes in resource availability; and allows for use of areas not being
used as breeding as habitat for movement and dispersal.
The western yellow-billed cuckoo breeding coincides with moist and
humid conditions that support abundant prey resources occurring in the
temperate zones of the western United States and northern Mexico during
the late spring and summer. Breeding areas of the western yellow-billed
cuckoo occur primarily in riparian woodlands along perennial rivers or
intermittent or ephemeral drainages containing vegetative structure,
canopy cover, and appropriate environmental conditions. These areas
provide suitable nesting habitat and adjacent foraging habitat with
adequate food resources on a consistent basis to successfully produce
and fledge young.
In general, the north-south migratory pathway of the western
yellow-billed cuckoo funnels through northern Mexico into the American
southwest, with a significant portion of returning birds establishing
breeding territories along large river systems (mainstem rivers and
their tributaries) in the southern and central portions of New Mexico,
Arizona, and along the California border with Arizona. A large
proportion of breeding western yellow-billed cuckoos also occur in
large river systems in northwestern Mexico, primarily in Sonora and
Sinaloa, with smaller numbers in Chihuahua and Western Durango, and the
tip of Baja California. While returning western yellow-billed cuckoos
also establish breeding territories throughout portions of the western
States north of Arizona and New Mexico, these large southwestern and
Mexican river systems (including but not limited to the Lower Colorado,
Salt, Virgin, San Pedro, Gila, Verde, and Rio Grande Rivers) serve as
core breeding habitats for the western yellow-billed cuckoo as it
returns from wintering grounds in South America. These core areas
together provide a consistent, robust supply of resources necessary for
the maintenance and expansion of western yellow-billed cuckoos. We
consider the large river systems (mainstem rivers and their
tributaries) in the southern and central portions of New Mexico,
Arizona, and along the California border with Arizona to be core areas
for conservation of the western yellow-billed cuckoo, and they
constitute the first part of our conservation strategy in determining
its critical habitat. The core mainstem rivers and streams along with
their major tributaries and adjacent habitats contain the physical or
biological features essential for the conservation of the western
yellow-billed cuckoo.
However, these managed large river systems may not provide
sufficient breeding habitat for the western yellow-billed cuckoo in all
years (for example, in low flow years the amount of breeding habitat
along rivers is diminished), and unregulated smaller tributaries
supported or influenced by monsoonal weather patterns may assist in
supporting breeding western yellow-billed cuckoos during low flow or
drought conditions. Thus, the second part of our conservation strategy
includes areas within southern Arizona not associated with major river
systems or their tributaries as identified above. In southern Arizona,
western yellow-billed cuckoo also use drier habitats for breeding sites
in the desert, foothill, and mountain ephemeral drainages of southern
Arizona and northwestern Mexico (including but not limited to desert
grasslands and scrub, and Madrean evergreen woodlands). These areas
receive moisture from the seasonal North American Monsoon weather
systems and other summer tropical storm events. During the breeding
season, these habitats experience a ``flush'' of vegetation and
concurrent insect population eruptions. A portion of the DPS uses these
wet-seasonal or monsoonal habitats in southern Arizona and Mexico for
breeding habitat. Use of these types of sites by the western yellow-
billed cuckoo provides additional resiliency to the species due to the
different weather patterns and hydrological regimes that produce the
habitat conditions suitable for breeding. The availability of these
additional resilient sites in southern Arizona and northwestern Mexico
other than the large southwestern and Mexican river systems described
above increases the overall redundancy for the species. Therefore, the
southwestern monsoon-driven drainages with sufficient resources for
western yellow-billed cuckoo foraging and successful breeding are
essential for the overall resiliency and redundancy of the DPS, and is
therefore essential to allow for conservation of the western yellow-
billed cuckoo across its range.
Finally, while large riverine riparian systems in the core area of
the American southwest are fundamentally important for their ability to
contribute to the resiliency of the western yellow-billed cuckoo due to
the abundance of birds in these areas, similar systems throughout the
western yellow-billed cuckoo range are also likely important
contributors to local resiliency and maintaining distribution of the
western yellow-billed cuckoo across its range. These large river
systems outside the southwest that are being consistently used as
breeding areas by western yellow-billed cuckoo have been identified as
the third part of our conservation strategy for determining critical
habitat. These areas are located in habitats identified as being within
different ecological settings, eco-types, or physio-geographic
provinces and provide for additional redundancy and representation for
the western yellow-billed cuckoo across its breeding range. The
physical and biological features of large river systems in differing
habitats with sufficient resources for western yellow-billed cuckoo
foraging and successful breeding are likely important for contributing
to the western yellow-billed cuckoo's overall resiliency, redundancy,
and representation, and are therefore essential for conservation of the
western yellow-billed cuckoo across its range. Habitats and
environmental settings in the arid Southwest differ significantly from
those in central California or higher elevation areas of Utah, Idaho,
or Colorado. By identifying known breeding habitat of appropriate size
throughout the species' range, we provide habitat where yellow-billed
cuckoos are most likely to persist and potentially increase in numbers.
Selection Criteria and Methodology Used To Determine Critical Habitat
As discussed above, to assist in determining which areas to
identify as critical habitat for the western yellow-billed cuckoo, we
focused our selection on areas known to have breeding or suspected
breeding. To do this, we selected those areas that are occupied on a
continuous or nearly continuous basis each year during the breeding
season. These areas were selected because they contain the physical and
biological features essential to the conservation of the species
necessary for western yellow-billed cuckoos to produce offspring, have
ample foraging habitat, vegetative structure, environmental conditions,
and prey. By selecting breeding areas as critical habitat across the
western yellow-billed
[[Page 11464]]
cuckoo's range, we will assist in conserving the ability of the species
to continue to occupy these areas. Moreover, the breeding habitat is
most likely to be essential to the conservation of the species because
of the importance of breeding for survival and recovery of the species.
We considered an area to be a breeding area if it was occupied by
the western yellow-billed cuckoo in one of the following two ways:
If western yellow-billed cuckoos were present in the area
on one or more days between June 1 and September 30 (considered to be
the primary breeding period) in at least two years between 1998 and
2014; and
If western yellow-billed cuckoo were confirmed to be a
pair and nesting (or there was evidence of nesting behavior) was
observed in at least one year between 1998 and 2014, regardless of the
time of year. Thus, if the mated pair or evidence of nesting behavior
was discovered prior to June 1, the area was considered to be a
breeding area.
In addition to these fundamental criteria established for breeding
areas across the DPS range, we identified exceptions to the criteria
for areas in the Southwest (Arizona and New Mexico). This was to take
into account the greater contribution of the breeding areas for the DPS
within the Southwest and because of the migratory nature of the species
moving up from Mexico through the Southwest, either to or from other
breeding areas. The exceptions to the criteria include:
Areas in the Southwest were not considered to be breeding
areas if the area contains only two western yellow-billed cuckoo
records from different years, one of which was in September, and no
pairs were detected. (Although western yellow-billed cuckoos are still
breeding in September in Arizona, a September detection may or may not
signify breeding.); and
Areas in the Southwest were not considered to be breeding
areas if western yellow-billed cuckoos previously detected during
protocol surveys were absent in all subsequent visits during the same
breeding season.
Another aspect of our strategy was to avoid selection of small and
isolated riparian areas in the designation. Because of having limited
resources, these small sites are not always occupied and typically
support one to two breeding pairs but not every year. In addition,
small and isolated areas are more susceptible to stochastic or
catastrophic events such as flooding from major storms, prolonged
drought, or wildfire. One of the goals of the conservation strategy is
to include those areas that are considered core areas and contribute
significantly to the overall population by producing a relatively large
numbers of birds. These small isolated areas are not considered part of
our conservation strategy. Although these areas may be important and
assist in recovery of the species, we propose to determine that small,
isolated sites with sufficient habitat for only one or two pairs of
western yellow-billed cuckoos would not contribute significantly and
are not essential to the conservation of the DPS and therefore not
being considered as critical habitat.
As described above, to delineate the proposed units of critical
habitat, we first looked to those areas being used as breeding areas.
We defined what we considered breeding areas as those areas that
contained seasonal occurrences of the western yellow-billed cuckoo
between 1998 and 2014, at the timeframe in which breeding typically
occurs for the species in the United States (June-September). In
limited instances, this timeframe was expanded into May if the
information available confirmed breeding activity during this earlier
timeframe. These breeding occurrences (location points where breeding
or breeding activity was confirmed) were then plotted on maps along
with information on vegetation cover, topography, and aerial imagery.
We then delineated habitat around that location, as well as riparian
habitat upstream and downstream from the occurrence location.
We used reports prepared by the U.S. Geological Survey (USGS), U.S.
Forest Service (USFS), National Park Service (NPS), Bureau of Land
Management (BLM), Bureau of Reclamation (Reclamation), the Salt River
Project, State wildlife agencies, State natural diversity data bases,
Cornell Lab of Ornithology (eBird data), researchers, nongovernment
organizations, universities, and consultants, as well as available
information in our files, to determine the location of areas used for
breeding within the geographical area occupied by the western yellow-
billed cuckoo at the time of listing. As stated above, since 2014, we
have become aware of additional areas occupied by the species with
evidence of breeding. We still consider these areas to have been
occupied by the species at the time of listing, based on habitat
conditions and occupancy of nearby areas.
When delineating the critical habitat boundary, we included the
surrounding contiguous suitable habitat (including along the stream
course and in uplands for foraging) upstream and downstream until a
break in the vegetation of 0.25 miles (mi) (0.62 kilometers (km)) or
more is reached. This distance was used because the western yellow-
billed cuckoo rarely traverses distances across breaks in the
vegetation greater than 0.25 mi (0.62 km) in their daily foraging
activities (Laymon 1980, pp. 6-8; Hughes 2015, p. 12). Upland habitat
surrounding river, stream, or drainages was also included within the
designation because the area is used for foraging. In some instances,
we included breaks in habitat to combine one or more areas if we
determined that: (1) The gap in vegetation was within minor variances
of this distance; (2) the habitat on the other side of the gap was a
continuation of similar or better suitable habitat and included
breeding occupancy as identified above; or (3) the gap in vegetation
was determined to be a consequence of natural stream dynamics essential
to the continuing function of the hydrologic processes of the occupied
areas. By providing breaks in habitat and combining areas, we allow for
regeneration of vegetation in these areas, which is often more
productive and provides additional food resources for the species and
allows for appropriate habitat conditions for use when dispersing to
other breeding locations.
Delineating the boundary of critical habitat was accomplished by
evaluating aerial imagery, occurrence records, and vegetation
information, until a break in the vegetation of 0.25 mi (0.62 km) or
more was reached, at which point the upstream or downstream and lateral
extent of the area was reached. In California, western yellow-billed
cuckoos forage mainly within the riparian woodland habitat or directly
adjacent uplands when breeding (Laymon 1980, pp. 6-8; Hughes 2015, p.
12). In New Mexico, similar foraging activity has been observed
(Sechrist et al. 2009, pp. 24-50). The foraging activity in Madrean
evergreen woodland habitat (in Arizona and New Mexico) where breeding
activity has also been observed has not been studied. However, based on
foraging behavior in other habitats in the west, we expect the foraging
distance to remain relatively close to the nesting habitat. For
determining the upland extent of habitat within southwestern breeding
habitat, we delineated woodland habitat in the drainage bottom and
adjacent hillside. In addition, riparian corridors along streams,
especially in highly developed areas, can in some instances be very
narrow, highly degraded, and be characterized as a patchwork of
vegetated and nonvegetated areas.
Whether these habitat areas were included or combined into a single
larger unit depended on the extent of
[[Page 11465]]
use of the areas by western yellow-billed cuckoo, the relative amount
of habitat gained if the multiple patches were included or combined,
the relationship of the area to the overall designation, and the ease
or complexity of removing all nonhabitat from the designation. In
addition, by combining these areas, they then better meet an
appropriate scale of analysis, given the data as is described in our
regulations for determining critical habitat (50 CFR 424.12(b)(1)). For
example, if a break in habitat occurred between an area with high
occupancy with sufficient habitat and an area with low occupancy, the
adjacent area may not have been included. Alternatively, if two smaller
areas with relatively low occupancy were adjacent to each other, those
areas most likely would have been combined to form a single, larger,
more manageable area.
To distinguish between the western yellow-billed cuckoo more
typical breeding habitat in riparian areas throughout the range from
breeding habitat recently found in more arid areas of the Southwest, we
use the terms ``rangewide breeding habitat'' and ``southwestern
breeding habitat,'' respectively (see Space for Individual and
Population Growth and for Normal Behavior below). In rangewide breeding
habitat, we generally selected low-gradient streams containing the
physical and biological features that were greater than 200 ac (81 ha))
in size. Areas smaller than 200 ac (81 ha) tend to be isolated and may
contain sufficient habitat for only one or two pairs of western yellow-
billed cuckoos and tend to be occupied sporadically. In considering the
extent of each area, in some cases we included the entire streambed as
well as the presently vegetated areas. Streams, especially those with
intermittent flows, migrate within the streambed depending on flows and
other natural fluvial processes. The vegetated areas within the
streambed may also move to coincide with the stream movement. As a
result, the whole area may not be contiguously vegetated. In these low-
gradient rangewide riparian breeding habitats (i.e., cottonwood,
willow), areas that currently contain less than 200 ac (81 ha) of
riparian habitat were not selected. However, in some areas of the
Southwest, the physical or biological features for areas used as
breeding habitat vary from other locations in the range of the western
yellow-billed cuckoo. These areas occur in Arizona and New Mexico and
are associated with summer monsoonal moisture and are smaller, narrower
habitat areas that may extend into upland areas (areas dominated by
mesquite and oak) with higher gradient. Selection of these areas
depended upon the amount of use of the area by the species and its
relative proximity to other selected areas. As a result, these habitat
sites were selected on a case-by-case basis to provide for the
variability of habitat use by the species in these areas.
We have not included critical habitat units within Oregon or
Washington because the species has been extirpated as a breeder from
those States since at least the 1940s (Littlefield 1988, p. 2;
Washington Department of Fish and Wildlife 2013, pp. 200-201), and
recent observations of the species, although promising, have not
coincided for the most part with suitable breeding habitat and appear
to be dispersing but not breeding birds. We also did not include
occupied areas within Montana, Nevada, and Wyoming. The reasons for not
including critical habitat in these States is that we believe that
sufficient areas already have been identified within this revised
proposed designation and these areas do not meet our conservation
strategy for designating critical habitat. The conservation strategy
focuses on areas with confirmed breeding. No confirmed breeding has
been identified in Montana or Wyoming. In Nevada, the only known areas
where the western yellow-billed cuckoo has confirmed breeding is in the
southern part of the State near the borders of California and Arizona.
These habitats are essentially the same as those identified in the
southwest in Arizona and New Mexico, but do not significantly
contribute to population numbers for the western yellow-billed cuckoo.
Should we receive information during the public comment period that
supports designating as critical habitat areas not included in the
revised proposed units (see Revised Proposed Critical Habitat
Designation, below), we will reevaluate our current revised proposal.
Sources of data reviewed or cited for this species in the
development of critical habitat include peer-reviewed articles,
information maintained by universities and State agencies, existing
State management plans, species-specific reports, habitat information
sources, climate change studies, incidental detections, and numerous
survey efforts conducted throughout the species' range, including but
not limited to the more recent information below: Corman and Magill
2000; Dockens and Ashbeck 2011; Salt River Project 2011a; Beason 2012;
Dettling and Seavy 2012; Gardali et al. 2012; Johnson et al. 2012;
McCarthy 2012; McNeil et al. 2012; Sechrist et al. 2012; Greco 2013;
IPCC 2013a; Johnson et al. 2013c; McNeil et al. 2013b; Pederson et al.
2013; Rohwer and Wood 2013; Scribano 2013; Sechrist et al. 2013;
Stromberg et al. 2013; Wallace et al. 2013; WestLand Resources 2013a,
b, c; American Birding Association 2014,; Ault et al. 2014; Garfin et
al. 2014; IPCC 2014; Melillo et al. 2014; Orr et al. 2014; Stanek 2014;
Villarreal et al. 2014; Dettling et al. 2015; Griffen 2015; Hughes
2015; MacFarland and Horst 2015, 2017; Van Dooremolen 2015; WestLand
Resources 2015 a,b,c,d,e; Arizona Game and Fish Department 2016-2018;
Cornell Lab of Ornithology 2016-2018; Corson 2018; RiversEdge West
2007-2018; and Sferra et al. 2019. For additional information, see
References Cited, below.
The amount and distribution of critical habitat that we are
proposing will give the western yellow-billed cuckoo the opportunity to
potentially: (1) Maintain its existing distribution; (2) move between
areas depending on food, resource, and habitat availability; (3)
increase the size of the population to a level where it can withstand
potentially negative genetic or demographic impacts; and (4) maintain
its ability to withstand local- or unit-level environmental
fluctuations or catastrophes.
When determining the revised proposed critical habitat boundaries,
we made every effort to avoid including developed areas, such as lands
covered by buildings, pavement, and other structures, because such
lands lack physical or biological features for the western yellow-
billed cuckoo. The scale of the maps we prepared under the parameters
for publication within the Code of Federal Regulations may not reflect
the exclusion of such developed lands. Any such lands inadvertently
left inside critical habitat boundaries shown on the maps of this
revised proposed rule have been excluded by text in the proposed rule
and are not proposed for designation as critical habitat. Therefore, if
the critical habitat is finalized as proposed, a Federal action
involving these nonhabitat lands would not trigger consultation under
section 7 of the Act with respect to critical habitat and the
requirement of no adverse modification, unless the specific action
would affect the physical or biological features of designated habitat
surrounding or adjacent to the nonhabitat areas.
The critical habitat designation is defined by the maps, as
modified by any accompanying regulatory text, presented at the end of
this document in the Proposed Regulation Promulgation section. We
include more detailed
[[Page 11466]]
information on the boundaries of the critical habitat designation in
the unit descriptions below. We will make the coordinates or plot
points or both on which each map is based available to the public on
the internet at http://www.regulations.gov at Docket No. FWS-R8-ES-
2013-0011, and at the Sacramento Fish and Wildlife Office at http://www.fws.gov/sacramento (see FOR FURTHER INFORMATION CONTACT, above).
Physical or Biological Features
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12(b), in determining which areas within the geographical
area occupied by the species at the time of listing to designate as
critical habitat, we consider the physical or biological features that
are essential to the conservation of the species and which may require
special management considerations or protection. For example, essential
physical features for various species might include gravel of a
particular size required for spawning, alkali soil for seed
germination, protective cover for migration, or susceptibility to
flooding or fire that maintains necessary early-successional habitat
characteristics. Biological features might include prey species, forage
grasses, specific kinds or ages of trees for roosting or nesting,
symbiotic fungi, or a particular level of nonnative species consistent
with conservation needs of the listed species. The features may also be
combinations of habitat characteristics and may encompass the
relationship between characteristics or the necessary amount of a
characteristic needed to support the life history of the species.
In considering whether features are essential to the conservation
of the species, we may consider an appropriate quality, quantity, and
spatial and temporal arrangement of habitat characteristics in the
context of the life-history needs, condition, and status of the
species. These characteristics include, but are not limited to, space
for individual and population growth and for normal behavior; food,
water, air, light, minerals, or other nutritional or physiological
requirements; cover or shelter; sites for breeding, reproduction, or
rearing (or development) of offspring; and habitats that are protected
from disturbance.
We derive the specific physical or biological features required for
the western yellow-billed cuckoo from studies of this species' habitat,
ecology, and life history as described below. Additional information
can be found in the proposed and final listing rules published in the
Federal Register on October 3, 2013 (78 FR 61621), and October 3, 2014
(79 FR 59992), respectively. The physical or biological features
identified here focus primarily on breeding habitat and secondarily on
foraging habitat because most of the habitat relationship research data
derive from studies of these activities. Much less is known about
migration, stop-over, or dispersal habitat within the breeding range;
however, for these purposes, western yellow-billed cuckoos do use a
variety of habitats that may or may not be used for breeding. As a
result, we do not think that habitat for these purposes is limiting and
we have not specifically identified areas for these purposes in our
designation. As stated above, the species' use of an area for breeding
purposes depends on food availability and habitat conditions. If those
conditions are not adequate (i.e., prey not present, environmental
conditions not favorable), the species may still use the area for the
other purposes identified above. Due to the species' capabilities and
behavioral response to resource availability, we conclude that
conservation of sufficient habitat for breeding will also provide
sufficient habitat for the other activities. Although the wintering and
nesting habitat for the western yellow-billed cuckoo that occurs
outside of the United States is not considered for critical habitat
designation, some information on breeding, migration, and wintering
habitat outside the United States is provided. We propose to determine
that the following physical or biological features are essential to the
conservation of the western yellow-billed cuckoo.
Space for Individual and Population Growth and for Normal Behavior
General breeding (nesting) habitat conditions. The western yellow-
billed cuckoo occurs and breeds during the breeding season (generally
from May through September) in a subset of its historical range in the
western United States. The western yellow-billed cuckoo uses nesting
sites in riparian habitat where conditions are typically cooler and
more humid than in the surrounding environment (Gaines and Laymon 1984,
p. 75; Laymon 1998, pp. 11-12; Corman and Magill 2000, p. 16). Riparian
habitat characteristics, such as dominant tree species, size and shape
of habitat patches, tree canopy structure, vegetation height, and
vegetation density, are important parameters of western yellow-billed
cuckoo breeding habitat. Western yellow-billed cuckoos are found across
the DPS in riparian woodlands along low-gradient streams with large
patches of cottonwood (Populus spp.) and willow (Salix spp.) riparian
vegetation usually with an overstory and understory component of other
tree species, including but not limited to boxelder (Acer negundo); ash
(Fraxinus spp.); walnut (Juglans spp.); and sycamore (Platanus spp.)
(Gaines 1974b, pp. 7-9; Gaines and Laymon 1984, pp. 59-66; Groschupf
1987 pp. 5, 8-11, 16-18; Laymon and Halterman 1989, pp. 274-275; Corman
and Magill 2000, pp. 5, 10, 11, 15, 16; Dettling and Howell 2011a, pp.
27-28). In California, the species is typically found in riparian
woodland areas along low-gradient streams with large patches of
cottonwood (Populus spp.) and willow (Salix spp.) riparian vegetation
with an overstory and understory component of other tree species,
including but not limited to boxelder (Acer negundo); Oregon ash
(Fraxinus latifolia); California black walnut (Juglans californica);
California sycamore (Platanus racemosa); Fremont cottonwood (Populus
fremontii); and valley oak (Quercus lobata) (Gaines 1974b, pp. 7-9;
Gaines and Laymon 1984, pp. 59-66; Laymon and Halterman 1989, pp. 274-
275; Dettling and Howell 2011a, pp. 27-28).
In addition to the riparian trees found across the species' range,
the vegetation making up the breeding habitat of the western yellow-
billed cuckoo in some areas, especially in the more arid Southwest,
includes some other native and nonnative xero-riparian and upland non-
riparian trees and large shrubs, such as, but not limited to: Mesquite
(Prosopis spp.), hackberry (Celtis reticulata and C. ehrenbergiana),
soapberry (Sapindus saponaria), oak (Quercus spp.), acacia (Acacia
spp., Senegalia greggi), mimosa (Mimosa spp.), greythorn (Ziziphus
obtusifolia), desert willow (Chilopsis linearis), juniper (Juniperus
spp.), Arizona cypress (Cupressus arizonica), pine (Pinus spp.), alder
(Alnus rhombifolia and A. oblongifolia), wolfberry (Lycium spp.),
Russian olive (Elaeagnus angustifolia), and tamarisk (Tamarix spp.)
(Groschupf 1987 pp. 5, 8-11, 16-18; Corman and Magill 2000, pp. 10, 15,
16; Corson 2018, pp. 5, 6-20; Sferra et al. 2019, p. 3).
Western yellow-billed cuckoo nests have been documented in Fremont
cottonwood, Goodding's black willow (Salix gooddingii), red willow
(Salix laevigata), coyote willow (Salix exigua), Arizona sycamore,
mesquite, tamarisk, hackberry, boxelder, soapberry, Arizona walnut,
acacia, ash, alder, seep willow (Baccharis salicifolia), English walnut
(Juglans regia), oak, juniper, and Arizona cypress (Laymon 1980, pp. 6-
8; Laymon 1998, p. 7; Hughes 1999, p. 13; Corman and Magill 2000, p.
16; Halterman 2001, p. 11; Halterman 2002,
[[Page 11467]]
p. 12; Halterman 2003, p. 11; Halterman 2004, p. 13; Corman and Wise-
Gervais 2005, p. 202; Halterman 2005, p. 10; Halterman 2007, p. 5;
Holmes et al. 2008, p. 21; McNeil et al. 2013, pp. I-1-I-3; Tucson
Audubon 2015, p. 44; Groschupf 2015, entire; MacFarland and Horst 2015,
pp. 9-12; Sferra et al. 2019, p. 3).
Western yellow-billed cuckoos have also been found nesting in
orchards adjacent to riparian habitat during the breeding season
(Laymon 1980, pp. 6-8; Laymon 1998, p. 5). Five pairs of western
yellow-billed cuckoos were found nesting along the Sacramento River in
a poorly groomed English walnut orchard that provided numerous densely
foliaged horizontal branches on which western yellow-billed cuckoos
built their nests (Laymon 1980, pp. 6-8). These western yellow-billed
cuckoos that nested in the orchard did not forage there, but flew
across the river to forage in riparian habitat. Kingsley (1989, p. 142)
described western yellow-billed cuckoos as being abundant in the pecan
groves in Green Valley and Sahuarita, Arizona, with an estimated
density of one nesting pair per 10 ac (4 ha). We consider these
agricultural nesting sites to be the exception rather than the
preferred nesting habitat for the species due to the paucity of reports
identifying such nesting. In mapping the boundaries of the proposed
critical habitat, we avoided identifying agricultural lands within the
proposed designation. Any agricultural lands inadvertently within the
boundary of the proposed designation would not be considered critical
habitat because it does not contain the physical or biological
features. We request comment on whether any unit of its proposed
designation of critical habitat inadvertently includes agricultural
lands.
Tamarisk is also a riparian species that may be associated with
breeding under limited conditions in the Southwest. Western yellow-
billed cuckoos will sometimes build their nests and forage in tamarisk,
but there is usually a native vegetation component within the occupied
habitat (Gaines and Laymon 1984, p. 72; Johnson et al. 2008a, pp. 203-
204). See ``Tamarisk'' section below for further discussion of tamarisk
as habitat.
Older studies were geographically limited in their scope but
nevertheless established a suite of habitat characteristics that became
the archetype for western yellow-billed cuckoo breeding habitat.
However, habitat conditions across the DPS range vary considerably, and
more recent investigations that included other areas within the western
yellow-billed cuckoo's breeding range found that large areas of
riparian woodland vegetation are not the only areas used by the species
for nesting. We describe both the rangewide and southwestern breeding
habitat below with particular emphasis on describing the southwestern
habitat, because it is less well known as providing habitat for the
western yellow-billed cuckoo.
Rangewide breeding habitat. As stated above, rangewide breeding
habitat exists primarily in riparian areas along low-gradient streams,
with large patches of cottonwood and willow riparian vegetation with an
overstory and understory component. The vegetation is often
characterized as riparian woodlands. More specifically, rangewide
breeding habitat is characterized as having broad floodplains and open
riverine valleys that provide wide floodplain conditions. The general
habitat characteristics are areas that are often greater than 325 feet
(ft) (100 meter (m)) wide, contain low-gradient rivers and streams
(surface slope usually less than 3 percent), are part of floodplains
created where rivers and streams enter upstream portions of reservoirs
or other water impoundments, or are in areas associated with irrigated
upland terraces adjacent to water courses or riparian floodplains. The
habitat is usually dominated by willow or cottonwood, but sometimes by
other riparian species. The habitat has above-average canopy closure
(greater than 70 percent), and a cooler, more humid environment than
the surrounding riparian and upland habitats. The plant species most
often associated with rangewide breeding habitat are identified above
(see General Breeding (nesting) Habitat Conditions), and each may be
dominant depending on location. These areas contain the moist
conditions that support riparian plant communities made up of overstory
and understory components that provide breeding sites, shelter, cover,
and food resources for the western yellow-billed cuckoo. However, all
foraging needs may not be provided within areas of critical habitat.
Western yellow-billed cuckoo use rangewide breeding habitat as
described above throughout the DPS, including where it occurs in the
Southwest and the states of Sonora and Sinaloa, Mexico.
Southwestern breeding habitat. In parts of the Southwestern United
States and the states of Sonora and Sinaloa, Mexico, western yellow-
billed cuckoo breeding habitat is more variable than in the rest of its
range. Southwestern breeding habitat includes riparian woodland
(including mesquite bosque) and desert scrub and desert grassland
drainages with a tree component, and Madrean evergreen woodland (oak-
dominated) drainages (particularly in southern Arizona). In areas where
water is especially limited, but is nonetheless productive in terms of
food and cover for western yellow-billed cuckoos, breeding habitat
often consists of narrow, patchy, and/or sparsely vegetated drainages
surrounded by arid-adapted vegetation. Due to more arid conditions,
southwestern breeding habitat contains a greater proportion of
xeroriparian and nonriparian tree species than elsewhere in the DPS.
Riparian trees (including xeroriparian) in these ecosystems may even be
more sparsely distributed and less prevalent than nonriparian trees.
Southwestern breeding habitat may be less than 325 ft (100 m) wide
due to narrow canyons or limited water availability that do not allow
for development of wide reaches of habitat. Southwestern breeding
habitat is often but not always 200 ac (81 ha) or more in size, and may
consist of a series of smaller patches separated by openings. Occurring
in both low- and high-gradient drainages, slope does not appear to be a
factor in whether or not western yellow-billed cuckoos select these
areas for nesting. Often interspersed with large openings, southwestern
breeding habitat includes narrow stands of trees, small groves of
trees, or sparsely scattered trees. As such, the canopy closure is
variable, and where trees are sparsely scattered, it may be dense only
at the nest tree. The North American Monsoon brings high humidity and
rainfall to some of these habitats especially in the ephemeral
drainages in southeastern Arizona where winters are mild and warm wet
summers are associated with the monsoon and other tropical weather
events (Wallace et al. 2013a, entire; Erfani and Mitchell 2014, pp.
13,096-13,097).
Riparian drainages in southwestern breeding habitat bisect other
habitats and often contain a mix of habitats such as riparian and
Madrean evergreen woodland tree species, riparian broadleaf and
mesquite-bosque, riparian and desert grassland tree and large shrub
species, or riparian and desert scrub tree and large shrub species.
More than one vegetation type within and adjacent to the drainage may
contribute toward nesting habitat. For example, mesquite, with deeper
roots that can reach the water table, often flanks the upland perimeter
of more water-dependent cottonwood-willow riparian habitat. Drainage
bottoms in these habitats consist of both riparian and
[[Page 11468]]
nonriparian trees and may be dominated by cottonwood, willow,
xeroriparian tree species (e.g., hackberry, ash, sycamore, walnut), or
oak (Sogge et al. 2008, pp. 148-149; Johnson et al. 2012, pp. 20-21;
WestLand Resources, Inc. 2013a, pp. 3-5; Villarreal et al. 2014, p. 58;
Griffin 2015, pp. 17-25; MacFarland and Horst 2015, pp. iiii, 2, 5-7;
Westland Resources, Inc. 2015a, pp. 3-4; Westland Resources, Inc.
2015b, pp. 3-4; Westland Resources, Inc. 2015c, entire).
Common riparian trees (including xeroriparian trees) include
cottonwood, willow, mesquite, boxelder, sycamore, ash, alder, walnut,
soapberry, desert willow, hackberry, Arizona cypress, tamarisk, and
Russian olive. Common nonriparian trees and large shrubs include oak,
pinyon, juniper, acacia, greythorn, mimosa, mesquite (upland), and
sometimes other pine species (NatureServe 2013, pp. 11-18, 42-113, 132-
140). In Arizona, occupied habitat within a single drainage may include
both rangewide breeding habitat and southwestern breeding habitat,
transitioning from large stands of gallery riparian forest to mesquite
woodland, or narrow or patchy stands of more xeroriparian habitat.
These drainages include but are not limited to parts of the Gila River,
upper Verde River, Blue River, Eagle Creek, Tonto Creek, San Francisco
River, Aravaipa Creek, San Pedro River, lower Cienega Creek, and the
Rio Grande (Corman and Magill 2000, pp. 37-48; Sogge et al. 2008, pp.
148-149; Johnson et al. 2012, pp. 20-21; Cornell Lab of Ornithology
2016 (eBird data); Arizona Game and Fish Department 2018, entire).
In southeastern Arizona, occupied southwestern breeding habitat
contains a more arid mix of both southwestern riparian and Madrean
evergreen woodland tree species, riparian broadleaf trees and mesquite
bosque, riparian and desert grassland tree and large shrub species, or
riparian and desert scrub tree and large shrub species. This habitat is
found in drainages in the Santa Catalina Mountains, Rincon Mountains,
Santa Rita Mountains, Patagonia Mountains, Huachuca Mountains,
Pajarito/Atascosa Mountains, Whetstone Mountains, Dragoon Mountains,
and Buenos Aires National Wildlife Refuge, among others (Corman and
Magill 2000, pp. 37-48; WestLand Resources, Inc. 2013a, pp. 3-5;
Westland Resources, Inc. 2013b, pp. 1-9; Griffin 2015, pp. 17-25;
MacFarland and Horst 2015, pp. i-iii, 2, 5-7; Tucson Audubon 2015, p.
44; WestLand Resources, Inc. 2015a, pp. 3-4; WestLand Resources, Inc.
2015b, pp. 3-4; WestLand Resources, Inc. 2015d, entire; Cornell Lab of
Ornithology 2016 (eBird data), Corson 2018, pp. 5, 20; Rorabaugh 2019,
in litt, entire; Sferra et al. 2019, pp. 3-6). In Sonora and Sinaloa,
Mexico, western yellow-billed cuckoos also breed in similar riparian
habitat bisecting mesquite-dominated woodlands, and semidesert and
desert scrub and grassland habitats (Russell and Monson 1998, p. 131).
We summarize information on southwestern breeding habitat that is made
up of southwestern riparian, desert scrub and grassland drainages with
a tree component, and Madrean evergreen woodland drainage habitats
below.
Southwestern riparian habitat. This more arid riparian woodland
occurs in perennial and intermittent drainages and floodplains. The
extent of riparian vegetation is often narrower, patchier, and sparser
than in breeding habitat elsewhere due to limited water for riparian
tree regeneration and survival. Trees may occur in narrow linear
reaches, in small and patchy groves, or sparsely scattered along the
drainage or floodplain. This habitat is often composed of a greater
proportion of more arid-adapted riparian tree species and/or is more
sparsely vegetated than rangewide riparian breeding habitat. The
proportion of cottonwood and willow declines as water becomes more
limited. Southwestern riparian breeding habitat may transition into
xeroriparian habitat within a single drainage. Narrow or patchy
riparian breeding habitat is often found intersecting desert scrub,
desert grassland, and Madrean evergreen woodland breeding habitat.
Remnant mesquite bosques, historically extensive throughout the
Southwest along major rivers, still occupy some wide floodplains in
parts of Arizona and New Mexico. These remnant mesquite bosques include
parts of the lower Colorado River, Gila, Salt, San Pedro, Santa Cruz,
and Rio Grande Rivers. In Sonora, Mexico, mesquite bosques where
western yellow-billed cuckoos have nested have also been greatly
reduced (Russell and Monson 1988, p. 131). Southwestern mesquite bosque
breeding habitat is often found flanking the outer edge of riparian
habitat, where the water table is too deep for cottonwood and willow
trees. For example, Arizona's upper San Pedro River contains extensive
reaches of mesquite bosque breeding habitat adjacent to the cottonwood
and willow dominated breeding habitat in a broad floodplain.
Arid conditions and water management in the Southwest often
influences stream flows into and downstream of reservoirs, limiting
riparian vegetation regeneration, growth, and survival. In Arizona and
New Mexico, narrow or patchy riparian breeding habitat can be found
adjacent to heavily managed floodplains (such as areas within Caballo
Reservoir and the Lower Rio Grande for example (White et al. 2018, pp.
26-27)). Hydrologically perennial systems become intermittent or
ephemeral due to reservoir management or water delivery requirements.
For example, water abundance at Caballo Reservoir and downstream on the
Lower Rio Grande varies from year to year and timing of release may not
occur prior to or throughout the western yellow-billed cuckoo breeding
season. As a result, riparian (including xeroriparian) habitat may
persist only as narrow bands or scattered patches along the bankline or
as small in-channel islands, or sections of undisturbed native willows
within the reservoir. Habitat within these areas may be as small as
approximately 30 ac (12 ha) and are typically composed of either
willow, tamarisk, or a mix of the two (White et al. 2018, pp. 26-27).
Adjacent habitat may include mowed nonnative vegetation typically less
than 1 ft (0.3 m) tall or higher terraces within the floodplain with
mesquite or other drought tolerant vegetation.
Desert scrub and desert grassland drainages (with a tree
component). These Southwestern breeding habitats include drainages with
a tree component intersecting desert scrub and desert grassland in
intermittent and ephemeral drainages. Tree and large shrub species such
as mesquite, hackberry, acacia, mimosa, and or greythorn are always
present (NatureServe 2013, pp. 88, 134). Riparian (including
xeroriparian) trees and large shrubs may have a minor presence in the
drainage bottoms. Tree density ranges from sparse to dense in the
drainage bottom and adjacent hillside.
Madrean evergreen woodland drainage habitat. This plant community
is dominated by evergreen oak species, but often contains other tree
species such as mesquite, juniper, acacia, and hackberry (Brown 1994,
pp. 59-62) and is found in southeastern Arizona and southwestern New
Mexico's mountain ranges, and resembles habitat found in the Sierra
Madre Occidental of Mexico. Western yellow-billed cuckoos breed in the
intermittent and ephemeral drainages bisecting Madrean evergreen
woodlands in the bajadas, foothills, and mountains of southeastern
Arizona (Corman and Magill 2000, pp. 37-48; WestLand Resources, Inc.
2013a, pp. 3-5; Westland Resources 2013b, pp. 1-9; American Birding
Association 2014, entire; Cornell Lab of Ornithology 2015
[[Page 11469]]
(eBird data); Griffin 2015, pp. 17-25; MacFarland and Horst 2015, pp.
i-iii, 2, 5-7; WestLand Resources, Inc. 2015a, pp. 3-4; WestLand
Resources, Inc. 2015b, pp. 3-4; Westland Resources, Inc. 2015c, entire;
Dillon et al. 2018, pp. 31-33; White et al. 2018, pp. 26-27; Sferra et
al. 2019, pp. 3, 9-11). Riparian (including xeroriparian) trees and
large shrubs may be present, but are often sparsely distributed or in a
narrow band along the drainage bottom. The hillsides immediately
adjacent to the tree-lined drainages range from dense woodlands to
sparsely treed savannahs with a variety of grasses, contributing toward
foraging and breeding habitat for the western yellow-billed cuckoo
(Brown 1994, pp. 59-62; Corman and Magill 2000, pp. 37-48; Westland
Resources, Inc. 2013a, pp. 3-5; Westland Resources, Inc. 2013c, pp. 1-
9; American Birding Association 2014, entire; Cornell Lab of
Ornithology 2015 (eBird data); Arizona Game and Fish Department 2015,
entire; MacFarland and Horst 2015, pp. 9-12; Westland Resources, Inc.
2015a, pp. 3-4; Westland Resources, Inc. 2015b, pp. 3-4; Westland
Resources, Inc. 2015c, entire; Corson 2018, entire).
In 2015, western yellow-billed cuckoos were found in the Coronado
National Forest using the Madrean evergreen woodland drainages
dominated by oak trees, often with mesquite trees flanking the riparian
strip (MacFarland and Horst 2015, pp. 1, 7). The drainages often merge
into the surrounding vegetation of juniper. In the wettest reaches of
the drainages, the oaks are interspersed with Arizona sycamore,
hackberry, willows, occasionally cottonwoods, and a few other
infrequently occurring species such as Arizona ash and Arizona walnut
(MacFarland and Horst 2015, p. 1). Total canopy cover in occupied
habitat was about 52 percent, with oaks as the predominant overstory
species recorded (overall average 35 percent), followed by mesquite (20
percent), and juniper (16 percent). The most frequent riparian
overstory species were sycamore (3 percent) followed by hackberry (5
percent) and willow (2 percent). The average height of the most
prevalent overstory tree species at each point recorded was 20 ft (6.1
m). Habitat occupied during the breeding season (which we also refer to
as territories even though western yellow-billed cuckoos may not defend
habitat (Hughes 2015, p. 3)) tended to have a higher percentage of
mesquites in the community composition, while unoccupied survey points
had a higher percentage of junipers (MacFarland and Horst 2015, pp. 9-
10). Western yellow-billed cuckoo detections ranged in elevation from
3,564 to 5,480 ft (1,086 to 1,670 m) (MacFarland and Horst 2015, p.
10).
Few western yellow-billed cuckoo detection records in southwestern
New Mexico exist between 1998 and 2014 in Madrean evergreen woodland
and mesquite woodlands (including other thorn trees and shrubs) habitat
similar to southeastern Arizona (Cornell Lab of Ornithology 2016
(eBird)). Much of the southwestern New Mexico habitat is privately
owned and is not visited as frequently by birders as is southeastern
Arizona. No protocol surveys have been conducted in these areas. Based
on the best available survey information, we have not identified
confirmed breeding or breeding occupancy in Madrean evergreen woodland
and mesquite woodlands in New Mexico. Therefore, no critical habitat is
proposed in similar southwestern habitat in southwestern New Mexico
because it does not meet our conservation strategy for designating
critical habitat.
Tamarisk. Tamarisk, also known as saltcedar, is a common nonnative
shrubby tree found occurring along or within stream courses in western
yellow-billed cuckoo riparian habitat in southwestern breeding habitat.
Tamarisk, as a component of wildlife habitat, is often characterized as
being poor habitat for many species of wildlife, but it can be a
valuable substitute where the hydrology has been altered to the extent
that native woodland habitat can no longer exist (Service 2002, pp. K-
11-K-14; Sogge et al. 2008, pp. 148-152; Shafroth et al. 2010b,
entire). The spread of tamarisk and the loss of native riparian
vegetation is primarily a result of land and water management actions.
Tamarisk does not invade and out-compete native vegetation in the
Southwest (Service 2002, p. H-11). Rather, human actions have
facilitated tamarisk dispersal to new locales, and created
opportunities for its establishment by clearing vegetation, modifying
physical site conditions, altering natural river processes, and
disrupting biotic interactions (Service 2002, p. H-11). Because the
presence and relative dominance of tamarisk is greatly influenced by
hydrologic regime and depth to groundwater, native riparian vegetation
in tamarisk-dominated systems is unlikely to reestablish unless the
hydrologic regime is restored (Stromberg et al. 2007, pp. 381-391).
Johnson et al. (2008a, pp. 203-204) conducted Arizona surveys in
historically occupied western yellow-billed cuckoo riparian habitat in
the late 1990s and found 85 percent of all western yellow-billed cuckoo
detections in habitat dominated by cottonwood with a strong willow and
mesquite understory, 11.5 percent within mixed native and tamarisk
habitats, 3.5 percent within mixed native and Russian olive habitats,
and only 5 percent within tamarisk-dominated habitats (Johnson et al.
2010, pp. 204-205). Even in the tamarisk-dominated habitat, cottonwoods
were still present at all but two of these sites.
Although tamarisk monocultures generally lack the structural
diversity of native riparian habitat, western yellow-billed cuckoos may
use these areas for foraging, dispersal, and breeding, especially if
the tamarisk-dominated sites retain some native trees. Tamarisk
contributes cover, nesting substrate, temperature amelioration,
increased humidity, and insect production where native habitat
regeneration and survivability has been compromised by altered
hydrology (e.g., reduced flow or groundwater availability) and
hydrologic processes (e.g., flooding and sediment deposition). In parts
of the western yellow-billed cuckoo's range, some tamarisk-dominated
sites are used for nesting and foraging including parts of the Bill
Williams, Verde, Gila, Salt, and Rio Grande Rivers (Groschupf 1987, pp.
9, 15; Corman and Magill 2000, pp. 11, 14-16, Leenhouts et al. 2006, p.
15; Sogge et al. 2008, p. 148; Sechrist et al. 2009, p. 55; Dockens and
Ashbeck 2011a, pp. 1, B-26; Dockens and Ashbeck 2011b, pp. 8, D-2;
Jarnevich et al. 2011, p. 170; McNeil et al. 2013b, p. I-1; Arizona
Game and Fish Department 2014, pp. 1-5; Jakle 2014, entire; Orr et al.
2014, p. 25; Salt River Project 2014, entire; Service 2014, p. 63;
Arizona-Sonora Desert Museum 2016, entire; Dillon et al. 2018 pp. 31-
33; White et al. 2018 pp. 26-27; and Parametrix, Incorporated (Inc.)
and Southern Sierra Research Station 2019, p. 5-1).
Past restoration efforts favored nonnative tamarisk removal without
regard for its habitat suitability for the western yellow-billed
cuckoo. In areas where tamarisk is a major component (or part of the
understory), its removal may not be appropriate or recommended because
western yellow-billed cuckoo habitat selection may be based on
overstory/understory structure and not on specific vegetation types
(Sechrist et al. 2009, p. 53). In some areas, if tamarisk is removed,
the remaining habitat may be rendered unsuitable because it is more
exposed, hotter, and drier.
Another issue in regards to tamarisk is the introduction of
biocontrol agents
[[Page 11470]]
to remove tamarisk. In 2001, the U.S. Department of Agriculture's
Animal and Plant Health Inspection Service (APHIS) released various
species of the nonnative tamarisk leaf beetle (Diorhabda sp.) in an
effort to control tamarisk invasion (APHIS 2005, p. 4-5). Since 2001,
the tamarisk leaf beetle has expanded rapidly and its distribution now
encompasses much of the western United States (RiversEdge West, 2018,
entire). This expansion of tamarisk defoliation will lead to habitat
degradation and may render areas unsuitable for occupancy by the
western yellow-billed cuckoo (Sogge et al. 2008, p. 150). Defoliation
during the breeding season also exposes eggs and nestlings to heat
exposure and predation from decreased cover, as was documented in 2008
in St. George, Utah, with the exposure-caused failure of an active
southwestern willow flycatcher nest (Paxton et al. 2011, p. 257). In
defoliated areas of the Rio Grande, canopy cover was still within the
natural range of variation; however, the canopy cover was composed of
dead leaves as opposed to live leaves, which changed the microclimate
(Dillon and Ahlers 2018, pp. 26-27). Ultimately, the sampled areas with
the most tamarisk and subsequent defoliation activity reflected the
areas with the highest temperature extremes (Dillon and Ahlers 2018,
pp. 26-27).
Some tamarisk removal and native tree replacement projects are
under way to offset the arrival of tamarisk leaf beetles and subsequent
defoliation (Service 2016b, pp. 4-15). If these projects are
unsuccessful in sustaining native woodland habitat of at least the same
habitat value as habitat that was removed, the end result will be a net
loss of habitat. Another nonnative species identified as a biocontrol
agent, the tamarisk weevil (Coniatus sp.) has also been found in the
wild in Arizona, California, Nevada, and Utah (Eckberg and Foster 2011,
p. 51; Eichhorst et al. 2017, entire). The impact of the tamarisk
weevil has not been well studied and currently has not been shown to
significantly impact tamarisk-dominated habitats used by the western
yellow-billed cuckoo.
Breeding (nesting) habitat and home range size. In rangewide
western yellow-billed cuckoo habitat, the habitat used for breeding and
nesting by the species varies in size and shape. The available
information indicates that the species requires large tracts of habitat
for breeding and foraging during the nesting season (home range). The
larger the extent of habitat, the more likely it will provide suitable
habitat for the western yellow-billed cuckoos and be occupied by
nesting pairs (Laymon and Halterman 1989, pp. 274-275). Rangewide
breeding habitat can be relatively dense contiguous stands or
irregularly shaped mosaics of dense vegetation with more sparse or open
areas.
Along the Colorado River in California and Arizona, western yellow-
billed cuckoos tend to favor larger riparian habitat sites for nesting
(Laymon and Halterman 1989, p. 275): sites less than 37 ac (15 ha) are
considered unsuitable nesting habitat; sites between 37 ac (15 ha) and
50 ac (20 ha) in size were rarely used as nest sites; and habitat
patches or aggregates of patches from 50 to 100 ac (20 to 40 ha) in
size were considered marginal habitat (Laymon and Halterman 1989, p.
275). Habitat areas between 100 ac (40 ha) and 200 ac (81 ha), although
considered suitable, are not consistently used by the species in
California. The optimal size of habitat patches (aggregates of trees
that may be interspersed with openings, sparse understory or canopy, or
open floodplains) for the western yellow-billed cuckoo are generally
greater than 200 ac (81 ha) in extent and have dense canopy closure and
high foliage volume of willows and cottonwoods in at least a portion of
the overall habitat patch (Laymon and Halterman 1989, pp. 274-275) and
thus provide adequate space for nesting and foraging.
In rangewide riparian breeding habitat and mixed riparian habitat
in California, Arizona, and New Mexico, the home ranges used by the
western yellow-billed cuckoo during the breeding season varied greatly
but averaged over 100 ac (40 ha) (Laymon and Halterman 1987, pp. 31-32;
Halterman 2009, p. 93; Sechrist et al. 2009, p. 55; McNeil et al. 2010,
p. 75; McNeil et al. 2011, p. 37; McNeil et al. 2012, p. 69; McNeil et
al. 2013a, pp. 133-134; McNeil et al. 2013b, pp. 49-52). On the Rio
Grande in New Mexico, Sechrist et al. (2009, p. 55) estimated a large
variation in home range size, ranging from 12 to 697 ac (5 to 282 ha),
and averaging 202 ac (82 ha). On the upper San Pedro River in Arizona,
Halterman (2009, pp. 67, 93) also estimated a large variation in home
range size, ranging from 2.5 to 556 ac (1 to 225 ha), and averaging 126
ac (51 ha). In the intermountain west (Idaho, Utah, Colorado), the
western yellow-billed cuckoo breeds in similar habitats as described
above but are more scattered and in lower density (Parrish et al. 1999,
p. 197; Taylor 2000, pp. 252-253; Idaho Fish and Game 2005, entire;
Wiggins 2005, p. 15). These measures suggest that the amount of habitat
required to support nesting western yellow-billed cuckoos even in
rangewide riparian breeding habitat is variable.
Home range size is unknown in southwestern breeding habitat,
including in more xeroriparian woodland, desert scrub and desert
grassland drainages with a tree component and in Madrean evergreen
woodland. Whether the area is considered marginal, suitable, or optimal
depends on numerous factors and is variable across the species' range.
Breeding habitat in more arid regions of the Southwest may be made up
of a series of adjacent or nearly adjacent habitat patches, less than
200 ac (81 ha) each, which combined make up suitable breeding habitat
for the species. Often interspersed with large openings, these habitat
patches include narrow stands of trees, small groves of trees, or
sparsely scattered trees. For example, in the Agua Fria River in
central Arizona, occupied habitat consists not only of mature
cottonwood and willow gallery forest (multi-aged and multi-height
forest) found in rangewide breeding habitat, but also smaller patches
of young willows that are limited to narrow riparian corridors with
mesquite on the adjacent terrace characteristic of southwestern
breeding habitat (Prager and Wise 2015, p. 13). In the bajadas,
foothills, and mountain drainages of southeastern Arizona, scattered
overstory trees, small patches of trees, or narrow stands of trees
contain suitable breeding habitat (MacFarland and Horst 2015, entire,
Corson 2018, pp. 5, 6-20; Sferra et al. 2019, entire).
Although large expanses of habitat are better than small patches
for the species, small habitat patches should be evaluated when
managing for the western yellow-billed cuckoo. The optimal minimum
breeding habitat patch size of 200 ac (81 ha) may not be applicable for
much of the Southwest, where breeding habitat may be narrower and
patchier and areas of less than 40 ac (16 ha) may be used for breeding
(Sechrist et al. 2009, p. 55; White et al. 2018, pp. 14-37). These
smaller sites support fewer western yellow-billed cuckoos, but
collectively they may be important for achieving recovery.
Western yellow-billed cuckoos appear to stage in southern Arizona
or northern Mexico pre- and post-breeding, suggesting that this region
is important to the DPS (McNeil et al. 2015, pp. 249, 251). Some
individuals also roam widely (several hundred miles), apparently
assessing food resources prior to selecting a nest site (Sechrist et
al. 2012, pp. 2-11). A plausible explanation for prolonged presence in
southern Arizona and northwestern Mexico pre- and post-breeding may be
[[Page 11471]]
that western yellow-billed cuckoos are taking advantage of increased
insect production in the monsoonal area. Identifying and maintaining
habitat across the species' range is important to allow the species to
take advantage of variable environmental conditions for successful
breeding opportunities.
Foraging area. Western yellow-billed cuckoos select a nesting site
based on optimizing the near-term foraging potential of the
neighborhood (Wallace et al. 2013a, p. 2102). Given that western
yellow-billed cuckoos are larger birds with a short hatch-to-fledge
time, the adults must have access to abundant food sources to
successfully rear their offspring. Optimal foraging habitat contains a
mixture of overstory and understory vegetation (typically cottonwoods
and willows) that provides for diversity and abundance of prey. Western
yellow-billed cuckoos generally forage within the tree canopy, and the
higher the foliage volume the more likely western yellow-billed cuckoos
are to use a site for foraging (Laymon and Halterman 1985, pp. 10-12).
Foraging areas can be less dense with lower levels of canopy cover and
often have a high proportion of cottonwoods in the canopy. Foraging
areas can also include riparian habitat with a high abundance of
tamarisk.
The foraging distance and size of foraging habitat required by
western yellow-billed cuckoo varies on prey availability and other
environmental conditions and may vary annually and from site to site. A
foraging area during the breeding season may overlap with other western
yellow-billed cuckoo foraging areas if multiple nest sites are within a
single area. Hughes (2015, p. 3) suggests that adjacent nesting western
yellow-billed cuckoos use time spacing (i.e., no overlap in egg dates)
to partition resources, allowing many nesting pairs to share localized
short-term abundance of food. In a study in rangewide breeding habitat
in the Sacramento Valley, California, the mean size of foraging areas
for 4 pairs of western yellow-billed cuckoos was approximately 48 ac
(19 ha) (range 27 to 70 ac (11 to 28 ha)) of which about 25 ac (10 ha)
was considered usable habitat for foraging (Laymon 1980, p. 20; Hughes
1999, p. 7).
In the southwestern United States and northern Mexico, western
yellow-billed cuckoo foraging habitat is usually more arid than
adjacent occupied nesting habitat. Western yellow-billed cuckoos not
only forage within woodland breeding habitat, but they also forage in
almost any adjacent habitat. Desert vegetation in intermittent and
ephemeral drainages or adjacent upland areas may require direct
precipitation to flourish (Wallace et al. 2013a, p. 2,102). Other
desert areas with spring-fed habitat may provide similar habitat
conditions. Both are important features of western yellow-billed cuckoo
foraging habitat in the arid Southwest. In Arizona and New Mexico,
adjacent foraging habitat includes several types of semidesert scrub,
desert scrub, chaparral, semidesert grassland, and desert grassland
(Brown and Lowe 1982, entire; Brown 1994, entire; Brown et al. 2007,
pp. 4-5). An exception to the habitat characteristics identified above
occurs in New Mexico along the Rio Grande, where 29 percent of all
estimated territories in the period 2009-2014 were located in
understory vegetation (considered less than 6 m (15 ft) in height) that
lacked a canopy component (considered less than 25 percent cover), but
included a New Mexico olive (Forestiera neomexicana) component
(Hamilton 2014, p. 3-84). Of these understory areas, roughly half were
dominated by exotic species (primarily tamarisk) (Carstensen et al.
2015, pp. 57-61). Western yellow-billed cuckoos in New Mexico have also
been observed foraging in adjacent habitat up to 0.5 mi (0.8 km) away
from nest sites (Sechrist et al. 2009, p. 49). In the intermountain
west (Idaho, Utah, Colorado), the western yellow-billed cuckoo breeds
in similar habitats as described above but are more scattered and in
lower density (Parrish et al. 1999, p. 197; Taylor 2000, pp. 252-253;
Idaho Fish and Game 2005, entire; Wiggins 2005, p. 15).
Movement corridors and connectivity of habitat. The western yellow-
billed cuckoo is a neotropical migratory species that travels between
North, Central, and South America each spring and fall (Sechrist et al.
2012, p. 5; McNeil et al. 2015, p. 244; Parametrix, Inc. and Southern
Sierra Research Station 2019, pp. 97-108). As such, it needs movement
corridors of linking habitats and stop-over sites along migration
routes and between breeding areas (Faaborg et al. 2010, pp. 398-414;
Allen and Singh 2016, p. 9). During movements between nesting attempts,
western yellow-billed cuckoos have been found at riparian sites with
small groves or strips of trees, sometimes less than 10 ac (4 ha) in
extent (Laymon and Halterman 1989, p. 274). The habitat features at
stop-over and foraging sites are typically similar to the features at
breeding sites, but may be smaller in size, may be narrower in width,
and may lack understory vegetation. Western yellow-billed cuckoos may
be using nonbreeding areas as staging areas or taking advantage of
local foraging resources (Sechrist et al. 2012, pp. 7-9; McNeil et al.
2015, pp. 250-252). As a result, western yellow-billed cuckoos use
nonbreeding or intermittently used breeding areas as staging areas,
movement corridors, connectivity between habitats, or foraging sites
(taking advantage of local foraging resources). However, because these
nonbreeding habitat areas are not limiting, we have not specifically
identified them as critical habitat.
Therefore, based on the information above, for the majority of
habitat within the species' range, we identify rivers and streams of
lower gradient and more open valleys with a broad floodplain,
containing riparian woodland habitat with an overstory and understory
vegetation component made up of various plant species (most often
dominated by willow or cottonwood) to be physical or biological
features essential to the conservation of the western yellow-billed
cuckoo. In more arid regions of the southwestern United States, we also
identify reaches of more xeroriparian habitat (including mesquite
bosques), desert scrub, and desert grassland drainages with a tree
component, and Madrean evergreen woodland drainages in low- to high-
gradient drainages to be a physical or biological feature essential to
the conservation of this species. These habitat types provide space for
breeding, nesting, and foraging for the western yellow-billed cuckoo.
These habitat features also provide for migratory or stopover habitat
and movement corridors for the western yellow-billed cuckoo. Food,
Water, Air, Light, Minerals, or Other Nutritional or Physiological
Requirements
Food. Western yellow-billed cuckoos eat large insects but also prey
on small vertebrates such as frogs (e.g., Hyla spp.; Pseudacris spp.;
Rana spp.) and lizards (e.g., Lacertilia sp.) (Hughes 1999, p. 8). The
diet of the western yellow-billed cuckoo on the South Fork Kern River
in California showed the majority of the prey to be the big poplar
sphinx moth larvae (Pachysphinx occidentalis) (45 percent), tree frogs
(24 percent), katydids (22 percent), and grasshoppers (Order Othoptera)
(9 percent) (Laymon and Halterman 1985, pp. 10-12; Laymon et al. 1997,
p. 7). Minor prey at that site and other sites includes beetles (Order
Coleoptera sp.), dragonflies (Order Odonata), praying mantis (Order
Mantidae), flies (Order Diptera), spiders (Order Araneae), butterflies
(Order Lepidoptera), caddis flies (Order Trichoptera), crickets (Family
Gryllidae), and cicadas (Family Cicadidae) (Laymon et al. 1997, p. 7;
[[Page 11472]]
Hughes 1999, pp. 7-8). In Arizona, cicadas are an important food source
(Halterman 2009, p. 112). Western yellow-billed cuckoos on the Buenos
Aires National Wildlife Refuge in Arizona were observed eating tent
caterpillars, caterpillars of unidentified species, katydids, and
lizards (Griffin 2015, pp. 19-20). At upper Empire Gulch in
southeastern Arizona, a western yellow-billed cuckoo was photographed
in a tree in gallery riparian forest with a leopard frog (Rana spp.) in
its bill on July 21, 2014 (Barclay 2014, entire; Leake 2014a, b,
entire). In the intermountain west (Idaho, Utah, Colorado), the western
yellow-billed cuckoo feeds on similar insect species (Parrish et al.
1999, p. 197; Idaho Fish and Game 2005, p. 2; Wiggins 2005, p. 18).
Western yellow-billed cuckoos depend on an abundance of large,
nutritious insect and vertebrate prey to survive and raise young. In
portions of the southwestern United States, high densities of prey
species may be seasonally found, often for brief periods of time,
during the vegetation growing season. The arrival and nesting of
western yellow-billed cuckoos typically coincides with the availability
of prey, which is later than in the eastern United States (eBird data).
Desiccated riparian sites produce fewer suitable insects than moist
sites. In areas that typically receive rains during the summer monsoon,
an increase in humidity, soil moisture, and surface water flow are
important triggers for insect reproduction and western yellow-billed
cuckoo nesting (Wallace et al. 2013a, p. 2,102). Western yellow-billed
cuckoos select a nesting site based on optimizing the near-term
foraging potential of the habitat (Wallace et al. 2013a, p. 2,102).
Given that western yellow-billed cuckoos are large birds with a short
hatch-to-fledge time, the adults must have access to abundant food
sources to successfully rear their offspring (Laymon 1980, p. 27). The
variability of monsoon precipitation across a region may result in
areas with favorable conditions for western yellow-billed cuckoo
nesting in one year and less favorable in a different year. In years of
high insect abundance, western yellow-billed cuckoos lay larger
clutches (three to five eggs rather than two), a larger percentage of
eggs produce fledged young, and they breed multiple times (two to three
nesting attempts rather than one) (Laymon et al. 1997, pp. 5-7).
Therefore, we identify the presence of abundant, large insect fauna
(e.g., cicadas, caterpillars, katydids, grasshoppers, crickets, large
beetles, dragonflies, and moth larvae) and small vertebrates (frogs and
lizards) during nesting season of the western yellow-billed cuckoo to
be a physical or biological feature essential to the conservation of
the species.
Water and humidity. Rangewide breeding habitat for western yellow-
billed cuckoo is largely associated with perennial rivers and streams
that support the expanse of vegetation characteristics needed by
breeding western yellow-billed cuckoos. Throughout the western yellow-
billed cuckoo's range, winter precipitation (as rain or snow) provides
water flow to the larger streams and rivers in the late spring and
summer. In southwestern breeding habitat, western yellow-billed cuckoos
also breed in ephemeral and intermittent drainages, some of which are
associated with monsoonal precipitation events. Hydrologic conditions
at western yellow-billed cuckoo breeding sites can vary between years.
At some locations during low rainfall years, water flow may be reduced
or absent, or soils may not become saturated at appropriate times.
During high rainfall years, streamflow may be extensive and the
riparian vegetation can be inundated and soil saturated for extended
periods of time.
The North American Monsoon (monsoon) is a large-scale weather
pattern that causes high humidity and a series of thunderstorms during
the summer in northwestern Mexico and the southwestern United States
(Erfani and Mitchell 2014, pp. 13,096-13,097; National Weather Service
2019, p. 4). It supplies about 60-80 percent of the annual
precipitation for northwestern Mexico, 45 percent for New Mexico, and
35 percent for Arizona (Erfani and Mitchell 2014, p. 13,096). The
monsoon typically arrives in early to mid-July in Arizona and New
Mexico, where much of the rainfall occurs in the mountains (Erfani and
Mitchell 2014, pp. 13,096-13,097; National Weather Service 2019, p. 2).
The southwestern United States, at the northern edge of the monsoon's
range, receives less and more variable rainfall than northwestern
Mexico (National Weather Service 2019, p. 2).
Humid conditions created by the North American Monsoon (Erfani and
Mitchell 2014, pp. 13,096-13,097; National Weather Service 2019, p. 2)
and related surface and subsurface moisture appear to be important for
the western yellow-billed cuckoo. The species is restricted to nesting
in moist riparian habitat or in drainages that bisect semi-desert,
desert grasslands, semi-desert, desert scrub, and Madrean evergreen
woodland in the portions of the western United States and northern
Mexico because of humidity requirements for successful hatching and
rearing of young (Hamilton and Hamilton 1965, p. 427; Gaines and Laymon
1984, pp. 75-76; Rosenberg et al. 1991, pp. 203-204; Corman and Magill
2000, pp. 37-48; Westland Resources, Inc. 2013a, pp. 3-5; Westland
Resources, Inc. 2013c, pp. 1-9; American Birding Association 2014,
entire; Arizona Game and Fish Department 2018, entire; Cornell Lab of
Ornithology 2018, (eBird data); Westland Resources, Inc. 2015a, pp. 3-
4; Service 2018, entire).
Western yellow-billed cuckoos have evolved larger eggs and thicker
eggshells, which help them cope with potential higher egg water loss in
the hotter, drier conditions of the Southwest (Hamilton and Hamilton
1965, pp. 426-430; Ar et al. 1974, pp. 153-158; Rahn and Ar 1974, pp.
147-152). Nest sites have lower temperatures and higher humidity
compared to areas along the riparian forest edge or outside the forest
(Launer et al. 1990, pp. 6-7, 23). Recent research on the lower
Colorado River has confirmed that western yellow-billed cuckoo nest
sites had significantly higher daytime relative humidity (6-13 percent
higher) and significantly lower daytime temperatures (2-4 degrees
Fahrenheit (1-2 degrees Celsius) lower) than average forested sites
(McNeil et al. 2011, pp. 92-101; McNeil et al. 2012, pp. 75-83).
Seasonal precipitation results in vegetative regeneration in the
intermittent and ephemeral drainages and adjacent desert scrub, desert
grassland, and Madrean evergreen woodlands of the southwestern United
States. High summer monsoonal humidity and rain lead to summer flow
events in drainages and increased vegetative growth and associated
insect production during the breeding season. The North American
Monsoon promotes growth of shallow-rooted understory vegetation in
mesquite-dominated woodlands, Madrean evergreen woodlands, desert scrub
drainages, desert grassland drainages, and adjacent desert and
grassland vegetation (Brown 1994, pp. 59-62; Wallace et al. 2013a, p.
2,102). The hydrologic processes in Madrean evergreen woodlands, semi-
desert and desert scrub drainages, and semi-desert and desert grassland
drainages of southeastern Arizona are different than the rest of the
range of the western yellow-billed cuckoo. These upland habitats on
gently rolling hillsides are interspersed with intermittent or
ephemeral drainages. Humidity brought on by the summer monsoon may be
an especially important trigger for breeding western
[[Page 11473]]
yellow-billed cuckoos in this otherwise dry landscape.
Nesting continues through August and frequently into September in
southeastern Arizona, likely in response to the increased food
resources associated with the seasonal summer rains (Corman and Wise-
Gervais 2005, p. 202). For example, the big poplar sphinx moth is an
earth pupator (larvae burrow in the ground, and pupae emerge under
certain environmental conditions) (Oehlke 2017, p. 5). The sphinx moth
has a receptor that detects the water content of air to sense changes
in humidity and when conditions are favorable for feeding and breeding
(McFarland 1973, pp. 199-208; von Arx et al. 2012, p. 9,471). In
riparian woodland habitat soil, moisture and humidity cue the sphinx
moths to emerge. In Arizona, summer monsoonal precipitation mimics
typical riparian woodland soil moisture conditions, which cue the
sphinx moth to emerge from the soil. Although sphinx moths are just one
of the foods eaten by western yellow-billed cuckoos, we use these moths
to illustrate that the unique monsoonal conditions in southeastern
Arizona contributing toward food production are an important factor in
western yellow-billed cuckoo presence in southeastern Arizona.
A large proportion of the remaining occupied habitat persists in
hydrologically altered systems in the Southwest where the timing,
magnitude, and frequency of natural flow have changed (Service 2002,
pp. J1-J34). Hydrologically altered systems, with less dynamic riverine
process than unaltered systems, can support suitable western yellow-
billed cuckoo habitat if suitable woodland vegetation as described
above is present. As discussed above and in the October 3, 2014,
Federal Register listing the western yellow-billed cuckoo (79 FR
59992), human actions have cleared vegetation, modified physical site
conditions, altered natural river processes, and disrupted biotic
interactions along much of the western yellow-billed cuckoo habitat in
the west (Service 2002, p. H-11). In the intermountain west (Idaho,
Utah, Colorado), similar losses and degradation of habitat have
occurred (Parrish et al. 1999, pp. 200-201; Idaho Fish and Game 2005,
p. 3; Wiggins 2005, pp. 22-27). Habitat conditions are greatly
influenced by hydrologic regime and depth to groundwater, and native
riparian vegetation in altered systems is unlikely to reestablish
unless the hydrologic regime is restored (Stromberg et al. 2007, pp.
381-391). However, these altered systems, which often cannot support
the native plant species and structural diversity of unaltered systems,
can support more adapted nonnative tree species like tamarisk or
Russian olive. Western yellow-billed cuckoos occupy nonnative habitat
interspersed with native habitat on the Colorado, Bill Williams, Verde,
Gila, Santa Cruz, San Pedro, and Rio Grande Rivers (Corman and Magill
2000, pp. 15-16, 37-48; Sonoran Institute 2008, pp. 30-34; Dockens and
Ashbeck 2011a, p. 6; Dockens and Ashbeck 2011b, p. 10; McNeil et al.
2013b, p. I-1; Arizona Game and Fish Department 2016, entire;
Parametrix, Inc. and Southern Sierra Research Station 2019, p. 5-1).
Subsurface hydrologic conditions are equally important to surface
water conditions in determining riparian vegetation patterns. Depth to
groundwater plays an important part in the distribution of riparian
vegetation and western yellow-billed cuckoo habitat. Riparian forest
trees need access to shallow groundwater to grow to the appropriate
size and density to provide habitat for nesting, foraging, and
migrating western yellow-billed cuckoos. Goodding's willows and Fremont
cottonwoods do not regenerate successfully if the groundwater levels
fall below 6 ft (2 m) from the surface (Shafroth et al. 2000, pp. 66-
75). Goodding's willows cannot survive if groundwater levels drop below
10 ft (3 m), and Fremont cottonwoods cannot survive if groundwater
drops below 16 ft (5 m) (Stromberg and Tiller 1996, p. 123). Abundant
and healthy riparian vegetation decreases and habitat becomes stressed
and less productive when groundwater levels are lowered (Stromberg and
Tiller 1996, pp. 123-127).
Therefore, based on the information above, we identify seasonally
or perennially flowing rivers, streams, and drainages; elevated
subsurface groundwater tables; vegetative cover that provides important
microhabitat conditions for successful breeding and prey (high humidity
and cooler temperatures); seasonal precipitation (winter and summer) in
the Southwest; and high summer humidity as physical and biological
features essential to the conservation of the western yellow-billed
cuckoo.
Conditions for germination and regeneration of vegetation. The
abundance and distribution of fine sediment deposited on floodplains
during flood events is critical for the development, abundance,
distribution, maintenance, and germination of riparian tree species.
This sediment deposition must be accompanied by sufficient surface
moisture for seed germination and sufficient groundwater levels for
survival of seedlings and saplings (Stromberg 2001, pp. 27-28). The
lack of stream flow processes, which deposit such sediments and clear
out woody debris, may lead riparian forested areas to senesce (age and
become less productive) and to become degraded and not able to support
the varied vegetative structure required for western yellow-billed
cuckoo nesting and foraging.
In unmanaged hydrologic systems (natural riverine systems),
associated with rangewide breeding habitat, this variability of water
flow results in removal of stream banks and deposition of soil and
sediments. These sediments provide areas for vegetation (especially
cottonwood and willow) to colonize and provide diverse habitat for the
western yellow-billed cuckoo. In managed hydrologic systems (systems
controlled by dams), stream flow is often muted and does not provide
the magnitude of these removal and deposition events except during
flood events depending on stream-bank composition (Fremier et al. 2014,
pp. 4-6). However, if these systems are specifically managed to mimic
more natural conditions, some removal and deposition can occur. The
range and variation of stream flow frequency, magnitude, duration, and
timing that will establish and maintain western yellow-billed cuckoo
habitat can occur in both managed and unmanaged flow conditions
depending on the interaction of the water feature and its floodplain or
the physical characteristics of the landscape.
However, successional vegetation change that produces suitable
habitat consisting of varied vegetative structure can also occur in
managed river and reservoir systems (and in human-altered river
systems) when managed to mimic natural stream flows, but sometimes with
different vegetation species composition, at different timing,
frequency, and magnitude than natural riverine systems. For example,
varying amounts of western yellow-billed cuckoo habitat are available
from month-to-month and year-to-year as a result of dam operations.
During dry years, when lake levels may be low, vegetation can be
established and mature into habitat for the western yellow-billed
cuckoo. In wet years, this vegetation can be flooded for extended
periods of time and be stressed or killed. This is particularly true of
areas upstream of reservoirs like Lake Isabella in California,
Roosevelt and Horseshoe Reservoirs in Arizona, and Elephant Butte
Reservoir in New Mexico, all of which have relatively large western
yellow-billed cuckoo populations. The
[[Page 11474]]
filling and draw-down of reservoirs often mimics the flooding and
drying events associated with intact riparian woodland habitat and
river systems providing habitat for the western yellow-billed cuckoo.
In southern Arizona and New Mexico, where water is less available
and releases do not mimic the natural hydrograph, riparian habitat is
often narrower, patchier, sparser, and composed of more xeroriparian
and nonriparian trees and large shrubs than in a free flowing river.
Habitat regeneration opportunities occur less frequently than in
natural systems or managed systems that mimic the natural hydrograph.
Prolonged drying and flooding from reservoir management can also affect
food resources and habitat suitability for western yellow-billed
cuckoos. For example, food availability is affected when prolonged
inundation reduces survivability of ground-dwelling insects such as
sphinx moth pupa or katydid eggs (Peterson et al. 2008, pp. 7-9).
Likewise, prolonged drying reduces the vegetation available for prey
insects to consume, so less insect biomass is available for western
yellow-billed cuckoos.
In the southwestern United States, the North American Monsoon
season, which peaks in July and August when western yellow-billed
cuckoos are breeding, provides about 45 percent and 35 percent of the
annual precipitation for New Mexico and Arizona, respectively (Erfani
and Mitchell 2014, p. 13,096). The increased humidity and rains promote
rapid and dense herbaceous growth (forbs, grasses, and vines) in
occupied habitat in riparian (including xeroriparian) drainages
intersecting desert scrub and desert grassland, and Madrean evergreen
woodlands. In southeastern Arizona, Madrean evergreen woodland habitat
receives half of the annual precipitation during the growing season
from May through August (Brown 1994, pp. 60, 62).
Therefore, based on the information above, we identify flowing
perennial rivers and streams and deposited fine sediments as physical
and biological features essential to the conservation of the western
yellow-billed cuckoo. These conditions may occur in either natural or
regulated human-altered riverine systems. We also identify intermittent
and ephemeral drainages and immediately adjacent upland habitat (which
receive moisture as a result of summer monsoon events and other
seasonal precipitation) that promote seed germination and regeneration
as essential physical or biological features of western yellow-billed
cuckoo habitat.
Cover or shelter. Riparian woodland (including mesquite bosques),
desert scrub, and desert grassland drainages with a tree component, and
Madrean evergreen woodland vegetation provides the western yellow-
billed cuckoo with cover and shelter while foraging and nesting.
Placing nests in dense vegetation provides cover from predators that
would search for adult western yellow-billed cuckoos, their eggs,
nestlings, and fledged young. For example, northern harriers (Circus
cyaneus) prey on western yellow-billed cuckoo nestlings in open
riparian vegetation at restoration sites. Dense vegetation in the
habitat patch makes it difficult for northern harriers to prey on
species like the western yellow-billed cuckoo (Laymon 1998, pp. 12-14).
As noted above, shelter provided by the vegetation also contributes
toward providing nesting sites, temperature amelioration, and increased
humidity, all of which assist in benefiting the life history of western
yellow-billed cuckoo.
Therefore, we identify riparian trees, including but not limited to
willow, cottonwood, alder, walnut, sycamore, boxelder, ash, mesquite,
and tamarisk, that provide cover and shelter for nesting, foraging, and
dispersing western yellow-billed cuckoos as physical or biological
features essential to the conservation of the western yellow-billed
cuckoo. In more arid riparian woodland, desert scrub, and desert
grassland drainages with a tree component, and Madrean evergreen
woodland drainages of southeastern Arizona, in addition to the riparian
species above we identify oak, upland mesquite, hackberry, sycamore,
acacia, juniper, greythorn, mimosa, soapberry, Arizona cypress, desert
willow, and pine that provide cover and shelter for nesting, foraging,
and dispersing western yellow-billed cuckoos as physical or biological
features essential to the conservation of the western yellow-billed
cuckoo.
Sites for breeding, reproduction, or rearing (or development) of
offspring. Nest site characteristics in rangewide riparian woodland
breeding habitat have been compiled from 217 western yellow-billed
cuckoo nests on the Sacramento and South Fork Kern Rivers in
California, and the Bill Williams and San Pedro Rivers in Arizona.
Western yellow-billed cuckoos generally nest in thickets dominated by
willow trees along floodplains greater than 200 ac (81 ha) in extent
and greater than 325 ft (100 m) in width. Nests are placed on well-
foliaged branches closer to the tip of the branch than the trunk of the
tree (Hughes 1999, p. 13). Nests are built from 4 ft to 73 ft (1 m to
22 m) above the ground (average 22 ft (7 m)). Nests at the San Pedro
River averaged higher (29 ft (9 m)) than either the Bill Williams River
(21 ft (6 m)) or the South Fork Kern River (16 ft (5 m)). Nest trees
ranged from 10 ft (3 m) to 98 ft (30 m) in height and averaged 35 ft
(11 m). In older stands, heavily foliaged branches that are suitable
for nesting often grow out into small forest openings or over sloughs
or streams, making for ideal nest sites. In younger stands, nests are
more often placed in vertical forks or tree crotches. Nest sites in
rangewide riparian breeding habitat are placed in willows (72 percent
of 217 nests), in generally willow-dominated sites. Nests have also
been documented in other riparian tree species, including Fremont
cottonwood (13 percent), mesquite (7 percent), tamarisk (4 percent),
netleaf hackberry (Celtis laevigata var. reticulata) (2 percent),
English walnut (Juglans regia) (1 percent), boxelder (less than 1
percent), and soapberry (Sapindus saponaria) (less than 1 percent)
(Laymon 1980, p. 8; Laymon 1998, p. 7; Hughes 1999, p. 13; Corman and
Magill 2000, p. 16; Halterman 2001, p. 11; Halterman 2002, p. 12;
Halterman 2003, p. 11; Halterman 2004, p. 13; Corman and Wise-Gervais
2005, p. 202; Halterman 2005, p. 10; Halterman 2007, p. 5; Holmes et
al. 2008, p. 21).
Canopy cover directly above the nest is generally dense (averages
cover is 89 percent) and is denser at the South Fork Kern River (93
percent) and Bill Williams River (94 percent) than at the San Pedro
River (82 percent). Canopy closure in a plot around the nest averages
71 percent and was higher at the Bill Williams River (80 percent) than
at the South Fork Kern River (74 percent) or San Pedro River (64
percent) (Laymon et al. 1997, pp. 22-23; Halterman 2001, pp. 28-29;
Halterman 2002, p. 25; Halterman 2003, p. 27; Halterman 2004, p. 42;
Halterman 2005, p. 32; Halterman 2006, p. 34). In the intermountain
west (Idaho, Utah, Colorado), the western yellow-billed cuckoo breeds
in similar habitats as described above but are more scattered and in
lower density (Parrish et al. 1999, pp. 196-197; Taylor 2000, pp. 252-
253; Idaho Fish and Game 2005, entire; Wiggins 2005, p. 15). Optimal
breeding habitat in rangewide riparian breeding habitat contains
willow-dominated groves with dense canopy closure and well-foliaged
branches for nest building with nearby foraging areas consisting of a
mixture of cottonwoods and willows with a high volume of healthy
foliage.
In a study on the lower Colorado River, yellow-billed cuckoos
nested in cottonwoods (n = 95, 57.5 percent), Goodding's willows (n =
49, 29.7
[[Page 11475]]
percent), honey mesquite (Prosopis glandulosa) (n = 13, 7.9 percent),
tamarisk (n = 5, 3.0 percent), coyote willow (n = 2, 1.2 percent), and
seep willow (n = 1, 0.7 percent) (Parametrix, Inc. and Southern Sierra
Research Station 2019, Table 24 p. 89). Trees or shrubs used as nest
substrates ranged in height from 2.5 m (8.2 ft) to 25.0 m (82 ft) (mean
= 12.3 m (40.4 ft)). Nest heights ranged from 1 m (3.3 ft) to 20 m (66
ft) (mean = 7.6 m (24.8 ft)) (Parametrix, Inc. and Southern Sierra
Research Station 2019, pp. ES-3, 88). Cottonwood, willow, and mesquite
were planted. Tamarisk was not planted and is uncommon within the
revegetation sites.
Some historical records document western yellow-billed cuckoo
presence during the breeding season in extensive mesquite bosques on
the Santa Cruz River and in the semi-desert grasslands and desert scrub
xeroriparian drainages of Canelo Hills; and in the Madrean evergreen
woodlands mountain drainages of the Atascosa, Pajarito, Santa Rita,
Patagonia, Huachuca, and Chiricahua Mountains of Southeastern Arizona
(Groschupf (1987, pp. 11, 14, 16; Corman and Magill 2000, pp. 26-29,
37). In Arizona in the late 1990s, western yellow-billed cuckoos were
documented in Sycamore Canyon and Pena Blanca Canyon in the Atascosa
Mountains, Canelo Hills, and in the desert scrub and grassland
xeroriparian drainages in the Altar Valley on Buenos Aires National
Wildlife Refuge (Corman and Magill (2000, pp. 38, 40-44, 48, 51). The
first oak nest documented in a Madrean evergreen woodland drainage was
found in the lower Santa Rita Mountains in 2014 (Tucson Audubon 2015,
p. 44).
In a study to confirm western yellow-billed cuckoo breeding in
ephemeral xeroriparian drainages in Madrean evergreen woodland, desert
and semi-desert scrub, and semi-desert grassland habitats, 18 nests
were found in 15 drainages in the lower Santa Catalina, lower Santa
Rita, Patagonia, and lower Atascosa Mountains; and in the bajadas and
foothill drainages of Buenos Aires National Wildlife Refuge (Sferra et
al. 2019, pp. 9-10). Trees where nests were placed varied in size and
amount of cover, ranging from small to large trees and from well-
concealed nests to partially exposed nests (Service 2018, entire). All
but one nest was located along the drainage bottoms (See section on
southwestern breeding (nesting) habitat for general Madrean evergreen
woodland breeding habitat characteristics).
Therefore, we identify rangewide riparian woodland generally
containing willow and cottonwood, usually within floodplains greater
than 200 ac (81 ha) in extent and greater than 325 ft (100 m) in width,
with one or more densely foliaged nesting areas, to be a physical or
biological feature essential to the conservation of the species. In
some areas, we also identify southwestern breeding habitat (riparian
habitat (including xeroriparian and mesquite bosques), desert scrub and
desert grassland drainages with a tree component, and Madrean evergreen
woodland drainages) that may be less than the 200 ac (81 ha) area, 325
ft (100 m) width with one or more nesting and foraging sites to be a
physical or biological feature essential to the conservation of the
species.
Effects of climate change. The available information on the effects
of climate change has led us to predict that there will be altered
environmental conditions across the western United States (the breeding
range of the western yellow-billed cuckoo) (Hoerling et al. 2012, pp.
3-15). In the southwestern United States, northern Mexico, California,
Intermountain West, and Pacific Northwest, climate change information
is generally leading us to predict an overall warmer, drier climate,
with periodic episodic precipitation events that, depending on site
conditions, are expected to have adverse effects on habitat of the
western yellow-billed cuckoo (Enquist et al. 2008, pp. 1-32; Gardali et
al. 2012, pp. 8-10; Munson et al. 2012, pp. 1,083-1,095). In rivers
that depend on snowmelt, these changes are expected to result in more
winter flooding and reduced summer stream flows (Dominguez et al. 2012,
pp. 1-7). The amount of surface and groundwater available to regenerate
and sustain riparian forests is expected to decline overall with
persistent drought, favor the spread of tamarisk and other nonnative
vegetation, and increase fire frequency (Westerling et al. 2006, pp.
942-943; McCarthy 2012, pp. 23-25).
Precipitation events under most climate change scenarios within the
range of the DPS will decrease in frequency and increase in severity
(Dominguez et al. 2012, pp. 4-7; Melillo et al. 2014, pp. 70-81).
Impacts to habitat from climate change will exacerbate impacts from
impoundments, channelization, and alteration of river flows across the
western United States and Mexico, and from conversion of habitat from
native to mostly nonnative vegetation (Glenn and Nagler 2005, p. 439;
Bradley et al. 2009, pp. 1514-1519; IPCC 2014, pp. 4-11).
Changing climate is expected to place added stress on the species
and its habitat. This change may reduce available nesting sites and
patch size and affect prey abundance as a result of lower humidity in
riparian areas from reduced moisture retention, through periods of
prolonged desiccation, and through increased likelihood of scouring
flood events (Melillo et al. 2014, p. 75). In addition, evidence shows
that climate change may disrupt the synchrony of nesting western
yellow-billed cuckoos and their food supply, causing further population
decline and curtailment of its occupied range (Durst 2004, pp. 40-41;
Scott et al. 2004, p. 70; Visser and Both 2005, pp. 2,561-2,569). For a
more thorough discussion of climate change and the impacts it has on
habitat for the western yellow-billed cuckoo, see the final rule to
list the species as threatened published in the Federal Register on
October 3, 2014 (79 FR 59992 at 60023).
Physical or Biological Features for the Western Yellow-Billed Cuckoo
According to 50 CFR 424.12(b)(1)(ii), we identify physical and
biological features essential to the conservation of the species at an
appropriate level of specificity using the best available scientific
data. This analysis will vary between species and may include
consideration of the appropriate quality, quantity, and spatial and
temporal arrangements of such features in the context of the life
history, status, and conservation needs of the species.
Based on our current knowledge of the habitat characteristics
required to sustain the species' life-history processes including
breeding, foraging, and dispersing, we propose to determine that the
specific physical or biological features essential to the conservation
of the western yellow-billed cuckoo are composed of three components
below:
Physical or Biological Feature 1--Riparian woodlands; mesquite
woodlands (mesquite-thorn-forest), and Madrean evergreen woodland
drainages. This physical or biological feature includes breeding
habitat found throughout the DPS range as well as additional breeding
habitat characteristics unique to the Southwest.
a. Rangewide breeding habitat (including areas in the Southwest).
Rangewide breeding habitat is composed of woodlands within floodplains
or in upland areas or terraces often greater than 325 ft (100 m) in
width and 200 ac (81 ha) or more in extent with an overstory and
understory vegetation component in contiguous or nearly contiguous
patches adjacent to intermittent or perennial watercourses. The slope
of the watercourses is
[[Page 11476]]
generally less than 3 percent but may be greater in some instances.
Nesting sites within the habitat have an above-average canopy closure
(greater than 70 percent), and have a cooler, more humid environment
than the surrounding riparian and upland habitats.
b. Southwestern breeding habitat. Southwestern breeding habitat is
composed of more arid riparian woodlands (including mesquite bosques),
desert scrub and desert grassland drainages with a tree component, and
Madrean evergreen woodlands (oak and other tree species), in perennial,
intermittent, and ephemeral drainages. These more arid riparian
woodland drainages also bisect other habitat types, including Madrean
evergreen woodland, native and nonnative desert grassland, and desert
scrub. More than one habitat type within and adjacent to the drainage
may contribute toward nesting habitat. Southwestern breeding habitat is
more water-limited, contains a greater proportion of xeroriparian and
nonriparian plant species, and is often narrower, more open, patchier,
or sparser than elsewhere in the DPS and may persist only as narrow
bands or scattered patches along the bankline or as small in-channel
islands. The habitat contains a tree or large-shrub component with a
variable overstory canopy and understory component that is sometimes
less than 200 ac (81 ha). Riparian trees (including xeroriparian) in
these ecosystems may even be more sparsely distributed and less
prevalent than nonriparian trees. Adjacent habitat may include managed
(mowed) nonnative vegetation or terraces of mesquite or other drought-
tolerant species within the floodplain. In narrow or arid ephemeral
drainages, breeding habitat commonly contains a mix of nonriparian
vegetation found in the base habitat as well as riparian (including
xeroriparian) trees.
Physical or Biological Feature 2--Adequate prey base. Presence of
prey base consisting of large insect fauna (for example, cicadas,
caterpillars, katydids, grasshoppers, large beetles, dragonflies, moth
larvae, spiders), lizards, and frogs for adults and young in breeding
areas during the nesting season and in post-breeding dispersal areas.
Physical or Biological Feature 3--Hydrologic processes, in natural
or altered systems, that provide for maintaining and regenerating
breeding habitat. This physical or biological feature includes
hydrologic processes found in rangewide breeding habitat as well as
additional hydrologic processes unique to the Southwest in southwestern
breeding habitat:
a. Rangewide breeding habitat hydrologic processes (including the
Southwest): Hydrologic processes (either natural or managed) in river
and reservoir systems that encourage sediment movement and deposits and
promote riparian tree seedling germination and plant growth,
maintenance, health, and vigor (e.g., lower-gradient streams and broad
floodplains, elevated subsurface groundwater table, and perennial
rivers and streams). In some areas where habitat is being restored,
such as on terraced slopes above the floodplain, this may include
managed irrigated systems that may not naturally flood due to their
elevation above the floodplain.
b. Southwestern breeding habitat hydrologic processes: In
southwestern breeding habitat, elevated summer humidity and runoff
resulting from seasonal water management practices or weather patterns
and precipitation (typically from North American Monsoon or other
tropical weather events) provide suitable conditions for prey species
production and vegetation regeneration and growth. Elevated humidity is
especially important in southeastern Arizona, where cuckoos breed in
intermittent and ephemeral drainages.
Because the western yellow-billed cuckoo exists in noncontiguous
areas across a wide geographical and elevational range and its habitat
is subject to dynamic events, the areas described below are essential
to the conservation of the western yellow-billed cuckoo because they
provide opportunities for breeding, allow for connectivity between
habitat, assist in dispersal, provide redundancy to protect against
catastrophic loss, and provide representation of the varying habitat
types used for breeding, thereby helping to sustain the species. The
physical or biological features essential to the conservation of the
western yellow-billed cuckoo are present in the areas proposed to be
designated, but the specific quality of habitat for nesting, migration,
and foraging will vary in condition and location over time due to plant
succession and the dynamic environment in which they exist. As a
result, the areas that are proposed for designation may not contain at
any one time all of the physical and biological features that have been
identified for the western yellow-billed cuckoo, but all areas contain
at least one.
We define revised proposed critical habitat as areas that contain
at least physical or biological feature number 1 (including mesquite
bosques); desert scrub and desert grassland drainages with a tree
component; or Madrean evergreen woodland drainages. Based on use of the
areas as breeding, we conclude that all of the areas identified contain
all or most of the physical or biological features, but in some cases,
these features are less prevalent, or their presence is variable over
time due to the changing nature of habitat from hydrologic processes.
As stated above, all critical habitat units within the revised proposed
critical habitat are considered to have been occupied at the time of
listing.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain features that are essential to the conservation of
the species and which may require special management considerations or
protection. Here we describe the type of special management
considerations or protection that may be required for the physical or
biological features identified for the western yellow-billed cuckoo
above. The specific critical habitat units and subunits where these
management considerations or protection are identified in table 2
below.
A detailed discussion of activities influencing the western yellow-
billed cuckoo and its habitat can be found in the final listing rule
(79 FR 59992, October 3, 2014). The above-described physical or
biological features (PBFs) may require special management
considerations or protection to reduce the following threats or
potential threats: Disruption of hydrologic processes that are
necessary to maintain a healthy riparian system; unauthorized or
uncontrolled grazing; loss of habitat from development activities and
extractive uses (sand or gravel extraction); degradation of habitat as
a result of expansion of nonnative vegetation; destruction of habitat
by uncontrolled wildfire; reduction of prey insect abundance by the
unauthorized or improper application of pesticides; removal of habitat
by biocontrol insects; and habitat loss and degradation from invasive
nonnative pest insects. More specific activities which may need special
management are identified in table 2, below.
Special management considerations or protection are required within
critical habitat areas to address these threats. Management activities
that could ameliorate these threats include (but are not limited to)
the following: Monitoring and regulating stream flows below reservoirs
to mimic natural
[[Page 11477]]
flooding and other hydrologic processes to help maintain habitat;
establishing permanent conservation easements or land acquisition to
protect the species and its habitat; minimizing habitat disturbance,
fragmentation, and destruction through use of best management
practices; and providing appropriate buffers around western yellow-
billed cuckoo habitat.
Changes Between Previous Proposal and Current Revised Proposal
On August 15, 2014, we proposed approximately 546,335 ac (221,094
ha) in 80 units for the western yellow-billed cuckoo (79 FR 48548). We
are now proposing approximately 493,665 ac (199,779 ha) in 72 units as
critical habitat in Arizona, California, Colorado, Idaho, New Mexico,
Texas, and Utah. Approximately 164,248 ac (66,484 ha) of areas
previously proposed as critical habitat are no longer being proposed as
critical habitat (30 percent reduction of previous proposal). Based on
new information and our conservation strategy, we are also proposing
new areas totaling approximately 26,061 ac (10,547 ha) (5 percent). The
remainder 467,604 ac (189,233 ha) are areas we previously proposed in
2014. This change and other changes below were partly the result of
comments and information received on the previous proposal (from peer
reviewers; Federal, State, and local land management agencies; and the
public), corrections, and our reevaluation of the areas considered as
essential to the conservation of the species. The comments and
information received on the 2014 proposal are available online at
https://www.regulations.gov/docket?D=FWS-R8-ES-2013-0011. Summaries of
more specific changes are outlined below.
(1) Revision of the Physical or Biological Features: As outlined
above in the Critical Habitat section, we revised our definition of the
physical or biological features essential to the conservation of the
species to describe and incorporate more accurately the habitat used by
the western yellow-billed cuckoo for breeding, especially in the
monsoonal breeding habitat. These changes were made as a result of
comments received on habitat use of the western yellow-billed cuckoo
and a reevaluation of the types of habitat used and habitat
requirements of the western yellow-billed cuckoo across its range,
specifically in regard to western yellow-billed cuckoos using monsoonal
type habitats in addition to what has been considered more typical
riparian habitats. Because of the variable ecological conditions,
characteristics, and use of habitat by the western yellow-billed cuckoo
across the species' range, information obtained from the comments
received indicated that we needed to be more specific about the habitat
differences and habitat requirements for the species and include that
range of habitat in the revised proposal (see Physical or Biological
Features for the Western Yellow-Billed Cuckoo).
(2) Reevaluation of Conservation Strategy for Determining Critical
Habitat: In development of this revised proposed designation, we
reevaluated our conservation strategy for determining which areas to
consider as critical habitat for the western yellow-billed cuckoo to
better reflect the biological information and conservation needs of the
species (see Conservation Strategy and Selection Criteria Used To
Identify Critical Habitat). In our reevaluation we took into account
the importance of the Southwest as the main breeding area for the
western yellow-billed cuckoo as well as including areas of differing
habitat and distribution.
(3) Landownership Identification: We received numerous comments
from Federal, State, local, and private landowners regarding
discrepancies in land ownership identifications. In response to these
comments, we have attempted to the best of our ability to reconcile
these discrepancies by using information provided in the docket or
using newer land ownership information where available. We are
currently asking for any updated landownership information during the
public comment period for this proposed rule (see Ownership Mapping
Considerations).
Revised Proposed Critical Habitat Designation
We are proposing 72 units as critical habitat for the western
yellow-billed cuckoo. The critical habitat areas we describe below
constitute our current best assessment of areas that meet the
definition of critical habitat for the western yellow-billed cuckoo.
Table 1 below identifies the units (in acres (hectares)) within the
geographical area occupied by the species at the time of listing that
contain the physical or biological features that support multiple life-
history processes for the western yellow-billed cuckoo. Land areas
identified as ``Other'' include county, city, unclassified, or unknown
land ownerships.
Table 1--Revised Proposed Critical Habitat Units for Western Yellow-Billed Cuckoo
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal State Tribal Other Total
Unit name Unit -------------------------------------------------------------------------------------------------------------
AC HA AC HA AC HA AC HA AC HA
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA-AZ 1 Colorado River 1......... 1 31,351 12,687 4,207 1,702 22,315 9,031 24,265 9,820 82,138 33,240
CA-AZ 2 Colorado River 2......... 2 15,189 6,146 2 1 4,732 1,915 3,668 1,484 23,589 9,546
AZ 1 Bill Williams River......... 3 2,640 1,068 ......... ......... ......... ......... 749 303 3,389 1,371
AZ 2 Alamo Lake.................. 4 1,840 745 ......... ......... ......... ......... 953 386 2,793 1,130
AZ 3 Hassayampa River............ 5 12 5 ......... ......... ......... ......... 896 362 908 367
AZ 4 Agua Fria River............. 6 1,802 729 235 95 ......... ......... 1,300 527 3,336 1,350
AZ 5 Upper Verde Creek........... 7 2,504 1,013 821 332 191 77 2,531 1,024 6,047 2,447
AZ 6 Oak Creek................... 8 596 241 160 65 ......... ......... 1,475 597 2,231 903
AZ 7 Beaver Creek................ 9 1,491 603 ......... ......... 3 1 588 238 2,082 842
AZ 8 Lower Verde/West Clear Ck... 10 570 231 32 13 43 17 1,534 621 2,178 882
AZ 9A Horseshoe Dam.............. 11 2,743 1,110 ......... ......... ......... ......... ......... ......... 2,743 1,110
AZ 9B Horseshoe Dam.............. 11 1,194 483 ......... ......... ......... ......... 37 15 1,231 498
AZ 10 Tonto Creek................ 12 2,529 1,023 ......... ......... ......... ......... 1,141 462 3,669 1,485
AZ 11 Pinal Creek................ 13 30 12 ......... ......... ......... ......... 389 157 419 169
AZ 12 Bonita Creek............... 14 828 335 ......... ......... ......... ......... 101 40 928 375
AZ 13 San Francisco River........ 15 1,192 482 ......... ......... ......... ......... 135 55 1,327 537
AZ 14 Upper San Pedro River...... 16 17,958 7,267 1,903 770 ......... ......... 11,199 4,532 31,060 12,569
AZ 15 Lower San Pedro/Gila River. 17 2,957 1,197 2,282 925 729 295 17,431 7,055 23,400 9,470
AZ 16 Sonoita Creek.............. 18 ......... ......... 926 375 ......... ......... 1,563 632 2,488 1,007
AZ 17 Upper Cienega Creek........ 19 4,630 1,874 574 232 ......... ......... ......... ......... 5,204 2,106
AZ 18 Santa Cruz River........... 20 505 204 4 2 ......... ......... 9,034 3,656 9,543 3,862
[[Page 11478]]
AZ 19 Black Draw................. 21 896 362 134 54 ......... ......... 570 231 1,599 647
AZ 20 Gila River 1............... 22 779 315 215 87 10,183 4,121 9,547 3,863 20,724 8,387
AZ 21 Salt River................. 23 2,469 999 ......... ......... ......... ......... 121 49 2,590 1,048
AZ 22 Lower Cienega Creek........ 24 ......... ......... 759 307 ......... ......... 1,601 648 2,360 955
AZ 23 Blue River................. 25 1,025 415 ......... ......... ......... ......... ......... ......... 1,025 415
AZ 24 Pinto Creek South.......... 26 368 149 ......... ......... ......... ......... 5 2 373 151
AZ 25 Aravaipa Creek............. 27 622 252 116 47 392 159 2,199 890 3,329 1,347
AZ 26 Gila River 2............... 28 1,953 791 206 83 1,436 581 4,994 2,021 8,588 3,475
AZ 27 Pinto Creek North.......... 29 415 168 ......... ......... ......... ......... 12 5 427 173
AZ 28 Mineral Creek.............. 30 1 0 198 80 ......... ......... 180 73 380 154
AZ 29 Big Sandy River............ 31 5,269 2,132 1,453 588 236 96 13,221 5,351 20,179 8,166
NM 1 San Francisco River......... 32 738 299 10 4 ......... ......... 1,291 522 2,039 825
NM 2 Gila River.................. 33 974 394 201 81 ......... ......... 3,002 1,215 4,177 1,690
NM 3A Mimbres River.............. 34 ......... ......... ......... ......... ......... ......... 260 105 260 105
NM 3B Mimbres River.............. 34 ......... ......... ......... ......... ......... ......... 285 115 284 115
NM 4 Upper Rio Grande 1.......... 35 ......... ......... ......... ......... 1,313 531 517 209 1,830 741
NM 5 Upper Rio Grande 2.......... 36 ......... ......... ......... ......... 1,173 475 ......... ......... 1,173 475
NM 6A Middle Rio Grande.......... 37 ......... ......... 7 3 6,273 2,539 958 388 7,238 2,929
NM 6B Middle Rio Grande.......... 37 11,802 4,776 21,907 8,865 2,257 913 25,376 10,270 61,343 24,825
NM 7 Upper Gila River............ 38 1,086 440 188 76 ......... ......... 3,453 1,397 4,727 1,913
NM 8A Caballo Delta North........ 39 190 77 ......... ......... ......... ......... ......... ......... 190 77
NM 8B Caballo Delta South........ 39 155 63 ......... ......... ......... ......... ......... ......... 155 63
NM 9 Animas...................... 40 ......... ......... ......... ......... ......... ......... 608 246 608 246
NM 10 Selden Cyn/Radium Springs.. 41 20 8 ......... ......... ......... ......... 218 88 237 96
AZ 30 Arivaca Wash/San Luis...... 42 4,662 1,887 89 36 ......... ......... 1,014 410 5,765 2,333
AZ 31 Florida Wash............... 43 449 182 255 103 ......... ......... 43 18 747 302
AZ 32 California Gulch........... 44 376 152 ......... ......... ......... ......... 182 73 558 226
AZ 33 Sycamore Canyon............ 45 601 243 ......... ......... ......... ......... 0 0 601 243
AZ 34 Madera Canyon.............. 46 1,419 574 ......... ......... ......... ......... 313 127 1,732 701
AZ 35 Montosa Canyon............. 47 496 201 ......... ......... ......... ......... 3 1 499 202
AZ 36 Patagonia Mountains........ 48 1,059 429 8 3 ......... ......... 845 341 1,912 774
AZ 37 Canelo Hills............... 49 1,381 559 1 1 ......... ......... 1,440 583 2,822 1,142
AZ 38 Arivaca Lake............... 50 567 229 417 169 ......... ......... 381 154 1,365 553
AZ 39 Peppersauce Canyon......... 51 317 128 ......... ......... ......... ......... 32 13 349 141
AZ 40 Pena Blanca Canyon......... 52 483 196 ......... ......... ......... ......... ......... ......... 484 196
AZ 41 Box Canyon................. 53 317 128 184 74 ......... ......... 34 14 536 217
AZ 42 Rock Corral Canyon......... 54 190 77 25 10 ......... ......... ......... ......... 214 87
AZ 43 Lyle Canyon................ 55 716 290 ......... ......... ......... ......... 577 234 1,293 523
AZ 44 Parker Canyon Lake......... 56 1,424 576 ......... ......... ......... ......... 75 31 1,499 607
AZ 45 Barrel Canyon.............. 57 755 306 ......... ......... ......... ......... 164 66 920 372
AZ 46 Gardner Canyon............. 58 4,320 1,748 290 117 ......... ......... 471 191 5,081 2,056
AZ 47 Brown Canyon............... 59 726 294 228 92 ......... ......... 159 65 1,113 451
AZ 48 Sycamore Canyon/Patagonia.. 60 604 245 ......... ......... ......... ......... ......... ......... 604 245
AZ 49 Washington Gulch........... 61 361 146 ......... ......... ......... ......... 226 91 587 237
AZ 50 Paymaster Spring/Mowry..... 62 390 158 ......... ......... ......... ......... 512 207 903 365
CA 1 Sacramento River............ 63 2,123 859 485 197 ......... ......... 32,800 13,274 35,406 14,328
CA 2 South Fork Kern River....... 64 88 35 419 170 ......... ......... 2,133 863 2,640 1,068
ID 1 Snake River 1............... 65 3,694 1,494 1,763 713 2,527 1,023 1,672 676 9,655 3,907
ID 2 Snake River 2............... 66 5,862 2,372 1,940 785 ......... ......... 3,641 1,473 11,442 4,630
ID 3 Henry's Fork/Teton Rivers... 67 756 305 511 206 ......... ......... 3,374 1,366 4,641 1,878
CO 1 Colorado River.............. 68 32 13 417 169 ......... ......... 3,553 1,438 4,002 1,620
CO 2 North Fork Gunnison......... 69 115 47 ......... ......... ......... ......... 2,211 895 2,326 941
UT 1 Green River 1............... 70 4,657 1,885 4,411 1,785 14,611 5,913 4,702 1,903 28,381 11,486
UT 2 Green River 2............... 71 40 17 632 256 ......... ......... 462 187 1,135 459
TX 1 Terlingue Creek/Rio Grande.. 72 7,792 3,153 ......... ......... ......... ......... 121 49 7,913 3,202
----------------------------------------------------------------------------------------------------------------------
Totals....................... ....... 168,095 68,023 48,615 19,673 68,414 27,687 208,547 84,397 493,665 199,779
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes do not sum due to rounding.
We also provide information on special management considerations or
protection that may be required for the physical or biological features
essential to the conservation of the species within each of those
units. The special management considerations include actions to address
the main threats to western yellow-billed cuckoo habitat and are
grouped into three categories: (1) Threats from alteration of
hydrology; (2) threats from floodplain encroachment; and (3) other
identified threats. These threats and special management considerations
are summarized in table 2. See end of table for definition of codes.
Table 2--Threats to Habitat and Potential Special Management Considerations
----------------------------------------------------------------------------------------------------------------
Threats from Threats from
Unit Name of unit alteration of floodplain Other threats Special mgt.
hydrology encroachment
----------------------------------------------------------------------------------------------------------------
1........... CA/AZ-1 Colorado River A, B, C E, F, G, H, I, J K, L, M, N, P R, S, T.
1.
[[Page 11479]]
2........... CA/AZ-2 Colorado River A, B, C E, F, G, H, I, J K, L, M, N, P R, S, T.
2.
3........... AZ-1 Bill Williams A, B, C ................. K, M, N, P R, T.
River.
4........... AZ-2 Alamo Lake....... B, C, D F K, M, N, P, Q R, S, T.
5........... AZ-3 Hassayampa River. B, C E, F, G, H, I, J K, L, M, N, P R, S, T.
6........... AZ-4 Agua Fria River.. A, B, C F, G, I K, L, M, N, P R, S, T.
7........... AZ-5 Upper Verde River B, C F, G, I K, M, N, P R, S, T.
8........... AZ-6 Oak Creek........ B, C F, G, I K, M, N, P, Q R, S, T.
9........... AZ-7 Beaver Creek..... B, C F, G, I K, M, N, P R, S, T.
10.......... AZ-8 Lower Verde R./ A, B, C F, G, I K, M, N, P R, S, T.
West Clear Creek.
11.......... AZ-9A Horseshoe Dam... A, B, C, D I K, M, N,P,Q R, S, T.
11.......... AZ-9B Horseshoe Dam... A, B, C, D I K, M, N,P,Q R, S, T.
12.......... AZ-10 Tonto Creek..... B, C, D F, G, I K, M, N, P, Q R, S, T.
13.......... AZ-11 Pinal Creek..... B, C F, G, I, J K, L, M, N, P R, S, T.
14.......... AZ-12 Bonita Creek.... B, C F, I K, M, N, P, Q R, S, T.
15.......... AZ-13 San Francisco B, C F, I K, M, N, P R, S, T.
River.
16.......... AZ-14 Upper San Pedro B, C E, F, G, I K, L, M, N, P, Q R, S, T.
River.
17.......... AZ-15 Lower San Pedro A, B, C E, F, G, H, I K, L, M, N, P R, S, T.
and Gila Rivers.
18.......... AZ-16 Sonoita Creek... B, C, D F, G, I K, M, N, P, Q R, S, T.
19.......... AZ-17 Upper Cienega B, C F, G, I K, M, N, O, P, Q R, S, T.
Creek.
20.......... AZ-18 Santa Cruz River B, C E, F, G, H, I K, L, M, N, P R, S, T.
21.......... AZ-19 Black Draw...... B, C F K, M, N, P R, S, T.
22.......... AZ-20 Gila River 1.... A, B, C E, F, G, H K, L, M, N, P R, S, T.
23.......... AZ-21 Salt River...... A, B, C, D F, G, I K, M, N, P R, S, T.
24.......... AZ-22 Lower Cienega B, C E, F, G, I, J K, L, M, N, O, P R, S, T.
Creek.
25.......... AZ-23 Blue River...... A, B, C G, I, J K, M, N, P R, S, T.
26.......... AZ-24 Pinto Creek A, B, C F, G, I, J K, N, P R, S, T.
South.
27.......... AZ-25 Aravaipa Creek.. B, C E, F, I, J K, M, N, P R, S, T.
28.......... AZ-26 Gila River 2.... A, B, C F, G, I, J K, N, P R, S, T.
29.......... AZ-27 Pinto Creek B, C F, I, J K, N, P R, S, T.
North.
30.......... AZ-28 Mineral Creek... B, C E, F K, O, P, Q R, S, T.
31.......... AZ-29 Big Sandy River. B, C E, F,G, I, K, L, N, P, Q R, S, T.
32.......... NM-1 San Francisco B, C E, F, G, H, I K, L, M, N R, S, T.
River.
33.......... NM-2 Gila River....... B, C E, F, G, I, J K, L, M, N R, S, T.
34.......... NM-3A Mimbres River... B, C F, I K, M, N R, S, T.
34.......... NM-3B Mimbres River... B, C F, I K, M, N R, S, T.
35.......... NM-4 Upper Rio Grande A, B, C E, F, G, H, I K, L, M, N R, S, T.
1.
36.......... NM-5 Upper Rio Grande A, B, C E, F, G, H, I, J K, L, M, N R, S, T.
2.
37.......... NM-6A Middle Rio A, B, C, D E, F, G, H, I, J K, L, M, N R, S, T.
Grande.
37.......... NM-6B Middle Rio A, B, C, D E, F, G, H, I, J K, L, M, N R, S, T.
Grande.
38.......... NM-7 Upper Gila River. B, C E, F, G, I, J K, L, M, N R, S, T.
39.......... NM-8A Caballo Delta A, B, C, D E, F, G, I K, L, M, N, O, P, R, S, T.
North. Q
39.......... NM-8B Caballo Delta A, B, C, D E, F, G, I K, L, M, N, O, P, R, S, T.
South. Q
40.......... NM-9 Animas........... B, C F O, P T.
41.......... NM-10 Selden Canyon A, B, C E, F, G, H, I L, M, N, O, P, Q R, S, T.
and Radium Springs.
42.......... AZ-30 Arivaca Wash and B, C F, I K, M, N, P R, S, T.
San Luis Wash.
43.......... AZ-31 Florida Wash.... B, C E, F, G, I, J K, M, N, P R, S, T.
44.......... AZ-32 California Gulch B, C F, G, I K, M, N, O, P, Q R, S, T.
45.......... AZ-33 Sycamore Canyon. A, B, C F, G, I K, M, N, O, P, Q R, S, T.
46.......... AZ-34 Madera Canyon... B, C F, G, I K, M, N, O, P, Q R, S, T.
47.......... AZ-35 Montosa Canyon.. B, C F, I K, M, N, O, P, Q R, S, T.
48.......... AZ-36 Patagonia
Mountains.
49.......... AZ-37 Canelo Hills....
50.......... AZ-38 Arivaca Lake.... A, B, C F, G, I, J K, M, N, O, P, Q R, S, T.
51.......... AZ-39 Peppersauce B, C F, G, I K, M, N, O, P, Q R, S, T.
Canyon.
52.......... AZ-40 Pena Blanca B, C F, I K, M, N, O, P, Q R, S, T.
Canyon.
53.......... AZ-41 Box Canyon...... B, C F, G, I K, M, N, O, P, Q R, S, T.
54.......... AZ-42 Rock Corral B, C F, I K, M, N, O, P, Q R, S, T.
Canyon.
55.......... AZ-43 Lyle Canyon..... B, C F, I K, M, N, O, P, Q R, S, T.
56.......... AZ-44 Parker Canyon A, B, C F, G, I K, M, N, O, P, Q R, S, T.
Lake.
57.......... AZ-45 Barrel Canyon... A, B, C F, G, I K, M, N, O, P, Q R, S, T.
58.......... AZ-46 Gardner Canyon.. B, C I K, M, N, O, P, Q R, S,T.
59.......... AZ-47 Brown Canyon.... B, C F, I K, N, O, P, Q R, S, T.
60.......... AZ-48 Sycamore Canyon. B, C F, I K, N, O, P, Q R, S, T.
61.......... AZ-49 Washington Gulch B, C F, I K, N, O, P, Q R, S, T.
62.......... AZ-50 Paymaster Spring B, C F, I K, N, O, P, Q R, S, T.
63.......... CA-1 Sacramento River. A, B, C E, F, G, H, I, J K, L, M, N R, S, T.
64.......... CA-2 South Fork Kern A, B, C, D E, F, G, H, I K, L, M, N R, S, T.
River.
65.......... ID-1 Snake River 1.... A, B, C, D E, F, G, H, I K, L, M, N R, S, T.
66.......... ID-2 Snake River 2.... A, B, C E, F, G, H, I K, L, M, N R, S, T.
67.......... ID-3 Henry's Fork and A, B, C E, F, G, H, I K, L, M, N R, S, T.
Teton Rivers.
68.......... CO-1 Colorado River... A, B, C E, F, G, H, I, J K, L, M, N R, S, T.
69.......... CO-2 North Fork B, C E, F, G, H, I, J K, L, M, N R, S, T.
Gunnison R.
70.......... UT-1 Green River 1.... A, B, C E, F, G, H, I, J K, L, M, N R, S, T.
71.......... UT-2 Green River 2.... A, B, C E, F, G, H, I, J K, L, M, N R, S, T.
72.......... TX-2 Terlingua Creek A, B, C ................. K, M, N R, S, T.
and Rio Grande.
----------------------------------------------------------------------------------------------------------------
[[Page 11480]]
Definition of Codes
Threats from alteration of hydrology:
(A) Change in hydrology from upstream dams;
(B) surface water diversions;
(C) groundwater extraction; and
(D) fluctuating reservoir levels.
Threats from floodplain encroachment:
(E) Agricultural activities;
(F) other development (residential, commercial, etc.);
(G) bank stabilization;
(H) levee construction and maintenance;
(I) road and bridge construction and maintenance; and
(J) gravel mining.
Other threats:
(K) Overgrazing;
(L) pesticide drift;
(M) woodcutting;
(N) recreational activities (unauthorized off-highway-vehicle use);
(O) on- or off-site mining (other than gravel mining);
(P) impacts from human-caused wildfires;
(Q) disturbance from human foot traffic, vehicular traffic, and
associated noise.
Special management considerations:
(R) Manage hydrology to mimic natural flows and floodplain/drainage
processes;
(S) prevent encroachment into floodplain/drainage;
(T) control expansion of nonnative vegetation where control
benefits native vegetation (the positive and negative impacts of
nonnative vegetation removal should be carefully evaluated if it is a
component of existing habitat (i.e., tamarisk) in areas of altered
hydrology); and
(U) control invasive nonnative pest insects and manage habitat loss
and degradation from areas infested.
It should be noted that the effects of climate change may influence
streamflow, groundwater, wildfire, nonnative vegetation and other
aspects of western yellow-billed cuckoo habitat within the proposed
critical habitat. Because climate change is not a single threat but a
condition that influences other impacts to habitat, we did not identify
climate change as a single threat component.
Unit Descriptions
Below we present brief descriptions of the revised proposed units,
their extent, and reasons why they are essential. For readers
interested in the underlying information and data supporting these unit
descriptions (e.g., cited literature, permit reports, and other survey
efforts), these will be included in the supporting materials posted on
http://www.regulations.gov at Docket No. FWS-R8-ES-2013-0011.
Unit 1: CA/AZ-1 Colorado River 1; Imperial, Riverside, and San
Bernardino Counties, California, and Yuma and La Paz Counties, Arizona
Revised proposed critical habitat Unit CA/AZ-1 is 82,138 ac (33,240
ha) in extent including a 150-mi (242-km) stretch of the Colorado River
in Arizona and California. Approximately 31,351 ac (12,687 ha) is in
Federal ownership; 4,207 ac (1,702 ha) is in State ownership; 22,315 ac
(9,031 ha) is in Tribal ownership; and 24,265 ac (9,820 ha) is in other
ownership. This unit contains areas where habitat restoration efforts
have been conducted and monitored. The unit provides the habitat
component provided in physical or biological feature 1 (PBF 1) and the
prey component in physical or biological feature 2 (PBF 2). Hydrologic
processes, in natural or altered systems, that provide for maintaining
and regenerating breeding habitat as identified in physical or
biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit is considered to have been
occupied at the time of listing and is used by the western yellow-
billed cuckoo during the breeding season. This unit is part of the core
area as identified in our conservation strategy for designating
critical habitat for the western yellow-billed cuckoo.
The unit supports a small existing number of breeding western
yellow-billed cuckoos. Habitat restoration has been and continues to be
implemented at Palo Verde Ecological Reserve and several other
locations under the Lower Colorado River Multi-species Conservation
Program (Parametrix, Inc. and Southern Sierra Research Station 2016,
pp. 1-2). This program includes conservation measures to avoid,
minimize, and mitigate the potential effects from water diversions and
other covered activities on species and their habitat (Lower Colorado
River Multi-Species Conservation Program 2004, pp. 1-4, 1-5). The use
of flood irrigation and staggered planting at revegetation sites has
produced multi-storied cottonwood and willow habitat. Breeding western
yellow-billed cuckoos are colonizing these restoration sites during the
breeding season as soon as they provide suitable breeding habitat,
often within 2 to 5 years of planting (Parametrix, Inc. and Southern
Sierra Research Station 2016, p. 34). The main nesting tree species in
this unit include Goodding's willow, Fremont cottonwood, and tamarisk
(Parametrix, Inc. and Southern Sierra Research Station 2016, p. 2).
Other trees or large shrubs also used for nesting include honey
mesquite (Prosopis glandulosa and P. pubescens), seep willow, and
coyote willow (S. exigua) (Parametrix, Inc. and Southern Sierra
Research Station 2016, p. 2). Altered hydrology has contributed to the
establishment of tamarisk. Although tamarisk is not as desirable as
native habitat, it contributes toward habitat suitability in areas
where the native tree density can no longer be sustained.
Unit 2: CA/AZ-2 Colorado River 2; San Bernardino County, California and
Mohave County, Arizona
Revised proposed critical habitat unit CA/AZ-2 is 23,589 ac (9,546
ha) in extent. It is a 23-mi (37-km)-long continuous segment of the
Colorado River between the Interstate 40 Bridge, including Topock Marsh
in San Bernardino County, California, and upstream to the Arizona-
Nevada border in Mojave County, Arizona. Approximately 15,189 ac (6,146
ha), is in Federal ownership; 2 ac (less than 1 ha) is in State
ownership; 4,732 ac (1,915 ha), is in Tribal ownership; and 3,668 ac
(1,484 ha) is in other ownership. The site has a small existing number
of western yellow-billed cuckoos. The unit provides the habitat
component provided in physical or biological feature 1 (PBF 1) and the
prey component in physical or biological feature 2 (PBF 2). Hydrologic
processes, in natural or altered systems, that provide for maintaining
and regenerating breeding habitat as identified in physical or
biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit is considered to have been
occupied at the time of listing and is used by the western yellow-
billed cuckoo during the breeding season. Habitat restoration efforts
(such as tree planting) to augment existing habitat are currently being
implemented within the unit and the habitat is being used by the
species. This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
Unit 3: AZ-1 Bill Williams; Mohave and La Paz Counties, Arizona
Revised proposed critical habitat unit AZ-1 is 3,389 ac (1,371 ha)
in extent and is an 11-mi (18-km)-long continuous segment of the Bill
Williams River, a tributary to the Colorado River, from the upstream
end of Lake Havasu upstream to Castaneda Wash in Mojave and La Paz
Counties, Arizona.
[[Page 11481]]
Approximately 2,640 ac (1,068 ha), is in Federal ownership and 749 ac
(303 ha) is in other ownership. This site is important for breeding
western yellow-billed cuckoos as one of the historically largest and
most stable breeding areas (Gaines and Laymon 1984, p. 71; Johnson et
al. 2008a, p. 106). The unit provides the habitat component provided in
physical or biological feature 1 (PBF 1) and the prey component in
physical or biological feature 2 (PBF 2). Hydrologic processes, in
natural or altered systems, that provide for maintaining and
regenerating breeding habitat as identified in physical or biological
feature 3 (PBF 3) occurs within this unit but depends on river flows
and flood timing. This unit is considered to have been occupied at the
time of listing and is used by the western yellow-billed cuckoo during
the breeding season. This unit is part of the core area as identified
in our conservation strategy for designating critical habitat for the
western yellow-billed cuckoo.
Unit 4: AZ-2 Alamo Lake; Mohave and La Paz Counties, Arizona
Revised proposed critical habitat unit AZ-2 totals 2,793 ac (1,130
ha) in extent and is 9 mi (15 km) of continuous stream made up of a 6-
mi (10-km)-long continuous segment of the Santa Maria River and a 3-mi
(5-km)-long continuous segment of the Big Sandy River that feeds into
the Santa Maria River above Alamo Lake State Park in Mojave and La Paz
Counties, Arizona. Approximately 1,840 ac (745 ha) is in Federal
ownership, and 953 ac (386 ha) is in other ownership. This is a regular
nesting area for western yellow-billed cuckoos, meaning that the
species has been sighted nesting here multiple times in the 1998-2014
period. The site provides a movement corridor to habitat sites farther
north. Tamarisk, a nonnative species that reduces the habitat's value,
is a major component of habitat in this unit. The unit provides the
habitat component provided in physical or biological feature 1 (PBF 1)
and the prey component in physical or biological feature 2 (PBF 2).
Hydrologic processes, in natural or altered systems, that provide for
maintaining and regenerating breeding habitat as identified in physical
or biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit is considered to have been
occupied at the time of listing and is used by the western yellow-
billed cuckoo during the breeding season. This unit is part of the core
area as identified in our conservation strategy for designating
critical habitat for the western yellow-billed cuckoo.
Unit 5: AZ-3 Hassayampa River; Maricopa County, Arizona
Revised proposed critical habitat unit AZ-3 is 908 ac (367 ha) in
extent and is an approximately 7-mi (11-km)-long continuous segment of
the Hassayampa River in the vicinity of Wickenburg in Maricopa County,
Arizona. Approximately 12 ac (5 ha) is in Federal ownership, and 896 ac
(362 ha) is in other ownership. The unit provides the habitat component
provided in physical or biological feature 1 (PBF 1) and the prey
component in physical or biological feature 2 (PBF 2). Hydrologic
processes, in natural or altered systems, that provide for maintaining
and regenerating breeding habitat as identified in physical or
biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit is considered to have been
occupied at the time of listing and is used by the western yellow-
billed cuckoo during the breeding season. The site also provides a
movement corridor and migratory stop-over habitat for western yellow-
billed cuckoos. This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
Much of the private land in this revised proposed unit is within
TNC's Hassayampa River Preserve, which is occupied by yellow-billed
cuckoos during the breeding season. During protocol surveys in two
portions of this unit in 2015, approximately five territories were
detected (Kondrat-Smith 2015, entire; Kondrat-Smith 2016, entire). The
exact number of territories is unknown because the birds were unmarked.
Included in the five territories were two pairs that were detected
feeding nestlings. Western yellow-billed cuckoos are frequently
documented at this site during the breeding season, as is indicated in
detections in 6 years between 2000 and 2014 (Cornell Lab of Ornithology
2016 (eBird data) and 2 years between 1998 and 1999 (Corman and Magill
2000, pp. 42-43). Habitat is gallery woodland with cottonwood, willow,
and mesquite (Kondrat-Smith 2016, entire). Very little tamarisk is
present in much of the site because the river scours out frequently,
preventing tamarisk from becoming established.
Unit 6: AZ-4, Agua Fria River; Yavapai County, Arizona
Revised proposed critical habitat unit AZ-4 is 3,336 ac (1,350 ha)
in extent and is made up of a 17-mi (27-km)-long continuous segment of
the Agua Fria River (called Ash Creek above the confluence with
Sycamore Creek), which is joined by a 5-mi (8-km)-long continuous
segment of a tributary called Sycamore Creek. Other portions of
tributaries part of this unit include Silver Creek, Indian Creek, and
Little Ash Creek. Together they form a total of 22 mi (35.4 km) of
continuous segments located approximately 2.5 mi (4.0 km) east of
Cordes Lakes in Yavapai County, Arizona. Approximately 1,802 ac (729
ha) is in Federal ownership; 235 ac (95 ha) is in State ownership; and
1,300 ac (527 ha) is in other ownership. This site has consistently
been used by numerous breeding pairs of western yellow-billed cuckoos.
The unit provides the habitat component provided in physical or
biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
This unit is considered to have been occupied at the time of listing
and is used by the western yellow-billed cuckoo during the breeding
season. The site also provides migration stopover habitat for western
yellow-billed cuckoos moving farther north. Tamarisk, a nonnative
species that reduces the habitat's value, is a major component of
habitat in this unit. This unit is part of the core area as identified
in our conservation strategy for designating critical habitat for the
western yellow-billed cuckoo.
Unit 7: AZ-5, Upper Verde River; Yavapai County, Arizona
Revised proposed critical habitat unit AZ-5 is 6,047 ac (2,447 ha)
in extent. Approximately 2,504 ac (1,013 ha) is in Federal ownership;
821 ac (332 ha) is in State ownership; 191 ac (77 ha) is in Tribal
ownership; and 2,531 ac (1,024 ha) is in other ownership. The western
yellow-billed cuckoo has been detected during the breeding season. The
unit provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit but depends on river flows and flood timing. This unit is
considered to have been occupied at the time of listing and is used by
the western yellow-billed
[[Page 11482]]
cuckoo during the breeding season. This site also provides a movement
corridor and migratory stop-over habitat for western yellow-billed
cuckoos.
This unit extends from the confluence of the Verde River with Oak
Creek southeast to I-17 at the northern end of Unit 10, AZ-8 Lower
Verde River and West Clear Creek, because western yellow-billed cuckoo
surveys conducted have documented occupancy (Agyagos 2016b, entire;
Johnson and Rakestraw 2016, p. 7). Detections downstream of the Oak
Creek and Verde River confluence include the Sheep's Crossing site,
near the Thousand Trails RV Park. A 1,969-ft (600-m)-long survey was
conducted in 2015 (Johnson and Rakestraw 2016, p. 6). Habitat is
primarily cottonwood and willow, with a trace of ash, tamarisk, and
Russian olive (Agyagos 2016b, entire). This unit is part of the core
area as identified in our conservation strategy for designating
critical habitat for the western yellow-billed cuckoo.
Unit 8: AZ-6 Oak Creek; Yavapai and Coconino Counties, Arizona
Revised proposed critical habitat unit AZ-6 is 2,231 ac (903 ha) in
extent and is a 28-mi (45-km)-long continuous segment of Oak Creek from
the vicinity of the Town of Cornville at Spring Creek in Yavapai County
upstream to State Highway 179 Bridge within the City of Sedona in
Coconino County, Arizona. Approximately 596 ac (241 ha), is in Federal
ownership; 160 ac (65 ha) is in State ownership; and 1,475 ac (597 ha)
is in other ownership. This is an addition of 908 ac (368 ha) compared
to the 2014 proposed designation because western yellow-billed cuckoos
have been detected in the expanded area of this unit, especially in the
Cornville area (Corman and Magill 2000, p. 42; Agyagos 2016a, entire).
This unit is considered to have been occupied at the time of
listing and is used by the western yellow-billed cuckoo during the
breeding season. The unit provides the habitat component provided in
physical or biological feature 1 (PBF 1) and the prey component in
physical or biological feature 2 (PBF 2). Hydrologic processes, in
natural or altered systems, that provide for maintaining and
regenerating breeding habitat as identified in physical or biological
feature 3 (PBF 3) occurs within this unit but depends on river flows
and flood timing. The site also provides a movement corridor and
migratory stop-over habitat for western yellow-billed cuckoos. This
unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
This unit contains the Lower Oak Creek Important Bird Area (IBA),
where western yellow-billed cuckoos are identified as a breeding bird
(National Audubon Society 2016a, entire). Vegetation is a mix of
riparian gallery (cottonwood/willow/sycamore), and mesquite and
hackberry woodland (National Audubon Society 2016a, entire). This unit
was extended to the confluence with the Verde River because western
yellow-billed cuckoos have been detected in this reach, habitat
contains at least one PBF (PBF 1), and it provides connecting habitat
between Oak Creek and the Verde River. The reach from Cornville to the
confluence with the Verde River contains the best broad[hyphen]valley
floodplain and mesquite bosque habitat on Oak Creek (Agyagos 2016a,
entire). The Oak Creek confluence with the Verde River consists of an
approximately 98-ft (30-m)-wide riparian area, with mesquite habitat
adjacent to the riparian vegetation (Johnson and Rakestraw 2016, p. 6).
Sycamore and boxelder are the dominant trees at the confluence, with
scattered cottonwood and some willow and tamarisk trees.
Unit 9: AZ-7 Beaver Creek; Yavapai County, Arizona
Revised proposed critical habitat unit AZ-7 is 2,082 ac (842 ha) in
extent and is a 23-mi (37-km)-long continuous segment of Beaver Creek
from the confluence with the Verde River near Camp Verde upstream to
above the Town of Rimrock in Yavapai County, Arizona. Approximately
1,491 ac (603 ha) is in Federal ownership; 3 ac (1 ha) is in Tribal
ownership; and 588 ac (238 ha) is in other ownership. Numerous western
yellow-billed cuckoos have consistently used this site during the
breeding season. The unit provides the habitat component provided in
physical or biological feature 1 (PBF 1) and the prey component in
physical or biological feature 2 (PBF 2). Hydrologic processes, in
natural or altered systems, that provide for maintaining and
regenerating breeding habitat as identified in physical or biological
feature 3 (PBF 3) occurs within this unit but depends on river flows
and flood timing. The unit is considered to have been occupied at the
time of listing, and is used by the western yellow-billed cuckoo during
the breeding season. The site also provides migratory stopover habitat
for western yellow-billed cuckoos moving farther north. Tamarisk is a
component of habitat in this unit and may provide understory or nesting
habitat for the western yellow-billed cuckoo. This unit is part of the
core area as identified in our conservation strategy for designating
critical habitat for the western yellow-billed cuckoo.
Unit 10: AZ-8 Lower Verde River and West Clear Creek; Yavapai County,
Arizona
Revised proposed critical habitat unit AZ-8 is 2,178 ac (882 ha) in
extent. Approximately 570 ac (231 ha) is in Federal ownership; 32 ac
(13 ha) is in State ownership; 43 ac (17 ha) is in Tribal ownership;
and 1,534 ac (621 ha) is in other ownership. The unit is considered to
have been occupied at the time of listing, and is used by the western
yellow-billed cuckoo during the breeding season. The unit provides the
habitat component provided in physical or biological feature 1 (PBF 1)
and the prey component in physical or biological feature 2 (PBF 2).
Hydrologic processes, in natural or altered systems, that provide for
maintaining and regenerating breeding habitat as identified in physical
or biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit also provides a movement
corridor as well as migratory stop-over habitat for western yellow-
billed cuckoos. Dominant vegetation is cottonwood, willow, and tamarisk
(Verde Valley Birding Trail 2016, entire). This unit is part of the
core area as identified in our conservation strategy for designating
critical habitat for the western yellow-billed cuckoo.
Altered hydrology has contributed to the establishment of tamarisk,
a nonnative species that reduces the habitat's value. Tamarisk is still
used by the western yellow-billed cuckoo and is a component of habitat
in this unit.
Unit 11: AZ-9A and AZ-9B Horseshoe Dam; Gila, Maricopa, and Yavapai
Counties, Arizona
Revised proposed critical habitat in these two subunits is 3,974 ac
(1,608 ha) (AZ-9A = 2,743 ac (1,110 ha); AZ-9B = 1,231 ac (498 ha)) in
extent and is a 33-mi (54-km)-long continuous segment of the Verde
River immediately upstream of Horseshoe Dam and a continuous segment of
the Verde River immediately downstream of Horseshoe Dam in Yavapai
County, Arizona. Approximately 3,937 ac (1,593 ha) is in Federal
ownership, and 37 ac (15 ha) (occurring within AZ-9B) is in other
ownership. The unit is considered to have been occupied at the time of
listing, and is used by the western yellow-billed cuckoo during the
breeding season. The unit provides the habitat component provided in
physical or biological feature 1 (PBF 1) and the
[[Page 11483]]
prey component in physical or biological feature 2 (PBF 2). Hydrologic
processes, in natural or altered systems, that provide for maintaining
and regenerating breeding habitat as identified in physical or
biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit also provides a movement
corridor as well as migratory stop-over habitat for western yellow-
billed cuckoos. This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
The extended reaches contain breeding habitat where western yellow-
billed cuckoos, including pairs, have been documented in multiple years
(Arizona Game and Fish Department 2016, entire; Salt River Project
2011, pp. 18, 19; Dockens 2015, entire). This unit includes part of the
Salt and Verde Riparian Ecosystem IBA, with western yellow-billed
cuckoos identified as a breeding bird (National Audubon Society 2016b,
entire). Western yellow-billed cuckoos were also documented during the
breeding season downstream of Horseshoe Dam in the mixed mesquite and
cottonwood-willow woodland at Mesquite Campground on the Tonto National
Forest in 2009 and 2011 (Arizona Game and Fish Department 2016,
entire). Riparian cottonwood-willow galleries and mixed riparian stands
exist both above and below Horseshoe Dam, although some of these stands
occur as narrow strands along the Verde River (Salt River Project 2008,
p. 61). Habitat consists of contiguous to patchy cottonwood, willow,
tamarisk, and mesquite (Salt River Project 2011, p. 18; Dockens 2015,
entire). Altered hydrology has contributed to the establishment of
tamarisk. Although tamarisk is not as desirable as native habitat, it
contributes toward habitat suitability in areas where the native tree
density can no longer be sustained.
Unit 12: AZ-10 Tonto Creek; Gila County, Arizona
Revised proposed critical habitat unit AZ-10 is 3,669 ac (1,485 ha)
in extent and is made up of a 6-mi (10-km)-long continuous segment of
Tonto Creek upstream from the lakebed at Theodore Roosevelt Lake in
Gila County, Arizona. Approximately 2,529 ac (1,023 ha) is in Federal
ownership, and 1,141 ac (462 ha) is in other ownership. Numerous
western yellow-billed cuckoos have consistently bred in this unit. The
unit is considered to have been occupied at the time of listing, and is
used by the western yellow-billed cuckoo during the breeding season.
The unit provides the habitat component provided in physical or
biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
The site also provides a movement corridor and migratory stopover
habitat for western yellow-billed cuckoos moving farther north.
Tamarisk is a component of habitat in this unit and may provide
understory or nesting habitat for the western yellow-billed cuckoo.
This unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
Unit 13: AZ-11 Pinal Creek; Gila County, Arizona
Revised proposed critical habitat unit AZ-11 is 419 ac (169 ha) in
extent and is a 3-mi (5-km)-long continuous segment of Pinal Creek
north of the Town of Globe in Gila County, Arizona. Approximately 30 ac
(12 ha) is in Federal ownership, and 389 ac (157 ha) is in other
ownership. This site has been consistently occupied by western yellow-
billed cuckoos during the breeding season. The unit provides the
habitat component provided in physical or biological feature 1 (PBF 1)
and the prey component in physical or biological feature 2 (PBF 2).
Hydrologic processes, in natural or altered systems, that provide for
maintaining and regenerating breeding habitat as identified in physical
or biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. The unit is considered to have been
occupied at the time of listing, and is used by the western yellow-
billed cuckoo during the breeding season. The site also provides a
movement corridor between larger habitat patches. Tamarisk is a
component of habitat in this unit and may provide understory or nesting
habitat for the western yellow-billed cuckoo. This unit is part of the
core area as identified in our conservation strategy for designating
critical habitat for the western yellow-billed cuckoo.
Unit 14: AZ-12 Bonita Creek; Graham County, Arizona
Revised proposed critical habitat unit AZ-12 is 928 ac (375 ha) in
extent and is a 6-mi (10-km)-long continuous segment of the Gila River
that includes a continuous segment of a tributary called Bonita Creek
located northeast of the Town of Thatcher in Graham County, Arizona.
Approximately 828 ac (335 ha) is in Federal ownership, and 101 ac (40
ha) is in other ownership. This site has been consistently occupied by
western yellow-billed cuckoos during the breeding season. The unit is
considered to have been occupied at the time of listing, and is used by
the western yellow-billed cuckoo during the breeding season. The unit
provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit but depends on river flows and flood timing. The site also
provides a movement corridor between larger habitat patches. Tamarisk
is a component of habitat in this unit and may provide understory or
nesting habitat for the western yellow-billed cuckoo. This unit is part
of the core area as identified in our conservation strategy for
designating critical habitat for the western yellow-billed cuckoo.
Unit 15: AZ-13 San Francisco River; Greenlee County, Arizona
Revised proposed critical habitat unit AZ-13 is 1,327 ac (537 ha)
in extent and is a 4-mi (6-km)-long continuous segment of the San
Francisco River that includes a continuous segment of a tributary
called Dix Creek located approximately 6 mi (9.6 km) west of the border
with New Mexico in Greenlee County, Arizona. Approximately 1,192 ac
(482 ha) is in Federal ownership, and 135 ac (55 ha) is in other
ownership. This unit has been consistently occupied by western yellow-
billed cuckoos during the breeding season. The unit includes suitable
western yellow-billed cuckoo breeding habitat that provides at least
one of the physical or biological features essential to the
conservation of the species (PBF 1), is considered to have been
occupied at the time of listing, and is used by the western yellow-
billed cuckoo during the breeding season. The site also provides a
movement corridor between larger habitat patches. Tamarisk is a
component of habitat in this unit and may provide understory or nesting
habitat for the western yellow-billed cuckoo. This unit is part of the
core area as identified in our conservation strategy for designating
critical habitat for the western yellow-billed cuckoo.
[[Page 11484]]
Unit 16: AZ-14 Upper San Pedro River; Cochise County, Arizona
Revised proposed critical habitat Unit AZ-14 is 31,060 ac (12,569
ha) in extent and is an 84-mi (135-km)-long segment of the Upper San
Pedro River from the border with Mexico north to the vicinity of the
Town of Saint David in Cochise County, Arizona. Approximately 17,958 ac
(7,267 ha) is in Federal ownership; 1,903 ac (770 ha) is in State
ownership; and 11,199 ac (4,532 ha) is in other ownership. The unit is
considered to have been occupied at the time of listing and is used by
the western yellow-billed cuckoo during the breeding season. The unit
provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit but depends on river flows and flood timing. This unit also
provides a movement corridor and migratory stop-over habitat for
western yellow-billed cuckoos. This unit is part of the core area as
identified in our conservation strategy for designating critical
habitat for the western yellow-billed cuckoo.
This unit was expanded from the 2014 proposed designation to
include adjacent mesquite bosque on the San Pedro River and its
tributaries, where western yellow-billed cuckoos also nest and forage
(Halterman 2006, p. 31, Swanson 2014, entire; Cornell Lab of
Ornithology 2016 (eBird data)). Western yellow-billed cuckoos have been
found nesting in mesquite bosque as far away as 0.3 mi (0.5 km) from
the adjacent upper San Pedro River (Halterman 2006, p. 31). This unit
has one of the largest remaining breeding groups of the western yellow-
billed cuckoo and contains a large number of breeding pairs.
Much of this mesquite habitat is composed of large mature trees.
Western yellow-billed cuckoos were documented during 2014 surveys on
the Babocomari River portion of this unit in habitat that is not as
dense as on the San Pedro River, including narrow habitat with low
stature and scattered riparian and mesquite trees (Swanson 2014,
entire). Altered hydrology has contributed to the establishment of
tamarisk in parts of this unit. Although tamarisk is not as desirable
as native habitat, it contributes toward habitat suitability in areas
where the native tree density can no longer be sustained.
Most of this unit lies within the San Pedro Riparian National
Conservation Area and the San Pedro Riparian National Conservation Area
IBA (National Audubon Society 2016c, entire). The IBA supports 100
species of breeding birds, and 250 species of migrant and wintering
birds (National Audubon Society 2016c, entire). The 40 mi (64 km) of
the upper San Pedro River was designated by Congress as a Riparian
National Conservation Area in 1988. The primary purpose for the special
designation is to protect and enhance the desert riparian ecosystem, a
rare remnant of what was once an extensive network of similar riparian
systems throughout the American Southwest.
Unit 17: AZ-15 Lower San Pedro and Gila Rivers; Pima, Pinal and Gila
Counties, Arizona
Revised proposed critical habitat unit AZ-15 is 23,400 ac (9,470
ha) in extent and is a 59-mi (95-km)-long segment of the Lower San
Pedro River from above the Town of Mammoth in Pima County downstream to
its confluence with the Gila River, where it continues downstream to
below the Town of Kearny in Pinal County, Arizona. Approximately 2,957
ac (1,197 ha) is in Federal ownership; 2,282 ac (925 ha) is in State
ownership; 729 ac (295 ha) is in Tribal ownership; and 17,431 ac (7,055
ha) is in other ownership. This is an important breeding area for
western yellow-billed cuckoos and is consistently occupied by a number
of pairs during the breeding season. The unit is considered to have
been occupied at the time of listing, and is used by the western
yellow-billed cuckoo during the breeding season. The unit provides the
habitat component provided in physical or biological feature 1 (PBF 1)
and the prey component in physical or biological feature 2 (PBF 2).
Hydrologic processes, in natural or altered systems, that provide for
maintaining and regenerating breeding habitat as identified in physical
or biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. The site also provides a movement
corridor and migratory stopover location for western yellow-billed
cuckoos moving farther north. Tamarisk is a component of habitat in
this unit and may provide understory or nesting habitat for the western
yellow-billed cuckoo.
Unit 18: AZ-16 Sonoita Creek; Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-16 is 2,488 ac (1,007 ha)
in extent and is a 16-mi (26-km)-long segment of Sonoita Creek from the
Town of Patagonia downstream to a point on the creek approximately 4 mi
(6 km) east of the Town of Rio Rico in Santa Cruz County, Arizona.
Approximately 926 ac (375 ha) is in State ownership, and 1,563 ac (632
ha) is in other ownership. The unit provides the habitat component
provided in physical or biological feature 1 (PBF 1) and the prey
component in physical or biological feature 2 (PBF 2). Hydrologic
processes, in natural or altered systems, that provide for maintaining
and regenerating breeding habitat as identified in physical or
biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. Western yellow-billed cuckoos have been
documented during the breeding season within the entire unit every year
between 1998 and 2014 (Arizona Game and Fish Department 2015, entire,
Cornell Lab of Ornithology 2016 (eBird data)). This unit is considered
to have been occupied at the time of listing. This site also provides a
movement corridor and migratory stop-over habitat for western yellow-
billed cuckoos. This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
The perennial flow in Sonoita Creek supports a diverse gallery
cottonwood and Goodding's willow forest that includes walnut, mesquite,
ash, hackberry, and various willow species (National Audubon Society
2016d, entire). The Patagonia-Sonoita Creek TNC Preserve IBA lies
within this unit, under conservation stewardship by TNC and Tucson
Audubon Society (National Audubon Society 2016d, entire).
Unit 19: AZ-17, Upper Cienega Creek; Pima County, Arizona
Revised proposed critical habitat Unit AZ-17 is 5,204 ac (2,106 ha)
in extent and is an 11-mi (17.5-km)-long segment of Cienega Creek.
Approximately 4,630 ac (1,874 ha) is in Federal ownership, and 574 ac
(232 ha) is in State ownership. This unit is considered to have been
occupied at the time of listing, and is used by the western yellow-
billed cuckoo during the breeding season. The unit provides the habitat
component provided in physical or biological feature 1 (PBF 1) and the
prey component in physical or biological feature 2 (PBF 2). Hydrologic
processes, in natural or altered systems, that provide for maintaining
and regenerating breeding habitat as identified in physical or
biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood
[[Page 11485]]
timing. This unit also provides a movement corridor and migratory stop-
over habitat for western yellow-billed cuckoos. This unit connects
Gardner Canyon (AZ-46) with upper Cienega Creek. This unit is part of
the core area as identified in our conservation strategy for
designating critical habitat for the western yellow-billed cuckoo.
Unit 20: AZ-18 Santa Cruz River; Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-18 is 9,543 ac (3,862 ha)
in extent and is a 27-mi (43-km)-long segment of the Santa Cruz River
in the vicinity of the Town of Tubac in Santa Cruz County, Arizona.
Approximately 505 ac (204 ha) is in Federal ownership; 4 ac (2 ha) is
in State ownership; and 9,034 ac (3,656 ha) is in other ownership. The
unit provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit but depends on river flows and flood timing. This unit is
considered to have been occupied at the time of listing and is used by
the western yellow-billed cuckoo during the breeding season, including
a concentration of nesting yellow-billed cuckoos within the Tumacacori
area. Some portions of the unit are considered disturbed and may not
contain all the physical or biological features essential to the
conservation of the species, but due to our mapping constraints some of
these areas were left within the boundaries of the unit. These
disturbed areas not containing the physical or biological features
would not be considered critical habitat. The site also provides a
movement corridor and migratory stop-over habitat for western yellow-
billed cuckoos. This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
This unit is within the Upper Santa Cruz IBA, with western yellow-
billed cuckoos identified as a breeding species (National Audubon
Society 2016e, entire). The Upper Santa Cruz River IBA is a linear
riparian corridor from Tumacacori National Historical Park downstream
(northward) through the Tucson Audubon-held conservation easement
(National Audubon Society 2016e, entire). This reach of river has the
highest groundwater levels and perennial river flow, primarily treated
wastewater, but with some groundwater seep augmentation. The IBA
boundaries are defined by the riparian vegetation, including the
mesquite bosques that border the broadleaf gallery forest. The IBA also
includes all the National Historical Park and Tucson Audubon-held
conservation easement lands.
Unit 21: AZ-19 Black Draw; Cochise County, Arizona
Revised proposed critical habitat Unit AZ-27 is 1,599 ac (647 ha)
in extent. Approximately 896 ac (362 ha) is in Federal ownership; 134
ac (54 ha) is in State ownership; and 570 ac (231 ha) is in other
ownership. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
This unit is considered to have been occupied at the time of listing
and is used by the western yellow-billed cuckoo during the breeding
season (Arizona Game and Fish Department 2016, entire; Radke 2016,
entire). The site also provides a movement corridor and migratory stop-
over habitat for western yellow-billed cuckoos. Occupied habitat is
primarily cottonwood, Goodding's willow, and some mesquite (Cajero
2016, entire). This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
Unit 22: AZ-20, Gila River 1; Graham County, Arizona
Revised proposed critical habitat Unit AZ-20 is 20,724 ac (8,387
ha) in extent and 27 mi (43 km) in length. Approximately 779 ac (315
ha) is in Federal ownership; 215 ac (87 ha) is in State ownership;
10,183 ac (4,121 ha) is in Tribal ownership; and 9,547 ac (3,863 ha) is
in other ownership. The unit provides the habitat component provided in
physical or biological feature 1 (PBF 1) and the prey component in
physical or biological feature 2 (PBF 2). Hydrologic processes, in
natural or altered systems, that provide for maintaining and
regenerating breeding habitat as identified in physical or biological
feature 3 (PBF 3) occurs within this unit but depends on river flows
and flood timing. This unit is considered to have been occupied at the
time of listing and is used by the western yellow-billed cuckoo during
the breeding season. The site also provides a movement corridor and
migratory stop-over habitat for western yellow-billed cuckoos. This
unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
This unit includes tributaries to the Gila River including Eagle
Creek to the confluence with East Eagle Creek where western yellow-
billed cuckoos were detected in 2015 and 2016. Riparian habitat in
overstory and understory along this survey reach is primarily
cottonwood and sycamore (Westland Resources 2015e, entire). Habitat at
this detection site is about 164 ft (50 m) wide in most places, with
adjacent rolling hill grasslands. Some portions of the grasslands
adjacent to the riparian habitat that is within the boundary of
proposed critical habitat and used as foraging areas by the western
yellow-billed cuckoo are grazed (Andreson 2016, entire).
Unit 23: AZ-21 Salt River; Gila County, Arizona
Revised proposed critical habitat unit AZ-21 is 2,590 ac (1,048 ha)
in extent and is a 5-mi (8-km)-long continuous segment of the Salt
River upstream from the lakebed at Theodore Roosevelt Lake in Gila
County, Arizona. Approximately 2,469 ac (999 ha) of this unit is
Federal ownership, and 121 ac (49 ha) is in other ownership. This unit
is consistently occupied by western yellow-billed cuckoos during the
breeding season. The unit provides the habitat component provided in
physical or biological feature 1 (PBF 1) and the prey component in
physical or biological feature 2 (PBF 2). Hydrologic processes, in
natural or altered systems, that provide for maintaining and
regenerating breeding habitat as identified in physical or biological
feature 3 (PBF 3) occurs within this unit but depends on river flows
and flood timing. This unit is considered to have been occupied at the
time of listing. The site also provides a movement corridor between
larger habitat patches. Tamarisk is a component of habitat in this unit
and may provide understory or nesting habitat for the western yellow-
billed cuckoo. This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
Unit 24: AZ-22 Lower Cienega Creek, Pima County, Arizona
Revised proposed critical habitat unit AZ-22 is 2,360 ac (955 ha)
in extent and is an 11-mi (18-km)-long continuous segment of Cienega
Creek about 15 mi (24 km) southeast of Tucson in Pima
[[Page 11486]]
County, Arizona. Approximately 759 ac (307 ha) is in State ownership,
and 1,601 ac (648 ha) is in other ownership. This unit is consistently
occupied by western yellow-billed cuckoos during the breeding season.
The unit provides the habitat component provided in physical or
biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
This unit is considered to have been occupied at the time of listing.
The site also provides a movement corridor between larger habitat
patches. Tamarisk is a component of habitat in this unit and may
provide understory or nesting habitat for the western yellow-billed
cuckoo. This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
Unit 25: AZ-23 Blue River, Greenlee County, Arizona
Revised proposed critical habitat unit AZ-23 is 1,025 ac (415 ha)
in extent and is an 8-mi (13-km)-long continuous segment of the Blue
River in Greenlee County, Arizona. The entire unit is in Federal
ownership located on the Apache Sitgreaves National Forest managed by
the USFS. This unit is consistently occupied by western yellow-billed
cuckoos during the breeding season and also acts as a movement
corridor. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
This unit is considered to have been occupied at the time of listing.
Tamarisk is a component of habitat in this unit and may provide
understory or nesting habitat for the western yellow-billed cuckoo.
This unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
Unit 26: AZ-24 Pinto Creek South, Gila and Pinal Counties, Arizona
Revised proposed critical habitat unit AZ-24 is 373 ac (151 ha) in
extent and is a 4-mi (6-km)-long continuous segment of Pinto Creek in
Gila and Pinal Counties, Arizona. Approximately 368 ac (149 ha) is in
Federal ownership, and 5 ac (2 ha) is in other ownership. The unit
provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit but depends on river flows and flood timing. This unit is
considered to have been occupied at the time of listing. Tamarisk is a
component of habitat in this unit and may provide understory or nesting
habitat for the western yellow-billed cuckoo. This unit is part of the
core area as identified in our conservation strategy for designating
critical habitat for the western yellow-billed cuckoo.
Unit 27: AZ-25 Aravaipa Creek; Pinal and Graham Counties, Arizona
Revised proposed critical habitat Unit AZ-25 is 3,329 ac (1,347 ha)
in extent and is a 25-mi (40-km)-long continuous segment of Aravaipa
Creek in Pinal and Graham Counties, Arizona. Approximately 622 ac (252
ha) is in Federal ownership; 116 ac (47 ha) is in State ownership; 392
ac (159 ha) is in Tribal ownership; and 2,199 ac (890 ha) is in other
ownership. Western yellow-billed cuckoos have been detected during the
breeding season within this unit. This unit is considered to have been
occupied at the time of listing (Corman and Magill 2000, p. 41; Cornell
Lab of Ornithology 2016 (eBird data)). The unit provides the habitat
component provided in physical or biological feature 1 (PBF 1) and the
prey component in physical or biological feature 2 (PBF 2). Hydrologic
processes, in natural or altered systems, that provide for maintaining
and regenerating breeding habitat as identified in physical or
biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit is part of the core area as
identified in our conservation strategy for designating critical
habitat for the western yellow-billed cuckoo. The site also provides a
movement corridor and migratory stop-over habitat for western yellow-
billed cuckoos.
Patches and stringers of cottonwood-willow riparian forest and
adjacent mesquite bosque exist throughout Aravaipa Canyon. This
drainage experiences scouring flood flows that can result in shifting
suitable habitat within the floodplain. Including the entire Aravaipa
Canyon ensures that if suitable habitat shifts, it will remain within
critical habitat. Connecting this unit to the San Pedro River units
(AZ-14 and AZ-15) by including the confluence with the San Pedro River
strengthens the conservation value of both units by linking breeding,
migration, and dispersal corridors. Included in this unit is 25.4 ac
(10.3 ha) of dense mesquite bosque habitat that occurs just upstream
from but does not contain the Highway 77 bridge across Aravaipa Creek
near the San Pedro River. This bosque area is located just across the
highway from the main critical habitat block along the San Pedro River
and averages more than 325 ft wide. Altered hydrology has contributed
to the establishment of tamarisk. Tamarisk may provide habitat for the
western yellow-billed cuckoo in this unit. Although tamarisk is not as
desirable as native habitat, it contributes toward habitat suitability
in areas where the native tree density can no longer be sustained.
Unit 28: AZ-26, Gila River 2; Graham and Greenlee Counties, Arizona
Revised proposed critical habitat Unit AZ-26 is 8,588 ac (3,475 ha)
in extent and is a 4.5-mi (7.4-km)-long continuous segment of the Gila
River in Graham and Greenlee Counties, Arizona. Approximately 1,953 ac
(791 ha) is in Federal ownership; 206 ac (83 ha) is in State ownership;
1,436 ac (581 ha) is in Tribal ownership; and 4,994 ac (2,021 ha) is in
other ownership. The unit provides the habitat component provided in
physical or biological feature 1 (PBF 1) and the prey component in
physical or biological feature 2 (PBF 2). Hydrologic processes, in
natural or altered systems, that provide for maintaining and
regenerating breeding habitat as identified in physical or biological
feature 3 (PBF 3) occurs within this unit but depends on river flows
and flood timing. This unit is considered to have been occupied at the
time of listing and is used by the western yellow-billed cuckoo during
the breeding season. The site also provides a movement corridor and
migratory stop-over habitat for western yellow-billed cuckoos. This
unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
This unit was previously proposed but has been extended. Although
narrow and patchy in some reaches, suitable habitat exists within this
extension from the eastern end of the unit to the western end of Unit
38, NM-7, Upper Gila River in New Mexico
[[Page 11487]]
(Johnson 2016, entire). No protocol surveys have been conducted in this
extended reach, but western yellow-billed cuckoos have been detected
incidentally as a result of survey efforts for other species (Johnson
2016, entire). Habitat is primarily cottonwood and willow, with less
tamarisk than farther downstream (Johnson 2016, entire).
Unit 29: AZ-27 Pinto Creek North; Gila County, Arizona
Revised proposed critical habitat unit AZ-27 is 427 ac (173 ha) in
extent and is a 6-mi (10-km)-long continuous segment of Pinto Creek in
Gila County, Arizona. Approximately 415 ac (168 ha) is in Federal
ownership, and 12 ac (5 ha) is in other ownership. The unit provides
the habitat component provided in physical or biological feature 1 (PBF
1) and the prey component in physical or biological feature 2 (PBF 2).
Hydrologic processes, in natural or altered systems, that provide for
maintaining and regenerating breeding habitat as identified in physical
or biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit is considered to have been
occupied at the time of listing and is used by the western yellow-
billed cuckoo during the breeding season. This unit has been
consistently occupied by western yellow-billed cuckoos during the
breeding season. The site also provides migration stopover habitat.
Tamarisk is a component of habitat in this unit and may provide
understory or nesting habitat for the western yellow-billed cuckoo.
This unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
Unit 30: AZ-28 Mineral Creek; Pinal and Gila Counties, Arizona
Revised proposed critical habitat Unit AZ-28 is 380 ac (154 ha) in
extent and is a 7-mi (11-km)-long continuous segment of Mineral Creek
in Pinal and Gila Counties, Arizona. Approximately 1 ac (less than 1
ha) is in Federal ownership; 198 ac (80 ha) is in State ownership; and
180 ac (73 ha) is in other ownership. This unit is considered to have
been occupied at the time of listing and is used by the western yellow-
billed cuckoo during the breeding season. Data suggest that there were
as many as six breeding pairs along this segment of Mineral Creek
(WestLand Resources, Inc. 2011, pp. ES-1, 4, 5, Figs. 1-5). The
southern end of Mineral Creek, which is not included in the proposal,
empties into a reservoir owned by American Smelting And Refining
Company (ASARCO).
This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo. The site also provides a movement corridor and
migratory stop-over habitat for western yellow-billed cuckoos. This
unit was occupied by the species at the time of listing. The unit
provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit but depends on river flows and flood timing. Mineral Creek
provides suitable habitat for western yellow-billed cuckoos along most
of the surveyed reach, consisting mostly of ash, with willow,
cottonwood, and sycamore (Westland Resources, Inc. 2015d, entire).
Unit 31: AZ-29 Big Sandy River; Mohave County, Arizona
Revised proposed critical habitat Unit AZ-29 is 20,179 ac (8,166
ha) in extent and approximately 58-mi (93-km) in length. Approximately
5,269 ac (2,132 ha) is in Federal ownership; 1,453 ac (588 ha) is in
State ownership; 236 ac (96 ha) is in Tribal ownership; and 13,221 ac
(5,351 ha) is in other ownership.
This unit is considered to have been occupied at the time of
listing and is used by the western yellow-billed cuckoo during the
breeding season. Western yellow-billed cuckoos, including pairs, have
been documented within this unit (Dockens et al. 2006, p. 7; Magill et
al. 2005, p. 8; O'Donnell et al. 2016, pp. 1, 6, 21). The site also
provides a movement corridor and migratory stop-over habitat for
western yellow-billed cuckoos. This unit was occupied by the species at
the time of listing. The unit provides the habitat component provided
in physical or biological feature 1 (PBF 1) and the prey component in
physical or biological feature 2 (PBF 2). Hydrologic processes, in
natural or altered systems, that provide for maintaining and
regenerating breeding habitat as identified in physical or biological
feature 3 (PBF 3) occurs within this unit but depends on river flows
and flood timing. This unit is part of the core area as identified in
our conservation strategy for designating critical habitat for the
western yellow-billed cuckoo.
The Big Sandy River has flows that are spatially and temporally
intermittent. However, in the vicinity of US 93, the river is perennial
and supports a dense riparian woodland of tamarisk, cottonwood, and
Goodding's willow, bordered and interspersed with mesquite (Magill et
al. 2005, pp. 1, 5). Within the floodplain, seep willow, arrowweed
(Pluchea sericea), and screw-bean mesquite (Prosopis pubescens) are
also common. Adjacent upland habitat in the area is Arizona Upland
Subdivision of Sonoran Desertscrub dominated by foothills paloverde
(Circidium floridium), mixed cacti, and creosote bush (Larrea
tridentata) (Magill et al. 2005, p. 5). Western yellow-billed cuckoos
were found in cottonwood, willow, or the adjacent mesquite (Magill et
al. 2005, p. 8; Dockens et al. 2006, p. 7).
Unit 32: NM-1 San Francisco River; Catron County, New Mexico
Revised proposed critical habitat unit NM-1 is 2,039 ac (825 ha) in
extent and is a 10-mi (16-km)-long continuous segment of the San
Francisco River near the Town of Glenwood in Catron County, New Mexico.
This segment includes 1.2 mi (2 km) up Whitewater Creek from the
confluence of the San Francisco River near the Town of Glenwood.
Approximately 738 ac (299 ha) is in Federal ownership; 10 ac (4 ha) is
in State ownership; and 1,291 ac (522 ha) is in other ownership. The
unit provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit but depends on river flows and flood timing. This unit is
considered to have been occupied at the time of listing and is used by
the western yellow-billed cuckoo during the breeding season. The site
also provides migratory stopover habitat for western yellow-billed
cuckoos moving farther north. Tamarisk is a component of habitat in
this unit and may provide understory or nesting habitat for the western
yellow-billed cuckoo. This unit is part of the core area as identified
in our conservation strategy for designating critical habitat for the
western yellow-billed cuckoo.
Unit 33: NM-2 Gila River; Grant County, New Mexico
Revised proposed critical habitat unit NM-2 is 4,177 ac (1,690 ha)
in extent and is a 24-mi (37-km)-long continuous
[[Page 11488]]
segment of the Gila River from 10 mi (16 km) downstream from the town
of Cliff to 10 mi (16 km) upstream of the town of Gila in Grant County,
New Mexico. Approximately 974 ac (394 ha) is in Federal ownership; 201
ac (81 ha) is in State ownership; and 3,002 ac (1,215 ha) is in other
ownership. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
This unit is considered to have been occupied at the time of listing
and is used by the western yellow-billed cuckoo during the breeding
season. This unit is consistently occupied by a large number of western
yellow-billed cuckoos during the breeding season and is an important
breeding location for the species. The site also provides migratory
stopover habitat for western yellow-billed cuckoos moving farther
north. Tamarisk is a component of habitat in this unit and may provide
understory or nesting habitat for the western yellow-billed cuckoo.
This unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
Unit 34: NM-3A and NM-3B Mimbres River; Grant County, New Mexico
Revised proposed critical habitat Unit NM-3 is 544 ac (220 ha) in
extent (NM-3A = 260 ac (105 ha); NM-3B = 284 ac (115 ha)). The unit is
made up of two segments totaling approximately 7.4 mi (11.9 km) of the
Mimbres River north of the town of Mimbres in Grant County, New Mexico.
The entire proposed Unit NM-3 is privately owned. This unit is
considered to have been occupied at the time of listing because it has
been occupied by western yellow-billed cuckoos during the breeding
season in recent years. The two areas provide the habitat components in
physical or biological feature 1 (PBF 1) and the prey component in
physical or biological feature 2 (PBF 2). Hydrologic processes, in
natural or altered systems, that provide for maintaining and
regenerating breeding habitat as identified in physical or biological
feature 3 (PBF 3) occurs within this unit but depends on river flows
and flood timing. Tamarisk is a component of habitat in this unit and
may provide understory or nesting habitat for the western yellow-billed
cuckoo. This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
Unit 35: NM-4 Upper Rio Grande 1; Rio Arriba County, New Mexico
Revised proposed critical habitat unit NM-4 is 1,830 ac (741 ha) in
extent and is a 10-mi (16-km)-long continuous segment of the upper Rio
Grande from Ohkay Owingeh to near Alcalde in Rio Arriba County, New
Mexico. Approximately 1,313 ac (531 ha) is in Tribal ownership, and 517
ac (209 ha) is in other ownership. The unit provides the habitat
component provided in physical or biological feature 1 (PBF 1) and the
prey component in physical or biological feature 2 (PBF 2). Hydrologic
processes, in natural or altered systems, that provide for maintaining
and regenerating breeding habitat as identified in physical or
biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit is considered to have been
occupied at the time of listing and is used by the western yellow-
billed cuckoo during the breeding season. The site also provides a
movement corridor for western yellow-billed cuckoos moving farther
north. Tamarisk is a component of habitat in this unit and may provide
understory or nesting habitat for the western yellow-billed cuckoo.
This unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
Unit 36: NM-5 Upper Rio Grande 2; Santa Fe and Rio Arriba Counties, New
Mexico
Revised proposed critical habitat unit NM-5 is 1,173 ac (475 ha) in
extent and is a 6-mi (10-km)-long continuous segment of the Upper Rio
Grande starting from the Highway 502 Bridge at the south end of the San
Ildefonso Pueblo upstream to a point on the river in Rio Arriba County,
New Mexico. The entire proposed unit NM-5 is Tribal land located on the
San Ildefonso Pueblo and Santa Clara Pueblo. The unit provides the
habitat component provided in physical or biological feature 1 (PBF 1)
and the prey component in physical or biological feature 2 (PBF 2).
Hydrologic processes, in natural or altered systems, that provide for
maintaining and regenerating breeding habitat as identified in physical
or biological feature 3 (PBF 3) occurs within this unit but depends on
river flows and flood timing. This unit is considered to have been
occupied at the time of listing and is used by the western yellow-
billed cuckoo during the breeding season. This unit has been
consistently occupied by western yellow-billed cuckoos during the
breeding season. The site also provides a movement corridor for western
yellow-billed cuckoos moving farther north. Tamarisk is a component of
habitat in this unit and may provide understory or nesting habitat for
the western yellow-billed cuckoo. This unit is part of the core area as
identified in our conservation strategy for designating critical
habitat for the western yellow-billed cuckoo.
Unit 37: NM-6A and NM-6B Middle Rio Grande; Sierra, Socorro, Valencia,
Bernalillo, and Sandoval Counties, New Mexico
Revised proposed critical habitat Unit NM-6 is made up of two areas
(NM-6A = 7,238 ac (2,929 ha) and NM-6B = 61,343 ac (24,825 ha)) along
the Rio Grande from Elephant Butte Reservoir in Sierra County upstream
through Socorro, Valencia, and Bernalillo Counties to below Cochiti Dam
in Cochiti Pueblo in Sandoval County, New Mexico. Approximately 11,802
ac (4,776 ha) is in Federal ownership; 21,914 ac (8,868 ha) is in State
ownership; 2,257 ac (913 ha) is in Tribal ownership; and 25,376 ac
(10,270 ha) is in other ownership. This unit is part of the core area
as identified in our conservation strategy for designating critical
habitat for the western yellow-billed cuckoo.
This unit is consistently occupied by a large number of breeding
western yellow-billed cuckoos and currently is the largest breeding
group of the western yellow-billed cuckoo north of Mexico. This unit is
considered to have been occupied at the time of listing and is used by
the western yellow-billed cuckoo during the breeding season. The unit
provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit but depends on river flows and flood timing. The site also
provides a movement corridor for western yellow-billed cuckoos. Altered
hydrology has resulted in the establishment of tamarisk. Tamarisk is
being used by western yellow-billed cuckoos during the breeding season
in this unit and may provide important understory habitat (Sechrist et
al. 2009, p. 55). The occupied habitat within Elephant Butte Reservoir
from RM 54 to RM 38 was added to this unit, as well as occupied
[[Page 11489]]
areas within Bosque del Apache National Wildlife Refuge extending west
of the active floodplain. These additions are included based on
consistent occupancy of breeding western yellow-billed cuckoos in these
areas. For Elephant Butte Reservoir specifically and in addition to the
consistent occupancy of breeding western yellow-billed cuckoos,
multiple comments were received from the previous critical habitat
proposal further citing why this extended portion from RM 54 to RM 38
is essential to the conservation of the species.
Unit 38: NM-7, Upper Gila River; Hidalgo and Grant Counties, New Mexico
Revised proposed critical habitat Unit NM-7 is 4,727 ac (1,913 ha)
in size and extends in a 30-mi (48-km)-long continuous segment of the
Gila River from the Arizona-New Mexico border 5 mi (8 km) downstream
from Virden in Hidalgo County upstream to 8 mi (13 km) upstream from
Red Rock in Grant County, New Mexico. Approximately 980 ac (396 ha) is
in Federal ownership; 294 ac (119 ha) is in State ownership; and 3,453
ac (1,397 ha) is in other ownership. This site is consistently occupied
by numerous pairs of western yellow-billed cuckoos during the breeding
season. Tamarisk is a component of habitat in this unit and may provide
understory or nesting habitat for the western yellow-billed cuckoo.
This unit is part of the core area as identified in our conservation
strategy for designating critical habitat for the western yellow-billed
cuckoo.
The unit is considered to have been occupied at the time of
listing. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
The unit also provides connecting habitat between the Upper and Lower
Gila River and a movement corridor and migratory stop-over habitat for
western yellow-billed cuckoos.
Unit 39: NM-8A Caballo Delta North and NM-8B Caballo Delta South;
Sierra County, New Mexico
Revised proposed critical habitat unit NM-8 is made up of two areas
(NM-8A = 190 ac (77 ha) and NM-8B = 155 ac (63 ha)) within the delta
area of Caballo Reservoir east of the town of Caballo, within Sierra
County, New Mexico. The entire unit is owned by Reclamation and managed
by Reclamation, NM State Parks, and BLM. This unit was formally
surveyed in 2014 and 2015 with an estimated occupancy of 14 breeding
pairs. We used the 1998-2014 timeframe to determine occupancy at the
time of listing. We included 2015 results because it is the best
available information. This unit is part of the core area as identified
in our conservation strategy for designating critical habitat for the
western yellow-billed cuckoo.
The unit is considered to have been occupied at the time of
listing. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
The unit includes areas of riparian vegetation composed of mainly
Goodding's and coyote willow as well as tamarisk. The areas also
provide a movement corridor and migratory stop-over habitat for western
yellow-billed cuckoos. Despite the minimal acreage and narrow size of
the habitat patches within the unit, we still consider this unit
essential to the conservation of the species due to the information
stated above and because of the lack of habitat in the surrounding
area. This type of habitat is representative of the southwestern
breeding habitat type.
Unit 40: NM-9 Animas; Sierra County, New Mexico
Revised proposed critical habitat unit NM-9 is 608 ac (246 ha) in
extent and is located on a 6-mi (10-km)-long continuous segment of Las
Animas Creek west of the town of Caballo, within Sierra County, New
Mexico. The entire unit is privately owned and managed. This site has
been known to be historically occupied based on incidental detections
prior to 2016.
The unit is considered to have been occupied at the time of
listing. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
The unit includes areas of riparian vegetation that are suitable as
western yellow-billed cuckoo breeding habitat and connected areas of
riparian vegetation that are suitable as foraging habitat. Habitat at
the site consists of mainly sycamore riparian woodland. The site also
provides a movement corridor and migratory stop-over habitat for
western yellow-billed cuckoos. The addition of this unit is based on
new records of western yellow-billed cuckoos that were not available
when the proposed critical habitat rule was published (Stinnett 2018,
entire). This unit is part of the core area as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo.
Unit 41: NM-10 Selden Canyon and Radium Springs; Do[ntilde]a Ana
County, New Mexico
Revised proposed critical habitat unit NM-10 is 237 ac (96 ha) in
extent and is a 12.5-mi (20-km)-long continuous segment of river in
Do[ntilde]a Ana County, New Mexico. It is located on a continuous
segment of habitat northwest of the town of Radium Springs, within
Do[ntilde]a Ana County, New Mexico. Approximately 20 ac (8 ha) is in
Federal ownership, and 218 ac (88 ha) is in other ownership. This unit
was formally surveyed in 2014 and 2015 with an estimated occupancy of
four breeding pairs. We used the 1998-2014 timeframe to determine
occupancy at the time of listing. We included 2015 results because it
is the best available information. This unit is part of the core area
as identified in our conservation strategy for designating critical
habitat for the western yellow-billed cuckoo.
The unit is considered to have been occupied at the time of
listing. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
The unit includes areas of riparian vegetation composed of mainly
tamarisk and coyote willow, which provide the structure and density to
accommodate four estimated territories. The addition of the unit is
based on new records of western yellow-billed cuckoos that were not
available when the proposed critical habitat rule was published (White
et al. 2018, entire).
[[Page 11490]]
Unit 42: AZ-30 Arivaca Wash and San Luis Wash; Pima County, Arizona
Revised proposed critical habitat unit AZ-30 is 5,765 ac (2,333 ha)
in extent and is made up of two washes that join to form a 17-mi (27-
km)-long continuous segment that comprises 9 mi (15 km) of Arivaca Wash
and 8 mi (13 km) of San Luis Wash. The unit is located about 10 mi (16
km) north of the border of Mexico near the Town of Arivaca in Pima
County, Arizona. Approximately 4,662 ac (1,887 ha) is in Federal
ownership; 89 ac (36 ha) is in State ownership; and 1,014 ac (410 ha)
is in other ownership. The unit is considered to have been occupied at
the time of listing. This unit is consistently occupied by western
yellow-billed cuckoos during the breeding season. The unit provides the
habitat component provided in physical or biological feature 1 (PBF 1)
and the prey component in physical or biological feature 2 (PBF 2).
Hydrologic processes, in natural or altered systems, that provide for
maintaining and regenerating breeding habitat as identified in physical
or biological feature 3 (PBF 3) occurs within this unit (monsoonal
events). This unit is part of the area within the Southwest portion of
the DPS that provides breeding habitat for the western yellow-billed
cuckoo, which is outside mainstem rivers and their tributaries as
identified in our conservation strategy for designating critical
habitat for the western yellow-billed cuckoo. The site also provides a
movement corridor between larger habitat patches. Tamarisk is a
component of habitat in this unit and may provide understory or nesting
habitat for the western yellow-billed cuckoo.
Unit 43: AZ-31 Florida Wash; Pima and Santa Cruz Counties, Arizona
Revised proposed critical habitat Unit AZ-31 is 747 ac (302 ha) in
extent and is a 6-mi (10-km)-long continuous segment of Florida Wash
and tributaries in Pima and Santa Cruz Counties, Arizona. Approximately
449 ac (182 ha) is in Federal ownership; 255 ac (103 ha) is in State
ownership; and 43 ac (18 ha) is in other ownership. This unit has been
expanded from the 2014 proposed designation because new information
shows that western yellow-billed cuckoos occupy habitat during the
breeding season within the expanded area of suitable habitat (Arizona
Game and Fish Department 2016, entire; MacFarland and Horst 2015, pp.
101-102, 185-186; Cornell Lab of Ornithology 2016 (eBird data)). The
unit provides the habitat component provided in physical or biological
feature 1 (PBF 1) and the prey component in physical or biological
feature 2 (PBF 2). Hydrologic processes, in natural or altered systems,
that provide for maintaining and regenerating breeding habitat as
identified in physical or biological feature 3 (PBF 3) occurs within
this unit (monsoonal events). This unit is considered to have been
occupied at the time of listing. The site also provides a movement
corridor and migratory stop-over habitat for western yellow-billed
cuckoos. This unit is part of the area within the Southwest portion of
the DPS that provides breeding habitat for the western yellow-billed
cuckoo, which is outside mainstem rivers and their tributaries as
identified in our conservation strategy for designating critical
habitat for the western yellow-billed cuckoo.
This unit is within the Santa Rita Mountains IBA (National Audubon
Society 2016f, entire), one of the sky islands of southeastern Arizona
with transitional elevational gradients of forest, oak woodland,
grassland, and riparian habitat. Vegetation in occupied habitat is
primarily oak, hackberry, and mesquite, with some sycamore, ocotillo
(Fouquieria splendens), and juniper along with various other midstory
and understory plant species (MacFarland and Horst 2015, pp. 124, 129,
134).
Unit 44: AZ-32 California Gulch; Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-32 is 558 ac (226 ha) in
extent and is a 7-mi (11-km)-long continuous segment along California
Gulch in Santa Cruz County, Arizona. Approximately 376 ac (152 ha) is
in Federal ownership, and 182 ac (73 ha) is in other ownership.
Following the publication of the 2014 critical habitat proposed rule,
we received additional information on western yellow-billed cuckoo
occupancy in Madrean evergreen woodland drainages that supports
inclusion of this area as critical habitat (MacFarland and Horst 2015,
entire). There have been multiple reports of western yellow-billed
cuckoos using this drainage during the breeding period between July-
September 2001-2015 (Cornell Lab of Ornithology 2016 (eBird data)).
Therefore we consider this a breeding area for the species. This new
unit is part of the area within the Southwest portion of the DPS that
provides breeding habitat for the western yellow-billed cuckoo, which
is outside mainstem rivers and their tributaries as identified in our
conservation strategy for designating critical habitat for the western
yellow-billed cuckoo. The site also provides a movement corridor and
migratory stop-over habitat for western yellow-billed cuckoos.
The unit is considered to have been occupied at the time of
listing. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit (monsoonal events). The unit includes areas of
riparian and Madrean evergreen woodland vegetation that are suitable as
western yellow-billed cuckoo breeding habitat and connected areas of
riparian and Madrean evergreen woodland vegetation that are suitable as
foraging habitat. California Gulch is an Arizona IBA in one of the sky
islands, with western yellow-billed cuckoos identified as one of the
breeding birds (National Audubon Society 2016g; entire). The canyon is
unique with its dense shrub layer on its steep sides, and a perennial
spring-fed stream draining into Mexico (National Audubon Society 2016g,
entire). The habitat is Sonoran desert scrub, Madrean evergreen
woodland, semi-desert grassland, and low-elevation riparian.
Unit 45: AZ-33 Sycamore Canyon; Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-33 is 601 ac (243 ha) in
extent and is an 8-mi (11-km)-long continuous segment along Sycamore
Canyon in Santa Cruz County, Arizona. Nearly the entire unit is in
Federal ownership with less than 1 ac (50 CFR 424.12(g), the Secretary does not designate
critical habitat within foreign countries or in other areas outside the
jurisdiction of the United States; therefore, no Mexican lands are
included in this unit. This unit has been consistently occupied by
western yellow-billed cuckoos during the breeding season. This unit is
part of the area outside the Southwest portion of the DPS that provides
breeding habitat for the western yellow-billed cuckoo that is in a
different ecological setting as identified in our conservation strategy
for designating critical habitat for the western yellow-billed cuckoo.
The site also provides a north-south movement corridor for western
yellow-billed cuckoos breeding farther north. Although tamarisk, a
nonnative species that may reduce the habitat's value, is a major
component of this unit, the area still provides habitat for the species
and considered essential.
The unit is considered to have been occupied at the time of
listing. The unit provides the habitat component provided in physical
or biological feature 1 (PBF 1) and the prey component in physical or
biological feature 2 (PBF 2). Hydrologic processes, in natural or
altered systems, that provide for maintaining and regenerating breeding
habitat as identified in physical or biological feature 3 (PBF 3)
occurs within this unit but depends on river flows and flood timing.
This unit includes areas of riparian vegetation that are suitable as
western yellow-billed cuckoo breeding habitat and connected areas of
riparian vegetation that are suitable as foraging habitat.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action that is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
We published a final regulation with a new definition of
destruction or adverse modification on August 27, 2019 (84 FR 44976).
Destruction or adverse modification means a direct or indirect
alteration that appreciably diminishes the value of critical habitat as
a whole for the conservation of a listed species.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with us. Examples of actions that are subject to the
section 7 consultation process are actions on State, Tribal, local, or
private lands that require a Federal permit (such as a permit from the
U.S. Army Corps of Engineers under section 404 of the Clean Water Act
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10
of the Endangered Species Act) or that involve some other Federal
action (such as funding from the Federal Highway Administration,
Federal Aviation Administration, or the Federal Emergency Management
Agency). Federal actions not affecting listed species or critical
habitat, and actions on State, Tribal, local, or private lands that are
not federally funded or authorized, do not require section 7
consultation.
As a result of section 7 consultation, we document compliance with
the requirements of section 7(a)(2) through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect and,
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or
[[Page 11500]]
destruction or adverse modification of critical habitat. We define
``reasonable and prudent alternatives'' (at 50 CFR 402.02) as
alternative actions identified during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Director's opinion, avoid the likelihood of
jeopardizing the continued existence of the listed species and/or avoid
the likelihood of destroying or adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, Federal
agencies sometimes may need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.
Reinitiation does not apply to an existing programmatic land management
plan prepared pursuant to the Federal Land Policy and Management Act
(FLPMA), 43 U.S.C. 1701 et seq., or the National Forest Management Act
(NFMA), 16 U.S.C. 1600 et seq., when a new species is listed or new
critical habitat is designated under certain conditions (see our August
27, 2019, Federal Register notice (84 FR.44976).
Application of the ``Adverse Modification'' Standard
The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would continue to serve its intended
conservation role for the species. Activities that may destroy or
adversely modify critical habitat are those that result in a direct or
indirect alteration that appreciably diminishes the value of critical
habitat as a whole for the conservation of the western yellow-bulled
cuckoo. As discussed above, the role of critical habitat is to support
physical or biological features essential to the conservation of a
listed species and provide for the conservation of the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that may affect critical habitat, when carried out,
funded, or authorized by a Federal agency, should result in
consultation for the western yellow-billed cuckoo. These activities
include, but are not limited to:
(1) Actions that would remove, thin, or destroy riparian western
yellow-billed cuckoo habitat, without implementation of an effective
riparian restoration plan that would result in the development of
riparian vegetation of equal or better quality in abundance and extent.
Such activities could include, but are not limited to, removing,
thinning, or destroying riparian vegetation by mechanical (including
controlled fire), chemical, or biological (poorly managed biocontrol
agents) means. These activities could reduce the amount or extent of
riparian habitat needed by western yellow-billed cuckoos for
sheltering, feeding, breeding, and dispersing.
(2) Actions that would appreciably diminish habitat value or
quality through direct or indirect effects. These activities could
permanently eliminate available riparian habitat and food availability
or degrade the general suitability, quality, structure, abundance,
longevity, and vigor of riparian vegetation. Such activities could
include, but are not limited to: Spraying of pesticides that would
reduce insect prey populations within or adjacent to riparian habitat;
introduction of nonnative plants, animals, or insects; habitat
degradation from recreational activities; and activities such as water
diversions or impoundments that would result in diminished or altered
riverflow regimes, groundwater extraction activities, dam construction
and operation activities, or any other activity that negatively changes
the frequency, magnitude, duration, timing, or abundance of surface
flow. These activities have the potential to reduce or fragment the
quality or amount or extent of riparian habitat needed by western
yellow-billed cuckoos for sheltering, feeding, breeding, and
dispersing. However, we also note that existing water management
operations in place on riverine segments identified as critical
habitat, unless modified subsequent to this revised proposed
designation, are unlikely to have any discernible effect on the
quantity, quality, or value of the PBFs of the area identified as
critical habitat. That is, when evaluating the effects on critical
habitat, FWS considers ongoing water management operations within the
proposed units that are not within the agency's discretion to modify to
be part of the baseline. All areas identified as critical habitat where
ongoing water operations exist contain the PBFs necessary to provide
for the essential habitat needs of the cuckoo; therefore, we do not
anticipate that the continuation of existing water management
operations would appreciably diminish the value or quality of the
critical habitat where they occur.
(3) Actions that would permanently destroy or alter western yellow-
billed cuckoo habitat. Such activities could include, but are not
limited to, discharge of fill material, draining, ditching, tiling,
pond construction, and stream channelization (due to roads,
construction of bridges, impoundments, discharge pipes, stormwater
detention basins, dikes, levees, and other things). These activities
could permanently eliminate available riparian habitat and food
availability or degrade the general suitability, quality, structure,
abundance, longevity, and vigor of riparian vegetation and microhabitat
components necessary for nesting, migrating, food, cover, and shelter.
(4) Actions that would result in alteration of western yellow-
billed cuckoo habitat from management of livestock or ungulates (for
example, horses, burros). Such activities could include, but are not
limited to, unrestricted ungulate access and use of riparian
vegetation; excessive ungulate use of riparian vegetation during the
nongrowing season (for example, leaf drop to bud break); overuse of
riparian habitat and upland vegetation due to insufficient herbaceous
vegetation available to ungulates; and improper herding, water
development, or other livestock management actions. These activities
could reduce the volume and composition of riparian vegetation, prevent
regeneration of riparian plant species, physically disturb nests, alter
floodplain dynamics, alter watershed and soil characteristics, alter
stream morphology, and facilitate the growth of flammable nonnative
plant species.
(5) Actions in relation to the Federal highway system, which could
include,
[[Page 11501]]
but are not limited to, new road construction and right-of-way
designation. These activities could eliminate or reduce riparian
habitat along river crossings necessary for reproduction, sheltering,
or growth of the western yellow-billed cuckoo.
(6) Actions that would involve funding and/or implementation of
activities associated with cleaning up Superfund sites, erosion control
activities, flood control activities, and communication towers. These
activities could eliminate or reduce habitat for the western yellow-
billed cuckoo.
(7) Actions that would affect waters of the United States under
section 404 of the CWA. Such activities could include, but are not
limited to, placement of fill into wetlands. These activities could
eliminate or reduce the habitat necessary for the reproduction,
feeding, or growth of the western yellow-billed cuckoo.
Finally, we note that for any of the seven categories of actions
outlined above, we and the relevant Federal agency may find that the
agency's anticipated actions affecting critical habitat may be
appropriate to consider programmatically in section 7 consultation.
Programmatic consultations can be an efficient method for streamlining
the consultation process, addressing an agency's multiple similar,
frequently occurring, or routine actions expected to be implemented in
a given geographic area. Programmatic section 7 consultation can also
be conducted for an agency's proposed program, plan, policy, or
regulation that provides a framework for future proposed actions. We
are committed to responding to any agency's request for a programmatic
consultation, when appropriate and subject to the approval of the
Director, as a means to streamline the regulatory process and avoid
time-consuming and inefficient multiple individual consultations.
Exemptions
Application of Section 4(a)(3) of the Act
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) provides that: ``The Secretary shall not
designate as critical habitat any lands or other geographical areas
owned or controlled by the Department of Defense, or designated for its
use, that are subject to an integrated natural resources management
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if
the Secretary determines in writing that such plan provides a benefit
to the species for which critical habitat is proposed for
designation.'' No Department of Defense lands have been identified as
potential critical habitat; therefore, section 4(a)(3)(B)(i) of the Act
does not apply, and no areas are being exempted.
Consideration of Impacts Under Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary may exclude
any area from critical habitat if it is determined that the benefits of
such exclusion outweigh the benefits of specifying such area as part of
the critical habitat, unless it is determined, based on the best
scientific data available, that the failure to designate such area as
critical habitat will result in the extinction of the species. In
making that determination, the statute on its face, as well as the
legislative history, are clear that the Secretary has broad discretion
regarding which factor(s) to use and how much weight to give to any
factor. Please see the Service's policy regarding implementation of
section 4(b)(2) of the Act published in the Federal Register on
February 11, 2016 (81 FR 7226).
In considering whether to exclude a particular area from the
designation, we identify the benefits of including the area in the
designation, identify the benefits of excluding the area from the
designation, and evaluate whether the benefits of exclusion outweigh
the benefits of inclusion. If the analysis indicates that the benefits
of exclusion outweigh the benefits of inclusion, the Secretary may
exercise his discretion to exclude the area only if such exclusion will
not result in the extinction of the species.
When identifying the benefits of inclusion for an area, we consider
the additional regulatory benefits that area would receive due to the
protection from destruction of adverse modification as a result of
actions with a Federal nexus; the educational benefits of mapping
essential habitat for recovery of the listed species; and any benefits
that may result from a designation due to State or Federal laws that
may apply to critical habitat. When considering the benefits of
exclusion, we consider, among other things, whether exclusion of a
specific area is likely to result in conservation; or the continuation,
strengthening, or encouragement of partnerships.
In the case of western yellow-billed cuckoo, the benefits of
designating critical habitat include public awareness of the western
yellow-billed cuckoo presence and the importance of habitat protection,
and, where a Federal nexus exists, increased habitat protection for
western yellow-billed cuckoo due to the protection from adverse
modification or destruction of critical habitat. Increased habitat
protection reduces the risk that human actions will directly or
indirectly appreciably diminish habitat value or quality. Additionally,
continued implementation of an ongoing management plan that provides
equal to or more conservation than a critical habitat designation would
reduce the benefits of including that specific area in the critical
habitat designation. Data limitations prevent the quantification of
benefits.
We evaluate the existence of a conservation plan when considering
the benefits of inclusion. We consider a variety of factors, including
but not limited to, whether the plan is finalized; how it provides for
the conservation of the essential physical or biological features;
whether there is a reasonable expectation that the conservation
management strategies and actions contained in a management plan will
be implemented into the future; whether the conservation strategies in
the plan are likely to be effective; and whether the plan contains a
monitoring program or adaptive management to ensure that the
conservation measures are effective and can be adapted in the future in
response to new information.
After identifying the benefits of inclusion and the benefits of
exclusion, we carefully weigh the two sides to evaluate whether the
benefits of exclusion outweigh those of inclusion. If our analysis
indicates that the benefits of exclusion outweigh the benefits of
inclusion, we then determine whether exclusion would result in
extinction of the species. If exclusion of an area from critical
habitat will result in extinction, we will not exclude it from the
designation.
Based on the information provided by entities seeking exclusion, as
well as any additional public comments we receive, we will evaluate
whether certain lands in the revised proposed critical habitat (table
3) are appropriate for exclusion from the final designation under
section 4(b)(2) of the Act. If the analysis indicates that the benefits
of excluding lands from the final designation outweigh the benefits of
designating those lands as critical habitat, then the Secretary may
exercise his discretion to exclude the lands from the final
designation. Tribal lands have not been identified for potential
exclusion at this time; however, we have and will continue to
coordinate and work with all tribes potentially affected by the revised
proposed
[[Page 11502]]
designation throughout this process and may exclude some or all of
their lands from the final designation. Please see Government-to-
Government Relationship with Tribes, below, for a complete list of
tribal lands currently within the revised proposed designation.
Table 3 below provides approximate areas of lands that meet the
definition of critical habitat and are under our consideration for
possible exclusion under section 4(b)(2) of the Act from the final
critical habitat rule.
Table 3--Areas Considered for Exclusion by Critical Habitat Unit
----------------------------------------------------------------------------------------------------------------
Area meeting the Area considered for
Unit Specific area definition of critical possible exclusion in
habitat, in acres (ha) acres (ha)
----------------------------------------------------------------------------------------------------------------
1 CA/AZ-1 Colorado River 1..... 82,138 (33,240) 55,061 (22,292)
2 CA/AZ-2 Colorado River 2..... 23,589 (9,546) 20,025 (8,107)
3 AZ-1 Bill Williams River.. 3,389 (1,371) 2,640 (1,069)
4 AZ-2 Alamo Lake........... 2,794 (1,131) 1,840 (745)
7 AZ-5 Upper Verde River.... 6,047 (2,447) 491 (199)
9 AZ-7 Beaver Creek......... 2,082 (842) 1 (http://www.regulations.gov
(Docket No. FWS-R8-ES-2013-0011).
Executive Orders 12866 and 13563 direct Federal agencies to assess
the costs and benefits of available regulatory alternatives in
quantitative (to the extent feasible) and qualitative terms. Consistent
with the E.O. regulatory analysis requirements, our effects analysis
under the Act may take into consideration impacts to both directly and
indirectly impacted entities, where practicable and reasonable. We
assess to the extent practicable, the probable impacts, if sufficient
data are available, to both directly and indirectly impacted entities.
As part of our screening report, we considered the types of economic
activities that are likely to occur within the areas likely affected by
the critical habitat designation. In our evaluation of the probable
incremental economic impacts that may result from the proposed
designation of critical habitat for the western yellow-billed cuckoo,
first we identified, in our revised IEM, probable incremental economic
impacts associated with the following categories of activities: (1)
Water management, including hydropower operations; (2) restoration and
conservation projects; (3) fire management; (4) transportation
activities, including bridge construction; (5) recreation activities;
(6) livestock grazing and agriculture; (7) mining; (8) residential and
commercial development; and (9) border protection activities. We
considered each industry or category individually. Additionally, we
considered whether their activities have any Federal involvement.
Critical habitat designation will not affect activities that do not
have any Federal involvement, as the designation of critical habitat
only affects activities conducted, funded, permitted, or authorized by
Federal agencies. In areas where the western yellow-billed cuckoo is
present, Federal agencies will already be required to consult with the
Service under section 7 of the Act on activities they fund, permit, or
implement that may affect the species. If we finalize this revised
proposed critical habitat designation, consultations to avoid the
destruction or adverse modification of critical habitat would be
incorporated into the existing consultation process. Therefore,
disproportionate impacts to any geographic area or sector would not
likely be a result of this critical habitat designation.
In our revised IEM, we attempted to clarify the distinction between
the effects that will result from the species being listed and those
attributable to the critical habitat designation (i.e., difference
between the jeopardy and adverse modification standards). Because the
listing of the western yellow-billed cuckoo is relatively recent, we do
not have an extensive consultation history for the species. As a
result, it is difficult to discern which conservation efforts are
attributable to the species being listed and those which will result
solely from the designation of critical habitat. However, the following
specific circumstances in this case help to inform our evaluation: (1)
The essential physical and biological features identified for critical
habitat are the same features essential for the life requisites of the
species, and (2) any actions that would result in harm or harassment
sufficient to constitute jeopardy to the western yellow-billed cuckoo
would also likely adversely affect the critical habitat containing the
physical or biological features essential to the conservation of the
species. The revised IEM outlines our rationale concerning this limited
distinction between baseline conservation efforts and incremental
impacts of the designation of critical habitat for this species. This
evaluation of the incremental effects has been used as the basis to
evaluate the probable incremental economic impacts of this revised
proposed designation of critical habitat.
[[Page 11514]]
Except in limited instances, which the Service cannot predict at
this time, project modifications requested to avoid adverse
modification are likely to be the same as those needed to avoid
jeopardy. Notwithstanding the low probability of such limited instances
occurring, when the Service completes a consultation for the western
yellow-billed cuckoo within critical habitat, that consultation will
evaluate whether that project would result in adverse modification.
The Service is not proposing to designate areas outside of the
geographical area occupied by the species as critical habitat. All of
the proposed units are occupied by the western yellow-billed cuckoo
during their breeding season. For migratory species like the western
yellow-billed cuckoo, when conducting section 7 consultations the
Service treats the species as ``present'' in confirmed breeding habitat
regardless of where the birds are in the annual cycle (Service 1998, p.
xvi). Therefore, the Service will conduct an analysis under the
jeopardy standard for projects that affect confirmed breeding habitat
of the species. Moreover, occupied breeding habitat is considered by
the Service to be occupied year-round for the evaluation of project-
related effects that degrade habitat quality. An evaluation of
consultations for other riparian-obligate listed migratory bird species
that occupy some of the same areas (i.e., southwestern willow
flycatcher and least Bell's vireo) informs the Service that project
modifications intended to address adverse project effects focus
primarily on various habitat restoration and conservation mechanisms,
whether the adverse effects are upon members of the listed species or
its designated critical habitat. We anticipate that these mechanisms
overlap because the impacts in either case will most likely be
affecting the persistence, development, and regeneration of habitat.
The result is that the application of such measures is anticipated to
simultaneously remove jeopardy and adverse modification outcomes.
Based on our 2013 and 2019 review of potential economic impacts,
only administrative costs were expected in the revised proposed
critical habitat designation. While additional analysis for critical
habitat in a consultation will require time and resources by both the
Federal action agency and the Service, it is believed that, in most
circumstances, these costs would be predominantly administrative in
nature and would not be significant.
The revised proposed critical habitat designation for the western
yellow-billed cuckoo includes 72 units in 7 western States: Arizona,
California, Colorado, Idaho, New Mexico, Texas, and Utah. A total of
493,665 ac (199,779 ha) is proposed of which 145,710 ac (58,968 ha) are
being considered for exclusions. Approximately 33 percent of the
proposed total acreage is Federal land, 11 percent is State land, 14
percent is owned by Tribal entities, and 42 percent is privately owned
or owned by local government entities. All revised proposed critical
habitat units are considered to be occupied. The entities most likely
to incur incremental costs are parties to section 7 consultations,
including Federal action agencies and, in some cases, third parties,
most frequently State agencies or municipalities. Activities we expect
would be subject to consultations that may involve private entities as
third parties are residential and commercial development that may occur
on Tribal or private lands. However, based on coordination efforts with
Tribal partners and State and local agencies, the cost to private
entities within these sectors is expected to be relatively minor
(administrative costs of less than $5,200 per formal consultation
effort) and, therefore, would not be significant.
The probable incremental economic impacts of the western yellow-
billed cuckoo critical habitat designation are expected to be limited
to additional administrative effort, as well as minor costs of
conservation efforts resulting from a small number of future section 7
consultations. This anticipated outcome is due to the revised proposed
critical habitat being considered occupied by the species, and
incremental economic impacts of critical habitat designation, other
than administrative costs, are unlikely. At approximately $5,200 or
less per formal consultation, in order to reach the threshold of $100
million of incremental administrative impacts in a single year,
critical habitat designation would have to result in more than 20,000
formal consultations in a single year. In our 2014 review of the
economic analysis, based on consultations for other listed species in
the areas occupied by the western yellow-billed cuckoo, we estimated
that 100 formal consultations would be initiated in the first year
after listing and fewer would be initiated in subsequent years. The
actual number of formal consultations for western yellow-billed cuckoo
since listing in 2014 was four for the first year (Oct. 2014 to Oct.
2015), three for the second (Oct. 2015 to Oct. 2016), four for the
third (Oct. 2016 to Oct. 2017), four for the fourth (Oct. 2017 to Oct.
2018), and one through August 2019. This is a total of 16 formal
consultations initiated for the western yellow-billed cuckoo since
listing. Our current economic analysis estimates no more than 25
consultations per year (formal and informal combined), with the
resulting incremental economic burden estimated to be less than $74,000
in a given year (IEc 2019a, entire). This estimate calculated the
administrative cost (staff time) the Federal agency would need to
expend on their analysis of adverse modification of critical habitat
for each consultation. Therefore, we have concluded that the future
probable incremental economic impacts are not likely to exceed $100
million in any single year, and disproportionate impacts to any
geographic area or sector are not likely as a result of this critical
habitat designation. As we stated earlier, we are soliciting data and
comments from the public on the 2019 economic screening analysis, our
2019 IEM, as well as all economic aspects of the proposed rule. We seek
comment on whether the effects of this designation are limited to the
administrative costs and, if not, what other costs our analysis should
examine. We may revise the proposed rule or supporting documents to
incorporate or address information we receive during the public comment
period.
As a result of information received, we may also exclude additional
areas from critical habitat if the Secretary determines that the
benefits of excluding the area outweigh the benefits of including the
area, provided the exclusion will not result in the extinction of this
species.
Required Determinations
In developing this revised proposed rule, we have reevaluated our
previous required determinations as outlined in the sections below.
Regulatory Planning and Review (Executive Orders 12866, 13563, and
13771)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will review all significant rules. OIRA has determined that
this rule is a significant regulatory action pursuant to E.O. 12866.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The
[[Page 11515]]
executive order directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives. E.O. 13563 emphasizes further that
regulations must be based on the best available science and that the
rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency is required
to publish a notice of rulemaking for any proposed or final rule, it
must prepare and make available for public comment a regulatory
flexibility analysis that describes the effects of the rule on small
entities (small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
The SBREFA amended the RFA to require Federal agencies to provide a
certification statement of the factual basis for certifying that the
rule will not have a significant economic impact on a substantial
number of small entities.
According to the Small Business Administration, small entities
include small organizations such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include, but are not limited to, businesses with fewer than a given
number of employees (depending on the particular subsector), such as
manufacturing and mining concerns ranging from fewer than 500 to fewer
than 1,500 employees, or wholesale trade entities ranging from fewer
than 100 to fewer than 250 employees; or businesses that have less than
a given amount of annual sales or business (depending on the particular
subsector), such as retail and service businesses ranging from less
than $7.5 million to less than $38.5 million in annual sales,
construction businesses ranging from less than $15 million to $36.5
million in annual business, and agricultural, fishing, and hunting
businesses with annual sales ranging from less than $750,000 to $27
million. To determine whether potential economic impacts to these small
entities are significant, we considered the types of activities that
might trigger regulatory impacts under this designation as well as
types of project modifications that may result. In general, the term
``significant economic impact'' is meant to apply to a typical small
business firm's business operations.
The impacts of a rule must be both significant and substantial to
prevent certification of the rule under the RFA and thus require the
preparation of an initial regulatory flexibility analysis. If a
substantial number of small entities are affected by the proposed
critical habitat designation, but the per-entity economic impact is not
significant, the Service may certify. Likewise, if the per-entity
economic impact is likely to be significant, but the number of affected
entities is not substantial, the Service may also certify.
Under the RFA, as amended, and as understood in the light of recent
court decisions, Federal agencies are required to evaluate only the
potential incremental impacts of rulemaking on those entities directly
regulated by the rulemaking itself; in other words, the RFA Act does
not require agencies to evaluate the potential impacts to indirectly
regulated entities. The regulatory mechanism through which critical
habitat protections are realized is section 7 of the Act, which
requires Federal agencies, in consultation with the Service, to ensure
that any action authorized, funded, or carried out by the agency is not
likely to destroy or adversely modify critical habitat. Therefore,
under section 7, only Federal action agencies are directly subject to
the specific regulatory requirement (avoiding destruction and adverse
modification) imposed by critical habitat designation. Consequently, it
is our position that only Federal action agencies would be directly
regulated if we adopt the proposed critical habitat designation.
Moreover, Federal agencies are not small entities. Therefore, because
no small entities would be directly regulated by this rulemaking, the
Service certifies that, if promulgated, the revised proposed critical
habitat designation will not have a significant economic impact on a
substantial number of small entities.
Moreover, even if this rulemaking were to result in indirect
impacts on small entities, we expect that those impacts would be
negligible. First, all of the areas we are proposing to designate as
critical habitat are occupied; as a result, we generally expect that
any activity that would result in destruction or adverse modification
of the critical habitat in those areas would also jeopardize the
continued existence of the species, so the critical habitat designation
would not have an impact on the need for, or outcome of, consultation.
In addition, approximately 16 percent of the area within the critical
habitat designation is occupied by other listed species and is already
included within the critical habitat designated for one or more of
those species.
In summary, we have considered whether the proposed designation
would result in a significant economic impact on a substantial number
of small entities. For the above reasons and based on currently
available information, we certify that, if finalized, the proposed
critical habitat designation will not have a significant economic
impact on a substantial number of small business entities. Therefore,
an initial regulatory flexibility analysis is not required.
Energy Supply, Distribution, or Use--Executive Order 13211
Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. We do not expect that the revised proposed critical
habitat designation for the western yellow-billed cuckoo would
significantly affect energy supplies, distribution, or use, as the
areas identified as revised proposed critical habitat are along
riparian corridors in mostly remote areas with little energy supplies,
distribution, or infrastructure in place. Therefore, this action is not
a significant energy action, and no Statement of Energy Effects is
required. However, we will further evaluate this issue as we receive
public comment, and will review and revise this assessment as needed.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we propose to make the following findings:
(1) This rule would not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or Tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental
[[Page 11516]]
mandate'' includes a regulation that ``would impose an enforceable duty
upon State, local, or Tribal governments'' with two exceptions. It
excludes ``a condition of Federal assistance.'' It also excludes ``a
duty arising from participation in a voluntary Federal program,''
unless the regulation ``relates to a then-existing Federal program
under which $500,000,000 or more is provided annually to State, local,
and Tribal governments under entitlement authority,'' if the provision
would ``increase the stringency of conditions of assistance'' or
``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or Tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; Aid to Families
with Dependent Children work programs; Child Nutrition; Food Stamps;
Social Services Block Grants; Vocational Rehabilitation State Grants;
Foster Care, Adoption Assistance, and Independent Living; Family
Support Welfare Services; and Child Support Enforcement. ``Federal
private sector mandate'' includes a regulation that ``would impose an
enforceable duty upon the private sector, except (i) a condition of
Federal assistance or (ii) a duty arising from participation in a
voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above onto State governments.
(2) We do not believe that this rule would significantly or
uniquely affect small governments because it will not produce a Federal
mandate of $100 million or greater in any year, that is, it is not a
``significant regulatory action'' under the Unfunded Mandates Reform
Act. The designation of critical habitat imposes no obligations on
State or local governments. Therefore, a Small Government Agency Plan
is not required. However, we will further evaluate this issue as we
conduct our economic analysis and revise this assessment if
appropriate.
Takings--Executive Order 12630
In accordance with E.O. 12630 (Government Actions and Interference
with Constitutionally Protected Private Property Rights), we have
analyzed the potential takings implications of designating critical
habitat for the western yellow-billed cuckoo in a takings implications
assessment. The Act does not authorize the Service to regulate private
actions on private lands or confiscate private property as a result of
critical habitat designation. Designation of critical habitat does not
affect land ownership, or establish any closures or restrictions on use
of or access to the designated areas. Furthermore, the designation of
critical habitat does not affect landowner actions that do not require
Federal funding or permits, nor does it preclude development of habitat
conservation programs or issuance of incidental take permits to permit
actions that do require Federal funding or permits to go forward.
However, Federal agencies are prohibited from carrying out, funding, or
authorizing actions that would destroy or adversely modify critical
habitat. A takings implications assessment has been completed for the
species and concludes that, if adopted, this designation of critical
habitat for western yellow-billed cuckoo does not pose significant
takings implications for lands within or affected by the designation.
Federalism--Executive Order 13132
In accordance with Executive Order 13132 (Federalism), this
proposed rule does not have significant Federalism effects. A
Federalism summary impact statement is not required. In keeping with
Department of the Interior and Department of Commerce policy, we
requested information from, and coordinated development of, this
revised proposed critical habitat designation with appropriate State
resource agencies throughout the DPS area (Arizona, California,
Colorado, Idaho, Nevada, New Mexico, Montana, Oregon, Texas, Utah,
Washington, and Wyoming). Because the species is listed under the Act,
the designation of critical habitat in areas currently occupied by the
western yellow-billed cuckoo may impose nominal additional regulatory
restrictions to those currently in place and, therefore, may have
little incremental impact on State and local governments and their
activities. The designation may have some benefit to these governments
because the areas that contain the physical or biological features
essential to the conservation of the species are more clearly defined,
and the elements of the features of the habitat necessary to the
conservation of the species are specifically identified. This
information does not alter where and what federally sponsored
activities may occur. However, it may assist local governments in long-
range planning (rather than having them wait for case-by-case section 7
consultations or section 10 activities to occur).
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) would be required. While non-Federal
entities that receive Federal funding, assistance, or permits, or that
otherwise require approval or authorization from a Federal agency for
an action, may be indirectly impacted by the designation of critical
habitat, the legally binding duty to avoid destruction or adverse
modification of critical habitat rests squarely on the Federal agency.
Civil Justice Reform--Executive Order 12988
In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has concluded that the rule does not unduly
burden the judicial system and that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We have proposed designating
critical habitat in accordance with the provisions of the Act. This
proposed rule uses standard property descriptions and identifies the
elements of physical and biological features essential to the
conservation of the western yellow-billed cuckoo within the proposed
designated areas to assist the public in understanding the habitat
needs of the species.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (45 U.S.C. 3501 et seq.). We may not
conduct or sponsor and you are not required to respond to a collection
of information unless it displays a currently-valid OMB control number.
[[Page 11517]]
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with designating
critical habitat under the Act. We published a notice outlining our
reasons for this determination in the Federal Register on October 25,
1983 (48 FR 49244). This position was upheld by the U.S. Court of
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495
(9th Cir. 1995)). However, when the designation of critical habitat
includes States within the Tenth Circuit (for this proposal it applies
to areas within Colorado, New Mexico, and Utah), such as that of
western yellow-billed cuckoo, under the Tenth Circuit ruling in Catron
County Board of Commissioners v. U.S. Fish and Wildlife Service, 75
F.3d 1429 (10th Cir. 1996), we undertake a NEPA analysis. We invite the
public to comment on the extent to which this proposed regulation may
have a significant impact on the human environment, or fall within one
of the categorical exclusions for actions that have no individual or
cumulative effect on the quality of the human environment. We will
complete our analysis, in compliance with NEPA, before issuing a final
rule.
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination With Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes. The following tribes are identified in
the proposed designation: Fort Mojave Indian Tribe; Colorado River
Indian Reservation; Fort Yuma Indian Reservation; Cocopah Tribe;
Yavapai-Apache Nation; Hualapai Indian Tribe; San Carlos Reservation;
Navajo Nation; Santa Clara, Ohkay Owingeh, and San Ildefonso Pueblos;
Cochiti, Santo Domingo, San Felipe, Sandia, Santa Ana and Isleta
Pueblos; Shoshone-Bannock, Fort Hall Reservation; the Cachil DeHe Band
of Wintun Indians; the Ute Tribe, and Uinta, and Ouray Reservations. We
have been and will continue to work with the tribes identified above
throughout the process of designating critical habitat for the western
yellow-billed cuckoo.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at http://www.regulations.gov in Docket No. FWS-R8-ES-
2013-0011 and upon request from the Sacramento Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposal are Service staff members of
the Upper Colorado Basin (Interior Region 7), the Lower Colorado Basin
(Interior Region 8), the Columbia-Pacific Northwest (Interior Region
9), and the California Great Basin (Interior Region 10).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to further amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended on August 15, 2014, at 79 FR 48548, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.95(b) in the entry for ``Yellow-billed Cuckoo
(Coccyzus americanus), Western DPS'' by:
0
a. Revising paragraphs (1) through (76); and
0
b. Removing paragraphs (77) through (88).
The revisions read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(b) Birds.
* * * * *
Yellow-billed Cuckoo (Coccyzus Americanus), Western DPS
(1) Critical habitat units are depicted for Arizona, California,
Colorado, Idaho, New Mexico, Texas, and Utah, on the maps below.
(2) Within these areas, the specific physical or biological
features essential to the conservation of western yellow-billed cuckoo
consist of three components:
(i) Riparian woodlands (including mesquite bosques, desert scrub
and desert grassland drainages with a tree component, and Madrean
evergreen woodland drainages (in the Southwest)). This physical or
biological feature includes rangewide breeding habitat found throughout
the DPS range as well as additional breeding habitat characteristics
unique to the Southwest:
(A) Rangewide breeding habitat (including areas in the Southwest).
Rangewide breeding habitat is composed of woodlands within floodplains
or in upland areas or terraces often greater than 325 ft (100 m) in
width and 200 ac (81 ha) or more in extent with an overstory and
understory vegetation component in contiguous or nearly contiguous
patches adjacent to intermittent or perennial watercourses. The slope
of the watercourses are generally less than 3 percent but may be
greater in some instances. Nesting sites within the habitat have an
above-
[[Page 11518]]
average canopy closure (greater than 70 percent) and have a cooler,
more humid environment than the surrounding riparian and upland
habitats.
(B) Southwestern breeding habitat. Southwestern breeding habitat is
composed of more arid riparian woodlands, which includes: Mesquite
bosques, desert scrub and desert grasslands drainages with a tree
component, and Madrean evergreen woodlands (oak and other tree
species), in perennial, intermittent, and ephemeral drainages. These
drainages bisect other habitat types, including Madrean evergreen
woodland, native and nonnative desert grassland, and desert scrub. More
than one habitat type within and adjacent to the drainage may
contribute toward nesting habitat. Southwestern breeding habitat is
more water-limited, contains a greater proportion of xeroriparian and
nonriparian plant species, and is often narrower, more open, patchier,
or sparser than elsewhere in the DPS and may persist only as narrow
bands or scattered patches along the bankline or as small in-channel
islands. The habitat contains a tree or large-shrub component with a
variable overstory canopy and understory component that is sometimes
less than 200 ac (81 ha). Riparian trees (including xeroriparian) in
these ecosystems may even be more sparsely distributed and less
prevalent than nonriparian trees. Adjacent habitat may include managed
(mowed) nonnative vegetation or terraces of mesquite or other drought-
tolerant species within the floodplain. In narrow or arid ephemeral
drainages, breeding habitat commonly contains a mix of nonriparian
vegetation found in the base habitat as well as riparian (including
xeroriparian) trees.
(ii) Adequate prey base. This physical or biological feature
includes the presence of prey base consisting of large insect fauna
(for example, cicadas, caterpillars, katydids, grasshoppers, crickets,
large beetles, dragonflies, moth larvae, spiders), small lizards, or
frogs for adults and young in breeding areas during the nesting season
and in post-breeding dispersal areas.
(iii) Hydrologic processes, in natural or altered systems, that
provide for maintaining and regenerating breeding habitat. This
physical or biological feature includes hydrologic processes found in
rangewide breeding habitat as well as additional hydrologic processes
unique to the Southwest in southwestern breeding habitat:
(A) Rangewide breeding habitat hydrologic processes (including the
Southwest). Hydrologic processes (either natural or managed) in river
and reservoir systems that encourage sediment movement and deposits and
promote riparian tree seedling germination and plant growth,
maintenance, health, and vigor (e.g., lower gradient streams and broad
floodplains, elevated subsurface groundwater table, and perennial
rivers and streams). In some areas where habitat is being restored,
such as on terraced slopes above the floodplain, this may include
managed irrigated systems that may not naturally flood due to their
elevation above the floodplain.
(B) Southwestern breeding habitat hydrologic processes. In
Southwestern breeding habitat, elevated summer humidity and runoff
resulting from seasonal water-management practices or weather patterns
and precipitation (typically from North American Monsoon or other
tropical weather events) provide suitable conditions for prey-species
production and vegetation regeneration and growth. Elevated humidity is
especially important in southeastern Arizona, where cuckoos breed in
intermittent and ephemeral drainages.
(3) Critical habitat does not include manmade structures (such as
buildings, aqueducts, runways, roads, bridges, and other paved or
hardened areas as a result of development) and the land on which they
are located existing within the legal boundaries of the critical
habitat units designated for the species on the effective date of this
rule. Due to the scale on which the critical habitat boundaries are
developed, some areas within these legal boundaries may not contain the
physical or biological features and therefore are not considered
critical habitat.
(4) Critical habitat map units. Data layers defining map units were
created on a base of the Natural Resources Conservation Service
National Agriculture Imagery Program (NAIP 2011), and critical habitat
was then mapped using North American Datum (NAD) 83, Universal
Transverse Mercator Zone 10N coordinates. The maps in this entry, as
modified by any accompanying regulatory text, establish the boundaries
of the critical habitat designation. The coordinates or plot points or
both on which each map is based are available to the public at the
Service's Sacramento Fish and Wildlife Office's internet site at http://www.fws.gov/sacramento, or on http://www.regulations.gov at Docket No.
FWS-R8-ES-2013-0011. You may obtain field office location information
by contacting one of the Service regional offices, the addresses of
which are listed at 50 CFR 2.2.
[[Page 11519]]
(5) Unit 1: CA/AZ-1, Colorado River 1; Imperial, Riverside, and San
Bernardino Counties, California, and Yuma and La Paz Counties, Arizona.
Map of Unit 1 follows:
BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TP27FE20.000
[[Page 11520]]
(6) Unit 2: CA/AZ-2, Colorado River 2; San Bernardino County,
California, and Mohave County, Arizona. Map of Unit 2 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.001
[[Page 11521]]
(7) Unit 3: AZ-1, Bill Williams River; Mojave and La Paz Counties,
Arizona. Map of Unit 3 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.002
[[Page 11522]]
(8) Unit 4: AZ-2, Alamo Lake, Mohave and La Paz Counties, Arizona.
Map of Unit 4 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.003
[[Page 11523]]
(9) Unit 5: AZ-3, Hassayampa River; Yavapai and Maricopa Counties,
Arizona. Map of Unit 5 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.004
[[Page 11524]]
(10) Unit 6: AZ-4, Agua Fria River; Yavapai County, Arizona. Map of
Unit 6 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.005
[[Page 11525]]
(11) Unit 7: AZ-5, Upper Verde River; Yavapai County, Arizona. Map
of Unit 7 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.006
[[Page 11526]]
(12) Unit 8: AZ-6, Oak Creek; Yavapai and Coconino Counties,
Arizona. Map of Unit 8 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.007
[[Page 11527]]
(13) Unit 9: AZ-7, Beaver Creek; Yavapai County, Arizona. Map of
Unit 9 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.008
[[Page 11528]]
(14) Unit 10: AZ-8, Lower Verde River and West Clear Creek; Yavapai
County, Arizona. Map of Unit 10 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.009
[[Page 11529]]
(15) Unit 11: AZ-9A and AZ-9B, Horseshoe Dam; Gila, Maricopa, and
Yavapai Counties, Arizona. Maps of Unit 11 follow:
(i) Map of Unit 11: AZ-9A, Horseshoe Dam.
[GRAPHIC] [TIFF OMITTED] TP27FE20.010
[[Page 11530]]
(ii) Map of Unit 11: AZ-9B, Horseshoe Dam.
[GRAPHIC] [TIFF OMITTED] TP27FE20.011
[[Page 11531]]
(16) Unit 12: AZ-10, Tonto Creek; Gila County, Arizona. Map of Unit
12 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.012
[[Page 11532]]
(17) Unit 13: AZ-11, Pinal Creek; Gila County, Arizona. Map of Unit
13 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.013
[[Page 11533]]
(18) Unit 14: AZ-12, Bonita Creek; Graham County, Arizona. Map of
Unit 14 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.014
[[Page 11534]]
(19) Unit 15: AZ-13, San Francisco River; Greenlee County, Arizona.
Map of Unit 15 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.015
[[Page 11535]]
(20) Unit 16: AZ-14, Upper San Pedro River; Cochise County,
Arizona. Map of Unit 16 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.016
[[Page 11536]]
(21) Unit 17: AZ-15, Lower San Pedro River and Gila River; Pima,
Pinal, and Gila Counties, Arizona. Map of Unit 17 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.017
[[Page 11537]]
(22) Unit 18: AZ-16, Sonoita Creek; Santa Cruz County, Arizona. Map
of Unit 18 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.018
[[Page 11538]]
(23) Unit 19: AZ-17, Upper Cienega Creek; Pima County, Arizona. Map
of Unit 19 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.019
[[Page 11539]]
(24) Unit 20: AZ-18, Santa Cruz River; Santa Cruz County, Arizona.
Map of Unit 20 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.020
[[Page 11540]]
(25) Unit 21: AZ-19, Black Draw; Cochise County, Arizona. Map of
Unit 21 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.021
[[Page 11541]]
(26) Unit 22: AZ-20, Gila River 1; Graham County, Arizona. Map of
Unit 22 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.022
[[Page 11542]]
(27) Unit 23: AZ-21, Salt River; Gila County, Arizona. Map of Unit
23 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.023
[[Page 11543]]
(28) Unit 24: AZ-22, Lower Cienega Creek; Pima County, Arizona. Map
of Unit 24 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.024
[[Page 11544]]
(29) Unit 25: AZ-23, Blue River; Greenlee County, Arizona. Map of
Unit 25 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.025
[[Page 11545]]
(30) Unit 26: AZ-24, Pinto Creek South; Gila and Pinal Counties,
Arizona. Map of Unit 26 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.026
[[Page 11546]]
(31) Unit 27: AZ-25, Aravaipa Creek; Pinal and Graham Counties,
Arizona. Map of Unit 27 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.027
[[Page 11547]]
(32) Unit 28: AZ-26, Gila River 2; Graham and Greenlee Counties,
Arizona. Map of Unit 28 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.028
[[Page 11548]]
(33) Unit 29: AZ-27, Pinto Creek North; Gila County, Arizona. Map
of Unit 29 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.029
[[Page 11549]]
(34) Unit 30: AZ-28, Mineral Creek; Pinal and Gila Counties,
Arizona. Map of Unit 30 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.030
[[Page 11550]]
(35) Unit 31: AZ-29, Big Sandy River; Mohave County, Arizona. Map
of Unit 31 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.031
[[Page 11551]]
(36) Unit 32: NM-1, San Francisco River; Catron County, New Mexico.
Map of Unit 32 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.032
[[Page 11552]]
(37) Unit 33: NM-2, Gila River; Grant County, New Mexico. Map of
Unit 33 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.033
[[Page 11553]]
(38) Unit 34: NM-3A and NM-3B, Mimbres River; Grant County, New
Mexico. Maps of Unit 34 follow:
(i) Map of Unit 34: NM-3A, Mimbres River.
[GRAPHIC] [TIFF OMITTED] TP27FE20.034
[[Page 11554]]
(ii) Map of Unit 34: NM-3B, Mimbres River.
[GRAPHIC] [TIFF OMITTED] TP27FE20.035
[[Page 11555]]
(39) Unit 35: NM-4, Upper Rio Grande 1; Rio Arriba County, New
Mexico. Map of Unit 35 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.036
[[Page 11556]]
(40) Unit 36: NM-5, Upper Rio Grande 2; Santa Fe and Rio Arriba
Counties, New Mexico. Map of Unit 36 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.037
[[Page 11557]]
(41) Unit 37: NM-6A and NM-6B, Middle Rio Grande; Sierra, Socorro,
Valencia, Bernalillo, and Sandoval Counties, New Mexico. Maps of Unit
37 follow:
(i) Map of Unit 37: NM-6A, Middle Rio Grande.
[GRAPHIC] [TIFF OMITTED] TP27FE20.038
[[Page 11558]]
(ii) Map of Unit 37: NM-6B, Middle Rio Grande
[GRAPHIC] [TIFF OMITTED] TP27FE20.039
[[Page 11559]]
(42) Unit 38: NM-7, Upper Gila River; Grant and Hidalgo Counties,
New Mexico. Map of Unit 38 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.040
[[Page 11560]]
(43) Unit 39: NM-8A, Caballo Delta North and NM-8B, Caballo Delta
South; Sierra County, New Mexico. Maps of Unit 39 follow:
(i) Map of Unit 39: NM-8A, Caballo Delta North.
[GRAPHIC] [TIFF OMITTED] TP27FE20.041
[[Page 11561]]
(ii) Map of Unit 39: NM-8B, Caballo Delta South.
[GRAPHIC] [TIFF OMITTED] TP27FE20.042
[[Page 11562]]
(44) Unit 40: NM-9, Animas; Sierra County, New Mexico. Map of Unit
40 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.043
[[Page 11563]]
(45) Unit 41: NM-10, Selden Canyon and Radium Springs; Do[ntilde]a
Ana County, New Mexico. Map of Unit 41 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.044
[[Page 11564]]
(46) Unit 42: AZ-30, Arivaca Wash and San Luis Wash; Pima County,
Arizona. Map of Unit 42 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.045
[[Page 11565]]
(47) Unit 43: AZ-31, Florida Wash; Pima and Santa Cruz Counties,
Arizona. Map of Unit 43 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.046
[[Page 11566]]
(48) Unit 44: AZ-32, California Gulch; Santa Cruz County, Arizona.
Map of Unit 44 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.047
[[Page 11567]]
(49) Unit 45: AZ-33, Sycamore Canyon; Santa Cruz County, Arizona.
Map of Unit 45 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.048
[[Page 11568]]
(50) Unit 46: AZ-34, Madera Canyon; Pima and Santa Cruz Counties,
Arizona. Map of Unit 46 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.049
[[Page 11569]]
(51) Unit 47: AZ-35, Montosa Canyon; Santa Cruz County, Arizona.
Map of Unit 47 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.050
[[Page 11570]]
(52) Unit 48: AZ-36, Patagonia Mountains; Santa Cruz County,
Arizona. Map of Unit 48 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.051
[[Page 11571]]
(53) Unit 49: AZ-37, Canelo Hills; Santa Cruz County, Arizona. Map
of Unit 49 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.052
[[Page 11572]]
(54) Unit 50: AZ-38, Arivaca Lake; Pima and Santa Cruz Counties,
Arizona. Map of Unit 50 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.053
[[Page 11573]]
(55) Unit 51: AZ-39, Peppersauce Canyon; Pinal County, Arizona. Map
of Unit 51 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.054
[[Page 11574]]
(56) Unit 52: AZ-40, Pena Blanca Canyon; Santa Cruz County,
Arizona. Map of Unit 52 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.055
[[Page 11575]]
(57) Unit 53: AZ-41, Box Canyon; Pima County, Arizona. Map of Unit
53 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.056
[[Page 11576]]
(58) Unit 54: AZ-42, Rock Corral Canyon; Santa Cruz County,
Arizona. Map of Unit 54 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.057
[[Page 11577]]
(59) Unit 55: AZ-43, Lyle Canyon; Santa Cruz and Cochise Counties,
Arizona. Map of Unit 55 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.058
[[Page 11578]]
(60) Unit 56: AZ-44, Parker Canyon Lake; Santa Cruz and Cochise
Counties, Arizona. Map of Unit 56 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.059
[[Page 11579]]
(61) Unit 57: AZ-45, Barrel Canyon; Pima County, Arizona. Map of
Unit 57 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.060
[[Page 11580]]
(62) Unit 58: AZ-46, Gardner Canyon; Pima and Santa Cruz Counties,
Arizona. Map of Unit 58 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.061
[[Page 11581]]
(63) Unit 59: AZ-47, Brown Canyon; Pima County, Arizona. Map of
Unit 59 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.062
[[Page 11582]]
(64) Unit 60: AZ-48, Sycamore Canyon; Santa Cruz County, Arizona.
Map of Unit 60 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.063
[[Page 11583]]
(65) Unit 61: AZ-49, Washington Gulch; Santa Cruz County, Arizona.
Map of Unit 61 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.064
[[Page 11584]]
(66) Unit 62: AZ-50, Paymaster Spring and Mowry Wash; Santa Cruz
County, Arizona. Map of Unit 62 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.065
[[Page 11585]]
(67) Unit 63: CA-1, Sacramento River, Colusa, Glenn, Butte, and
Tehama Counties, California. Map of Unit 63 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.066
[[Page 11586]]
(68) Unit 64: CA-2, South Fork Kern River Valley; Kern County,
California. Map of Unit 64 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.067
[[Page 11587]]
(69) Unit 65: ID-1, Snake River 1; Bannock and Bingham Counties,
Idaho. Map of Unit 65 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.068
[[Page 11588]]
(70) Unit 66: ID-2, Snake River 2; Bonneville, Madison, and
Jefferson Counties, Idaho. Map of Unit 66 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.069
[[Page 11589]]
(71) Unit 67: ID-3, Henry's Fork and Teton Rivers; Madison and
Fremont Counties, Idaho. Map of Unit 67 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.070
[[Page 11590]]
(72) Unit 68: CO-1, Colorado River; Mesa County, Colorado. Map of
Unit 68 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.071
[[Page 11591]]
(73) Unit 69: CO-2, North Fork Gunnison River; Delta County,
Colorado. Map of Unit 69 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.072
[[Page 11592]]
(74) Unit 70: UT-1, Green River 1; Uintah and Duchesne Counties,
Utah. Map of Unit 70 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.073
[[Page 11593]]
(75) Unit 71: UT-2, Green River 2; Emery and Grand Counties, Utah.
Map of Unit 71 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.074
[[Page 11594]]
(76) Unit 72: TX-1, Terlingua Creek and Rio Grande; Brewster
County, Texas. Map of Unit 72 follows:
[GRAPHIC] [TIFF OMITTED] TP27FE20.075
* * * * *
Dated: November 21, 2019.
Margaret Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising
the Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-02642 Filed 2-26-20; 8:45 am]
BILLING CODE 4333-15-C
