Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo, 11458-11594 [2020-02642]
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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 YellowBilled Cuckoo
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
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 yellowbilled 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: https://
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
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SUMMARY:
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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 https://
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 https://
www.regulations.gov at Docket No.
FWS–R8–ES–2013–0011, and at the
Sacramento Fish and Wildlife Office at
https://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 https://
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
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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 yellowbilled 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 yellowbilled 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
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the revised proposed critical habitat is
summarized in this rule (see
Consideration of Economic Impacts) and
is available at https://
www.regulations.gov at Docket No.
FWS–R8–ES–2013–0011 and at the
Sacramento Fish and Wildlife Office at
https://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
https://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
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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 yellowbilled 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 yellowbilled 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 yellowbilled 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,
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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 Statemanaged 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
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such designation could conflict with the
authorized project purposes.
(10) Suggestions of how the Service
can use programmatic section 7
consultations for the western yellowbilled 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 https://
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 https://
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).
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Previous Federal Actions
On August 15, 2014, we proposed
critical habitat for the western yellowbilled 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.
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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 https://
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 https://
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 yellowbilled cuckoo encompasses a wide
geographic area and extends across
seven western States (AZ, CA, CO, ID,
NM, TX, and UT). Obtaining current upto-date and consistent mapping and
land ownership information for such a
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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
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Secretary may designate as critical
habitat unoccupied areas that meet the
definition of critical habitat at 16 U.S.C.
1532(5)(A)(ii).
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Occupancy Determination
The geographical area occupied at the
time of listing by the western yellowbilled 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
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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
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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
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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
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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 yellowbilled 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
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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 withinyear 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
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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 yellowbilled 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 yellowbilled 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
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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 yellowbilled 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 yellowbilled cuckoo.
However, these managed large river
systems may not provide sufficient
breeding habitat for the western yellowbilled 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 yellowbilled 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 yellowbilled 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 monsoondriven 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
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conservation of the western yellowbilled 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 yellowbilled 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
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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 yellowbilled 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
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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
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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
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use of the areas by western yellowbilled 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 lowgradient 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 lowgradient 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
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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, speciesspecific 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;
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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
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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 https://
www.regulations.gov at Docket No.
FWS–R8–ES–2013–0011, and at the
Sacramento Fish and Wildlife Office at
https://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 earlysuccessional 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 lifehistory 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
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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, stopover, 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
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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,
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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
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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 lowgradient 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 lowgradient 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)
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and desert scrub and desert grassland
drainages with a tree component, and
Madrean evergreen woodland (oakdominated) 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 aridadapted 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 highgradient 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 waterdependent cottonwood-willow riparian
habitat. Drainage bottoms in these
habitats consist of both riparian and
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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,
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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,
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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
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(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
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Horst 2015, pp. 9–10). Western yellowbilled 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 outcompete 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 tamariskdominated 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-
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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 yellowbilled 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; ArizonaSonora 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 yellowbilled 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
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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 yellowbilled 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
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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 yellowbilled 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 yellowbilled 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
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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
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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
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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
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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 highgradient 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;
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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 yellowbilled 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
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vertebrates (frogs and lizards) during
nesting season of the western yellowbilled cuckoo to be a physical or
biological feature essential to the
conservation of the species.
Water and humidity. Rangewide
breeding habitat for western yellowbilled 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
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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 yellowbilled 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, semidesert 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
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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
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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 yellowbilled 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
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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
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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 grounddwelling 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.
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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 wellfoliaged 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
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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
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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 yellowbilled cuckoo breeding in ephemeral
xeroriparian drainages in Madrean
evergreen woodland, desert and semidesert 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
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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 yellowbilled 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
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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 yellowbilled 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
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generally less than 3 percent but may be
greater in some instances. Nesting sites
within the habitat have an aboveaverage 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 postbreeding 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:
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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 yellowbilled 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
PO 00000
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Sfmt 4702
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
E:\FR\FM\27FEP2.SGM
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
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 yellowbilled 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 yellowbilled 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 yellowbilled 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
lotter on DSKBCFDHB2PROD with PROPOSALS2
Unit name
CA–AZ 1 Colorado River 1 .......
CA–AZ 2 Colorado River 2 .......
AZ 1 Bill Williams River ............
AZ 2 Alamo Lake ......................
AZ 3 Hassayampa River ...........
AZ 4 Agua Fria River ................
AZ 5 Upper Verde Creek ..........
AZ 6 Oak Creek ........................
AZ 7 Beaver Creek ...................
AZ 8 Lower Verde/West Clear
Ck ..........................................
AZ 9A Horseshoe Dam .............
AZ 9B Horseshoe Dam .............
AZ 10 Tonto Creek ...................
AZ 11 Pinal Creek .....................
AZ 12 Bonita Creek ..................
AZ 13 San Francisco River .......
AZ 14 Upper San Pedro River ..
AZ 15 Lower San Pedro/Gila
River ......................................
AZ 16 Sonoita Creek ................
AZ 17 Upper Cienega Creek ....
AZ 18 Santa Cruz River ............
VerDate Sep<11>2014
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State
Tribal
Other
Total
Unit
AC
HA
AC
HA
AC
HA
1
2
3
4
5
6
7
8
9
31,351
15,189
2,640
1,840
12
1,802
2,504
596
1,491
10
11
11
12
13
14
15
16
17
18
19
20
12,687
6,146
1,068
745
5
729
1,013
241
603
4,207
2
................
................
................
235
821
160
................
1,702
1
................
................
................
95
332
65
................
22,315
4,732
................
................
................
................
191
................
3
9,031
1,915
................
................
................
................
77
................
1
24,265
3,668
749
953
896
1,300
2,531
1,475
588
570
2,743
1,194
2,529
30
828
1,192
17,958
231
1,110
483
1,023
12
335
482
7,267
32
................
................
................
................
................
................
1,903
13
................
................
................
................
................
................
770
43
................
................
................
................
................
................
................
17
................
................
................
................
................
................
................
2,957
................
4,630
505
1,197
................
1,874
204
2,282
926
574
4
925
375
232
2
729
................
................
................
295
................
................
................
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E:\FR\FM\27FEP2.SGM
AC
AC
HA
9,820
1,484
303
386
362
527
1,024
597
238
82,138
23,589
3,389
2,793
908
3,336
6,047
2,231
2,082
33,240
9,546
1,371
1,130
367
1,350
2,447
903
842
1,534
................
37
1,141
389
101
135
11,199
621
................
15
462
157
40
55
4,532
2,178
2,743
1,231
3,669
419
928
1,327
31,060
882
1,110
498
1,485
169
375
537
12,569
17,431
1,563
................
9,034
7,055
632
................
3,656
23,400
2,488
5,204
9,543
9,470
1,007
2,106
3,862
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TABLE 1—REVISED PROPOSED CRITICAL HABITAT UNITS FOR WESTERN YELLOW-BILLED CUCKOO—Continued
Federal
Unit name
State
Tribal
Other
Total
Unit
AC
HA
AC
HA
AC
HA
AC
HA
AC
HA
AZ 19 Black Draw .....................
AZ 20 Gila River 1 ....................
AZ 21 Salt River ........................
AZ 22 Lower Cienega Creek ....
AZ 23 Blue River .......................
AZ 24 Pinto Creek South ..........
AZ 25 Aravaipa Creek ..............
AZ 26 Gila River 2 ....................
AZ 27 Pinto Creek North ..........
AZ 28 Mineral Creek .................
AZ 29 Big Sandy River .............
NM 1 San Francisco River ........
NM 2 Gila River ........................
NM 3A Mimbres River ...............
NM 3B Mimbres River ...............
NM 4 Upper Rio Grande 1 ........
NM 5 Upper Rio Grande 2 ........
NM 6A Middle Rio Grande ........
NM 6B Middle Rio Grande ........
NM 7 Upper Gila River .............
NM 8A Caballo Delta North ......
NM 8B Caballo Delta South ......
NM 9 Animas ............................
NM 10 Selden Cyn/Radium
Springs ...................................
AZ 30 Arivaca Wash/San Luis ..
AZ 31 Florida Wash ..................
AZ 32 California Gulch ..............
AZ 33 Sycamore Canyon ..........
AZ 34 Madera Canyon ..............
AZ 35 Montosa Canyon ............
AZ 36 Patagonia Mountains .....
AZ 37 Canelo Hills ....................
AZ 38 Arivaca Lake ..................
AZ 39 Peppersauce Canyon .....
AZ 40 Pena Blanca Canyon .....
AZ 41 Box Canyon ....................
AZ 42 Rock Corral Canyon .......
AZ 43 Lyle Canyon ...................
AZ 44 Parker Canyon Lake ......
AZ 45 Barrel Canyon ................
AZ 46 Gardner Canyon .............
AZ 47 Brown Canyon ................
AZ 48 Sycamore Canyon/Patagonia ......................................
AZ 49 Washington Gulch ..........
AZ 50 Paymaster Spring/Mowry
CA 1 Sacramento River ............
CA 2 South Fork Kern River .....
ID 1 Snake River 1 ...................
ID 2 Snake River 2 ...................
ID 3 Henry’s Fork/Teton Rivers
CO 1 Colorado River ................
CO 2 North Fork Gunnison .......
UT 1 Green River 1 ..................
UT 2 Green River 2 ..................
TX 1 Terlingue Creek/Rio
Grande ...................................
21
22
23
24
25
26
27
28
29
30
31
32
33
34
34
35
36
37
37
38
39
39
40
896
779
2,469
................
1,025
368
622
1,953
415
1
5,269
738
974
................
................
................
................
................
11,802
1,086
190
155
................
362
315
999
................
415
149
252
791
168
0
2,132
299
394
................
................
................
................
................
4,776
440
77
63
................
134
215
................
759
................
................
116
206
................
198
1,453
10
201
................
................
................
................
7
21,907
188
................
................
................
54
87
................
307
................
................
47
83
................
80
588
4
81
................
................
................
................
3
8,865
76
................
................
................
................
10,183
................
................
................
................
392
1,436
................
................
236
................
................
................
................
1,313
1,173
6,273
2,257
................
................
................
................
................
4,121
................
................
................
................
159
581
................
................
96
................
................
................
................
531
475
2,539
913
................
................
................
................
570
9,547
121
1,601
................
5
2,199
4,994
12
180
13,221
1,291
3,002
260
285
517
................
958
25,376
3,453
................
................
608
231
3,863
49
648
................
2
890
2,021
5
73
5,351
522
1,215
105
115
209
................
388
10,270
1,397
................
................
246
1,599
20,724
2,590
2,360
1,025
373
3,329
8,588
427
380
20,179
2,039
4,177
260
284
1,830
1,173
7,238
61,343
4,727
190
155
608
647
8,387
1,048
955
415
151
1,347
3,475
173
154
8,166
825
1,690
105
115
741
475
2,929
24,825
1,913
77
63
246
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
20
4,662
449
376
601
1,419
496
1,059
1,381
567
317
483
317
190
716
1,424
755
4,320
726
8
1,887
182
152
243
574
201
429
559
229
128
196
128
77
290
576
306
1,748
294
................
89
255
................
................
................
................
8
1
417
................
................
184
25
................
................
................
290
228
................
36
103
................
................
................
................
3
1
169
................
................
74
10
................
................
................
117
92
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
218
1,014
43
182
0
313
3
845
1,440
381
32
................
34
................
577
75
164
471
159
88
410
18
73
0
127
1
341
583
154
13
................
14
................
234
31
66
191
65
237
5,765
747
558
601
1,732
499
1,912
2,822
1,365
349
484
536
214
1,293
1,499
920
5,081
1,113
96
2,333
302
226
243
701
202
774
1,142
553
141
196
217
87
523
607
372
2,056
451
60
61
62
63
64
65
66
67
68
69
70
71
604
361
390
2,123
88
3,694
5,862
756
32
115
4,657
40
245
146
158
859
35
1,494
2,372
305
13
47
1,885
17
................
................
................
485
419
1,763
1,940
511
417
................
4,411
632
................
................
................
197
170
713
785
206
169
................
1,785
256
................
................
................
................
................
2,527
................
................
................
................
14,611
................
................
................
................
................
................
1,023
................
................
................
................
5,913
................
................
226
512
32,800
2,133
1,672
3,641
3,374
3,553
2,211
4,702
462
................
91
207
13,274
863
676
1,473
1,366
1,438
895
1,903
187
604
587
903
35,406
2,640
9,655
11,442
4,641
4,002
2,326
28,381
1,135
245
237
365
14,328
1,068
3,907
4,630
1,878
1,620
941
11,486
459
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
lotter on DSKBCFDHB2PROD with PROPOSALS2
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
alteration of
hydrology
Unit
Name of unit
1 ...
CA/AZ–1 Colorado River 1 .............................................................................
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A, B, C
Sfmt 4702
Threats from
floodplain
encroachment
E, F, G, H, I, J
E:\FR\FM\27FEP2.SGM
27FEP2
Other threats
K, L, M, N, P
Special mgt.
R, S, T.
11479
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
lotter on DSKBCFDHB2PROD with PROPOSALS2
TABLE 2—THREATS TO HABITAT AND POTENTIAL SPECIAL MANAGEMENT CONSIDERATIONS—Continued
Threats from
alteration of
hydrology
Unit
Name of unit
2 ...
3 ...
4 ...
5 ...
6 ...
7 ...
8 ...
9 ...
10
11
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
34
35
36
37
37
38
39
CA/AZ–2 Colorado River 2 .............................................................................
AZ–1 Bill Williams River .................................................................................
AZ–2 Alamo Lake ...........................................................................................
AZ–3 Hassayampa River ...............................................................................
AZ–4 Agua Fria River .....................................................................................
AZ–5 Upper Verde River ................................................................................
AZ–6 Oak Creek .............................................................................................
AZ–7 Beaver Creek ........................................................................................
AZ–8 Lower Verde R./West Clear Creek .......................................................
AZ–9A Horseshoe Dam .................................................................................
AZ–9B Horseshoe Dam .................................................................................
AZ–10 Tonto Creek ........................................................................................
AZ–11 Pinal Creek .........................................................................................
AZ–12 Bonita Creek .......................................................................................
AZ–13 San Francisco River ...........................................................................
AZ–14 Upper San Pedro River ......................................................................
AZ–15 Lower San Pedro and Gila Rivers ......................................................
AZ–16 Sonoita Creek .....................................................................................
AZ–17 Upper Cienega Creek .........................................................................
AZ–18 Santa Cruz River ................................................................................
AZ–19 Black Draw ..........................................................................................
AZ–20 Gila River 1 .........................................................................................
AZ–21 Salt River ............................................................................................
AZ–22 Lower Cienega Creek .........................................................................
AZ–23 Blue River ...........................................................................................
AZ–24 Pinto Creek South ..............................................................................
AZ–25 Aravaipa Creek ...................................................................................
AZ–26 Gila River 2 .........................................................................................
AZ–27 Pinto Creek North ...............................................................................
AZ–28 Mineral Creek .....................................................................................
AZ–29 Big Sandy River ..................................................................................
NM–1 San Francisco River ............................................................................
NM–2 Gila River .............................................................................................
NM–3A Mimbres River ...................................................................................
NM–3B Mimbres River ...................................................................................
NM–4 Upper Rio Grande 1 ............................................................................
NM–5 Upper Rio Grande 2 ............................................................................
NM–6A Middle Rio Grande ............................................................................
NM–6B Middle Rio Grande ............................................................................
NM–7 Upper Gila River ..................................................................................
NM–8A Caballo Delta North ...........................................................................
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
C
C
D
C
C
C
C
C
C
D
D
D
C
C
C
C
C
D
C
C
C
C
D
C
C
C
C
C
C
C
C
C
C
C
C
C
C
D
D
C
D
E, F, G, H, I, J
..............................
F
E, F, G, H, I, J
F, G, I
F, G, I
F, G, I
F, G, I
F, G, I
I
I
F, G, I
F, G, I, J
F, I
F, I
E, F, G, I
E, F, G, H, I
F, G, I
F, G, I
E, F, G, H, I
F
E, F, G, H
F, G, I
E, F, G, I, J
G, I, J
F, G, I, J
E, F, I, J
F, G, I, J
F, I, J
E, F
E, F,G, I,
E, F, G, H, I
E, F, G, I, J
F, I
F, I
E, F, G, H, I
E, F, G, H, I, J
E, F, G, H, I, J
E, F, G, H, I, J
E, F, G, I, J
E, F, G, I
NM–8B Caballo Delta South ..........................................................................
A, B, C, D
E, F, G, I
NM–9 Animas .................................................................................................
NM–10 Selden Canyon and Radium Springs ................................................
AZ–30 Arivaca Wash and San Luis Wash .....................................................
AZ–31 Florida Wash .......................................................................................
AZ–32 California Gulch ..................................................................................
AZ–33 Sycamore Canyon ..............................................................................
AZ–34 Madera Canyon ..................................................................................
AZ–35 Montosa Canyon .................................................................................
AZ–36 Patagonia Mountains.
AZ–37 Canelo Hills.
AZ–38 Arivaca Lake .......................................................................................
AZ–39 Peppersauce Canyon .........................................................................
AZ–40 Pena Blanca Canyon ..........................................................................
AZ–41 Box Canyon ........................................................................................
AZ–42 Rock Corral Canyon ...........................................................................
AZ–43 Lyle Canyon ........................................................................................
AZ–44 Parker Canyon Lake ...........................................................................
AZ–45 Barrel Canyon .....................................................................................
AZ–46 Gardner Canyon .................................................................................
AZ–47 Brown Canyon ....................................................................................
AZ–48 Sycamore Canyon ..............................................................................
AZ–49 Washington Gulch ..............................................................................
AZ–50 Paymaster Spring ...............................................................................
CA–1 Sacramento River .................................................................................
CA–2 South Fork Kern River .........................................................................
ID–1 Snake River 1 ........................................................................................
ID–2 Snake River 2 ........................................................................................
ID–3 Henry’s Fork and Teton Rivers .............................................................
CO–1 Colorado River .....................................................................................
CO–2 North Fork Gunnison R ........................................................................
UT–1 Green River 1 .......................................................................................
UT–2 Green River 2 .......................................................................................
TX–2 Terlingua Creek and Rio Grande .........................................................
B,
A, B,
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Threats from
floodplain
encroachment
E:\FR\FM\27FEP2.SGM
Other threats
Special mgt.
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27FEP2
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11480
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
Definition of Codes
lotter on DSKBCFDHB2PROD with PROPOSALS2
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),
VerDate Sep<11>2014
17:50 Feb 26, 2020
Jkt 250001
these will be included in the supporting
materials posted on https://
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 yellowbilled 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 MultiSpecies 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
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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.
E:\FR\FM\27FEP2.SGM
27FEP2
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
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 yellowbilled 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.
lotter on DSKBCFDHB2PROD with PROPOSALS2
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
VerDate Sep<11>2014
17:50 Feb 26, 2020
Jkt 250001
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
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Sfmt 4702
11481
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 yellowbilled 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
E:\FR\FM\27FEP2.SGM
27FEP2
11482
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
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 yellowbilled cuckoo.
lotter on DSKBCFDHB2PROD with PROPOSALS2
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 stopover habitat for western yellow-billed
cuckoos. This unit is part of the core
area as identified in our conservation
VerDate Sep<11>2014
17:50 Feb 26, 2020
Jkt 250001
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-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 (30m)-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
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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 yellowbilled 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 33mi (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
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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 yellowbilled cuckoos. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled cuckoo.
The extended reaches contain
breeding habitat where western yellowbilled 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 yellowbilled 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
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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 yellowbilled cuckoos moving farther north.
Tamarisk is a component of habitat in
this unit and may provide understory or
nesting habitat for the western yellowbilled cuckoo. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled 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 yellowbilled cuckoo. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled 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
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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.
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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 stopover 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.
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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 yellowbilled cuckoos moving farther north.
Tamarisk is a component of habitat in
this unit and may provide understory or
nesting habitat for the western yellowbilled 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
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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 stopover 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
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timing. This unit also provides a
movement corridor and migratory stopover 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
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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 Audubonheld 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
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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 yellowbilled 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 yellowbilled cuckoo. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled 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
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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 yellowbilled cuckoo. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled 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 yellowbilled cuckoo. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled 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
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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 yellowbilled cuckoo. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled 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 yellowbilled 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 cottonwoodwillow 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
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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
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(Johnson 2016, entire). No protocol
surveys have been conducted in this
extended reach, but western yellowbilled 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 yellowbilled cuckoo. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled cuckoo.
lotter on DSKBCFDHB2PROD with PROPOSALS2
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
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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.
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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
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lotter on DSKBCFDHB2PROD with PROPOSALS2
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 yellowbilled cuckoos moving farther north.
Tamarisk is a component of habitat in
this unit and may provide understory or
nesting habitat for the western yellowbilled cuckoo. This unit is part of the
core area as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled 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
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our conservation strategy for designating
critical habitat for the western yellowbilled 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
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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 yellowbilled 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 yellowbilled 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 yellowbilled 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
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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 yellowbilled cuckoos in these areas. For
Elephant Butte Reservoir specifically
and in addition to the consistent
occupancy of breeding western yellowbilled 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.
lotter on DSKBCFDHB2PROD with PROPOSALS2
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,
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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 stopover 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
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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; Don˜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 Don˜a Ana County,
New Mexico. It is located on a
continuous segment of habitat
northwest of the town of Radium
Springs, within Don˜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).
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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 yellowbilled 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
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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 stopover 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 yellowbilled 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).
billed cuckoo. The site also provides a
movement corridor and migratory stopover 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 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-
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 (< 1 ha) being privately
owned. Following the publication of the
2014 proposed rule, we received
additional information on western
yellow-billed cuckoo occupancy in
Madrean evergreen woodland drainages
that supports inclusion as critical
habitat (MacFarland and Horst 2015,
entire). 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 yellowbilled cuckoo. There have been multiple
sightings of western yellow-billed
cuckoo using this drainage in the
months of July–September in almost
every year during the period 2000–2015
(Cornell Lab of Ornithology 2016 (eBird
data)). Up to six territories or potential
pairs were found during western
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yellow-billed cuckoo surveys in 1999
(Corman and Magill 2000, p. 51). During
2015 surveys, three territories were
detected, including one territory with a
pair and another territory with a
western yellow-billed cuckoo carrying
food (MacFarland and Horst 2015, pp.
25–26). The site also provides a
movement corridor and migratory stopover 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. This unit is contained within
the Sycamore Canyon/Pajarito
Mountains IBA, with western yellowbilled cuckoos identified as one of the
breeding birds (National Audubon
Society 2016h, entire).
Unit 46: AZ–34 Madera Canyon; Pima
and Santa Cruz Counties, Arizona
Revised proposed critical habitat Unit
AZ–34 is 1,732 ac (701 ha) in extent and
is a 7-mi (11-km)-long continuous
segment of Madera Canyon in Pima and
Santa Cruz Counties, Arizona.
Approximately 1,419 ac (574 ha) is in
Federal ownership, and 313 ac (127 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 as critical habitat
(MacFarland and Horst 2015, entire).
This unit in Madera Canyon includes
many western yellow-billed cuckoo
detections by birders throughout this
reach between 1998 and 2014 (Cornell
Lab of Ornithology 2016 (eBird data)).
The mouth of lower Madera Canyon is
an area with numerous western yellowbilled cuckoo detections in multiple
years (Cornell Lab of Ornithology 2016
(eBird data)). Tucson Audubon
documented one occupied territory
found consistently in lower Madera
Canyon during protocol surveys during
the breeding season in 2015
(MacFarland and Horst 2015, pp. 105–
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106). 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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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. This unit is within the Santa
Rita Mountains IBA (National Audubon
Society 2016f, entire), one of the sky
islands in southeastern Arizona.
Unit 47: AZ–35 Montosa Canyon; Santa
Cruz County, Arizona
Revised proposed critical habitat Unit
AZ–35 is 499 ac (202 ha) in extent and
is a 4-mi (6-km)-long continuous
segment of Montosa Canyon in Santa
Cruz County, Arizona. Approximately
496 ac (201 ha) is in Federal ownership,
and 3 ac (1 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 as critical habitat. Five
territories, including four pairs, were
found during surveys in 2015
(MacFarland and Horst 2015, pp. 103–
104; Sferra 2015, entire). Many western
yellow-billed cuckoos have been
detected by birders for at least the last
4 years (Cornell Lab of Ornithology 2016
(eBird data)). 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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stop-
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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). This 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. This canyon contains dense
vegetation along the creek that flows
through the bottom of the canyon, and
the sloping vegetated canyon walls
provide additional foraging
opportunities (MacFarland and Horst
2015, p. 103). This unit is within the
Santa Rita Mountains IBA (National
Audubon Society 2016f, entire), one of
the sky islands in southeastern Arizona.
Unit 48: AZ–36 Patagonia Mountains,
Santa Cruz County, Arizona
Revised proposed critical habitat Unit
AZ–36 is 1,912 ac (774 ha) in extent and
is an 11-mi (17-km)-long segment made
up of several drainages in the Patagonia
Mountains in Santa Cruz County,
Arizona. Approximately 1,059 ac (429
ha) is in Federal ownership; 8 ac (3 ha)
is in State ownership; and 845 ac (341
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 as critical habitat
(MacFarland and Horst 2015, entire). A
popular birding destination, there have
been multiple postings in eBird of
western yellow-billed cuckoos using
this drainage in the months of July–
September in the period 2000–2015
(Cornell Lab of Ornithology 2016 (eBird
data)). Western yellow-billed cuckoos
were detected in eight locations during
2012 surveys in riparian vegetation
along 2.2 mi (3.5 km) of Harshaw Creek,
along 2.1 mi (3.3 km) of Corral Canyon,
and along 1.4 mi (2.2 km) of Hermosa
Canyon (WestLand Resources, Inc.
2013a, pp. 2–3). Four locations were in
Harshaw Creek, four were in Corral
Canyon, and two were in Hermosa
Canyon (WestLand Resources, Inc.
2013a, p. 4). Western yellow-billed
cuckoos were in ephemeral drainages,
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except for one Hermosa Canyon
detection on a hilltop of sparse oak trees
and manzanita (WestLand Resources,
Inc. 2013a, p. 5). Western yellow-billed
cuckoos were detected along 8 of the
survey transects at a total of 46 separate
locations in an expanded 2013 survey in
Harshaw Creek and an unnamed
tributary, Hermosa Creek, Goldbaum
Creek, Corral Canyon and two unnamed
tributaries, and Willow Springs Canyon
(WestLand Resources, Inc. 2013b, pp. 4–
5). Surveyors documented seven
possible breeding occurrences and two
probable breeding occurrences
(WestLand Resources, Inc. 2013b, pp. 7–
9). Probable breeding locations were
defined by two western yellow-billed
cuckoos exchanging calls at the same
location, and possible breeding
locations were defined as multiple
detections in the same location across
more than one survey period (WestLand
Resources, Inc. 2013b, pp. 8–9). 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 yellowbilled cuckoo. The site also provides a
movement corridor 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
(monsoonal events). Western yellowbilled cuckoos were largely associated
with oak, juniper, and scattered
sycamore vegetation along drainages,
but they were also detected in upland
areas dominated by nonriparian
associated shrubs and oak trees
(WestLand Resources, Inc. 2013, p. 3).
The Patagonia Mountains IBA is
within one of southern Arizona’s sky
islands and is composed of Madrean
evergreen woodland habitat dominated
by oak-juniper, oak-pine, and pine oak
communities surrounded by grasslands
and desert (National Audubon Society
2016i, entire). The many canyons and
drainages that cut through these
mountains support riparian vegetation.
The extent of the oak-juniper
community type habitat, with
sycamores in drainages, is continuous
throughout this range.
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Unit 49: AZ–37 Canelo Hills, Santa Cruz
County
Revised proposed critical habitat Unit
AZ–37 is 2,822 ac (1,142 ha) in extent
and is an 11.5-mi (18.5-km)-long of a
drainage within Santa Cruz County,
Arizona. Approximately 1,381 ac (559
ha) is in Federal ownership; 1 ac (less
than 1 ha) is in State ownership; and
1,440 ac (583 ha) is in other ownership.
Following the publication of the 2014
proposed rule, we received survey
information, as identified below, on
western yellow-billed cuckoo
occupancy and habitat use that confirms
occupancy at the time of listing which
supports the addition of this unit to the
proposed designation of critical habitat.
Western yellow-billed cuckoos
occupy the trees bordering creeks and
cienega wetlands and have been
detected during the breeding season in
several years, including a pair each on
August 27, 1998, at Canelo Hills Cienega
and Turkey Creek (Corman and Magill
2000, p. 43; Cornell Lab of Ornithology
2016 (eBird data)). Western yellowbilled cuckoos have been detected
incidentally in this unit for many years
from 1967 through 1998 (Arizona Game
and Fish Department 2016, entire) and
more recently on June 19, 2001,
September 28, 2011, August 13, 2013,
and June 23, 2014 (Cornell Lab of
Ornithology 2016 (eBird data)). The first
year of protocol surveys were conducted
in 2015, with western yellow-billed
cuckoos detected on July 16, July 26
(two western yellow-billed cuckoos in
different areas), July 31, August 5 (two
western yellow-billed cuckoos in
different areas), and August 29
(Audubon Arizona 2015, entire).
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This unit includes
areas of riparian and Madrean evergreen
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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.
Unit 50: AZ–38 Arivaca Lake, Pima and
Santa Cruz Counties, Arizona
Revised proposed critical habitat Unit
AZ–38 is 1,365 ac (553 ha) in extent and
is a 9-mi (14-km)-long continuous
segment of stream near Arivaca Lake in
Pima and Santa Cruz Counties, Arizona.
Approximately 567 ac (229 ha) is in
Federal ownership; 417 ac (169 ha) is in
State ownership; and 381 ac (154 ha) is
in other ownership. Following the
publication of the 2014 proposed rule,
we received additional information on
western yellow-billed cuckoo
occupancy and habitat use from the
time of listing and shortly thereafter
(2015) that supports inclusion as critical
habitat (MacFarland and Horst 2015,
entire). Tucson Audubon detected seven
occupied territories with repeated
detections, including three pairs, where
they surveyed at and near the lake in
2015 (MacFarland and Horst 2015, pp.
17–18). The seven territories
documented is likely an underestimate,
as only a small portion of suitable
habitat was surveyed. Western yellowbilled cuckoos were detected at the lake
on every visit during 2015, and habitat
surrounding the lake and side canyons
is considered highly suitable. Some
parts of the lake were only surveyed
once in 2015 due to safety concerns and
the difficulty of walking in rough terrain
and through dense vegetation
(MacFarland and Horst 2015, pp. 17–
18). Additional records exist from
previous years (Cornell Lab of
Ornithology 2016 (eBird data). Although
some of the sightings are from after the
time of listing, we believe the site was
used by the western yellow-billed
cuckoo based on past records and
habitat conditions.
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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,
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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 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.
Unit 51: AZ–39 Peppersauce Canyon,
Pinal County, Arizona
Revised proposed critical habitat Unit
AZ–39 is 349 ac (141 ha) in extent and
is a 4-mi (6-km)-long continuous
segment of stream within Peppersauce
Canyon in Pinal County, Arizona.
Approximately 317 ac (128 ha) is in
Federal ownership, and 32 ac (13 ha) is
in other ownership. Following the
publication of the first western yellowbilled cuckoo critical habitat proposed
rule, we received additional information
on western yellow-billed cuckoo
occupancy and habitat use in Madrean
evergreen woodland drainages that
supports inclusion as critical habitat.
Tucson Audubon detected western
yellow-billed cuckoos on two surveys in
2015, including a pair in August, the
first year this area has been surveyed
(MacFarland and Horst 2015, pp. 53–
54). Although these sightings are from
after the time of listing, we believe the
site was used by the western yellowbilled cuckoo based on occupancy in
nearby areas and habitat conditions.
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This unit includes
areas of riparian and Madrean evergreen
woodland vegetation that are suitable as
western yellow-billed cuckoo breeding
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habitat and connected areas of riparian
and Madrean evergreen woodland
vegetation that are suitable as foraging
habitat. Dominant overstory vegetation
in occupied habitat consists of oak,
sycamore, cottonwood, mesquite,
walnut, and ocotillo (MacFarland and
Horst 2015, p. 122).
Unit 52: AZ–40 Pena Blanca Canyon,
Santa Cruz County, Arizona
Revised proposed critical habitat Unit
AZ–40 is 484 ac (196 ha) in extent and
is a 7-mi (11-km)-long continuous
segment of stream within Pena Blanca
Canyon in Santa Cruz County, Arizona.
Approximately 483 ac (196 ha) is in
Federal ownership, and less than 1 ac (1
ha) is in other ownership. Following the
publication of the first western yellowbilled cuckoo critical habitat proposed
rule, we received additional information
on western yellow-billed cuckoo
occupancy and habitat use in Madrean
evergreen woodland drainages that
supports inclusion as critical habitat
(MacFarland and Horst 2015, entire).
Tucson Audubon detected three western
yellow-billed cuckoo territories,
including two pairs during surveys in
2015 (MacFarland and Horst 2015, pp.
21–22). Western yellow-billed cuckoos
were detected on all four surveys in
2015, including a western yellow-billed
cuckoo on a nest, and a western yellowbilled cuckoo carrying what appeared to
be food at a different location. An adult
was observed feeding a large caterpillar
to a fledgling on September 19, 2014 at
Pena Blanca Lake (Helentjaris 2014,
entire). Western yellow-billed cuckoos
have been documented in other years at
this site as well, with data from birder
listserves and eBird (Cornell Lab of
Ornithology 2016 (eBird data)).
Although these sightings are from after
the time of listing, we believe the site
was used by the western yellow-billed
cuckoo based on occupancy in nearby
areas and habitat conditions.
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 yellowbilled 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
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11493
feature 3 (PBF 3) occurs within this unit
(monsoonal events). This 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. Overstory vegetation at
occupied territories is primarily oak and
willow, with small amounts of juniper
and ash (MacFarland and Horst 2015, p.
121).
Unit 53: AZ–41 Box Canyon, Pima
County, Arizona
Revised proposed critical habitat Unit
AZ–41 is 536 ac (217 ha) in extent and
is a 7-mi (11-km)-long continuous
segment of stream within Box Canyon in
Pima County, Arizona. Approximately
317 ac (128 ha) is in Federal ownership;
184 ac (74 ha) is in State ownership; and
34 ac (14 ha) is in other ownership.
Following the publication of the first
western yellow-billed cuckoo critical
habitat proposed rule, we received
additional information on western
yellow-billed cuckoo occupancy and
habitat use in Madrean evergreen
woodland drainages that supports
inclusion as critical habitat (MacFarland
and Horst 2015, entire). Tucson
Audubon detected two western yellowbilled cuckoo territories on three
surveys in 2015, including the
observation of a western yellow-billed
cuckoo carrying food, an indication of a
likely active nest (MacFarland and Horst
2015, pp. 97–98). A western yellowbilled cuckoo was also observed
carrying food to a nest on August 28,
2013, at a different location (Sebesta
2014, entire). Other observations of
western yellow-billed cuckoos in Box
Canyon have been reported by birders
during the breeding season in more than
one year (Cornell Lab of Ornithology
2016 (eBird data)). Although some of
these sightings are from after the time of
listing, we believe the site was used by
the western yellow-billed cuckoo based
on records at the time of listing,
occupancy in nearby areas, and habitat
conditions. This unit is within the Santa
Rita Mountains IBA (National Audubon
Society 2016f, entire) (see description
under Unit 43; AZ–31 Florida Wash).
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover habitat for western yellow-billed
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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). This 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. Overstory vegetation in
occupied habitat is primarily mesquite,
ash, ocotillo, willow, oak, sycamore,
hackberry, and juniper (MacFarland and
Horst 2015, p. 124). Midstory vegetation
in occupied habitat includes desert
cotton, walnut, coursetia (Coursetia sp.),
mesquite, Cercocarpus sp., and sotol
(Dasylirion wheeleri) (MacFarland and
Horst 2015, p. 129). Understory
vegetation in occupied habitat includes
sideoats gramma, brickellia (Brickellia
sp.), nonnative Bermuda grass,
Lehman’s lovegrass, Johnson grass, and
cocklebur (Xanthium sp.) (MacFarland
and Horst 2015, p. 134).
Unit 54: AZ–42 Rock Corral Canyon,
Santa Cruz County, Arizona
Revised proposed critical habitat Unit
AZ–42 is 214 ac (87 ha) in extent and
is a 3-mi (5-km)-long continuous
segment of stream within Rock Corral
Canyon in Santa Cruz County, Arizona.
Approximately 190 ac (77 ha) is in
Federal ownership, and 25 ac (10 ha) is
in State ownership. Following the
publication of the first western yellowbilled cuckoo critical habitat proposed
rule, we received additional information
on western yellow-billed cuckoo
occupancy and habitat use in Madrean
evergreen woodland drainages that
supports inclusion as critical habitat
(MacFarland and Horst 2015, entire).
This canyon is part of the Tumacacori
Mountains, with high bird and plant
diversity (MacFarland and Horst 2015,
p. 23). Two occupied territories,
including one breeding pair, were
detected during the 2015 surveys
(MacFarland and Horst 2015, pp. 23–
24). Detections during the breeding
season have also been documented by
other observers in 2015 and 2011,
including a probable breeding pair in
2011 (Cornell Lab of Ornithology 2016
(eBird data)). Although some of these
sightings are from after the time of
listing, we believe the site was used by
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the western yellow-billed cuckoo based
on records at the time of listing,
occupancy in nearby areas, and habitat
conditions.
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This 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. Overstory vegetation in
occupied habitat is primarily mesquite,
with some oak and cottonwood
(MacFarland and Horst 2015, p. 121).
Unit 55: AZ–43 Lyle Canyon, Santa Cruz
and Cochise Counties, Arizona
Revised proposed critical habitat Unit
AZ–43 is 1,293 ac (523 ha) in extent and
is a 7.5-mi (12-km)-long continuous
segment of stream within Lyle Canyon
in Santa Cruz and Cochise Counties,
Arizona. Approximately 716 ac (290 ha)
is in Federal ownership, and 577 ac (234
ha) is in other ownership. Following the
publication of the first western yellowbilled cuckoo critical habitat proposed
rule, we received additional information
on western yellow-billed cuckoo
occupancy and habitat use in Madrean
evergreen woodland drainages that
supports inclusion as critical habitat
(MacFarland and Horst 2015, entire).
Two western yellow-billed cuckoo
territories, including a pair, were
detected on three surveys in July and
August 2015, in Korn Canyon, near the
confluence with Lyle Canyon
(MacFarland and Horst 2015, pp. 35–
36). Two pairs of western yellow-billed
cuckoos were detected on four surveys
in July and August 2015, in Lyle Canyon
(MacFarland and Horst 2015, pp. 33–
34). Although these sightings are from
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after the time of listing, we believe the
site was used by the western yellowbilled cuckoo based on occupancy in
nearby areas and habitat conditions.
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 yellowbilled cuckoo. The site is considered
occupied at the time of listing. The site
also provides a movement corridor and
migratory stop-over location and was
considered 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
(monsoonal events). More specifically,
this site includes areas of riparian and
Madrean evergreen woodland vegetation
that are suitable as western yellowbilled cuckoo breeding habitat and
connected areas of riparian and
Madrean evergreen woodland vegetation
that are suitable as foraging habitat.
Occupied overstory habitat in Korn
Canyon is dominated by oak and
juniper, with some sycamore and ash
(MacFarland and Horst 2015, pp. 121–
122). Occupied overstory habitat in Lyle
Canyon is dominated by oak and
juniper, with some sycamore, pinion
pine, and walnut (MacFarland and
Horst 2015, p. 122).
Unit 56: AZ–44 Parker Canyon Lake,
Santa Cruz and Cochise Counties,
Arizona
Revised proposed critical habitat Unit
AZ–44 is 1,499 ac (607 ha) in extent and
is a 10.5-mi (16-km)-long continuous
segment of stream near Parker Canyon
Lake in Santa Cruz and Cochise
Counties, Arizona. Approximately 1,424
ac (576 ha) is in Federal ownership, and
75 ac (31 ha) is in other ownership.
Following the publication of the first
western yellow-billed cuckoo critical
habitat proposed rule, we received
additional information on western
yellow-billed cuckoo occupancy and
habitat use in Madrean evergreen
woodland drainages that supports
inclusion as critical habitat. Western
yellow-billed cuckoos were detected on
three western yellow-billed cuckoo
surveys in July and August 2015, in
Collins Canyon, including a pair
(MacFarland and Horst 2015, pp. 29–
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30). Western yellow-billed cuckoos were
detected on four surveys in July and
August 2015, in Merritt Canyon
(MacFarland and Horst 2015, pp. 37–
38). Western yellow-billed cuckoos were
documented at Parker Canyon Lake in
2015 by birders in August (Cornell Lab
of Ornithology 2016 (eBird data)).
Although these sightings are from after
the time of listing, we believe the site
was used by the western yellow-billed
cuckoo based on occupancy in nearby
areas and habitat conditions.
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). More specifically,
this site contains areas of riparian and
Madrean evergreen woodland vegetation
that are suitable as western yellowbilled cuckoo breeding habitat and
connected areas of riparian and
Madrean evergreen woodland vegetation
that are suitable as foraging habitat.
Dominant overstory vegetation in
occupied habitat in Collins and Merritt
canyons consists of juniper and oak,
with ash, pine, cottonwood, and walnut
(MacFarland and Horst 2015, pp. 121–
122). Merritt Canyon, north of Parker
Canyon Lake, is a shallow and wide
drainage with large trees and flowing
water (MacFarland and Horst 2015, p.
37). Western yellow-billed cuckoo were
observed in Merritt Canyon on Forest
Service land as well as private
inholding that contained large,
ornamental trees and a large turf lawn.
Unit 57: AZ–45 Barrel Canyon, Pima
County, Arizona
Revised proposed critical habitat Unit
AZ–45 is 920 ac (372 ha) in extent and
is a 5-mi (8-km)-long continuous
segment of stream within Barrel Canyon
in Pima County, Arizona.
Approximately 755 ac (306 ha) is in
Federal ownership; less than 1 ac (1 ha)
is in State ownership; and 164 ac (66 ha)
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is in other ownership. Following the
publication of the first western yellowbilled cuckoo critical habitat proposed
rule, we received additional information
on western yellow-billed cuckoo
occupancy and habitat use in Madrean
evergreen woodland drainages that
supports inclusion as critical habitat.
Western yellow-billed cuckoos were
documented during protocol surveys in
the summers of 2013, 2014, and 2015 in
this unit (WestLand Resources, Inc.
2015a, pp. 2–4; Westland Resources
2015b, entire; Westland Resources
2015c, entire.
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This 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. Vegetation associated with these
detections was Emory oak (Quercus
emoryi), Arizona white oak (Q.
arizonica), velvet mesquite, and desert
willow, with an occasional Arizona
sycamore, Arizona walnut, and
Goodding’s willow and alligator juniper
(along sandy bottom drainages lacking
perennial surface water.
Unit 58: AZ–46 Gardner Canyon; Pima
and Santa Cruz Counties, Arizona
Revised proposed critical habitat Unit
AZ–46 is 5,081 ac (2,056 ha) in extent
and is a 14-mi (23-km)-long continuous
segment of stream within Gardner
Canyon in Pima and Santa Cruz
Counties, Arizona. Approximately 4,320
ac (1,748 ha) is in Federal ownership;
290 ac (117 ha) is in State ownership;
and 471 ac (191 ha) is in other
ownership. This unit includes suitable
habitat within the Las Cienegas National
Conservation Area (NCA) that connects
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11495
Gardner Canyon with upper Cienega
Creek.
Western yellow-billed cuckoos were
detected within this drainage at the Las
Cienegas NCA Cottonwood Tanks on
August 19, 2012, and June 10 and July
9, 2014 (Cornell Lab of Ornithology
2016 (eBird data)). Western yellowbilled cuckoos were detected on June
23, 2001 (Cornell Lab of Ornithology
2016 (eBird data)), in 2002 (Arizona
Game and Fish Department 2016,
entire), and on July 25, 2015 (Cornell
Lab of Ornithology 2016 (eBird data))
along Gardner Canyon or Gardner
Canyon Road in Coronado National
Forest. All detections were incidental;
no western yellow-billed cuckoo
protocol surveys have been conducted
in Gardner Canyon.
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This 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. Habitat in Gardner Canyon is
Madrean evergreen woodland with oak,
desert willow, mesquite, and juniper.
The drainage is intermittent during the
monsoonal rain season.
Unit 59: AZ–47 Brown Canyon; Pima
County, Arizona
Revised proposed critical habitat Unit
AZ–47 is 1,113 ac (451 ha) in extent and
is an 8-mi (13-km)-long continuous
segment of stream within Brown
Canyon in Pima County, Arizona.
Approximately 726 ac (294 ha) is in
Federal ownership; 228 ac (92 ha) is in
State ownership; and 159 ac (65 ha) is
in other ownership. Western yellowbilled cuckoos were detected by birders
during the breeding season on August
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29–September 1, 2005, and June 25,
2015 (American Birding Association
2012, entire; Cornell Lab of Ornithology
2016 (Bird data)). Nesting has been
confirmed in Brown Canyon (B. Powell,
unpublished data as reported in Pima
County 2016, p. A–78; Corson 2018, pp.
11–12). In addition, they have also been
observed during the breeding season by
Buenos Aires National Wildlife Refuge
staff (Flatland 2011, entire).
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This 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. Brown Canyon includes a broad
mix of dominant plant species that
change with elevation and topography.
At lower elevations, vegetation is
predominantly Sonoran Desert uplands;
at higher elevations, vegetation is
predominantly oak woodlands (Powell
and Steidl 2015, p. 68). Vegetation
includes a mix of mesquite, oaks,
hackberry, sycamore, walnut, acacia,
Mimosa sp., and juniper (Powell and
Steidl 2015, pp. 67, 69).
Unit 60: AZ–48 Sycamore Canyon,
Patagonia Mountains; Santa Cruz
County, Arizona
Revised proposed critical habitat Unit
AZ–48 is 604 ac (245 ha) in extent and
is a 5-mi (8-km)-long continuous
segment of stream within Sycamore
Canyon in Santa Cruz County, Arizona.
The unit is entirely within Federal lands
within the Coronado National Forest.
Sycamore Canyon is a well-vegetated
riparian corridor in Madrean evergreen
woodland in the Patagonia Mountains.
This site was surveyed only twice, but
western yellow-billed cuckoos were
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detected at two locations on August 4
and 18, 2015, during protocol surveys
(MacFarland and Horst 2015, pp. 91,
92). Numerous western yellow-billed
cuckoos have been incidentally detected
within this mountain range in multiple
years, especially along Harshaw Creek
(Cornell Lab of Ornithology 2016 (eBird
data)). This unit lies within the
Patagonia Mountains IBA.
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This 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. Dominant overstory vegetation
where western yellow-billed cuckoos
have been found during surveys was
primarily oak, ash, cottonwood, and
mesquite, and dominant midstory
vegetation was mesquite, Baccharis sp.,
ash, Mimosa sp., grape, and skunkbush
(Rhus trilobata) (MacFarland and Horst
2015, pp. 91, 124, 129).
Unit 61: AZ–49 Washington Gulch;
Santa Cruz County, Arizona
Revised proposed critical habitat Unit
AZ–49 is 587 ac (237 ha) in extent and
is a 5-mi (8-km)-long continuous
segment of stream within Washington
Gulch in Santa Cruz County, Arizona.
Approximately 361 ac (146 ha) is in
Federal ownership, and 226 ac (91 ha)
is in other ownership. Washington
Gulch is a riparian corridor in Madrean
evergreen woodland in the Patagonia
Mountains in the Coronado National
Forest. A September 2, 2014, entry in
eBird noted that a western yellow-billed
cuckoo was calling during the field
season (Cornell Lab of Ornithology 2015
(eBird data)). A western yellow-billed
cuckoo was detected in the same general
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area during protocol surveys on July 22
and August 19 in 2015 in Washington
Gulch (MacFarland and Horst 2015, pp.
91–94). This unit lies within the
Patagonia Mountains IBA.
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 yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This 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. This drainage contains an
overstory of large oak trees with some
juniper and a midstory of manzanita
and juniper (MacFarland and Horst
2015; pp. 93, 124, 129).
Unit 62: AZ–50 Paymaster Spring and
Mowrey Wash; Santa Cruz County,
Arizona
Revised proposed critical habitat Unit
AZ–50 is 903 ac (365 ha) in extent and
is made up of segments of stream within
Paymaster Spring and Mowrey Wash
totaling 5.5 mi (8.8 km) in Santa Cruz
County, Arizona. Approximately 390 ac
(158 ha) is in Federal ownership, and
512 ac (207 ha) is in other ownership.
Paymaster Creek is a riparian corridor in
Madrean evergreen woodland in the
Patagonia Mountains in the Coronado
National Forest. A western yellow-billed
cuckoo was detected incidentally on
June 18, 2010, and during protocol
surveys on July 7 and 22, 2015
(MacFarland and Horst 2015, p. 89).
This unit lies within the Patagonia
Mountains IBA.
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
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critical habitat for the western yellowbilled cuckoo. The site also provides a
movement corridor and migratory stopover 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). This 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. Oak, juniper, and some pine
were the most dominant tree species
where western yellow-billed cuckoos
were detected during surveys
(MacFarland and Horst 2015, p. 123).
Unit 63: CA–1 Sacramento River;
Colusa, Glenn, Butte, and Tehama
Counties, California
Revised proposed critical habitat unit
CA–1 is 35,406 ac (14,328 ha) in extent
and is a 69-mi (111-km)-long continuous
segment of the Sacramento River
starting 5 mi (8 km) southeast of the city
of Red Bluff in Tehama County,
California, to the downstream boundary
of the Colusa-Sacramento River State
Recreation Area next to the town of
Colusa in Colusa County, California.
The middle segment of this river reach
flows through Butte and Glenn
Counties. Approximately 2,123 ac (859
ha) is in Federal ownership; 485 ac (197
ha) is in State ownership; and 32,800 ac
(13,274 ha) is in other ownership. 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 site has been a significant
nesting area (nearly 100 nesting pairs in
early 1970s) for the western yellowbilled cuckoo in the past but has been
in decline (Dettling and Howell 2011a,
pp. 30–35; Dettling and Howell 2011b,
entire; Dettling et al. 2015, p. 2). Survey
efforts in the early 1970s detected
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approximately 3 western yellow-billed
cuckoo detections per day (60–96
nesting pairs). In the late 1980s this
number dropped to less than 1.5 per day
(35 nesting pairs) and in 2012 the
survey efforts identified 1 to less than 1
sighting per day (28 nesting pairs)
(Dettling et al. 2015, pp. 11–13). 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. It is an
important area to maintain for
occupancy to promote species recovery.
Minor revisions to the unit from the
2014 proposed designation include
removal of orchard areas, agricultural
lands, and roadways.
Unit 64: CA–2 South Fork Kern River
Valley; Kern County, California
Revised proposed critical habitat Unit
CA–2 is 2,640 ac (1,068 ha) in extent
and is a 13-mi (21-km)-long continuous
segment of the South Fork Kern River
from west of the settlement of
Canebrake downstream to Lake Isabella
and includes the upper 0.6 mi (1.0 km)
of Lake Isabella in Kern County,
California. Approximately 88 ac (35 ha)
is in Federal ownership; 419 ac (170 ha)
is in State ownership; and 2,133 ac (863
ha) is in other ownership. Much of the
privately owned land is owned and
managed by Audubon California as the
Kern River Preserve. Numbers of
breeding western yellow-billed cuckoos
have been relatively consistent at this
site. The enlargement of this site from
the 2014 proposed designation is based
on recent observations in 2000 and 2014
of western yellow-billed cuckoos on the
Canebrake Ecological Reserve. Western
yellow-billed cuckoos were found in the
expanded area in the 1980s and early
1990s, but none were found in the late
1990s, so the area wasn’t included in
the original proposal. The habitat at this
site is improving based on reduction of
cattle grazing and habitat restoration
activities. 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 is part of the area
outside the Southwest portion of the
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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
provides a stop-over area or movement
corridor between western yellow-billed
cuckoos breeding on the Colorado River
and the Sacramento River. We have
identified approximately 1,370 ac (555
ha) for potential exclusion from this
unit (see Consideration of Impacts
Under Section 4(b)(2) of the Act).
Unit 65: ID–1 Snake River 1; Bannock
and Bingham Counties, Idaho
Revised proposed critical habitat unit
ID–1 is 9,655 ac (3,907 ha) in extent and
is a 22-mi (35-km)-long continuous
segment of the Snake River from the
upstream end of the American Falls
Reservoir in Bannock County upstream
to a point on the Snake River
approximately 2 mi (3 km) west of the
Town of Blackfoot in Bingham County,
Idaho. Approximately 3,694 ac (1,494
ha) is in Federal ownership; 1,763 ac
(713 ha) is in State ownership; 2,527 ac
(1,023 ha) is in Tribal ownership; and
1,672 ac (676 ha) is in other ownership.
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 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 is consistently
occupied by western yellow-billed
cuckoos during the breeding season.
The unit is at the northern limit of the
species’ current breeding range.
Unit 66: ID–2 Snake River 2; Bonneville,
Madison, and Jefferson Counties, Idaho
Revised proposed critical habitat unit
ID–2 is 11,442 ac (4,630 ha) in extent
and is a 40-mi (64-km)-long continuous
segment of the Snake River from the
bridge crossing on the Snake River 2 mi
(3 km) east of the Town of Roberts in
Madison County through Jefferson
County and upstream to the vicinity of
the mouth of Table Rock Canyon in
Bonneville County, Idaho.
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Approximately 5,862 ac (2,372 ha) is in
Federal ownership; 1,940 ac (785 ha) is
in State ownership; and 3,641 ac (1,473
ha) is in other ownership. Portions of
this unit are within lands designated as
the Snake River ACEC by BLM, and the
Land and Water Conservation Fund
(LWCF) program has purchased 32
properties in fee title and set aside
approximately 42 conservation
easements (22,400 ac (9,065 ha)) within
the ACEC. The western yellow-billed
cuckoo has been identified as a species
of concern in the ACEC. State and
County road crossings account for less
than 1 percent of total ownership of this
proposed unit. 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 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. This unit
is consistently occupied by western
yellow-billed cuckoos during the
breeding season. The unit is at the
northern limit of the species’ current
breeding range.
Unit 67: ID–3 Henry’s Fork and Teton
Rivers; Madison and Fremont Counties,
Idaho
Revised proposed critical habitat Unit
ID–3 is 4,641 ac (1,878 ha) in extent and
is a 15-mi (24-km)-long continuous
segment of the Henry’s Fork of the
Snake River in Madison County from
approximately 16 km (10 mi) upstream
of the confluence with the Snake River
to a point on the river approximately 1.6
km (1 mi) downstream of the town of St.
Anthony in Fremont County, Idaho.
Approximately 756 ac (305 ha) is in
Federal ownership; 511 ac (206 ha) is in
State ownership; and 3,374 ac (1,366 ha)
is in other ownership. This unit is
occupied by western yellow-billed
cuckoos during the breeding season and
represents the northern limit of the
species’ currently known breeding
range. 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
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identified in our conservation strategy
for designating critical habitat for the
western yellow-billed cuckoo. The unit
contains all the physical or biological
features essential to the conservation of
the species and was occupied at the
time of listing and is still considered
occupied. Inclusion of this unit
contributes to the proposed critical
habitat designation representing the full
breeding range of the DPS. New
comments by the American Bird
Conservancy during the previous
comment period, along with survey and
habitat information previously
submitted by the BLM and Idaho
Department of Fish and Game, show
western yellow-billed cuckoos in the
expanded area. In response to the
comments and new information
received, we are amending the
previously proposed boundaries of this
unit to incorporate additional habitat
upstream to approximately 1.6 km (1
mi) downstream of the town of St.
Anthony, Fremont County, Idaho.
Portions of this unit were removed
based on our reevaluation of the habitat.
Unit 68: CO–1 Colorado River; Mesa
County, Colorado
Revised proposed critical habitat unit
CO–1 is 4,002 ac (1,620 ha) in extent
and is a 25-mi (40-km)-long continuous
segment of the Colorado River in the
vicinity of Grand Junction in Mesa
County, Colorado. Approximately 32 ac
(13 ha) is in Federal ownership; 417 ac
(169 ha) is in State ownership; and
3,553 ac (1,438 ha) is in other
ownership. 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 Colorado River Wildlife
Management Area managed by the U.S.
Fish and Wildlife Service holds
conservation easements on several
private parcels in this unit. This unit is
part of the area outside the Southwest
portion of the DPS that provides
breeding habitat for the western yellowbilled cuckoo that is in a different
ecological setting as identified in our
conservation strategy for designating
critical habitat for the western yellowbilled cuckoo. This unit has been
occupied by western yellow-billed
cuckoos. The site also provides a
migration stopover habitat for western
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yellow-billed cuckoos moving farther
north.
Unit 69: CO–2 North Fork Gunnison
River; Delta County, Colorado
Revised proposed critical habitat unit
CO–2 is 2,326 ac (941 ha) in extent and
is a 16-mi (26-km)-long continuous
segment of the North Fork of the
Gunnison River between Hotchkiss and
Paeonia in Delta County, Colorado.
Approximately 115 ac (47 ha) is in
Federal ownership, and 2,211 ac (895
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. This unit 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. 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 migratory stopover habitat
for western yellow-billed cuckoos
moving farther north.
Unit 70: UT–1 Green River 1; Uintah
and Duchesne Counties, Utah
Revised proposed critical habitat unit
UT–1 is 28,381 ac (11,486 ha) in extent
and is made up of segments totaling 52
mi (83 km) of the Green River and
Duchesne Rivers in the vicinity of
Ouray in Uintah County, Utah.
Approximately 4,657 ac (1,885 ha) is in
Federal ownership; 4,411 ac (1,785 ha)
is in State ownership; 14,611 ac (5,913
ha) is in Tribal ownership; and 4,702 ac
(1,903 ha) is in other ownership. This
unit has consistently had 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 movement corridor for
western yellow-billed cuckoos moving
farther north.
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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 area suitable as
western yellow-billed cuckoo breeding
habitat and connected areas of riparian
vegetation that are suitable as foraging
habitat. Recent surveys in this area
revealed multiple western yellow-billed
cuckoo detections.
Unit 71: UT–2 Green River 2; Emery and
Grand Counties, Utah
Revised proposed critical habitat Unit
UT–2 is 1,135 ac (459 ha) in extent and
is an 8-mi (13-km)-long continuous
segment of the Green River north of the
town of Green River in Emery and
Grand Counties, Utah. Approximately
40 ac (17 ha) is in Federal ownership;
632 ac (256 ha) is in State ownership;
and 462 ac (187 ha) is in other
ownership. Recent surveys have shown
that this unit has a number of western
yellow-billed cuckoos during the
breeding season (Utah Division of
Wildlife Resources (UDWR) 2012,
entire; UDWR 2013, entire; UDWR 2014,
entire). 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 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
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. The recent surveys identified
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above in this area revealed multiple
western yellow-billed cuckoo
detections.
Unit 72: TX–1 Terlingua Creek and Rio
Grande; Brewster County, Texas
Revised proposed critical habitat unit
TX–1 is 7,913 ac (3,202 ha) in extent
and is a 45-mi (72-km)-long continuous
segment from lower Terlingua Creek to
the Rio Grande in Brewster County,
Texas. Approximately 7,792 ac (3,153
ha) is in Federal ownership, and 121 ac
(49 ha) is in other ownership. Because
this unit is along the border between
United States and Mexico, we
delineated the southern edge of the unit
using the State of Texas boundary. Per
our implementing regulations at 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,
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11499
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
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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
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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 yellowbilled 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,
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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,
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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.
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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
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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
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11501
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
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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
Unit
1
2
3
4
7
9
10
11
12
13
16
17
19
22
23
24
27
28
31
33
35
36
37
39
39
40
41
43
46
50
53
57
58
59
64
65
68
70
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Total
Area considered for
possible exclusion in
acres
(ha)
CA/AZ–1
CA/AZ–2
AZ–1
AZ–2
AZ–5
AZ–7
AZ–8
AZ–9A
AZ–10
AZ–11
AZ–14
AZ–15
AZ–17
AZ–20
AZ–21
AZ–22
AZ–25
AZ–26
AZ–29
NM–2
NM–4
NM–5
NM–6AB
NM–8A
NM–8B
NM–9
NM–10
AZ–31
AZ–34
AZ–38
AZ–41
AZ–45
AZ–46
AZ–47
CA–2
ID–1
CO–1
UT–1
Colorado River 1 ................................................................
Colorado River 2 ................................................................
Bill Williams River ..............................................................
Alamo Lake ........................................................................
Upper Verde River .............................................................
Beaver Creek .....................................................................
L. Verde R./West Clear Ck ................................................
Horseshoe Dam .................................................................
Tonto Creek .......................................................................
Pinal Creek ........................................................................
Upper San Pedro River .....................................................
Lower San Pedro/Gila R ....................................................
Upper Cienega Creek ........................................................
Gila River 1 ........................................................................
Salt River ...........................................................................
Lower Cienega Creek ........................................................
Aravaipa Creek ..................................................................
Gila River 2 ........................................................................
Big Sandy ...........................................................................
Gila River ...........................................................................
Upper Rio Grande 1 ..........................................................
Upper Rio Grande 2 ..........................................................
Middle Rio Grande .............................................................
Caballo Delta North ...........................................................
Caballo Delta South ...........................................................
Animas ...............................................................................
Selden Cyn./Radium Sprs .................................................
Florida Wash ......................................................................
Madera Canyon .................................................................
Arivaca Lake ......................................................................
Box Canyon .......................................................................
Barrel Canyon ....................................................................
Gardner Canyon ................................................................
Brown Canyon ...................................................................
South Fork Kern R. Valley .................................................
Snake River 1 ....................................................................
Colorado River ...................................................................
Green River 1 ....................................................................
82,138 (33,240)
23,589 (9,546)
3,389 (1,371)
2,794 (1,131)
6,047 (2,447)
2,082 (842)
2,178 (882)
2,743 (1,110)
3,669 (1,485)
419 (169)
31,060 (12,569)
23,400 (9,470)
5,204 (2,106)
20,724 (8,387)
2,590 (1,048)
2,360 (955)
3,329 (1,347)
8,588 (3,475)
20,179 (8,166)
4,177 (1,690)
1,830 (741)
1,173 (475)
68,581 (27,754)
190 (77)
155 (63)
608 (246)
237 (96)
747 (302)
1,732 (701)
1,365 (553)
536 (217)
920 (372)
5,081 (2,056)
1,113 (451)
2,640 (1,068)
9,655 (3,907)
4,002 (1,620)
28,381 (11,486)
55,061 (22,292)
20,025 (8,107)
2,640 (1,069)
1,840 (745)
491 (199)
1 (<1)
42 (17)
626 (253)
3,155 (1,277)
390 (158)
89 (36)
1,757 (711)
264 (107)
10,183 (4,123)
2,469 (1,000)
2,360 (955)
392 (159)
1,434 (580)
721 (292
3,002 (1,215)
1,313 (531)
1,173 (475)
17,096 (6,922)
190 (77)
155 (63)
608 (246)
237 (96)
279 (113)
416 (168)
380 (154)
221 (89)
170 (69)
438 (177)
259 (105)
167 (67)
3,219 (1,303)
417 (169)
6,848 (2,771)
........................
............................................................................................
........................................
145,710 (58,968)
We specifically solicit comments on
the inclusion or exclusion of these
areas. In the paragraphs below, we
provide brief descriptions of the lands
under consideration for exclusion under
section 4(b)(2) of the Act. We have also
added an addendum to our incremental
effects memorandum that lays out in
table form the Service’s policy
considerations under section 4(b)(2) of
the Endangered Species Act: Land
Ownership/Management and Potential
Economic Impacts for Proposed Western
Yellow-billed Cuckoo Critical Habitat.
This addendum was developed
following the finalization of the
incremental effects memorandum, and
the information in the incremental
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Area meeting the
definition of critical
habitat, in acres
(ha)
Specific area
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effects memorandum was used to
inform the policy considerations. We
also solicit comments on any potential
economic exclusions (see Information
Requested).
Consideration of Exclusion of State
Lands and Lands With Conservation
Easements
In response to specific comments we
have already received from the States
where we are proposing critical habitat,
we are requesting further information on
potential exclusions for State-managed
or privately managed lands including,
but not limited to, State Wildlife Areas,
State Habitat Areas, State Parks, and
State or other lands (of various
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ownership) with permanent
conservation easements. Table 4 lists
examples of certain areas that may be
appropriate for exclusion from critical
habitat designation. For these and other
areas being considered for exclusion,
and as further discussed above, we are
soliciting further information on where
these properties are located, and how
the western yellow-billed cuckoo or the
riparian habitats they use are managed
and protected at these areas. Without
this information, we cannot weigh the
benefits of a potential exclusion in
comparison to inclusion. Table 4 is not
exhaustive, and other areas within the
revised proposed critical habitat not
identified may be considered for
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exclusion and potentially excluded in
the final designation. We invite public
comments and request submission of
supporting materials necessary to
11503
inform our evaluation of these potential
exclusions.
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TABLE 4—EXAMPLES OF AREAS WITH LAND USE DESIGNATIONS THAT MAY BE CONSIDERED FOR EXCLUSION FROM
CRITICAL HABITAT DESIGNATION
Critical habitat
unit
Name of unit
Site type
4 ......................
7 ......................
64 ....................
64 ....................
68 ....................
68 ....................
68 ....................
69 ....................
AZ–2 Alamo Lake ...................................
AZ–5 Upper Verde River ........................
CA–2 South Fork Kern River ..................
CA–2 South Fork Kern River ..................
CO–1 Colorado River .............................
CO–1 Colorado River .............................
CO–1 Colorado River .............................
CO–2 North Fork of the Gunnison River.
State Wildlife Area (SWA) ......................
SWA ........................................................
Cons. Easement (CE) .............................
CE ...........................................................
SWA ........................................................
Wildlife Management Area (WMA) .........
State Park (SP) .......................................
CE ...........................................................
Impacts on National Security and
Homeland Security
Section 4(a)(3)(B)(i) of the Act may
not cover all DoD lands or areas that
pose potential national-security
concerns (e.g., a DoD installation that is
in the process of revising its INRMP for
a newly listed species or a species
previously not covered). If a particular
area is not covered under section
4(a)(3)(B)(i), national-security or
homeland-security concerns are not a
factor in the process of determining
what areas meet the definition of
‘‘critical habitat’’ pursuant to that
section of the law. Nevertheless, when
designating critical habitat under
section 4(b)(2), the Service must
consider impacts on national security,
including homeland security, on lands
or areas not covered by section
4(a)(3)(B)(i). Accordingly, we will
always consider for exclusion from the
designation areas for which DoD,
Department of Homeland Security
(DHS), or another Federal agency has
requested exclusion based on an
assertion of national-security or
homeland-security concerns.
We cannot, however, automatically
exclude requested areas. When DoD,
DHS, or another Federal agency requests
exclusion from critical habitat on the
basis of national-security or homelandsecurity impacts, it must provide a
reasonably specific justification of an
incremental impact on national security
that would result from the designation
of that specific area as critical habitat.
That justification could include
demonstration of probable impacts,
such as impacts to ongoing bordersecurity patrols and surveillance
activities, or a delay in training or
facility construction, as a result of
compliance with section 7(a)(2) of the
Act. If the agency requesting the
exclusion does not provide us with a
reasonably specific justification, we will
contact the agency to recommend that it
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provide a specific justification or
clarification of its concerns relative to
the probable incremental impact that
could result from the designation. If the
agency provides a reasonably specific
justification, we will defer to the expert
judgment of DoD, DHS, or another
Federal agency as to: (1) Whether
activities on its lands or waters, or its
activities on other lands or waters, have
national-security or homeland-security
implications; (2) the importance of those
implications; and (3) the degree to
which the cited implications would be
adversely affected in the absence of an
exclusion. In that circumstance, in
conducting a discretionary 4(b)(2)
exclusion analysis, we will give great
weight to national-security and
homeland-security concerns in
analyzing the benefits of exclusion.
Under section 4(b)(2) of the Act, we
consider whether there are lands owned
or managed by the DoD where a
national-security impact might exist. We
received comments from the
Department of the Army and
Department of the Air Force regarding
excluding areas based on national
security or other military operations.
The comments were from the Yuma
Proving Grounds (Department of the
Army 2014, entire), Luke Air Force Base
(Department of the Air Force 2014,
entire) concerning restricted airspace
above proposed critical habitat;
however, the actions described by the
two installations do not impact habitat
for the western yellow-billed cuckoo
and would not require consideration of
adverse modification of the critical
habitat. We do not believe that Army
operations will be disrupted as a result
of designation of critical habitat and
have issued a biological opinion to that
effect. We will have further discussions
with the Army to evaluate whether
these areas should be excluded from the
final designation based on national
security.
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Potential exclusion area
Alamo Wildlife Area.
Upper Verde River SWA.
Hafenfeld Ranch.
Sprague Ranch.
Walker SWA.
Colorado River WMA.
James M. Robb—Colorado River SP.
Town of Hotchkiss Riparian Park.
We also received comments from the
U.S. Army installation at Fort Huachuca
requesting that areas outside the
installation in Unit 26 (AZ–18) that
includes the San Pedro Riparian
National Conservation Area (SPRNCA)
be excluded from the final designation.
Our evaluation of this request is
outlined below.
Upper San Pedro River (Unit 26 AZ–
18). The area within Unit 26 being
requested for exclusion is part of the
SPRNCA and is managed by the BLM
and composed of Federal, State, and
private lands and not owned by the DoD
or part of the lands managed under the
Army’s INRMP. The Army’s rationale
for the exclusion was that any
additional restrictions to ground water
pumping and water usage could affect
their ability to increase staffing when
needed, or carry out missions critical to
national security. The Army also stated
that designation of lands within the
SPRNCA would increase its regulatory
burden and disrupt its operations
related to national security. The Army
pointed to its continued land
stewardship actions and its commitment
to protecting natural resources on the
base.
As stated above, the lands within Unit
26 (AZ–18) are primarily owned and
managed by BLM. An exemption under
section 4(a)(3)(a) does not apply because
area is not subject to their INRMP. In
addition, in the Fort Huachuca
November 2013 Revised Biological
Assessment (BA) (U.S. Department of
the Army 2013, pp. 189–190) on its
operations, it states that ‘‘Fortattributable groundwater use is unlikely
to affect the yellow-billed cuckoo or its
habitat where the species is known to
occur in the SPRNCA, Babocomari
Cienega, or the lower San Pedro River
. . . .’’ The BA concludes there will be
no effect on western yellow-billed
cuckoo or its habitat from Fort
Huachuca’s operational actions or
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ground water pumping. In the
subsequent 2014 biological opinion
under section 7 of the Act, we issued a
not likely to adversely affect (NLAA) or
adversely modify critical habitat
determination for the Army’s
operational activities and ground water
pumping as they related to the SPRNCA
and the western yellow-billed cuckoo
(Service 2014, pp. 300–306). Given that
the Fort’s ground water use has been
determined to not adversely affect
western yellow-billed cuckoos or their
habitat, we are not considering the area
for exclusion at this time. Should the
Army present additional information as
to why the area warrants exclusion, we
may consider their request in our final
designation.
Lastly, we received a request from the
U.S. Customs and Border Protection
(CBP) (Department of Homeland
Security) that proposed critical habitat
along the U.S./Mexico border along
California, Arizona, and Texas be
considered for exclusion under section
4(b)(2) of the Act for national security
reasons. The CBP was particularly
concerned with Unit 7 (CA/AZ–1), Unit
26 (AZ–18) (south of Arizona Highway
92), Unit 31 (AZ–23), Unit 32 (AZ–24),
and Unit 35 (AZ–27). However with the
revision to the original proposal, we
assume the CBP would request all areas
along the California, Arizona, New
Mexico, and Texas border be evaluated
for exclusion. Our evaluation of this
request is outlined below.
United States/Mexico Border;
Colorado River 1 (Unit 7 CA/AZ–1),
Upper San Pedro River (Unit 26 AZ–18),
Unit 31 (AZ–23) Arivaca Wash and San
Luis Wash, Unit 32 (AZ–24) Sonoita
Creek, Santa Cruz River (Unit 34 AZ–
26), Black Draw (Unit 35 AZ–27), Arroyo
Caballo, Rio Grande (Unit 79 TX–1),
Terlingua Creek and Rio Grande (Unit
80 TX–2) California Gulch (Unit 91 AZ–
40), Sycamore Canyon (Unit 92 AZ–41),
Pena Blanca Canyon (Unit 100 AZ–49),
Washington Gulch (Unit 120 AZ–68),
San Rafael Valley (Unit 113, AZ–62),
and Guadalupe Canyon (Unit 118 AZ–
72). As stated above, we received a
request from the CBP that proposed
critical habitat along the border in
California, Arizona, and Texas be
considered for exclusion under section
4(b)(2) of the Act. CBP stated they have
concerns that the designation could
have significant impacts on their ability
to carry out CBP’s national- and bordersecurity missions along the U.S./Mexico
international border. In these areas, CBP
conducts clearing and management of
riparian vegetation to maintain
unobstructed lines of sight in the border
areas to facilitate identification and
location of illegal cross-border activities
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and to maintain the safety of CBP
officers and agents who could be targets
of cross-border violators hidden in
unmanaged vegetation. The exact extent
of area that is being considered for
exclusion has not yet been identified,
since it would depend on where areas
of interest to the CBP are located and if
such areas are requested. However, in
general, we would expect the areas to be
no more than 0.25 mi (0.4 km) from the
border. We will be meeting with CBP
staff to discuss their activities and make
a final determination on potential
exclusion in our final designation of
critical habitat.
Exclusions Based on Other Relevant
Impacts
Under section 4(b)(2) of the Act, we
consider any other relevant impacts, in
addition to economic impacts and
impacts on national security. We
consider a number of factors including
whether there are permitted
conservation plans covering the species
in the area such as habitat conservation
plans (HCPs), safe harbor agreements, or
candidate conservation agreements with
assurances, or whether there are
nonpermitted conservation agreements
and partnerships that would be
encouraged by designation of, or
exclusion from, critical habitat. In
addition, we look at the existence of
Tribal conservation plans and
partnerships and consider the
government-to-government relationship
of the United States with Tribal entities.
We also consider any social impacts that
might occur because of the designation.
Based on the information provided by
entities seeking exclusion, as well as
any additional public comments
received, we will evaluate whether
certain lands in the proposed critical
habitat presented in 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.
We believe that the following HCPs
and other plans, partnerships, and
agreements may fulfill the above
criteria, and will consider the exclusion
of these Federal, Tribal, and nonFederal lands covered by these plans
that provide for the conservation of the
western yellow-billed cuckoo. We are
requesting comments on the benefits to
the western yellow-billed cuckoo from
these HCPs, plans, partnerships, and
agreements. However, at this time, we
are not proposing the exclusion of any
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areas in this revised proposed critical
habitat designation for the western
yellow-billed cuckoo. We specifically
solicit comments on the inclusion or
exclusion of such areas and request any
information on any other potential
exclusions. We may consider other areas
for exclusion based on public comment
and information we receive and on our
further review of the revised proposed
designation and its potential impacts.
Some of the following information on
HCPs, plans, partnerships, and
agreements was obtained from the
August 15, 2011, proposed designation
of revised critical habitat for the
southwestern willow flycatcher (76 FR
50542). The areas used by the
southwestern willow flycatcher and
western yellow-billed cuckoo overlap in
several areas in the southwestern United
States, and management actions for the
southwestern willow flycatcher often
benefit the western yellow-billed
cuckoo. These various plans describe
beneficial actions for the southwestern
willow flycatcher within the same area
that we are proposing to designate as
western yellow-billed cuckoo critical
habitat. We will consider whether these
beneficial actions for the southwestern
willow flycatcher are appropriate to
include in any consideration of
excluding a given proposed western
yellow-billed cuckoo unit from final
western yellow-billed cuckoo critical
habitat designation under section 4(b)(2)
of the Act.
Below we present details on the areas
being considered for exclusion within
each State. Please see the Service’s
policy regarding implementation of
section 4(b)(2) of the Act (81 FR 7226;
February 11, 2016) for a description of
the categories under which the areas
considered for exclusion are grouped
below.
California
Federal Lands
South Fork Kern River Valley (Unit 64
CA–2) Sprague Ranch Conservation
Easement. Sprague Ranch is an
approximately 2,479-ac (1,003-ha)
parcel, which includes approximately
395 ha (975 ac) of floodplain habitat
located along the South Fork of the Kern
River in Kern County, California.
Sprague Ranch was purchased by the
U.S. Army Corps of Engineers (USACE)
as a result of biological opinions for the
long-term operation of Lake Isabella
Dam and Reservoir (Service 1996 File
Nos. 1–1–96–F–27; 1–1–99–F–216; and
1–1–05–F–0067), specifically to provide
habitat and conservation for the
southwestern willow flycatcher. Many
of the actions may also benefit the
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western yellow-billed cuckoo. During
the periods of time southwestern willow
flycatcher habitat is not available at
Lake Isabella Reservoir as a result of
short-term inundation from Isabella
Dam operations, Sprague Ranch is
expected to provide habitat for the
southwestern willow flycatcher. The
USACE, National Audubon Society
(Audubon), and California Department
of Fish and Wildlife (CDFW) (formerly
California Department of Fish and
Game) have a joint management
agreement for this property, which is
important southwestern willow
flycatcher habitat. Sprague Ranch is
located immediately north and adjacent
to the Kern River Preserve (KRP), which
is owned and operated by Audubon,
and shares a common border with the
KRP of more than 3 mi (4.8 km).
Sprague Ranch contains existing
riparian forest that can support and
maintain nesting territories and
migrating and dispersing southwestern
willow flycatchers. Other portions of the
ranch are believed to require restoration
and management in order to become
nesting southwestern willow flycatcher
habitat. Activities such as nonnative
vegetation control and native tree
plantings are other management
activities expected to occur. Sprague
Ranch is currently being managed in
accordance with the terms and
conditions of the biological opinions
specifically for the southwestern willow
flycatcher.
Based on the anticipated benefits to
the western yellow-billed cuckoo that
would derive from the actions to benefit
the southwestern willow flycatcher, we
will consider excluding approximately
40 ac (16 ha) in Unit 64 along the South
Fork Kern River on Sprague Ranch from
final western yellow-billed cuckoo
critical habitat designation under
section 4(b)(2) of the Act.
Private or Other Non-Federal
Conservation Plans or Agreements and
Partnerships, in General
South Fork Kern River Valley (Unit 64
CA–2) Hafenfeld Ranch Conservation
Easement. The Hafenfeld Ranch owns
and manages a segment (127 ac (51 ha))
of proposed western yellow-billed
cuckoo critical habitat along the South
Fork Kern River within the Kern River
Management Unit in Kern County,
California. The Hafenfeld Ranch has
developed a conservation easement and
plan with the Natural Resources
Conservation Service that provides
management and protections for
southwestern willow flycatcher habitat.
We are evaluating whether these actions
also provide benefit for the western
yellow-billed cuckoo. The Hafenfeld
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parcel completes a continuous corridor
of willow-cottonwood riparian habitat
along the South Fork Kern River that
connects the east and west segments of
the Audubon Society’s Kern River
Preserve. The conservation easement
and plan establishes that these lands are
managed for the benefit of the
southwestern willow flycatcher by
restoring, improving, and protecting its
habitat. Management activities include:
(1) Limiting public access to the site, (2)
winter-only grazing practices (outside of
the southwestern willow flycatcher
nesting season), (3) protection of the site
from development or encroachment, (4)
maintenance of the site as permanent
open space that has been left
predominantly in its natural vegetative
state, and (5) spreading of flood waters
to promote the moisture regime and
wetland and riparian vegetation for the
conservation of the southwestern
willow flycatcher. Prohibitions of the
easement that would benefit the
conservation of the southwestern
willow flycatcher include: (1) Haying,
mowing, or seed harvesting; (2) altering
the grassland, woodland, wildlife
habitat, or other natural features; (3)
dumping refuse, wastes, sewage, or
other debris; (4) harvesting wood
products; (5) draining, dredging,
channeling, filling, leveling, pumping,
diking, or impounding water features or
altering the existing surface water
drainage or flows naturally occurring
within the easement area; and (6)
building or placing structures on the
easement.
Based on the actions to benefit the
southwestern willow flycatcher, we will
consider excluding the Hafenfeld Ranch
lands within Unit 64 (127 ac (51 ha))
from final western yellow-billed cuckoo
critical habitat designation under
section 4(b)(2) of the Act.
Arizona
Tribal Lands Along the Colorado River
On the Colorado River along the
California/Arizona border several Native
American Tribes own lands within
Units 1 (CA/AZ–1) and 2 (CA/AZ–2).
We are considering excluding all Tribal
lands from these two units. The total
amount of area considered in the
exclusion totals approximately 55,061
ac (22,292 ha) from Unit 1 and 20,025
ac (8.107 ha) from Unit 2. Information
regarding Tribal management of these
areas is described below.
Colorado River Indian Reservation
(Unit 1, CA/AZ–1). The Colorado River
Indian Tribal lands contain a proposed
Colorado River segment of western
yellow-billed cuckoo critical habitat in
La Paz County, Arizona. The Colorado
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River Indian Tribes (CRIT) have
finalized a southwestern willow
flycatcher management plan (SWFMP)
compatible with western yellow-billed
cuckoo management (CRIT 2005, pp. 1–
48). The CRIT’s SWFMP describes a
commitment to conduct a variety of
habitat management actions. The
SWFMP also identifies the assessment,
identification, and protection of
southwestern willow flycatcher
migration habitat (CRIT 2005, pp. 1–48).
The SWFMP identifies protecting
breeding habitat with the Ahakhav
Tribal Preserve and in any areas
established for southwestern willow
flycatchers with the Lower Colorado
River Multi-Species Conservation
Program (LCR MSCP). Seasonal closures
of occupied southwestern willow
flycatcher habitat during the breeding
season may be necessary and
established by the Colorado River
Indian Tribes. Protection of habitat from
fire is established in the SWFMP, as
well as protections from other possible
stressors such as overgrazing, recreation,
and development (CRIT 2005, pp. 1–48).
The Colorado River Indian Tribes may
also work in conjunction with the LCR
MSCP on additional riparian
management. We received comments
from the CRIT following our proposed
rule, and those comments will be fully
considered in the final designation. We
will consider excluding the Colorado
River Indian Tribal land from the final
designation of western yellow-billed
cuckoo critical habitat under section
4(b)(2) of the Act.
Fort Yuma Indian Reservation (Unit 1,
CA/AZ–1). The Quechan Tribal lands
contain a proposed Colorado River
segment of western yellow-billed
cuckoo critical habitat near the City of
Yuma in Yuma County, Arizona. The
Quechan Tribe has completed an
SWFMP that is compatible with western
yellow-billed cuckoo management
(Quechan Indian Tribe 2005, pp. 1–30).
The Quechan Tribe’s SWFMP describes
a commitment to conduct a variety of
habitat management actions. The Tribe
will manage riparian tamarisk that is
intermixed with cottonwood, willow,
mesquite, and arrow weed to maximize
potential value for nesting southwestern
willow flycatchers (Quechan Indian
Tribe 2005, pp. 1–30). Any permanent
land use changes for recreation or other
reasons will consider and support
southwestern willow flycatcher needs,
as long as those needs are consistent
with Tribal cultural and economic
needs. The Tribe will consult with the
Service to develop and design plans that
minimize impacts to southwestern
willow flycatcher habitat. The Tribe will
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establish collaborative relationships
with the Service to benefit the
southwestern willow flycatcher,
including monitoring for southwestern
willow flycatcher presence and habitat
condition, within the constraints of
funds available to the Tribe. This action
is anticipated to provide benefits to the
western yellow-billed cuckoo. The
Quechan Tribe may also work in
conjunction with the LCR MSCP on
additional riparian management. We
will consider excluding the Quechan
Tribal land from the final designation of
western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
Cocopah Tribe of Arizona (Unit 1,
CA/AZ–1). The Cocopah Tribal lands,
located 13 mi (21 km) south of Yuma,
in Yuma County, Arizona, contain
proposed western yellow-billed cuckoo
critical habitat along the lower Colorado
River. We provided comments on a draft
management plan provided by the
Cocopah Tribe following our proposed
critical habitat rule, and we will
continue to work with the Cocopah
Tribe on revisions compatible with
western yellow-billed cuckoo
management. The Cocopah Tribe may
also work in conjunction with the LCR
MSCP on additional riparian
management. We will consider
excluding the Cocopah Tribe of Arizona
land from the final designation of
western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
Based on these conservation plans, we
will consider excluding the Cocopah
Tribal lands in Units 1 and 2.
Fort Mojave Indian Tribe (Unit 2, CA/
AZ–2). Fort Mojave Indian Tribal lands
contain a proposed segment of western
yellow-billed cuckoo critical habitat at
Lake Havasu in Mohave County,
Arizona. The Fort Mojave Tribe has
finalized an SWFMP, compatible with
western yellow-billed cuckoo
management (Fort Mojave Indian Tribe
2005, pp. 1–24). The Fort Mojave Tribe’s
SWFMP describes that, within the
Tribe’s budgetary constraints, they
commit to management that will sustain
the current value of tamarisk, willow,
and cottonwood vegetation that meets
moist soil conditions necessary to
maintain southwestern willow
flycatcher habitat; monitoring to
determine southwestern willow
flycatcher presence and vegetation
status in cooperation with the Service;
and wildfire response and law
enforcement to protect suitable habitats.
The Fort Mojave Indian Tribe may also
work in conjunction with the LCR
MSCP on additional riparian
management (Fort Mojave Indian Tribe
2005, pp. 1–24). We will consider
excluding the Fort Mojave Indian Tribal
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lands on the Colorado River from the
final designation of western yellowbilled cuckoo critical habitat under
section 4(b)(2) of the Act.
Other Tribal Lands in Arizona
Yavapai-Apache Nation (Unit 7: AZ–
5, Upper Verde River; Unit 9: AZ–7,
Beaver Creek; and Unit 10: AZ–8, Lower
Verde River and West Clear Creek). The
Yavapai-Apache Nation contains Verde
River segments of proposed western
yellow-billed cuckoo critical habitat in
Yavapai County, Arizona. The small
parcels are located near Clarkdale,
Camp Verde, Middle Verde, Rimrock,
and the I–17 interchange for Montezuma
Castle National Monument (YavapaiApache Nation 2005, p. 6). The YavapaiApache Nation has completed an
SWFMP that is compatible with western
yellow-billed cuckoo management
(Yavapai-Apache Nation 2005, pp. 1–
15). The Yavapai-Apache Nation’s
SWFMP addresses and presents
assurances for southwestern willow
flycatcher habitat conservation. The
Yavapai-Apache Nation will, through
zoning, Tribal ordinances and code
requirements, and measures identified
in the southwestern willow flycatcher
recovery plan, take all practicable steps
to protect known southwestern willow
flycatcher habitat located along the
Verde River (Yavapai-Apache Nation
2005, p. 14). The Yavapai-Apache
Nation will take all reasonable measures
to assure that no net habitat loss or
permanent modification of
southwestern willow flycatcher habitat
will result from recreational and road
construction activities, or habitat
restoration activities, and will take all
reasonable steps to coordinate with the
Service so that southwestern willow
flycatcher habitat is protected. Within
funding limitations and under
confidentiality guidelines established by
the Yavapai-Apache Nation, they will
cooperate with the Service to monitor
and survey habitat for breeding and
migrating southwestern willow
flycatchers, conduct research, and
perform habitat restoration, or other
beneficial southwestern willow
flycatcher management activities.
Because southwestern willow
flycatchers and western yellow-billed
cuckoos rely on similar riparian habitat,
most of the mitigation measures serve
both species. We received comments
from the Yavapai-Apache Nation
following our proposed critical habitat
rule and have incorporated those
comments in this revision. We will
consider excluding the Verde River
segments totaling 534 ac (216 ha) within
the Yavapai-Apache Nation from the
final designation of western yellow-
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billed cuckoo critical habitat under
section 4(b)(2) of the Act.
San Carlos Reservation (Unit 17: AZ–
15, Lower San Pedro River and Gila
River; Unit 22: AZ–20, Gila River 1; Unit
27: AZ–25, Aravaipa Creek; and Unit
28: AZ–26, Gila River 2). The San Carlos
Apache Tribal lands contain proposed
western yellow-billed cuckoo critical
habitat within the conservation space of
San Carlos Lake and the Gila River
upstream from San Carlos Lake, in Gila
County, Arizona. The San Carlos
Apache Tribe has finalized an SWFMP
that is compatible with western yellowbilled cuckoo management (San Carlos
Apache Tribe 2005, pp. 1–65).
Implementation of the San Carlos
Apache Tribe’s SWFMP will protect all
known southwestern willow flycatcher
habitat on San Carlos Tribal Land and
assure no net habitat loss or permanent
modification will result (San Carlos
Apache Tribe 2005, p. 36). All habitat
restoration activities (whether to
rehabilitate or restore native plants) will
be conducted under reasonable
coordination with the Service. All
reasonable measures will be taken to
ensure that recreational activities do not
result in a net habitat loss or permanent
modification. All reasonable measures
will be taken to conduct livestock
grazing activities under the guidelines
established in the recovery plan for the
southwestern willow flycatcher. Within
funding limitations and under
confidentiality guidelines established by
the Tribe, the Tribe will cooperate with
the Service to monitor and survey
habitat for breeding and migrating
southwestern willow flycatchers,
conduct research, and perform habitat
restoration, or other beneficial
southwestern willow flycatcher
management activities (San Carlos
Apache Tribe 2005, pp. 35–36, 45–46).
Because southwestern willow
flycatchers and western yellow-billed
cuckoos rely on similar riparian habitat,
most of the mitigation measures serve
both species. We received comments
from the San Carlos Apache Tribe
following our 2014 proposed critical
habitat rule, and those comments and
new comments will be fully considered
in the final designation. We will
consider excluding 13,766 ac (5,571 ha)
of San Carlos Apache Tribal land from
the final designation of western yellowbilled cuckoo critical habitat under
section 4(b)(2) of the Act.
Hualapai Indian Tribe (Unit 31: AZ–
29, Big Sandy River). The Hualapai
Indian Tribe owns land within the
proposed western yellow-billed cuckoo
critical habitat along the Big Sandy
River, in Mohave County, Arizona. The
Hualapai Tribe has finalized a
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management plan for the southwestern
willow flycatcher that was adopted by
the Hualapai Tribal Council (Hualapai
Tribe 2004, entire).
The objectives of the Hualapai Tribe’s
management plan are to manage
riparian vegetation to: (1) Maximize
continued presence of native plant
species suitable for use by flycatchers;
(2) ensure that existing land uses (which
presently include recreational activities)
will not result in net loss or reduction
in quality of habitat; and (3) continue
their Department of Natural Resources
partnership in the management of the
lower Colorado River region, including
those associated with the LCR MSCP
(Hualapai Tribe 2004, pp. 17–18).
Because southwestern willow
flycatchers and western yellow-billed
cuckoos rely on similar riparian habitat,
most of the conservation measures
identified in the plan serve both species.
We will consider excluding the
Hualapai Tribal lands within Unit 31:
AZ–29, Big Sandy River, totaling
approximately 242 ac (98 ha) from the
final designation of critical habitat for
the western yellow-billed cuckoo under
section 4(b)(2) of the Act.
Private or Other Non-Federal
Conservation Plans Related to Permits
Under Section 10 of the Act
Colorado River; Bill Williams River
(Unit 1: CA/AZ–1; Unit 2: CA/AZ–2; and
Unit 3: AZ–1). Lower Colorado River
Multi-Species Conservation Plan (LCR
MSCP). The Lower Colorado River
Multi-Species Conservation Program
(2004, pp. 1–506) was developed for
areas along the lower Colorado River
along the borders of Arizona, California,
and Nevada from the conservation space
of Lake Mead to Mexico, in the Counties
of La Paz, Mohave, and Yuma in
Arizona; Imperial, Riverside, and San
Bernardino Counties in California; and
Clark County in Nevada. The LCR MSCP
primarily covers activities associated
with water storage, delivery, diversion,
and hydroelectric production. The
record of decision was signed by the
Secretary of the Interior on April 2,
2005. Discussions began on the
development of this HCP in 1994, but an
important catalyst was a 1997 jeopardy
biological opinion for the southwestern
willow flycatcher issued to the Bureau
of Reclamation for lower Colorado River
operations. The Federal agencies
involved in the LCR MSCP include
Reclamation, Bureau of Indian Affairs
(BIA), NPS, BLM, Western Area Power
Administration, and the U.S. Fish and
Wildlife Service.
The LCR MSCP planning area
primarily surrounds proposed western
yellow-billed cuckoo critical habitat
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along the lower Colorado River from
Lake Mead to the southerly
international border. Portions of the
Colorado River, Lake Mead, Virgin
River, and Muddy River in Arizona,
Utah, and Nevada are included where
they surround Lake Mead (including the
conservation space of Lake Mead, which
extends up the Colorado River to
Separation Canyon). Also, a portion of
the Bill Williams River at the Colorado
River confluence at Lake Havasu occurs
within the LCR MSCP planning area.
The LCR MSCP permittees will create
and maintain 4,050 ac (1,639 ha) of
western yellow-billed cuckoo habitat,
reduce the risk of loss of created habitat
to wildfire, replace created habitat
affected by wildfire, and avoid and
minimize operational and management
impacts to western yellow-billed
cuckoos over the 50-year life of the
permit (2005 to 2055) (Lower Colorado
River Multi-Species Conservation
Program 2004, pp. 5–30–5–36, Table 5–
10, 5–58–5–60). Additional research,
management, monitoring, and
protection of western yellow-billed
cuckoos will occur. In addition to
western yellow-billed cuckoo habitat
creation and subsequent management,
the LCR MSCP will provide funds to
ensure existing western yellow-billed
cuckoo habitat is maintained. Western
yellow-billed cuckoo management
associated with the LCR MSCP is
conducted in conjunction with
management occurring on the National
Wildlife Refuges (Bill Williams, Havasu,
Cibola, and Imperial) and Tribal lands
(Hualapai, Fort Mohave, Chemehuevi,
Colorado River, and Quechan Tribes)
along the LCR. Additional rationale for
considering an exclusion within the
geographic area covered by the LCR
MSCP can be found in the final rule
designating critical habitat for the
southwestern willow flycatcher,
published in the Federal Register on
January 3, 2013 (78 FR 410–418). We
will consider excluding all Federal and
non-Federal land that may occur within
the LCR MSCP planning area from the
final designation of western yellowbilled cuckoo critical habitat under
section 4(b)(2) of the Act.
Horseshoe Dam (Unit 11: AZ–9A),
Horseshoe and Bartlett Dam Habitat
Conservation Plan (HCP). In June 2008,
the Service issued an incidental take
permit to the Salt River Project (SRP) for
16 species that inhabit Horseshoe and
Bartlett Reservoirs and the Verde River
above and below the two dams in Gila
and Maricopa Counties (SRP 2008, p. 6).
The western yellow-billed cuckoo and
southwestern willow flycatcher are two
of the covered species in the permit.
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Critical habitat on the Verde River is
proposed within the water storage space
and upstream of Horseshoe Reservoir
and downstream of Bartlett Lake. The
area covered by the permit for the
western yellow-billed cuckoo and
southwestern willow flycatcher
includes Horseshoe Reservoir up to an
elevation of 2,026 ft (618 m) and Bartlett
up to an elevation of 1,748 ft (533 m)
(SRP 2008, p. ES–1). The water storage
space within Horseshoe Reservoir is the
primary area where impacts to the
western yellow-billed cuckoos and
southwestern willow flycatchers are
anticipated to occur through periodic
inundation and drying of habitat (SRP
2008, p. 3).
Water storage and periodic
inundation of western yellow-billed
cuckoo and southwestern willow
flycatcher habitat would likely result in
delayed or lost breeding attempts,
decreased productivity and survivorship
of dispersing adults in search of suitable
breeding habitat, and decreased
productivity of adults that attempt to
breed at Horseshoe Reservoir. The 50year Horseshoe and Bartlett Dam HCP
provides measures to minimize and
mitigate incidental take while allowing
the continued operation of the two
reservoirs (SRP 2011a, p. 5). These goals
will be achieved with the following
measures: (1) Managing water levels in
Horseshoe Reservoir to the extent
practicable to benefit or reduce impacts
to the covered species; and (2) acquiring
and managing southwestern willow
flycatcher and western yellow-billed
cuckoo habitat along rivers in central
Arizona to provide a diversity of
geographic locations with habitat like
Horseshoe Reservoir (SRP 2008, p. ES–
4). Mitigation efforts include operation
of Horseshoe Reservoir to support tall,
dense vegetation at the upper end of the
reservoir and to make riparian habitat
available earlier in the nesting season
(SRP 2011a, p. 5). In addition, after two
successive years without storage above
an elevation of 1,990 ft (607 m),
Horseshoe Reservoir would be filled in
order to saturate the soil and relieve the
drought stress on stands of willow trees
(SRP 2008, pp. 30–31). Filling
Horseshoe after two dry years would
depend on whether adequate water
supply is available, consistency with the
other reservoir operation objectives, and
maintenance of a minimum pool of
50,000 acre-feet in Bartlett to minimize
impacts on recreation at that reservoir
(SRP 2008, p. 31). The need to manage
Horseshoe levels to support stands of
tall dense vegetation would occur about
once every 13 years on average based on
historical runoff patterns.
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While Horseshoe Dam operations may
cause fluctuations in habitat abundance
and quality, reservoir operations also
create a dynamic environment that
fosters the long-term persistence of
habitat. Combined with the normal
cycle of reservoir levels, which serve to
establish and maintain riparian habitat
in and adjacent to the reservoir, the
modified reservoir operations minimize
impacts on southwestern flycatchers
and western yellow-billed cuckoos (SRP
2008, pp. 169–170). The HCP obligates
the SRP to monitor western yellowbilled cuckoos, southwestern willow
flycatchers, and habitat at Horseshoe
Reservoir (SRP 2011a, p. 8) and
mitigation properties. The SRP must
acquire and manage in perpetuity 200 ac
(81 ha) of riparian habitat by fee title or
conservation easements (SRP 2011a, p.
5). The SRP has acquired a conservation
easement for 150 ac (60 ha) and has
acquired an additional 55 ac (22 ha) of
riparian woodland on the Gila River
near Fort Thomas (Unit 22, AZ–20, Gila
River 1) (SRP 2011a, p. 5, SRP 2014,
entire). These lands are part of a 1,250ac (506-ha) continuous stand of riparian
woodlands owned by SRP and
Reclamation under a southwestern
willow flycatcher and western yellowbilled cuckoo SRP conservation
management plan (SRP 2014, entire).
The SRP provides water from
Horseshoe and Bartlett Reservoirs
directly to various beneficiaries of these
storage facilities for irrigation and other
uses (SRP 2008, pp. 11–22). Water from
Horseshoe, Bartlett, and the SRP’s other
reservoirs is provided directly by the
SRP to shareholder lands for irrigation
and other uses, and is delivered to the
cities of Avondale, Chandler, Gilbert,
Glendale, Mesa, Peoria, Phoenix,
Scottsdale, Tempe, and Tolleson for
municipal use on shareholder lands.
Water deliveries are also made under
specific water rights in Horseshoe and
Bartlett Reservoirs held by the City of
Phoenix, Salt River Pima Maricopa
Indian Community, and Fort McDowell
Yavapai Nation. In addition, water is
delivered from the SRP reservoir system
to the cities, Gila River Indian
Community, Buckeye Irrigation
Company, Roosevelt Water
Conservation District, and others in
satisfaction of their independent water
rights. Finally, exchange agreements
between a number of entities and the
SRP pursuant to State and Federal law
are facilitated by stored water from
Horseshoe and Bartlett Reservoirs. We
will consider excluding 626 ac (253 ha)
in and adjacent to the water storage area
of Horseshoe Reservoir from the final
designation of western yellow-billed
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cuckoo critical habitat under section
4(b)(2) of the Act. However, SRP
supports the inclusion of the Gila River
mitigation properties near Fort Thomas
in Unit 22, AZ–20, Gila River 1, as
critical habitat, and these properties are
not being considered for exclusion (SRP
2014, entire).
Roosevelt Lake (Unit 12: AZ–10,
Tonto Creek, and Unit 23: AZ–21, Salt
River). In February 2003, the Service
issued an incidental take permit to the
SRP for four riparian bird species,
including the western yellow-billed
cuckoo and southwestern willow
flycatcher for 50 years (SRP 2011b, p. 1).
The Tonto Creek and the Salt River
confluences with Roosevelt Lake are
proposed as western yellow-billed
cuckoo critical habitat. The activity
covered by the permit is the continued
operation by the SRP of Roosevelt Dam
and Lake in Gila and Maricopa
Counties, Arizona, up to an elevation of
2,151 ft (656 m) (SRP 2002, ES–1). The
HCP specifies the following measures to
minimize and mitigate incidental take of
the four species: Creating and managing
riparian habitat at Roosevelt Lake; and
acquiring and managing riparian habitat
in river basins in central Arizona that
the four target bird species are expected
to occupy (SRP 2002, p. ES–4). The HCP
commits the SRP to acquire 2,250 ac
(911 ha), including acquisition and
management of at least 1,500 ac (607 ha)
of riparian habitat by fee title or
conservation easement offsite on the
San Pedro, Verde, and Gila Rivers and
protection of up to an additional 750 ac
(304 ha). The SRP has exceeded this
obligation, accruing 2,591 ac (1,049 ha)
(SRP 2011b, p. 17) in Unit 7 (AZ–5,
Upper Verde River), Unit 17 (AZ–15,
Lower San Pedro River and Gila Rivers),
and Unit 22 (AZ–20, Gila River 1). The
SRP monitors vegetation at Roosevelt
Lake to ensure that adaptive
management thresholds or permit limits
are not exceeded (SRP 2011b, p. 6).
Because southwestern willow
flycatchers and western yellow-billed
cuckoos rely on similar riparian habitat,
most of the mitigation measures serve
both species.
Western yellow-billed cuckoo and
southwestern willow flycatcher habitat
at Roosevelt Lake varies depending on
how and when the lake recedes as a
result of water in-flow and subsequent
storage capacity and delivery needs.
Even in the expected high-water years,
some southwestern willow flycatcher
and western yellow-billed cuckoo
habitat would persist at Roosevelt Lake.
Measures in the HCP to protect habitat
at Roosevelt Lake include funding a
USFS employee to patrol and improve
protection of southwestern willow
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flycatcher habitat in the Roosevelt
lakebed from adverse activities such as
fire ignition from human neglect,
improper vehicle use, etc. (SRP 2011b,
p. 13). The SRP also developed 20 ac (8
ha) of habitat near Roosevelt Lake at
offsite Rockhouse Demonstration Site to
serve as a potential refugium when
Roosevelt Lake is near capacity (SRP
2011, p. 15). This site is an average of
25 ft (8 m) above ground water and
relies on artificial irrigation. If SRP’s
ability to artificially irrigate the site is
damaged or is discontinued and habitat
is no longer suitable, the HCP provides
an adaptive management alternative
(SRP 2014, entire). The SRP monitors
habitat conditions, southwestern willow
flycatchers, and western yellow-billed
cuckoos at Roosevelt Lake and at offsite
mitigation properties (SRP 2011, pp. 19–
20). We will consider excluding the
water storage area of Roosevelt Lake,
which is the area within the
conservation pool up to the 2,151-ft
(656-m) elevation, including 3,155 ac
(1,277 ha) of Unit AZ–10 and 2,469 ac
(1,000 ha) of Unit AZ–21, from the final
designation of western yellow-billed
cuckoo critical habitat under section
4(b)(2) of the Act. We will also consider
exclusion of the 20-ac (8-ha) Rock
Rockhouse Demonstration Site from the
final designation of western yellowbilled cuckoo critical habitat under
section 4(b)(2) of the Act. However, SRP
supports the inclusion of their Unit 7
(AZ–5, Upper Verde River), Unit 17
(AZ–15, Lower San Pedro River and
Gila Rivers), and Unit 22 (AZ–20, Gila
River 1) mitigation properties as critical
habitat, and they are not being
considered for inclusion (SRP 2014,
entire).
Pima County Multi-Species
Conservation Plan (MSCP) (Unit 16: AZ–
14, Upper San Pedro River; Unit 17: AZ–
15, Lower San Pedro River and Gila
River; Unit 19: AZ–17, Upper Cienega
Creek; Unit 24: AZ–22, Lower Cienega
Creek; Unit 43: AZ–31, Florida Wash;
Unit 46: AZ–34, Madera Canyon; Unit
50: AZ–38 Arivaca Lake; Unit 53: AZ–
41, Box Canyon; Unit 57: AZ–45 Barrel
Canyon; Unit 58: AZ–46, Gardner
Canyon; Unit 59: AZ–47, Brown Canyon.
Under the Multi-Species Conservation
Plan, Pima County will avoid,
minimize, and mitigate impacts to 44
species and their habitat within the
Permit Area (a portion of Pima County)
during the 30-year section 10(a)(1)(B)
permit period (Pima County 2016a, p.
v). The primary covered activities are
maintenance and construction activities
and certain development activities of
the private sector.
Based on the suite of covered
activities and a modeling of urban
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growth projections, Pima County
anticipates that there will be
approximately 36,000 ac (14,569 ha) of
disturbance resulting from the covered
activities within the permit area during
the 30-year permit period. For this
amount of disturbance, Pima County
would provide approximately 116,000
ac (46,944 ha) of mitigation. Despite not
yet having a section 10(a)(1)(B) permit,
Pima County has acquired more than
74,000 ac (29,247 ha) of fee-owned
lands and more than 124,000 ac (50,181
ha) of lease lands that provide the
portfolio of lands Pima County would
use to fulfill the section 10(a)(1)(B)
permit mitigation obligations. Partial
mitigation credit will be granted for
lease lands and for improving natural
resource conditions on those lease
lands.
Other important avoidance,
minimization, and mitigation measures
related to this MSCP rely upon Pima
County’s continued application of
various County Code requirements and
departmental procedures that mandate
the avoidance and mitigation of impacts
to onsite sensitive resources. Pima
County anticipates providing
approximately 112,000 ac (45,325 ha) of
mitigation for approximately 36,000 ac
(14,568 ha) of disturbance resulting
from covered activities (Pima County
2016a, p. v). Pima County has spent
approximately $150 million on land
acquisitions since 2004 in preparation
for the section 10(a)(1)(B) permit
mitigation needs. These dollars came
primarily from bond funds approved by
voters in 2004. Most of the management
and enforcement functions associated
with this MSCP are already taking place
as Pima County implements the natural
resource and open-space elements of its
Sonoran Desert Conservation Plan.
Implementation of the more
comprehensive ecological monitoring
program, which is required subsequent
to the issuance of the section 10(a)(1)(B)
permit, will result in new programmatic
costs for Pima County (Pima County
2016a, p. vi). The plan will conserve
and manage western yellow-billed
cuckoos by: (1) Implementing the Pima
County Riparian Protection Ordinance
to minimize habitat loss; (2) protecting
water rights at Cienega Creek Natural
Preserve and Buehman Canyon to
maintain and restore habitat; (3) seeking
to protect additional water rights at
Cienega Creek Natural Preserve and
Buehman Canyon to maintain and
restore habitat; and (4) conducting
protocol surveys every 3 years at all
sites; and (5) enacting a 400-m
‘‘restricted activity zone’’ buffer around
known nests during the nesting period
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(Pima County 2016b, pp. A–80–81, A–
273).
Revised proposed critical habitat
within the jurisdiction of Pima County
includes parts of the above-named units
in the MSCP (Pima County 2016a, p.
14). We are considering excluding 9,191
ac (3,719 ha) of land in these units.
Impacts within western yellow-billed
cuckoo habitat resulting from the
covered activities may emerge over the
30-year permit period and will be
mitigated accordingly through the
MSCP. Pima County submitted
comments requesting that critical
habitat be maintained on county- and
district- owned and leased properties
and on the Federal lands within Las
Cienegas National Conservation Area
and that these areas not be excluded
from the final designation (Huckelberry
2014, entire). Pima County reasons that
critical habitat designation will require
the Federal agencies to use an
additional standard of review when
conducting section 7 consultations with
the Service for federally permitted
activities that are not controlled by Pima
County, such as mines and transmission
lines. Pima County’s commitment to the
protection of species and habitat is a
core value of its citizens and
government, as demonstrated by its
continued implementation of the MSCP
(Huckelberry 2014, entire). We will
review Pima County’s request not to
exclude certain lands from the final
designation of western yellow-billed
cuckoo critical habitat under section
4(b)(2) of the Act.
Private or Other Non-Federal
Conservation Plans or Agreements and
Partnerships, in General
Alamo Lake State Wildlife Area
(AWA); Alamo Lake (Unit 4, AZ–2). The
Alamo Lake State Wildlife Area (AWA)
in La Paz and Mohave Counties,
Arizona, was created under provisions
of the Fish and Wildlife Coordination
Act (16 U.S.C. 661 et seq.), Public Land
Order 492 (PLO 492), and the General
Plan agreement between the Secretary of
the Army, Secretary of the Interior, and
Director of Arizona Game and Fish,
signed January 19, 1968 (Arizona Game
and Fish Department—Arizona State
Parks (AGFD–ASP) 1997). The area is
owned by the USACE and the State. A
lease agreement between the Arizona
Game and Fish Department Commission
and the USACE was signed in 1970,
establishing the AWA for fish and
wildlife conservation and management
purposes (AGFD–ASP 1997). The
present lease area encompasses
approximately 22,586 ac (9,140 ha).
Public input was solicited and
addressed in development of the AWA
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Management Plan and the NEPA review
process (AGFD–ASP 1997). The
corresponding Alamo Wildlife Area
Property Operational Management Plan
addressing the operations of the
property, together with the budget, is
updated as needed to reflect the changes
in operational management (AGFD
2012).
Proposed western yellow-billed
cuckoo critical habitat occurs along the
Big Sandy, Santa Maria, and Bill
Williams Rivers, which make up the
upper portion of Alamo Lake. The AWA
Management Plan describes the unique
riparian, wetland, and aquatic aspects of
the area for a variety of species,
specifically targeting the southwestern
willow flycatcher for management and
including the western yellow-billed
cuckoo as a species of wildlife concern.
Two of the specific resources are
directed toward the habitat needs of the
southwestern willow flycatcher and the
western yellow-billed cuckoo: (1)
Maintain and enhance aquatic and
riparian habitats to benefit wildlife; and
(2) restore, manage, and enhance
habitats for wildlife of special concern.
Large Fremont cottonwood and
Goodding’s willow forests, mesquite
bosque, and small areas of wetland
currently exist along the Big Sandy,
Santa Maria, and upper Bill Williams
Rivers. Increasing and improving these
habitats will benefit riparian- and
wetland-dependent species (AGFD
2012, p. 4–6). The objective for
maintaining and enhancing riparian
habitat includes (a) Maintaining a
reservoir level sufficient to ensure
suitable soil moisture conditions in the
mixed riparian forest, and (b) managing
burros and eliminating trespass cattle to
ensure that browsing does not harm
existing habitat or impair recruitment of
replacement vegetation. Livestock
grazing is excluded from the riparian
areas on the upper end of Alamo Lake
and the lower portions of the Santa
Maria and Big Sandy Rivers. Burro
management objectives are to monitor
and limit use of riparian vegetation such
that annual bark stripping of live trees
does not exceed 3 percent in any of the
key monitoring areas (AGFD 2012, p.
10). Fencing may be needed to exclude
unauthorized livestock and feral burros,
exclude elk, control off-highway-vehicle
access, and better manage authorized
livestock (AGFD 2012, pp. 10–12). We
are considering to exclude the entire
Alamo Lake area (Alamo Lake (Unit 4,
AZ–2: 2,793 ac (1,130 ha)) and portions
of the Big Sandy River (Unit 31, AZ–29:
500 ac (202 ha) within the Alamo Lake
State Wildlife Area from the final
designation of western yellow-billed
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cuckoo critical habitat under section
4(b)(2) of the Act.
Pinal Creek (Unit 13 AZ–11).
Freeport-McMoRan Incorporated (FMC),
a private mining company, has
ownership and management
responsibility for a portion of Pinal
Creek proposed as revised western
yellow-billed critical habitat in Gila
County, Arizona. Along this Pinal Creek
segment, since 1998, FMC has been
actively implementing conservation
measures for improving the riparian
habitat for the southwestern willow
flycatcher. Conservation actions being
implemented on FMC lands include
control of exotic riparian plant species,
improved cattle management, fencing,
monitoring, and limiting access to the
site in order to foster the development
of native riparian habitat. From 1999 to
2007, the water and land management
actions implemented resulted in an 88
percent increase in total riparian
vegetation volume within the area (FMC
2012, p. 11). In 2012, FMC submitted a
flycatcher management plan for the
proposed segment of Pinal Creek (FMC
2012, entire), committing to continue
implementing the land management
actions initiated through a USACE
permit that have resulted in the
improved abundance, distribution, and
quality of riparian habitat for nesting
southwestern willow flycatchers. We
expect such measures will also benefit
the western yellow-billed cuckoo. As a
result we are considering to exclude
approximately 390 ac (158 ha) of Unit
13 from final designation under section
4(b)(2) of the Act.
Upper Verde River Wildlife Area (Unit
7: AZ–5, Upper Verde River). The Upper
Verde Wildlife Area, owned by the
Arizona Game and Fish Department, is
located approximately 8 mi (12 km)
north of Chino Valley in Yavapai
County, Arizona (AGFD 2017, entire).
The property consists of four parcels
totaling approximately 796 ac (322 ha)
located along the upper Verde River and
lower Granite Creek. The AGFD also
manages 240 ac (97 ha) of State Trust
lands located adjacent to two of the
deeded parcels. The primary
management emphasis for the Upper
Verde River property is to manage,
maintain, and enhance riparian habitat
and maintain native fish diversity
(AGFD 2012, entire). A monitoring
program is ongoing. The Upper Verde
River property has four noncontiguous
parcels of private land, which
collectively include approximately 3 mi
(5 km) of the upper Verde River,
draining easterly from the confluence
with Granite Creek to the Prescott
National Forest boundary 3.5 mi (5.6
km) downstream. Riparian vegetation is
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dominated by Arizona ash, boxelder,
Arizona walnut, and netleaf hackberry
(AGFD 2017, entire). Some tamarisk is
interspersed with native tree species.
Lower Granite Creek supports a welldeveloped narrowleaf cottonwood
(Populus acuminata) riparian forest. We
received comments from the AGFD
requesting an exclusion for this
property, and those comments will be
fully considered in the final
designation. We will consider excluding
464 ac (188 ha) of AGFD land and 18 ac
(7 ha) of State Trust lands from the final
designation of western yellow-billed
cuckoo critical habitat under section
4(b)(2) of the Act.
New Mexico
Tribal Lands
Tribal Management Plans and
Partnerships—Santa Clara, Ohkay
Owingeh, and the San Ildefonso
Pueblos; Upper Rio Grande 1 (Unit 35:
NM–4) and Upper Rio Grande 2 (Unit
36: NM–5). The Santa Clara Pueblo and
Ohkay Owingeh contain proposed
western yellow-billed cuckoo critical
habitat along the Rio Grande within the
Upper Rio Grande Management Unit in
Rio Arriba County, New Mexico. The
San Ildefonso Pueblo contains proposed
western yellow-billed cuckoo critical
habitat along the Rio Grande within the
Upper Rio Grande Management Unit in
Santa Fe County, New Mexico.
The Santa Clara Pueblo, Ohkay
Owingeh, and the San Ildefonso Pueblo
have conducted a variety of voluntary
measures, restoration projects, and
management actions to conserve the
western yellow-billed cuckoo and its
habitat on their lands. These Pueblos
have made a commitment to the Service
to develop an integrated resources
management plan to address multiuse,
enhancement, and management of their
natural resources. The pueblos have
implemented fuel reduction of
flammable exotic riparian vegetation
and native tree restoration projects in
the riparian area since 2001, carefully
progressing in incremental stages to
reduce the overall effects to wildlife.
Ohkay Owingeh has a management plan
for the southwestern willow flycatcher
that provides conservation and
restoration for the riparian habitat
needed for the western yellow-billed
cuckoo and has expressed interest in
incorporating western yellow-billed
cuckoo conservation measures into that
plan. We received comments from the
Santa Clara Pueblo following our initial
proposal and will fully consider those
comments in the final designation. We
will consider excluding the Santa Clara
Pueblo, Ohkay Owingeh, and the San
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Ildefonso Pueblo lands totaling 1,173 ac
(475 ha) from the final designation of
western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
Tribal Management Plans and
Partnerships—Cochiti, Santo Domingo,
San Felipe, Sandia, Santa Ana, and
Isleta Pueblos; Middle Rio Grande (Unit
37: NM–6A and 6B). The Cochiti Pueblo,
Santo Domingo Pueblo, San Felipe
Pueblo, Sandia Pueblo, and Santa Ana
Pueblo contain proposed western
yellow-billed cuckoo critical habitat
along the Rio Grande within the Middle
Rio Grande Management Unit in
Sandoval County, New Mexico. The
Isleta Pueblo contains proposed western
yellow-billed cuckoo critical habitat
along the Rio Grande within the Middle
Rio Grande Management Unit in
Bernalillo County, New Mexico.
The Cochiti Pueblo, Santo Domingo
Pueblo, San Felipe Pueblo, Sandia
Pueblo, Santa Ana Pueblo, and Isleta
Pueblo have conducted a variety of
voluntary measures, restoration projects,
and management actions to conserve the
western yellow-billed cuckoo and its
habitat on their lands. Cochiti Pueblo,
Santo Domingo Pueblo, San Felipe
Pueblo, Sandia Pueblo, Santa Ana
Pueblo, and Isleta Pueblo made
commitments to the Service to develop
integrated resources management plans
to address multiuse, enhancement, and
management of their natural resources.
The pueblos have implemented fuel
reduction of flammable exotic riparian
vegetation and native tree restoration
projects in the riparian area since 2001,
carefully progressing in incremental
stages to reduce the overall effects to
wildlife. The San Felipe Pueblo
developed a Wildlife Management Plan
for the western yellow-billed cuckoo
that includes restrictions on
development in western yellow-billed
cuckoo habitat as well as adaptive
management and monitoring. The Isleta
Pueblo submitted a Riverine
Management Plan with management
goals, objectives, and strategies specific
to the western yellow-billed cuckoo.
Regarding this proposed critical habitat
unit, we received comments following
our initial proposal from the Santa Ana
Pueblo, San Felipe Pueblo, Isleta
Pueblo, and Sandia Pueblo and those
comments will be fully considered for
the final designation. We will consider
excluding the Cochiti Pueblo, Santo
Domingo Pueblo, San Felipe Pueblo,
Sandia Pueblo, Santa Ana Pueblo, and
Isleta Pueblo lands totaling 9,509 ac
(3,850 ha) from the final designation of
western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
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Federal Lands
Middle Rio Grande 1 (Unit 37: NM–
6B). In January 2016, the Service issued
a Biological Opinion for the Rio Grande
Project Operating Agreement and
storage of San-Juan Chama Project Water
in Elephant Butte Reservoir for two
riparian bird species, including the
western yellow-billed cuckoo and
southwestern willow flycatcher for 35
years (Service 2016a, entire). The area
from RM 62 to RM 38 is currently
proposed as western yellow-billed
cuckoo critical habitat within Elephant
Butte Reservoir, owned by Reclamation.
The Biological Opinion addresses the
following actions: (1) Pre-release of
storage water from Elephant Butte
Reservoir for flood control purposes; (2)
the carryover accounting for the unused
balance of annual diversion allocation
to downstream irrigation districts; (3)
diversion ratio adjustments that take
into consideration changes in water
availability; and (4) storage of San-Juan
Chama Project water (Service 2016a, p.
6).
Conservation measures proposed by
Reclamation and measures to minimize
and mitigate incidental take of western
yellow-billed cuckoos include: (1)
Monitoring of federally listed species
following established protocols; (2)
adding the western yellow-billed
cuckoo to the Reclamation (2012)
Southwestern Willow Flycatcher
Management Plan for the Rio Grande
Project (Management Plan); (3)
minimizing take during high water
surface elevation periods at Elephant
Butte Reservoir; (4) minimizing the
effects of suitable habitat loss due to the
proposed action; and (5) developing a
model to estimate quantities of suitable
habitat gained and lost as a result of
fluctuating water surface elevations
(Service 2016a, pp. 7, 40–44). The
Management Plan was initiated in 2012
and includes restoration projects and
monitoring efforts that also benefit the
western yellow-billed cuckoo
(Reclamation 2012, p. 37). The
Management Plan commits Reclamation
to ensuring at least 801 ac (324 ha) of
suitable habitat from the San Marcial,
New Mexico, to Fort Quitman, Texas, is
maintained and available for the
southwestern willow flycatcher, an
extensive monitoring and habitat
mapping program, and restoration
activities that include partners such as
the International Boundary and Water
Commission (IBWC), New Mexico State
Parks, the Service, Audubon and others
(Reclamation 2012, pp. 22, 28, 35).
Because southwestern willow
flycatchers and western yellow-billed
cuckoos rely on similar riparian habitat,
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some of the mitigation and monitoring
measures serve both species in the
interim until the Management Plan is
revised to include the western yellowbilled cuckoo specifically. We are
considering the development and
implementation of the Management
Plan in our exclusion analysis for
several units along the Rio Grande River
(see NM–8A Caballo Delta North, NM–
8B Caballo Delta South, and NM–10
Selden Canyon and Radium Springs
exclusion discussions below).
Western yellow-billed cuckoo and
southwestern willow flycatcher habitat
at Elephant Butte varies depending on
how and when the lake recedes as a
result of water in-flow and subsequent
storage capacity and delivery needs.
Even in the expected high-water years,
some southwestern willow flycatcher
and western yellow-billed cuckoo
habitat would persist at Elephant Butte
Reservoir. Areas within Elephant Butte
Reservoir at higher elevations that have
not been inundated in recent years are
declining in suitability. By having
Elephant Butte Reservoir fluctuate
surface water elevations, it is
anticipated that over the long term, this
would provide a more favorable and
dynamic environment for western
yellow-billed cuckoo habitat (Service
2016a, p. 42). We are considering
excluding the water storage area of
Elephant Butte Reservoir from RM 54 to
RM 38 from the final designation of
western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
Private or Other Non-Federal
Conservation Plans or Agreements and
Partnerships, in General
U-Bar Ranch (Unit 33: NM–2 Gila
River). The U-Bar Ranch (Ranch) near
Cliff, in Grant County, New Mexico, in
the Upper Gila Management Area is
owned by Pacific Western Land
Company (PWLC), a subsidiary of the
Freeport-McMoRan Corporation (FMC).
Through their efforts and their long-time
lessee, FMC has demonstrated a
commitment to management practices
on the Ranch that have conserved and
benefited the western yellow-billed
cuckoo population in that area over the
past decade. In addition, FMC had
privately funded scientific research at
and in the vicinity of the Ranch in order
to develop data that has contributed to
the understanding of habitat selection,
distribution, prey base, and threats to
the southwestern willow flycatcher. The
riparian habitat also has a large number
of nesting western yellow-billed
cuckoos.
PWLC and the U-Bar Ranch have
supported annual southwestern willow
flycatcher surveys, where western
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yellow-billed cuckoo detections are
recorded, and research in the Gila valley
since 1994. Considering the past and
ongoing efforts of management and
research to benefit the southwestern
willow flycatcher, western yellow-billed
cuckoo, and riparian habitat, done in
coordination and cooperation with the
Service, we are considering excluding
areas of the U-Bar Ranch totaling 3,002
ac (1,215 ha) from the final designation
of western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
Unit 39; NM–8A Caballo Delta North
and NM–8B Caballo Delta South. We are
considering exclusion of approximately
345 ac (140 ha) of land based on
Reclamation’s Southwestern Willow
Flycatcher Management Plan. This
Management Plan was initiated in 2012
and includes restoration projects and
monitoring efforts associated with the
southwestern willow flycatcher that are
also anticipated to benefit the western
yellow-billed cuckoo (Reclamation
2012, p. 37) (see exclusion discussion
on Middle Rio Grande 1 (Unit 37: NM–
6B) above). The Management Plan
commits Reclamation to ensuring at
least 801 ac (324 ha) of suitable habitat
in the area from the San Marcial, New
Mexico, to Fort Quitman, Texas, either
independently or in association with
multiple agencies (Reclamation 2012,
pp. 22, 28, 35) is managed for
southwestern willow flycatcher.
Because southwestern willow
flycatchers and western yellow-billed
cuckoos rely on similar riparian habitat,
some of the restoration features are
anticipated to serve both species in the
interim period until the Management
Plan is revised to include projects that
have the goal of benefitting the western
yellow-billed cuckoo specifically.
Reclamation has committed to updating
and adding the western yellow-billed
cuckoo to their Management Plan in
their recent section 7 consultation
(Number 02ENNM00–2015–F–0734)
associated with Elephant Butte
Reservoir (Reclamation 2015, entire).
Based on this Management Plan, we
are considering excluding the entirety of
Unit 39; NM–8A Caballo Delta North
and Caballo Delta South; Sierra County;
which totals 345 ac (140 ha), from the
final designation of western yellowbilled cuckoo critical habitat under
section 4(b)(2) of the Act.
Unit 40; NM–9 Animas; Sierra
County; Management Plan and
Partnership. The Ladder Ranch located
along Las Animas Creek contains
proposed critical habitat for the western
yellow-billed cuckoo in Sierra County,
New Mexico. The Ladder Ranch is
conducting conservation actions for
western yellow-billed cuckoo and its
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habitat on their lands and is in the
process of finalizing a conservation
strategy for the species. We are
considering potential exclusion of the
entirety of this proposed critical habitat
unit in the final designation of western
yellow-billed cuckoo critical habitat
under section 4(b)(2) of the Act. This
unit falls entirely within the Ladder
Ranch and totals 608 ac (246 ha).
Unit 41; NM–10 Selden Canyon and
Radium Springs; Dona Ana County. We
are considering exclusion of the entire
237-ac (96-ha) unit based on
management plans provided by
Reclamation as well as the IBWC. The
Reclamation Southwestern Willow
Flycatcher Management Plan was
initiated in 2012 and includes
restoration projects and monitoring
efforts associated with the southwestern
willow flycatcher but that are also
anticipated to benefit the western
yellow-billed cuckoo (Reclamation
2012, p. 37). The Management Plan
commits Reclamation to ensuring at
least 801 ac (324 ha) of suitable habitat
in the area from the San Marcial, New
Mexico, to Fort Quitman, Texas, either
independently or in association with
multiple agencies (Reclamation 2012,
pp. 22, 28, 35). Because southwestern
willow flycatchers and western yellowbilled cuckoos rely on similar riparian
habitat, some of the restoration features
are anticipated to serve both species in
the interim period until the
Management Plan is revised to include
projects that have the goal of benefitting
the western yellow-billed cuckoo
specifically. Reclamation has committed
to updating and adding the western
yellow-billed cuckoo to their
Management Plan in their recent section
7 consultation (Number 02ENNM00–
2015–F–0734) associated with Elephant
Butte Reservoir (Reclamation 2015,
entire).
The IBWC Endangered Species
Management Plan (Part 3 in the IBWC
Canalization River Management Plan)
commits IBWC to establishing or
preserving up to 119 ac (48 ha) of
southwestern willow flycatcher habitat
in the area from Percha Dam, New
Mexico, to El Paso, Texas, either
independently or in association with
Reclamation (IBWC 2016). IBWC is
currently completing a biological
assessment to address the listing of the
yellow-billed cuckoo in their previous
Long-Term River Management of the Rio
Grande Canalization Project (section 7
Consultation Number 02ENNM00–
2012–F–0016). This consultation will
address western yellow-billed cuckoo
impacts (both positive and negative)
associated with the Canalization Project.
The western yellow-billed cuckoo is
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currently included within IBWC’s
preexisting Endangered Species
Management Plan, and the species is
anticipated to benefit from the
restoration projects that have already
been initiated for the southwestern
willow flycatcher (IBWC 2016, p. 3–29).
IBWC also has created collaborative
relationships with other entities with
jurisdiction in the area to work together
on habitat restoration and water rights
for restoration, including cooperative
agreements with the Elephant Butte
Irrigation District (EBID), New Mexico
Energy Minerals and Natural Resources
Department State Parks Division, and
the Bureau of Reclamation. The
agreement with EBID lays the
foundation for a cooperative
Environmental Water Transaction
Program, including allowing for the
irrigation of native plants to be
classified as an agricultural use to use
Rio Grande Project water. The
implementation of the IBWC
collaborative conservation project
provides for significant conservation,
management, improvement, and
protection of the physical or biological
features essential for the cuckoo. The
conservation gains to the cuckoo
identified south of Caballo Dam are
possible because of the development of
the water transaction program.
Based on these Management Plans, we
are considering excluding the entirety of
Unit 41; NM–10 Selden Canyon and
Radium Springs; totaling 237 ac (96 ha),
from the final designation of western
yellow-billed cuckoo critical habitat
under section 4(b)(2) of the Act.
Idaho
Tribal Lands
Unit 65; ID–1 Snake River 1 Fort Hall
Indian Reservation; Tribal Management
Plans and Partnerships. The Fort Hall
Indian Reservation contains a portion of
the Snake River 1 Unit in Bannock and
Bingham Counties, Idaho. We have met
with staff from the Shoshone-Bannock
Tribes and discussed their existing and
proposed conservation actions and
management plans, which also benefit
the western yellow-billed cuckoo, for
the area proposed for designation as
critical habitat. We will continue to
coordinate with the Tribes on these
management plans for potential
exclusion of 3,219 ac (1,303 ha) of Fort
Hall Indian Reservation land from the
final designation of western yellowbilled cuckoo critical habitat under
section 4(b)(2) of the Act.
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Utah
Tribal Lands
Green River; Uintah County, Utah
(Unit 70: UT–1); Tribal Management
Plans and Partnerships—Ute Tribe,
Uintah and Ouray Indian Reservation.
The Uintah and Ouray Indian
Reservation contains revised proposed
critical habitat for western yellow-billed
cuckoo along the Green River in Uintah
County, Utah. The Ute Tribe is
conducting conservation actions for
western yellow-billed cuckoo and its
habitat on their lands and has finalized
a conservation strategy for the species
(Sinclear and Simpson 2016, entire). We
are considering potential exclusion of
14,611 ac (5,913 ha) of Ute Tribal lands
from this unit in the final designation of
western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
Consideration of Economic Impacts
Section 4(b)(2) of the Act and its
implementing regulations require that
we consider the economic impact that
may result from a designation of critical
habitat. To assess the probable
economic impacts of a designation, we
must first evaluate specific land uses or
activities and projects that may occur in
the area of the critical habitat. We then
must evaluate the impacts that a specific
critical habitat designation may have by
restricting or modifying specific land
uses or activities for the benefit of the
species and its habitat within the areas
proposed. We then identify which
conservation efforts may be the result of
the species being listed under the Act
versus those attributed solely to the
designation of critical habitat for this
particular species. The probable
economic impact of a proposed critical
habitat designation is analyzed by
comparing scenarios ‘‘with critical
habitat’’ and ‘‘without critical habitat.’’
The ‘‘without critical habitat’’ scenario
represents the baseline for the analysis,
which includes the existing regulatory
and socio-economic burden imposed on
landowners, managers, or other resource
users potentially affected by the
designation of critical habitat (e.g.,
under the Federal listing as well as
other Federal, State, and local
regulations). The baseline, therefore,
represents the costs of all efforts
attributable to the listing of the species
under the Act, effectively assuming full
compliance with sections of the Act
relevant to the analysis(i.e.,
conservation of the species and its
habitat incurred regardless of whether
critical habitat is designated). The ‘‘with
critical habitat’’ scenario describes the
incremental impacts associated
specifically with the designation of
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critical habitat for the species. The
incremental conservation efforts and
associated impacts would not be
expected without the designation of
critical habitat for the species. In other
words, the incremental costs are those
attributable solely to the designation of
critical habitat, above and beyond the
baseline costs. These are the costs we
use when evaluating the benefits of
inclusion and exclusion of particular
areas from the final designation of
critical habitat should we choose to
conduct an optional 4(b)(2) exclusion
analysis. We seek public input on
whether it is appropriate to assume full
compliance with the requirements
associated with a species listing and
other key land use regulations in
constructing a baseline for this analysis.
If full compliance does not adequately
represent the baseline regulatory
environment, we seek public input on
what range of compliance rates is better
aligned with practice in the field and
how noncompliance may influence the
potential costs and benefits of the
critical habitat rule. We additionally
seek comment related to the assumption
of full compliance with the critical
habitat rule and how this assumption
may influence the potential costs and
benefits of the rule.
For the 2014 proposed designation,
we developed an incremental effects
memorandum (IEM) considering the
probable incremental economic impacts
that may result from the proposed
designation of critical habitat. We also
completed a review of the potential
economic effects of the proposed
designation of critical habitat (Industrial
Economics Incorporated (IEc) 2013a; IEc
2013b). We have updated the IEM for
this revised proposed designation by
identifying those areas being considered
for critical habitat. The information
contained in our updated IEM was used
to develop a screening report for the
revised proposed designation of critical
habitat for the western yellow-billed
cuckoo (Service 2019, entire). We did
this in order to focus our analysis on the
key factors that are likely to result in
incremental economic impacts. The
purpose of the screening report is to
filter out the geographic areas in which
the critical habitat designation is
unlikely to result in incremental
economic impacts. Our review of
potential economic effects considers
baseline impacts (i.e., impacts absent
critical habitat designation) and
includes probable economic impacts
where land and water use may be
subject to conservation plans, land
management plans, best management
practices, or regulations that protect the
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habitat area as a result of the Federal
listing status of the species. The
screening report filters out particular
areas of critical habitat that are already
subject to such protections and are,
therefore, unlikely to incur significant
incremental economic impacts.
Ultimately, the screening report allows
us to focus our analysis on evaluating
the specific areas or sectors that may
incur probable incremental economic
impacts as a result of the designation.
The screening report also assesses
whether any unoccupied units may
require additional management or
conservation efforts as a result of the
critical habitat designation and whether
the units may incur incremental
economic impacts. We are not
considering designating any unoccupied
areas. To better identify the potential
economic impacts, we have developed a
revised screening analysis
memorandum for the revised proposed
critical habitat (IEc 2019a, entire; IEc
2019b, entire). Our revised IEM, the
screening analysis memorandum, and
information described in this rule are
what we consider our revised draft
economic analysis of the revised
proposed critical habitat designation for
the western yellow-billed cuckoo. The
supporting information for our revised
economic analysis is available on https://
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
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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.
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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 riparianobligate 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-
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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
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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
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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
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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
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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
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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 nonFederal 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’’
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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
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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 caseby-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.
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
Government-to-Government
Relationship With Tribes
recordkeeping requirements,
Transportation.
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 yellowbilled 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.
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; YavapaiApache 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 yellowbilled cuckoo.
Proposed Regulation Promulgation
Clarity of the Rule
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11517
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.
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References Cited
A complete list of references cited in
this rulemaking is available on the
internet at https://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
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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
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.
2. Amend § 17.95(b) in the entry for
‘‘Yellow-billed Cuckoo (Coccyzus
americanus), Western DPS’’ by:
■ a. Revising paragraphs (1) through
(76); and
■ b. Removing paragraphs (77) through
(88).
The revisions read as follows:
■
§ 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 yellowbilled 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-
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
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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.
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(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 postbreeding 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
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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 https://
www.fws.gov/sacramento, or on https://
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.
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(5) Unit 1: CA/AZ–1, Colorado River
1; Imperial, Riverside, and San
Bernardino Counties, California, and
11519
Yuma and La Paz Counties, Arizona.
Map of Unit 1 follows:
BILLING CODE 4333–15–P
Yellow Billed Cuckoo Critical Habitat
Unit 1: CA-AZ 1 Colorado River 1
san Bernardino, Riverside, and Imperial Counties, California
La Paz and Yuma Counties, Arizona
SAN BERNARDINO CO
____,
-----LA PAZ CO
RIVERSIDE CO
CALIFORNIA
tMPERIALCO
YUMA CO
--=------------
0
MEXICO
-·-··· River
- - Major Road
~
__
~
County Boundary
~ Critical Habitat
0
10
20
40
---====-----Miles
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0
10 20
40
--=:::::i--•Kilometers
11520
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(6) Unit 2: CA/AZ–2, Colorado River
2; San Bernardino County, California,
and Mohave County, Arizona. Map of
Unit 2 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 2: CA-AZ 2 Colorado River 2
San Bernardino County, California; Mohave County, Arizona
CALIFORNIA
ARIZONA
SAN BERNARDINO CO
-·· ·-···· River
- - Major Road
~ : : ] County Boundary
E2Z] Critical Habitat
2
4
---===:::::.
____8MIies
0
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11521
(7) Unit 3: AZ–1, Bill Williams River;
Mojave and La Paz Counties, Arizona.
Map of Unit 3 follows:
Yellow Biled Cuckoo Critical Habitat
Unit 3: AZ-1 Bill WIiiiams River
La Paz and Mohave Counties, Arizona
\
··1
··1
LA PAZ CO
l..,
-···-··· ~ers/Slreams
- - Road/Highway
!: : ]County Boundaiy
IZ22J Crlical Habitat
---c:=====-------Mlles
0
2
2
4
4
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Ktometers
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0
11522
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(8) Unit 4: AZ–2, Alamo Lake,
Mohave and La Paz Counties, Arizona.
Map of Unit 4 follows:
Yellow BiUed Cuckoo Crilcal Habitat
Unit 4: AZ-2 Alamo Lake
La Paz and Mohave Counties, Arizona
,,
,-,··
/
_,/
/r·•
~
·-.__(J-."'\..""'\
\ ..,
···1_..-...""-··-t.., ..•'·-..
!..,.
\...,
,....
l.APAZCO
.)
(
\
,)''
(
J''--.
\
\
-----··· RillerslStreams
f:: j
Colllty BoundBI)'
~ Clilical Habitat
ll.5
2
---==::::i----•Mffes
•-==---Kilometers
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0
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11523
(9) Unit 5: AZ–3, Hassayampa River;
Yavapai and Maricopa Counties,
Arizona. Map of Unit 5 follows:
Yellow BiUed Cuckoo Critical Habitat
Unit 5: AZ-3 Hassayampa River
Maricopa County, Arizona
'··
MARICOPA CO.,,..--------....
.r·-·~··r-
···-·~..... ··
-···--- - Rio/ erslSlreams
- - Road/Highway
~
__
~
County Soun.dB!Y
~ Crtical Habitat
2
-4
r.rnes
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0
2
--===---■Klometers
11524
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(10) Unit 6: AZ–4, Agua Fria River;
Yavapai County, Arizona. Map of Unit
6 follows:
Yellow SIied Cuckoo Critical Habitat
Unit 6: AZ-4 Agua Fria River
Yavapai County, Arizona
-··-··· mt ers/Slreams
- - Road/Highway
~ Crtical Habilat
2
-0
4
--====----MIies
1
2
4
locational Index
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--===---Klometers
■
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0
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11525
(11) Unit 7: AZ–5, Upper Verde River;
Yavapai County, Arizona. Map of Unit
7 follows:
Yellow BiHed Cuckoo Critical Habitat
Unit 7: AZ-5 Upper Verde River
Yavapai County, Arizona
COCONINO CO
Chino
Valley
YAVAPAI CO
-·..-··· Rt.lersJSlreams
- - Road/Highway
~
• _ ~ County Bounda!y
E2ZJ C!tical Habitat
2.5
10
5
--c::==-----Miles
--==--■Kilometers
■
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0
0 25 5
11526
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(12) Unit 8: AZ–6, Oak Creek; Yavapai
and Coconino Counties, Arizona. Map
of Unit 8 follows:
Yellow BiHed Cuckoo Critical Habitat
Unit 8: AZ-6 0ak Creek
Yavapai and Coconino Counties, Arizona
_,., ____ Riv ers/Slreams
- - RoadJHigllway
C_-:.i Colllty Boondary
~ C!ilical Habitat
other C!'lllcal Habilal Units
2
0
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0
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8
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-
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11527
(13) Unit 9: AZ–7, Beaver Creek;
Yavapai County, Arizona. Map of Unit
9 follows:
Yellow Siled Cuckoo Critical Habitat
Unit 9: AZ-7 Beaver Creek
Yavapai County, Arizona
---··· Rilf ers/Slreams
- - Road/Highway
EZ::21 Cl'ilielil Habllal
-
0
otherOrllica!HabilatUllits
2
4
--==----MIies
1 2
4
--==--•Kiloml!ters
■
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(14) Unit 10: AZ–8, Lower Verde
River and West Clear Creek; Yavapai
County, Arizona. Map of Unit 10
follows:
Yellow Biled Cuckoo Critical Habitat
Unit 10: AZ-8 Lower Verde River, West Clear Creek
Yavapai County, Arizona
YAVAPAI CO
--·---- RilerslS!reams
- - Road/Highway
E2Z:J C!ilical Habilat
O!:llerCrilicalHalllfatUnlls
---====-------Miles
--====----Kllomelers
2
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(15) Unit 11: AZ–9A and AZ–9B,
Horseshoe Dam; Gila, Maricopa, and
Yavapai Counties, Arizona. Maps of
Unit 11 follow:
11529
(i) Map of Unit 11: AZ–9A, Horseshoe
Dam.
Yellow Billed Cuckoo Critical Habitat
Unit 11: AZ-9A Horseshoe Dam
Gila and Yavapai Counties, Arizona
r
/
-·--··· ffilers/S!reams
~:: ~ County Boundaiy
iZ:21 Clitical Hallital
1.5
0 1.5 3
3
6
Miles
6
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--==---l<iiometers
■
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11530
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(ii) Map of Unit 11: AZ–9B, Horseshoe
Dam.
Yellow Billed Cuckoo Critical Habitat
Unit 11: AZ-9B Horseshoe Dam
Maricopa County, Arizona
i
.✓··----........_..,.r-·.,...·:·/,,1~
/
/
/
'._.,_,....r·
,..._...,...
-··
/
J---✓-----------··-_7·"
./
!
---··· RNers/Streams
- - Major Road
~-_-:] County Boundary
l22ZI Clilical Habitat
0.5
0 0.5 1
1
2
Miles
2
Locational Index
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11531
(16) Unit 12: AZ–10, Tonto Creek;
Gila County, Arizona. Map of Unit 12
follows:
Yellow BiUed Cuckoo Critical Habitat
Unit 12: AZ-10 Tonto Creek
Gila County, Arizona
_,. ____ Rilers/Slreams
IZ::2J Critical Habitat
lotter on DSKBCFDHB2PROD with PROPOSALS2
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0
11532
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(17) Unit 13: AZ–11, Pinal Creek; Gila
County, Arizona. Map of Unit 13
follows:
Yellow Biled Cuckoo Critical Habitat
Unit 13: AZ-11 Pinal Creek
Gila County, Arizona
GILA CO
-···-··· RillerslSlreams
IZ2J Qillcal Habitat
0.5
0.25 0.5
1
lotter on DSKBCFDHB2PROD with PROPOSALS2
---==----Klometers
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0.25
0
0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11533
(18) Unit 14: AZ–12, Bonita Creek;
Graham County, Arizona. Map of Unit
14 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 14: AZ-12 Bonita Creek
Graham County, Arizona
)
;···✓·--··1...:
.
__
,.,.·--·~-·-.,.../·~./"· ....,-:
-···-··· Rivers/Streams
E22] Clitical Habitat
-
lotter on DSKBCFDHB2PROD with PROPOSALS2
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0
0 0.5 1
11534
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(19) Unit 15: AZ–13, San Francisco
River; Greenlee County, Arizona. Map of
Unit 15 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 15: AZ-13 San Francisco River
Greenlee County, Arizona
i
=.......
"'
/""•---.,.
__
\.._____
'·~,.
-~
---·-··· Rt.<erslSlfeams
~ C!ilical Habitat
2
0.5
-
Miles
lotter on DSKBCFDHB2PROD with PROPOSALS2
0 0.5 1
VerDate Sep<11>2014
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11535
(20) Unit 16: AZ–14, Upper San Pedro
River; Cochise County, Arizona. Map of
Unit 16 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 16: AZ-14 Upper san Pedro River
Cochise County, Arizona
COCHISE CO
MEXICO
0
5
10
0
5 10
20
--==::J---•Miles
20
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lotter on DSKBCFDHB2PROD with PROPOSALS2
--=::::11--Kilometers
■
11536
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(21) Unit 17: AZ–15, Lower San Pedro
River and Gila River; Pima, Pinal, and
Gila Counties, Arizona. Map of Unit 17
follows:
reUc>w8illedCQCkoo·Cri1icm Habitat
u11tt 1i:AZ-1sibwer-s.tnPeifrt>~mt••~raR1v.rs
Pinal Pima·andGilaCountin- Anmna
·.
......: .. I:· --- . . ... , ... ·:. . ... .
...........
.. :·-. ·· ..... ·... , ..... ·. . ·....... ,·
GllACO
__.:~,~, ~eisiStreall'iik
- - ~il!R!~ll-Y
t: : Jcbwily sliiinililrit'
122ZJ cttticatHaitltat
Bl riiieiCtftic:aiHabttat:Ulifts.
Ji 1_0_
·2fl
•lllit::::=11111111-•·Ki.oltiiilers
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11537
(22) Unit 18: AZ–16, Sonoita Creek;
Santa Cruz County, Arizona. Map of
Unit 18 follows:
Yellow BiDed Cuckoo Critical Habitat
Unit 18: AZ-16 Sonoita Creek
Santa Cruz County, Arizona
....J ....-.......,_.i
-···-··· Ril era/Slreams
- - RoadfH!ghway
E2Z:J Criical Hallilal
4
2
---======------Miles
0
2
4
lotter on DSKBCFDHB2PROD with PROPOSALS2
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0
11538
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(23) Unit 19: AZ–17, Upper Cienega
Creek; Pima County, Arizona. Map of
Unit 19 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 19: AZ-17 Upper Cienega Creek
Pima County, Arizona
\,
. \.,'\~,
-•.""··
·,.,......
·............. .
\
PIMA CO~.\
,..,.···-v.•,
......
'-,
'--;.__,.
··-···
'\.,
.............L....
vMr·-...., -.......,
..............::~-\
r'.r,.,_ ..,_.. "r-.....,_11,,•-•
.....,...,.,..,,,.···
.- ...:.~------......
···,----~ . .,.~··•,-.--·-·,,,. . ·, .- ✓---".,,
.....................,___ .......,
..·
---,._,.---<·.:::::::::··.~-.. --·
,_!_✓·,.........._______.,......_______ ... ""-------------~---:~~
- ..·-··· Rivers/Streams
- - RoadfHigllWay
~
__ .! Coooty Boundary
~ Cflllcal Habitat
-
Olher Cfilical Habitat Units
2
0
0
2
4
Miles
l..ocalional Index
4
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lotter on DSKBCFDHB2PROD with PROPOSALS2
••==-••-Kilometers
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11539
(24) Unit 20: AZ–18, Santa Cruz
River; Santa Cruz County, Arizona. Map
of Unit 20 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 20: AZ-18 Santa Cruz River
Santa Cruz County, Arizona
.,,.;'
-✓_./
•
.,
,,--···.
} ;/
-----~;2:~(
.._..(:...,______ -·----.
I'
,.,.-'_,~..r•-.,1· {
0
MEXICO
--·-··· RiverstSlreams
- - RoadfHighway
□ Nationa!Boundaiy
E22] Critical Habitat
Olher Clitica!Habilat Units
0
lotter on DSKBCFDHB2PROD with PROPOSALS2
0
VerDate Sep<11>2014
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-
11540
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(25) Unit 21: AZ–19, Black Draw;
Cochise County, Arizona. Map of Unit
21 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 21: AZ-19 Black Draw
Cochise County, Arizona
\
\.\\
\,...,
'·,
,,\'\,
ARIZONA
'···--.
-···-··· Rivers/Streams
CJ
National Boundary
~ Clillcal Habitat
0.2>
0 0.2> 0.5
1
Miles
0.5
1
locational Index
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--=--•Klometers
■
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11541
(26) Unit 22: AZ–20, Gila River 1;
Graham County, Arizona. Map of Unit
22 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 22: AZ-20 Gila River 1
Graham County, Arizona
GILA CO
.r
.,;--------
....,,..,, .....,...,,,,,,.
~
GRAHAM CO
------- RiveraJStreams
- - Road/Highway
C_-_-:: County Boundary
~ Critical Habitat
other Critical Habitat Units
5
10
20
---===::::1----•.Mlles
o 5 10
a,
lDcalional Index
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0
11542
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(27) Unit 23: AZ–21, Salt River; Gila
County, Arizona. Map of Unit 23
follows:
Yellow Billed Cuckoo Critical Habitat
Unit 23: AZ-21 Salt River
Gila County, Arizona
0
--·---- Rivers/streams
--Htgllwa.y
IZ:;2J Cli!ica!Habl1at
0
2
0.5
Miles
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lotter on DSKBCFDHB2PROD with PROPOSALS2
0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11543
(28) Unit 24: AZ–22, Lower Cienega
Creek; Pima County, Arizona. Map of
Unit 24 follows:
Yellow Biled Cuckoo Critical Habitat
Unit 24: AZ-22 Lower Cienega Creek
Pima County, Arizona
_.,.,,.···
/
.---·-
I
)
/'...,
/
... / .
_j
,.,✓-·
--·---- Rivers/streams
- - Major Road
~ Critk:al Habitat
4
2
0
Miles
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0
4
Klometers
11544
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(29) Unit 25: AZ–23, Blue River;
Greenlee County, Arizona. Map of Unit
25 follows:
Yellow Biled Cuckoo Critical Habitat
Unit 25: AZ-23 Blue River
Greenlee County, Arizona
-···-··· Rivers/Streams
1222) Critical Habitat
2
0
4
Miles
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11545
(30) Unit 26: AZ–24, Pinto Creek
South; Gila and Pinal Counties, Arizona.
Map of Unit 26 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 26: AZ-24 Pinto Creek South
Gila and Pinal Counties, Arizona
PINAL CO
0
--·-··· Rivers/streams
~
__
~
County Boundary
~ Critical Habitat
VerDate Sep<11>2014
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0
2
Miles
0.5
0
11546
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(31) Unit 27: AZ–25, Aravaipa Creek;
Pinal and Graham Counties, Arizona.
Map of Unit 27 follows:
Yellow Biled Cuckoo Critical Habitat
Unit 27: AZ-25 Aravaipa Creek
Pinal and Graham Counties, Arizona
- - Highway
-···-··· Rivers/streams
~
__ ~ County Boundary
l2Z:] CTiticat H abilat
Bl Olher Clffical Habitat llnits
2
0
0
2
4
4
8
Milas.
Locational Index
8
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lotter on DSKBCFDHB2PROD with PROPOSALS2
Kilometers
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11547
(32) Unit 28: AZ–26, Gila River 2;
Graham and Greenlee Counties,
Arizona. Map of Unit 28 follows:
Yellow BiUed Cuckoo Critical Habitat
Unit 28: AZ-26 Gila River 2
Greenlee and Graham Counties, Arizona
,r,r-,'-·
~I
~--
f GREENLEE CO
(
-~
GRANT
co
--------GRAHAMCO
_,, _____ Rivet"slstreams
- - RoadfHighway
~
__ ~ County Boundary
D
stale Boundal}'
-
OlherCliticalHabital Units
E:223 CriticalHabi'tat
0
5
10
20
Locational Index
---===-----Miles
0
5
10
20
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lotter on DSKBCFDHB2PROD with PROPOSALS2
--====---■Kilometers
11548
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(33) Unit 29: AZ–27, Pinto Creek
North; Gila County, Arizona. Map of
Unit 29 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 29: AZ-27 Pinto Creek North
Gila County.Arizona
/
···----...,,.,____ GILA CO
\
\..
.ri
(\
\ \ __ _
···-------...,\
,.
___
.,,,,.,···
,·-·,
.,,. ...____•.,...,...r···
--·----- Rivers/Streams
C: _-_·:
County Boundary
~ Critical Habitat
1
---====-----•Miles
-•==----Kiometers
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11549
(34) Unit 30: AZ–28, Mineral Creek;
Pinal and Gila Counties, Arizona. Map
of Unit 30 follows:
Yellow Billed Cuckoo ·Critical Habitat
Unit 30: AZ-28 Mineral Creek
Pinal and Gita Counties, Arizona
\r' _ /_,,. -,,,.-'
.
VJ
.
..I•'
1.I
I
:
I
i
I
(
't
\
I
i
I
,-'
I
J
I
'II
r-··
i
j
,/
'
,-~-·
, ..., ..- ...1··,,,.···
---~--~,,.,~---·--···-~.
---·---- Rilers/Streams
: ~ ~ ~: Comly Boimdaf)'
EZ:21 Clitical Habitat
0.5
1
lotter on DSKBCFDHB2PROD with PROPOSALS2
2
--===----Kllometers
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0
2
Mlles
0.5
0
11550
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(35) Unit 31: AZ–29, Big Sandy River;
Mohave County, Arizona. Map of Unit
31 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 31: AZ-29 Big Sandy River
Mohave County, Arizona
- - Road/Highway
-------- Riiers/Stream
~ _-: j Colllty Boundary
12221
Qilicat Habitat
Bl Olher Critical Habitat Units
lotter on DSKBCFDHB2PROD with PROPOSALS2
0
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Ktometers
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s
0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11551
(36) Unit 32: NM–1, San Francisco
River; Catron County, New Mexico. Map
of Unit 32 follows:
Yellow BIUed Cuckoo Critical Habitat
Unit 32: NM-1 San Francisco River
Catron County, New Mexico
--Highway
-·--··· Rilfers/Straams
~ : : ] County Boundaly
E'::Z:J C!iical Habitat.
lotter on DSKBCFDHB2PROD with PROPOSALS2
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2
0
11552
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(37) Unit 33: NM–2, Gila River; Grant
County, New Mexico. Map of Unit 33
follows:
Yellow Billed Cuckoo Critical Habitat
Unit 33: NM-2 Gila River
Grant County, New Mexico
---··· RNers/Slreams
- - Road/Highway
E2ZZJ Criicat Habitat.
0
4
2
8
Miles
2
4
8
1.JX:ational Index
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(38) Unit 34: NM–3A and NM–3B,
Mimbres River; Grant County, New
Mexico. Maps of Unit 34 follow:
11553
(i) Map of Unit 34: NM–3A, Mimbres
River.
Yellow Billed Cuckoo Critical Habitat
Unit 34: NM-3A Mimbres River
Grant County, New Mexico
GRANT CO
UNIT34
--Highway
------- Rilers/Slreams
~ Crlical Habitat
0.5
0
0.5
2
Miles
1
2
lotter on DSKBCFDHB2PROD with PROPOSALS2
••c:::==•••-~mmet~s
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0
11554
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(ii) Map of Unit 34: NM–3B, Mimbres
River.
Yellow Billed Cuckoo Critical Habitat
Unit 34: NM-3B Mimbres River
Grant County, New Mexico
.....__.,.,....
------ .......~---,
I
/
l
/
--,
;
··--..., ....,_
, .,~·i
i
/
/
j
f
i
f
r
i
!
(
/
i
\
/
I
(
/
,,.._r..-
!
GRANT CO
l
I
\
i
!
i,
j
!
/
/
···-....\."'\.
-·-..,
f
__
(
'\
/
f
\ ..
··~
\ ........
__
'\
\,.
........
/.J
-·
.,..,...
_
·--.. ·, \.
___
__ _
' ··.,
--Road!Highway
------- Rivers/Streams
~ Critical Habitat
0.5
1
2
lotter on DSKBCFDHB2PROD with PROPOSALS2
-----=======--------Miles
0
0.5
---===:::::i
_____2KilometefS
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11555
(39) Unit 35: NM–4, Upper Rio
Grande 1; Rio Arriba County, New
Mexico. Map of Unit 35 follows:
Yellow BIUed Cuckoo Critical Habitat
Unit 35: NM-4 Upper Rio Grande 1
Rio Arriba County, New Mexico
1... ,
=..... _
r
~
. ."-. .......__
. __
!
~
,.,
_,,//
"'
l1
(.if
J-~
·----··----------.C'-~·-F·,-..-.
\0:--•,. , _
••:....rH=•-•••-
l ---·--·-·-·--
-----···~'-,... .___. .,__ .i"'"''-._____ .~---\__, ___,--..
....,,,. ..._,.,.._____..,,.-·-···""~--.,,.··~ ......."'
RIO ARRIBA
·---....\\
c~·-.,....,.,'
\.
__
..,,.... J···-
/
________ ..J'···./·..
i
(,
(
f)
\,.I':··-,_·,
;
\
- - Road/Highway
----··· Rivers/Streams
~ Crllcal Habitat
2
.Miles
0.5
0 0.5 1
lotter on DSKBCFDHB2PROD with PROPOSALS2
2
--==---Klometers
■
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0
11556
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(40) Unit 36: NM–5, Upper Rio
Grande 2; Santa Fe and Rio Arriba
Counties, New Mexico. Map of Unit 36
follows:
Yellow Billed Cuckoo Critical Habitat
Unit 36: NM..S Upper Rio Grande 2
Rio Arriba and Santa Fe Counties, New Mexico
"·\
\
, .................
·~........__
-----.__ _
·-,.
SANTA FE CO
. .~--·-···-~:~?··,.
·.\..,_
'·· ·,.:
\
-....._
........\
··......
•-••--.,M---•,,,.\
°(
- - Highway
--·-··· Rillers/Slreams
County Boundaiy
E2ZJ CJiical Haruta!
----=:=:=:::11______
0.5
lotter on DSKBCFDHB2PROD with PROPOSALS2
0
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Kiomelers
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(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:
11557
(i) Map of Unit 37: NM–6A, Middle
Rio Grande.
Yellow Billed Cuckoo Critical Habitat
Unit 37: NM-6A Middle Rio Grande
Sandoval County, New Mexico
1.
\
\
SANTA FECO
I
\
I.
\\
SANDOVAL CO
~
___ : County Boundary
- - Major Highways
----- Rivers
~ Critical Habitat
25
5
10
lotter on DSKBCFDHB2PROD with PROPOSALS2
---======-----•Miles
0
25 5
10
--====---•Kilometers
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0
11558
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(ii) Map of Unit 37: NM–6B, Middle
Rio Grande
Yellow Billed Cuckoo Critical Habitat
Unit 37: NM-68 Middle Rio Grande
Bernalillo, Valencia, Socorro, and Sierra Counties, New Mexico
CIBOLA CO
UNIT37
UNCOlNCO
-~ County Boundary
- - Major Highways
--Rivers
E222) Oilica!Hahitat
0
12.5
25
50
---===------Miles
12.5 25
50
--=:::::1---■ Kilomete.rs
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lotter on DSKBCFDHB2PROD with PROPOSALS2
0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11559
(42) Unit 38: NM–7, Upper Gila River;
Grant and Hidalgo Counties, New
Mexico. Map of Unit 38 follows:
Yellow Biled Cuckoo Crilcal Habitat
Unit 38: NM-7 Upper Gila
Grant and Hidal
Counties, New Mexico
------- -----------------~.
GRANTCO
■
I
I
•1
.-'
I
I
HIDALGO CO
•I
''•
•
I
----------
0
- - Road/Highway
-···-··· Rivers'streams
~
__ .! County Boundary
~ Critieal Habitat
---===------Miles
2.5
0
0
2.5
10
5
5
10
l.Dcati011al Index
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lotter on DSKBCFDHB2PROD with PROPOSALS2
--===i---■~tomere~
11560
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(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.
Yellow Billed Cuckoo Critical Habitat
Unit 39: NM-SA Caballo Delta North
Sierra County, New Mexico
l
j
{
i
!
/
............\
SiERRA CO
f/
__ ,,/)
_,,,.·· /
.-,,,···---··-·-,
\.,.,........___ _
--Highway
---··· Rilera/S!reams
~ Cmcal Habitat
0.25
0.5
1
-
1
--i:::::==----Mlles
Kiiometers
lotter on DSKBCFDHB2PROD with PROPOSALS2
0 0.250.5
VerDate Sep<11>2014
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27FEP2
EP27FE20.041</GPH>
0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11561
(ii) Map of Unit 39: NM–8B, Caballo
Delta South.
Yellow Billed Cuckoo Critical Habitat
Unit 39: NM-8B Caballo Delta South
Sierra County, New Mexico
·-,..._______
SIERRA CO
......
_,,
/
......... ____~,............_........~---·'•''i.
0
-··-··· Rilers/Slreams
--Hlghway
~ Crtical Habitat
1
0.5
----=======-------Miles
---====----•~mmeters
lotter on DSKBCFDHB2PROD with PROPOSALS2
0
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0.25
0
11562
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(44) Unit 40: NM–9, Animas; Sierra
County, New Mexico. Map of Unit 40
follows:
YelloWBffledCuckoo -Crtlclll Habitat•:.
uritt'40': NM-t:Anim•• - ------- - - - $terra Coun i NewMexb:o
-'·
·1:rt,;. . . ,;: .
·"iro:
c,,T',,,,;::::i:::fJ-2
------ RiV'i!tSl:Stt'eams
--'-'. ~oatitttgtjw~Y
~t::11ticii!H~t
.0
0.5
:::z::c. -
-.1
~ii-.·
2
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lotter on DSKBCFDHB2PROD with PROPOSALS2
l(j~,ifllr&
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11563
(45) Unit 41: NM–10, Selden Canyon
and Radium Springs; Don˜a Ana County,
New Mexico. Map of Unit 41 follows:
YelloWBiRed CUCkob·Cittl~I H..i.ttat·
Onit41ililM-1tfse1cienCa11YoriaruiRaduni:Spnii1s·
New Me•ico
··
Dona Ana coun
·._·:;,-~. ;,i~;
;rf~t
- - i&ai»Hl!ihWiit
--·" ftiiiersisfreiitns:
~ ciitkiiiftal>itlt
0
0.5
1
~iiifoha!mdei
2
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lotter on DSKBCFDHB2PROD with PROPOSALS2
~loi!!.<it'(J11
11564
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(46) Unit 42: AZ–30, Arivaca Wash
and San Luis Wash; Pima County,
Arizona. Map of Unit 42 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 42: AZ-30 Arivaca Wash and San Luis Wash
Pima County, Arizona
- - Road/Highway
--·-··· Rilers/Streams
E2Z] Crftical Habitat
0
1.25
0
1.25 2.5
2.5
5
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lotter on DSKBCFDHB2PROD with PROPOSALS2
Miles
5
Kilo meters
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11565
(47) Unit 43: AZ–31, Florida Wash;
Pima and Santa Cruz Counties, Arizona.
Map of Unit 43 follows:
Yellow Biled Cuckoo Critical Habitat
Unit 43: AZ-31 Rorida Wash
Pima and Santa Cruz Counties, Arimna
-
-·-........ ..~-···, ...-···--·~·-- ""\
'---,___ ...\ .•., ..,
___
·,........
'--
PIMA CO
..,.\\~
--.
J
\_
-·--------,,./
,---'I
_,,.. ,-
--~..~..::--:::·.:.._., ___ ,J
,.,..;,'
SANTA CRUZ CO
0
------ Rivers/streams
~:
:
~ County Boundary
~ Crltlcal Habitat
Ill Olher Crilica!Habilaf Units
U5
0
2
1
----====-------Miles
0
0.5
2
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lotter on DSKBCFDHB2PROD with PROPOSALS2
---====----■Kilometers
11566
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(48) Unit 44: AZ–32, California Gulch;
Santa Cruz County, Arizona. Map of
Unit 44 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 44: AZ-32 Califorria Gulch
Santa Cruz County, Arimna
.,..... ___ \
t'!
\:._,
\~
"-\
....
·,
SANTA CRUZ CO
I
/
;
,,,;
/':,
~:f"
~.....i-~·""'
_J
......
·-··
·-......
(
···'"
--Road
-----··· RillerslStreams
0
Naliooal SOUndaiy
~ Cmcal Habitat
Iii.II OtherCrticalHallitatUnits
0.5
2
---====------Miles
0
0.5
1
Locafiooal Index
lotter on DSKBCFDHB2PROD with PROPOSALS2
2
l<llo.m.eters
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11567
(49) Unit 45: AZ–33, Sycamore
Canyon; Santa Cruz County, Arizona.
Map of Unit 45 follows:
Yellow BiUed Cuckoo Critical Habitat
Unit 45: AZ-33 Sycamore canyon
Santa Cruz County, Arizona
SANTA CRUZ CO
1··.,.,,.. -
_. ,_,,...
·• ...._r-··,.--1;·-.. ,. .
\
i
J~
\_f"'..r-._
··'t...n"-
s
·-...... t:··
r,·• ........:,
·7
'i
\
i
,.
•..
- - Rodttigllway
-------- RiverslSlreams
D
state/Country Boundary
~ Cmcal Habitat
0.5
0
0
1
2
Miles
0.5
1
I..Dcational Index
2
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EP27FE20.048</GPH>
lotter on DSKBCFDHB2PROD with PROPOSALS2
l@ometers
11568
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(50) Unit 46: AZ–34, Madera Canyon;
Pima and Santa Cruz Counties, Arizona.
Map of Unit 46 follows:
Yellow Billed Cuckoo Crii.cal Habitat
Unit 46: AZ-34 Madera Canyon
Pima and Santa Cruz Counties, Arizona
PIMA CO
SANTA CRUZ CO
- --·-···-·..,,,....---
.....",.......
_.._. __.
'
,••'i"
.r·'
,-",_,.-"/... .,,,.·
... ...
--Road
-··-··· RNers/Streams
f _-:] County Boundaiy
~ Crilcal Habitat
other Cmcal Habitat Unils
0
-
2
0.5
---====----■Miles
lotter on DSKBCFDHB2PROD with PROPOSALS2
11
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2
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-
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11569
(51) Unit 47: AZ–35, Montosa
Canyon; Santa Cruz County, Arizona.
Map of Unit 47 follows:
Yellow BIUed Cuckoo Critical Habitat
Unit 47: AZ-35 Montosa Canyon
Santa Cruz County, Arizona
-~
l.. __,.-...............
,,-··-,.-···~·,,...·-·-'-,.._...--•---.--·--···,._
(~
/'·"···
0
--Road
-···-··· Rivers/Streams
~ CJtical Habitat
0.5
1
2
locational Index
lotter on DSKBCFDHB2PROD with PROPOSALS2
---====----■KJomaters
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EP27FE20.050</GPH>
0
2
Miles
0.5
0
11570
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(52) Unit 48: AZ–36, Patagonia
Mountains; Santa Cruz County, Arizona.
Map of Unit 48 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 48: AZ-36 Patagonia Mountains
Santa Cruz County, Arizona
--..
-~.r··-;"
_,,. )
\
/
..,...i
j
- - Road/Higllway
_,, _____ Rill'elSIStreams
~ Crtiail Habitat
2
Miles
0.5
lotter on DSKBCFDHB2PROD with PROPOSALS2
0 0.5 1
2
--==---Klometera
■
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11571
(53) Unit 49: AZ–37, Canelo Hills;
Santa Cruz County, Arizona. Map of
Unit 49 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 49: AZ-37 Canelo Hills
Santa Cruz County, Arizona
'·'""'-.•----:;r/
)
\
.........
./
__ _
\
River
- - Major Road
~:: .! County Boundary
E2Z] Critical Habitat
Other Critical Habitat Units
0
4
2
----=====-------■Miles
4
2
0
Locational Index
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lotter on DSKBCFDHB2PROD with PROPOSALS2
Kilometers
11572
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(54) Unit 50: AZ–38, Arivaca Lake;
Pima and Santa Cruz Counties, Arizona.
Map of Unit 50 follows:
Yet.low Billed Cuckoo Critical Habitat
Unit 50: AZ-38 Arivaca Lake
Santa Cruz and Pima Counties, Arizona
'\
···,
\.
l-~
·1.
- - Road/Highway
-···-··· Rlvers/Slfeams
f:: .!
County SoundaQ
EZ2] Crtical Habitat
0.5
0
0.5
1
2
locational Index
lotter on DSKBCFDHB2PROD with PROPOSALS2
--==----■Kllometers
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11573
(55) Unit 51: AZ–39, Peppersauce
Canyon; Pinal County, Arizona. Map of
Unit 51 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 51: AZ-39 Peppersauce Canyon
Pinal County, Arizona
,./.f
/
--~--~£
-···-···· River
- - Major Road
~:: .! County Boundary
1222:) Critical Habitat
0
0.25 0.5
1
••-====-••-•Miles
0 0.250.5
Kilometers
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lotter on DSKBCFDHB2PROD with PROPOSALS2
-
11574
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(56) Unit 52: AZ–40, Pena Blanca
Canyon; Santa Cruz County, Arizona.
Map of Unit 52 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 52: AZ-40 Pena Blanca Canyon
Santa Cruz County, Arizona
MEXICO
-···-··· River
- - Major Road
c:J National Boundary
E2Z:J Critical Habitat
2
---====-----•MIies
lotter on DSKBCFDHB2PROD with PROPOSALS2
0
VerDate Sep<11>2014
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2
Kilometars
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0.5
0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11575
(57) Unit 53: AZ–41, Box Canyon;
Pima County, Arizona. Map of Unit 53
follows:
Yellow Billed Cuckoo Critical Habitat
Unit 53: AZ-41 Box canyon
Pima County, Arizona
- - Higllway
-··-··· Rivers/Streams
(22;J Q'llk:al Habitat
1111 OlherCrllk:al Habitat Units
2
lotter on DSKBCFDHB2PROD with PROPOSALS2
0
VerDate Sep<11>2014
17:50 Feb 26, 2020
Jkt 250001
2
PO 00000
4
Miles
4
l<ilometers
Frm 00119
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0
11576
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(58) Unit 54: AZ–42, Rock Corral
Canyon; Santa Cruz County, Arizona.
Map of Unit 54 follows:
Yellow Bilted Cuckoo Critical Habitat
Unit 54: AZ-42 Rock Corral canyon
Santa Cruz County, Arizona
SANTA CRUZ CO
J·-···-.....
,,
\
\.
- - RoadiHlghway
--·-··· Rill erstStreams
~ Qitical Habitat
0
2
Miles
11.S
0.5
1
2
I.Dcational Index
lotter on DSKBCFDHB2PROD with PROPOSALS2
---====----■Kilometers
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II
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11577
(59) Unit 55: AZ–43, Lyle Canyon;
Santa Cruz and Cochise Counties,
Arizona. Map of Unit 55 follows:
Yellow Bilted Cuckoo Critical Habitat
Untt 55: AZ-43 Lyle Canyon
Santa Cruz and Cochise Counties. Arizona
.!\,
/
('
___;~··
!
i
\..,
(
·-\
/
/
.l
./
... .,.,...•--··
;
l
'
f
I
r-•r··-.. ._....._ ..~i
/
~/·
,/
-~---···
/'
6
,
'
--Highway
- ..·-··· Rivers
r::_--1 County aounda,y
~ Crilicat Habitat
1M Ottler Crlical Habitat Units
2
0.5
-
locational Index
lotter on DSKBCFDHB2PROD with PROPOSALS2
0•-==:::11---■1,rnes
0.5 1
2
VerDate Sep<11>2014
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PO 00000
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0
11578
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(60) Unit 56: AZ–44, Parker Canyon
Lake; Santa Cruz and Cochise Counties,
Arizona. Map of Unit 56 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 56: AZ-44 Parker Canyon Lake
Cochise and Santa Cruz Counties, Arizona
\
\ ... ,
\
l
/
,/
1···, )'
'i
i
(4,
✓--/<__;
.
_,,
_
$,.'
f
,..,,. '
I
,,.. / '
COCHJSE CO,
i
_,,
/
1>--'
~
~/
/
/
("···
~~_)' i"'"
1
) ~
·e
..1···~···
t~/ /
,..)
..I
l
- - Ro.adlHlghway
--·-··· RlllerslS\Team
C_-: JComty Boundaiy
~ Critical Habitat
-
Other Critical Habitat l.mlls
0
2
4
---c:::::====------Miies.
0
2
locational Index
4
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lotter on DSKBCFDHB2PROD with PROPOSALS2
l<ilometers
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11579
(61) Unit 57: AZ–45, Barrel Canyon;
Pima County, Arizona. Map of Unit 57
follows:
Yellow Billed Cuckoo Critical Habitat
Unit 57: AZ-46 Barrel canyon
Plma County, Arizona
/_..,-·
('
,../
..-·
_..//
--Highway
--·-··· RlverslS1reams
~ Clilical Habitat
1111 Other Crtical Habitat Units
0
0.5
2
Miles
2
tocatlooal Index
lotter on DSKBCFDHB2PROD with PROPOSALS2
--==----■Klomaers
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!1.5
!I
11580
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(62) Unit 58: AZ–46, Gardner Canyon;
Pima and Santa Cruz Counties, Arizona.
Map of Unit 58 follows:
Yellow Billed cuckoo Critical Habitat
Unit 58: AZ-46 Gardner canyon
Pl:ma and Santa Cruz Counties, Arizona
·--. .'..
~
........
-\,,,.,_
•
·-.\. ..,.\
............,......
••• --. __ t"'
'\
\.,
.....
~···,,··;~::::>·'-·,. ._. .~:::::~·''-•''
.,..~----~··· ~--.....
~~~~~
--Highway
--·-··· RNers/Streams
: ~ ~ ~: County Soundaly
IZ::ZI Critical Habl'tat
flll otherCl'ftical Habital Units
1.5
0
3
6
Miles
0
1.5
3
Locational Index
6
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11581
(63) Unit 59: AZ–47, Brown Canyon;
Pima County, Arizona. Map of Unit 59
follows:
Yellow Billed Cuckoo Critical Habitat
Unit 59: AZ-47 Brown Canyon
Pima County, Arimna
,,,. ..,~•-•-...-,,·
_.,r"
.,,,,..··
j''··-···-··-···/•'
..• ~···
--Highway
------- Rillers/Streams
~ Clitical Hamtat
2
Miles
4
locationaHndex
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0
4
2
0
11582
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(64) Unit 60: AZ–48, Sycamore
Canyon; Santa Cruz County, Arizona.
Map of Unit 60 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 60: AZ-48 Sycamore canyon Patagonia Mountains
Santa Cruz County, Arizona
SANTA CRUZ CO
!.----·.._,-··-"--✓
i
.__ _,,,,.
/
-~---'----........_....s·
..r·
l.
./
;-··•...-.---··-·-•-,-·v-··~........J·
/
-.....__
,·----.......
·-··--------,
~~-- --··-- -----
__ ._____
__
_;---,1\________ 1·
)
.!
i
(
·,
/""7
.,,,.,../
;
,.,.
I
/
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i
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- ..·-··· RillerslStreams
--Road
~ Critical Habitat
~ otherCritkal Habitat Units
0.5
2
---==::::::1••---M~es
0.5 1
2
0
lotter on DSKBCFDHB2PROD with PROPOSALS2
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(I
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11583
(65) Unit 61: AZ–49, Washington
Gulch; Santa Cruz County, Arizona.
Map of Unit 61 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 61: AZ-49 Washington Gulch
Santa Cruz County, Arizona
_,__
......___ _
'--. ....... ~--.---..
_.
."":.)
'-"\
---- __ -~
,
·,-----.
..._
...__
-.\.,._
---.
....._ ________
·-.l ..... . ,_
-........
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\
\
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,. ------~-
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i.
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·, _______ ·,_
:. .~_
-!'............,,,-·-.,..,...--\'"'-__
/",
.. /
\._
·...__
\ '-........
,_
_
\ ARIZONA
\ ..
MEXICO
0
-···-··· Rflers/Streams
CJ Na!ionalBoundary
~ Clitical Habitat
other Crtical Habitat Units
1
2
4
••••-=====::::i•••••••••Mi!es
2
4
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0
0
11584
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(66) Unit 62: AZ–50, Paymaster
Spring and Mowry Wash; Santa Cruz
County, Arizona. Map of Unit 62
follows:
Yellow Billed Cuckoo Critical Habitat
Unit 62: AZ-50 Paymaster Springs and MCMIY Wash
Santa Cruz County, Arizona
........................ ~ ..........., .._, ........ "-...,,...•-··---,.
-···---- RNerslStreams
--Road
~ Cmcal Habitat
1111 OtherCrtical Habllal Units
0.5
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2
--===---Kilometers
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I)
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(67) Unit 63: CA–1, Sacramento River,
Colusa, Glenn, Butte, and Tehama
11585
Counties, California. Map of Unit 63
follows:
Yellow Billed Cuckoo Critical Habitat
Unit 63: CA-1 Sacramento River
Colusa, Glenn, Butta, and Tehama Counties, California
- - Road/Highway
----- Rivers/Streams
~ _-:] County Boundary
~ Critical Habitat
--c===----Miles
0
0
5
5
20
10
10
Locational Index
20
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■
11586
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(68) Unit 64: CA–2, South Fork Kern
River Valley; Kern County, California.
Map of Unit 64 follows:
YellQ1!Y BHl!KI Cuckoo ~rit~l ...,t,itat
Uriit64~ CA-2South Fork Kern FtivfrYalley
Kem County, C81~mia
..
..;,;~:.;;,__ Rw~is/Sti:~ams
-.-.- MljotRl'.ia:<f
~.ciitltaiHa!iitit
•4·
. lk\s
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11587
(69) Unit 65: ID–1, Snake River 1;
Bannock and Bingham Counties, Idaho.
Map of Unit 65 follows:
Yellow Billed Cuckoo Cri1ical Habitat
Unit 65: 10-1 Snake River 1
Bannock and Bingham Counties, Idaho
\ .........,
~\
BINGHAMCO
.,,/
,.·(
\
t>:
...•
;_
/
/
- ..·-··· Rivers/Streams
- - Road/Highway
~ : : ] County Bourn:lary
l222J Clitlcal Habitat
2
4
s
locational Index
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0
8
Miles
2
0
11588
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(70) Unit 66: ID–2, Snake River 2;
Bonneville, Madison, and Jefferson
Counties, Idaho. Map of Unit 66 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 66: 1D-2 Snake Rlver2
Bonneville, Madison, and Jefferson Counties, Idaho
__
.,...
__,,._-_
't
I
1
I
I
I
JEFFERSON CO~
I
'
MADISON CO
BONNEV1llE CO
0
--·-··· RtlerslStreams
- - Road/Highway
f_-:] County Boundary
~ Cntical Habitat
1111 OtllerCrilical Habitat Units
25
0
5
10
---====-----Mites
0
25
5
10
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11589
(71) Unit 67: ID–3, Henry’s Fork and
Teton Rivers; Madison and Fremont
Counties, Idaho. Map of Unit 67 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 67: ID-3 Henry's Fork, Teton River
Madison and Freemont Counties, Idaho
FREMONTCO
..-··i
i
-----~::t~??,-- )-i
/
-··
l ,.UNIT67
j
\
-----
...
/->~;~~1;
!
i
.--~~:;~7-1
..-·••-"''
.. --..-·•·-···,i''
..
/--···-)
...---·1
I
\ /,·-'
--·--r::::.
rr-···
i, ..•-··_j ~17'~~~°"\,.-:::::::::::-1
\
1
\ ..,···
·-· rt,-:;:,
\ I
}Jc· ~
\-{..7
'••. cgr..'-
i.
'1
r··\..
i t'-l"l'..,,,.'¥><1'
I•'
-···-··· RNers/Streams
- - Road/Highway
( : : ] Comly Soundll!Y
~ Critical Habitat
2
2
4
--==---Kilometers
■
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EP27FE20.070</GPH>
0
11590
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(72) Unit 68: CO–1, Colorado River;
Mesa County, Colorado. Map of Unit 68
follows:
Yellow BIiied Cuckoo Critical Habitat
Unit 68: C0-1 Colorado River
Mesa County, Colorado
MESA CO
-··-··· River
- - Major Road
~ - - .! County Boundary
~ Critical Habitat
25
5
10
lotter on DSKBCFDHB2PROD with PROPOSALS2
---c::::===:::::i-----•Miles
0
25
5
10
--====----Kilomete!"s
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E:\FR\FM\27FEP2.SGM
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0
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11591
(73) Unit 69: CO–2, North Fork
Gunnison River; Delta County,
Colorado. Map of Unit 69 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 69: C0-2 North Fork Gunnison River
Delta County, Colorado
-·..-··· RilferslStreams
- - Road/Htgnway
~ Cdllcal Habitat
2
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2
4
--==---Kilometers
■
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0
11592
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(74) Unit 70: UT–1, Green River 1;
Uintah and Duchesne Counties, Utah.
Map of Unit 70 follows:
Yellow Billed Cuckoo Critical Habitat
Unit 70: UT-1 Green River1
Uintah and Duchesne Counties, Utah
\
\l
\
'""t__,
I
~----,"}
I...,___
I
DUCHESNE\\
~-~
co
\
0
\
-···---- RN ers/Streams
- - Road/Highway
~: ~ JCounty Boundruy
E2Z] Cfilical Habitat
0
3
12
6
---===-----Miles
0
3
6
Locational Index
12
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
11593
(75) Unit 71: UT–2, Green River 2;
Emery and Grand Counties, Utah. Map
of Unit 71 follows:
Yellow Siled Cuckoo Critical Habitat
Unit 71: UT-2 Green River2
Grand and Emery Counties, Utah
----~---...__,,,-,,,.,,,..--_.,,,..
~
- - Road/Highway
-·----- Rtters/Slreams
f:: ~
County Boundaiy
~ C!llcal Habitat
0.5
0 U5 1
2
Miles
1.
2
Locational Index
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■
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II
11594
Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Proposed Rules
(76) Unit 72: TX–1, Terlingua Creek
and Rio Grande; Brewster County,
Texas. Map of Unit 72 follows:
Yellow Blled Cuckoo CrilcaJ Habitat
Unit 72: TX-1 Ter1ingua Creek and Rio Grande
BrewstBrCounty, Texas
MEXICO
0
--·-··· Riverslstraams
- - Roacl/Higilway
D
statelCoumJY aoumlary
[zZI Critical Habitat
0
0
*
*
*
5
10
Miles
10
tocaliooal Index
Kilometers
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
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5
25
25
]]>Agencies
[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]]
-----------------------------------------------------------------------
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: https://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 https://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 https://www.regulations.gov at Docket No. FWS-R8-ES-2013-0011, and at the
Sacramento Fish and Wildlife Office at https://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 https://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 https://www.regulations.gov at Docket No. FWS-R8-ES-2013-0011 and at the
Sacramento Fish and Wildlife Office at https://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 https://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 https://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 https://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 https://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
https://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 https://www.regulations.gov at Docket No. FWS-R8-ES-
2013-0011, and at the Sacramento Fish and Wildlife Office at https://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
https://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 (< 1 ha) being privately owned.
Following the publication of the 2014 proposed rule, we received
additional information on western yellow-billed cuckoo occupancy in
Madrean evergreen woodland drainages that supports inclusion as
critical habitat (MacFarland and Horst 2015, entire). 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. There have been multiple sightings of western yellow-billed
cuckoo using this drainage in the months of July-September in almost
every year during the period 2000-2015 (Cornell Lab of Ornithology 2016
(eBird data)). Up to six territories or potential pairs were found
during western
[[Page 11491]]
yellow-billed cuckoo surveys in 1999 (Corman and Magill 2000, p. 51).
During 2015 surveys, three territories were detected, including one
territory with a pair and another territory with a western yellow-
billed cuckoo carrying food (MacFarland and Horst 2015, pp. 25-26). 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. This unit is contained within the Sycamore Canyon/
Pajarito Mountains IBA, with western yellow-billed cuckoos identified
as one of the breeding birds (National Audubon Society 2016h, entire).
Unit 46: AZ-34 Madera Canyon; Pima and Santa Cruz Counties, Arizona
Revised proposed critical habitat Unit AZ-34 is 1,732 ac (701 ha)
in extent and is a 7-mi (11-km)-long continuous segment of Madera
Canyon in Pima and Santa Cruz Counties, Arizona. Approximately 1,419 ac
(574 ha) is in Federal ownership, and 313 ac (127 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 as critical habitat (MacFarland and Horst 2015,
entire). This unit in Madera Canyon includes many western yellow-billed
cuckoo detections by birders throughout this reach between 1998 and
2014 (Cornell Lab of Ornithology 2016 (eBird data)). The mouth of lower
Madera Canyon is an area with numerous western yellow-billed cuckoo
detections in multiple years (Cornell Lab of Ornithology 2016 (eBird
data)). Tucson Audubon documented one occupied territory found
consistently in lower Madera Canyon during protocol surveys during the
breeding season in 2015 (MacFarland and Horst 2015, pp. 105-106). 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. This unit is within the Santa Rita Mountains IBA
(National Audubon Society 2016f, entire), one of the sky islands in
southeastern Arizona.
Unit 47: AZ-35 Montosa Canyon; Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-35 is 499 ac (202 ha) in
extent and is a 4-mi (6-km)-long continuous segment of Montosa Canyon
in Santa Cruz County, Arizona. Approximately 496 ac (201 ha) is in
Federal ownership, and 3 ac (1 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 as
critical habitat. Five territories, including four pairs, were found
during surveys in 2015 (MacFarland and Horst 2015, pp. 103-104; Sferra
2015, entire). Many western yellow-billed cuckoos have been detected by
birders for at least the last 4 years (Cornell Lab of Ornithology 2016
(eBird data)). 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). This 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. This canyon contains dense vegetation along the creek
that flows through the bottom of the canyon, and the sloping vegetated
canyon walls provide additional foraging opportunities (MacFarland and
Horst 2015, p. 103). This unit is within the Santa Rita Mountains IBA
(National Audubon Society 2016f, entire), one of the sky islands in
southeastern Arizona.
Unit 48: AZ-36 Patagonia Mountains, Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-36 is 1,912 ac (774 ha)
in extent and is an 11-mi (17-km)-long segment made up of several
drainages in the Patagonia Mountains in Santa Cruz County, Arizona.
Approximately 1,059 ac (429 ha) is in Federal ownership; 8 ac (3 ha) is
in State ownership; and 845 ac (341 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 as critical habitat (MacFarland and Horst 2015, entire). A
popular birding destination, there have been multiple postings in eBird
of western yellow-billed cuckoos using this drainage in the months of
July-September in the period 2000-2015 (Cornell Lab of Ornithology 2016
(eBird data)). Western yellow-billed cuckoos were detected in eight
locations during 2012 surveys in riparian vegetation along 2.2 mi (3.5
km) of Harshaw Creek, along 2.1 mi (3.3 km) of Corral Canyon, and along
1.4 mi (2.2 km) of Hermosa Canyon (WestLand Resources, Inc. 2013a, pp.
2-3). Four locations were in Harshaw Creek, four were in Corral Canyon,
and two were in Hermosa Canyon (WestLand Resources, Inc. 2013a, p. 4).
Western yellow-billed cuckoos were in ephemeral drainages,
[[Page 11492]]
except for one Hermosa Canyon detection on a hilltop of sparse oak
trees and manzanita (WestLand Resources, Inc. 2013a, p. 5). Western
yellow-billed cuckoos were detected along 8 of the survey transects at
a total of 46 separate locations in an expanded 2013 survey in Harshaw
Creek and an unnamed tributary, Hermosa Creek, Goldbaum Creek, Corral
Canyon and two unnamed tributaries, and Willow Springs Canyon (WestLand
Resources, Inc. 2013b, pp. 4-5). Surveyors documented seven possible
breeding occurrences and two probable breeding occurrences (WestLand
Resources, Inc. 2013b, pp. 7-9). Probable breeding locations were
defined by two western yellow-billed cuckoos exchanging calls at the
same location, and possible breeding locations were defined as multiple
detections in the same location across more than one survey period
(WestLand Resources, Inc. 2013b, pp. 8-9). 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 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 (monsoonal events). Western yellow-billed cuckoos were
largely associated with oak, juniper, and scattered sycamore vegetation
along drainages, but they were also detected in upland areas dominated
by nonriparian associated shrubs and oak trees (WestLand Resources,
Inc. 2013, p. 3).
The Patagonia Mountains IBA is within one of southern Arizona's sky
islands and is composed of Madrean evergreen woodland habitat dominated
by oak-juniper, oak-pine, and pine oak communities surrounded by
grasslands and desert (National Audubon Society 2016i, entire). The
many canyons and drainages that cut through these mountains support
riparian vegetation. The extent of the oak-juniper community type
habitat, with sycamores in drainages, is continuous throughout this
range.
Unit 49: AZ-37 Canelo Hills, Santa Cruz County
Revised proposed critical habitat Unit AZ-37 is 2,822 ac (1,142 ha)
in extent and is an 11.5-mi (18.5-km)-long of a drainage within Santa
Cruz County, Arizona. Approximately 1,381 ac (559 ha) is in Federal
ownership; 1 ac (less than 1 ha) is in State ownership; and 1,440 ac
(583 ha) is in other ownership. Following the publication of the 2014
proposed rule, we received survey information, as identified below, on
western yellow-billed cuckoo occupancy and habitat use that confirms
occupancy at the time of listing which supports the addition of this
unit to the proposed designation of critical habitat.
Western yellow-billed cuckoos occupy the trees bordering creeks and
cienega wetlands and have been detected during the breeding season in
several years, including a pair each on August 27, 1998, at Canelo
Hills Cienega and Turkey Creek (Corman and Magill 2000, p. 43; Cornell
Lab of Ornithology 2016 (eBird data)). Western yellow-billed cuckoos
have been detected incidentally in this unit for many years from 1967
through 1998 (Arizona Game and Fish Department 2016, entire) and more
recently on June 19, 2001, September 28, 2011, August 13, 2013, and
June 23, 2014 (Cornell Lab of Ornithology 2016 (eBird data)). The first
year of protocol surveys were conducted in 2015, with western yellow-
billed cuckoos detected on July 16, July 26 (two western yellow-billed
cuckoos in different areas), July 31, August 5 (two western yellow-
billed cuckoos in different areas), and August 29 (Audubon Arizona
2015, entire).
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). This 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.
Unit 50: AZ-38 Arivaca Lake, Pima and Santa Cruz Counties, Arizona
Revised proposed critical habitat Unit AZ-38 is 1,365 ac (553 ha)
in extent and is a 9-mi (14-km)-long continuous segment of stream near
Arivaca Lake in Pima and Santa Cruz Counties, Arizona. Approximately
567 ac (229 ha) is in Federal ownership; 417 ac (169 ha) is in State
ownership; and 381 ac (154 ha) is in other ownership. Following the
publication of the 2014 proposed rule, we received additional
information on western yellow-billed cuckoo occupancy and habitat use
from the time of listing and shortly thereafter (2015) that supports
inclusion as critical habitat (MacFarland and Horst 2015, entire).
Tucson Audubon detected seven occupied territories with repeated
detections, including three pairs, where they surveyed at and near the
lake in 2015 (MacFarland and Horst 2015, pp. 17-18). The seven
territories documented is likely an underestimate, as only a small
portion of suitable habitat was surveyed. Western yellow-billed cuckoos
were detected at the lake on every visit during 2015, and habitat
surrounding the lake and side canyons is considered highly suitable.
Some parts of the lake were only surveyed once in 2015 due to safety
concerns and the difficulty of walking in rough terrain and through
dense vegetation (MacFarland and Horst 2015, pp. 17-18). Additional
records exist from previous years (Cornell Lab of Ornithology 2016
(eBird data). Although some of the sightings are from after the time of
listing, we believe the site was used by the western yellow-billed
cuckoo based on past records and habitat conditions.
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 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,
[[Page 11493]]
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
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.
Unit 51: AZ-39 Peppersauce Canyon, Pinal County, Arizona
Revised proposed critical habitat Unit AZ-39 is 349 ac (141 ha) in
extent and is a 4-mi (6-km)-long continuous segment of stream within
Peppersauce Canyon in Pinal County, Arizona. Approximately 317 ac (128
ha) is in Federal ownership, and 32 ac (13 ha) is in other ownership.
Following the publication of the first western yellow-billed cuckoo
critical habitat proposed rule, we received additional information on
western yellow-billed cuckoo occupancy and habitat use in Madrean
evergreen woodland drainages that supports inclusion as critical
habitat. Tucson Audubon detected western yellow-billed cuckoos on two
surveys in 2015, including a pair in August, the first year this area
has been surveyed (MacFarland and Horst 2015, pp. 53-54). Although
these sightings are from after the time of listing, we believe the site
was used by the western yellow-billed cuckoo based on occupancy in
nearby areas and habitat conditions.
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). This 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. Dominant overstory vegetation in occupied habitat
consists of oak, sycamore, cottonwood, mesquite, walnut, and ocotillo
(MacFarland and Horst 2015, p. 122).
Unit 52: AZ-40 Pena Blanca Canyon, Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-40 is 484 ac (196 ha) in
extent and is a 7-mi (11-km)-long continuous segment of stream within
Pena Blanca Canyon in Santa Cruz County, Arizona. Approximately 483 ac
(196 ha) is in Federal ownership, and less than 1 ac (1 ha) is in other
ownership. Following the publication of the first western yellow-billed
cuckoo critical habitat proposed rule, we received additional
information on western yellow-billed cuckoo occupancy and habitat use
in Madrean evergreen woodland drainages that supports inclusion as
critical habitat (MacFarland and Horst 2015, entire). Tucson Audubon
detected three western yellow-billed cuckoo territories, including two
pairs during surveys in 2015 (MacFarland and Horst 2015, pp. 21-22).
Western yellow-billed cuckoos were detected on all four surveys in
2015, including a western yellow-billed cuckoo on a nest, and a western
yellow-billed cuckoo carrying what appeared to be food at a different
location. An adult was observed feeding a large caterpillar to a
fledgling on September 19, 2014 at Pena Blanca Lake (Helentjaris 2014,
entire). Western yellow-billed cuckoos have been documented in other
years at this site as well, with data from birder listserves and eBird
(Cornell Lab of Ornithology 2016 (eBird data)). Although these
sightings are from after the time of listing, we believe the site was
used by the western yellow-billed cuckoo based on occupancy in nearby
areas and habitat conditions.
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 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). This 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. Overstory
vegetation at occupied territories is primarily oak and willow, with
small amounts of juniper and ash (MacFarland and Horst 2015, p. 121).
Unit 53: AZ-41 Box Canyon, Pima County, Arizona
Revised proposed critical habitat Unit AZ-41 is 536 ac (217 ha) in
extent and is a 7-mi (11-km)-long continuous segment of stream within
Box Canyon in Pima County, Arizona. Approximately 317 ac (128 ha) is in
Federal ownership; 184 ac (74 ha) is in State ownership; and 34 ac (14
ha) is in other ownership. Following the publication of the first
western yellow-billed cuckoo critical habitat proposed rule, we
received additional information on western yellow-billed cuckoo
occupancy and habitat use in Madrean evergreen woodland drainages that
supports inclusion as critical habitat (MacFarland and Horst 2015,
entire). Tucson Audubon detected two western yellow-billed cuckoo
territories on three surveys in 2015, including the observation of a
western yellow-billed cuckoo carrying food, an indication of a likely
active nest (MacFarland and Horst 2015, pp. 97-98). A western yellow-
billed cuckoo was also observed carrying food to a nest on August 28,
2013, at a different location (Sebesta 2014, entire). Other
observations of western yellow-billed cuckoos in Box Canyon have been
reported by birders during the breeding season in more than one year
(Cornell Lab of Ornithology 2016 (eBird data)). Although some of these
sightings are from after the time of listing, we believe the site was
used by the western yellow-billed cuckoo based on records at the time
of listing, occupancy in nearby areas, and habitat conditions. This
unit is within the Santa Rita Mountains IBA (National Audubon Society
2016f, entire) (see description under Unit 43; AZ-31 Florida Wash).
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
[[Page 11494]]
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). This 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. Overstory vegetation in occupied habitat is primarily
mesquite, ash, ocotillo, willow, oak, sycamore, hackberry, and juniper
(MacFarland and Horst 2015, p. 124). Midstory vegetation in occupied
habitat includes desert cotton, walnut, coursetia (Coursetia sp.),
mesquite, Cercocarpus sp., and sotol (Dasylirion wheeleri) (MacFarland
and Horst 2015, p. 129). Understory vegetation in occupied habitat
includes sideoats gramma, brickellia (Brickellia sp.), nonnative
Bermuda grass, Lehman's lovegrass, Johnson grass, and cocklebur
(Xanthium sp.) (MacFarland and Horst 2015, p. 134).
Unit 54: AZ-42 Rock Corral Canyon, Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-42 is 214 ac (87 ha) in
extent and is a 3-mi (5-km)-long continuous segment of stream within
Rock Corral Canyon in Santa Cruz County, Arizona. Approximately 190 ac
(77 ha) is in Federal ownership, and 25 ac (10 ha) is in State
ownership. Following the publication of the first western yellow-billed
cuckoo critical habitat proposed rule, we received additional
information on western yellow-billed cuckoo occupancy and habitat use
in Madrean evergreen woodland drainages that supports inclusion as
critical habitat (MacFarland and Horst 2015, entire). This canyon is
part of the Tumacacori Mountains, with high bird and plant diversity
(MacFarland and Horst 2015, p. 23). Two occupied territories, including
one breeding pair, were detected during the 2015 surveys (MacFarland
and Horst 2015, pp. 23-24). Detections during the breeding season have
also been documented by other observers in 2015 and 2011, including a
probable breeding pair in 2011 (Cornell Lab of Ornithology 2016 (eBird
data)). Although some of these sightings are from after the time of
listing, we believe the site was used by the western yellow-billed
cuckoo based on records at the time of listing, occupancy in nearby
areas, and habitat conditions.
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). This 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. Overstory vegetation in occupied habitat is primarily
mesquite, with some oak and cottonwood (MacFarland and Horst 2015, p.
121).
Unit 55: AZ-43 Lyle Canyon, Santa Cruz and Cochise Counties, Arizona
Revised proposed critical habitat Unit AZ-43 is 1,293 ac (523 ha)
in extent and is a 7.5-mi (12-km)-long continuous segment of stream
within Lyle Canyon in Santa Cruz and Cochise Counties, Arizona.
Approximately 716 ac (290 ha) is in Federal ownership, and 577 ac (234
ha) is in other ownership. Following the publication of the first
western yellow-billed cuckoo critical habitat proposed rule, we
received additional information on western yellow-billed cuckoo
occupancy and habitat use in Madrean evergreen woodland drainages that
supports inclusion as critical habitat (MacFarland and Horst 2015,
entire). Two western yellow-billed cuckoo territories, including a
pair, were detected on three surveys in July and August 2015, in Korn
Canyon, near the confluence with Lyle Canyon (MacFarland and Horst
2015, pp. 35-36). Two pairs of western yellow-billed cuckoos were
detected on four surveys in July and August 2015, in Lyle Canyon
(MacFarland and Horst 2015, pp. 33-34). Although these sightings are
from after the time of listing, we believe the site was used by the
western yellow-billed cuckoo based on occupancy in nearby areas and
habitat conditions.
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 is considered
occupied at the time of listing. The site also provides a movement
corridor and migratory stop-over location and was considered 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 (monsoonal
events). More specifically, this site 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. Occupied overstory habitat in Korn Canyon is dominated by oak
and juniper, with some sycamore and ash (MacFarland and Horst 2015, pp.
121-122). Occupied overstory habitat in Lyle Canyon is dominated by oak
and juniper, with some sycamore, pinion pine, and walnut (MacFarland
and Horst 2015, p. 122).
Unit 56: AZ-44 Parker Canyon Lake, Santa Cruz and Cochise Counties,
Arizona
Revised proposed critical habitat Unit AZ-44 is 1,499 ac (607 ha)
in extent and is a 10.5-mi (16-km)-long continuous segment of stream
near Parker Canyon Lake in Santa Cruz and Cochise Counties, Arizona.
Approximately 1,424 ac (576 ha) is in Federal ownership, and 75 ac (31
ha) is in other ownership. Following the publication of the first
western yellow-billed cuckoo critical habitat proposed rule, we
received additional information on western yellow-billed cuckoo
occupancy and habitat use in Madrean evergreen woodland drainages that
supports inclusion as critical habitat. Western yellow-billed cuckoos
were detected on three western yellow-billed cuckoo surveys in July and
August 2015, in Collins Canyon, including a pair (MacFarland and Horst
2015, pp. 29-
[[Page 11495]]
30). Western yellow-billed cuckoos were detected on four surveys in
July and August 2015, in Merritt Canyon (MacFarland and Horst 2015, pp.
37-38). Western yellow-billed cuckoos were documented at Parker Canyon
Lake in 2015 by birders in August (Cornell Lab of Ornithology 2016
(eBird data)). Although these sightings are from after the time of
listing, we believe the site was used by the western yellow-billed
cuckoo based on occupancy in nearby areas and habitat conditions.
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). More
specifically, this site contains 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. Dominant overstory vegetation in occupied habitat in Collins
and Merritt canyons consists of juniper and oak, with ash, pine,
cottonwood, and walnut (MacFarland and Horst 2015, pp. 121-122).
Merritt Canyon, north of Parker Canyon Lake, is a shallow and wide
drainage with large trees and flowing water (MacFarland and Horst 2015,
p. 37). Western yellow-billed cuckoo were observed in Merritt Canyon on
Forest Service land as well as private inholding that contained large,
ornamental trees and a large turf lawn.
Unit 57: AZ-45 Barrel Canyon, Pima County, Arizona
Revised proposed critical habitat Unit AZ-45 is 920 ac (372 ha) in
extent and is a 5-mi (8-km)-long continuous segment of stream within
Barrel Canyon in Pima County, Arizona. Approximately 755 ac (306 ha) is
in Federal ownership; less than 1 ac (1 ha) is in State ownership; and
164 ac (66 ha) is in other ownership. Following the publication of the
first western yellow-billed cuckoo critical habitat proposed rule, we
received additional information on western yellow-billed cuckoo
occupancy and habitat use in Madrean evergreen woodland drainages that
supports inclusion as critical habitat. Western yellow-billed cuckoos
were documented during protocol surveys in the summers of 2013, 2014,
and 2015 in this unit (WestLand Resources, Inc. 2015a, pp. 2-4;
Westland Resources 2015b, entire; Westland Resources 2015c, entire.
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). This 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. Vegetation associated with these
detections was Emory oak (Quercus emoryi), Arizona white oak (Q.
arizonica), velvet mesquite, and desert willow, with an occasional
Arizona sycamore, Arizona walnut, and Goodding's willow and alligator
juniper (along sandy bottom drainages lacking perennial surface water.
Unit 58: AZ-46 Gardner Canyon; Pima and Santa Cruz Counties, Arizona
Revised proposed critical habitat Unit AZ-46 is 5,081 ac (2,056 ha)
in extent and is a 14-mi (23-km)-long continuous segment of stream
within Gardner Canyon in Pima and Santa Cruz Counties, Arizona.
Approximately 4,320 ac (1,748 ha) is in Federal ownership; 290 ac (117
ha) is in State ownership; and 471 ac (191 ha) is in other ownership.
This unit includes suitable habitat within the Las Cienegas National
Conservation Area (NCA) that connects Gardner Canyon with upper Cienega
Creek.
Western yellow-billed cuckoos were detected within this drainage at
the Las Cienegas NCA Cottonwood Tanks on August 19, 2012, and June 10
and July 9, 2014 (Cornell Lab of Ornithology 2016 (eBird data)).
Western yellow-billed cuckoos were detected on June 23, 2001 (Cornell
Lab of Ornithology 2016 (eBird data)), in 2002 (Arizona Game and Fish
Department 2016, entire), and on July 25, 2015 (Cornell Lab of
Ornithology 2016 (eBird data)) along Gardner Canyon or Gardner Canyon
Road in Coronado National Forest. All detections were incidental; no
western yellow-billed cuckoo protocol surveys have been conducted in
Gardner Canyon.
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). This 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. Habitat in Gardner Canyon is
Madrean evergreen woodland with oak, desert willow, mesquite, and
juniper. The drainage is intermittent during the monsoonal rain season.
Unit 59: AZ-47 Brown Canyon; Pima County, Arizona
Revised proposed critical habitat Unit AZ-47 is 1,113 ac (451 ha)
in extent and is an 8-mi (13-km)-long continuous segment of stream
within Brown Canyon in Pima County, Arizona. Approximately 726 ac (294
ha) is in Federal ownership; 228 ac (92 ha) is in State ownership; and
159 ac (65 ha) is in other ownership. Western yellow-billed cuckoos
were detected by birders during the breeding season on August
[[Page 11496]]
29-September 1, 2005, and June 25, 2015 (American Birding Association
2012, entire; Cornell Lab of Ornithology 2016 (Bird data)). Nesting has
been confirmed in Brown Canyon (B. Powell, unpublished data as reported
in Pima County 2016, p. A-78; Corson 2018, pp. 11-12). In addition,
they have also been observed during the breeding season by Buenos Aires
National Wildlife Refuge staff (Flatland 2011, entire).
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). This 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. Brown Canyon includes a broad
mix of dominant plant species that change with elevation and
topography. At lower elevations, vegetation is predominantly Sonoran
Desert uplands; at higher elevations, vegetation is predominantly oak
woodlands (Powell and Steidl 2015, p. 68). Vegetation includes a mix of
mesquite, oaks, hackberry, sycamore, walnut, acacia, Mimosa sp., and
juniper (Powell and Steidl 2015, pp. 67, 69).
Unit 60: AZ-48 Sycamore Canyon, Patagonia Mountains; Santa Cruz County,
Arizona
Revised proposed critical habitat Unit AZ-48 is 604 ac (245 ha) in
extent and is a 5-mi (8-km)-long continuous segment of stream within
Sycamore Canyon in Santa Cruz County, Arizona. The unit is entirely
within Federal lands within the Coronado National Forest. Sycamore
Canyon is a well-vegetated riparian corridor in Madrean evergreen
woodland in the Patagonia Mountains. This site was surveyed only twice,
but western yellow-billed cuckoos were detected at two locations on
August 4 and 18, 2015, during protocol surveys (MacFarland and Horst
2015, pp. 91, 92). Numerous western yellow-billed cuckoos have been
incidentally detected within this mountain range in multiple years,
especially along Harshaw Creek (Cornell Lab of Ornithology 2016 (eBird
data)). This unit lies within the Patagonia Mountains IBA.
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). This 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. Dominant overstory vegetation
where western yellow-billed cuckoos have been found during surveys was
primarily oak, ash, cottonwood, and mesquite, and dominant midstory
vegetation was mesquite, Baccharis sp., ash, Mimosa sp., grape, and
skunkbush (Rhus trilobata) (MacFarland and Horst 2015, pp. 91, 124,
129).
Unit 61: AZ-49 Washington Gulch; Santa Cruz County, Arizona
Revised proposed critical habitat Unit AZ-49 is 587 ac (237 ha) in
extent and is a 5-mi (8-km)-long continuous segment of stream within
Washington Gulch in Santa Cruz County, Arizona. Approximately 361 ac
(146 ha) is in Federal ownership, and 226 ac (91 ha) is in other
ownership. Washington Gulch is a riparian corridor in Madrean evergreen
woodland in the Patagonia Mountains in the Coronado National Forest. A
September 2, 2014, entry in eBird noted that a western yellow-billed
cuckoo was calling during the field season (Cornell Lab of Ornithology
2015 (eBird data)). A western yellow-billed cuckoo was detected in the
same general area during protocol surveys on July 22 and August 19 in
2015 in Washington Gulch (MacFarland and Horst 2015, pp. 91-94). This
unit lies within the Patagonia Mountains IBA.
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). This 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. This drainage contains an
overstory of large oak trees with some juniper and a midstory of
manzanita and juniper (MacFarland and Horst 2015; pp. 93, 124, 129).
Unit 62: AZ-50 Paymaster Spring and Mowrey Wash; Santa Cruz County,
Arizona
Revised proposed critical habitat Unit AZ-50 is 903 ac (365 ha) in
extent and is made up of segments of stream within Paymaster Spring and
Mowrey Wash totaling 5.5 mi (8.8 km) in Santa Cruz County, Arizona.
Approximately 390 ac (158 ha) is in Federal ownership, and 512 ac (207
ha) is in other ownership. Paymaster Creek is a riparian corridor in
Madrean evergreen woodland in the Patagonia Mountains in the Coronado
National Forest. A western yellow-billed cuckoo was detected
incidentally on June 18, 2010, and during protocol surveys on July 7
and 22, 2015 (MacFarland and Horst 2015, p. 89). This unit lies within
the Patagonia Mountains IBA.
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
[[Page 11497]]
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). This 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. Oak,
juniper, and some pine were the most dominant tree species where
western yellow-billed cuckoos were detected during surveys (MacFarland
and Horst 2015, p. 123).
Unit 63: CA-1 Sacramento River; Colusa, Glenn, Butte, and Tehama
Counties, California
Revised proposed critical habitat unit CA-1 is 35,406 ac (14,328
ha) in extent and is a 69-mi (111-km)-long continuous segment of the
Sacramento River starting 5 mi (8 km) southeast of the city of Red
Bluff in Tehama County, California, to the downstream boundary of the
Colusa-Sacramento River State Recreation Area next to the town of
Colusa in Colusa County, California. The middle segment of this river
reach flows through Butte and Glenn Counties. Approximately 2,123 ac
(859 ha) is in Federal ownership; 485 ac (197 ha) is in State
ownership; and 32,800 ac (13,274 ha) is in other ownership. 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 site has
been a significant nesting area (nearly 100 nesting pairs in early
1970s) for the western yellow-billed cuckoo in the past but has been in
decline (Dettling and Howell 2011a, pp. 30-35; Dettling and Howell
2011b, entire; Dettling et al. 2015, p. 2). Survey efforts in the early
1970s detected approximately 3 western yellow-billed cuckoo detections
per day (60-96 nesting pairs). In the late 1980s this number dropped to
less than 1.5 per day (35 nesting pairs) and in 2012 the survey efforts
identified 1 to less than 1 sighting per day (28 nesting pairs)
(Dettling et al. 2015, pp. 11-13). 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. It is an
important area to maintain for occupancy to promote species recovery.
Minor revisions to the unit from the 2014 proposed designation include
removal of orchard areas, agricultural lands, and roadways.
Unit 64: CA-2 South Fork Kern River Valley; Kern County, California
Revised proposed critical habitat Unit CA-2 is 2,640 ac (1,068 ha)
in extent and is a 13-mi (21-km)-long continuous segment of the South
Fork Kern River from west of the settlement of Canebrake downstream to
Lake Isabella and includes the upper 0.6 mi (1.0 km) of Lake Isabella
in Kern County, California. Approximately 88 ac (35 ha) is in Federal
ownership; 419 ac (170 ha) is in State ownership; and 2,133 ac (863 ha)
is in other ownership. Much of the privately owned land is owned and
managed by Audubon California as the Kern River Preserve. Numbers of
breeding western yellow-billed cuckoos have been relatively consistent
at this site. The enlargement of this site from the 2014 proposed
designation is based on recent observations in 2000 and 2014 of western
yellow-billed cuckoos on the Canebrake Ecological Reserve. Western
yellow-billed cuckoos were found in the expanded area in the 1980s and
early 1990s, but none were found in the late 1990s, so the area wasn't
included in the original proposal. The habitat at this site is
improving based on reduction of cattle grazing and habitat restoration
activities. 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 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 provides a stop-over area or movement
corridor between western yellow-billed cuckoos breeding on the Colorado
River and the Sacramento River. We have identified approximately 1,370
ac (555 ha) for potential exclusion from this unit (see Consideration
of Impacts Under Section 4(b)(2) of the Act).
Unit 65: ID-1 Snake River 1; Bannock and Bingham Counties, Idaho
Revised proposed critical habitat unit ID-1 is 9,655 ac (3,907 ha)
in extent and is a 22-mi (35-km)-long continuous segment of the Snake
River from the upstream end of the American Falls Reservoir in Bannock
County upstream to a point on the Snake River approximately 2 mi (3 km)
west of the Town of Blackfoot in Bingham County, Idaho. Approximately
3,694 ac (1,494 ha) is in Federal ownership; 1,763 ac (713 ha) is in
State ownership; 2,527 ac (1,023 ha) is in Tribal ownership; and 1,672
ac (676 ha) is in other ownership. 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 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 is
consistently occupied by western yellow-billed cuckoos during the
breeding season. The unit is at the northern limit of the species'
current breeding range.
Unit 66: ID-2 Snake River 2; Bonneville, Madison, and Jefferson
Counties, Idaho
Revised proposed critical habitat unit ID-2 is 11,442 ac (4,630 ha)
in extent and is a 40-mi (64-km)-long continuous segment of the Snake
River from the bridge crossing on the Snake River 2 mi (3 km) east of
the Town of Roberts in Madison County through Jefferson County and
upstream to the vicinity of the mouth of Table Rock Canyon in
Bonneville County, Idaho.
[[Page 11498]]
Approximately 5,862 ac (2,372 ha) is in Federal ownership; 1,940 ac
(785 ha) is in State ownership; and 3,641 ac (1,473 ha) is in other
ownership. Portions of this unit are within lands designated as the
Snake River ACEC by BLM, and the Land and Water Conservation Fund
(LWCF) program has purchased 32 properties in fee title and set aside
approximately 42 conservation easements (22,400 ac (9,065 ha)) within
the ACEC. The western yellow-billed cuckoo has been identified as a
species of concern in the ACEC. State and County road crossings account
for less than 1 percent of total ownership of this proposed unit. 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 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.
This unit is consistently occupied by western yellow-billed cuckoos
during the breeding season. The unit is at the northern limit of the
species' current breeding range.
Unit 67: ID-3 Henry's Fork and Teton Rivers; Madison and Fremont
Counties, Idaho
Revised proposed critical habitat Unit ID-3 is 4,641 ac (1,878 ha)
in extent and is a 15-mi (24-km)-long continuous segment of the Henry's
Fork of the Snake River in Madison County from approximately 16 km (10
mi) upstream of the confluence with the Snake River to a point on the
river approximately 1.6 km (1 mi) downstream of the town of St. Anthony
in Fremont County, Idaho. Approximately 756 ac (305 ha) is in Federal
ownership; 511 ac (206 ha) is in State ownership; and 3,374 ac (1,366
ha) is in other ownership. This unit is occupied by western yellow-
billed cuckoos during the breeding season and represents the northern
limit of the species' currently known breeding range. 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 unit contains all the physical or biological features essential to
the conservation of the species and was occupied at the time of listing
and is still considered occupied. Inclusion of this unit contributes to
the proposed critical habitat designation representing the full
breeding range of the DPS. New comments by the American Bird
Conservancy during the previous comment period, along with survey and
habitat information previously submitted by the BLM and Idaho
Department of Fish and Game, show western yellow-billed cuckoos in the
expanded area. In response to the comments and new information
received, we are amending the previously proposed boundaries of this
unit to incorporate additional habitat upstream to approximately 1.6 km
(1 mi) downstream of the town of St. Anthony, Fremont County, Idaho.
Portions of this unit were removed based on our reevaluation of the
habitat.
Unit 68: CO-1 Colorado River; Mesa County, Colorado
Revised proposed critical habitat unit CO-1 is 4,002 ac (1,620 ha)
in extent and is a 25-mi (40-km)-long continuous segment of the
Colorado River in the vicinity of Grand Junction in Mesa County,
Colorado. Approximately 32 ac (13 ha) is in Federal ownership; 417 ac
(169 ha) is in State ownership; and 3,553 ac (1,438 ha) is in other
ownership. 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 Colorado River Wildlife Management Area managed by the U.S. Fish
and Wildlife Service holds conservation easements on several private
parcels in this unit. 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. This unit has been
occupied by western yellow-billed cuckoos. The site also provides a
migration stopover habitat for western yellow-billed cuckoos moving
farther north.
Unit 69: CO-2 North Fork Gunnison River; Delta County, Colorado
Revised proposed critical habitat unit CO-2 is 2,326 ac (941 ha) in
extent and is a 16-mi (26-km)-long continuous segment of the North Fork
of the Gunnison River between Hotchkiss and Paeonia in Delta County,
Colorado. Approximately 115 ac (47 ha) is in Federal ownership, and
2,211 ac (895 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. This unit 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. 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
migratory stopover habitat for western yellow-billed cuckoos moving
farther north.
Unit 70: UT-1 Green River 1; Uintah and Duchesne Counties, Utah
Revised proposed critical habitat unit UT-1 is 28,381 ac (11,486
ha) in extent and is made up of segments totaling 52 mi (83 km) of the
Green River and Duchesne Rivers in the vicinity of Ouray in Uintah
County, Utah. Approximately 4,657 ac (1,885 ha) is in Federal
ownership; 4,411 ac (1,785 ha) is in State ownership; 14,611 ac (5,913
ha) is in Tribal ownership; and 4,702 ac (1,903 ha) is in other
ownership. This unit has consistently had 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
movement corridor for western yellow-billed cuckoos moving farther
north.
[[Page 11499]]
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 area suitable as
western yellow-billed cuckoo breeding habitat and connected areas of
riparian vegetation that are suitable as foraging habitat. Recent
surveys in this area revealed multiple western yellow-billed cuckoo
detections.
Unit 71: UT-2 Green River 2; Emery and Grand Counties, Utah
Revised proposed critical habitat Unit UT-2 is 1,135 ac (459 ha) in
extent and is an 8-mi (13-km)-long continuous segment of the Green
River north of the town of Green River in Emery and Grand Counties,
Utah. Approximately 40 ac (17 ha) is in Federal ownership; 632 ac (256
ha) is in State ownership; and 462 ac (187 ha) is in other ownership.
Recent surveys have shown that this unit has a number of western
yellow-billed cuckoos during the breeding season (Utah Division of
Wildlife Resources (UDWR) 2012, entire; UDWR 2013, entire; UDWR 2014,
entire). 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 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 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. The recent
surveys identified above in this area revealed multiple western yellow-
billed cuckoo detections.
Unit 72: TX-1 Terlingua Creek and Rio Grande; Brewster County, Texas
Revised proposed critical habitat unit TX-1 is 7,913 ac (3,202 ha)
in extent and is a 45-mi (72-km)-long continuous segment from lower
Terlingua Creek to the Rio Grande in Brewster County, Texas.
Approximately 7,792 ac (3,153 ha) is in Federal ownership, and 121 ac
(49 ha) is in other ownership. Because this unit is along the border
between United States and Mexico, we delineated the southern edge of
the unit using the State of Texas boundary. Per our implementing
regulations at 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 (<1)
10 AZ-8 L. Verde R./West 2,178 (882) 42 (17)
Clear Ck.
11 AZ-9A Horseshoe Dam........ 2,743 (1,110) 626 (253)
12 AZ-10 Tonto Creek.......... 3,669 (1,485) 3,155 (1,277)
13 AZ-11 Pinal Creek.......... 419 (169) 390 (158)
16 AZ-14 Upper San Pedro River 31,060 (12,569) 89 (36)
17 AZ-15 Lower San Pedro/Gila 23,400 (9,470) 1,757 (711)
R.
19 AZ-17 Upper Cienega Creek.. 5,204 (2,106) 264 (107)
22 AZ-20 Gila River 1......... 20,724 (8,387) 10,183 (4,123)
23 AZ-21 Salt River........... 2,590 (1,048) 2,469 (1,000)
24 AZ-22 Lower Cienega Creek.. 2,360 (955) 2,360 (955)
27 AZ-25 Aravaipa Creek....... 3,329 (1,347) 392 (159)
28 AZ-26 Gila River 2......... 8,588 (3,475) 1,434 (580)
31 AZ-29 Big Sandy............ 20,179 (8,166) 721 (292
33 NM-2 Gila River........... 4,177 (1,690) 3,002 (1,215)
35 NM-4 Upper Rio Grande 1... 1,830 (741) 1,313 (531)
36 NM-5 Upper Rio Grande 2... 1,173 (475) 1,173 (475)
37 NM-6AB Middle Rio Grande.... 68,581 (27,754) 17,096 (6,922)
39 NM-8A Caballo Delta North.. 190 (77) 190 (77)
39 NM-8B Caballo Delta South.. 155 (63) 155 (63)
40 NM-9 Animas............... 608 (246) 608 (246)
41 NM-10 Selden Cyn./Radium 237 (96) 237 (96)
Sprs.
43 AZ-31 Florida Wash......... 747 (302) 279 (113)
46 AZ-34 Madera Canyon........ 1,732 (701) 416 (168)
50 AZ-38 Arivaca Lake......... 1,365 (553) 380 (154)
53 AZ-41 Box Canyon........... 536 (217) 221 (89)
57 AZ-45 Barrel Canyon........ 920 (372) 170 (69)
58 AZ-46 Gardner Canyon....... 5,081 (2,056) 438 (177)
59 AZ-47 Brown Canyon......... 1,113 (451) 259 (105)
64 CA-2 South Fork Kern R. 2,640 (1,068) 167 (67)
Valley.
65 ID-1 Snake River 1........ 9,655 (3,907) 3,219 (1,303)
68 CO-1 Colorado River....... 4,002 (1,620) 417 (169)
70 UT-1 Green River 1........ 28,381 (11,486) 6,848 (2,771)
rrrrrrrrrrrrrrrrrrrrrrrr
Total .............. ..................... ....................... 145,710 (58,968)
----------------------------------------------------------------------------------------------------------------
We specifically solicit comments on the inclusion or exclusion of
these areas. In the paragraphs below, we provide brief descriptions of
the lands under consideration for exclusion under section 4(b)(2) of
the Act. We have also added an addendum to our incremental effects
memorandum that lays out in table form the Service's policy
considerations under section 4(b)(2) of the Endangered Species Act:
Land Ownership/Management and Potential Economic Impacts for Proposed
Western Yellow-billed Cuckoo Critical Habitat. This addendum was
developed following the finalization of the incremental effects
memorandum, and the information in the incremental effects memorandum
was used to inform the policy considerations. We also solicit comments
on any potential economic exclusions (see Information Requested).
Consideration of Exclusion of State Lands and Lands With Conservation
Easements
In response to specific comments we have already received from the
States where we are proposing critical habitat, we are requesting
further information on potential exclusions for State-managed or
privately managed lands including, but not limited to, State Wildlife
Areas, State Habitat Areas, State Parks, and State or other lands (of
various ownership) with permanent conservation easements. Table 4 lists
examples of certain areas that may be appropriate for exclusion from
critical habitat designation. For these and other areas being
considered for exclusion, and as further discussed above, we are
soliciting further information on where these properties are located,
and how the western yellow-billed cuckoo or the riparian habitats they
use are managed and protected at these areas. Without this information,
we cannot weigh the benefits of a potential exclusion in comparison to
inclusion. Table 4 is not exhaustive, and other areas within the
revised proposed critical habitat not identified may be considered for
[[Page 11503]]
exclusion and potentially excluded in the final designation. We invite
public comments and request submission of supporting materials
necessary to inform our evaluation of these potential exclusions.
Table 4--Examples of Areas With Land Use Designations That May Be
Considered for Exclusion From Critical Habitat Designation
------------------------------------------------------------------------
Critical habitat Potential
unit Name of unit Site type exclusion area
------------------------------------------------------------------------
4.................. AZ-2 Alamo Lake. State Wildlife Alamo Wildlife
7.................. AZ-5 Upper Verde Area (SWA). Area.
64................. River. SWA............. Upper Verde
64................. CA-2 South Fork Cons. Easement River SWA.
Kern River. (CE). Hafenfeld
CA-2 South Fork CE.............. Ranch.
Kern River. Sprague Ranch.
68................. CO-1 Colorado SWA............. Walker SWA.
River.
68................. CO-1 Colorado Wildlife Colorado River
River. Management Area WMA.
(WMA).
68................. CO-1 Colorado State Park (SP). James M. Robb--
River. Colorado River
SP.
69................. CO-2 North Fork CE.............. Town of
of the Gunnison Hotchkiss
River.. Riparian Park.
------------------------------------------------------------------------
Impacts on National Security and Homeland Security
Section 4(a)(3)(B)(i) of the Act may not cover all DoD lands or
areas that pose potential national-security concerns (e.g., a DoD
installation that is in the process of revising its INRMP for a newly
listed species or a species previously not covered). If a particular
area is not covered under section 4(a)(3)(B)(i), national-security or
homeland-security concerns are not a factor in the process of
determining what areas meet the definition of ``critical habitat''
pursuant to that section of the law. Nevertheless, when designating
critical habitat under section 4(b)(2), the Service must consider
impacts on national security, including homeland security, on lands or
areas not covered by section 4(a)(3)(B)(i). Accordingly, we will always
consider for exclusion from the designation areas for which DoD,
Department of Homeland Security (DHS), or another Federal agency has
requested exclusion based on an assertion of national-security or
homeland-security concerns.
We cannot, however, automatically exclude requested areas. When
DoD, DHS, or another Federal agency requests exclusion from critical
habitat on the basis of national-security or homeland-security impacts,
it must provide a reasonably specific justification of an incremental
impact on national security that would result from the designation of
that specific area as critical habitat. That justification could
include demonstration of probable impacts, such as impacts to ongoing
border-security patrols and surveillance activities, or a delay in
training or facility construction, as a result of compliance with
section 7(a)(2) of the Act. If the agency requesting the exclusion does
not provide us with a reasonably specific justification, we will
contact the agency to recommend that it provide a specific
justification or clarification of its concerns relative to the probable
incremental impact that could result from the designation. If the
agency provides a reasonably specific justification, we will defer to
the expert judgment of DoD, DHS, or another Federal agency as to: (1)
Whether activities on its lands or waters, or its activities on other
lands or waters, have national-security or homeland-security
implications; (2) the importance of those implications; and (3) the
degree to which the cited implications would be adversely affected in
the absence of an exclusion. In that circumstance, in conducting a
discretionary 4(b)(2) exclusion analysis, we will give great weight to
national-security and homeland-security concerns in analyzing the
benefits of exclusion.
Under section 4(b)(2) of the Act, we consider whether there are
lands owned or managed by the DoD where a national-security impact
might exist. We received comments from the Department of the Army and
Department of the Air Force regarding excluding areas based on national
security or other military operations. The comments were from the Yuma
Proving Grounds (Department of the Army 2014, entire), Luke Air Force
Base (Department of the Air Force 2014, entire) concerning restricted
airspace above proposed critical habitat; however, the actions
described by the two installations do not impact habitat for the
western yellow-billed cuckoo and would not require consideration of
adverse modification of the critical habitat. We do not believe that
Army operations will be disrupted as a result of designation of
critical habitat and have issued a biological opinion to that effect.
We will have further discussions with the Army to evaluate whether
these areas should be excluded from the final designation based on
national security.
We also received comments from the U.S. Army installation at Fort
Huachuca requesting that areas outside the installation in Unit 26 (AZ-
18) that includes the San Pedro Riparian National Conservation Area
(SPRNCA) be excluded from the final designation. Our evaluation of this
request is outlined below.
Upper San Pedro River (Unit 26 AZ-18). The area within Unit 26
being requested for exclusion is part of the SPRNCA and is managed by
the BLM and composed of Federal, State, and private lands and not owned
by the DoD or part of the lands managed under the Army's INRMP. The
Army's rationale for the exclusion was that any additional restrictions
to ground water pumping and water usage could affect their ability to
increase staffing when needed, or carry out missions critical to
national security. The Army also stated that designation of lands
within the SPRNCA would increase its regulatory burden and disrupt its
operations related to national security. The Army pointed to its
continued land stewardship actions and its commitment to protecting
natural resources on the base.
As stated above, the lands within Unit 26 (AZ-18) are primarily
owned and managed by BLM. An exemption under section 4(a)(3)(a) does
not apply because area is not subject to their INRMP. In addition, in
the Fort Huachuca November 2013 Revised Biological Assessment (BA)
(U.S. Department of the Army 2013, pp. 189-190) on its operations, it
states that ``Fort-attributable groundwater use is unlikely to affect
the yellow-billed cuckoo or its habitat where the species is known to
occur in the SPRNCA, Babocomari Cienega, or the lower San Pedro River .
. . .'' The BA concludes there will be no effect on western yellow-
billed cuckoo or its habitat from Fort Huachuca's operational actions
or
[[Page 11504]]
ground water pumping. In the subsequent 2014 biological opinion under
section 7 of the Act, we issued a not likely to adversely affect (NLAA)
or adversely modify critical habitat determination for the Army's
operational activities and ground water pumping as they related to the
SPRNCA and the western yellow-billed cuckoo (Service 2014, pp. 300-
306). Given that the Fort's ground water use has been determined to not
adversely affect western yellow-billed cuckoos or their habitat, we are
not considering the area for exclusion at this time. Should the Army
present additional information as to why the area warrants exclusion,
we may consider their request in our final designation.
Lastly, we received a request from the U.S. Customs and Border
Protection (CBP) (Department of Homeland Security) that proposed
critical habitat along the U.S./Mexico border along California,
Arizona, and Texas be considered for exclusion under section 4(b)(2) of
the Act for national security reasons. The CBP was particularly
concerned with Unit 7 (CA/AZ-1), Unit 26 (AZ-18) (south of Arizona
Highway 92), Unit 31 (AZ-23), Unit 32 (AZ-24), and Unit 35 (AZ-27).
However with the revision to the original proposal, we assume the CBP
would request all areas along the California, Arizona, New Mexico, and
Texas border be evaluated for exclusion. Our evaluation of this request
is outlined below.
United States/Mexico Border; Colorado River 1 (Unit 7 CA/AZ-1),
Upper San Pedro River (Unit 26 AZ-18), Unit 31 (AZ-23) Arivaca Wash and
San Luis Wash, Unit 32 (AZ-24) Sonoita Creek, Santa Cruz River (Unit 34
AZ-26), Black Draw (Unit 35 AZ-27), Arroyo Caballo, Rio Grande (Unit 79
TX-1), Terlingua Creek and Rio Grande (Unit 80 TX-2) California Gulch
(Unit 91 AZ-40), Sycamore Canyon (Unit 92 AZ-41), Pena Blanca Canyon
(Unit 100 AZ-49), Washington Gulch (Unit 120 AZ-68), San Rafael Valley
(Unit 113, AZ-62), and Guadalupe Canyon (Unit 118 AZ-72). As stated
above, we received a request from the CBP that proposed critical
habitat along the border in California, Arizona, and Texas be
considered for exclusion under section 4(b)(2) of the Act. CBP stated
they have concerns that the designation could have significant impacts
on their ability to carry out CBP's national- and border-security
missions along the U.S./Mexico international border. In these areas,
CBP conducts clearing and management of riparian vegetation to maintain
unobstructed lines of sight in the border areas to facilitate
identification and location of illegal cross-border activities and to
maintain the safety of CBP officers and agents who could be targets of
cross-border violators hidden in unmanaged vegetation. The exact extent
of area that is being considered for exclusion has not yet been
identified, since it would depend on where areas of interest to the CBP
are located and if such areas are requested. However, in general, we
would expect the areas to be no more than 0.25 mi (0.4 km) from the
border. We will be meeting with CBP staff to discuss their activities
and make a final determination on potential exclusion in our final
designation of critical habitat.
Exclusions Based on Other Relevant Impacts
Under section 4(b)(2) of the Act, we consider any other relevant
impacts, in addition to economic impacts and impacts on national
security. We consider a number of factors including whether there are
permitted conservation plans covering the species in the area such as
habitat conservation plans (HCPs), safe harbor agreements, or candidate
conservation agreements with assurances, or whether there are
nonpermitted conservation agreements and partnerships that would be
encouraged by designation of, or exclusion from, critical habitat. In
addition, we look at the existence of Tribal conservation plans and
partnerships and consider the government-to-government relationship of
the United States with Tribal entities. We also consider any social
impacts that might occur because of the designation.
Based on the information provided by entities seeking exclusion, as
well as any additional public comments received, we will evaluate
whether certain lands in the proposed critical habitat presented in
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.
We believe that the following HCPs and other plans, partnerships,
and agreements may fulfill the above criteria, and will consider the
exclusion of these Federal, Tribal, and non-Federal lands covered by
these plans that provide for the conservation of the western yellow-
billed cuckoo. We are requesting comments on the benefits to the
western yellow-billed cuckoo from these HCPs, plans, partnerships, and
agreements. However, at this time, we are not proposing the exclusion
of any areas in this revised proposed critical habitat designation for
the western yellow-billed cuckoo. We specifically solicit comments on
the inclusion or exclusion of such areas and request any information on
any other potential exclusions. We may consider other areas for
exclusion based on public comment and information we receive and on our
further review of the revised proposed designation and its potential
impacts.
Some of the following information on HCPs, plans, partnerships, and
agreements was obtained from the August 15, 2011, proposed designation
of revised critical habitat for the southwestern willow flycatcher (76
FR 50542). The areas used by the southwestern willow flycatcher and
western yellow-billed cuckoo overlap in several areas in the
southwestern United States, and management actions for the southwestern
willow flycatcher often benefit the western yellow-billed cuckoo. These
various plans describe beneficial actions for the southwestern willow
flycatcher within the same area that we are proposing to designate as
western yellow-billed cuckoo critical habitat. We will consider whether
these beneficial actions for the southwestern willow flycatcher are
appropriate to include in any consideration of excluding a given
proposed western yellow-billed cuckoo unit from final western yellow-
billed cuckoo critical habitat designation under section 4(b)(2) of the
Act.
Below we present details on the areas being considered for
exclusion within each State. Please see the Service's policy regarding
implementation of section 4(b)(2) of the Act (81 FR 7226; February 11,
2016) for a description of the categories under which the areas
considered for exclusion are grouped below.
California
Federal Lands
South Fork Kern River Valley (Unit 64 CA-2) Sprague Ranch
Conservation Easement. Sprague Ranch is an approximately 2,479-ac
(1,003-ha) parcel, which includes approximately 395 ha (975 ac) of
floodplain habitat located along the South Fork of the Kern River in
Kern County, California. Sprague Ranch was purchased by the U.S. Army
Corps of Engineers (USACE) as a result of biological opinions for the
long-term operation of Lake Isabella Dam and Reservoir (Service 1996
File Nos. 1-1-96-F-27; 1-1-99-F-216; and 1-1-05-F-0067), specifically
to provide habitat and conservation for the southwestern willow
flycatcher. Many of the actions may also benefit the
[[Page 11505]]
western yellow-billed cuckoo. During the periods of time southwestern
willow flycatcher habitat is not available at Lake Isabella Reservoir
as a result of short-term inundation from Isabella Dam operations,
Sprague Ranch is expected to provide habitat for the southwestern
willow flycatcher. The USACE, National Audubon Society (Audubon), and
California Department of Fish and Wildlife (CDFW) (formerly California
Department of Fish and Game) have a joint management agreement for this
property, which is important southwestern willow flycatcher habitat.
Sprague Ranch is located immediately north and adjacent to the Kern
River Preserve (KRP), which is owned and operated by Audubon, and
shares a common border with the KRP of more than 3 mi (4.8 km). Sprague
Ranch contains existing riparian forest that can support and maintain
nesting territories and migrating and dispersing southwestern willow
flycatchers. Other portions of the ranch are believed to require
restoration and management in order to become nesting southwestern
willow flycatcher habitat. Activities such as nonnative vegetation
control and native tree plantings are other management activities
expected to occur. Sprague Ranch is currently being managed in
accordance with the terms and conditions of the biological opinions
specifically for the southwestern willow flycatcher.
Based on the anticipated benefits to the western yellow-billed
cuckoo that would derive from the actions to benefit the southwestern
willow flycatcher, we will consider excluding approximately 40 ac (16
ha) in Unit 64 along the South Fork Kern River on Sprague Ranch from
final western yellow-billed cuckoo critical habitat designation under
section 4(b)(2) of the Act.
Private or Other Non-Federal Conservation Plans or Agreements and
Partnerships, in General
South Fork Kern River Valley (Unit 64 CA-2) Hafenfeld Ranch
Conservation Easement. The Hafenfeld Ranch owns and manages a segment
(127 ac (51 ha)) of proposed western yellow-billed cuckoo critical
habitat along the South Fork Kern River within the Kern River
Management Unit in Kern County, California. The Hafenfeld Ranch has
developed a conservation easement and plan with the Natural Resources
Conservation Service that provides management and protections for
southwestern willow flycatcher habitat. We are evaluating whether these
actions also provide benefit for the western yellow-billed cuckoo. The
Hafenfeld parcel completes a continuous corridor of willow-cottonwood
riparian habitat along the South Fork Kern River that connects the east
and west segments of the Audubon Society's Kern River Preserve. The
conservation easement and plan establishes that these lands are managed
for the benefit of the southwestern willow flycatcher by restoring,
improving, and protecting its habitat. Management activities include:
(1) Limiting public access to the site, (2) winter-only grazing
practices (outside of the southwestern willow flycatcher nesting
season), (3) protection of the site from development or encroachment,
(4) maintenance of the site as permanent open space that has been left
predominantly in its natural vegetative state, and (5) spreading of
flood waters to promote the moisture regime and wetland and riparian
vegetation for the conservation of the southwestern willow flycatcher.
Prohibitions of the easement that would benefit the conservation of the
southwestern willow flycatcher include: (1) Haying, mowing, or seed
harvesting; (2) altering the grassland, woodland, wildlife habitat, or
other natural features; (3) dumping refuse, wastes, sewage, or other
debris; (4) harvesting wood products; (5) draining, dredging,
channeling, filling, leveling, pumping, diking, or impounding water
features or altering the existing surface water drainage or flows
naturally occurring within the easement area; and (6) building or
placing structures on the easement.
Based on the actions to benefit the southwestern willow flycatcher,
we will consider excluding the Hafenfeld Ranch lands within Unit 64
(127 ac (51 ha)) from final western yellow-billed cuckoo critical
habitat designation under section 4(b)(2) of the Act.
Arizona
Tribal Lands Along the Colorado River
On the Colorado River along the California/Arizona border several
Native American Tribes own lands within Units 1 (CA/AZ-1) and 2 (CA/AZ-
2). We are considering excluding all Tribal lands from these two units.
The total amount of area considered in the exclusion totals
approximately 55,061 ac (22,292 ha) from Unit 1 and 20,025 ac (8.107
ha) from Unit 2. Information regarding Tribal management of these areas
is described below.
Colorado River Indian Reservation (Unit 1, CA/AZ-1). The Colorado
River Indian Tribal lands contain a proposed Colorado River segment of
western yellow-billed cuckoo critical habitat in La Paz County,
Arizona. The Colorado River Indian Tribes (CRIT) have finalized a
southwestern willow flycatcher management plan (SWFMP) compatible with
western yellow-billed cuckoo management (CRIT 2005, pp. 1-48). The
CRIT's SWFMP describes a commitment to conduct a variety of habitat
management actions. The SWFMP also identifies the assessment,
identification, and protection of southwestern willow flycatcher
migration habitat (CRIT 2005, pp. 1-48). The SWFMP identifies
protecting breeding habitat with the Ahakhav Tribal Preserve and in any
areas established for southwestern willow flycatchers with the Lower
Colorado River Multi-Species Conservation Program (LCR MSCP). Seasonal
closures of occupied southwestern willow flycatcher habitat during the
breeding season may be necessary and established by the Colorado River
Indian Tribes. Protection of habitat from fire is established in the
SWFMP, as well as protections from other possible stressors such as
overgrazing, recreation, and development (CRIT 2005, pp. 1-48). The
Colorado River Indian Tribes may also work in conjunction with the LCR
MSCP on additional riparian management. We received comments from the
CRIT following our proposed rule, and those comments will be fully
considered in the final designation. We will consider excluding the
Colorado River Indian Tribal land from the final designation of western
yellow-billed cuckoo critical habitat under section 4(b)(2) of the Act.
Fort Yuma Indian Reservation (Unit 1, CA/AZ-1). The Quechan Tribal
lands contain a proposed Colorado River segment of western yellow-
billed cuckoo critical habitat near the City of Yuma in Yuma County,
Arizona. The Quechan Tribe has completed an SWFMP that is compatible
with western yellow-billed cuckoo management (Quechan Indian Tribe
2005, pp. 1-30). The Quechan Tribe's SWFMP describes a commitment to
conduct a variety of habitat management actions. The Tribe will manage
riparian tamarisk that is intermixed with cottonwood, willow, mesquite,
and arrow weed to maximize potential value for nesting southwestern
willow flycatchers (Quechan Indian Tribe 2005, pp. 1-30). Any permanent
land use changes for recreation or other reasons will consider and
support southwestern willow flycatcher needs, as long as those needs
are consistent with Tribal cultural and economic needs. The Tribe will
consult with the Service to develop and design plans that minimize
impacts to southwestern willow flycatcher habitat. The Tribe will
[[Page 11506]]
establish collaborative relationships with the Service to benefit the
southwestern willow flycatcher, including monitoring for southwestern
willow flycatcher presence and habitat condition, within the
constraints of funds available to the Tribe. This action is anticipated
to provide benefits to the western yellow-billed cuckoo. The Quechan
Tribe may also work in conjunction with the LCR MSCP on additional
riparian management. We will consider excluding the Quechan Tribal land
from the final designation of western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
Cocopah Tribe of Arizona (Unit 1, CA/AZ-1). The Cocopah Tribal
lands, located 13 mi (21 km) south of Yuma, in Yuma County, Arizona,
contain proposed western yellow-billed cuckoo critical habitat along
the lower Colorado River. We provided comments on a draft management
plan provided by the Cocopah Tribe following our proposed critical
habitat rule, and we will continue to work with the Cocopah Tribe on
revisions compatible with western yellow-billed cuckoo management. The
Cocopah Tribe may also work in conjunction with the LCR MSCP on
additional riparian management. We will consider excluding the Cocopah
Tribe of Arizona land from the final designation of western yellow-
billed cuckoo critical habitat under section 4(b)(2) of the Act. Based
on these conservation plans, we will consider excluding the Cocopah
Tribal lands in Units 1 and 2.
Fort Mojave Indian Tribe (Unit 2, CA/AZ-2). Fort Mojave Indian
Tribal lands contain a proposed segment of western yellow-billed cuckoo
critical habitat at Lake Havasu in Mohave County, Arizona. The Fort
Mojave Tribe has finalized an SWFMP, compatible with western yellow-
billed cuckoo management (Fort Mojave Indian Tribe 2005, pp. 1-24). The
Fort Mojave Tribe's SWFMP describes that, within the Tribe's budgetary
constraints, they commit to management that will sustain the current
value of tamarisk, willow, and cottonwood vegetation that meets moist
soil conditions necessary to maintain southwestern willow flycatcher
habitat; monitoring to determine southwestern willow flycatcher
presence and vegetation status in cooperation with the Service; and
wildfire response and law enforcement to protect suitable habitats. The
Fort Mojave Indian Tribe may also work in conjunction with the LCR MSCP
on additional riparian management (Fort Mojave Indian Tribe 2005, pp.
1-24). We will consider excluding the Fort Mojave Indian Tribal lands
on the Colorado River from the final designation of western yellow-
billed cuckoo critical habitat under section 4(b)(2) of the Act.
Other Tribal Lands in Arizona
Yavapai-Apache Nation (Unit 7: AZ-5, Upper Verde River; Unit 9: AZ-
7, Beaver Creek; and Unit 10: AZ-8, Lower Verde River and West Clear
Creek). The Yavapai-Apache Nation contains Verde River segments of
proposed western yellow-billed cuckoo critical habitat in Yavapai
County, Arizona. The small parcels are located near Clarkdale, Camp
Verde, Middle Verde, Rimrock, and the I-17 interchange for Montezuma
Castle National Monument (Yavapai-Apache Nation 2005, p. 6). The
Yavapai-Apache Nation has completed an SWFMP that is compatible with
western yellow-billed cuckoo management (Yavapai-Apache Nation 2005,
pp. 1-15). The Yavapai-Apache Nation's SWFMP addresses and presents
assurances for southwestern willow flycatcher habitat conservation. The
Yavapai-Apache Nation will, through zoning, Tribal ordinances and code
requirements, and measures identified in the southwestern willow
flycatcher recovery plan, take all practicable steps to protect known
southwestern willow flycatcher habitat located along the Verde River
(Yavapai-Apache Nation 2005, p. 14). The Yavapai-Apache Nation will
take all reasonable measures to assure that no net habitat loss or
permanent modification of southwestern willow flycatcher habitat will
result from recreational and road construction activities, or habitat
restoration activities, and will take all reasonable steps to
coordinate with the Service so that southwestern willow flycatcher
habitat is protected. Within funding limitations and under
confidentiality guidelines established by the Yavapai-Apache Nation,
they will cooperate with the Service to monitor and survey habitat for
breeding and migrating southwestern willow flycatchers, conduct
research, and perform habitat restoration, or other beneficial
southwestern willow flycatcher management activities. Because
southwestern willow flycatchers and western yellow-billed cuckoos rely
on similar riparian habitat, most of the mitigation measures serve both
species. We received comments from the Yavapai-Apache Nation following
our proposed critical habitat rule and have incorporated those comments
in this revision. We will consider excluding the Verde River segments
totaling 534 ac (216 ha) within the Yavapai-Apache Nation from the
final designation of western yellow-billed cuckoo critical habitat
under section 4(b)(2) of the Act.
San Carlos Reservation (Unit 17: AZ-15, Lower San Pedro River and
Gila River; Unit 22: AZ-20, Gila River 1; Unit 27: AZ-25, Aravaipa
Creek; and Unit 28: AZ-26, Gila River 2). The San Carlos Apache Tribal
lands contain proposed western yellow-billed cuckoo critical habitat
within the conservation space of San Carlos Lake and the Gila River
upstream from San Carlos Lake, in Gila County, Arizona. The San Carlos
Apache Tribe has finalized an SWFMP that is compatible with western
yellow-billed cuckoo management (San Carlos Apache Tribe 2005, pp. 1-
65). Implementation of the San Carlos Apache Tribe's SWFMP will protect
all known southwestern willow flycatcher habitat on San Carlos Tribal
Land and assure no net habitat loss or permanent modification will
result (San Carlos Apache Tribe 2005, p. 36). All habitat restoration
activities (whether to rehabilitate or restore native plants) will be
conducted under reasonable coordination with the Service. All
reasonable measures will be taken to ensure that recreational
activities do not result in a net habitat loss or permanent
modification. All reasonable measures will be taken to conduct
livestock grazing activities under the guidelines established in the
recovery plan for the southwestern willow flycatcher. Within funding
limitations and under confidentiality guidelines established by the
Tribe, the Tribe will cooperate with the Service to monitor and survey
habitat for breeding and migrating southwestern willow flycatchers,
conduct research, and perform habitat restoration, or other beneficial
southwestern willow flycatcher management activities (San Carlos Apache
Tribe 2005, pp. 35-36, 45-46). Because southwestern willow flycatchers
and western yellow-billed cuckoos rely on similar riparian habitat,
most of the mitigation measures serve both species. We received
comments from the San Carlos Apache Tribe following our 2014 proposed
critical habitat rule, and those comments and new comments will be
fully considered in the final designation. We will consider excluding
13,766 ac (5,571 ha) of San Carlos Apache Tribal land from the final
designation of western yellow-billed cuckoo critical habitat under
section 4(b)(2) of the Act.
Hualapai Indian Tribe (Unit 31: AZ-29, Big Sandy River). The
Hualapai Indian Tribe owns land within the proposed western yellow-
billed cuckoo critical habitat along the Big Sandy River, in Mohave
County, Arizona. The Hualapai Tribe has finalized a
[[Page 11507]]
management plan for the southwestern willow flycatcher that was adopted
by the Hualapai Tribal Council (Hualapai Tribe 2004, entire).
The objectives of the Hualapai Tribe's management plan are to
manage riparian vegetation to: (1) Maximize continued presence of
native plant species suitable for use by flycatchers; (2) ensure that
existing land uses (which presently include recreational activities)
will not result in net loss or reduction in quality of habitat; and (3)
continue their Department of Natural Resources partnership in the
management of the lower Colorado River region, including those
associated with the LCR MSCP (Hualapai Tribe 2004, pp. 17-18). Because
southwestern willow flycatchers and western yellow-billed cuckoos rely
on similar riparian habitat, most of the conservation measures
identified in the plan serve both species. We will consider excluding
the Hualapai Tribal lands within Unit 31: AZ-29, Big Sandy River,
totaling approximately 242 ac (98 ha) from the final designation of
critical habitat for the western yellow-billed cuckoo under section
4(b)(2) of the Act.
Private or Other Non-Federal Conservation Plans Related to Permits
Under Section 10 of the Act
Colorado River; Bill Williams River (Unit 1: CA/AZ-1; Unit 2: CA/
AZ-2; and Unit 3: AZ-1). Lower Colorado River Multi-Species
Conservation Plan (LCR MSCP). The Lower Colorado River Multi-Species
Conservation Program (2004, pp. 1-506) was developed for areas along
the lower Colorado River along the borders of Arizona, California, and
Nevada from the conservation space of Lake Mead to Mexico, in the
Counties of La Paz, Mohave, and Yuma in Arizona; Imperial, Riverside,
and San Bernardino Counties in California; and Clark County in Nevada.
The LCR MSCP primarily covers activities associated with water storage,
delivery, diversion, and hydroelectric production. The record of
decision was signed by the Secretary of the Interior on April 2, 2005.
Discussions began on the development of this HCP in 1994, but an
important catalyst was a 1997 jeopardy biological opinion for the
southwestern willow flycatcher issued to the Bureau of Reclamation for
lower Colorado River operations. The Federal agencies involved in the
LCR MSCP include Reclamation, Bureau of Indian Affairs (BIA), NPS, BLM,
Western Area Power Administration, and the U.S. Fish and Wildlife
Service.
The LCR MSCP planning area primarily surrounds proposed western
yellow-billed cuckoo critical habitat along the lower Colorado River
from Lake Mead to the southerly international border. Portions of the
Colorado River, Lake Mead, Virgin River, and Muddy River in Arizona,
Utah, and Nevada are included where they surround Lake Mead (including
the conservation space of Lake Mead, which extends up the Colorado
River to Separation Canyon). Also, a portion of the Bill Williams River
at the Colorado River confluence at Lake Havasu occurs within the LCR
MSCP planning area. The LCR MSCP permittees will create and maintain
4,050 ac (1,639 ha) of western yellow-billed cuckoo habitat, reduce the
risk of loss of created habitat to wildfire, replace created habitat
affected by wildfire, and avoid and minimize operational and management
impacts to western yellow-billed cuckoos over the 50-year life of the
permit (2005 to 2055) (Lower Colorado River Multi-Species Conservation
Program 2004, pp. 5-30-5-36, Table 5-10, 5-58-5-60). Additional
research, management, monitoring, and protection of western yellow-
billed cuckoos will occur. In addition to western yellow-billed cuckoo
habitat creation and subsequent management, the LCR MSCP will provide
funds to ensure existing western yellow-billed cuckoo habitat is
maintained. Western yellow-billed cuckoo management associated with the
LCR MSCP is conducted in conjunction with management occurring on the
National Wildlife Refuges (Bill Williams, Havasu, Cibola, and Imperial)
and Tribal lands (Hualapai, Fort Mohave, Chemehuevi, Colorado River,
and Quechan Tribes) along the LCR. Additional rationale for considering
an exclusion within the geographic area covered by the LCR MSCP can be
found in the final rule designating critical habitat for the
southwestern willow flycatcher, published in the Federal Register on
January 3, 2013 (78 FR 410-418). We will consider excluding all Federal
and non-Federal land that may occur within the LCR MSCP planning area
from the final designation of western yellow-billed cuckoo critical
habitat under section 4(b)(2) of the Act.
Horseshoe Dam (Unit 11: AZ-9A), Horseshoe and Bartlett Dam Habitat
Conservation Plan (HCP). In June 2008, the Service issued an incidental
take permit to the Salt River Project (SRP) for 16 species that inhabit
Horseshoe and Bartlett Reservoirs and the Verde River above and below
the two dams in Gila and Maricopa Counties (SRP 2008, p. 6). The
western yellow-billed cuckoo and southwestern willow flycatcher are two
of the covered species in the permit. Critical habitat on the Verde
River is proposed within the water storage space and upstream of
Horseshoe Reservoir and downstream of Bartlett Lake. The area covered
by the permit for the western yellow-billed cuckoo and southwestern
willow flycatcher includes Horseshoe Reservoir up to an elevation of
2,026 ft (618 m) and Bartlett up to an elevation of 1,748 ft (533 m)
(SRP 2008, p. ES-1). The water storage space within Horseshoe Reservoir
is the primary area where impacts to the western yellow-billed cuckoos
and southwestern willow flycatchers are anticipated to occur through
periodic inundation and drying of habitat (SRP 2008, p. 3).
Water storage and periodic inundation of western yellow-billed
cuckoo and southwestern willow flycatcher habitat would likely result
in delayed or lost breeding attempts, decreased productivity and
survivorship of dispersing adults in search of suitable breeding
habitat, and decreased productivity of adults that attempt to breed at
Horseshoe Reservoir. The 50-year Horseshoe and Bartlett Dam HCP
provides measures to minimize and mitigate incidental take while
allowing the continued operation of the two reservoirs (SRP 2011a, p.
5). These goals will be achieved with the following measures: (1)
Managing water levels in Horseshoe Reservoir to the extent practicable
to benefit or reduce impacts to the covered species; and (2) acquiring
and managing southwestern willow flycatcher and western yellow-billed
cuckoo habitat along rivers in central Arizona to provide a diversity
of geographic locations with habitat like Horseshoe Reservoir (SRP
2008, p. ES-4). Mitigation efforts include operation of Horseshoe
Reservoir to support tall, dense vegetation at the upper end of the
reservoir and to make riparian habitat available earlier in the nesting
season (SRP 2011a, p. 5). In addition, after two successive years
without storage above an elevation of 1,990 ft (607 m), Horseshoe
Reservoir would be filled in order to saturate the soil and relieve the
drought stress on stands of willow trees (SRP 2008, pp. 30-31). Filling
Horseshoe after two dry years would depend on whether adequate water
supply is available, consistency with the other reservoir operation
objectives, and maintenance of a minimum pool of 50,000 acre-feet in
Bartlett to minimize impacts on recreation at that reservoir (SRP 2008,
p. 31). The need to manage Horseshoe levels to support stands of tall
dense vegetation would occur about once every 13 years on average based
on historical runoff patterns.
[[Page 11508]]
While Horseshoe Dam operations may cause fluctuations in habitat
abundance and quality, reservoir operations also create a dynamic
environment that fosters the long-term persistence of habitat. Combined
with the normal cycle of reservoir levels, which serve to establish and
maintain riparian habitat in and adjacent to the reservoir, the
modified reservoir operations minimize impacts on southwestern
flycatchers and western yellow-billed cuckoos (SRP 2008, pp. 169-170).
The HCP obligates the SRP to monitor western yellow-billed cuckoos,
southwestern willow flycatchers, and habitat at Horseshoe Reservoir
(SRP 2011a, p. 8) and mitigation properties. The SRP must acquire and
manage in perpetuity 200 ac (81 ha) of riparian habitat by fee title or
conservation easements (SRP 2011a, p. 5). The SRP has acquired a
conservation easement for 150 ac (60 ha) and has acquired an additional
55 ac (22 ha) of riparian woodland on the Gila River near Fort Thomas
(Unit 22, AZ-20, Gila River 1) (SRP 2011a, p. 5, SRP 2014, entire).
These lands are part of a 1,250-ac (506-ha) continuous stand of
riparian woodlands owned by SRP and Reclamation under a southwestern
willow flycatcher and western yellow-billed cuckoo SRP conservation
management plan (SRP 2014, entire).
The SRP provides water from Horseshoe and Bartlett Reservoirs
directly to various beneficiaries of these storage facilities for
irrigation and other uses (SRP 2008, pp. 11-22). Water from Horseshoe,
Bartlett, and the SRP's other reservoirs is provided directly by the
SRP to shareholder lands for irrigation and other uses, and is
delivered to the cities of Avondale, Chandler, Gilbert, Glendale, Mesa,
Peoria, Phoenix, Scottsdale, Tempe, and Tolleson for municipal use on
shareholder lands. Water deliveries are also made under specific water
rights in Horseshoe and Bartlett Reservoirs held by the City of
Phoenix, Salt River Pima Maricopa Indian Community, and Fort McDowell
Yavapai Nation. In addition, water is delivered from the SRP reservoir
system to the cities, Gila River Indian Community, Buckeye Irrigation
Company, Roosevelt Water Conservation District, and others in
satisfaction of their independent water rights. Finally, exchange
agreements between a number of entities and the SRP pursuant to State
and Federal law are facilitated by stored water from Horseshoe and
Bartlett Reservoirs. We will consider excluding 626 ac (253 ha) in and
adjacent to the water storage area of Horseshoe Reservoir from the
final designation of western yellow-billed cuckoo critical habitat
under section 4(b)(2) of the Act. However, SRP supports the inclusion
of the Gila River mitigation properties near Fort Thomas in Unit 22,
AZ-20, Gila River 1, as critical habitat, and these properties are not
being considered for exclusion (SRP 2014, entire).
Roosevelt Lake (Unit 12: AZ-10, Tonto Creek, and Unit 23: AZ-21,
Salt River). In February 2003, the Service issued an incidental take
permit to the SRP for four riparian bird species, including the western
yellow-billed cuckoo and southwestern willow flycatcher for 50 years
(SRP 2011b, p. 1). The Tonto Creek and the Salt River confluences with
Roosevelt Lake are proposed as western yellow-billed cuckoo critical
habitat. The activity covered by the permit is the continued operation
by the SRP of Roosevelt Dam and Lake in Gila and Maricopa Counties,
Arizona, up to an elevation of 2,151 ft (656 m) (SRP 2002, ES-1). The
HCP specifies the following measures to minimize and mitigate
incidental take of the four species: Creating and managing riparian
habitat at Roosevelt Lake; and acquiring and managing riparian habitat
in river basins in central Arizona that the four target bird species
are expected to occupy (SRP 2002, p. ES-4). The HCP commits the SRP to
acquire 2,250 ac (911 ha), including acquisition and management of at
least 1,500 ac (607 ha) of riparian habitat by fee title or
conservation easement offsite on the San Pedro, Verde, and Gila Rivers
and protection of up to an additional 750 ac (304 ha). The SRP has
exceeded this obligation, accruing 2,591 ac (1,049 ha) (SRP 2011b, p.
17) in Unit 7 (AZ-5, Upper Verde River), Unit 17 (AZ-15, Lower San
Pedro River and Gila Rivers), and Unit 22 (AZ-20, Gila River 1). The
SRP monitors vegetation at Roosevelt Lake to ensure that adaptive
management thresholds or permit limits are not exceeded (SRP 2011b, p.
6). Because southwestern willow flycatchers and western yellow-billed
cuckoos rely on similar riparian habitat, most of the mitigation
measures serve both species.
Western yellow-billed cuckoo and southwestern willow flycatcher
habitat at Roosevelt Lake varies depending on how and when the lake
recedes as a result of water in-flow and subsequent storage capacity
and delivery needs. Even in the expected high-water years, some
southwestern willow flycatcher and western yellow-billed cuckoo habitat
would persist at Roosevelt Lake. Measures in the HCP to protect habitat
at Roosevelt Lake include funding a USFS employee to patrol and improve
protection of southwestern willow flycatcher habitat in the Roosevelt
lakebed from adverse activities such as fire ignition from human
neglect, improper vehicle use, etc. (SRP 2011b, p. 13). The SRP also
developed 20 ac (8 ha) of habitat near Roosevelt Lake at offsite
Rockhouse Demonstration Site to serve as a potential refugium when
Roosevelt Lake is near capacity (SRP 2011, p. 15). This site is an
average of 25 ft (8 m) above ground water and relies on artificial
irrigation. If SRP's ability to artificially irrigate the site is
damaged or is discontinued and habitat is no longer suitable, the HCP
provides an adaptive management alternative (SRP 2014, entire). The SRP
monitors habitat conditions, southwestern willow flycatchers, and
western yellow-billed cuckoos at Roosevelt Lake and at offsite
mitigation properties (SRP 2011, pp. 19-20). We will consider excluding
the water storage area of Roosevelt Lake, which is the area within the
conservation pool up to the 2,151-ft (656-m) elevation, including 3,155
ac (1,277 ha) of Unit AZ-10 and 2,469 ac (1,000 ha) of Unit AZ-21, from
the final designation of western yellow-billed cuckoo critical habitat
under section 4(b)(2) of the Act. We will also consider exclusion of
the 20-ac (8-ha) Rock Rockhouse Demonstration Site from the final
designation of western yellow-billed cuckoo critical habitat under
section 4(b)(2) of the Act. However, SRP supports the inclusion of
their Unit 7 (AZ-5, Upper Verde River), Unit 17 (AZ-15, Lower San Pedro
River and Gila Rivers), and Unit 22 (AZ-20, Gila River 1) mitigation
properties as critical habitat, and they are not being considered for
inclusion (SRP 2014, entire).
Pima County Multi-Species Conservation Plan (MSCP) (Unit 16: AZ-14,
Upper San Pedro River; Unit 17: AZ-15, Lower San Pedro River and Gila
River; Unit 19: AZ-17, Upper Cienega Creek; Unit 24: AZ-22, Lower
Cienega Creek; Unit 43: AZ-31, Florida Wash; Unit 46: AZ-34, Madera
Canyon; Unit 50: AZ-38 Arivaca Lake; Unit 53: AZ-41, Box Canyon; Unit
57: AZ-45 Barrel Canyon; Unit 58: AZ-46, Gardner Canyon; Unit 59: AZ-
47, Brown Canyon. Under the Multi-Species Conservation Plan, Pima
County will avoid, minimize, and mitigate impacts to 44 species and
their habitat within the Permit Area (a portion of Pima County) during
the 30-year section 10(a)(1)(B) permit period (Pima County 2016a, p.
v). The primary covered activities are maintenance and construction
activities and certain development activities of the private sector.
Based on the suite of covered activities and a modeling of urban
[[Page 11509]]
growth projections, Pima County anticipates that there will be
approximately 36,000 ac (14,569 ha) of disturbance resulting from the
covered activities within the permit area during the 30-year permit
period. For this amount of disturbance, Pima County would provide
approximately 116,000 ac (46,944 ha) of mitigation. Despite not yet
having a section 10(a)(1)(B) permit, Pima County has acquired more than
74,000 ac (29,247 ha) of fee-owned lands and more than 124,000 ac
(50,181 ha) of lease lands that provide the portfolio of lands Pima
County would use to fulfill the section 10(a)(1)(B) permit mitigation
obligations. Partial mitigation credit will be granted for lease lands
and for improving natural resource conditions on those lease lands.
Other important avoidance, minimization, and mitigation measures
related to this MSCP rely upon Pima County's continued application of
various County Code requirements and departmental procedures that
mandate the avoidance and mitigation of impacts to onsite sensitive
resources. Pima County anticipates providing approximately 112,000 ac
(45,325 ha) of mitigation for approximately 36,000 ac (14,568 ha) of
disturbance resulting from covered activities (Pima County 2016a, p.
v). Pima County has spent approximately $150 million on land
acquisitions since 2004 in preparation for the section 10(a)(1)(B)
permit mitigation needs. These dollars came primarily from bond funds
approved by voters in 2004. Most of the management and enforcement
functions associated with this MSCP are already taking place as Pima
County implements the natural resource and open-space elements of its
Sonoran Desert Conservation Plan. Implementation of the more
comprehensive ecological monitoring program, which is required
subsequent to the issuance of the section 10(a)(1)(B) permit, will
result in new programmatic costs for Pima County (Pima County 2016a, p.
vi). The plan will conserve and manage western yellow-billed cuckoos
by: (1) Implementing the Pima County Riparian Protection Ordinance to
minimize habitat loss; (2) protecting water rights at Cienega Creek
Natural Preserve and Buehman Canyon to maintain and restore habitat;
(3) seeking to protect additional water rights at Cienega Creek Natural
Preserve and Buehman Canyon to maintain and restore habitat; and (4)
conducting protocol surveys every 3 years at all sites; and (5)
enacting a 400-m ``restricted activity zone'' buffer around known nests
during the nesting period (Pima County 2016b, pp. A-80-81, A-273).
Revised proposed critical habitat within the jurisdiction of Pima
County includes parts of the above-named units in the MSCP (Pima County
2016a, p. 14). We are considering excluding 9,191 ac (3,719 ha) of land
in these units. Impacts within western yellow-billed cuckoo habitat
resulting from the covered activities may emerge over the 30-year
permit period and will be mitigated accordingly through the MSCP. Pima
County submitted comments requesting that critical habitat be
maintained on county- and district- owned and leased properties and on
the Federal lands within Las Cienegas National Conservation Area and
that these areas not be excluded from the final designation
(Huckelberry 2014, entire). Pima County reasons that critical habitat
designation will require the Federal agencies to use an additional
standard of review when conducting section 7 consultations with the
Service for federally permitted activities that are not controlled by
Pima County, such as mines and transmission lines. Pima County's
commitment to the protection of species and habitat is a core value of
its citizens and government, as demonstrated by its continued
implementation of the MSCP (Huckelberry 2014, entire). We will review
Pima County's request not to exclude certain lands from the final
designation of western yellow-billed cuckoo critical habitat under
section 4(b)(2) of the Act.
Private or Other Non-Federal Conservation Plans or Agreements and
Partnerships, in General
Alamo Lake State Wildlife Area (AWA); Alamo Lake (Unit 4, AZ-2).
The Alamo Lake State Wildlife Area (AWA) in La Paz and Mohave Counties,
Arizona, was created under provisions of the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), Public Land Order 492 (PLO
492), and the General Plan agreement between the Secretary of the Army,
Secretary of the Interior, and Director of Arizona Game and Fish,
signed January 19, 1968 (Arizona Game and Fish Department--Arizona
State Parks (AGFD-ASP) 1997). The area is owned by the USACE and the
State. A lease agreement between the Arizona Game and Fish Department
Commission and the USACE was signed in 1970, establishing the AWA for
fish and wildlife conservation and management purposes (AGFD-ASP 1997).
The present lease area encompasses approximately 22,586 ac (9,140 ha).
Public input was solicited and addressed in development of the AWA
Management Plan and the NEPA review process (AGFD-ASP 1997). The
corresponding Alamo Wildlife Area Property Operational Management Plan
addressing the operations of the property, together with the budget, is
updated as needed to reflect the changes in operational management
(AGFD 2012).
Proposed western yellow-billed cuckoo critical habitat occurs along
the Big Sandy, Santa Maria, and Bill Williams Rivers, which make up the
upper portion of Alamo Lake. The AWA Management Plan describes the
unique riparian, wetland, and aquatic aspects of the area for a variety
of species, specifically targeting the southwestern willow flycatcher
for management and including the western yellow-billed cuckoo as a
species of wildlife concern. Two of the specific resources are directed
toward the habitat needs of the southwestern willow flycatcher and the
western yellow-billed cuckoo: (1) Maintain and enhance aquatic and
riparian habitats to benefit wildlife; and (2) restore, manage, and
enhance habitats for wildlife of special concern. Large Fremont
cottonwood and Goodding's willow forests, mesquite bosque, and small
areas of wetland currently exist along the Big Sandy, Santa Maria, and
upper Bill Williams Rivers. Increasing and improving these habitats
will benefit riparian- and wetland-dependent species (AGFD 2012, p. 4-
6). The objective for maintaining and enhancing riparian habitat
includes (a) Maintaining a reservoir level sufficient to ensure
suitable soil moisture conditions in the mixed riparian forest, and (b)
managing burros and eliminating trespass cattle to ensure that browsing
does not harm existing habitat or impair recruitment of replacement
vegetation. Livestock grazing is excluded from the riparian areas on
the upper end of Alamo Lake and the lower portions of the Santa Maria
and Big Sandy Rivers. Burro management objectives are to monitor and
limit use of riparian vegetation such that annual bark stripping of
live trees does not exceed 3 percent in any of the key monitoring areas
(AGFD 2012, p. 10). Fencing may be needed to exclude unauthorized
livestock and feral burros, exclude elk, control off-highway-vehicle
access, and better manage authorized livestock (AGFD 2012, pp. 10-12).
We are considering to exclude the entire Alamo Lake area (Alamo Lake
(Unit 4, AZ-2: 2,793 ac (1,130 ha)) and portions of the Big Sandy River
(Unit 31, AZ-29: 500 ac (202 ha) within the Alamo Lake State Wildlife
Area from the final designation of western yellow-billed
[[Page 11510]]
cuckoo critical habitat under section 4(b)(2) of the Act.
Pinal Creek (Unit 13 AZ-11). Freeport-McMoRan Incorporated (FMC), a
private mining company, has ownership and management responsibility for
a portion of Pinal Creek proposed as revised western yellow-billed
critical habitat in Gila County, Arizona. Along this Pinal Creek
segment, since 1998, FMC has been actively implementing conservation
measures for improving the riparian habitat for the southwestern willow
flycatcher. Conservation actions being implemented on FMC lands include
control of exotic riparian plant species, improved cattle management,
fencing, monitoring, and limiting access to the site in order to foster
the development of native riparian habitat. From 1999 to 2007, the
water and land management actions implemented resulted in an 88 percent
increase in total riparian vegetation volume within the area (FMC 2012,
p. 11). In 2012, FMC submitted a flycatcher management plan for the
proposed segment of Pinal Creek (FMC 2012, entire), committing to
continue implementing the land management actions initiated through a
USACE permit that have resulted in the improved abundance,
distribution, and quality of riparian habitat for nesting southwestern
willow flycatchers. We expect such measures will also benefit the
western yellow-billed cuckoo. As a result we are considering to exclude
approximately 390 ac (158 ha) of Unit 13 from final designation under
section 4(b)(2) of the Act.
Upper Verde River Wildlife Area (Unit 7: AZ-5, Upper Verde River).
The Upper Verde Wildlife Area, owned by the Arizona Game and Fish
Department, is located approximately 8 mi (12 km) north of Chino Valley
in Yavapai County, Arizona (AGFD 2017, entire). The property consists
of four parcels totaling approximately 796 ac (322 ha) located along
the upper Verde River and lower Granite Creek. The AGFD also manages
240 ac (97 ha) of State Trust lands located adjacent to two of the
deeded parcels. The primary management emphasis for the Upper Verde
River property is to manage, maintain, and enhance riparian habitat and
maintain native fish diversity (AGFD 2012, entire). A monitoring
program is ongoing. The Upper Verde River property has four
noncontiguous parcels of private land, which collectively include
approximately 3 mi (5 km) of the upper Verde River, draining easterly
from the confluence with Granite Creek to the Prescott National Forest
boundary 3.5 mi (5.6 km) downstream. Riparian vegetation is dominated
by Arizona ash, boxelder, Arizona walnut, and netleaf hackberry (AGFD
2017, entire). Some tamarisk is interspersed with native tree species.
Lower Granite Creek supports a well-developed narrowleaf cottonwood
(Populus acuminata) riparian forest. We received comments from the AGFD
requesting an exclusion for this property, and those comments will be
fully considered in the final designation. We will consider excluding
464 ac (188 ha) of AGFD land and 18 ac (7 ha) of State Trust lands from
the final designation of western yellow-billed cuckoo critical habitat
under section 4(b)(2) of the Act.
New Mexico
Tribal Lands
Tribal Management Plans and Partnerships--Santa Clara, Ohkay
Owingeh, and the San Ildefonso Pueblos; Upper Rio Grande 1 (Unit 35:
NM-4) and Upper Rio Grande 2 (Unit 36: NM-5). The Santa Clara Pueblo
and Ohkay Owingeh contain proposed western yellow-billed cuckoo
critical habitat along the Rio Grande within the Upper Rio Grande
Management Unit in Rio Arriba County, New Mexico. The San Ildefonso
Pueblo contains proposed western yellow-billed cuckoo critical habitat
along the Rio Grande within the Upper Rio Grande Management Unit in
Santa Fe County, New Mexico.
The Santa Clara Pueblo, Ohkay Owingeh, and the San Ildefonso Pueblo
have conducted a variety of voluntary measures, restoration projects,
and management actions to conserve the western yellow-billed cuckoo and
its habitat on their lands. These Pueblos have made a commitment to the
Service to develop an integrated resources management plan to address
multiuse, enhancement, and management of their natural resources. The
pueblos have implemented fuel reduction of flammable exotic riparian
vegetation and native tree restoration projects in the riparian area
since 2001, carefully progressing in incremental stages to reduce the
overall effects to wildlife. Ohkay Owingeh has a management plan for
the southwestern willow flycatcher that provides conservation and
restoration for the riparian habitat needed for the western yellow-
billed cuckoo and has expressed interest in incorporating western
yellow-billed cuckoo conservation measures into that plan. We received
comments from the Santa Clara Pueblo following our initial proposal and
will fully consider those comments in the final designation. We will
consider excluding the Santa Clara Pueblo, Ohkay Owingeh, and the San
Ildefonso Pueblo lands totaling 1,173 ac (475 ha) from the final
designation of western yellow-billed cuckoo critical habitat under
section 4(b)(2) of the Act.
Tribal Management Plans and Partnerships--Cochiti, Santo Domingo,
San Felipe, Sandia, Santa Ana, and Isleta Pueblos; Middle Rio Grande
(Unit 37: NM-6A and 6B). The Cochiti Pueblo, Santo Domingo Pueblo, San
Felipe Pueblo, Sandia Pueblo, and Santa Ana Pueblo contain proposed
western yellow-billed cuckoo critical habitat along the Rio Grande
within the Middle Rio Grande Management Unit in Sandoval County, New
Mexico. The Isleta Pueblo contains proposed western yellow-billed
cuckoo critical habitat along the Rio Grande within the Middle Rio
Grande Management Unit in Bernalillo County, New Mexico.
The Cochiti Pueblo, Santo Domingo Pueblo, San Felipe Pueblo, Sandia
Pueblo, Santa Ana Pueblo, and Isleta Pueblo have conducted a variety of
voluntary measures, restoration projects, and management actions to
conserve the western yellow-billed cuckoo and its habitat on their
lands. Cochiti Pueblo, Santo Domingo Pueblo, San Felipe Pueblo, Sandia
Pueblo, Santa Ana Pueblo, and Isleta Pueblo made commitments to the
Service to develop integrated resources management plans to address
multiuse, enhancement, and management of their natural resources. The
pueblos have implemented fuel reduction of flammable exotic riparian
vegetation and native tree restoration projects in the riparian area
since 2001, carefully progressing in incremental stages to reduce the
overall effects to wildlife. The San Felipe Pueblo developed a Wildlife
Management Plan for the western yellow-billed cuckoo that includes
restrictions on development in western yellow-billed cuckoo habitat as
well as adaptive management and monitoring. The Isleta Pueblo submitted
a Riverine Management Plan with management goals, objectives, and
strategies specific to the western yellow-billed cuckoo. Regarding this
proposed critical habitat unit, we received comments following our
initial proposal from the Santa Ana Pueblo, San Felipe Pueblo, Isleta
Pueblo, and Sandia Pueblo and those comments will be fully considered
for the final designation. We will consider excluding the Cochiti
Pueblo, Santo Domingo Pueblo, San Felipe Pueblo, Sandia Pueblo, Santa
Ana Pueblo, and Isleta Pueblo lands totaling 9,509 ac (3,850 ha) from
the final designation of western yellow-billed cuckoo critical habitat
under section 4(b)(2) of the Act.
[[Page 11511]]
Federal Lands
Middle Rio Grande 1 (Unit 37: NM-6B). In January 2016, the Service
issued a Biological Opinion for the Rio Grande Project Operating
Agreement and storage of San-Juan Chama Project Water in Elephant Butte
Reservoir for two riparian bird species, including the western yellow-
billed cuckoo and southwestern willow flycatcher for 35 years (Service
2016a, entire). The area from RM 62 to RM 38 is currently proposed as
western yellow-billed cuckoo critical habitat within Elephant Butte
Reservoir, owned by Reclamation. The Biological Opinion addresses the
following actions: (1) Pre-release of storage water from Elephant Butte
Reservoir for flood control purposes; (2) the carryover accounting for
the unused balance of annual diversion allocation to downstream
irrigation districts; (3) diversion ratio adjustments that take into
consideration changes in water availability; and (4) storage of San-
Juan Chama Project water (Service 2016a, p. 6).
Conservation measures proposed by Reclamation and measures to
minimize and mitigate incidental take of western yellow-billed cuckoos
include: (1) Monitoring of federally listed species following
established protocols; (2) adding the western yellow-billed cuckoo to
the Reclamation (2012) Southwestern Willow Flycatcher Management Plan
for the Rio Grande Project (Management Plan); (3) minimizing take
during high water surface elevation periods at Elephant Butte
Reservoir; (4) minimizing the effects of suitable habitat loss due to
the proposed action; and (5) developing a model to estimate quantities
of suitable habitat gained and lost as a result of fluctuating water
surface elevations (Service 2016a, pp. 7, 40-44). The Management Plan
was initiated in 2012 and includes restoration projects and monitoring
efforts that also benefit the western yellow-billed cuckoo (Reclamation
2012, p. 37). The Management Plan commits Reclamation to ensuring at
least 801 ac (324 ha) of suitable habitat from the San Marcial, New
Mexico, to Fort Quitman, Texas, is maintained and available for the
southwestern willow flycatcher, an extensive monitoring and habitat
mapping program, and restoration activities that include partners such
as the International Boundary and Water Commission (IBWC), New Mexico
State Parks, the Service, Audubon and others (Reclamation 2012, pp. 22,
28, 35). Because southwestern willow flycatchers and western yellow-
billed cuckoos rely on similar riparian habitat, some of the mitigation
and monitoring measures serve both species in the interim until the
Management Plan is revised to include the western yellow-billed cuckoo
specifically. We are considering the development and implementation of
the Management Plan in our exclusion analysis for several units along
the Rio Grande River (see NM-8A Caballo Delta North, NM-8B Caballo
Delta South, and NM-10 Selden Canyon and Radium Springs exclusion
discussions below).
Western yellow-billed cuckoo and southwestern willow flycatcher
habitat at Elephant Butte varies depending on how and when the lake
recedes as a result of water in-flow and subsequent storage capacity
and delivery needs. Even in the expected high-water years, some
southwestern willow flycatcher and western yellow-billed cuckoo habitat
would persist at Elephant Butte Reservoir. Areas within Elephant Butte
Reservoir at higher elevations that have not been inundated in recent
years are declining in suitability. By having Elephant Butte Reservoir
fluctuate surface water elevations, it is anticipated that over the
long term, this would provide a more favorable and dynamic environment
for western yellow-billed cuckoo habitat (Service 2016a, p. 42). We are
considering excluding the water storage area of Elephant Butte
Reservoir from RM 54 to RM 38 from the final designation of western
yellow-billed cuckoo critical habitat under section 4(b)(2) of the Act.
Private or Other Non-Federal Conservation Plans or Agreements and
Partnerships, in General
U-Bar Ranch (Unit 33: NM-2 Gila River). The U-Bar Ranch (Ranch)
near Cliff, in Grant County, New Mexico, in the Upper Gila Management
Area is owned by Pacific Western Land Company (PWLC), a subsidiary of
the Freeport-McMoRan Corporation (FMC). Through their efforts and their
long-time lessee, FMC has demonstrated a commitment to management
practices on the Ranch that have conserved and benefited the western
yellow-billed cuckoo population in that area over the past decade. In
addition, FMC had privately funded scientific research at and in the
vicinity of the Ranch in order to develop data that has contributed to
the understanding of habitat selection, distribution, prey base, and
threats to the southwestern willow flycatcher. The riparian habitat
also has a large number of nesting western yellow-billed cuckoos.
PWLC and the U-Bar Ranch have supported annual southwestern willow
flycatcher surveys, where western yellow-billed cuckoo detections are
recorded, and research in the Gila valley since 1994. Considering the
past and ongoing efforts of management and research to benefit the
southwestern willow flycatcher, western yellow-billed cuckoo, and
riparian habitat, done in coordination and cooperation with the
Service, we are considering excluding areas of the U-Bar Ranch totaling
3,002 ac (1,215 ha) from the final designation of western yellow-billed
cuckoo critical habitat under section 4(b)(2) of the Act.
Unit 39; NM-8A Caballo Delta North and NM-8B Caballo Delta South.
We are considering exclusion of approximately 345 ac (140 ha) of land
based on Reclamation's Southwestern Willow Flycatcher Management Plan.
This Management Plan was initiated in 2012 and includes restoration
projects and monitoring efforts associated with the southwestern willow
flycatcher that are also anticipated to benefit the western yellow-
billed cuckoo (Reclamation 2012, p. 37) (see exclusion discussion on
Middle Rio Grande 1 (Unit 37: NM-6B) above). The Management Plan
commits Reclamation to ensuring at least 801 ac (324 ha) of suitable
habitat in the area from the San Marcial, New Mexico, to Fort Quitman,
Texas, either independently or in association with multiple agencies
(Reclamation 2012, pp. 22, 28, 35) is managed for southwestern willow
flycatcher. Because southwestern willow flycatchers and western yellow-
billed cuckoos rely on similar riparian habitat, some of the
restoration features are anticipated to serve both species in the
interim period until the Management Plan is revised to include projects
that have the goal of benefitting the western yellow-billed cuckoo
specifically. Reclamation has committed to updating and adding the
western yellow-billed cuckoo to their Management Plan in their recent
section 7 consultation (Number 02ENNM00-2015-F-0734) associated with
Elephant Butte Reservoir (Reclamation 2015, entire).
Based on this Management Plan, we are considering excluding the
entirety of Unit 39; NM-8A Caballo Delta North and Caballo Delta South;
Sierra County; which totals 345 ac (140 ha), from the final designation
of western yellow-billed cuckoo critical habitat under section 4(b)(2)
of the Act.
Unit 40; NM-9 Animas; Sierra County; Management Plan and
Partnership. The Ladder Ranch located along Las Animas Creek contains
proposed critical habitat for the western yellow-billed cuckoo in
Sierra County, New Mexico. The Ladder Ranch is conducting conservation
actions for western yellow-billed cuckoo and its
[[Page 11512]]
habitat on their lands and is in the process of finalizing a
conservation strategy for the species. We are considering potential
exclusion of the entirety of this proposed critical habitat unit in the
final designation of western yellow-billed cuckoo critical habitat
under section 4(b)(2) of the Act. This unit falls entirely within the
Ladder Ranch and totals 608 ac (246 ha).
Unit 41; NM-10 Selden Canyon and Radium Springs; Dona Ana County.
We are considering exclusion of the entire 237-ac (96-ha) unit based on
management plans provided by Reclamation as well as the IBWC. The
Reclamation Southwestern Willow Flycatcher Management Plan was
initiated in 2012 and includes restoration projects and monitoring
efforts associated with the southwestern willow flycatcher but that are
also anticipated to benefit the western yellow-billed cuckoo
(Reclamation 2012, p. 37). The Management Plan commits Reclamation to
ensuring at least 801 ac (324 ha) of suitable habitat in the area from
the San Marcial, New Mexico, to Fort Quitman, Texas, either
independently or in association with multiple agencies (Reclamation
2012, pp. 22, 28, 35). Because southwestern willow flycatchers and
western yellow-billed cuckoos rely on similar riparian habitat, some of
the restoration features are anticipated to serve both species in the
interim period until the Management Plan is revised to include projects
that have the goal of benefitting the western yellow-billed cuckoo
specifically. Reclamation has committed to updating and adding the
western yellow-billed cuckoo to their Management Plan in their recent
section 7 consultation (Number 02ENNM00-2015-F-0734) associated with
Elephant Butte Reservoir (Reclamation 2015, entire).
The IBWC Endangered Species Management Plan (Part 3 in the IBWC
Canalization River Management Plan) commits IBWC to establishing or
preserving up to 119 ac (48 ha) of southwestern willow flycatcher
habitat in the area from Percha Dam, New Mexico, to El Paso, Texas,
either independently or in association with Reclamation (IBWC 2016).
IBWC is currently completing a biological assessment to address the
listing of the yellow-billed cuckoo in their previous Long-Term River
Management of the Rio Grande Canalization Project (section 7
Consultation Number 02ENNM00-2012-F-0016). This consultation will
address western yellow-billed cuckoo impacts (both positive and
negative) associated with the Canalization Project. The western yellow-
billed cuckoo is currently included within IBWC's preexisting
Endangered Species Management Plan, and the species is anticipated to
benefit from the restoration projects that have already been initiated
for the southwestern willow flycatcher (IBWC 2016, p. 3-29).
IBWC also has created collaborative relationships with other
entities with jurisdiction in the area to work together on habitat
restoration and water rights for restoration, including cooperative
agreements with the Elephant Butte Irrigation District (EBID), New
Mexico Energy Minerals and Natural Resources Department State Parks
Division, and the Bureau of Reclamation. The agreement with EBID lays
the foundation for a cooperative Environmental Water Transaction
Program, including allowing for the irrigation of native plants to be
classified as an agricultural use to use Rio Grande Project water. The
implementation of the IBWC collaborative conservation project provides
for significant conservation, management, improvement, and protection
of the physical or biological features essential for the cuckoo. The
conservation gains to the cuckoo identified south of Caballo Dam are
possible because of the development of the water transaction program.
Based on these Management Plans, we are considering excluding the
entirety of Unit 41; NM-10 Selden Canyon and Radium Springs; totaling
237 ac (96 ha), from the final designation of western yellow-billed
cuckoo critical habitat under section 4(b)(2) of the Act.
Idaho
Tribal Lands
Unit 65; ID-1 Snake River 1 Fort Hall Indian Reservation; Tribal
Management Plans and Partnerships. The Fort Hall Indian Reservation
contains a portion of the Snake River 1 Unit in Bannock and Bingham
Counties, Idaho. We have met with staff from the Shoshone-Bannock
Tribes and discussed their existing and proposed conservation actions
and management plans, which also benefit the western yellow-billed
cuckoo, for the area proposed for designation as critical habitat. We
will continue to coordinate with the Tribes on these management plans
for potential exclusion of 3,219 ac (1,303 ha) of Fort Hall Indian
Reservation land from the final designation of western yellow-billed
cuckoo critical habitat under section 4(b)(2) of the Act.
Utah
Tribal Lands
Green River; Uintah County, Utah (Unit 70: UT-1); Tribal Management
Plans and Partnerships--Ute Tribe, Uintah and Ouray Indian Reservation.
The Uintah and Ouray Indian Reservation contains revised proposed
critical habitat for western yellow-billed cuckoo along the Green River
in Uintah County, Utah. The Ute Tribe is conducting conservation
actions for western yellow-billed cuckoo and its habitat on their lands
and has finalized a conservation strategy for the species (Sinclear and
Simpson 2016, entire). We are considering potential exclusion of 14,611
ac (5,913 ha) of Ute Tribal lands from this unit in the final
designation of western yellow-billed cuckoo critical habitat under
section 4(b)(2) of the Act.
Consideration of Economic Impacts
Section 4(b)(2) of the Act and its implementing regulations require
that we consider the economic impact that may result from a designation
of critical habitat. To assess the probable economic impacts of a
designation, we must first evaluate specific land uses or activities
and projects that may occur in the area of the critical habitat. We
then must evaluate the impacts that a specific critical habitat
designation may have by restricting or modifying specific land uses or
activities for the benefit of the species and its habitat within the
areas proposed. We then identify which conservation efforts may be the
result of the species being listed under the Act versus those
attributed solely to the designation of critical habitat for this
particular species. The probable economic impact of a proposed critical
habitat designation is analyzed by comparing scenarios ``with critical
habitat'' and ``without critical habitat.'' The ``without critical
habitat'' scenario represents the baseline for the analysis, which
includes the existing regulatory and socio-economic burden imposed on
landowners, managers, or other resource users potentially affected by
the designation of critical habitat (e.g., under the Federal listing as
well as other Federal, State, and local regulations). The baseline,
therefore, represents the costs of all efforts attributable to the
listing of the species under the Act, effectively assuming full
compliance with sections of the Act relevant to the analysis(i.e.,
conservation of the species and its habitat incurred regardless of
whether critical habitat is designated). The ``with critical habitat''
scenario describes the incremental impacts associated specifically with
the designation of
[[Page 11513]]
critical habitat for the species. The incremental conservation efforts
and associated impacts would not be expected without the designation of
critical habitat for the species. In other words, the incremental costs
are those attributable solely to the designation of critical habitat,
above and beyond the baseline costs. These are the costs we use when
evaluating the benefits of inclusion and exclusion of particular areas
from the final designation of critical habitat should we choose to
conduct an optional 4(b)(2) exclusion analysis. We seek public input on
whether it is appropriate to assume full compliance with the
requirements associated with a species listing and other key land use
regulations in constructing a baseline for this analysis. If full
compliance does not adequately represent the baseline regulatory
environment, we seek public input on what range of compliance rates is
better aligned with practice in the field and how noncompliance may
influence the potential costs and benefits of the critical habitat
rule. We additionally seek comment related to the assumption of full
compliance with the critical habitat rule and how this assumption may
influence the potential costs and benefits of the rule.
For the 2014 proposed designation, we developed an incremental
effects memorandum (IEM) considering the probable incremental economic
impacts that may result from the proposed designation of critical
habitat. We also completed a review of the potential economic effects
of the proposed designation of critical habitat (Industrial Economics
Incorporated (IEc) 2013a; IEc 2013b). We have updated the IEM for this
revised proposed designation by identifying those areas being
considered for critical habitat. The information contained in our
updated IEM was used to develop a screening report for the revised
proposed designation of critical habitat for the western yellow-billed
cuckoo (Service 2019, entire). We did this in order to focus our
analysis on the key factors that are likely to result in incremental
economic impacts. The purpose of the screening report is to filter out
the geographic areas in which the critical habitat designation is
unlikely to result in incremental economic impacts. Our review of
potential economic effects considers baseline impacts (i.e., impacts
absent critical habitat designation) and includes probable economic
impacts where land and water use may be subject to conservation plans,
land management plans, best management practices, or regulations that
protect the habitat area as a result of the Federal listing status of
the species. The screening report filters out particular areas of
critical habitat that are already subject to such protections and are,
therefore, unlikely to incur significant incremental economic impacts.
Ultimately, the screening report allows us to focus our analysis on
evaluating the specific areas or sectors that may incur probable
incremental economic impacts as a result of the designation. The
screening report also assesses whether any unoccupied units may require
additional management or conservation efforts as a result of the
critical habitat designation and whether the units may incur
incremental economic impacts. We are not considering designating any
unoccupied areas. To better identify the potential economic impacts, we
have developed a revised screening analysis memorandum for the revised
proposed critical habitat (IEc 2019a, entire; IEc 2019b, entire). Our
revised IEM, the screening analysis memorandum, and information
described in this rule are what we consider our revised draft economic
analysis of the revised proposed critical habitat designation for the
western yellow-billed cuckoo. The supporting information for our
revised economic analysis is available on https://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 https://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 https://www.fws.gov/sacramento, or on https://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
