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Vol. 78 Thursday, No. 192 October 3, 2013

Part V

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for the Western Distinct Population Segment of the Yellow-billed ( americanus); Proposed Rule

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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: operations; water diversions; riverflow Jennifer Norris, Field Supervisor, U.S. management; stream channelization and and Wildlife Service Fish and Wildlife Service, Sacramento stabilization; conversion to agricultural Fish and Wildlife Office, 2800 Cottage uses, such as crops and livestock 50 CFR Part 17 Way, Room W–2605, Sacramento, grazing; urban and transportation [FWS–R8–ES–2013–0104; 4500030113] California 95825, by telephone 916– infrastructure; and increased incidence 414–6600 or by facsimile 916–414– of wildfire. These factors also contribute RIN 1018–AY53 6712. Persons who use a to fragmentation and promote telecommunications device for the deaf conversion to nonnative plant , Endangered and Threatened Wildlife (TDD) may call the Federal Information particularly tamarisk. The threats and Plants; Proposed Threatened Relay Service (FIRS) at 800–877–8339. affecting western yellow-billed cuckoo Status for the Western Distinct SUPPLEMENTARY INFORMATION: are ongoing. Such a loss of Population Segment of the Yellow- riparian habitat leads not only to a billed Cuckoo (Coccyzus americanus) Executive Summary direct reduction in yellow-billed cuckoo AGENCY: Fish and Wildlife Service, Why we need to publish a rule? Under numbers but also leaves a highly Interior. the Act, if a species is determined to be fragmented landscape, which can an endangered or threatened species ACTION: Proposed rule. reduce breeding success through throughout all or a significant portion of increased predation rates and barriers to SUMMARY: We, the U.S. Fish and its range, we are required to promptly dispersal by juvenile and adult yellow- Wildlife Service (Service), propose to publish a proposal in the Federal billed . list the yellow-billed cuckoo in the Register and make a determination on Factor E threats, including habitat western portions of the , our proposal within 1 . Listing a rarity and small, isolated populations of , and Mexico (western yellow- species as an endangered or threatened the western yellow-billed cuckoo, cause billed cuckoo) as a threatened distinct species can only be completed by the remaining populations in western population segment under the issuing a rule. to be increasingly Endangered Species Act of 1973, as This rule proposes the listing of the susceptible to further declines through amended (Act). If we finalize this rule yellow-billed cuckoo as a threatened lack of immigration, chance weather species in western North America as a as proposed, it would extend the Act’s events, fluctuating availability of prey distinct vertebrate population segment protections to the western yellow-billed populations, pesticides, collisions with (DPS) under the Act and our policy cuckoo. The effect of this regulation tall vertical structures during migration, regarding the recognition of DPSs (61 FR would be to add the western yellow- spread of the introduced tamarisk leaf billed cuckoo to the List of Endangered 4721; February 7, 1996). What does this rule consist of and beetle as a biocontrol agent in the and Threatened Wildlife under the Act. what is the potential outcome of this Southwest, and climate change. The DATES: We will accept comments rule making? This document consists of ongoing threat of small overall received or postmarked on or before a proposed rule to list populations of population size leads to an increased December 2, 2013. Comments submitted the yellow-billed cuckoo in the western chance of local through electronically using the Federal United States, Canada, and Mexico as a random events. eRulemaking Portal (see ADDRESSES threatened species. This rule, if We will seek peer review. We are section, below) must be received by finalized, will add the western yellow- seeking comments and soliciting 11:59 p.m. Eastern Time on the closing billed cuckoo to the list of endangered information from knowledgeable date. We must receive requests for or threatened species. individuals with scientific expertise to public hearings, in writing, at the What is the basis for our action? review our analysis of the best available address shown in the ADDRESSES section Under the Act and Service policy, we scientific and commercial data and by November 18, 2013. can determine that a species (or a application of that information to ADDRESSES: You may submit comments distinct population segment of a improve this proposed rule. Because we by one of the following methods: vertebrate species) is an endangered or will consider all comments and (1) Electronically: Go to the Federal threatened species based on any of five information received during the eRulemaking Portal: http:// factors: (A) The present or threatened comment period, our final www.regulations.gov. In the Search box, destruction, modification, or determinations may differ from this enter FWS–R8–ES–2013–0104, which is curtailment of its habitat or range; (B) proposal. the docket number for this rulemaking. overutilization for commercial, Information Requested You may submit a comment by clicking recreational, scientific, or educational on ‘‘Comment Now!’’ purposes; (C) disease or predation; (D) We intend that any final action (2) By hard copy: Submit by U.S. mail the inadequacy of existing regulatory resulting from this proposed rule will be or hand-delivery to: Public Comments mechanisms; or (E) other natural or based on the best scientific and Processing, Attn: Docket No. FWS–R8– manmade factors affecting its continued commercial data available and be as ES–2013–0104; Division of Policy and existence. We reviewed all available accurate and as effective as possible. Directives Management; U.S. Fish and scientific and commercial information Therefore, we request comments or Wildlife Service; 4401 N. Fairfax Drive, pertaining to the five threat factors in information from the public, other MS 2042–PDM; Arlington, VA 22203. our evaluation of each species. concerned governmental agencies, We request that you send comments We have determined that the western Native American tribes, the scientific only by the methods described above. yellow-billed cuckoo is threatened by , industry, or any other We will post all comments on http:// two of these five factors (A and E). We interested parties concerning this www.regulations.gov. This generally consider Factors A and E to be the main proposed rule. We particularly seek means that we will post any personal threats to the species. comments concerning: information you provide us (see the Factor A threats result from habitat (1) The western yellow-billed Information Requested section below for destruction, modification, and cuckoo’s biology, range, and population more information). degradation from dam construction and trends, including:

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(a) Habitat requirements for feeding, in making a determination, as section scientific or commercial information to breeding, and sheltering; 4(b)(1)(A) of the Act directs that indicate that further investigation, (b) Genetics and ; determinations as to whether any through a status review, was required to (c) Historical and current range species is a threatened or endangered determine the taxonomic validity of a including distribution patterns; species must be made ‘‘solely on the western subspecies, and to determine if (d) Historical and current population basis of the best scientific and listing the western population of the levels, and current and projected trends; commercial data available.’’ yellow-billed cuckoo as a DPS may be (e) Past and ongoing conservation You may submit your comments and warranted. In our finding, we noted that measures for the DPS, its habitat, or materials concerning this proposed rule the petition did not present sufficient both; by one of the methods listed in the information to indicate that listing of (f) Locations of any additional ADDRESSES section. We request that you the species as a whole may be populations of western yellow-billed send comments only by the methods warranted. cuckoo; described in the ADDRESSES section. On July 25, 2001, we published a 12- (g) Breeding season data in the If you submit information via http:// month petition finding in the Federal mountain ranges of southeastern www.regulations.gov, your entire Register (66 FR 38611) concluding that Arizona and southwestern New Mexico; submission—including any personal the yellow-billed cuckoo populations (h) Breeding season data north and identifying information—will be posted west of the Continental Divide south of the United States in Canada on the Web site. If your submission is constituted a valid DPS and that the and Mexico; and made via a hardcopy that includes DPS was warranted for listing; however, (i) Additional morphological and personal identifying information, you this action was precluded by higher genetic data on yellow-billed cuckoos may request at the top of your document priority listing actions, and the DPS was along the DPS boundary in New Mexico that we withhold this information from placed on our candidate species list. and Texas. public review. However, we cannot The range of the DPS was identified to (2) The factors that are the basis for guarantee that we will be able to do so. include at least portions of 12 western making a listing determination for a We will post all hardcopy submissions States west of the crest of the Rocky species under section 4(a) of the Act, on http://www.regulations.gov. Mountains, with the Canadian and which are: Comments and materials we receive, Mexican borders constituting the (a) The present or threatened as well as supporting documentation we northern and southern boundaries destruction, modification, or used in preparing this proposed rule, respectively. On October 30, 2001, a list curtailment of its habitat or range; will be available for public inspection of new candidate species included the (b) Overutilization for commercial, on http://www.regulations.gov, or by yellow-billed cuckoo, western recreational, scientific, or educational appointment, during normal business continental United States DPS, giving it purposes; hours, at the U.S. Fish and Wildlife a listing priority number of 6 based on (c) Disease or predation; Service, Sacramento Fish and Wildlife non-imminent threats of high magnitude (d) The inadequacy of existing Office (see FOR FURTHER INFORMATION (66 FR 54810, 54818) as defined by our regulatory mechanisms; or CONTACT). policy on determining listing priorities (e) Other natural or manmade factors Previous Federal Actions (48 FR 43098; September 21, 1983). In affecting its continued existence. the 2005 candidate notice of review (3) Biological, commercial trade, or On February 9, 1998, we received a document (70 FR 24875; May 11, 2005), other relevant data concerning any petition from the Southwest Center for the listing priority number was threats (or lack thereof) to the western Biological Diversity (Center for upgraded from 6 to 3 based on yellow-billed cuckoo, and regulations Biological Diversity) on behalf of 22 reassessing the nature of the threats as that may be addressing those threats. groups to list the yellow-billed cuckoo imminent and of a high magnitude. The (4) Any information on the biological under the Act. The petitioners stated 2011 notice indicated that preparation or ecological requirements, and ongoing that they believe the yellow-billed of a listing rule was under way (76 FR conservation measures for the western cuckoo ‘‘is endangered in a significant 66391; October 26, 2011). yellow-billed cuckoo and its habitat portion of its range (the western United On July 12, 2011, a court settlement, including but not limited to any changes States).’’ The petitioners also stated they Center for Biological Diversity v. in dam operations that may benefit the ‘‘believe this range of endangerment is Salazar, 10–cv–0230 required the species or its habitat. coterminous with a valid subspecies, Service to submit to the Federal (5) Current or planned activities in the the western yellow-billed cuckoo Register for publication either a areas occupied by the western yellow- (Coccyzus americanus occidentalis),’’ proposed rule or a not-warranted billed cuckoo, and possible impacts of and that they would concur with a finding for the western yellow-billed these activities on the species or its decision to list this . Petitioners cuckoo on or before September 30, 2013. habitat. also requested that critical habitat be (6) Information on the projected and designated for the yellow-billed cuckoo Background reasonably likely impacts of climate concurrent with the listing, pursuant to In this section of the proposed rule, it change on the western yellow-billed 50 CFR 424.12 and the Administrative is our intent to discuss only those topics cuckoo and its habitat. Procedure Act (5 U.S.C. 553). The directly relevant to the proposed listing Please include sufficient information petition included supporting of the yellow-billed cuckoo in the with your submission (such as scientific information on the species relating to western portions of the United States, journal articles or other publications) to taxonomy, ecology, adequacy of existing Canada, and Mexico as a threatened allow us to verify any scientific or regulatory mechanisms, historical and DPS. commercial information you include. present distribution, current status, and Please note that submissions merely threats in the western United States. Species Information stating support for or opposition to the On February 17, 2000, we announced The yellow-billed cuckoo (Coccyzus action under consideration without a 90-day petition finding in the Federal americanus) is a member of the avian providing supporting information, Register (65 FR 8104) concluding that Cuculidae and is a Neotropical although noted, will not be considered the petition presented substantial migrant that winters in South

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America and breeds in North America. Taxonomy billed cuckoo as comprising two Yellow-billed cuckoos spend the winter The separation of yellow-billed separate subspecies. in , east of the Andes, cuckoos into subspecies was first In response to a 1986 petition (52 FR primarily south of the Amazon Basin in discussed by Ridgway (1887, p. 273) 2239; January 21, 1987) to list the southern Brazil, Paraguay, Uruguay, who separated the yellow-billed cuckoo yellow-billed cuckoo in the States of eastern Bolivia, and northern Argentina into an eastern (Coccyzus americanus California, Washington, Oregon, Idaho, (Ehrlich et al. 1992, pp. 129–130; AOU americanus) and western (C. a. and Nevada, we requested that Dr. 1998, p. 247; Johnson et al. 2008b, pp. occidentalis) subspecies, based on Richard C. Banks, an avian taxonomist 18–29). The breeding range of the entire western being ‘‘larger, with and Fish and Wildlife Service employee species formerly included most of North proportionately larger and stouter bill.’’ at the National Museum of Natural History, evaluate the validity of the America from southeastern and western Ridgway’s western subspecies included subspecies. Dr. Banks compared three Canada (southern Ontario and Quebec birds from western Texas through the morphological characteristics (bill and southwestern British Columbia) to Great Basin portions of Colorado and length, depth of upper mandible, and the Greater Antilles and northern Wyoming, west and north to the Pacific wing length) of almost 700 specimens of Mexico (AOU 1957, pp. 269–270; AOU coast and southwestern British adult yellow-billed cuckoos from Columbia. Historically the western 1983, p. 284; AOU 1998, p. 247). throughout the species’ range and subspecies was known as the California Adult yellow-billed cuckoos have visually examined the colors of cuckoo (Ridgway 1887, p. 273; Belding moderate to heavy bills, somewhat specimens. He found: (1) No pattern of 1890, p. 57) or California yellow-billed elongated bodies, and a narrow yellow geographical variation in color; (2) ring of colored bare skin around the eye. cuckoo (Grinnell and Miller 1944, pp. substantial overlap between eastern and The is loose and grayish-brown 186–187). Recently, in the literature, it western birds in wing length, bill has been called the western yellow- above and white below, with reddish length, and mandible depth; and (3) no billed cuckoo, a name we are using in primary flight . The tail feathers statistically significant differences for this document to refer to the DPS. are boldly patterned with black and these three characteristics. He Wetmore (1968, pp. 325–326) added white below. They are a medium-sized concluded that the data did not justify that western yellow-billed cuckoos are bird about 12 inches (in) (30 centimeters the separation into eastern and western slightly grayer above, and eastern subspecies (Banks 1988, pp. 473–477). (cm)) in length, and about 2 ounces (oz) yellow-billed cuckoos are browner. (60 grams (g)) in weight. The species has Subsequently, statistical errors were Oberholser and Kincaid (1974, pp. 434– discovered in Banks’ study (Spiller a slender, long-tailed profile, with a 435) concurred with Ridgway and split fairly stout and slightly down-curved 1988, pp. 1–3), and a reanalysis of the the subspecies’ range in western Texas same data yielded statistically bill, which is blue-black with yellow on between the Rio Grande and the Pecos the half of the lower mandible. significant differences (p<0.001) Rivers, west of Big Bend. The two between eastern and western yellow- The legs are short and bluish-gray. subspecies were generally included in Yellow-billed cuckoos have a billed cuckoos for the three ornithological treatments through the characteristics measured by Banks. Dr. zygodactyl foot, in which two toes point 1970s (for example, American forwards and two toes point backwards. Banks published a correction to his Ornithologists’ Union (AOU) 1957, pp. earlier paper (Banks 1990, p. 538), Juveniles resemble adults, except the 269–270; Oberholser and Kincaid 1974, acknowledging the computational error tail patterning is less distinct and the pp. 434–435). and stating that the ‘‘statistical lower bill has little or no yellow. Males Some ornithologists have questioned difference cannot be equated to a and females differ slightly; the males the separation of the yellow-billed biological or practical difference.’’ In have a slightly smaller body size, cuckoo into two subspecies (Todd and support of this, he cited the small smaller bill, and the white portions of Carriker 1922, pp. 209–213; Swarth differences between mean the tail tend to form distinct oval spots. 1929, pp. 297–298; Van Tyne and measurements, the large degree of In females the white spots are less Sutton 1937, p. 35; Bent 1940, p. 67), overlap between eastern and western distinct and tend to be connected citing the small magnitude and birds in the ranges of measurements for (Hughes 1999, pp. 2–3). inconsistency of differences and broad the three characteristics he measured, Typically a secretive and hard-to- overlap in size between eastern and and the sensitivity of the statistical detect bird, mated yellow-billed western birds. These questions, procedure to detect very small cuckoos have a distinctive ‘‘kowlp’’ call, however, were not based on systematic differences as ‘‘significant,’’ given the which is a loud, nonmusical series of analysis of geographical variation as it large sample sizes. His conclusion that notes that slows down and slurs toward pertains to resolving the yellow-billed the species was monotypic remained the end. Unmated yellow-billed cuckoos cuckoo subspecies question. Since 1957, unchanged (Banks 1990, p. 538). advertise for a mate using a series of soft AOU checklists, the recognized Dr. Banks later provided his data to authority for taxonomy of North ‘‘cooing’’ notes. Both members of a pair two avian ecologists (Franzreb and American birds, have not listed use the ‘‘knocker’’ call, a series of soft Laymon 1993, pp. 17–28), who analyzed subspecies, stating practical grounds notes given as a contact or warning call the same data set, supplemented by (for example, space limitations), and near the nest (Hughes 1999, pp. 8–9). measurements from an additional 41 that the validity (in the sense of their specimens of western birds and the Little information exists on lifespan distinguishability) of many described inclusion of a fourth characteristic, tail for yellow-billed cuckoos, which is a avian subspecies still needs to be length. Franzreb and Laymon (1993, pp. result of the scarcity of banded yellow- evaluated, as does the potential for 17–28), noting statistical errors by Banks billed cuckoos and a very low recovery unrecognized subspecies (AOU 1983, p. (1988, pp. 473–477), found that western rate (0.4 percent) (Hughes 1999, p. 18). 284; AOU 1998, pp. 1–19). The most birds are larger than eastern birds. They The longest known lifespan of a banded recent checklist (AOU 1998, pp. 1–19) developed a discriminant function yellow-billed cuckoo is 5 (U.S. refers readers to the 1957 checklist analysis (DFA) equation that correctly Geological Survey (USGS) Patuxent (AOU 1957, pp. 269–270) for subspecies predicted origin for 83.8 percent of Wildlife Research Center 2012, p. 1). taxonomy, which presents the yellow- eastern male and 74.6 percent of

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western male yellow-billed cuckoos, neutral zone, meaning that the mitochondrial DNA. Two of the studies and for 89.6 percent of eastern and 85.8 differences were derived through did not and one study did find percent of western female yellow-billed selective evolutionary pressure rather significant differences between eastern cuckoos. These predictive DFA than chance events. However, their and western populations of the species. equations have been accepted as a study was done with a very small The reason for the inconsistency is not useful tool to separate the eastern and sample of specimens that did not cover known. It is possible that future western populations by several the range of either the eastern or research using microsatellite markers researchers (Pyle 1997, pp. 56–57; western yellow-billed cuckoo. that have higher mutation rates rather Hughes 1999, p. 23; and Pruett et al. Although mitochondrial analyses are than the slowly evolving mitochondrial 2001, p. 229). Franzreb and Laymon routinely used in phylogenetic studies, DNA would better determine more (1993, pp. 17–28) also analyzed they have well-known limitations, subtle genetic differences. Because of behavioral and ecological differences sometimes lumping taxa that are these inconsistencies the available between western and eastern birds, and different or separating taxa that are the genetic data are not considered found differences in the timing of same (Funk and Omland 2003, p. 403). sufficient to distinguish the subspecies. migration and breeding, with western Farrell (2006, pp. 9–32) reexamined the However, a large majority of yellow- birds arriving on breeding grounds later subspecies status of western yellow- billed cuckoo individuals can be and laying later than eastern birds billed cuckoo mitochondrial DNA with grouped into separate population at the same latitude. They concluded a larger geographic distribution of segments along an east-west divide by that: (1) The recognition of subspecies samples representative of overall comparing morphological data. on the basis of measurements of existing species range with focused sampling Similarly, genetically controlled specimens is equivocal; (2) the study of effort on the zones of contact between behavior, especially migration timing, geographical variation in vocalizations, the eastern and western populations. also appears to separate the species into bill color, and genetics was needed; (3) Farrell’s (2006, pp. 33–44) results two populations segments along an east- the two subspecies should be retained revealed only limited genetic divergence west divide. pending the above studies; and (4) between eastern and western Thus, our review of the best scientific ‘‘because the western yellow-billed populations of yellow-billed cuckoo and and commercial data available indicates cuckoo is so critically endangered . . . concluded that the sequences used were that some information suggests that the changes in its taxonomic classification not sufficiently variable to detect western population segment described should be made only after the best genetic differentiation within this in the scientific literature as the western possible study.’’ species. Genetic markers such as yellow-billed cuckoo (Coccyzus In 2001, two separate research labs microsatellites in nuclear DNA are ideal americanus occidentalis) is conducted studies on the genetic for population studies and preferable distinguishable at the subspecific level; differences between eastern and western over mitochondrial DNA sequence however, there is enough equivocality yellow-billed cuckoos (Fleischer 2001, analysis due to their higher mutation in the literature to conclude for the pp. 14–16; Pruett et al. 2001, pp. 228– rates and additional information purposes of this proposed rule that 231), reaching different conclusions content. These studies, when recognition of the subspecies is not regarding the taxonomic status of conducted, may provide a better justified at this time. In the 12-month yellow-billed cuckoos from the two understanding of genetics and finding (66 FR 38611), we determined regions. Fleischer examined two neutral geography variation in yellow-billed that the population segment of the regions of the mitochondrial DNA cuckoo populations (Hailer et al. 2012, yellow-billed cuckoo that nests in the (Control Region and ATPase subunit 8 pp. 346–347). portion of the United States west of the regions) and found no genetic structure However, Hughes (1999, pp. 1–27) Continental Divide is a DPS under the that separated eastern from western concluded that size alone was sufficient Act per our 1996 DPS Policy. Because yellow-billed cuckoos, or supported to separate the subspecies, and that the it has been more than a decade since we subspecies or evolutionarily significant discriminant function analysis conducted that analysis, it is unit (for example, a species, a equations developed by Franzreb and appropriate to reevaluate the available subspecies, or a distinct population) Laymon (1993, pp. 17–28), and used by data, including any new information, to status for the species. He did suggest Pyle (1997, pp. 56–57), worked to determine whether the population that an examination of markers with identify individuals to subspecies level. segment of yellow-billed cuckoos that higher mutation rates (for example, She also concluded that: (1) The size nest in western North America is a DPS microsatellites) might reveal significant differences between the subspecies in under the Act. This evaluation is genetic structure and suggested that western Texas and southern New presented below. microsatellite studies be conducted. Mexico, the closest distance between Pruett et al. (2001, p. 229) examined eastern and western yellow-billed Distinct Vertebrate Population Segment a different region of the mitochondrial cuckoos, were not gradual east to west Analysis DNA (cytochrome b), and came to a and the change in size was too abrupt Under the Act, we must consider for different conclusion from Fleischer. to be clinal; (2) the difference in timing listing any species, subspecies, or, for They found substantial differences of migration and breeding ‘‘must have , any DPS of these taxa if between the two subspecies, and evolved independently for some time;’’ there is sufficient information to concluded that they were genetically and (3) the eastern and western yellow- indicate that such action may be distinct and had diverged 205,000 to billed cuckoos were different taxa, warranted. To implement the measures 465,000 years ago. They concluded that probably at the subspecies level (Hughes prescribed by the Act and its the western yellow-billed cuckoo was 2000, pp. 1–2). Congressional guidance, we (along with an evolutionarily significant unit, In summary, the available genetic data the National Marine Fisheries Service) probably at the subspecies level, and regarding the distinguishability of the developed policy that addresses the that these results were particularly western subspecies of the yellow-billed recognition of DPSs for potential listing significant because the differences were cuckoo is conflicting. Since 2001, three actions (61 FR 4721; February 7, 1996). found on a gene that codes for a protein genetic studies have been completed on The policy allows for more refined important in cell respiration, not a the yellow-billed cuckoo using application of the Act that better reflects

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the biological needs of the taxon being population segment configurations, we yellow-billed cuckoos are poorly considered, and avoids the inclusion of determined that the Continental Divide known. entities that do not require its protective (generally the crest of the Rocky The geographical breeding range of measures. Mountains based on watershed the yellow-billed cuckoo in western Before we can evaluate whether a boundaries), the watershed divide North America includes suitable habitat given population segment is a DPS between the Rio Grande and Pecos within the low- to moderate-elevation under the Act, we must first determine River, and the Chihuahuan Desert in areas west of the crest of the Rocky if any population segments exist for the Mexico was the best division between vertebrate species. As discussed in the Mountains in Canada and the United eastern and western populations. The States including the upper and middle Taxonomy section above, much of the area that we are considering occupied available scientific information supports Rio Grande, the Colorado River Basin, by the potential DPS for the yellow- considering the yellow-billed cuckoos the Sacramento and San Joaquin River billed cuckoo is closely aligned with the that nest in western and eastern North systems, the Columbia River system, America as biologically separate traditionally defined range of the and the Fraser River. In Mexico the population segments. western yellow-billed cuckoo range includes the Cape Region of Baja To establish the range of the subspecies as partially described in the California Sur, and river systems in the population segment under July 25, 2001, 12-month finding (66 FR Mexican States of Sonora, Sinaloa, consideration, we used the area 38611). Our goal is to determine if this western Chihuahua, and northwestern occupied by the western yellow-billed western population meets the criteria of Durango. Eastern yellow-billed cuckoos cuckoo (the subspecies) originally a distinct population segment and, if so, (Coccyzus americanus americanus) defined by Ridgway (1887, p. 273) and whether the range boundaries identified breed east of the Rocky Mountains, later refined by other researchers (AOU in the literature are appropriate for the north to North Dakota and southern 1957, pp. 269–270; Oberholser and boundary of the DPS. This DPS analysis Ontario, Canada, and south to eastern Kincaid 1974, pp. 434–435; Hughes is based solely on the range during the Mexico, and the islands of the 1999, Figure 1). After careful breeding season because the migration (AOU 1957, pp. 269–270) consideration of other possible route and winter range of western (Figure 1).

Under our DPS policy, three elements endangered or threatened under the Act. remainder of the species to which it are considered in a decision regarding The elements are: (1) Discreteness of the belongs; (2) the significance of the the status of a possible DPS as population segment in relation to the population segment to the species to

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which it belongs; and (3) the population of the Rocky Mountains based on above approximately 6,000 feet (ft) segment’s conservation status in relation watershed boundaries, south along the (1,850 meters (m)), and almost never to the Act’s standards for listing. In Rio Grande-Pecos Rivers watershed breeds above 7,000 ft (2,154 m) (Bailey other words, if we determine that a divide to the United States-Mexico 1928, pp. 307–309; Phillips et al. 1964, population segment of a vertebrate border in the Big Bend area of Texas, p. 45; Bailey and Niedrach 1965, pp. species being considered for listing is then into Mexico along the eastern and 404–406; Johnsgard 1986, p. 201; both discrete and significant, we would southern boundaries of the State of Corman and Magill 2000, pp. 10, 15; conclude that it represents a DPS, and Chihuahua south to the southern border Howe and Hanberg 2000, p. 1–20). thus a ‘‘species’’ under section 3(16) of of the State of Durango and to the Exceptions to the elevational limit do the Act, whereupon we would evaluate Pacific Ocean along the southern border occur and recent records of yellow- the level of threat to the DPS based on of the State of Sinaloa. The distance of billed cuckoos have been confirmed the five listing factors established under separation between breeding yellow- above 6,000 ft (1,850 m) in the areas of section 4(a)(1) of the Act to determine billed cuckoos in the east and west Lower Green River Basin from the whether listing the DPS as an varies along this division from 160 mi Seedskadee National Wildlife Refuge ‘‘endangered species’’ or a ‘‘threatened (257 km) to more than 400 mi (644 km), (NWR) to the Flaming Gorge Reservoir species’’ is warranted. and consists entirely of areas of and west to the Bear River Drainage in Below, we evaluate under our DPS unoccupied, unsuitable habitat for Wyoming; along the Yampa River near policy whether the population segment breeding yellow-billed cuckoos. The one Craig in northwest Colorado, and the of yellow-billed cuckoos that occurs in exception to this distance of separation Rio Grande River near Del Norte, and the western United States, northwestern is along the Rio Grande in southwestern San Luis Valley of south-central Mexico, and southwestern Canada Texas in Brewster County, where Colorado; and the Henry’s Fork River in qualifies as a DPS under the Act. eastern yellow-billed cuckoos breed as Utah and Wyoming. Nevertheless, most Discreteness far west as Rio Grande Village and of the crest of the Rocky Mountains western yellow-billed cuckoos are found includes a wide region of higher Under our DPS Policy, a population upstream along the river approximately elevation where habitat for the species segment of a vertebrate species may be 50 mi (80 km) to the west. does not occur. In Colorado and considered discrete if it satisfies either Yellow-billed cuckoos historically Wyoming the region above 6,000 ft of the following two conditions: (1) It is bred at the southern tip of Vancouver (1,850 m) is typically more than 150 mi markedly separated from other Island and in the Fraser River valley (240 km) wide on an east-west axis populations of the same taxon as a north to Kamloops in southwestern (Oxford 1995, p. 82). consequence of physical, physiological, British Columbia, Canada (Bent 1940, p. The separation of the yellow-billed ecological, or behavioral factors 64; Campbell et al. 1990, p. 481). The cuckoo western population segment (quantitative measures of genetic or species was apparently never common, from yellow-billed cuckoos in the morphological discontinuity may with 23 records (18 specimen and 5 eastern population segment continues provide evidence of this separation); or sight records) between 1881 and 1927. south along the crest of the Rockies into (2) it is delimited by international Two of these observations were of pairs southern Colorado and northern New governmental boundaries within which believed to be nesting but not Mexico, then the Rocky Mountains end significant differences in control of confirmed. Since the 1920s, the species and the separation is along the exploitation, management of habitat, has been recorded five times in British watershed boundary between the Rio conservation status, or regulatory Columbia, with four of those records Grande and the Pecos Rivers in central mechanisms exist that are significant in occurring since 1990 from the eastern New Mexico (Sangre de Cristo light of section 4(a)(1)(D) of the Act. half of the Province in areas not Mountains), and southwest Texas, The analysis of the population considered breeding habitat (Campbell terminating at the Rio Grande in the Big segment of the yellow-billed cuckoo in et al. 1990, p. 481; Siddle 1992, p. 1169; Bend National Park. In this region, the western North America is based on the Cornell Lab of 2012). eastern and western yellow-billed first of those two conditions, the marked Today, the species is considered cuckoo populations are separated by separation from other populations. From extirpated as a breeder from the arid basins and isolated mountain southwest British Columbia along the Province, but adult, nonbreeding ranges that emerge from a high desert Canadian border to the southern end of individuals still occur irregularly plateau. These mountain ranges from the Sangre de Cristo Mountains in (British Columbia Conservation Data north to south include the Sangre de northern New Mexico, nesting yellow- Centre 2013). Cristo Mountains and Sacramento billed cuckoos in western North In the northern Rocky Mountains and Mountains in central and southern New America are separated from nesting northern Great Plains—from the Canada Mexico, the Guadalupe Mountains and yellow-billed cuckoos in eastern North border south through Colorado—the Delaware Mountains on the Texas-New America by the high-elevation zone of yellow-billed cuckoo is ‘‘extremely rare Mexico border, and the Davis the Rocky Mountains. Yellow-billed and local’’ as a breeding bird both east Mountains, Del Norte Mountains, and cuckoos breed both east and west of the and west of the Rocky Mountains Santiago Mountains in western Texas crest of the Rocky Mountains, where (Hughes 1999, p. 3). While the species south to the Chisos Mountains in the suitable habitat occurs (Johnsgard 1986, breeds locally in river valleys in Big Bend National Park on the border p. 201) (we define the crest of the Rocky southern Idaho, southwestern Wyoming, with Mexico. Mountains and Continental Divide as western Colorado, and in Utah (Hughes In southern New Mexico and western the high elevation zone between the 1999, pp. 1–3), it is quite rare or absent Texas where western yellow-billed drainages flowing west and east in the within the higher Rocky Mountains cuckoos nest along the Rio Grande and U.S., Canada, and Mexico). The division (Johnsgard 1986, p. 201). An eastern yellow-billed cuckoos nest along between the western and eastern examination of the distributional the Pecos River, the geographical population segments spans a distance of records for the Rocky Mountain region separation is as little as 160 mi (257 km) about 2,200 miles (mi) (3,540 kilometers indicates that the area has had few and even closer along the Rio Grande (km)) from southwest British Columbia records of yellow-billed cuckoos and the (50 mi; 80 km). The closer proximity of near the Canadian border along the crest species is even scarcer at elevations western and eastern yellow-billed

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cuckoos in this region may be caused in June or July, the primary breeding Timing of spring migration and arrival part by the lower height of the mountain season. on the breeding grounds has been range being a less effective barrier From this information we concluded determined to be the result of an (Hubbard 1978, p. 32; Howe 1986, p. 2). that the Chihuahua-Coahuila border was evolved response under genetic control, Historically, this gap was wider, the most biologically reasonable and is likely caused by east-west because the banks of the Pecos River did boundary for the population segment. climatic, habitat, and food availability not have riparian woodland and the area The boundary then follows the southern differences (Cresswell et al. 2011, pp. was not used by the species. Today, the border of Chihuahua west to the 13–15). The watershed boundary riverine habitat along the Pecos River Continental Divide, then south along the between the Rio Grande and the Pecos consists primarily of introduced divide through the State of Durango and Rivers also appears to separate yellow- tamarisk (Tamarix spp.), and it is west along the southern border of billed cuckoos that arrive in spring thought that yellow-billed cuckoos from Durango and Sinaloa. There are no migration earlier on the Pecos River and eastern North America have colonized breeding season records for yellow- those that arrive later on the Rio Grande billed cuckoos from the State of Nayarit the Pecos River system. Much of the in addition to separating morphological or Jalisco or farther south along the area between the Pecos River and the differences. Pacific coast of Mexico. The species has Information, including timing of Rio Grande in New Mexico and Texas occurred sporadically in the State of migration, indicates that yellow-billed consists of internal ephemeral drainages Zacatecas, but the records are from east cuckoos from Texas west of the Pecos that are not connected to any major river of the Continental Divide. River (from the Rio Grande upstream of systems and have no riparian habitat. Eastern and western yellow-billed Big Bend) and from northwestern Considering these factors along with the cuckoos are highly migratory and the Mexico (Chihuahua, Sonora, Sinaloa, information on physical factors, we two populations may spend winters in Durango, Baja California Sur) exhibit have included Texas west of the Rio overlapping regions in South America. greater similarity to yellow-billed Grande–Pecos River watershed However, we do not have information to cuckoos in western North America, and boundary within the range of the indicate that there is anything more those on the Pecos River in Texas and western population. This physical than an extremely low level of eastern Mexico (Coahuila, Nuevo Leon, division coincides with behavioral interchange (if any at all) between the Tamaulipas, San Luis Potosi) are more differences between eastern and western two populations during the breeding similar to yellow-billed cuckoos in the yellow-billed cuckoos, as discussed season. This conclusion is supported by east (Wauer 1971, p. 96; Oberholser and below. differences in habitat use and Kincaid 1974, pp. 434–435; Franzreb South of the United States-Mexico morphology, which are genetically and Laymon 1993, pp. 17–28; Hughes border, yellow-billed cuckoos are controlled traits, as discussed in the 2000, pp. 1–2, 26; Sproul 2001, in litt., separated by extensive areas of desert following sections. pp. 1–5). Based on the best available that lack suitable nesting and foraging Although the Rocky Mountains and science, the watershed boundary habitat. In Mexico, the Chihuahuan the Chihuahuan Desert may not wholly between the Rio Grande and Pecos Desert widens to 350 mi (563 km), and prevent movement of yellow-billed Rivers is the optimum dividing line includes nearly all of the States of cuckoos between the east and west, between eastern and western yellow- Chihuahua and Coahuila. There are very especially in a migratory species that billed cuckoo in this area. few records of yellow-billed cuckoos for winters far to the south, and moves Based on migration timing, yellow- billed cuckoos split into two this region, and we are not aware of any thousands of miles between its wintering and breeding grounds, the populations. This split occurs along the nesting records for either State. Suitable available information indicates that this line that corresponds with the breeding habitat or connective riparian mountain range and desert substantially traditional subspecies boundary (see corridors are also lacking. Published separates yellow-billed cuckoo Figure 1). range maps for the species do not populations during the breeding season include the eastern three-quarters of Discreteness Conclusion thereby effectively separating them into Chihuahua or the western three-quarters discrete populations. The separation The available information indicates of Coahuila as part of the species’ between yellow-billed cuckoo that the yellow-billed cuckoo breeding range (Howell and Webb 1995, population segments in the east and population segment that occurs west of p. 347; Hughes 1999, p. 1). There are west is a physical one that is maintained the Continental Divide in the United only 12 records of yellow-billed cuckoos by their behavioral differences, which States, in southwestern Canada, and in from Chihuahua: 11 specimens from the we discuss below. northwestern Mexico is markedly 1940s to 1960 and a sight observation in separated from the eastern population 2003. There are only nine records of the Behavioral Discreteness segment of yellow-billed cuckoo, species from Coahuila: six specimen Data collected from publications and including those that nest in eastern and three sight records (1958, 1988, and other sources demonstrate the existence North America, eastern Mexico, certain 2011). Three of the specimens from of behavioral differences between Caribbean Islands, and the Yucatan Coahuila were identified as eastern yellow-billed cuckoos in the east and Peninsula. The distribution of the yellow-billed cuckoos on their museum west. western populations is markedly records, and the remainder were not Yellow-billed cuckoo populations in separated physically (geographically) identified to subspecies. Seven the east and west differ in the timing of during the breeding season from the specimens from Chihuahua were arrival on the breeding grounds in the distribution of other yellow-billed identified to subspecies and six of these spring. Yellow-billed cuckoos in cuckoo populations by high mountains, were considered the western subspecies. western North America arrive on the extensive desert, or nonhabitat areas It is likely that many, if not most, of the breeding grounds 4 to 8 weeks later than with the shortest geographical records from this region are of migrating eastern yellow-billed cuckoos at similar separation occurring across 160 mi (257 yellow-billed cuckoos, as 16 are from latitude (Franzreb and Laymon 1993, km) of desert between the Pecos River May to mid-June or from late pp. 24–25; Hughes 1999, pp. 5–6, 12–13; and Rio Grande in southern New September, and only 5 are from late Laymon 2000, in. litt., pp. 15–16). Mexico and western Texas. Evidence

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that this geographical separation criteria (numbers 2 and 4) are met by the yellow-billed cuckoos in the east to be between populations has been discrete population segment of yellow- uniform in measurement throughout consistent through time may be found in billed cuckoos that occurs west of the their range and yellow-billed cuckoos in the differences in the two populations’ Continental Divide. We address these the west to be uniform in measurements biology and morphology. Even in this significance factors below as they relate throughout their range (Banks 1988, p. area of closest proximity, genetically to the population segment of yellow- 475). Banks stated that the change from controlled behavior available in the billed cuckoos that nests west of the smaller to larger yellow-billed cuckoos scientific literature provides evidence of Continental Divide and in northwestern appeared to take place in extreme a biological separation between the Mexico. We focus on whether the loss western New Mexico or extreme eastern western populations and eastern of this population segment would result Arizona (Banks 1988 p. 476). A populations. in a significant gap in the range of the subsequent analysis, based on available Under our DPS policy, the standard taxon and evidence that the discrete specimens from New Mexico and for discreteness does not require population segment differs from other western Texas, showed the watershed absolute separation because this can population segments in its genetic boundary between the Pecos River and rarely be demonstrated for any characteristics in demonstrating the Rio Grande as the apparent population of organism. The standard significance of the DPS. boundary between the smaller eastern for discreteness is simply a mechanism Evidence indicates that loss of the and larger western birds, with a majority for the entity being considered for a DPS discrete population segment would of yellow-billed cuckoos on the Rio to be defined and described. For the result in a significant gap in the range Grande above Big Bend being larger yellow-billed cuckoo populations in of the taxon. An extensive area would western birds (63 percent, n=19) and the western North America, we have met be without yellow-billed cuckoos if the majority of yellow-billed cuckoos on the this standard, and, therefore, we western population segment were lost. Pecos River being smaller eastern birds consider the western population Seven entire states and substantial (82 percent, n=11) (Franzreb and segment of the yellow-billed cuckoo portions of five additional states in the Laymon 1993, p. 25). This is the only from southern British Columbia, Canada United States, and six states in Mexico, area where the ranges of the western south along the Continental Divide in that are currently occupied would have and eastern population segments are in the United States into Mexico, and no breeding populations of the species. close proximity; elsewhere the two ending at the coast in the State of experts divide the North populations are separated by wide Sinaloa, Mexico, to be discrete per our American continent into four migratory expanses of unsuitable, unoccupied DPS policy. We conclude that the flyways: the Atlantic, Mississippi, habitat (Figure 1). western population segment of the Central, and Pacific. The range of the Other physical and morphological yellow-billed cuckoo is discrete from yellow-billed cuckoo west of the Rocky differences exist between yellow-billed the remainder of the species because the Mountains covers the entire Pacific cuckoos in the east and west, and yellow-billed cuckoo population flyway and half of the Central flyway. provide additional evidence of segment that nests west of the Additionally, the range of the yellow- ecological significance. These include: Continental Divide and in northwestern billed cuckoo west of the Rocky • Yellow-billed cuckoos in western Mexico is markedly separated Mountains covers 1,350,000 square (sq) North America produce larger eggs (1.2 geographically and behaviorally from all mi (3,496,500 sq km), or approximately percent longer, 0.6 percent wider, and other populations of yellow-billed 40 percent of the lower 48 states. Even 3.2 percent heavier) with thicker cuckoo, including those that nest in though the actual area occupied by the eggshells (7.1 percent thicker) (Hughes eastern North America. species in western North America is less 1999, p. 14), which is an evolved trait than the total area identified above, the that would help yellow-billed cuckoos Significance potential loss of the western population in the west to cope with potential higher Under our DPS policy, once we have of the yellow-billed cuckoo would water loss in the hotter, drier determined that a population segment is constitute a significant gap in the range conditions of western North America discrete, we consider its biological and of the species in North America. (Hamilton and Hamilton 1965, pp. 426– ecological significance to the larger 430; Ar et al. 1974, pp. 153–158; Rahn Evidence That the Discrete Population taxon to which it belongs. Our DPS and Ar 1974, pp. 147–152). policy provides several potential Segment Differs Markedly From Other • Juvenile yellow-billed cuckoos in considerations that may demonstrate the Populations of the Species in Its Genetic the east have yellow bills (Oberholser significance of a population segment to Characteristics and Kincaid 1974, pp. 434–435), while the remainder of its taxon, including: (1) Data collected from publications and juvenile yellow-billed cuckoos in the Evidence of the persistence of the other sources demonstrate the existence west have all-black bills (Franzreb and discrete population segment in an of morphological and physiological Laymon 1993, p. 26). ecological setting unusual or unique for differences between yellow-billed • Adult yellow-billed cuckoos in the the taxon, (2) evidence that loss of the cuckoos in the east and west. west have a lower mandible that is discrete population segment would Morphologically, the yellow-billed orange-yellow, while yellow-billed result in a significant gap in the range cuckoos in western North America are cuckoos in the east have lower of the taxon, (3) evidence that the generally larger, with significantly mandibles that are bright yellow population segment represents the only longer wings, longer tails, and longer (Franzreb and Laymon 1993, p. 26; surviving natural occurrence of a taxon and deeper bills (Franzreb and Laymon Laymon 2000, in litt., p. 14). that may be more abundant elsewhere as 1993, p. 25). Banks, in a review of the • As noted previously, adult yellow- an introduced population outside its species taxonomic status (1988, pp. billed cuckoos in the west are larger and historic range, or (4) evidence that the 473–477) grouped yellow-billed cuckoo heavier, on average, than adult yellow- discrete population segment differs specimens into 19 regional groups, 7 in billed cuckoos in the east. More than 80 markedly from the remainder of the the western United States and western percent of individuals can be assigned species in its genetic characteristics. Mexico, 10 in the eastern United States to east or west based on morphological We have found substantial evidence and eastern Mexico, 1 in New Mexico, measurements. These differences are that two of these four significance and 1 in the Caribbean. He found discussed above in the ‘‘Taxonomy’’

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section (Oberholser and Kincaid 1974, trait in response to environmental species, we have determined that the pp. 434–435; Banks 1988, pp. 473–477; factors over a long period of time, and western population segment of the 1990, p. 538; Franzreb and Laymon thus is genetically linked (Cresswell et yellow-billed cuckoo is both discrete 1993, pp. 17–28). al. 2011, pp. 13–15). As previously and significant per our DPS policy. Information, including morphology, discussed, the difference in size of Therefore, we conclude that the western indicates that yellow-billed cuckoos yellow-billed cuckoos between east and population segment of the yellow-billed from Texas west of the Pecos River west, as well as differences in size, cuckoo is a DPS, and thus a ‘‘species’’ (from the Rio Grande upstream of Big weight, and shell thickness of eggs, are under section 3(16) of the Act. We Bend) and from northwestern Mexico also evolved genetically linked traits. As believe that we used the DPS authority (Chihuahua, Sonora, Sinaloa, Durango, stated earlier, researchers have appropriately in our determination of Baja California Sur) exhibit greater developed methods using these biological and ecological significance similarity to yellow-billed cuckoos in phenotypic (outwardly expressed) traits because we chose a population segment western North America, and those on that correctly predicted separation for with a geographical distribution that is the Pecos River in Texas and eastern nearly 90 percent of yellow-billed biologically meaningful and at an Mexico (Coahuila, Nuevo Leon, cuckoos that were eastern, and up to appropriate scope and scale to respond Tamaulipas, San Luis Potosi) are more approximately 86 percent that were to the petitioners’ request. similar to yellow-billed cuckoos in the western (Franzreb and Laymon 1993, The term ‘‘distinct population east (Wauer 1971, p. 96; Oberholser and pp. 17–28). Thus, based on the segment’’ is not commonly used in Kincaid 1974, pp. 434–435; Franzreb phenotypic traits, there is indirect scientific discourse. As such, and in and Laymon 1993, pp. 17–28; Hughes evidence that the discrete population contrast to taxonomically defined segment differs markedly from other 2000, pp. 1–2, 26; Sproul 2001, in litt., species and subspecies, there is no populations of the species in its genetic pp. 1–5). Based on the best available established name for the western characteristics. science, the watershed boundary distinct population segment of the between the Rio Grande and Pecos Significance Conclusion yellow-billed cuckoo in the available Rivers is the optimum dividing line The best available information literature; we will refer to this ‘‘species’’ between eastern and western yellow- indicates that the discrete yellow-billed (DPS) as the western yellow-billed billed cuckoo in this area. cuckoo population segment that nests cuckoo. The range of the western Based on morphological west of the Continental Divide and in yellow-billed cuckoo in Canada measurements, bill color of young and northwestern Mexico is important to the includes the area of Vancouver Island adults, egg size and weight, and taxon to which it belongs because: (1) and along the Fraser River system migration timing, yellow-billed cuckoos Loss of the population segment would upstream to Kamloops to the Rocky split into two populations. This split leave a significant gap in the species’ Mountains west of the Continental occurs along the line that corresponds range (more than one third of the Divide. In the United States the DPS with the traditional subspecies species’ range would be vacant); and (2) includes the area west of the boundary (see Figure 1). Phenotypically it differs markedly from other yellow- Continental Divide, south through expressed traits do present substantial billed cuckoo populations in Montana, Wyoming, Colorado, and evidence that the western population morphology (western yellow-billed along the watershed divide between the segment of yellow-billed cuckoo differs cuckoos are larger) Therefore, we upper and middle Rio Grande and Pecos markedly from other populations of the conclude that the western population Rivers in New Mexico and Texas, south species. segment of the yellow-billed cuckoo is to Big Bend in southwestern Texas, and However, the strongest evidence of significant per our DPS Policy. extending to the states of the west coast. differences between yellow-billed In Mexico, the DPS is the area west of cuckoos in the western population DPS Conclusion the eastern and southern border of the segment and those of the east in genetic Based on the best scientific and State of Chihuahua, west of the characteristics is the difference in commercial data available on Continental Divide in the State of timing of migrations. This difference distribution as well as behavioral and Durango, and the southern border of the can only have developed as an evolved morphological characteristics of the State of Sinaloa (Figure 2).

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Status Assessment for the Western breeding limit in the western interior months from late November through late Yellow-bled Cuckoo States is in southeastern Idaho. April moving around an area 1,243 mi (2,000 km) in length, 373 mi (600 km) Distribution Winter Range and Migration Routes in width, and 463,323 sq mi (1.2 million Breeding Range The winter range of the western sq km) in extent (Sechrist et al. 2012, Based on historical accounts, the yellow-billed cuckoo is poorly known. pp. 2–11). The light level geolocator is western yellow-billed cuckoo was Eastern and western yellow-billed a 0.05-oz (1.5-g) recording instrument widespread and locally common in cuckoos may intermingle on the used to determine flight paths of California and Arizona, locally common wintering grounds and in migration, or migrating birds. It records the change in in a few river reaches in New Mexico, they may have separate wintering areas light levels at different latitudes and locally common in portions of Oregon and migration routes. Data provided by longitudes, and stores the data. The bird and Washington, generally local and the U.S. Geological Survey (USGS) must then be recaptured so the time and uncommon in scattered drainages of the Biological Resources Division, Bird location data can be downloaded and arid and semiarid portions of western Banding Laboratory (BBL) from bird analyzed. The extent to which the Colorado, western Wyoming, Idaho, band returns to date have been western yellow-billed cuckoo Nevada, and Utah, and probably insufficient to determine wintering commingles with eastern yellow-billed uncommon and local in southern British patterns for the western yellow-billed cuckoos during migration or while Columbia, Canada (AOU 1998, p. 247; cuckoo (BBL 1998, in litt., p. 1; USGS overwintering is unknown. However, Hughes 1999, p. 3). In the past 90 years, 2012, web search). A single western because mates are selected on the the species’ range in the western United yellow-billed cuckoo from the breeding breeding grounds, commingling in States has contracted. The northern population on the middle Rio Grande migration or in the winter does not limit of breeding along the west coast is River in New Mexico was recently affect the DPS status of the western now in the Sacramento Valley, equipped with a geolocator and yellow-billed cuckoo. California, though recent surveys recaptured a year later near where it was Migration routes of the western suggest a small, potentially breeding originally tagged. Data from the yellow-billed cuckoo are also poorly population exists in coastal northern geolocator indicated that the yellow- known. Miller (1950, p. 83) recorded a California on the Eel River (AOU 1998, billed cuckoo wintered in eastern migrating flock of yellow-billed cuckoos p. 247; Hughes 1999, p. 3; McAllister Bolivia, southwestern Brazil, Paraguay, in the Cape region of Baja California Sur 2010, pp. 1–2). The current northern and northeastern Argentina, spending 5 in late May or early June. A fledgling

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yellow-billed cuckoo that was banded in katydids (Tettigoniidae sp.), male (Laymon et al. 1997, pp. 6–7; the South Fork Kern River Valley in late (Lepidoptera sp.), or other large prey Halterman 2009, p. 114). July 1985 was found dead near Phoenix items that form the bulk of their diet Yellow-billed cuckoos build an open in early September of the same year (Hamilton and Hamilton 1965, pp. 427– cup nest with a loose saucer-shaped (BBL 1998, in litt., p. 2) indicating a 428; Rosenberg et al. 1982, p. 271). On stick construction. Both parents build southeastern migratory direction. The the South Fork Kern River, the primary the nest, incubate, and tend the young. yellow-billed cuckoo equipped with a food items fed to young were Clutch size varies from two to five eggs geolocator (Sechrist et al. 2012, pp. 2– caterpillars, tree frogs (Pseudacris depending on the available food supply. 11) traveled from the middle Rio Grande regilla), katydids, and grasshoppers The incubation and nestling periods are River south to southern Sonora, Mexico, (Caelifera sp.) (Laymon et al. 1997, p. 7). short, with the eggs hatching in 11–12 in late July, then back north to the Rio In Arizona, are an important days and young fledging in 5–7 days. Grande before migrating southeast food source (Halterman 2009, p. 112). Incubation begins when the first egg is through central Texas and eastern In California and Arizona, yellow- laid and the young hatch Mexico in August and September, and billed cuckoos rarely begin nesting asynchronously, with the oldest near Honduras, Panama, and Columbia in before mid-June. Nesting in western fledging while the youngest has just October. In November, the bird traveled North America continues through hatched (Hughes 1999, p. 15). Nesting success is high in comparison through the upper Amazon Basin of August, and up to three broods can be to other open-cup nesting birds southern Columbia and western Brazil raised in a season if the prey base is (Laymon et al. 1997, p. 11). On the before flying to its wintering area later sufficient (Laymon et al. 1997, p. 11; South Fork Kern River from 1985 to in November. During spring migration, Halterman 2009, p. 77). First egg dates 2001, of 104 nests that were monitored, the yellow-billed cuckoo moved north for 104 nests at the South Fork Kern 92 (88 percent) successfully produced at into western Brazil in early May, River from 1985 to 2001 ranged from least one young and 76 percent of eggs traveling throughout the month through June 6 to August 5, and the peak of the laid produced fledged young (Laymon Columbia, Venezuela, and the breeding season was between June 21 and Williams 2002, p. 8). On the Bill Caribbean, including Haiti and Jamaica, and July 20, with 82.5 percent of the Williams River in western Arizona from before arriving on the Yucatan clutches initiated during that time Peninsula in Mexico on June 1. It then 1993 to 2000, of 20 nests that were period (Laymon and Halterman 1985, p. monitored, 16 (80 percent) successfully flew overland to the lower Rio Grande 33; Laymon and Halterman 1986, p. 12; before moving to the Conchos River in produced at least one young and 72 Laymon et al. 1987, p. 10; Laymon and percent of the eggs laid produced Chihuahua, Mexico, in mid-June, and Whitfield 1988, p. 6; Laymon et al. returned to the middle Rio Grande near fledged young (Halterman 2001, p. 26). 1989, p. 9; Laymon 1991, p. 8; Laymon Another study on the lower Colorado its original capture point in early July et al. 1993, p. 10; Laymon et al. 1994, and Bill Williams Rivers from 2008 to (Sechrist et al. 2012, pp. 2–11). p. 9; Laymon and Williams 1998, p. 6; 2011, found that, of 59 nests monitored, Life History Parameters Laymon and Williams 1999a, p. 7; 73 percent were successful in fledging at Laymon and Williams 1999b, p. 7; least one young (Bill Williams River, Migration Timing Laymon and Williams 2001, p. 7; 100 percent; lower Colorado River, 59 The western yellow-billed cuckoo Laymon and Williams 2002, p. 8). percent) (McNeil et al. 2012, pp. 49–54). generally arrives on its breeding Yellow-billed cuckoos may breed at On the San Pedro River in southeastern grounds in mid-June. Available data multiple disjunct locations in the same Arizona from 2001 to 2005, of 83 nests from California, Arizona, and western year, with birds nesting in the United that were monitored, 58 (70 percent) New Mexico indicate a small number of States and then nesting again in Sonora, successfully fledged at least one young arrivals in May, but most birds arrive in Mexico (Rohwer et al. 2009, pp. 19050– (Halterman 2002, p. 11; Halterman 2003, June and some do not arrive until early 19055). p. 11; Halterman 2004, p. 12; Halterman July (Gaines and Laymon 1984, pp. 53– Reproduction 2005, p. 10; Halterman 2006, pp. 10–11). 58; Hughes 1999, p. 5; Cornell Lab of Ornithology 2012). In late summer, the Yellow-billed cuckoos exhibit a Breeding Site Fidelity birds begin their southbound migration variety of reproductive strategies that Breeding site fidelity, whether yellow- in mid-August, and most have left the are thought to increase population billed cuckoos return to breed in the breeding grounds by mid-September recruitment during years with abundant same area in which they hatched or (Gaines and Laymon 1984, pp. 53–58). food. Long-term research at the South nested in a previous year, is difficult to Migration timing is similar throughout Fork Kern River in California shows that study. Banding birds with unique the range of the western DPS (Hughes most pairs (approximately 70 percent) combination of bands is a way for 1999, p. 5). As mentioned previously, a are monogamous during a breeding researchers to track individuals through yellow-billed cuckoo with a geolocator attempt (Laymon 1998, p. 4). There are time, allowing them to determine departed its breeding grounds in the instances of communal nesting, with whether an individual has returned to middle Rio Grande on August 28, 2009, two pairs laying eggs and tending young the same area. However, yellow-billed and arrived back on its breeding ground in the same nest (Laymon 1998, p. 4). cuckoos often perch in dense foliage on June 14, 2010 (Sechrist et al. 2012, In approximately 30 percent of nests, and have short legs that are often pp. 2–11). apparently unrelated helper males covered by body feathers, so bands are attend the nest. Yellow-billed cuckoos hard to see. As a result, there is a Breeding Season regularly nest twice during a single limited amount of information on site The western yellow-billed cuckoo’s breeding season (double brood) and, fidelity. breeding season varies regionally with during years of exceptionally abundant The available data show that adults the availability of its preferred food. food, have successfully raised three and nestlings do return to the same or Nesting peaks later (mid-June through broods in a season. While the male mate nearby nesting sites in successive years August) than in most co-occurring bird tends the young of the first nest, the (Laymon 1998, p. 6). For example, along species, and may be triggered by an female can initiate a second clutch the San Pedro River in Arizona, abundance of cicadas (Cicadidae sp.), either with the same mate or with a new Halterman (2009, p. 77) re-sighted 5 of

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52 (9.6 percent) yellow-billed cuckoos In California, Grinnell and Miller (1944, River, size of site, amount of riparian banded between 2001 and 2005. On the pp. 186–187) described the yellow- habitat in each 5-mi (8-km) river Colorado River in California and billed cuckoo habitat as ‘‘riparian segment, and presence of young woody Arizona, 4 of 14 yellow-billed cuckoos jungles of willows of fairly old growth, vegetation were the most important (31 percent) banded in 2009 were re- often mixed with Fremont cottonwoods factors in a model explaining the sighted in 2010, and 7 of 51 yellow- (Populus fremontii), and with a tangled distribution of yellow-billed cuckoo billed cuckoos (11.8 percent) banded in ‘lower story’ of blackberry (Rubus sp.), pairs (Halterman 1991, p. 30). On the 2010 were re-sighted in 2011 (McNeil et nettles (Urtica sp.), or wild grape (Vitis lower Colorado River, in a comparison al. 2011, p. 32; McNeil et al. 2012, p. californica).’’ In other portions of the of occupied versus unoccupied habitat, 63). Banded male yellow-billed cuckoos range, narrow-leaf cottonwood (Populus yellow-billed cuckoos were found at on both the Colorado and Kern Rivers augustifolia) and mesquite (Prosopis sites with denser riparian vegetation have returned to the same area to breed spp.) are important habitat component and more variation in vegetation for three consecutive seasons (Laymon (Righter et al. 2004, p. 82; Saab 1999, density, and less tamarisk and shrubby 1998, p. 6; McNeil et al. 2011, p. 32; pp. 136–137). Occupied habitat in vegetation, compared to unoccupied McNeil et al. 2012, p. 63). Two female Arizona may also contain box elder sites (Johnson et al. 2012, pp. 15–17). yellow-billed cuckoos dispersed 21 and (Acer negundo), Arizona alder (Alnus Recent radio telemetry studies on the 24 mi (33 and 38 km) to other sites oblongifolia), Arizona walnut (Juglans Rio Grande in New Mexico, the San along the same reach of the Colorado major), Arizona sycamore (Platanus Pedro River in Arizona, and the River (McNeil et al. 2012, p. 74). They wrightii), oak (Quercus spp.), netleaf Colorado River in Arizona and also report a relatively high re-sight rate hackberry (Celtis reticulata), velvet ash California have shown that yellow- of 13 percent among returning yellow- (Fraxinus velutina), Mexican elderberry billed cuckoos use large home ranges of billed cuckoos banded as chicks in 2010 (Sambuccus mexicanus), tamarisk 204 ac (82 ha), 125 ac (51 ha), and 95 and returning as adults in 2011 (McNeil (Tamarix spp.; also called salt cedar), ac (38 ha), respectively (Halterman et al. 2012, pp. 73–74). and seepwillow (Baccharis glutinosa) 2009, p. 93; Sechrist et al. 2009, p. vii; Conversely, the dramatic fluctuation (Corman and Magill 2000, p. 5). Surveys McNeil et al. 2010, p. 75; McNeil et al. in breeding pairs at long-term study conducted by the Arizona Breeding Bird 2011, p. 37; and McNeil et al. 2012, p. sites indicates that year-to-year Atlas (Corman and Wise-Gervais 2005, 69). Breeding densities on the South movement between potential breeding p. 202) reported 68 percent of the Fork Kern River, where intensive areas also occurs. On the South Fork yellow-billed cuckoo observations were surveys for yellow-billed cuckoos were Kern River from 1985 to 2000, the in lowland riparian woodlands, often conducted for 17 years, averaged 0.81 population increased from a low of 2 containing a variable combination of pairs per 100 ac (40 ha) (Laymon et al. pairs in 1990 to a high of 24 pairs in Fremont cottonwood, willow, velvet 1997, p. 19; Laymon and Williams 2002, 1992, an increase that could not have ash, Arizona walnut, mesquite, and p. 5), which means they had home come totally from local population tamarisk. ranges of about 123 ac (50 ha) on growth and recruitment (Laymon and Throughout the western DPS range, a average. Williams 2001, p. 9). On the Bill large majority of nests are placed in On the Verde River in Arizona, sites Williams River from 1993 to 2002, the willow trees, but alder (Alnus spp.), occupied by yellow-billed cuckoos were population varied from a low of 9 pairs cottonwood, mesquite, walnut (Juglans composed of deciduous riparian habitat or less in 1999 to a high of more than spp.), box elder, sycamore, and tamarisk at least 325 ft (100 m) in width, 28 pairs in 2001, again, an increase that are also used (Jay 1911, pp. 69–73; dominated by Fremont cottonwood, unlikely came entirely from local Hanna 1937, p. 58; Laymon 1980, p. 12; Goodding’s willow (Salix gooddingii), population growth and recruitment Halterman and Laymon 1995, pp. 15– Arizona alder, and Arizona sycamore, (Halterman 2003, p. 31). In addition, 16; Corman and Magill, p. 16; Holmes often adjacent to patches of mesquite geolocator data from the cuckoo on the et al. 2008, p. 21). Most nests are placed (Holmes et al. 2008, p. 27). middle Rio Grande indicates that the on well-foliaged horizontal branches at In Sonora, Mexico, yellow-billed species can make long-distance sites with dense canopy cover above the cuckoos were summer residents in movements during the breeding season nest (Laymon et al. 1997, pp. 7–8). willow–cottonwood riparian woodland, (Sechrist et al. 2012, pp. 2–11). It is Western yellow-billed cuckoos older mesquite woodland, tropical likely that cuckoos return to sites of require large blocks of riparian habitat deciduous forest, and tropical thorn previous successful breeding, but, if the for breeding. Home ranges are large, scrub (Russell and Monson conditions are not suitable that year vary in size depending on seasonal food 1998, p. 131). In southern Sonora, they move to other potential breeding abundance, and overlap greatly both Mexico, Short (1974, p. 24) found the sites. between members of a pair and between yellow-billed cuckoos breeding in neighboring pairs. At the landscape upland thorn forest, but they were more Habitat Use and Needs level, the amount of cottonwood– common in the riparian zone. In a study The western yellow-billed cuckoo willow-dominated vegetation cover and focusing on cactus ferruginous pygmy- currently nests almost exclusively in the width of riparian habitat influences owls (Glaucidium brasilianum low to moderate elevation riparian western yellow-billed cuckoo cactorum) during late spring and woodlands that cover 50 acres (ac) (20 distribution and abundance (Gaines and summer from 2001 through 2010, Flesch hectares (ha)) or more within arid to Laymon 1984, p.76). In California, (2012 in litt.) found yellow-billed semiarid landscapes (Hughes 1999, p. yellow-billed cuckoos are most likely to cuckoos at 95 sites from June to 6). Biologists have hypothesized that be found in patches of willow– September at elevations from 328 to yellow-billed cuckoos may be restricted cottonwood riparian habitat greater than 6,902 ft (100 to 2,104 m). The number to these extensive, moist habitats 200 ac (81 ha) in size. Yellow-billed of birds at each site ranged from 1 to 15 because of humidity requirements for cuckoos rarely used smaller patches of individuals. Flesch also confirmed successful hatching and rearing of habitat, particularly when they were breeding at four sites in thornscrub young (Hamilton and Hamilton 1965, p. distantly isolated from other patches of habitats and at one site in upland 427; Gaines and Laymon 1984, pp. 75– riparian habitat (Laymon and Halterman Sonoran Desert habitat. These records 76; Rosenberg et al. 1991 pp. 203–204). 1989, pp. 274–275). On the Sacramento indicate a broader use of habitat by

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yellow-billed cuckoos in Sonora, yellow-billed populations, these and the Malheur NWR (Altman 2001 Mexico, possibly as a result of more populations have declined by 59 to 67 pers. comm.), but in the last decade it humid conditions caused by increased percent over the past 43 years (USGS has not been a regular visitor (Marshall summer rainfall. 2012). This decline has been linked to et al. 2003, p. 306). Little information is available on the both the North Atlantic Oscillation and Recent records from the west side of foraging habitat of the western yellow- the El Nin˜ o Southern Oscillation, as the Cascades at the Sandy River Delta billed cuckoos. Laymon (1980, p. 6) well as to rising local temperatures near its confluence with the Columbia found that yellow-billed cuckoos (Anders and Post 2006, pp. 221–227). River in July of 2009, 2010, and 2012 nesting along the Sacramento River in For the western yellow-billed cuckoo, (Withgott 2012, in. litt.; Leal 2012, in. English walnut orchards captured 88 only information from regional and litt.) were the first observations of the percent of their food in riparian habitat, local sources is available to determine species west of the Cascades since 1977. foraging primarily in cottonwoods, population trends. In June 2010 during surveys on the willows, and white alders (Laymon Columbia River a possible cuckoo 1980, pp. 16–18). On the South Fork Pacific Northwest response was heard at Wallace Island, Kern River, yellow-billed cuckoos In the Pacific Northwest, including Columbia County, but the sighting could foraged primarily in cottonwood and Oregon, Washington, and British not be verified (Flotlin 2011). Up to 87 willow woodlands with abundant leafy Columbia, Canada, the western yellow- percent of wetland and riparian habitat vegetation (high foliage volume) billed cuckoo was formerly fairly have been lost in the Willamette Valley (Laymon and Halterman 1985, p. 11). common locally in cottonwood and due to agricultural practices and High foliage volume of cottonwoods willow bottoms along the Willamette urbanization (Roth et al. 2004). The appeared to be an important and lower Columbia Rivers in Oregon available data suggest that if yellow- characteristic of foraging sites, a and Washington, and in the Puget billed cuckoos still breed in Oregon the parameter also noted by researchers Sound lowlands of Washington (Jewett numbers are extremely low, with pairs studying yellow-billed cuckoos along et al. 1953, pp. 342–343; Gabrielson and numbering in the single digits. the Colorado River (Rosenberg et al. Jewett 1970, pp. 329–330; Roberson In Washington, the last confirmed 1991, pp. 203–204). 1980, pp. 225–226; Marshall 1996, pp. breeding records of yellow-billed Little is known about migratory 1–2; Marshall et al. 2003, p. 306). They cuckoos are from the 1930s, and it is habitat for the western yellow-billed were also found locally in southwestern likely to have been extirpated as a cuckoo. Yellow-billed cuckoos may be British Columbia (Hughes 1999, p. 4), breeder in the State. Of the 24 records found in a variety of vegetation types but the available data are not adequate between 1836 and 1940 (9 egg sets, 7 during migration, including coastal to determine historical abundance. specimens, and 8 sight records), 23 were scrub, secondary growth woodland, Yellow-billed cuckoos were rare east of found west and one east of the hedgerows, humid lowland forests, and the Cascade Mountains in these States Cascades. The Washington Department forest edges from sea level to 8,125 ft and Province (Campbell et al. 1990, p. of Fish and Wildlife ranks the species as (2,500 m) (Hughes 1999, pp. 6–7). 481; Marshall et al. 2003, p. 306; Wahl having historical occurrences only but Additionally, during migration they et al. 2005, p. 210). still expected to occur in the State. may be found in smaller riparian In Oregon, the last confirmed Incidental sightings have occurred patches than those in which they breeding records are from the 1940s. throughout the State, and the possibility typically nest. An account of a migrating Historically, western yellow-billed of a vestigial breeding population may flock of yellow-billed cuckoos from the cuckoo were considered rare in the still exist (Wahl et al. 2005, p. 210). Cape region of Baja California Sur State, both in the Willamette Valley, Researchers made 17 records from 1956 documented them using mesquite scrub along the lower Columbia River, and in to 2012, of which 13 were east of the woodland (Miller 1950, p. 83). This eastern Oregon along the Snake River, Cascades. The yellow-billed cuckoo is variety of vegetation types suggests that although they were fairly common along currently a candidate species for State the habitat needs of the yellow-billed the Columbia River from 1923 to 1925 listing as threatened or endangered cuckoo during migration are not as (Gabrielson and Jewett 1970, pp. 329– (Washington Natural Heritage Program restricted as their habitat needs when 330). Between 1970 and 1977, four 2009, pp. 9, 35). Exploratory surveys nesting and tending young. yellow-billed cuckoo sightings were have been conducted in Okanogan, Wintering habitat of the western made west of the Cascade Mountains in Yakima, Cowlitz, and Wahkiakum yellow-billed cuckoo is poorly known. the Willamette Valley (Gilligan 1994, Counties in recent years to check The species as a whole winters in pp. 162–163). Between 1970 and 1994 at locations of previous sightings woody vegetation bordering fresh water least 20 yellow-billed cuckoos have (Okanogan County) and potential in the lowlands to 1,500 m (4,921 ft), been sighted east of the Cascade habitat (Yakima, Cowlitz, and including dense scrub, deciduous Mountains (Gilligan 1994, pp. 162–163). Wahkiakum Counties), but no yellow- broadleaf forest, gallery forest, A 1988 survey in eastern Oregon and billed cuckoos have been positively secondary forest, subhumid and scrub Klamath County located no yellow- detected (Salzer 2010, pp. 1–3; Flotlin forest, and arid and semiarid forest billed cuckoos, but identified potential 2011, pp. 1–2); however, protocol level edges (Hughes 1999, p. 7). breeding habitat along the lower surveys have not been conducted. There Owyhee River (Littlefield 1988, p. 34). are few remaining examples, none of Historical and Current Status Recent records from 1990 to 2009 are which are extensive, of the river Populations of the western yellow- primarily from May and June and from floodplain habitats bordering Puget billed cuckoo are too small and isolated the east side of the Cascades in Sound, which historically had the most in inaccessible habitat patches to be Deschutes, Malheur, and Harney yellow-billed cuckoo sightings in the effectively sampled or analyzed for Counties (Johnson and O’Neil 2001, pp. State (King County 2007, p. 2). The trends by the USGS Breeding Bird 460–461; Cornell Lab of Ornithology available data suggest that if yellow- Survey (BBS) program, which is 2012). Yellow-billed cuckoos were billed cuckoos still breed in conducted atpoint count along roads. In previously considered a rare annual Washington, the numbers are extremely the eastern United States and Canada, visitor in Harney County at isolated low, with pairs numbering in the single where BBS data can be used to analyze groves of trees known as vagrant traps digits.

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Yellow-billed cuckoos historically (Stephens and Sturts 1997, p. 36; Taylor Diversity Database 2003 (WYNDD)). In occurred in southwest British Columbia, 2000, pp. 252–254; Reynolds and July 2003, yellow-billed cuckoo surveys Canada, in the vicinity of Victoria on Hinckley 2005, p. 7; Cavallaro 2011, were conducted at the Seedskadee NWR Vancouver Island and along the Fraser entire). Taylor (2000, pp. 252–254), in and on July 10, 2003, a yellow-billed River system from Vancouver upstream his 2000 review of the status of the cuckoo near Big Island in Seedskadee to Kamloops (Bent 1940, p. 64; species in Idaho, concluded that they NWR responded with ‘kowlp’ calls to a Campbell et al. 1990, p. 481). The had declined greatly as a breeding bird recorded play-back call (Sweanor pers species was apparently never common, in the State, and that there were comm., WYNDD 2003). Call-back with 23 records (18 specimen and 5 currently fewer than a few dozen surveys were again conducted near Big sight records) between 1881 and 1927. breeding pairs and possibly fewer than Island in 2004 by Service personnel. Two of these observations were of pairs 10. More recent surveys of yellow-billed Subsequently, one observation was believed to be nesting. The species has cuckoos continue to show the majority made of a yellow-billed cuckoo in 2005 been recorded five times in British of sightings are in the Snake River and three cuckoos were observed in Columbia since the 1920s, with four of corridor in southeast Idaho with few or 2006 near Big Island, Seedskadee NWR those records from the eastern half of no sightings in other areas where the (Seedskadee NWR, unpublished the Province where historically the yellow-billed cuckoo had been reports). No other recent surveys have species had not been observed historically observed (Reynolds and been done (Beason 2010, pp. 2–3). The (Campbell et al 1990, p. 481; Siddle Hinckley 2005, p. 7; Cavallaro 2011, p. available literature suggests that the 1992, p. 1169; Cornell Lab of 3). In addition, yellow-billed cuckoos breeding population of the yellow-billed Ornithology 2012). As mentioned likely nested in south-central Idaho near cuckoo within the State is extremely previously, the species is considered as Stanton Crossing, Blaine County, in low, numbering in the single digits, and an extirpated breeder in the Province 2003 and 2004 (Reynolds and Hinckley potential nesting habitat is very limited. and is still very rare based on reported 2005, p. 7). A survey in 2009 near Magic Therefore, we conclude that the western observations (British Columbia Lake on the Big Wood River located a yellow-billed cuckoo occurs in very Conservation Data Centre 2013). singing male in a location that was small numbers as a breeder in previously unknown (Carlisle and Ware Wyoming, with likely fewer than five Montana 2010, p. 4). Follow-up surveys in 2010 breeding pairs. We have very limited data for yellow- along the Big Wood River and Little Colorado billed cuckoos from the area west of the Wood River failed to detect any yellow- Continental Divide in Montana. Three billed cuckoos (Carlisle and Ware 2010, West of the Continental Divide in specimens have been collected since the p. 12). The most recent statewide Colorado, the yellow-billed cuckoo was early 1960s, and there are few recorded assessment estimated the breeding probably never common (Bailey and sightings since the early 1900s population in Idaho is likely limited to Niedrach 1965, pp. 404–406), and it is (Saunders 1921, p. 174). A few records no more than 10 to 20 breeding pairs in now extremely rare (Kingery 1998, pp. indicate that yellow-billed cuckoos the Snake River Basin (Reynolds and 204–205). Yellow-billed cuckoos were occurred around the Flathead River Hinckley 2005, p. 7). found along the Colorado River in area, but there are no confirmed Palisade, near Grand Junction (Mesa breeding records (Lenard 2001, pp. 1–3). Wyoming County), annually through the 1950s Potential habitat within the range of the Historically, yellow-billed cuckoos and 1960s (Righter et al. 2004, p. 82). western yellow-billed cuckoo in were rare and local in Wyoming. Knight Yellow-billed cuckoos were also Montana is very limited, and it is (1902, p. 86), in his summary of the regularly detected as recently as the unlikely that a breeding population birds of Wyoming, did not include the mid-1980s along the Uncompahgre and exists within the State. species on the State’s list, and Grave Gunnison Rivers near Delta (Delta and Walker (1913, p. 46) reported only County) (Beason 2010, p. 1). Idaho one record for the State. Prior to 2001, In 1998, the Colorado Breeding Bird In Idaho, the yellow-billed cuckoo is the distribution of yellow-billed Atlas (Kingery 1998, pp. 204–205) gave considered a rare visitor and local cuckoos from summer records of the the general status of the yellow-billed summer resident that occurs in scattered Wyoming Natural Heritage Database cuckoo in Colorado as nearly extirpated drainages, primarily in the southeastern showed a few scattered sightings, with in the western half of the State. During portion of the State (Burleigh 1972, p. only 12 records from southwestern the 1987 to 1994 period covered by the 159; Idaho Fish and Game 2005, pp. Wyoming (Bennett and Keinath 2001, Atlas, only three yellow-billed cuckoos 222–223; Cavallaro 2011, entire). In pp. 9, 17). Currently, yellow-billed were recorded on the western slope, northern and central Idaho, there were cuckoo occurs on the western side of the with one confirmed nesting observation only four records of yellow-billed Rocky Mountains along the Lower along the Yampa River near Hayden in cuckoos during the 20th century (Taylor Green River Basin from the Seedskadee 1988. Other confirmed nesting records 2000, p. 252). Reynolds and Hinckley NWR to the Flaming Gorge Reservoir (mid-1980s) were associated with (2005, p. 5) concluded that the few and west to the Bear River Drainage. outbreaks of caterpillars in box elders in sightings in northern Idaho are most Within the range of the DPS defined in the Four Corners region and Durango likely of transient, nomadic, or migrant this document, breeding activity is area (Colyer 2001, pp. 1–6). National individuals; with no data suggesting unconfirmed in Wyoming, but Park Service surveys in southwest that the species historically or currently observations suggest that nesting may Colorado from 1988 through 1995 for nests there. In southwestern Idaho the occur within the Green River Basin and the Colorado Bird Breeding Atlas yellow-billed cuckoo has historically along the Snake River within the State provided no records of yellow-billed been considered a rare summer visitor (Deibert 2001, pers. comm., pp. 1–16). cuckoos. and breeder in the Snake River Valley On July 4, 2003 a yellow-billed cuckoo In 1998, biologists conducted focused (Idaho Fish and Game 2005, p. 223). was found by Wyoming Game and Fish yellow-billed cuckoo surveys along 242 Recent records are primarily from the Department in the town of Green River mi (389 km) of lowland river riparian southeastern portion of the State along after it collided with a window of their habitat along six rivers in west-central the South Fork of the Snake River office building (Wyoming Natural Colorado. They found one probable

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nesting pair (Dexter 1998, p. 3). Reports the Matheson Wetland Preserve near although the survey area was smaller of single yellow-billed cuckoos have Moab. Additionally, there are reports because of reduced access to private come primarily from the Grand Junction from at least five other areas where lands (Tomlinson 2010, p. 1). Surveys area and Mesa County in 2001, 2002, breeding has been suspected (Owens conducted at the Warm Springs Natural 2005, 2008, and 2011, with a report of 1998, pp. 3–6). Avian surveys of Area on the Muddy River documented more than one yellow-billed cuckoo at riparian habitats within the historical a nesting record for the species in 2000, Orchard Mesa Wildlife Area in 2006 range (the Salt Lake Valley) recorded 3 but also indicated a general decline in (Beason 2010, p. 1; Beason 2012, p. 5). yellow-billed cuckoos in 7,000 survey bird numbers from 2002 to 2009 Additional reports include one yellow- hours (Owens 1998, pp. 3–6). No (Tomlinson 2010, p. 1). Surveys billed cuckoo south of Montrose in statewide systematic surveys for yellow- conducted by the San Bernardino Montrose County near the Uncompahgre billed cuckoos have been conducted. County Museum at sites along the River in 2009, one yellow-billed cuckoo Survey results and the available Virgin and Muddy Rivers between 2000 along the Gunnison River near literature indicate an extremely small and 2008 detected yellow-billed Gunnison in 2007 (Beason 2010, p. 1), breeding population of yellow-billed cuckoos in all but one year, with the and detections by the Rocky Mountain cuckoos in Utah. Therefore, we number of individuals detected ranging Bird Observatory along the Yampa River conclude that the number of breeding from a low of 3 to a high of 12 (Braden near Craig in 2007 and 2008 and in far pairs in the State is fewer than 10 and et al. 2009, pp. 1–58). These surveys western Colorado near Nucla in 2005 not likely more than 20 pairs. were resumed by the Southern Sierra and 2008 (Beason 2010, p. 1). However, Research Station in 2009 and detected Nevada surveys repeated near Craig and Nucla one bird at each of two locations: in 2009 failed to detect yellow-billed The historical status of the yellow- Pahranagat Valley and the Key Pittman cuckoos. Since 2003, yellow-billed billed cuckoo in Nevada is poorly Wildlife Area (Tomlinson 2010, p. 2). cuckoos have been detected annually at documented, although there is evidence Incidental yellow-billed cuckoo the North Fork of the Gunnison River the species nested in western Nevada detections were also made during other Valley of west-central Colorado in Delta along the lower Truckee and Carson bird surveys in the Pahranagat Valley in County, and breeding was confirmed in Rivers and in southern Nevada along the 2008, 2010, and 2012 (SWCA 2013, 2008 and again in 2011 near Hotchkiss Colorado and Virgin Rivers (Linsdale Table C–1). In 2006, surveys were (Beason 2010, p. 1; Beason 2012, p. 5). 1951, p. 235; Neel 1999, pp. 118–120). conducted for the species at four Yellow-billed cuckoos have been Surveys using call-playback Nevada sites within the Lower Colorado detected annually since 2001 in the San techniques were completed along the River Multi-Species Conservation Plan Luis Valley of south-central Colorado in Truckee, Carson, and Walker Rivers in Boundary area (Johnson et al. 2007, pp. Conejos County where breeding is the early 1970s. In surveys of the six 1–220), resulting in detection of eight suspected, but not confirmed (Beason remaining areas of habitat able to yellow-billed cuckoos (Johnson et al. 2010, p. 1). Surveys conducted on the support yellow-billed cuckoos, as 2007, pp. 13–16). Fairly extensive Rio Grande near Del Norte, Rio Grande described by Gaines (1974, p. 206), no surveys of potential habitat at the Ash County, in 2008 and 2011 found yellow- birds were heard or seen (Oakleaf 1974, Meadows NWR resulted in detection of billed cuckoos at several locations pp. 18–19). Early documentation of single yellow-billed cuckoos in 2008 (Wildlife Specialties, LLC, 2008; yellow-billed cuckoos nesting in Nevada and 2009 (Tomlinson 2010, p. 2). Rawinski 2011). Surveys by the Rocky included a pair at Beaver Dam Wash, Additional protocol surveys were Mountain Bird Observatory in 2010 Lincoln County, in 1979 (Neel 1999, p. conducted in 2009 and 2010 in southern were conducted near historical 119). The only set of persistent sightings Nevada along the Muddy and Virgin detections and at sites with suitable along the Carson River occurred on Rivers, resulting in the detections of 3 habitat in Archuleta, Conejos, portions near Lahontan Reservoir (Neel cuckoos at Overton Wildlife Montezuma, and Rio Grande Counties 1999, pp. 118–120), where sightings of Management Area along the Muddy in south-central and southwest single birds year after year suggested River and 1 cuckoo detection at Colorado; no yellow-billed cuckoos long-term occupancy from 1986 to 1997 Mormon Mesa along the Virgin River in were detected (Beason 2010, p. 2). (Tomlinson 2010, p. 1). At least one 2010 (McNeil et al. 2010, pp. 27–29; Survey results and the available yellow-billed cuckoo was detected McNeil et al. 2011, pp. 140–142). In literature indicate an extremely small during surveys at the Lahontan addition, incidental detections of breeding population of yellow-billed Reservoir delta in 2012 indicating cuckoos were made almost annually cuckoos in western Colorado. Therefore, continued residency at that location during other bird surveys along the we conclude that the population of (Great Basin Bird Observatory 2013, p. Virgin and lower Muddy Rivers between breeding pairs numbers in the low 48). Between 1990 and 1999, Neel 2008 and 2012 with the highest number single digits in the State. (1999, p. 119) reported only sporadic of 4 cuckoos occurring in 2010 (SWCA sightings of single birds throughout the 2013, Table C–1). Survey results and the Utah State. available literature indicate a small Historically yellow-billed cuckoos Beginning in 2000, annual survey breeding population of yellow-billed were uncommon in Utah in woodlands efforts became more consistent in the cuckoos in Nevada. Therefore, we along streams in the lower valleys, southern portion of the State. The conclude that fewer than 10 breeding especially the Salt Lake Valley Nevada Division of Wildlife (NDOW) pairs occur in the State. (Hayward et al. 1976, p. 107). There are (2001, pp. 1–8) conducted surveys in scattered records for the State, mainly 2000 in southern Nevada and California from the vicinity of Provo, Ogden, and documented 19 yellow-billed cuckoos, In California prior to the 1930s, the Salt Lake City, as well as the Virgin comprising 4 pairs and 11 unpaired species was widely distributed in River in the southwestern portion of birds with no nests found. NDOW suitable river bottom habitats, and was Utah, and one record from southeastern surveys in 2000 and 2001 detected more locally common (Grinnell and Miller Utah (Hayward et al. 1976, p. 107). birds (19 and 28, respectively) than in 1944, pp. 186–187; Small 1994, pp. Recently, nesting has been documented subsequent years, with a general decline 130–131). Yellow-billed cuckoos at Ouray NWR on the Green River and in detections from 2002 to 2009, primarily nested in three general areas

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of the State: (1) Coastal counties from literature, due to the species’ pairs per survey hour)(Gaines and San Diego County near the Mexico inconspicuous behavior and the fact Laymon 1984, p. 77; Halterman et al. border to Sonoma County in the San that large tracts of floodplain riparian 2001, p. 47). The second statewide Francisco Bay region, (2) the Central habitat had already been lost to survey, conducted in 1986 and 1987 Valley from Kern County through Shasta development before the first records and with 124 days of survey effort, estimated County, and (3) along the lower accounts of the species began appearing 32 to 42 breeding pairs in the State, a Colorado River (Dawson 1923, pp. 2–7; in literature. Most modern investigators decline of 66–81 percent from the 1977 Grinnell and Miller 1944, pp. 186–187; believe that the initial decline of the survey (0.05–0.07 yellow-billed cuckoo Gaines and Laymon 1984, pp. 53–58; yellow-billed cuckoo population in pairs per survey hour)(Gaines and Small 1994, 130–131). Yellow-billed California occurred following the major Laymon 1984, pp. 59–72; Laymon and cuckoos also bred locally elsewhere in era of development that began about the Halterman 1987a, p. 7). The third the State, including in Inyo, San mid-1800s (Gaines and Laymon 1984, p. statewide survey, in 1999 and 2000, was Bernardino, and Siskiyou Counties 73; Laymon and Halterman 1987b, pp. conducted over 134 days, and estimated (Grinnell and Miller 1944, pp. 186–187). 19–25; Launer et al. 1990, pp. 2–3). The 39 to 43 breeding pairs (0.06 yellow- species was listed by the State of The early ornithological literature for billed cuckoo pairs per survey hour), a California as threatened in 1971, and similar population level to 1987, but California was summarized and was reclassified as endangered in 1987. evaluated by Gaines (1974a, p. 204; The species’ population no longer lower than 1977 (Halterman et al. 2001, 1974b, pp. 2–4), Gaines and Laymon breeds in the San Joaquin Valley. p. 47) (Figure 3). The main difference in (1984, pp. 53–58), and Hughes (1999, p. Yellow-billed cuckoos historically were the most recent statewide survey (1999 4). Collectively, they report 42 locations recorded from every county in the San to 2000) when compared to earlier where the yellow-billed cuckoo was Joaquin Valley region except Kings surveys (1977 and 1987) was the historically reported or collected in County, and were locally common as a absence of yellow-billed cuckoos at abundance, but is no longer found breeding bird at least in San Joaquin, isolated sites in the Prado Flood Control today. Laymon and Halterman (1987b, Kern, Fresno, and Stanislaus Counties Basin in Riverside County, the Mojave p. 24) estimated that the geographical (Gaines and Laymon 1984, p. 66). The and Amargosa Rivers in San Bernardino range of the yellow-billed cuckoo in last nesting record for this region was in County, and the Owens Valley in Inyo California is about 30 percent of what it 1974 on Lewis Creek near Lindsey, County where they had previously bred, was historically. Hughes (1999, p. 2) Tulare County (Laymon and Halterman indicating a contraction of the range to provides an estimate of 15,000 breeding 1987a, p. 24). the core areas of occurrence along the pairs in California during the late 19th The first statewide survey for yellow- Sacramento, Kern, and Colorado Rivers. century. Gaines (1974, p. 208) believed billed cuckoos was conducted in 1977 In all, the California population of the that predevelopment yellow-billed and located 121 to 163 pairs of yellow- western yellow-billed cuckoo today is cuckoo populations in California were billed cuckoos during 44 days of survey less than 1 percent of its estimated even greater than implied by the early effort (0.55–0.74 yellow-billed cuckoo historical population size.

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Yellow-billed cuckoos have been Belding (1890, p. 87) who found them pairs, and 23 pairs in 1988, 1989, and considered accidental in coastal common in the vicinity of Marysville in 1990, respectively. Surveys in 1999 northern California; however, from 2000 1878. Gaines (1974, pp. 204–205) found 28 to 32 pairs of yellow-billed through 2012, surveys and anecdotal conducted the first surveys for yellow- cuckoos, and surveys in 2000 located 35 observations along the lower Eel River billed cuckoos on the Sacramento River to 40 pairs (Halterman et al. 2001, p. in Humboldt County detected yellow- between Red Bluff and Colusa during 39). The most recent survey on the billed cuckoos, and breeding was 1972, and found 28 individuals at 15 Sacramento River, conducted in 2010, probable during at least two of those sites. The following year (1973) he located only 16–18 yellow-billed years (McAllister et al. 2010, pp. 1–6). repeated this survey, and found 29 cuckoos at 48 sites, despite many more If nesting is confirmed, this would yellow-billed cuckoos at 21 sites (40 hours of surveying effort (1,191 survey document a new breeding site in the survey hours) (Gaines and Laymon hours) (Dettling and Howell 2011, p. State. 1984, p. 59). During a statewide yellow- 31). Based on statewide survey results, billed cuckoo survey in 1977, Yellow-billed cuckoo populations only three areas in the State support researchers found 44 yellow-billed more than a few breeding pairs on a have declined on the Sacramento River cuckoos at 29 sites in this same stretch in the past 40 years. In the 1970s a regular basis: (1) The Sacramento River of the Sacramento River, but with (roughly between Colusa and Red Bluff), yellow-billed cuckoo was found about greater survey effort (60 survey hours) once every 1.4 hours of survey effort. (2) the South Fork of the Kern River (Gaines and Laymon 1984, pp. 59–62). upstream of Lake Isabella, and (3) the During the 1980s a yellow-billed cuckoo From these surveys it was estimated that was found half as often with one every lower Colorado River (Laymon and 29 to 60 pairs of yellow-billed cuckoos Halterman 1987a, pp. 1–18). Results of 2.8 hours of survey effort. From 1990 to nested along the Sacramento River in surveys and population trends for these 2000 a yellow-billed cuckoo was found 1977. sites are summarized below. every 2.9 hours of survey effort, but in Sacramento River—Grinnell and The Sacramento River was resurveyed 2010 it took 66.2 hours of survey effort Miller (1944, pp. 186–187) listed the in 1987, and a much lower population to locate a yellow-billed cuckoo (Figure yellow-billed cuckoo as a common to of 18 to 22 pairs was found despite a 4). Yellow-billed cuckoos still occupy fairly common breeder in the more intense survey effort (128 survey this site, but the population has Sacramento Valley. Gaines and Laymon hours) (Laymon and Halterman 1987a, declined by at least 80 percent over the (1984, pp. 59–60) summarized historical p. 6). Halterman (1991, p. 24) continued past 35 years, with a major continuing occurrence in the Sacramento Valley, surveys on the river for 3 additional decline in the most recent 10 years. and cited Cooper (1870, pp. 371–373) years with even greater survey effort Since the extent of habitat has remained who found the species quite common in (255 survey hours each year), and found stable or increased, it appears that much the vicinity of Sacramento in 1865 and breeding populations of 35 pairs, 26 of the potential habitat today is unused.

South Fork Kern River—The 3,300-ac breeding locations in California. The Gaines (Gaines and Laymon 1984, p. 64) (1,335-ha) riparian forest in the South species’ occurrence at this site was first rediscovered this population, finding Fork Kern River Valley is one of the documented in 1911 by a specimen nine individual yellow-billed cuckoos largest remaining contiguous tracts of collected by Grinnell’s Mount Whitney there during his 1977 statewide survey riparian habitat in California. This site Expedition (MVZ Birds #19836, of the species. From 1985 through 2001 has been the most regularly surveyed of Museum of Vertebrate Zoology, this population was intensively any of the yellow-billed cuckoo University of California (UC) Berkeley). monitored, and the number of pairs and

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most nests found each year were (Johnson et al. 2007, p. 25). During 2010 the lower Colorado River (Rosenberg et documented (Laymon and Williams and 2011, yellow-billed cuckoos were al. 1991, pp. 202–205) and described 2001, p 4; Laymon and Williams 2002, found at two locations on the California above for California. p. 5). During this period, the population side of the river. One pair was found at Yellow-billed cuckoo populations fluctuated from a low of 2 pairs in 1990 the Picacho State Recreation Area in greater than 10 pairs are found at 12 to a high of 24 pairs in 1992, with a both years. At the newly created locations in Arizona: Bill Williams yearly average of 10.6 pairs. restoration habitat at Palo Verde River, Colorado River, Gila River, From 2002 to 2004 and 2008 to 2010, Ecological Reserve, Riverside County, Hassayampa River, San Pedro River, the population was surveyed less two to five pairs were found in 2010, Santa Maria River, Verde River, Sonoita intensively and fewer nests found and 10 to 19 pairs were found in 2011 Creek, Santa Cruz River, Upper Cienega (Halterman 2003, p. 10; Halterman 2004, (McNeil et al. 2011, p. 19; McNeil et al. Creek, Altar Valley, and Agua Fria p. 10; Henneman 2008, pp. 8–10; 2012, p. 24). Yellow-billed cuckoo River. Sites with smaller populations Henneman 2010, pp. 8–10; Whitfield numbers on the lower Colorado River are found at the Roosevelt Lake and Stanek 2011, pp. 8–10). The number went from the largest known range-wide Complex, Upper Tonto Creek, Pinto of yellow-billed cuckoo pairs is no population in 1977 to near extirpation Creek, Sycamore Creek in Pajarita longer being estimated, but from from the region in the 1980s. Recent Mountains, Oak Creek, Lower Cienega reviewing the location of the survey population increases appear to be a Creek, Babocomari River, Pinal Creek, sightings, approximately 8 to 14 pairs result of increased habitat from active Bonita Creek, San Bernardino NWR, (with an average of 10.5 pairs) have riparian habitat restoration along the Hooker Hot Springs, Big Sandy River, nested in the area during this period. river, though numbers are still well and many smaller drainages. However, From the available survey data and below 1977 population levels. many drainages have not been literature, this small breeding Yellow-billed cuckoos have declined thoroughly surveyed, and it is likely population currently appears to be by more than 99 percent from historical that some additional yellow-billed stable. Most of the population is levels in California, and declines appear cuckoo locations will be discovered. currently nesting on the U.S. Army to be continuing, especially along the These include, but are not limited to the Corps of Engineers (USACE), U.S. Forest Sacramento River and at isolated sites mountain ranges of southeastern Service (USFS) South Fork Wildlife that recently supported small Arizona, Eagle Creek, and along the Area in the western third of the site. The populations, but are now unoccupied. Gila, San Francisco, and Blue Rivers. eastern two-thirds of the site is sparsely Current nesting populations for the Yellow-billed cuckoo sightings occupied, and it appears that not all of State are found at only 3 locations, and reported by birders between 15 June and the potential nesting habitat is currently likely do not exceed 40 to 50 pairs, 31 August, 1998 to 2012, in more than being used (Henneman 2008, pp. 8–10; down from approximately 280 pairs as 1 year in southeastern Arizona Henneman 2010, pp. 8–10; Whitfield recently as 1977 and perhaps as many mountain ranges include Carr Canyon, and Stanek 2011). as 15,000 pairs prior to the increased Ash Canyon, Garden Canyon, Ramsey Lower Colorado River—The lower human settlement in the 1850s. Canyon, and Miller Canyon in the Colorado River on the California- Huachuca Mountains; Walker Canyon, Arizona border supported an estimated Arizona Madera Canyon, and Montosa Canyon 180 yellow-billed cuckoo pairs during The yellow-billed cuckoo was in the Santa Rita Mountains; Scotia the first California statewide yellow- historically widespread and locally Canyon and Sycamore Canyon in the billed cuckoo survey in 1976 to 1977 common in Arizona (Phillips et al. Atascosa/Pajarito Mountains; French Joe (Gaines and Laymon 1984, p. 72). When 1964, p. 45; Groschupf 1987, p. 7). A Canyon in the Whetstone Mountains; the second California statewide survey 1976 study based on existing habitat Harshaw Canyon and Paymaster Spring was conducted in 1986 yellow-billed and known yellow-billed cuckoo in the Patagonia Mountains; Kitt Peak cuckoos had decreased by 80–90 population densities estimated 846 pairs on Baboquivari Mountain; and a few percent (Laymon and Halterman 1987a, were present on the lower Colorado locations in the Chiricahua Mountains pp. 34–35). Another study (Rosenberg et River and its five major tributaries in (Bird05 listserve, 2012). Yellow-billed al. 1991, p. 203) estimated a decline of Arizona (Groschupf 1987, pp. 20–28). In cuckoos are breeding in at least some of 93 percent over this same time period, a statewide survey in 1999 that covered these locations, with nesting confirmed from an estimated initial 242 pairs in 265 mi (426 km) of river and creek at Sycamore Canyon (Arizona Game and 1976 to 1977. Final results from a bottoms, 172 yellow-billed cuckoo pairs Fish Department, unpublished data). Service-funded 1999 statewide survey and 81 single birds were located in The Arizona Breeding Bird Atlas found only two pairs of yellow-billed Arizona (Corman and Magill 2000, pp. recorded yellow-billed cuckoos on 50 of cuckoos on the California side of the 9–10). While this survey did not cover 1,834 blocks (2.7 percent), illustrating Colorado River (Halterman et al. 2001, all potential yellow-billed cuckoo the species’ rare status. Yellow-billed p. 19), an area where 44 yellow-billed habitat in Arizona, it indicated that the cuckoos were confirmed breeding and cuckoos were found in 1977 (Gaines and number of yellow-billed cuckoos in probably breeding on 29 of these blocks, Laymon 1984, pp. 64–65). 1999 was substantially lower than and possibly on 21 blocks (Corman and In 2006, surveys were conducted at previous estimates for the State. Wise-Gervais 2005, pp. 202–203). various sites throughout the Lower However, Arizona still contains the Multiyear surveys have been conducted Colorado River Multi-Species largest remaining yellow-billed cuckoo at five of these locations, which are Conservation Plan Boundary area for the population among the States west of the discussed below. yellow-billed cuckoo (Johnson et al. Rocky Mountains, and the species is Bill Williams River—In the mid- 2007, pp. 1–220). Two survey areas considered a Species of Concern by the 1970s, an estimated 57 pairs of yellow- were on the California side of the lower Arizona Game and Fish Department, a billed cuckoos bred in the riparian Colorado River, the Picacho State designation that does not provide forest of the Bill Williams River Delta Recreation Area and the Imperial NWR protection to the species (Corman 1999, (Gaines and Laymon 1984, p. 71). (Imperial Paradise area); only one bird p. 1). As habitat has declined, yellow- Following the sustained high water was detected, at the Picacho State billed cuckoo numbers have likely levels of 1983 to 1984 and 1986, which Recreation Area, Imperial County declined, as has been documented for inundated and killed most of the

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cottonwoods and willows along the 18 pairs were estimated, and the most downward trend for yellow-billed Colorado River, yellow-billed cuckoo recent survey in 2011 estimated 9 to 23 cuckoos at this location. numbers also declined on the Bill pairs on the Arizona side of the Sonoita Creek—A 4-mi (6-km) Williams River Delta where similar Colorado River, excluding the Bill segment of Sonoita Creek was surveyed habitat mortality occurred (Rosenberg et Williams River (McNeil et al. 2010, p. in 7 years between 1976 and 1986 al. 1991, p. 203). In 1987, 17 pairs of 19; McNeil et al. 2012, p. 24). Recent (Groschupf 1987, p. 14). Yellow-billed yellow-billed cuckoos were located at population estimates are well below the cuckoo pairs were not estimated, but this site and a total of 25 to 30 pairs breeding population in 1977, even lows of 5 and 6 individuals were found were estimated to be present, a decline though more area was surveyed. in 1976 and 1986, respectively, and of 47 to 56 percent over 10 years Upper San Pedro River—This site has highs of 24 to 28 individuals were found (Laymon and Halterman 1987a, p. 32). had the largest yellow-billed cuckoo between 1977 and 1979. The site was Surveys were conducted regularly at population in Arizona. Yellow-billed surveyed again in 1998 and 1999, with this site from 1993 to 2002. The cuckoos were surveyed on 42 mi (67 11 to 12 pairs and 8 to 9 single yellow- breeding population fluctuated from a km) of riparian habitat on the upper San billed cuckoos located (Corman and low of 6 to 9 pairs in 1999 and 8 pairs Pedro River for 7 years from 2001 to Magill 2000, pp. 39–40). In 2005, 17 in 2002 to a high of 28 to 30 pairs in 2007 (Halterman 2002, pp. 10, 22; individuals were found while 1993 and 28 to 39 pairs in 2001 Halterman 2003, pp. 9, 23; Halterman conducting bird surveys for Important (Halterman 2003, p. 32). Surveys were 2004, pp. 9, 33–34; Halterman 2005, pp. Bird Area designation (Arizona next conducted at this site in 2006 using 8, 22–23; Halterman 2006, pp. 26–27; Audubon 2012, http://iba.audubon.org/ revised survey protocols; 117 detections Halterman 2007, pp. 5, 11; Halterman iba). This population, while fluctuating, were recorded and no attempt was made 2009, p.23). The number of surveys does not appear to have decreased in to estimate the number of pairs varied from year-to-year with one to five size from 1976 to 2005. No recent occupying the site. In 2007, researchers surveys per year and with different yellow-billed cuckoo surveys have been recorded 139 detections at this site, and methods used to determine population conducted at this site. Verde River—Surveys conducted in no estimate of pairs was made (Johnson size. In 2001, researchers estimated a 2004 and 2005 at 37 sites within the et al. 2008a, p. 29). In 2010, researchers total of 40 to 52 pairs, and 29 to 50 pairs Verde River watershed were done at estimated 12 to 31 pairs, and the most the next year. A total of 26 or more pairs historical sites (16) at locations where recent survey in 2011 estimated 9 to 23 was estimated in 2003, but the number yellow-billed cuckoos were previously pairs (McNeil et al. 2010, p. 19; McNeil of pairs was not estimated after that detected in 1998 to 1999 and at random et al. 2012, p. 24). Bill Williams River year. Year-to-year comparisons were sites (21) with riparian forest that NWR is considered the largest, highest made by summing the maximum appeared to be suitable nesting habitat quality stand of suitable habitat for the number of yellow-billed cuckoos in (Holmes et al. 2008, pp. 6–7). In the 2 yellow-billed cuckoo along the lower each transect for each year, which yields years, 59 percent of sites had detections: Colorado River (Johnson et al. 2008a, p. a minimum population of individual 75 percent of historical sites and 48 106). Data from this site show an yellow-billed cuckoos over the breeding percent of random sites (Holmes et al. important, but fluctuating, breeding season. 2008, p. v). Holmes et al. (2008, p. 20) population that has not recovered to In 2001, reserchers located 71 confirmed nesting at five sites and 1977 levels. individual yellow-billed cuckoos. The found evidence of probable breeding at Lower Colorado River—The lower population rose to 114 individual nine additional sites. The maximum Colorado River on the California- yellow-billed cuckoos in 2002 and 128 number of detections during any one Arizona border supported an estimated individual yellow-billed cuckoos in survey period was 23 in 2004 and 31 in 180 yellow-billed cuckoo pairs in 1976 2003, before dropping to 101 yellow- 2005. to 1977 (Gaines and Laymon 1984, p. billed cuckoos in 2004, 76 in 2005, and Thus, the available literature and 72), a number that had declined by an a low of 47 in 2006. In 2007, the number surveys suggest that yellow-billed estimated 80–90 percent in 1986 of yellow-billed cuckoos detected cuckoo populations in Arizona over the (Laymon and Halterman 1987a, pp. 34– increased to 83. The 2006 results past 30 years have declined by 70 to 80 35). In 2006 and 2007, surveys were indicated a continuing downward trend, percent, with recent declines since conducted at various sites throughout but the 2007 results show a substantial approximately 2000 at some of largest the Lower Colorado River Multi-Species increase in the population. Other populations (for example, San Pedro Conservation Plan Boundary area for the yellow-billed cuckoo populations have River). At present, it appears that the yellow-billed cuckoo (Johnson et al. shown annual fluctuation in detections State’s population could be as low as 2007, pp. 1–220; Johnson et al. 2008a p. (Halterman 2007, p. 23). Unfortunately, 170 pairs of yellow-billed cuckoos, and 1). Breeding was detected at the Grand intensive yellow-billed cuckoo surveys probably does not exceed 250 pairs. Canyon National Park/Lake Mead have not been conducted at this site Despite these recent declines, the National Recreation Area in 2006 since 2007, so it is uncertain whether or population of the western yellow-billed (Johnson et al. 2008a, p. 1107). In not the population has truly rebounded cuckoo in Arizona is the largest in the addition to the Bill Williams River from the 2006 low. During 2001 and United States. NWR, other sites in Arizona where 2002, researchers detected 36 and 81 Johnson et al. (2008a, p. 29) detected yellow-billed cuckoos, respectively, Western New Mexico yellow-billed cuckoos in 2006 and 2007 along the San Pedro River during Yellow-billed cuckoos were include: the Grand Canyon National southwestern willow flycatcher surveys historically common in riparian areas Park/Lake Mead National Recreation (EEC 2002, pp. 6, 12, 13). A repeat of along the Rio Grande, as well as Area, Havasu NWR, Cibola NWR, these surveys in 2009 detected only 26 uncommon to common locally along Imperial NWR, Gila-Colorado River yellow-billed cuckoos (The Vernadero portions of the Gila, San Francisco, and confluence, Limitrophe Division, and Group 2009, pp. 9, 19). While survey San Juan Rivers (Bailey 1928, pp. 307– Quigely Pond Wildlife Management effort between these two time periods 309; Hubbard 1978, p. 32). A habitat Area (Johnson et al. 2008a p. 107). In may not be comparable, the findings analysis and wildlife survey of the 2010, based on intensive surveys, 8 to show evidence of a long-term middle Rio Grande Valley from

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Espanola to La Joya estimated that 315 revised in 1994. However, subsequent but now very few yellow-billed cuckoos pairs of yellow-billed cuckoos bred publications by the TPWD indicate the can be found (Patten et al. 2001, p. 46). along this river segment (Howe 1986, p. species is becoming increasingly rare Bird surveys conducted along the 10). and declining (Shackelford and Colorado River, Mexico, from May 2002 Recent surveys have been conducted Lockwood 2000, p. 1). During 4 years, to July 2003 concluded that the by the Bureau of Reclamation between 1988 and 1998, a 116-mi (189- presence and density of breeding (Reclamation) from 2006 through 2010 km) segment of the Rio Grande (16 mi yellow-billed cuckoos is largely along the middle Rio Grande, from (26 km) in New Mexico and 99 mi (159 dependent on the state of riparian Highway 60 downstream to Elephant km) in Texas) was surveyed for yellow- habitat and presence of water (Hinojosa- Butte Reservoir (Ahlers et al. 2010, p. 4; billed cuckoos. The 1988 and 1992 Huerta et al. 2008, pp. 75–92). Suitable Ahlers and Moore 2011, p. 13). The area survey results were similar, with habitat disappeared from the Rı´o covered by the surveys increased from yellow-billed cuckoos responding at 20 Colorado floodplain in the latter part of 36 mi (58 km) in 2006 to 90 mi (144 km) of 67 sites and 25 of 109 sites, the 20th century due to dewatering of in 2009 and 2010. Data indicate respectively. The population then this portion of the river. Pulse floods in detection of an estimated 44 pairs in dramatically declined, with only 4 the 1990s and 2000s promoting 2006, 71 in 2007, 87 in 2008, 95 in 2009, yellow-billed cuckoos at 113 sites in cottonwood and willow habitat and 75 in 2010; however, these 1995 and 7 yellow-billed cuckoos at 134 regeneration resulted in yellow-billed estimates are not directly comparable sites in 1998 (Sproul 2000, p. 3). The cuckoos returning to breed once riparian due to variation in survey efforts and author concluded that the yellow-billed nesting habitat developed. Yellow-billed protocols (Ahlers et al. 2010, pp. i, 3, 12, cuckoo is a rare, highly vulnerable, and cuckoo persistence will depend on 17). These surveys have documented a declining species in the Rio Grande dedicated instream flows and pulse sizable population, but many fewer than Valley of southern New Mexico and floods, maintenance of vegetative cover the 315 pairs estimated for this region extreme west Texas (Sproul 2000, p. 5). and structural diversity, and an increase in 1984 (Howe 1986, p. 10). Sproul attributed the decline to habitat in older riparian stands (Hinojosa- Systematic surveys have not been loss and degradation as well as other Huerta et al. 2008, pp. 75–92). The carried out on the Gila, San Francisco, unknown factors in the species’ population levels of yellow-billed and San Juan Rivers. The extent of migratory and wintering grounds cuckoos in the Cape Region of Baja habitat in these areas is limited, and (Sproul 2000, pp. 3–4). The current California Sur are not known, but from much is discontinuous and fragmented. population of the western yellow-billed available information they appear to be Based on available habitat, a maximum cuckoo in western Texas is likely fewer extremely small and may not exceed 10 of 35 yellow-billed cuckoo pairs could than 10 pairs. breeding pairs. breed on the Gila River, while no more Sonora—Yellow-billed cuckoos are a than 15 and 5 pairs could breed on the Northwestern Mexico common summer resident in Sonora, San Juan and San Francisco Rivers, The yellow-billed cuckoo breeds and were observed with higher respectively. An estimated 100 to 155 locally in northwestern Mexico, and is frequency than in adjacent Arizona yellow-billed cuckoo pairs currently a widespread transient during migration (Russell and Monson 1998, p. 131). In breed in western New Mexico. (Howell and Webb 1995, pp. 346–347). the vicinity of Alamos in southern In northwestern Mexico, it has been Western Texas Sonora, Short (1974, p. 24) found the recorded as a summer resident species a common to abundant breeder The yellow-billed cuckoo historically (presumably breeding), including the during the rainy season in late July and was considered to be fairly common in extreme northern and southern portions early August. During general bird riparian habitat at elevations of 3,000– of the Baja California Peninsula, surveys in northern Sonora from 2000 to 7,500 ft (900–2,200 m) in El Paso, northwest Mexico from Sonora and 2007, yellow-billed cuckoos were Hudspeth, Culberson, and Presidio Chihuahua south to western Durango detected in 11 of 16 watersheds (Flesch Counties (Oberholser and Kincaid 1974, and Sinaloa (Howell and Webb 1995, 2008, pp. 35–36). On the Sonoyta River pp. 434–435; Rappole and Blacklock pp. 346–347), and irregularly and in northwestern Sonora, the species was 1994, pp. 125–126). Recent information locally south to western Nayarit and not found on the lower stretches and reports that yellow-billed cuckoos have western Zacatecas (World Bird Info was rare upstream on the Vamori declined in El Paso County (Peterson 2012). section. On Rio de la Concepcion, and Zimmer, 1998, p. 66). Population Baja California Peninsula— yellow-billed cuckoos were not found reports in the Trans-Pecos area of Historically, the yellow-billed cuckoo on the lower river section or the upper western Texas near Big Bend National was a rare and local migrant and or lower Plomo sections. They were rare Park show scattered populations of summer resident in Baja California and on the upper and lower Sasabe sections yellow-billed cuckoos (Wauer 1971, pp. Baja California Sur (Grinnell 1928, p. and uncommon on the Altar, Busani, 18, 27). These populations tend to be 119). Miller (1950, p. 83) observed a Coyotillo Magdalena, and Cocospera- associated with areas of springs and migrating flock of yellow-billed cuckoos Bambuto sections. They were not found developed wells or earthen ponds that in the Cape region of Baja California Sur on the Santa Cruz River and were support cottonwoods and willows. in late May or early June 1896. Lamb uncommon on the San Pedro River. Yellow-billed cuckoo population (1927, p. 157), during 2 years living in They were also uncommon on the San trends from 1966 to 1998 for the entire the Cape region, saw yellow-billed Miguel and Bacanuchi-Sonora section of State of Texas, eastern and western, cuckoos on only two occasions, once in the Rio Sonora. The author defined rare show a decline (USGS Biological late June and again in early September. as ‘‘present but rarely detected and often Resources Division 1999, p. 1). The A recent status review of birds on the restricted to localized area’’ and defined Texas Parks and Wildlife Department Baja California Peninsula listed the uncommon as ‘‘present but may not be (TPWD) currently does not separate the species as a probable breeder only along found in a day or two of field eastern and western populations of the the Colorado River and in the Cape observations’’ (Flesch 2008, pp. 35–36). yellow-billed cuckoo, and identifies the region (Howell 2001, p. 17; Howell et al. Yellow-billed cuckoos were described species as globally abundant and State 2001, p. 182). The population along the as fairly common summer residents, secure since the State ranking was last Colorado River was formerly numerous, probable breeders, on bird transect

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surveys conducted in July and from Na´tora (2,275 ft (700 m)) to El Rı´o Sinaloa—How far south yellow-billed September 2007 and July 2008 between (1,138 ft (350 m)) in east-central Sonora, cuckoos breed in Sinaloa is uncertain. 1,542–3,773 ft (470–1150 m) in the yellow-billed cuckoos were described as The only two observations of the species 45,000-ac (18,211-ha) Northern Jaguar common in riparian groves and thorn (Cornell Lab of Ornithology 2012) are Reserve in the foothills of the Sierra scrub woodland. They were detected on from extreme northern Sinaloa along the Madre near the town of Sahuaripa in both side drainages and main river Rio Fuerte. Because a thorough survey east-central Sonora (Flesch 2009, pp. 5, channels (O’Brien et al. 2006, pp. 4, 8, has not been conducted, the yellow- 9, 12, 16, 21). The reserve, bordered by 24, 37, 46, 51). billed cuckoo population in the State is the Rı´os Aros and Bavispe, is composed In a study focusing on cactus likely higher than these records imply. of oak forests mixed with native fan ferruginous pygmy-owls during late However, much of the thorn forest and palms, dense thornscrub that transitions spring and summer from 2001 through riparian habitat has been converted to into subtropical vegetation, mesquite 2010, Flesch (2012 in litt.) found industrial agriculture over the past 30 bosque, and perennial streams lined yellow-billed cuckoos at 95 sites from years (Rohwer 2010, p. E16). The with sycamores. June to September at elevations from breeding population of yellow-billed Breeding yellow-billed cuckoos were 328 to 6,902 ft (100 to 2,104 m). The cuckoos in Sinaloa is unlikely to exceed documented from July through number of birds at each site ranged from that of Sonora (150 to 250 breeding September along approximately 60 km 1 to 15 individuals. Flesch also pairs), and it may be less. (37 mi) of the Santa Cruz River in confirmed breeding at four sites in thorn Western Durango—Three observations northern Sonora during riparian bird scrub habitats and at one site in upland of the yellow-billed cuckoo (Cornell Lab point count surveys in 2001 and 2003. Sonoran Desert habitat. These records of Ornithology 2012) have been made They were fairly common at sites indicate a broader use of habitat by for the State of Durango west of the ranging from typical cottonwood- yellow-billed cuckoos in Sonora. Continental Divide. The population for dominated riparian habitat (with or Yellow-billed cuckoos are more this region is likely very low, possibly without understory) to mesquite-oak- common as breeders in southern Sonora in the low double or single digits. grass habitat. The riparian habitat in this where they nest in thorn forest than in Population summary in Mexico—The region is moderately impacted from the more arid northern Sonora. There is available literature indicates that water use, vegetation loss, presence of some evidence that yellow-billed knowledge about the status of the cattle, and land clearing for agriculture cuckoos may be nesting farther north breeding population of the western (Sonoran Institute 2008; pp. 2, 25, 55). and then re-nest in southern Sonora and yellow-billed cuckoo in Mexico is less Yellow-billed cuckoo call playback northern Sinaloa during the rainy certain than in the United States. No surveys conducted from 21 June through season in late July and August (Rohwer systematic State-level surveys for the 26 September 2003 documented 142 et al. 2009, pp. 19050–19055), but species have been carried out in any of yellow-billed cuckoos at 10 sites ranging additional data are needed to confirm the Mexican States. General bird from 1,148 ft to 3,937 ft (350 to 1,200 where and how commonly this occurs. surveys in Sonora have found yellow- m). Yellow-billed cuckoos were found Yellow-billed cuckoos appear to breed billed cuckoos in similar habitats and in riparian habitat at Agua Calienta on at higher density, especially in southern abundances as in Arizona, as well as in the Rı´o Bambuto north of Imuris; Rı´o Sonora, but the breeding population for thorn forest and dry deciduous forest, Tubutama near Tubutama and La the State of Sonora is probably similar which do not occur north of Mexico. Reforma; Rı´o Cuchujaqui northwest of to the State of Arizona with 150 to 250 The riparian habitat in Mexico appears Alamos; Rı´o Sonora at Aconchi and pairs because Sonora is half the size of to be more fragmented and heavily Baviacora, northeast of Hermosillo on Arizona. However, some of the yellow- grazed than it is north of the the Cananea-Ures stretch of State billed cuckoos that breed in southern international border, and the thorn- Highway 116; El Gavilan on Rı´o Sonora Sonora late in the nesting season may forest habitat that the species is using in east of Ures; Upper Rı´o San Pedro near have been counted on breeding grounds southern Sonora and Sinaloa is being San Pedro Palominas, and near the ejido farther north earlier the same year. converted to industrial agriculture at a Jose Ma. Morelos in Cananea (IMADES Chihuahua—Most of the State of high rate. Therefore, we conclude that 2003, pp. 4, 14, 20). Chihuahua is desert with very little the western yellow-billed cuckoo in Yellow-billed cuckoo call playback rainfall and few waterways with Mexico has a breeding population of surveys conducted from July through significant riparian habitat. The Rio 330 to 530 pairs that is likely declining. September 2005 documented yellow- Conchos is the primary river system that Population Summary of the Western billed cuckoos in northeastern Sonora drains the southern half of the State. Yellow-billed Cuckoo—The available along the Rı´os Sonora, Bacanuchi, Cajon This river is highly degraded, with a surveys and literature support the Bonito, Bavispe, Moctezuma, and high density of nonnative tamarisk and conclusion that the population of the Sahuaripa. Habitat consisted of little regeneration of willows and western yellow-billed cuckoo has cottonwood, willow, and mesquite cottonwoods due to extremely heavy declined by several orders of magnitude (CEDES 2005, pp. 5, 10, 11). Extensive grazing. This problem has been over the past 100 years, and that this grazing, agriculture, mining and related worsened by a prolonged drought from decline is continuing. Recent declines water withdrawals have reduced the the late 1990s to the present. Only one over the past 15 years have shown both riparian quality on these rivers. sighting of a yellow-billed cuckoo is a loss of breeding yellow-billed cuckoos Marshall (1957, p. 74), in his pine-oak listed on the e-Bird online database for in smaller isolated sites and declines in woodland bird study in southern the State of Chihuahua, found on July 1, numbers at core breeding areas. The Arizona and adjacent Mexico, found the 2003, along Highway 16 between the current breeding population is low, with yellow-billed cuckoo as a migrant or city of Chihuahua and the town of 350 to 495 pairs north of the Mexican wanderer in riparian timber only once Lopez Mateos (Cornell Lab of border and another 330 to 530 pairs in in Sonora in the Ajos Mountains on July Ornithology 2012). The breeding Mexico for a total of 680 to 1,025 17, 1952. During wildlife surveys by population for the State of Chihuahua is breeding pairs. The breeding population boat and foot in July and August 2005, likely very low, probably in the low may actually be lower than these of the 115-mi (185-km) stretch of the double digits and possibly in the single estimates, as some of these pairs may be Rı´os Aros and Yaqui and tributaries digits. counted twice since yellow-billed

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cuckoos apparently move into southern habitat, the dynamic transitional working in combination with other Sonora and Sinaloa during the rainy process of vegetation recruitment and threats, which are discussed in greater season in late July and August after they maturity must be maintained. Without detail in Factors C and E, below. have previously bred farther north. such a process of ongoing recruitment, Habitat Loss From Dams and Alteration Therefore, we conclude that the western habitat becomes degraded and is of Hydrology yellow-billed cuckoo has a small and eventually lost. In our discussion below, declining population. we identify the manmade impacts to Dams riparian vegetation as resulting in Summary of Factors Affecting the Poff et al. (1997, pp. 769–784), Greco current and ongoing destruction and Species (1999, pp. 36–38), National Academy of modification of existing and future Sciences (NAS) (2002, pp. 145–150), Section 4 of the Act, and its potential habitat for the western yellow- and the Service (2002, Appendix I, pp. implementing regulations at 50 CFR part billed cuckoo. 1–12) reviewed the following effects of 424, set forth the procedures for adding Additional subtle consequences from human modification of natural species to the Federal Lists of the manmade impacts are the indirect hydrological processes on riparian Endangered and Threatened Wildlife effects that result in the curtailment of habitat, including those from dams. and Plants. Under section 4(a)(1) of the the habitat of the western yellow-billed Dams result in an immediate effect of Act, we may list a species based on any cuckoo. Past actions by humans have destroying riparian structure and of the following five factors: (A) The resulted in changes to the landscape, the functioning due to habitat displacement present or threatened destruction, hydrology, or both such that they from dam construction and by modification, or curtailment of its prevent the riparian plants that are the permanent inundation, sometimes habitat or range; (B) overutilization for basis of the species’ habitat from flooding miles of upstream riparian commercial, recreational, scientific, or growing at all. The consequences of areas. This results in the physical loss educational purposes; (C) disease or these past actions may have initially predation; (D) the inadequacy of resulted in destruction or modification of riparian vegetation. In the absence of existing regulatory mechanisms; and (E) of then-existing riparian habitat; vegetation, the yellow-billed cuckoo other natural or manmade factors however, once that habitat is lost, the cannot breed, feed, or find shelter. affecting its continued existence. Listing changed conditions (such as changed Current and future releases of water actions may be warranted based on any hydrologic regime) also prevents downstream from dams at unnatural of the above threat factors, singly or in riparian habitat from regenerating, even rates of flow, inappropriate times of combination. Each of these factors is in the absence of other impacts. For year, or at too frequent or too infrequent discussed below. example, channelization—through intervals, may lead to flooding or desiccation beyond the tolerance limits Factor A. The Present or Threatened manmade levees or other constructs, or through channel incising as a of the native riparian vegetation, thus Destruction, Modification, or resulting in loss of habitat of the Curtailment of Its Habitat or Range consequence of other actions—may leave the geographical area where western yellow-billed cuckoo. The decline of the western yellow- riparian plants once grew (such as the Dam construction has been occurring billed cuckoo is primarily the result of watercourse’s floodplain) physically since the settlement of western North riparian habitat loss and degradation. untouched, but the altered hydrology America with its peak in the mid-20th Within the three States with the highest prevents riparian plant species from century. These include most major historical number of yellow-billed germinating and growing. western rivers, many of which have a cuckoo pairs, past riparian habitat losses Principal causes of riparian habitat series of dams, and include, but are not are estimated to be about 90 to 95 destruction, modification, and limited to, the Sacramento, Kern, San percent in Arizona, 90 percent in New degradation in the range of the western Joaquin, Mojave, Snake, Gila, Salt, Mexico, and 90 to 99 percent in yellow-billed cuckoo has occurred from Verde, and Rio Grande, including 25 California (Ohmart 1994, pp. 276–281; alteration of hydrology due to dams, major reservoirs built on the Colorado U.S. Department of Interior 1994, p. 215; water diversions, management of and Green Rivers alone between the Noss et al. 1995, pp. 37, 46; Greco 2008, riverflow that differs from natural 1930s and 1970s (Richter et al. 1998, p. p. 5). Many of these habitat losses hydrological patterns, channelization, 332). In northern Mexico, some of these occurred historically, and although and levees and other forms of bank rivers include the Rı´o Conchos, Yaqui, habitat destruction continues, many stabilization that encroach into the and Mayo, Rı´o Bambuto, Rı´o Bravo, past impacts have subsequent floodplain. These losses are further Tubutama, La Reforma, Cuchujaqui ramifications that are ongoing and are exacerbated by conversion of River in Alamos, Aconchi and Baviacora affecting the size, extent, and quality of floodplains for agricultural uses, such as in Rı´o Sonora, and Upper San Pedro riparian vegetation within the range of crops and livestock grazing. In River in Sonora, Mexico (Instituto del the western yellow-billed cuckoo. These combination with altered hydrology, Media Ambiente y el Desarrollo ongoing impacts are occurring now and these threats promote the conversion of Sustentable del Estado de Sonora are anticipated to continue for decades existing primarily native habitats to (IMADES) 2003, p. 4; Kelly and Arias to come. monotypic stands of nonnative Rojo 2007, pp. 2–3; Cornell et al. 2008, Moreover, these impacts are often vegetation, which reduce the suitability p. 96). subtle. As described in the Habitat Use of riparian habitat for the western There are now dozens of large dams and Needs section, above, during the yellow-billed cuckoo. Other threats to and scores of smaller dams on rivers breeding season, the habitat of the riparian habitat include long-term throughout the range of the western western yellow-billed cuckoo consists of drought and climate change. These yellow-billed cuckoo. Today the rate of expansive blocks of riparian vegetation threats are summarized in a recent building new dams has slowed because containing trees of various ages, detailed review of the literature on the most of the highest quality dam sites including in particular larger, more subject (Poff et al. 2011). These Factor already have dams constructed on them. mature trees used for nesting and A threats are described in more detail There were proposals to build two dams foraging. In order for these areas to below. Moreover, past and ongoing on Cottonwood Creek, one of the major remain as viable yellow-billed cuckoo impacts to the species’ habitat are tributaries of the Sacramento River

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(USACE 1982), but it is not clear when of the San Joaquin River, efforts are allows maturation of the riparian forest or if these dams will be built. A larger under way for restoring a more natural into suitable breeding habitat (Ahlers et current threat is the enlargement of functioning hydrologic system and to al. 2011, pp. 19–20). Drought patterns existing dams. Enlargement of Terminus restore riparian habitat (San Joaquin are cyclical and, when wetter conditions Dam on the Tule River in California by River Restoration Program Record of return to the region, Elephant Butte 21 ft (6.5 m) in height was completed in Decision 2012, pp. 7–8). Generally, in Reservoir likely will be refilled. When 2004 (Barcouda et al. 2006, p. 12), and absence of ongoing dam operations in this happens, approximately 92 percent proposals to enlarge Shasta Dam on the such circumstances, the habitat is likely of 44 to 87 pairs of yellow-billed Sacramento River by up to 200 ft (62 m) to regenerate naturally; however, cuckoos there (detected during the 2007 in height and doubling its storage because of the way the majority of dams and 2008 surveys) would be displaced capacity (Reclamation 1999, pp. 3–8) are operated, these impacts are through inundation (Reclamation 2009, and Friant Dam on the San Joaquin happening now and are likely to pp. 64–65). River by up to 140 ft (43 m) in height continue for decades to come. The threat to the yellow-billed are being explored (Reclamation 2003, After the completion of the larger cuckoo’s habitat from fluctuating water pp. 3.1–3.8). Larger dams with dams on the Colorado River system levels behind dams is likely to occur additional storage would likely flood starting in the 1930s, limited pulse elsewhere in the range of the western potential western yellow-billed cuckoo flows reached the lower Colorado River yellow-billed cuckoo. In California, the habitat upstream and cause additional in Mexico for nearly 50 years, resulting State’s second largest population of hydrologic disruption downstream. in the loss of cottonwood–willow forests yellow-billed cuckoos occurs within the While the amount of habitat lost and the establishment of tamarisk inflow delta footprint of Lake Isabella, a within the construction zone of a dam (Glenn et al. 2001, pp. 1175–1186; dammed reservoir on the Kern River. is relatively small, far greater amounts Nagler et al. 2005, pp. 1843–1844). Breeding yellow-billed cuckoos are also of habitat are destroyed in the areas of Local decline of the yellow-billed found at other reservoir inflow deltas, inundation and through the ongoing cuckoo western DPS and other riparian such as Horseshoe Reservoir on the effects of the amount and timing of birds has been attributed to that habitat Verde River (Dockens and Ashbeck water releases through the dam loss and degradation (Hinojosa-Huerta 2011a, p. 1) and the Tonto Creek and operation, which affects both upstream et al. 2008, p. 81). Additionally, along Salt River inflows to Roosevelt Lake in and downstream habitats. Ongoing the Rı´o Altar in northern Mexico, Arizona (Sferra 2012, in litt.). downstream effects to riparian habitat completion of the Cuauhte´moc Dam and The temporary gain in riparian habitat from dams include changes in sediment Reservoir (Presa Cuauhte´moc) in 1950 at the inflow of reservoirs can be transport due to sediment retention diverted surface water and contributed beneficial to the western yellow-billed behind the dams so that channels below to increased vegetation clearing for cuckoo by providing large expanses of a dam become increasingly ‘‘sediment agriculture, degradation of mature additional nesting and foraging habitat starved.’’ This situation causes vertical cottonwood forests, and subsequent during a sequence of low-water years. erosion (downcutting), which can lead declines in distribution and abundance However, the value of such habitat is to loss of river terraces that sustain of riparian bird species associated with affected by fluctuating water levels riparian vegetation (NAS 2002, pp. 145– these forests (Flesch 2008, p. 43), between years. Drastically fluctuating 150; Poff et al. 2009, pp. 773–774). including the yellow-billed cuckoo, water levels with alternating inundation Ongoing operations of large dams can which is known to occur there. In and desiccation cycles have been also dampen the magnitude of normal addition to past habitat losses, the associated with fluctuations in high flows, thus preventing cottonwood altered hydrology caused by dams populations of western yellow-billed germination (Howe and Knopf 1991, p. continues to have an ongoing impact on cuckoos that breed in reservoir inflow 218), and dewater downstream reaches, riparian habitat. sites (Laymon and Williams 2002, pp. causing substantial declines of riparian While alteration of hydrology due to 12–13; Henneman 2008, pp. 12–13). For forests (NAS 2002, pp. 145–150). For dam construction and other water example, along the Kern River, yellow- example, Groschupf (1987, p. 19) found supply projects has been widely billed cuckoo numbers increased during that almost all cottonwoods and over implicated in the loss and degradation low reservoir levels for multiple years half of all willow trees were eliminated of downstream riparian habitat for the when vegetation recolonized the from one waterway in Arizona that was western yellow-billed cuckoo (Gaines drawdown area (Laymon et al. 1997, p. exposed to repeated large releases of and Laymon 1984, p. 73; Greco 1999, 10), but yellow-billed cuckoos moved to water from a dam. This situation pp. 36–38; Greco 2012, pp. 8–9), some other sites during a wet year when lake reduced the density of yellow-billed dams have resulted in temporary habitat levels rose and flooded out habitat cuckoos from 13 per 100 ac (40 ha) expansion for the yellow-billed cuckoo (Launer et al. 1990, p. 10; Halterman et before the flooding to 3 per 100 ac (40 within the immediate upstream al. 2001, p. 20). When the water ha) after the flooding (Groschupf 1987, influence of the associated reservoirs. receded, it took up to 2 years for yellow- p. 19). In another example, a study of For example, one of the largest billed cuckoos to return to breed, but at the San Joaquin River from downstream concentrations of yellow-billed cuckoo reduced numbers (Laymon and of the Friant Dam to the Merced River in New Mexico occurs at the inflow to Williams 2002, pp. 12–13; Henneman confluence found that, between 1937 Elephant Butte Reservoir on the middle 2008, pp. 12–13), although the actual and 1993, the area of riparian forest and Rı´o Grande (Sechrist et al. 2009, p. 1; mechanism needs further study scrub decreased 28 percent, from 6,787 Ahlers et al. 2011, pp. 19–20). Yellow- (Henneman 2010, pp. 12–14). The water to 4,914 ac (2,727 to 1,989 ha), and the billed cuckoo numbers increased level continues to remain below herbaceous riparian vegetation following several years when water capacity at Lake Isabella due to dam decreased from 4,076 to 780 ac (1,650 to levels receded and riparian vegetation safety concerns (Stewart 2012, pers. 316 ha) (Jones and Stokes Associates, expanded into the exposed area of the comm.). Inc. 1998, Chap. 5, pp. 1–2). These reservoir pool. The yellow-billed cuckoo Once Lake Isabella fills again to losses are most likely attributed to population there continues to increase, capacity, the riparian habitat that has reduced stream flow down the river as likely as a result of continued since formed at the inflow and that a result of water diversions. In the case drawdown from long-term drought that supports cuckoos will become

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inundated, at least periodically (Villasen˜ or 2006, p. 107). We do not woodlands, provides preferred nesting (Whitfield 2012, pers. comm.), thereby have information on the magnitude or sites, high productivity of invertebrate impacting the habitat of the western frequency of effects, positive or prey, and reduced predator abundance yellow-billed cuckoo. In addition, the negative, from water management (Laymon 1998, p. 4). Another example USACE and the USFS are developing a activities, to the western yellow-billed of relatively unimpacted riparian habitat proposal and have completed a final cuckoo in those locations. However, we in the range of the western yellow-billed environmental impact statement (EIS) have no reason to believe that the dams cuckoo is found in the highlands of on options to repair dam deficiencies are managed in a substantially different central Sonora, Mexico, which supports and raise the height of the dam an manner in Mexico than in the occupied habitat of the yellow-billed additional 16 ft (4.9 m) (Isabella Lake southwestern United States, and the cuckoo. Villasen˜ or (2005, p. 108) found Dam Safety Modification Project effects to riparian habitat are expected that the maintenance of the natural Environmental Impact Statement Final to be similar. flooding regimes due to the limited October 2012). Pursuant to section 7 of Despite some positive effects of dams number of water development structures the Act, a biological opinion was on increasing western yellow-billed has allowed riparian vegetation along completed for the proposed action, but cuckoo habitat in a few areas, these sections of the Sonora, Moctezuma, and the yellow-billed cuckoo was not a gains in habitat are only temporary, and Sahiaripa Rivers to persist in very good species addressed in the section 7 overall, the net effect of dams on the condition in some areas. Most of the consultation. species has been negative. As such, known occurrences of yellow-billed Lake Isabella is currently managed dams and their ongoing operations are cuckoo in central Sonora are associated under long-term biological opinions a threat to the western yellow-billed with these regions. issued by the Service to the USACE and cuckoo over most of its range. This Therefore, even though most of the the USFS to address impacts to the threat has resulted in substantial dams within the range of the western southwestern willow flycatcher historical losses of western yellow- yellow-billed cuckoo were constructed (flycatcher) (Empidonax traillii extimus) billed cuckoo habitat resulting in a in the past, dams continue to affect both from reservoir operations and recreation curtailment of the DPS’s range. The the downstream and upstream habitat (Service 1996, 1999, and 2005, entire). ongoing operation of these dams is through alteration of flows. These Some of the measures to conserve the likely to have minor impacts to the DPS effects can include widely fluctuating flycatcher in those biological opinions at any given location, but because so water levels at inflow sites that inundate may be beneficial to the western yellow- many of the waterways within the range nesting habitat, limit food resources, billed cuckoo; however, the eventual of the DPS have been dammed, we and flood or desiccate habitat (Poff et al. inundation of the drawdown area of the believe this threat has a substantial 1997, pp. 769–784; Greco 1999, pp. 36– reservoir will result in some degree of cumulative impact on the habitat of the 38; NAS 2002, pp. 145–150; Service temporary habitat loss and degradation western yellow-billed cuckoo, 2002, Appendix I, pp. 1–12). under current conditions and may result especially when considered with other Downstream effects such as sediment in permanent loss of habitat for the threats. Moreover, we expect the retention caused by controlled water western yellow-billed cuckoo if the operation of these dams will continue in flows, or sediment scouring and proposed dam raise is implemented. a similar manner for decades to come, removal caused by excessive water Similar periods of inundation and and thus we expect this threat to be an releases, do not mimic the natural flow drawdown, resulting in corresponding ongoing impact to the DPS’s habitat. regimes and often result in the inability development and destruction of suitable The areas where the floodplain is still for cottonwoods to become established yellow-billed cuckoo habitat, occurs at hydrologically connected to the river or regenerate and provide habitat for the Roosevelt Lake (Salt River Project (SRP) and has relatively unconstrained yellow-billed cuckoo. Woody and 2002, entire). riverflow, such as in some areas of herbaceous debris accumulates in the In Arizona, following the high water California and Sonora, Mexico, support absence of these scouring flows, levels of 1983–1984 and 1986 on the the highest number of western yellow- increasing fire risk and intensity Bill Williams River Delta, which is billed cuckoos (Villasen˜ or 2006, pp. (Stromberg and Chew 2002, pp. 195– influenced by fluctuating water levels 107–108; Greco 2008, p. 6; Greco 2012, 219) (see section on Wildfire below). from dams in the Colorado River system pp. 8–9). For example, the Sacramento Dams and their flow modifications (Rosenberg et al. 1991, pp. 18–23), the River from Red Buff to Colusa has a have ongoing effects to habitat and will yellow-billed cuckoo numbers declined highly dynamic mosaic of habitat likely do so for decades to come, further by 70–75 percent. Habitat has since patches of varying ages that form, modifying the habitat of the western recovered on the Bill Williams River disappear, and re-form in response to yellow-billed cuckoo. Furthermore, Delta, but yellow-billed cuckoo numbers active river channel processes that because a relatively high proportion of remained low for several years (Laymon operate over decades (Greco 2008, p. 6; individual yellow-billed cuckoos utilize and Halterman 1987a, pp. 10–18). The Greco 2012, pp. 8–9). Although this reservoir inflow areas, dam operations actual mechanism that influences the section of the Sacramento River is also at those sites that result in changes in yellow-billed cuckoo’s response to affected by altered hydrology, it is far water level can negatively affect a high fluctuations in water levels is unknown, enough below Shasta Dam and below proportion of the western yellow-billed but loss of prey has been implicated; several major undammed tributaries, cuckoo. Therefore, direct and indirect areas that were inundated normally such as Cottonwood Creek and Battle destruction of riparian habitat resulting support ground-nesting invertebrates, Creek, that it still has flood events every from altered hydrology from past dam- such as katydids and sphinx moths, that few years that help support riparian building activities continues to yellow-billed cuckoos feed upon, and it habitat processes (Werner 2012, pers. contribute to the curtailment of the may take several years for these prey comm.). The river provides habitat range of the western yellow-billed populations to rebound (Laymon and characteristics that Laymon (1998, p. 4) cuckoo. Additionally, as a result of Williams 2002, pp. 12–13; Henneman indicated were important for the yellow- future predicted climate change (see 2008, pp. 12–13). billed cuckoo in California, such as a Climate Change section below), the In Sonora, Mexico, large dams exist meandering system with young riparian climate within the range of the western on the Mayo, Yaqui, and Sonora Rivers habitat that, compared to mature yellow-billed cuckoo will likely become

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drier, which will increase the demand cuckoo habitat (Service 2002, p. 16). As billed cuckoo habitat include river for water storage and conveyance streams reach the lowlands, their channelization, construction of levees, systems, which in turn will likely gradients typically flatten and bank stabilization, and placement of any increase the frequency and severity of surrounding terrain opens into broader flood control structures that encroach impacts on western yellow-billed floodplains (Service 2002, p. 32). In into the river and its floodplain. These cuckoo habitat (Stromberg et al. 2013, these geographic settings, the stream- actions result in direct loss of habitat pp. 411–415). flow patterns (frequency, magnitude, from construction and from duration, and timing) will provide the maintenance activities that remove Surface and Ground Water Diversion necessary stream-channel conditions woody vegetation that has become Water extractions, both from surface (wide configuration, high sediment established on the structures. water diversions and ground water deposition, periodic inundation, Furthermore, these structures are pumping, can negatively affect riparian recharged aquifers, lateral channel effective, by design, at severing the vegetation (Poff et al. 1997, pp. 769– movement, and elevated ground water hydrologic connection of the river’s 784; Service 2002, Appendix I, pp. 1–8). tables throughout the floodplain) that main channel and the river’s immediate Water diversions and withdrawals can result in the development of western floodplain, thereby preventing overbank lower ground water levels in the yellow-billed cuckoo habitat (Poff et al. flooding. By preventing overbank vicinity of riparian vegetation. Because 1997, pp. 770–772; Service 2002, p. 16). flooding, levees and other similar ground water and surface water are Allowing the river to flow over the structures reduce the amount of water generally connected in floodplains, width of the floodplain, when overbank available to riparian vegetation in the lowering ground water levels by only flooding occurs, is integral to allow floodplain, which results in desiccation about 3 ft (1 m) beneath riparian areas deposition of fine moist soils, water, and eventual loss and degradation of is sometimes sufficient to induce water nutrients, and seeds that provide the riparian habitat (Vogl 1980, pp. 84–86; stress in riparian trees, especially in the essential material for plant germination NAS 2002, p. 155; Greco 2012, pp. 8– western United States (NAS 2002, p. and growth. An abundance and 9). Such effects are less destructive, 158). Physiological stress in native distribution of fine sediments extending however, for those levees located farther vegetation from prolonged lower flows farther laterally across the floodplain from the stream system, such as those or ground water results in reduced plant and deeper underneath the surface outside the meander belt of a river growth rate, morphological change, or retains much more subsurface water, (Greco 2012, p. 4). mortality, as well as alters species which in turn supplies water for the As an illustrative example, we composition to favor more drought- development of the vegetation that provide a brief summary of how river tolerant vegetation, and conversion to provides western yellow-billed cuckoo channelization, construction of levees habitat dominated by nonnative species habitat and microhabitat conditions close to the river, and rock riprap (Poff et al. 1997, p. 776). These effects (Service 2002, p. 16). The armoring along the levees have caused reduce and degrade habitat for the interconnected interaction between destruction and modification of yellow- western yellow-billed cuckoo for ground water and surface water billed cuckoo habitat on the Sacramento foraging, nesting, and cover. contributes to the quality of riparian River, one of the most substantial Adverse effects of excessive ground vegetation community (structure and historical nesting and foraging habitat water extraction on riparian vegetation plant species) and will influence the areas for the DPS. The Sacramento River have been well documented in the ability of vegetation to regenerate and is now disconnected from ecological southwestern United States. Case maintain itself as well as germination, processes that both renew and restore histories on many river systems in density, vigor, and composition riparian and aquatic habitats (Laymon Arizona including the Santa Cruz River (Arizona Department of Water and Halterman 1987a, pp. 11–14; and on the Owens River in California Resources 1994, pp. 31–32). Halterman 1991, pp. 1–2; Greco 2008, p. have documented the connection In many instances, western yellow- 6; Greco 2012, pp. 8–9). More than one- between overutilization of the ground billed cuckoo breeding sites occur along half of the Sacramento River’s banks water, lowering of the water table, and streams where human impacts are within the lowermost 194 mi (312 km) the decline and eventual elimination of minimized enough to allow more of river have now been rip-rapped by 40 riparian vegetation (Zektser et al. 2005, natural processes to create, recycle, and years of bank protection (Service 2000, pp. 400–401; Webb and Leake 2006, pp. maintain the habitat. However, there are pp. 26–29). Rock riprap armoring a river 317–320). Ground water extraction is also breeding sites that are supported by reach often changes the river dynamics also affecting river flows and riparian various types of supplemental water and leads to cutting and erosion vegetation along rivers that support the including agricultural and urban runoff, immediately downstream from the western yellow-billed cuckoo in treated water outflow, irrigation or riprap. Therefore, riprapping banks Mexico, including the Rı´o Conchos in diversion ditches, reservoirs, and dam leads to the need for more riprapping, Chihuahua (Kelly and Aria-Rojo 2007, outflows (Service 2002, p. D–15). a repeating process that is not complete p. 174; Cornell et al. 2008, p. 98) and Although the waters provided to these until the entire river is channelized. the Rı´o Altar in Sonora, where the habitats might be considered Channelizing the river and severing quantity of surface water declined ‘‘artificial,’’ they are often important for the connection to the floodplain has greatly between 2000 and 2007 (Flesch maintaining the habitat in appropriate severely altered the natural disturbance 2008, pp. 44–45). Therefore, ground condition for breeding western yellow- regime that would have allowed water extraction and water diversions billed cuckoos within the existing riparian habitat to regenerate now and create an ongoing threat to western environment. in the future (Poff et al. 1997, pp. 769– yellow-billed cuckoo habitat. 784; Greco 2008, p. 6; Greco 2012, pp. The hydrologic regime (stream flow Encroachment of Levees and Flood 8–9). The result is that much of the pattern) and supply of (and interaction Control and Bank Stabilization river’s remaining riparian habitat is between) surface and subsurface water Structures Into the River Channel and modified, and now occurs in narrow, is a driving factor in the long-term Floodplain disconnected, linear strips (Service maintenance, growth, recycling, and Other alterations in river hydrology 2000, pp. 26–29; Halterman et al. 2001, regeneration of western yellow-billed with ongoing effects on western yellow- p. 4) that are not utilized by the yellow-

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billed cuckoo for breeding (Gaines 1974, Extraction of gravel, primarily for In conclusion, dams, channelization, p. 204; Greco 2012, p. 9). With the construction products, typically occurs and other manmade features that alter example of the Sacramento River, along rivers and adjacent floodplains the watercourse hydrology and encroach nesting yellow-billed cuckoos no longer where gravel deposits are naturally into the active channel and floodplain occur south of Colusa as the river has found. Large amounts of gravel removal are threats to the habitat of the western been channelized and riprapped from from the stream and active floodplain yellow-billed cuckoo because they, that point to the Sacramento San result in channel downcutting or separately or in combination, Joaquin River Delta. These flood control incision, which affects groundwater significantly reduce and degrade nesting and bank stabilization structures also levels, frequency of overbank flows, and foraging habitats. The natural keep the riparian habitat from bank stability, and the extent and processes that sustain riparian habitat in regenerating and maturing. The factors character of riparian vegetation of these and similar dammed and that reduce yellow-billed cuckoo specific stream reaches (Collins and channelized river systems in the breeding in these areas are not well Dunne, 1989, pp. 213–224; Kondolf American West and in northwestern understood, but reductions of breeding 1995 pp.133–136; NAS 2002, p. 179). Mexico have been altered, resulting in population have been attributed to lack Some examples of downcutting on only fragments or remnants of formerly of patches of adequate size for nesting streams in California that historically large tracts of native riparian forests that (Greco 2012, pp. 8–9), increased had, but no longer have, populations of no longer support breeding yellow- predators, and the species inability to yellow-billed cuckoos, include: Cache billed cuckoos. The multiple effects use highly isolated patches (Halterman Creek, Yolo County (15.0 ft (4.6 m) from altered hydrology comprise the 1991, pp. 33–38), as discussed under average and 26.0 ft (8.2 m) maximum most widespread and greatest Factor E. The Sacramento River is but downcutting); Merced River, Merced magnitude of current threats to habitat one of many rivers within the range of County (5.9 ft (1.8 m) average and 7.8 that supports the western yellow-billed the western yellow-billed cuckoo where ft (2.4 m) maximum downcutting); cuckoo. Such effects continue to modify these activities have destroyed and Putah Creek, Yolo County (7.8 ft (2.4 m) habitat and further curtail the range of modified riparian habitat and where the average and 15.0 ft (4.6 m) maximum the western yellow-billed cuckoo. ramifications of these past actions are downcutting); Russian River, Sonoma Moreover, we expect these alterations in continuing to impact the DPS’s habitat County (11.4 ft (3.5 m) average and 17.9 the hydrology to continue to affect today. These ongoing impacts will likely ft (5.5 m) maximum downcutting); and habitat of the western yellow-billed continue for decades to come. Santa Clara River, Ventura County (15.6 cuckoo into the future. Transportation Systems ft (4.8 m) average and 20.2 ft (6.2 m) Habitat Loss and Degradation From maximum downcutting) (Kondolf et al. Similarly, transportation systems have Agricultural Activities 2001, p.50). directly and indirectly altered a large Following the effects from alterations number of riparian areas in western Furthermore, gravel extraction creates in hydrology, in severity, conversion of North America (NAS 2002, p. 182). a knickpoint (a sharp change in channel riparian areas for agricultural crops and Road and rail systems are frequently slope) that typically erodes upstream in livestock grazing has been, and sited along rivers, and often entail a process known as headcutting, which continues to be, a major contributor to removing riparian vegetation for has the potential to propagate upstream riparian habitat loss and degradation construction of the roadbed, and for miles on the main river and its (NAS 2002, p. 161; Johnson et al. 2007, modifying local hydrology to reroute tributaries. As headcuts migrate p. 61). surface water and ground-water. Bridges upstream, the incision propagates Large areas of cottonwood–willow or culverts require abutments along the upstream (Kondolf et al. 2001, p. 49). floodplain vegetation have been bank to provide roadway support. This process creates ongoing and future converted to agricultural uses, further Because abutments and roadbeds impacts to habitat from past as well as reducing the extent of habitat available physically constrain the stream, future current gravel mining operations. to western yellow-billed cuckoos for lateral adjustments by the stream, which Similar to the effects of manmade levees breeding (Swift 1984, pp. 225–226; can affect floodplain dynamics, are when they disconnect floodplain habitat Rosenberg et al. 1991, pp. 18–23). For effectively eliminated, which reduces from the active river channel, artificial example, within areas that support the and degrades riparian habitat (NAS channel incision as a result of gravel yellow-billed cuckoo, clearing for 2002, p. 182). Such impacts result in mining and similar activities reduces agricultural uses occurred extensively in additional destruction and modification overbank flooding. This situation the past. On the floodplains of the of habitat for the western yellow-billed reduces the hydrological connection to Sacramento River (Greco 1999, pp. 2, cuckoo. In comparison with the floodplain (Kondolf et al. 2001, p. 107), riparian habitat was reduced from construction of dams and altered 56), thereby resulting in subsequent loss 775,000 ac (314,000 ha) in the 1850s to hydrology this threat, by itself, is less and degradation of riparian habitat for less than 18,000 ac (7,287 ha) by 1977 likely to result in severe impacts to the western yellow-billed cuckoo, (Swift 1984, p. 226). Clearing for riparian habitat; however, this threat is throughout its range, including Mexico agriculture is also extensive along the but one of many that, in combination, (Cornell et al. 2008, p. 98). The effects lower Colorado River (Rosenberg et al. result in substantial changes to physical of incision and channel erosion are 1991, pp. 18–23), San Pedro River, Gila and hydrological properties of a further exacerbated where gravel mining River (Swift 1984, p. 226), Rı´o Grande, watercourse, which in turn contributes occurs in sediment-starved reaches and several river courses in northern to a substantial curtailment in the below dams (Kondolf et al. 2001, p. 10). Mexico including, but not limited to, habitat of the western yellow-billed We expect past and ongoing gravel the Rı´o Yaqui, Rı´o Mayo, Rı´o Bambuto, cuckoo. mining activities, either alone or in Rı´o Tubutama, and Rı´o Sonora (Russell combination with other hydrological and Monson 1998, p. 11; IMADES 2003, Gravel Mining changes in riparian areas, to continue to p. 4; Villasen˜ or 2006, p. 108). Clearing Other past and ongoing effects to modify habitat and further curtail the also occurred along the coasts of Sinaloa riparian habitat result from gravel range of the western yellow-billed and southern Sonora, Mexico, resulting mining (Kondolf et al. 2001, pp. 54, 59). cuckoo for decades. in massive losses of thorn forest to

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industrial agriculture (Rohwer et al. at least the 1600s (Little 1992, p. 88; competition from native cottonwood 2009, p. 19054). Clary and Kruse 2004, p. 239). Livestock and willow saplings, which are Although most riparian and thorn grazing continues to be a widespread preferred forage for livestock (Krueper et scrub habitat losses largely stem from agricultural use of riparian areas in the al. 2003, p. 608). past agricultural clearing, effects from western United States and is one of the Long-term cumulative effects of cultivated agricultural lands are most common sources of past and livestock grazing involve changes in the ongoing. Agricultural lands continue to ongoing riparian habitat degradation structure and composition of riparian dominate much of the remaining (Carothers 1977, p. 3; Rickard and vegetation (Service 2002, Appendix G, riparian landscape, particularly along Cushing 1982, pp. 2–4; Cannon and pp. 5–7), which may affect suitability of the Sacramento (Greco 1999, pp. 94, Knopf 1984, p. 236; Klebenow and habitat for yellow-billed cuckoo 104, 107), parts of the Gila, and lower Oakleaf 1984, p. 202; Swift 1984, pp. breeding and prey population Colorado Rivers (Johnson et al. 2007, p. 225–226; Clary and Webster 1989, pp. abundance. The western yellow-billed 207); along the latter, 65 percent of 1–2; Schultz and Leininger 1990, pp. cuckoo nesting habitat is structurally yellow-billed cuckoo survey sites are 298–299; Bock et al. 1993, p. 300). complex with tall trees, a multistoried bordered on at least one side by Livestock grazing occurs in yellow- vegetative understory, low woody agriculture fields (Johnson et al. 2007. p. billed cuckoo habitat along sections of vegetation (Halterman 1991, p. 35) and 61). Riparian areas are sometimes the middle Rio Grande in New Mexico higher shrub area than sites without viewed as a potential source of plant (Lehmann and Walker 2001, p. 12), Rı´o yellow-billed cuckoos (Hammond 2011, and pests, a source of shade that Conchos (Cornell et al. 2008, p. 96), Rı´o p. 48). Livestock grazing alters may reduce crop yields, and Bambuto, Tubutama, La Reforma, understory vegetation, reducing height competition for scarce water resources Cuchujaqui River in Alamos, Aconchi and density or eliminating new growth (NAS 2002, pp. 170–171). For example, and Baviacora in Rı´o Sonora, and upper in riparian areas, and thereby in the Salinas Valley in California, a San Pedro River (IMADES 2003, p. 4), hampering recruitment of woody vigorous program is under way to and several other rivers in central species that, when mature, provide nest comply with food safety practices that Sonora, Mexico (Villasen˜ or 2006, p. sites. Furthermore, the relatively cool, involve the clearing of riparian habitat 108). Grazing also occurs extensively damp, and shady areas favored by adjacent to certain types of crops in an along watercourses in a protected yellow-billed cuckoos are those favored effort to eliminate wildlife presence, reserve on the Rı´o Aros and Rı´o Yaqui by livestock over the surrounding drier which has been linked to contamination in Sonora, Mexico, where the yellow- uplands. This can concentrate the of crops with a virulent strain of the billed cuckoo has been documented effects of habitat degradation from bacteria Escherichia coli (Beretti and (O’Brien et al. 2008, p. 8). Grazing livestock in western yellow-billed Stuart 2008, pp. 68–69). While yellow- intensity in northern Sonora, Mexico, is cuckoo habitat (Ames 1977, p. 49; billed cuckoos do not currently breed generally much higher than in adjacent Valentine et al. 1988, p. 111; Johnson along the Salinas River (Gaines and Arizona (Balling 1988, pp. 106–107; 1989, pp. 38–39; Clary and Kruse 2004, Laymon 1984, p. 52), if these same rules Flesch 2008, pp. 44–45), which leads to pp. 242–243). Removal, reduction, or modification are applied to farmland along the Gila, greater degradation of riparian habitat of cattle grazing has resulted in Rio Grande, Sacramento and Colorado than in Arizona. Rivers, yellow-billed cuckoo habitat will increases in abundance of some riparian be eliminated to meet these food safety The Service (2002, Appendix G, pp. bird species. For example, Krueper concerns. 5–7) and Krueper et al. (2003, p. 608) (1993, pp. 322–323) documented Accidental fire from farm workers reviewed the effects of livestock grazing, responses of 61 bird species, most of operating machinery or burning weeds primarily in southwestern riparian which increased significantly 4 years sporadically escapes into adjacent systems. The frequency and intensity of after removal of livestock grazing in riparian habitat. Recent fires on western effects vary across the range of the Arizona’s San Pedro River Riparian yellow-billed cuckoo and southwestern species, due to variations in grazing National Conservation Area (NCA). The willow flycatcher conservation practices, climate, hydrology, ecological bird species guilds that increased most properties occurred in 2011, burning 58 setting, habitat quality, and other factors dramatically were riparian species, ac (24 ha) and 6 ac (2 ha), respectively, (Service 2002, Appendix G, p. 1). open-cup nesters, Neotropical migrants, within the Fort Thomas Preserve, on However, these effects generally include and , all species that share parcels owned by the Salt River Project the removal and trampling of vegetation characteristics with the yellow-billed and U.S. Bureau of Reclamation. Both and compaction of underlying soils, cuckoo. The yellow-billed cuckoo fires were determined to be human- which can inhibit germination and numbers in the study increased, caused, likely from farm workers change hydrology (Rea 1983, p. 40; although not significantly (p=0.13) burning weeds along irrigation drains Belsky et al. 1999, pp. 419–431) and (Krueper 2003, p. 612) but their survey (SRP 2011, p. 39). promote the dispersal of nonnative methodology was not designed to detect Other ongoing effects from cultivated plant species. Such effects are most yellow-billed cuckoos. Recovery of agriculture on the western yellow-billed significant when riparian areas have vegetation in response to grazing cuckoo are addressed under Factor E. been subject to overuse by livestock removal in that study was quickest and These include fragmentation of habitat (NAS 2002, pp. 24, 168–173). Overuse most pronounced in the lower into smaller, more widely disjunct occurs when grazed vegetation does not vegetation layers, the most accessible to patches, ongoing influence of recover sufficiently to maintain itself grazing cattle. Thus, this situation agriculture on riparian bird community and soils are left bare and vulnerable to would allow a greater number of composition, and effects from erosion. Over time, livestock grazing in seedlings and saplings of cottonwoods pesticides, which can negatively impact riparian habitats, combined with other and other nest trees to attain maturity as prey populations of the western alterations in streamflow, typically suitable nesting sites. yellow-billed cuckoo. results in reduction of plant species In another example, livestock grazing Domestic livestock grazing is a diversity and density, and may increase was terminated along portions of the traditional agricultural land use practice the distribution and density of South Fork Kern River at the Kern River in the southwestern United States since nonnative tamarisk by eliminating Preserve in the 1980s, and yellow-billed

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cuckoos increased in number in the cuckoo. Glenn and Nagler (2005, pp. approximately 20–40 percent willow years following livestock removal. 420–423) provide most of the following (Laymon and Halterman 1987a, p. 12). Smith (1996, p. 4) contended that overview of tamarisk. Tamarisk is By 1986 no yellow-billed cuckoos were termination of grazing at the Kern River present in nearly every southwestern detected on the site where the dominant Preserve was responsible for the riparian plant community, but varies in vegetation had become tamarisk, with dramatic increase in riparian vegetation, dominance from stream to stream. On less than 1 percent willow cover. In the which was concurrent with the increase streams where altered hydrology can no vicinity of Picacho State Recreation in yellow-billed cuckoo numbers. These longer support native species, it has Area, on the California side of the examples suggest that even severely replaced native plant communities Colorado River, in 1977, 21 yellow- degraded riparian systems can recover entirely, but occurs at a low frequency billed cuckoos were found in 297 ac quickly, in at least some cases, after on other streams. Tamarisk was (120 ha) of a 230-ft-wide (70-m-wide) livestock removal (Krueper 2003, p. introduced into western North America willow forest (Gaines and Laymon 1984, 615), and that damage to riparian in the 1800s to serve as ornamental p. 72). By 1986, tamarisk and aquatic vegetation from grazing is at least partly windbreaks, and for erosion control and vegetation dominated this area, and no reversible. They also illustrate the other purposes. Several species escaped yellow-billed cuckoos were found in the extent to which livestock grazing cultivation and have since spread 12 ac (5 ha) of scattered willow– destroys and modifies nesting and rapidly. The center of distribution is cottonwood habitat that remained foraging habitat of the western yellow- currently Arizona, New Mexico, and (Laymon and Halterman 1987a, pp. 12– billed cuckoo. Utah, and tamarisk has spread 13). In conclusion, most of the direct loss throughout most of the range of the Human disturbance, such as water of habitat from farming has occurred in western yellow-billed cuckoo at least as diversion, flood control, vegetation the past, but ongoing agricultural far north as the Yellowstone River in clearing, and improper grazing activities, in whole or in combination Montana in the Rockies, and at least as management, often facilitates with other impacts, especially those that far south as the Yaqui River Valley in replacement of native vegetation with result in changes in a watercourse’s Sonora, Mexico. Recent studies in the tamarisk (Kerpez and Smith 1987, pp. hydrology, have resulted in the northwest have located major 1–5; Hunter et al. 1988, p. 113; curtailment of nesting and foraging populations of tamarisk in southwestern Rosenberg et al. 1991, pp. 18–23). habitat for the western yellow-billed Idaho, and eastern Washington and Altered hydrologic regimes (flooding or cuckoo by restricting or preventing the Oregon. Models based on projected reduction in water flows from dams) has growth of riparian plants, and such climate change predict that this invasive disrupted natural flooding events that activities present an ongoing threat. species will become more dominant in are essential for maintaining native Most of the current impacts from this region over the next 100 years riparian ecosystems (Vogl 1980, pp. 84– agricultural land uses arise from (Kerns et al 2009). Tamarisk also occurs 86; Rosenberg et al. 1991, pp. 18–23), livestock overgrazing in riparian areas. west to the Owens, San Joaquin, and and the disruption (usually elimination) Riparian vegetation can recover Sacramento Rivers in California, of flooding tends to favor tamarisk. In relatively quickly from these effects although it is still nearly absent from the contrast to native cottonwoods, tamarisk after livestock removal (Smith 1996, p. mainstem Sacramento River in does not need flooding to regenerate 4; Krueper 2003, p. 615). However, California, and suitable habitat west of (Kerpez and Smith 1987, pp. 1–5). without proper management to reduce the Cascades in Oregon and Tamarisk is also tolerant of high salt overgrazing, ongoing overgrazing will Washington. levels, which can be present in river continue to contribute to habitat Tamarisk also occurs as isolated systems as a combined result of water modification in the range of the western individuals along sections of the diversions that lower the near-surface yellow-billed cuckoo into the future. Sonora, Moctezuma, and Sahiaripa ground water and irrigation water runoff Rivers in Sonora, Mexico, where the that contains high levels of dissolved Habitat Loss and Degradation Due to hydrology has been little altered by salts (Kerpez and Smith 1987, pp. 1–5; Conversion to Nonnative Vegetation human modifications (Villasen˜ or 2006, Busch and Smith 1993, pp. 186–194). Throughout most of its range, habitat pp. 107–108). Its presence is highly This higher tolerance to water stress and for the western yellow-billed cuckoo is variable within sections of the Rı´o salt accumulation is a principle threatened by the conversion of native Conchos in Chihuahua, Mexico, and mechanism by which tamarisk has riparian woodlands to riparian becomes dominant in some reaches of become dominant on some regulated vegetation dominated by tamarisk and that river (Kelly and Arias Rojo 2007, western rivers (Glenn and Nagler 2005, other nonnative vegetation. The major pp. 177–178; Cornell et al. 2008, p. 4). p. 439). In addition, tamarisk takes salts threat from this habitat conversion is the The threshold (in terms of percent from the ground water and exudes them change from vegetation that supplies the tamarisk) for abandonment of a riparian from its leaves, rendering the soil even western yellow-billed cuckoos with system by western yellow-billed more unsuitable for germination of essential food and adequate thermal cuckoos is not known. They are not native riparian vegetation. This is a cover to vegetation that does not supply found in areas that are totally significant problem in streams with these attributes. The establishment and dominated by tamarisk with the artificially reduced streamflows where persistence of tamarisk is often, but not complete lack of willows or salts accumulate and are not flushed always, aided by altered hydrology, as cottonwoods. In California, two native- from the system. These factors favor described above. Altered hydrology is dominated areas occupied in 1977 by regeneration of tamarisk over native not the cause for establishment and several pairs of yellow-billed cuckoos trees and shrubs and are an ongoing persistence of other types of nonnative had, by 1986, converted to monotypic threat. Additional areas of native habitat vegetation; therefore, we present stands of tamarisk and were found to be are continuing to be lost to this process. information on nonnative vegetation in uninhabited by yellow-billed cuckoos. In summary, the persistence and this separate section. For example, above Laguna Dam on the expansion of tamarisk-dominated Tamarisk is the most widespread Colorado River in 1977 at least three habitat is the result of multiple forms of nonnative woody plant species found in pairs of yellow-billed cuckoos occupied ongoing human-related disturbances, habitat for the western yellow-billed a 30-ac (12-ha) site that was which result in degradation of native-

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dominated riparian habitat, thus in monotypic stands of tamarisk. Wildfire reducing its suitability as breeding Yellow-billed cuckoo presence in Historically, wildfire was uncommon habitat for the western yellow-billed tamarisk-dominated habitats does not in native riparian woodlands (Busch cuckoo. necessarily equate to habitat suitability and Smith 1993, pp. 186–194). Other nonnative tree and shrub (Sogge et al. 2008, p. 149; Hammond However, the lack of scouring floods on species have become established within 2011, p. 50), and additional research is regulated and unregulated rivers has the range of the western yellow-billed needed to determine productivity, resulted in the accumulation of fuel on cuckoo. In western Colorado and Utah, survivorship, physiological condition, the floodplain, which increases fire risk Russian olive (Elaeagnus angustifolia) and food availability in these habitats. and intensity (Stromberg and Chew has become established and is a Healthy native riparian vegetation 2002, pp. 195–219). Water withdrawal, dominant tree species in many riparian provides much better habitat for the dams, climate change, drought, and systems. Giant reed (Arundo donax), species. human use also contribute toward an common edible fig (Ficus carica), and Tamarisk can add to foliar cover that increased fuel load and probability of the Himalayan blackberry (Rubus contributes toward reducing wildfire occurrence. Most fires today are discolor) are some of the more temperatures in riparian areas (Paxton et conspicuous nonnative plants widely human-caused (Service 2002, p. L–8). In al. 2011, p. 259). Even relatively small degraded habitat with tamarisk the established along the Sacramento River, decreases in foliar cover may render a with Himalayan blackberry dominating threat of fire may be greater. Tamarisk site unsuitable for nesting western ignites quickly, further increasing the the understory at some restoration sites yellow-billed cuckoos (Paxton et al. (Borders et al. 2006, p. 310). Along the incidence of periodic fires. Exacerbating 2011, p. 260). Removal of tamarisk in the immediate loss of native trees from Sacramento River, yellow-billed drainages occupied by western yellow- cuckoos were far less likely to be fire, tamarisk recovers more quickly billed cuckoos could be considered a than native trees (Glenn and Nagler detected at sites with an understory threat if the removal leaves little or no dominated by Himalayan blackberry 2005, pp. 435–436). Along the Rio woody vegetation and native riparian Grande River in New Mexico and Texas, than sites with a predominant native vegetation is unable to reestablish. The understory. Himalayan blackberry may wildfire has been documented as available literature that pertains to destroying, degrading, or setting back prevent establishment of native riparian restoration in New Mexico and understory species due to its dense successional stages of vegetation Arizona (Poff et al. 1997, pp. 769–784; development of yellow-billed cuckoo growth habit (Hammond 2011, pp. 48– Glen and Nagler 2005, pp. 439–441; 49). Nesting of the yellow-billed cuckoo habitat (Sproul 2000, p. 3). In summary, Sogge et al. 2008, pp. 151–152; has not been documented in riparian the alteration of riparian systems Stromberg et al. 2009, pp. 181–182) stands dominated by giant reed, through changes in hydrologic suggests that restoration of natural common fig, or Himalayan blackberry functioning and the introduction of hydrological processes, rather than that lack at least some native canopy nonnative tamarisk have increased the direct removal programs, would be a trees. incidence of wildfire into yellow-billed In conclusion, because of the absence more effective method for promoting cuckoo habitat. These fires further or near absence of nesting by yellow- regeneration of native riparian degrade, isolate, or fragment yellow- billed cuckoos in nearly monotypic vegetation and diminishing the presence billed cuckoo habitat. stands of tamarisk and other nonnative of tamarisk. However, tamarisk removal programs coupled with native riparian Environmental Impacts of Cross Border vegetation, the available literature Foot Traffic in the Southwest suggests that conversion of native or plantings can speed up the restoration mixed (native and nonnative) riparian process assuming that the hydrologic The environmental impact caused by woodlands to nearly monotypic stands system will support the native cross border foot traffic has been of tamarisk and other nonnative vegetation. increasingly occurring in more fragile vegetation, coupled with the inability of Tamarisk leaf beetle (leaf and remote areas. The number of U.S. native vegetation to regenerate under beetles) (Diorhabda spp.) were released Border Patrol apprehensions of border altered hydrological conditions, is a into many locations throughout the crossers varies annually. Between significant threat to the western yellow- southwest to control tamarisk. Leaf October 1, 1999, and September 30, billed cuckoo now and in the future. beetles are now spreading within the 2012, a yearly average of 333,517 border Nonnative vegetation occurs across most more arid range of the yellow-billed crossers were apprehended by the of the range of the western yellow-billed cuckoo in Nevada, Utah, Arizona, New United States Border Patrol in the cuckoo; its establishment can be caused Mexico, and Texas. Defoliation of Tucson Sector, which does not account by altered hydrology or other tamarisk by the beetles occurs in the for the many others who were not disturbances, which are widespread summer months when western yellow- caught (U.S. Border Patrol 2013, p. 1). throughout the range. We expect billed cuckoos are in the process of Impacts associated with border nonnative vegetation to increasingly nesting. Tamarisk leaf beetles could crossings include creation of erosion modify and curtail habitat for the eventually occur throughout the western and watershed degradation, loss of western yellow-billed cuckoo within a United States and northern Mexico vegetation and wildlife, and human- majority of its range in the United States (Tracy et al. 2008, pp. 1–3). The future caused wildfire (Defenders of Wildlife and northern Mexico into the future. effects of the beetle introductions to the 2006, pp. 1–42). Drainages used by western yellow-billed cuckoo are border crossers include the San Pedro Use of Tamarisk by Western Yellow- unknown. If beetles succeed in killing River, Santa Cruz River, Cienega Creek, billed Cuckoos and the Spread of the tamarisk, western yellow-billed cuckoo and many remote drainages in the Introduced Tamarisk Leaf Beetle Into numbers may decline in areas where the mountain ranges of southeastern the Southwest hydrology is no longer capable of Arizona. Yellow-billed cuckoos use habitat supporting a native riparian habitat and Human-caused wildland fires have with a tamarisk component for nesting the numbers may increase in areas been particularly damaging to areas of in southern California, Arizona, and where native riparian vegetation is able riparian habitat in Arizona, especially western New Mexico, but are not found to become reestablished. within 100 mi (161 km) of the United

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States-Mexico border where border particularly carbon dioxide emissions including climate variability and crossers are known to set fires to divert from use of fuels (IPCC 2007a, pp. extremes. Vulnerability is a function of law enforcement agents. Border crossers 5–6 and figures SPM.3 and SPM.4; the type, magnitude, and rate of climate are also responsible for campfires that Solomon et al. 2007, pp. 21–35). Further change and variation to which a species can escape and spread as wildfires. At confirmation of the role of GHGs comes is exposed, its sensitivity, and its least 2,467 wildfires began along the from analyses by Huber and Knutti adaptive capacity (IPCC 2007a, p. 89; Arizona border with Mexico from 2006 (2011, p. 4), who concluded it is see also Glick et al. 2011, pp. 19–22). to 2010 (Government Accounting Office extremely likely that approximately 75 There is no single method for (GAO) 2011, p. 1). Federal officials have percent of global warming since 1950 conducting such analyses that applies to officially investigated only 77 of those has been caused by human activities. all situations (Glick et al. 2011, p. 3). We fires. Of the fires investigated, 30 were Scientists use a variety of climate use our expert judgment and started by border crossers. The resulting models, which include consideration of appropriate analytical approaches to environmental impacts include the natural processes and variability, as weigh relevant information, including expansion of nonnative plant species, well as various scenarios of potential uncertainty, in our consideration of the degraded endangered species habitat, levels and timing of GHG emissions, to best scientific information available and soil erosion. evaluate the causes of changes already regarding various aspects of climate observed and to project future changes change. Climate Change in temperature and other climate Global climate projections are Climate change may be impacting the conditions (for example, Meehl et al. informative, and, in some cases, the western yellow-billed cuckoo. Climate 2007, entire; Ganguly et al. 2009, pp. only or the best scientific information change is discussed here under Factor A 11555, 15558; Prinn et al. 2011, pp. 527, available for us to use. However, because, although it may affect the 529). All combinations of models and projected changes in climate and related western yellow-billed cuckoo directly emissions scenarios yield very similar impacts can vary substantially across by creating physiological stress, the projections of increases in the most and within different regions of the primary impacts of climate change on common measure of climate change, world (IPCC 2007a, pp. 8–12). the species are expected to be through average global surface temperature Therefore, we use ‘‘downscaled’’ changes in the availability and (commonly known as global warming), projections when they are available and distribution of western yellow-billed until about 2030. Although projections have been developed through cuckoo habitat. of the magnitude and rate of warming appropriate scientific procedures, Our analyses under the Act include differ after about 2030, the overall because such projections provide higher consideration of ongoing and projected trajectory of all the projections is one of resolution information that is more changes in climate. The terms ‘‘climate’’ increasing global warming through the relevant to spatial scales used for and ‘‘climate change’’ are defined by the end of this century, even for the analyses of a given species (see Glick et Intergovernmental Panel on Climate projections based on scenarios that al. 2011, pp. 58–61, for a discussion of Change (IPCC). The term ‘‘climate’’ assume that GHG emissions will downscaling). With regard to our refers to the mean and variability of stabilize or decline. Thus, there is strong analysis for the western yellow-billed different types of weather conditions scientific support for projections that cuckoo, downscaled projections are over time, with 30 years being a typical warming will continue through the 21st available. period for such measurements (IPCC century, and that the magnitude and The Southwest is already 2007a, p. 78). The term ‘‘climate rate of change will be influenced experiencing the impacts of climate change’’ thus refers to a change in the substantially by the extent of GHG change. The region has heated up mean or variability of one or more emissions (IPCC 2007a, pp. 44–45; markedly in recent decades, and the measures of climate (for example, Meehl et al. 2007, pp. 760–764, 797– period since 1950 has been hotter than temperature or precipitation) that 811; Ganguly et al. 2009, pp. 15555– any comparably long period in at least persists for an extended period, whether 15558; Prinn et al. 2011, pp. 527, 529). 600 years (Graumlich 1993, pp. 249– the change is due to natural variability See IPCC 2007b, p. 8, for a summary of 255; Salzer and Kipfmueller 2005, pp. or human activity (IPCC 2007a, p. 78). other global projections of climate- 465–487; Millar et al. 2006, pp. 273– Scientific measurements spanning related changes, such as frequency of 287; Ababneh 2008, pp. 59–78; Bonfils several decades demonstrate that heat waves and changes in et al. 2008, pp. 6404–6424; Stevens et changes in climate are occurring, and precipitation. Also see IPCC 2011 al. 2008, pp. 1–15; Salzer et al. 2009, pp. that the rate of change has increased (entire) for a summary of observations 20348–20353; Woodhouse et al. 2010, since the 1950s. Examples include and projections of extreme climate pp. 21283–21288; Hoerling et al. 2012, warming of the global climate system, events. pp. 74–92). The decade 2001–2010 was and substantial increases in Various changes in climate may have the warmest in the 110-year precipitation in some regions of the direct or indirect effects on species. instrumental record, with temperatures world and decreases in other regions These effects may be positive, neutral, almost 2°F higher than historic averages, (for these and other examples, see IPCC or negative, and they may change over with fewer cold snaps and more heat 2007a, p. 30; Solomon et al. 2007, pp. time, depending on the species and waves (Hoerling et al. 2012, pp. 74–92). 35–54, 82–85). Results of scientific other relevant considerations, such as Compared to temperature, precipitation analyses presented by the IPCC show threats in combination and interactions trends vary considerably across the that most of the observed increase in of climate with other variables (for region, with portions experiencing both global average temperature since the example, habitat fragmentation) (IPCC decreases and increases (Hoerling et al. mid-20th century cannot be explained 2007a, pp. 8–14, 18–19). Identifying 2012, pp. 74–92). There is mounting by natural variability in climate and is likely effects often involves aspects of evidence that the combination of ‘‘very likely’’ (defined by the IPCC as 90 climate change vulnerability analysis. human-caused temperature increases percent or higher probability) due to the Vulnerability refers to the degree to and recent drought has influenced observed increase in greenhouse gas which a species (or system) is widespread tree mortality (Van (GHG) concentrations in the atmosphere susceptible to, and unable to cope with, Mantgem et al. 2009, pp. 521–524; Allen as a result of human activities, adverse effects of climate change, et al. 2010, pp. 660–684), increased fire

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occurrence and area burned (Westerling range, such changes in hydrology could 48), mostly indicate an overall reduction et al. 2006, pp. 940–943), and forest excessively scour remaining habitat, in precipitation and increase in average insect outbreaks (Bentz et al. 2010, pp. thus preventing their reestablishment temperature, which can alter hydrology 602–613). Human-caused temperature and resulting in smaller patch size or and negatively affect habitat for the increases and drought have also caused loss of habitat for the western yellow- western yellow-billed cuckoo, as earlier spring snowmelt and shifted billed cuckoo. Long drought cycles described previously. Furthermore, runoff to earlier in the year (Barnett et could also hamper recruitment of Gardali et al. (2012, pp. 8–10) ranked al. 2008, pp. 1080–1083). riparian vegetation following scouring 358 avian taxa in California, and There are three predictions for floods and lead to reduced cover and classified 128 as vulnerable to climate anticipated effects from climate change nest sites for the western yellow-billed change. They ranked the western in the southwestern United States and cuckoo. yellow-billed cuckoo as subject to a parts of northwestern Mexico. First, Exactly how climate change will moderate level of climate vulnerability, climate change is expected to shorten affect precipitation from site to site owing in part to its specialization in periods of snowpack accumulation, as within the range of the western yellow- habitat (riparian) that has already well as reduce snowpack levels. With billed cuckoo in the southwestern experienced significant loss or gradually increasing temperatures and United States and northwestern Mexico alteration. Of the 128 species that were reduced snowpack (due to higher spring is uncertain. However, consistent with rated vulnerable, only 48 were rated as temperatures and reduced winter-spring recent observations of regional effects of having high or moderate climate precipitation), annual runoff will be climate change, the projections vulnerability. reduced (Smith et al. 2003, p. 226; Ellis presented for the southwest predict Regionally downscaled climate et al. 2010, p. 236), consequently overall warmer, drier, and more models for the Pacific Northwest project reducing ground water recharge. drought-like conditions (Hoerling and higher air temperatures in the next Second, snowmelt is expected to occur Eischeid 2007, p. 19; Seager et al. 2007, century (Littell et al. 2009, pp. 6–7) that earlier in the season because increased p. 1181; Ellis et al. 2010, p. 243). For will lead to lower soil moisture and minimum winter and spring example, climate simulations of the increased evaporation from streams and temperatures could melt snowpacks Palmer Drought Severity Index (PSDI) (a lakes (Climate Leadership Initiative sooner, causing peak water flows to calculation of the cumulative effects of (CLI) and the National Center for occur much sooner than the historical precipitation and temperature on Conservation Science and Policy 2009, spring and summer peak flows (Smith et surface moisture balance) for the p. 8). While high uncertainty exists in al. 2003, p. 226; Stewart et al. 2005, pp. Southwest for the periods of 2006 to the total precipitation projections for the 217–218, 224, 230) and reducing flows 2030 and 2035 to 2060 show an increase region (Littell et al. 2009, p. 1), effective later in the season. Third, the in drought severity with surface precipitation (precipitation that hydrological cycle is expected to warming. Additionally, drought-like contributes to runoff) may be reduced become more dynamic on average with conditions will increase even during significantly even if there is no decline climate models predicting increases in wetter simulations because of the effect in total precipitation (CLI and the the variability and intensity of rainfall of heat-related moisture loss through National Center for Conservation events. This will modify disturbance evaporation and evapotranspiration Science and Policy 2009, p. 8). Increases regimes by changing the magnitude and (Hoerling and Eischeid 2007, p. 19). in extreme high precipitation falling as frequency of floods. Annual mean precipitation is likely to Precipitation events under most decrease in the Southwest, as is the rain in the western Cascades and climate change scenarios will decrease length of snow season and snow depth reductions in snowpack are key in frequency, but increase in severity so (IPCC 2007b, p. 887; Sun et al. 2013, pp. projections from high-resolution that, paradoxically, a warmer 21–22). Most models project a regional climate models (Littell et al. atmosphere and an intensified water widespread decrease in snow depth and 2009, p. 1). These may result in more cycle are likely to mean not only a earlier snowmelt in the Rocky winter flooding and reduced summer greater likelihood of drought for the Mountains (IPCC 2007b, p. 891). streamflows in rivers that depend on Southwest, but also an increased risk of Assessments for the Sonoran Desert snowmelt, which include many of the flooding (Karl et al. 2009, pp. 132–133; are few, but the region is also expected rivers in the Pacific Northwest. Dominguez et al. 2012, pp. 1–7). to warm (IPCC 2007a, p. 887). Since In drier climates overall, there will be Precipitation patterns are already about the 1970s, the Sonoran Desert increases in riverine system observed to be shifting in the region appears to have experienced temperatures that are predicted to result Southwest, with more rain falling in ‘‘widespread warming trends in winter in periods of prolonged low flows and heavy downpours that can lead to and spring, decreased frequency of stream drying (Stromberg et al. 2013, flooding (Karl et al. 2009, p. 133). freezing temperatures, lengthening of pp. 411–415) and increased demand for Adding to flood risk is that the earlier the freeze-free season, and increased water storage and conveyance systems streamflow from earlier snowmelt may minimum temperatures per winter year’’ (Stromberg et al. 2013, pp. 411–415). impinge on the flood protection stages (Weiss and Overpeck 2005, p. 2065). Warmer water temperatures across of reservoir operations so that less In California, regional downscaled temperate regions are likely to increase streamflow can be captured safely in climate change assessments (Point the density and expand distribution of key reservoirs, increasing spring Reyes Bird Observatory (PRBO) tamarisk because it has a higher flooding downstream (Smith et al. 2005, Conservation Science 2011, pp. 1–68) tolerance for drought and salt than p. 1154; Karl et al. 2009, p. 133). In indicate changes in precipitation and native cottonwoods and willows (Glenn some sites, where natural floodplain temperature of varying magnitude and Nagler 2005, p. 439). This situation dynamics allow for overbank flooding, across ecoregions. Assessments for areas is expected to lead to the conversion of this could result in a positive occupied by the western yellow-billed native and mixed (native and nonnative) regenerating effect on habitat for the cuckoo, such as the Sacramento River, riparian habitat to monotypic stands of western yellow-billed cuckoo. However, Sierra Nevada (southern), and Sonora tamarisk, which, outside of the where floodplains have been Desert (lower Colorado River) (PRBO Southwest, provides little or no suitable constrained, as in many areas of the Conservation Science 2011, pp. 25, 28, breeding habitat for the western yellow-

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billed cuckoo (as described previously an increasing risk of flooding in this negative effect on the available habitat above). region (Kitoh et al. 2011, p. 1). At the throughout the breeding range of the Increased drought is expected to same time, a large increase of western yellow-billed cuckoo. adversely affect food availability for consecutive dry days is projected over Moreover, a drying trend associated western yellow-billed cuckoos (Newton the western part of the Amazon, where with global climate change may result in 1980, pp. 11–12; Durst 2004, pp. 40–41; extremes in seasonal precipitation and more dams, levees, or other activities to Scott et al. 2004, p. 70) through the resulting runoff is projected to increase ensure fresh water for human disruption of the timing between a in the Amazon River, implying more consumption, which may result in species and its food resources (Visser floods in the wet season and droughts additional habitat loss from the and Both 2005, pp. 2561–2569). For in the dry season (Kitoh et al. 2011, p. activities described in the Habitat Loss example, changes in precipitation or 1). Uncertainty exists regarding the from Dams and Alteration of Hydrology temperature may influence the peak specific effects of such changes on the section, above. timing of insect emergence or timing of wintering habitat of the western yellow- Conservation Efforts To Reduce Habitat the yellow-billed cuckoo’s arrival from billed cuckoo. its wintering grounds so that the nesting In summary, the available climate Destruction, Modification, or season does not coincide as closely with change models are predicting altered Curtailment of Its Range peak insect abundance (Anders and Post future environmental conditions across A number of beneficial actions with 2006, p. 225). This change in timing the breeding range of the western the potential to partially offset decades could result in reduced food availability yellow-billed cuckoo. In the of habitat loss and degradation have for the western yellow-billed cuckoo southwestern United States, northern occurred within the range of the western and breeding success, possibly causing Mexico, California, Intermountain West, yellow-billed cuckoo. These actions further population decline and and Pacific Northwest, climate change is include land acquisition and habitat curtailment of its occupied range. generally predicted to result in an restoration efforts for the western Virtually all future climate scenarios overall warmer, drier climate, with yellow-billed cuckoo and its habitat. for the Pacific Northwest predict periodic episodic precipitation events Along the Sacramento River and its increases in wildfire in western North that, depending on site conditions, are tributaries in California, beneficial America, especially east of the expected to have adverse effects on actions that are hoped to eventually Cascades, due to higher summer habitat of the western yellow-billed counter some of the long-term decline of temperatures, earlier spring snowmelt, cuckoo. In rivers that depend on riparian habitat include the acquisition and lower summer flows, which can snowmelt, these changes are expected to of approximately 25,000 ac (10,117 ha) lead to drought stress in trees (Littell et result in more winter flooding and of riparian habitat, which has been al. 2009, p. 14). These effects could reduced summer stream flows. The preserved by public and private result in both short-term and long-term amount of surface ground water resource conservation entities, mostly in loss of riparian habitat from excessive available to regenerate and sustain the past 20 years (Werner 2012, pers. winter scouring, summer drying, and riparian forests is expected to decline comm.). The Sacramento River NWR is wildfire. Regional downscaled climate overall with persistent drought, favor encompassed in this area and consists of change models for the Intermountain the spread of tamarisk and other 27 units totaling 10,146 ac along the West also provide similar projections for nonnative vegetation, and increase fire river between Red Bluff and Princeton warmer, drier climate with a reduced frequency. Precipitation events under (Service 2012, p. 1). Riparian habitat snowpack and episodic precipitation most climate change scenarios will restoration activities have been events. Prolonged drought in the decrease in frequency and increase in conducted on 4,513 ac (1,826 ha) with southwestern United States and severity. This change may reduce 2,400 ac (738 ha) slated for additional northern Mexico is expected to increase available nesting sites, patch size, and restoration (Hammond 2011, p. 14), and fire frequency, which results in a short- affect prey abundance as a result of is resulting in larger habitat patch sizes term loss of patches of riparian or thorn lower humidity in riparian areas from (Werner 2012, pers. comm.). Yellow- forest habitat for breeding. When fire reduced moisture retention, and through billed cuckoos have been found frequency increases, riparian and thorn periods of prolonged desiccation utilizing these restoration sites as early forests do not have sufficient time to followed by scouring flood events. In as 4 years after planting, but the total recover, resulting in habitat conversion addition, evidence shows that climate number observed on the sites is very to fire-adapted nonforested vegetation change may disrupt the synchrony of low (23 sightings during 2 years of types unsuitable for nesting. nesting yellow-billed cuckoos and their intensive study) (Hammond 2011, pp. 3, Furthermore, the effects of climate food supply, causing further population 50). Overbank flows have been restored change and ongoing reduction in habitat decline and curtailment of its occupied in a small section of the Sacramento and patch fragmentation, discussed range. River on the Sacramento River NWR previously, would increase. Impacts to habitat from climate through a small-scale levee removal Little is known about the wintering change exacerbate impacts from project that has resulted in increased habitat of the western yellow-billed impoundments, channelization, and riparian habitat and floodplain function cuckoo in South America, and alteration of river flows across the (Silveira 2012, pers. comm.). Additional uncertainty exists about how climate western United States and Mexico, and riparian habitat is owned and managed change will affect it there. Regional from conversion of habitat from native by the California Department of Parks downscaled models project an increase to mostly nonnative vegetation. and Recreation (CDPR) (671 ac (272 ha)) in wet-season precipitation and a Changing climate is expected to place and the California Department of Fish decrease in dry-season precipitation an added stress on the species and its and Wildlife (CDFW) (4,014 ac (1,625 over most of South America (Kitoh et al. habitats. While we do not have evidence ha)). 2011, p. 1). In the future, precipitation to suggest that the habitat of the western Conservation efforts elsewhere in intensity will increase over most of yellow-billed cuckoo is being California include the protection of the South America. In particular, substantially affected by climate change Kern River Preserve near Lake Isabella precipitation intensity will be greatest at this time, we expect long-term in Kern County, which was purchased over southeast South America, implying climate trends to have an overall for permanent conservation in 1979 by

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The Nature Conservancy (TNC) and is hiring onsite managers, fencing been attributed to this habitat loss and now managed by Audubon California. livestock from streams, prohibiting off- degradation, resulting from decades of This 2,987-ac (1,209-ha) site has had an road vehicles, removing trespass limited river flows reaching Mexico. active ongoing riparian habitat livestock, and patrolling properties for Large-volume releases of water now restoration program for the past 20 trespassers and breaks in fences (Sferra reach the floodplain of the lower years, and more than 500 ac (202 ha) 2012, in litt.). Colorado River in Mexico, which has have been restored. Livestock grazing In Arizona, permanent protection of allowed regeneration of limited but vital has been eliminated or managed to the 6,105-ac (2,472-ha) Bill Williams stands of native riparian vegetation reduce impacts to riparian habitat for 30 River NWR in 1941 conserved one of the (Zamora-Arroyo et al. 2001, pp. 49–50; years (Audubon Kern River Preserve best remaining willow-cottonwood Nagler et al. 2005, pp. 1849–1851; 2012). riparian habitat areas on the lower Hinojosa-Huerta et al. 2008, p. 81). The In Nevada, Arizona, and other Colorado River, though it is vulnerable yellow-billed cuckoo has been regularly southwestern States, numerous to periodic inundation from Lake detected during May–July surveys, and conservation plans are in various stages Havasu, reduced flows from Alamo is presumably breeding (Hinojoas- of implementation that result in actions Dam, and an increase in tamarisk. The Huerta et al. 2008, pp. 80–81). covering thousands of acres of riparian San Pedro Riparian National In northeastern Sonora, Mexico, habitat that could benefit the western Conservation Area (NCA) encompasses habitat conservation action includes the yellow-billed cuckoo, as reviewed by approximately 40 mi (64 km) of the purchase and protection in 2003 of the the Service (2010, pp. 5–7). These upper San Pedro River meanders. It was 10,000-ac (4,046-ha) Los Pavos-Northern include, but are not limited to, the designated by Congress in 1988 with its Jaguar Preserve by a nongovernmental Lower Colorado River Multi-Species primary purpose to protect and enhance conservation organization. While not Conservation Program (LCRMSCP), the desert riparian ecosystem as an managed on the site, yellow-billed which calls for restoring more than example of what was once an extensive cuckoos were commonly sighted during 4,000 ac (1,618 ha) of habitat for the network of similar riparian systems bird surveys (O’Brien et al. 2008, p. 1). western yellow-billed cuckoo, various throughout the American Southwest. It This rugged roadless area is located on State Wildlife Action Plans, the Virgin contains nearly 57,000 ac (23,077 ha) of the Rı´o Aros, which is part of the Rı´o River Habitat Conservation and public land between the international Yaqui watershed, and is in the core area Recovery Program, Muddy River border with Mexico and St. David, that supports one of the largest Recovery Implementation Program, Arizona, and supports one of the largest unfragmented wild areas of foothills Warm Spring Natural Area Stewardship western yellow-billed cuckoo thorn scrub in the State of Sonora Plan, Horseshoe and Bartlett Reservoirs populations in Arizona. However, (Lorenzana-Pin˜ a et al. 2004, p. 354). The Habitat Conservation Plan, and Las continually increasing demands for region surrounding the preserve, Vegas Wash Comprehensive Adaptive water use within the basin threatens however, remains vulnerable to various Management Plan (Service 2010a, pp. 5– future flow in the upper San Pedro new resource extraction activities 7). River. The 2011 District of Arizona case, (O’Brien et al. 2008, p. 1). In Arizona, implementation of the Center for Biological Diversity, et al. v. In summary, we believe that LCRMSCP has successfully increased Kenneth Salazar, et al., CV 07–484– conservation actions, such as habitat occupied western yellow-billed cuckoo TUC—AWT, ruled that the 2007 plan by protection and restoration, have strong habitat through restoration, and the U.S. Army and U.S. Fish and potential to be beneficial to the species. researchers have found greater Wildlife Service failed to protect the However, because many of these occupancy of yellow-billed cuckoos in upper San Pedro River or properly projects are either in the planning stages restored compared to natural habitat analyze Fort Huachuca’s ground water or have not been fully implemented, along the lower Colorado River and pumping effect on the ecosystem’s there is no data to show that these tributaries (McNeil et al. 2011, pp. 40– endangered species and critical habitat. efforts have reduced or eliminated 41). Additionally, a number of In Colorado’s San Luis Valley, impacts from ongoing long-term effects conservation properties have been approximately 1,500 ac (607 ha) of to riparian habitat from the multiple purchased in fee title or as easements riparian habitat are under permanent threats of altered hydrology, livestock since 1996 to offset the effects elsewhere conservation easement along the Rio grazing, and nonnative vegetation. to southwestern willow flycatchers at Grande and Conejos River, which Conservation actions that have been Roosevelt Lake and the Salt River (SRP supports the western yellow-billed implemented have either had 2011b, pp. 17–50), and southwestern cuckoo. The easements prohibit any insufficient time in which to willow flycatchers and yellow-billed activity that alters or diminishes the demonstrate a population increase or cuckoos at Horseshoe Reservoir and the value of the wildlife habitat (Service other factors continue to affect the Verde River (SRP 2011a, pp. 25–35). 2011, p. 11). In northern Mexico, some western yellow-billed cuckoos and keep These properties, which also support riparian habitat has regenerated along abundance low. Even if all of these yellow-billed cuckoos, include the San the lower Colorado River floodplain in conservation actions are successful, they Pedro River Preserve, Adobe Preserve, recent years in response to improved are not of a sufficient magnitude to Stillinger Preserve, Spirit Hollow and hydrological conditions resulting from counter the long-term decline of the Spirit Hollow Annex on the lower San binational water agreements, as western yellow-billed cuckoo. Impacts Pedro River, Camp Verde Riparian discussed previously. During 50 years of to habitat continue to modify and curtail Preserve, and the Fort Thomas Preserve reduced flows resulting from extensive the occupied range of the western on the Gila River. Other conservation damming of the upper Colorado River in yellow-billed cuckoo. properties along the lower San Pedro the 1930s, the lower Colorado River River include Cook’s Lake, owned by nearly lost its cottonwood–willow Summary of Factor A Reclamation, and Three Links Farm, forests and was being replaced by We have identified a number of with conservation easements held by tamarisk (Glenn et al. 2001, pp. 1175– threats to the habitat of the western TNC and Reclamation. Management 1186; Nagler et al. 2005, pp. 1843– yellow-billed cuckoo that have operated actions that have benefitted riparian 1844). Local loss of the yellow-billed in the past, are impacting the species habitat include retiring water rights, cuckoo and other riparian birds has now, and will continue to impact the

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species in the future. The curtailment nothing to indicate that overutilization however, we do not have any and decline in the habitat of the western for commercial, recreational, scientific, information of the frequency of yellow-billed cuckoo is primarily the or educational purposes is occurring at predation. An inverse relationship result of the long-lasting effects of this time or is likely to in the near future appears to exist between the presence of habitat loss from manmade features that in any portion of the western yellow- yellow-billed cuckoos and western alter watercourse hydrology so that the billed cuckoo range. We, therefore, scrub-jays on the Sacramento River, natural processes that sustained riparian conclude that such overutilization does indicating a possible aversion by the habitat in western North America are not currently constitute a threat to the yellow-billed cuckoos to nesting at sites greatly diminished. Loss and western yellow-billed cuckoo, nor do occupied by western scrub-jays, a degradation of habitat has also occurred we expect it to be a threat in the future. known predator of eggs and young as a result of livestock overgrazing and (Halterman 1991, p. 38). Cooper’s hawks Factor C. Disease or Predation encroachment from agriculture. All of ( cooperii) are thought to be the these have the potential to promote, and Little is known about diseases in the only avian predator capable of taking are exacerbated by, the conversion of western yellow-billed cuckoo. West Nile adult western yellow-billed cuckoos native habitat to predominantly virus has recently spread throughout (Laymon 1998, pp. 12–13), and during nonnative vegetation. The curtailment, portions of the western United States. It migration adults are susceptible to degradation, fragmentation, and loss of poses a potential threat to many bird predation by raptors, such as aplomado habitat for the western yellow-billed species. The USGS National Wildlife falcons (Falco femoralis) (Hector 1985, cuckoo is ongoing and, absent changes Health Center has identified the yellow- p. 338); however, we have no in the landscape, hydrology, or other billed cuckoo as a species that is subject information to suggest that the rate of factors, it will likely continue to be to the effects of West Nile virus adult predation is significantly affecting negatively impacted or lost into the (USGS—National Wildlife Health Center the yellow-billed cuckoo population. In future. 2005, p. 2). The Center for Disease the Sonoran town of Alamos, Mexico, We recognize that climate change is a Control’s Vector-Borne Disease Web site Mackay (David Mackay 2012, in litt.) critical issue with potentially severe reports that West Nile virus has been witnessed a brown vine snake (Oxybelis wide-ranging effects on the species and documented in a dead yellow-billed aeneus) leaving a yellow-billed cuckoo its habitat. The available scientific cuckoo (Center for Disease Control nest after eating one of four nestlings. literature suggests that the effects of 2012); however, if this yellow-billed On the lower Colorado River, McNeil climate change will likely exacerbate cuckoo was from the western DPS is et al. (2011, p. 41) found that high nest multiple existing threats to the western unknown. Although the population of predation rates (63 percent of nests yellow-billed cuckoo and its habitat. the western yellow-billed cuckoo has failed) contributed to the much lower These threats include habitat loss and been in decline over several decades average nest productivity at restoration degradation from altered hydrology, (see Historical and Current Status sites (1.25 young fledged per nest) with secondary effects from increases in section, above), no evidence suggests compared to nests at the Bill Williams nonnative vegetation and wildfire. that it has undergone a precipitous River NWR (2.14 young fledged per These threats may result in smaller decline coincident with the relatively nest). Most of that predation was patch sizes of habitat such that many recent arrival of West Nile virus in attributed to avian predators; however, will be no longer occupied by the western North America. Therefore, we for 2 consecutive years a nest was western yellow-billed cuckoo. conclude, based on the best available preyed upon by a California king snake Conservation actions, such as habitat scientific and commercial information, (Lampropeltis getula californiae) protection and restoration described which is limited, that the adverse effects (McNeil et al. 2011, p. 41; McNeil et al. above, have strong potential to be of West Nile virus to the western 2012, p. 50). Nest predation may have beneficial to the species by increasing yellow-billed cuckoo are not significant been high in restoration sites because the amount of available habitat and and do not constitute a threat at this most were located adjacent to patch size. However, these efforts offset time, nor is there any information to agricultural areas, which may have only a small portion of past losses and suggest that this situation will change in increased the exposure of nests to degradation of riparian habitat in the the future. human-adapted avian predators that range of the western yellow-billed All bird species, including the yellow- thrive in agricultural areas. cuckoo. Habitat elsewhere in the range billed cuckoo, are exposed, to some Additionally, these sites did not yet continues to be vulnerable to loss and extent, to parasites. Greiner et al. (1975, have the height, structure, and degradation from ongoing alterations in pp. 1762–1787) found 5 of 16 yellow- composition of more complex riparian hydrology, nonnative vegetation, and billed cuckoos infected with habitats (McNeil et al. 2011, pp. 41, 49; agricultural activities combined with Leucocytozoon, Trypanosoma, and McNeil et al. 2012, p. 56) that may serve additional or synergistic effects microfilaria blood parasites. No to hide nests from predators. Nest associated with climate change. information indicates whether these and predation can be partially compensated Moreover, we expect these multiple other parasites (see Hughes 1999, p. 18, by the ability of yellow-billed cuckoos stressors to continue to affect habitat of for a brief review) pose any threat to the to renest when a nest fails. In general, the western yellow-billed cuckoo into western yellow-billed cuckoo. despite the instances of nest predation the future. Predation is a potential threat to the listed above, western yellow-billed western yellow-billed cuckoo. On the cuckoos have higher than normal nest Factor B. Overutilization for Kern River, red-shouldered hawks success and lower nest predation rates Commercial, Recreational, Scientific, or (Buteo lineatus) and northern harriers than other open-cup nesting birds Educational Purposes (Circus cyaneus) have been observed (Laymon et al. 1997, p. 11). There are no known threats to the preying on nestlings, and yellow-billed In summary, western yellow-billed western yellow-billed cuckoo resulting cuckoos have been observed chasing cuckoos, particularly the eggs or young from overutilization for commercial, western scrub-jays (Aphelocoma in nests, are vulnerable to predation. scientific, or educational purposes. Our californica) and loggerhead shrikes Predation may be a significant threat in review of the best available scientific (Lanius ludovicianus) away from their some localities and in some years, and and commercial information yielded nests (Laymon 1998, pp. 12–14); may be influenced by several factors,

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such as surrounding land use and size public lands be managed in a manner discharge is otherwise exempt from and complexity of riparian habitat. As a that will protect the quality of scientific, regulation as designated in section 404 result, predation may act periodically in scenic, historical, ecological, (r). Some areas of riparian habitat may concert with other stressors that environmental, air and atmospheric, be considered ‘‘waters of the United contribute to the decline of the species water resource, and archeological States,’’ but many areas of riparian (which we discuss in greater detail values; that . . . will preserve and habitat do not meet the term’s strict under Factor E, below). However, we protect certain public lands in their definition. The Service can review conclude, that predation by itself does natural condition; (and) that will permit applications and provide not pose a significant threat to the provide food and habitat for fish and recommendations to the USACE to western yellow-billed cuckoo at this wildlife . . . .’’ Furthermore, it is the avoid and minimize impacts and to time, and we do not have any reason to policy of the Bureau of Land implement conservation measures for believe that this will change Management (BLM) ‘‘to manage habitat fish and wildlife resources, including substantially in the future. with emphasis on ecosystems to ensure the western yellow-billed cuckoo. We conclude that predation, parasites, self-sustaining populations and a However, incorporation of Service and disease are not currently significant natural abundance and diversity of recommendations into section 404 threats to the western yellow-billed wildlife, fish, and plant resources on permits is at the discretion of the cuckoo, and are not expected to become public lands’’ (BLM manual 6500.06). USACE. significant threats in the near future. Similarly, the National Forest Furthermore, not all activities in wetlands or streams involve fill, and not Factor D. The Inadequacy of Existing Management Act of 1976 (NFMA) all wetlands or streams fall under the Regulatory Mechanisms directs that the National Forest System ‘‘where appropriate and to the extent jurisdiction of the USACE. For example, We have identified a number of practicable, will preserve and enhance in areas where the historical floodplain significant threats to the western the diversity of plant and animal has been cut off from the river by levees, yellow-billed cuckoo that are impacting communities.’’ Additionally, section determining the boundaries of wetlands the species now and will continue to 219.12(g) calls for the maintenance of subject to USACE jurisdiction becomes impact the species in the future. The viable populations of native vertebrates complex. The areas behind these levees decline of the western yellow-billed in national forests. As such, FLPMA and have had their hydrological cuckoo is primarily the result of the NFMA have the potential to benefit the characteristics altered, soil conditions long-lasting effects of habitat loss and western yellow-billed cuckoo and its changed, and riparian vegetation modification from altered hydrology habitat. However, given that the BLM removed. As a result, these former resulting from decades of dam and USFS have discretion in how these floodplains, which in some cases would construction, channelization, water statutes are carried out and measures are be important to protect and restore as extraction, and other activities, as well implemented, we continue to see habitat for the western yellow-billed as impacts associated with climate continued loss and degradation of cuckoo, fall outside the jurisdiction of change. Other threats include loss of habitat for the western yellow-billed the USACE. Additionally, many actions habitat to agricultural and other land cuckoo on lands that these agencies that resulted in adverse hydrological uses, overgrazing, exposure to pesticides manage. modifications, such as channelization (which is addressed in Factor E, below), Congress passed the Federal Water and levees, were implemented in wildfire, and conversion of habitat to Pollution Control Act Amendments of compliance with the CWA. monotypic stands of nonnative 1972 and the Clean Water Act (CWA) of The National Environmental Policy vegetation. Under this factor, we discuss 1977 (33 U.S.C. section 1251 et seq.) to Act (NEPA) (42 U.S.C. 4321 et seq.) whether the existing regulatory provide for the restoration and requires all Federal agencies to formally mechanisms adequately address impacts maintenance of the chemical, physical, document, consider, and publicly to the western yellow-billed cuckoo and biological integrity of the Nation’s disclose the environmental impacts of described under Factors A and E, based lakes, streams, and coastal waters. major Federal actions and management on the best available information. Primary authority for the decisions that have significant effects on implementation and enforcement of the the human environment (including Federal Regulatory Mechanisms CWA now rests with the U.S. natural resources); however, NEPA does In the United States, the Migratory Environmental Protection Agency (EPA) not require that mitigation alternatives Bird Treaty Act (MBTA) (16 U.S.C. 703– and, to a lesser extent, the USACE. In be implemented. Additionally, NEPA 712) is the only current Federal addition to the measures authorized applies only to actions by Federal protection provided for the yellow- before 1972, the CWA implements a agencies, so private landowners are not billed cuckoo. The yellow-billed cuckoo variety of programs, including Federal required to comply with NEPA unless a (the entire taxonomically defined effluent limitations and State water Federal agency is involved through species), which includes the western quality standards, permits for the provision of Federal funding or a yellow-billed cuckoo, is considered a discharge of pollutants and dredged and Federal permit. ‘‘migratory bird’’ under the MBTA. The fill materials into navigable waters, and Through the Fish and Wildlife MBTA prohibits ‘‘take’’ of any migratory enforcement mechanisms. Section 404 Coordination Act (FWCA) (16 U.S.C. bird. Take is defined as: ‘‘to pursue, of the CWA is the principal Federal 661 et seq.), the Service may hunt, shoot, wound, kill, trap, capture, program that regulates activities recommend discretionary conservation or collect, or attempt to pursue, hunt, affecting the physical integrity of measures to avoid, minimize, and offset shoot, wound, kill, trap, capture, or wetlands and other waters of the United impacts to fish and wildlife resources collect.’’ However, no provisions in the States. resulting from Federal projects and MBTA prevent habitat destruction Section 404 prohibits the discharge of water development projects authorized unless direct mortality or destruction of dredged or fill material in jurisdictional by the USACE and other Federal active nests occurs. waters of the United States, unless agencies such as Reclamation. The Federal Land Policy and permitted by USACE under section Therefore, FWCA may provide some Management Act of 1976 (FLPMA) (43 404(a) (individual permits), 404(e) protection for the yellow-billed cuckoo U.S.C. 1701 et seq.) requires that ‘‘the (general permits), or unless the and its habitat through avoidance and

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minimization measures that may be prey for the western yellow-billed status in Oregon because it has not been incorporated into Federal projects. cuckoos. considered an active breeding species However, these measures are since the 1940s (Oregon Department of State Regulatory Mechanisms discretionary. Fish and Wildlife 2005, p. 3). State A majority of dams in the western The majority of occupied areas for the Wildlife Action Plans that include the United States supply hydropower, and western yellow-billed cuckoo north of yellow-billed cuckoo as a species of their construction and ongoing Mexico occur within California, conservation concern are: California, operation is authorized by the Federal Arizona, and New Mexico (Hughes Washington, Arizona, Colorado, Energy Regulatory Commission (FERC), 1999, p. 1). Only California classifies the Montana, Idaho, New Mexico, Utah, under the Federal Power Act of 1920, yellow-billed cuckoo as endangered Texas, Nevada, and Wyoming. These which incorporates by reference the (CDFW 2011, p. 10). The California plans identify conservation needs and FWCA and NEPA. The remainder of Endangered Species Act (CESA) actions for a broad range of species and hydropower in the western United prohibits unpermitted possession, habitats, but their implementation is States is largely produced by the USACE purchase, sale, or take of listed species. discretionary. and Reclamation. Reclamation also However, the CESA definition of take In summary, where the yellow-billed oversees water diversion and delivery does not include harm, which under the cuckoo is State-listed (CA), a State projects. FERC reconsiders its Federal Act can include destruction of candidate (WA), a species of concern or hydropower licenses every 30 to 50 habitat that actually kills or injures sensitive species (AZ, ID, WY, MT, CO, wildlife by significantly impairing years. Through the various Federal TX), or critically imperiled (NV), these essential behavioral patterns (50 CFR regulations under which these agencies designations contain no protection for 17.3). CESA does require consultation implement their water projects, the the western yellow-billed cuckoo from between the CDFW and other State Service has an opportunity to habitat modification or destruction, as agencies to ensure that their activities periodically review their permits and described under Factors A and E. will not jeopardize the continued relicensing applications and provide its Existing State regulatory mechanisms existence of State-listed species; recommendations to avoid and have not protected the western yellow- however, the yellow-billed cuckoo minimize impacts, and implement billed cuckoo from habitat loss and continues to decline in California conservation measures for fish and degradation from altered hydrology despite its status as a State-listed wildlife resources, including species from upstream dams and surface water species. In Arizona, the yellow-billed and ground water diversions, such as the western yellow-billed cuckoo is listed as a species of concern cuckoo. Implementation of these encroachment into the floodplain by (Arizona Game and Fish Department agricultural and other development recommendations by FERC, USACE, 2002, p. 3), with no protective status. and Reclamation is discretionary for activities, bank stabilization and levee The yellow-billed cuckoo has no special construction and maintenance activities, nonlisted species. We continue to see protective status in New Mexico. overgrazing, pesticide use on adjacent loss and degradation of habitat for the Washington State’s Department of agricultural lands, conversion of habitat yellow-billed cuckoo as a result of Fish and Wildlife considers the yellow- altered hydrology from operation of billed cuckoo a candidate for listing. to monotypic stands of nonnative dams and other water supply projects, The State wildlife agencies in Wyoming, vegetation, gravel mining, wildfire, as described under Factor A. Montana, Colorado, Utah, and Texas drought, and climate change across the The EPA is responsible for regulating classify the yellow-billed cuckoo as a range of the western yellow-billed pesticides under the Federal Insecticide, species of concern or a sensitive species. cuckoo. Fungicide, and Rodenticide Act and the The yellow-billed cuckoo is identified Canadian, Mexican, and other Food Quality Protection Act. Before a as a Species of Greatest Conservation International Laws pesticide can be distributed, sold, and Need in Idaho’s Comprehensive Canada used in the United States it must first go Wildlife Conservation Strategy (Idaho through a registration process through Department of Fish and Game 2005, The Canadian Government through the EPA. The EPA conducts short- and Appendix B, p. 7), and, under Idaho the Department of the Environment long-term toxicity tests to evaluate State law, is considered a protected (Environment Canada, which was first potential adverse effects on humans, nongame species for which it is illegal established by the Department of the wildlife, fish, and plants, including to intentionally take or possess, except Environment Act of 1971) administers endangered species and nontarget as provided in sections 36–106(e) and numerous acts to preserve and enhance organisms, and evaluates the potential 36–1107, Idaho Code, by Commission the quality of Canada’s natural for possible contamination of surface rule, or the Idaho Administrative environment. Acts identified for water or ground water from leaching, Procedures Act 13.01.10, ‘‘Rules conservation of wildlife and plant runoff, and spray drift. The sensitivity Governing the Importation, Possession, species or their habitat are identified of any life stages of the yellow-billed Release, Sale, or Salvage of Wildlife,’’ below. cuckoo or its prey items to exposure subsection 100.06.b (Idaho Department 1916 Great Britain-United States from common agricultural pesticides of Fish and Game 2005, Appendix B, p. Convention for the Protection of that could leach, runoff, or migrate from 5). While protected status extends Migratory Birds. Canada has committed agricultural areas into the habitat of the certain protections to the yellow-billed to migratory bird protection through the yellow-billed cuckoo has not been cuckoo in Idaho, neither this status nor 1916 Great Britain-United States tested. However the EPA does conduct the Species of Greatest Conservation Convention for the Protection of evaluation on these factors on surrogate Need designation protects its habitat. In Migratory Birds in Canada, which species and has determined the use of Nevada, the yellow-billed cuckoo is encourages voluntary cooperative certain approved pesticides are identified as critically imperiled due to actions to protect identified migratory appropriate in areas used by the western extreme rarity, imminent threats, or birds. The yellow-billed cuckoo is listed yellow-billed cuckoo. Even if approved biological factors, but this designation under the 1916 Great Britain-United application procedures are followed, provides no protection for habitat. States Convention for the Protection of pesticides could reduce available insect Yellow-billed cuckoos have no State Migratory Birds in Canada. In addition,

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Canada has enacted the Migratory Birds Mexico Wildlife management units, or UMAs, Convention Act of 1994 (MBCA). The were part of a program developed and MBCA is intended to ensure the The Mexican Government, through its implemented by SEMARANT in 1997 to conservation of migratory bird Secretaria de Medio Ambiente y promote wildlife management on populations by regulating potentially Recursos Naturales (SEMARNAT), has private property in Mexico (Weber et al. harmful human activities. The authority to designate species as 2006, p. 1480). The UMA program has implementing regulations of the MBCA threatened or endangered. The western not been effective in promoting wildlife ban all activities that are harmful to yellow-billed cuckoo is not listed by the management or biodiversity migratory birds, their eggs or their nests, Mexican Government’s Official Mexican conservation. It has increased the but does not protect habitat. Also, some Norm NOM–059–SEMARNAT–2010, introduction of exotic wildlife species to activities, such as hunting or scientific Mexico’s threatened species law. The meet hunting demands. There is a lack collection may be allowed with an yellow-billed cuckoo is listed under the of technical capability on private lands 1936 Mexico-United States Convention appropriate permit. to conduct proper wildlife monitoring for the Protection of Migratory Birds and and management (Weber et al. 2006, p. The Species at Risk Act of 2002. The Game Mammals (Service 2012b), which 1482). In Mexico, the exploitation of purpose of the Species at Risk Act encourages voluntary cooperative minerals and industrial development (SARA) is to prevent Canadian native actions to protect identified migratory has not been matched by strong wildlife and plant species, subspecies, birds and mammals. measures to protect the environment and distinct populations from becoming In 1988, the Mexican Government (Burquez and Martinez-Yrizar 2007, p. extirpated or extinct, to provide for the passed the General Law of Ecological 547). Surface water and ground water recovery of endangered or threatened Equilibrium and Environmental management in Mexico is also lacking, species, and encourage the management Protection, which is similar to NEPA in and restoring water quality and quantity of other species to prevent them from the United States. This Mexican statute to water bodies is a primary concern becoming at risk. SARA, establishes the requires an environmental assessment of (OECD 2013, p. 102). In the State of Committee on the Status of Endangered private or government actions that may Sonora, 30 years of unregulated water Wildlife in Canada (COSEWIC) as an affect wildlife or their habitat. extraction from both above and below independent body of experts Currently, no known regulatory ground has resulted in serious water responsible for assessing and identifying mechanisms or conservation planning is resource overexploitation and species at risk. SARA also, among other in place that specifically targets the degradation (OECD 2013, p. 115). objectives, establishes: prohibitions to conservation of yellow-billed cuckoo Although regulatory measures are in protect listed Canadian threatened and habitat within the range of the DPS in place, they lack consistent endangered species and their critical Mexico. Therefore, we anticipate implementation and oversight (OECD habitat; requirements for use of the best continued threats in Mexico, with little 2013, p. 133). available knowledge on assessing or no protection to the western yellow- Current efforts for protecting the threats to and conservation for wildlife billed cuckoo. western yellow-billed cuckoo in Mexico and plant species; and long- and short- primarily consist of Important Areas for term objectives for development of The National Natural Protected Areas (A´ reas de recovery strategies and action plans. (NPAs) system is a Mexican program to protect sensitive habitats and species. Importancia para la Conservacio´n de las The yellow-billed cuckoo is not NPA designation is supposed to protect Aves), but no specific projects or identified as a species that is sensitive, areas that have not been significantly conservation efforts are focused on the threatened, or endangered under altered by human activities and that yellow-billed cuckoo (Sa´nchez-Gonza´lez Canadian law. Within the range of the provide diverse ecosystem services. and Berlanga 2012 in litt.). western yellow-billed cuckoo, British However, prior to 1994, most NPAs Lack of habitat protection for the Columbia considers the yellow-billed lacked sound and comprehensive yellow-billed cuckoo in northwestern cuckoo as an extirpated breeder, but that management plans. By 2000, Mexico also impacts the western the species still does occur within the approximately 30 percent of new and yellow-billed cuckoo in the United Province (British Columbia existing NPAs had developed States because individuals are known to Conservation Data Centre, 2013). management plans; however, under the make transitory movements up to Canadian Environmental Protection NPA model these plans lacked detailed several hundred miles between the Act of 1999. The Canadian information, and in many cases could be southwestern United States and Environmental Protection Act sets out considered obsolete. NPA goals to northern Mexico within a single several guiding principles for promote sustainable natural resources breeding season (Sechrist et al. 2012, p. conserving the environment including are often unattainable because of 5), so that individuals that breed in the but not limited to supporting: conflicting land ownership interests United States also depend to some Sustainable development; pollution (Valdez et al. 2006, p. 272). The extent on habitat in northern Mexico. prevention; elimination of releases of allocation of funds for management of No known information is known on the substances that are persistent or that natural reserve areas in Sonora is not number of yellow-billed cuckoos that bioaccumulate; an ecosystem approach assured, and some reserves have not utilize habitats in both countries during and using the precautionary principle received protection other than that a given breeding season; however, these on issues related to the environment; given by government edicts or their are also stopovers areas between science-based national standards; and natural isolation (Burquez and breeding and wintering grounds in seeking intergovernmental cooperation Martinez-Yrizar 1997, p. 378). Urban South America, and are important as for consistency and avoidance of development has reduced some of foraging habitat. Therefore, lack of duplication of efforts. Because the Sonora’s natural reserves. Three of the regulatory protections for habitat of the yellow-billed cuckoo is not considered reserves have already disappeared, yellow-billed cuckoos in northwestern a species at risk, implementation of reflecting the tenuous state of many Mexico also affects western yellow- environmental protection regulations nature reserves in Mexico (Burquez and billed cuckoos in the southwestern are optional for the species. Martinez-Yrizar 2007, p. 546). United States.

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In regard to potential for pesticide Factor E. Other Natural or Manmade were more likely to occur in riparian exposure south of the United States Factors Affecting Its Continued habitat along the Snake River, Idaho, in border, Mexico has the second largest Existence sites surrounded by upland natural pesticide sales in Latin America, behind vegetation than in habitat adjacent to Small and Widely Separated Habitat Brazil, which together account for 78 agricultural lands. Saab found that, Patches percent of the volume of pesticides compared to habitat patches surrounded within 11 Latin American countries As described in the Background by natural habitat, patches near (Mora 1997, pp. 3–4). While Mexico has section and under Factor A, the habitat agricultural lands supported more avian laws concerning pesticide use, and of the western yellow-billed cuckoo has nest predators that prosper in human- import regulations on certain pesticides, undergone significant loss and altered landscapes and have a greater there is limited enforcement capacity modification within its occupied effect on the smaller, fragmented (Behre 2003, pp. 337–338). The same is breeding range as a result of widespread habitats (Saab 1999, p. 147). Increases in true in Paraguay, Bolivia, Brazil, and multiple human-caused effects. These these predators can result in more nest Argentina where yellow-billed cuckoos include altered hydrology in losses and discourage yellow-billed winter. For example, in Paraguay, at the watercourses and past loss and cuckoos from nesting, thus suppressing center of the yellow-billed cuckoo’s degradation from agriculture. Past local yellow-billed cuckoo population wintering range, importation and use of destruction and modification size. Increases in nonnative vegetation many pesticides are banned, but it is transformed formerly large expanses of can displace or degrade suitable nesting estimated that the amount of pesticides riparian habitat into a number of smaller and foraging habitat, thereby leading to that are imported illegally are double patches of smaller total area, isolated lower utilization of such areas by the amount that are imported legally from each other by a matrix of mostly western yellow-billed cuckoos. (Scribano 2013).- For additional human-altered habitats (McGill, 1975, Together, the effects can lead to yellow- information on pesticides see Factor E pp. 1–4; Thompson, 1961, pp. 294–315; billed cuckoos abandoning these small below. Wilcove et al. 1986, p. 237). As a result, habitat patches. Based on the best available the DPS now primarily occurs in The western yellow-billed cuckoo is information, the regulatory mechanisms smaller, more widely separated currently found in the largest in Mexico that would protect the populations. Compared to large contiguous and least-fragmented western yellow-billed cuckoo from populations, smaller populations are remaining habitat patches. For example, threats described under Factors A and E disproportionately affected by natural in California, sites larger than 198 ac (80 are either lacking or not being fully and manmade factors. These stressors ha) in extent and wider than 950 ft (600 implemented. These include water vary in frequency, timing, and m) provided optimal patch size for supply projects, water diversions, magnitude across the species’ range. yellow-billed cuckoos (Laymon and expansion of agricultural activities and They are related or correlated to each Halterman 1989, p. 275). Nesting overgrazing, conversion of habitat to other or act in combination to result in yellow-billed cuckoos are sensitive to nonnative vegetation, climate change significant impacts to the western patch size and seldom use patches (Factor A), and pesticides, as well as the yellow-billed cuckoo within all or smaller than 325 × 975 ft (100 × 300 m) threat of small, isolated patches of portions of its range. (Hughes 1999, p. 20). This observed western yellow-billed cuckoo habitat One of the ramifications of smaller, preferential use of large patches strongly (Factor E). more isolated habitat patches is that the suggests that the DPS is sensitive to smaller the patch, the more edge it has fragmentation and reductions in habitat Summary of Factor D in proportion to its area, which patch size. Moreover, patch-size Various Federal, State, and increases the percentage of the available reduction combined with the scarcity of international regulatory mechanisms in habitat exposed to the surrounding land larger patches keeps the yellow-billed place provide varying degrees of uses (Hunter 1996, pp. 186–187). This is cuckoo breeding population size conservation oversight that may to some a particularly prevalent characteristic of depressed. Such effects prevent the degree address the threat of ongoing the yellow-billed cuckoo’s remaining western yellow-billed cuckoo from habitat loss and degradation resulting disjunct habitat patches, as many reversing its long-term decline in from altered hydrology, conversion of patches are in proximity to agricultural population and range (Hunter 1996, pp. habitat to nonnative vegetation, climate and other human-altered landscapes. 179–187). change, agricultural activities (Factor For example, such land use currently Moreover, isolated breeding sites A), or exposure to pesticides and effects dominates much of the riparian separated by hundreds of miles of of small and isolated habitat patches landscape within many regions, nonhabitat also reduce the ease with (Factor E). In California, where the particularly along some reaches of the which dispersing juvenile and returning species is listed as endangered, lower Colorado River, Sacramento adult yellow-billed cuckoos are able to regulations prohibit unpermitted River, Snake River, Verde River, Gila find these sites. This isolation may possession, purchase, sale, or take of River, Santa Cruz River, San Pedro result in low colonization and re- listed species. Such prohibition of take River, and Rı´o Grande; and also in parts occupation rates, so that otherwise does not include the species habitat, of northern Mexico in the vicinity of suitable habitat remains unoccupied or and the yellow-billed cuckoo continues floodplain farming along the Sonora, occupied at low densities (Laymon and to decline in California despite its status Magdalena, and Moctezuma Rivers Halterman 1989, p. 274; Hunter 1996, p. as a State-listed species. However, (Villasen˜ or-Gomez 2006, p. 111). 185). For example, the Sacramento River because the yellow-billed cuckoo is not Agricultural activities on adjacent still appears to have sufficient habitat to a protected or sensitive species in lands affect riparian bird communities maintain a self-sustaining population of Canada, Mexico, or in a majority of the in ways that may result in lower yellow-billed cuckoos, as over 25,000 ac United States, application of these reproductive success, and possible (10,117 ha) of riparian and associated regulatory mechanisms to conserve abandonment of the patch, as reviewed natural habitat has been protected and yellow-billed cuckoo or its habitat is by Saab (1999, pp. 136, 147–148). Saab other sections are in the process of being unknown and the effectiveness of these (1999, p. 147) found that bird species, restored. However, not all suitable regulatory mechanisms is uncertain. including the yellow-billed cuckoo, patches are occupied or may only be

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occupied in very low densities, and the effects of pesticides could also affect these pesticides are persistent in the yellow-billed cuckoo population larger habitat patches as well. In areas environment and, therefore, have the remains much lower than its potential where riparian habitat borders potential to move long distances in (Dettling and Howell 2011, pp. 20–21). agricultural lands, such as California’s surface runoff or ground water. Soil In summary, despite efforts to protect Central Valley, the lower Colorado samples collected from 24 localities in and restore riparian habitat along the River, Snake River, Gila River, Rı´o the Yaqui and Mayo Valleys of southern Sacramento River and elsewhere in the Grande Valley, and rivers in northern Sonora, Mexico, watersheds in which range of the western yellow-billed Mexico, including the Sonora, Yaqui, the western yellow-billed cuckoo is cuckoo, these efforts offset only a small Mayo, and Moctezuma, pesticide use known to breed, were found to have fraction of historical habitat that has indirectly affects western yellow-billed higher OCP levels than other regions of been lost. Therefore, the threats cuckoos by reducing prey numbers, or the world. The OCPs were resulting from the species’ behavioral by poisoning nestlings if sprayed predominantly DDT (Cantu-Soto et al. response to the multiple, combined directly in areas where the birds are 2011, p. 559), despite its having been effects of small and widely separated nesting (Laymon and Halterman 1987b, discontinued in Mexico in 1999 after habitat patches exacerbate the effect of p. 23; Lehman and Walker 2001, p. 12). decades of heavy use in agriculture and other threats within a large portion of Accumulation of chlorinated for malaria control (Yan˜ ez et al. 2004, p. the range of the western yellow-billed hydrocarbon pesticides, particularly 18). This finding may indicate recent cuckoo. Moreover, because the threats dichlorodiphenyltrichloroethane (DDT), applications of DDT in agricultural soils that create small and isolated patches has affected other bird species, (Cantu-Soto et al. 2011, p. 559). Because are ongoing (see Factor A), we expect particularly top predators (Robinson the effects of the species’ response to and Bolen 1989, pp. 269–275). of the proximity of habitat for yellow- small patch size to continue to Pesticides may affect behavior (for billed cuckoos to these valleys and the adversely impact the western yellow- example, loss of balance) or cause death prevalence of floodplain agriculture in billed cuckoo into the future. by direct contact. Laymon (1980, pp. northern Mexico, these pesticides, especially DDT, may be having Pesticides 11–12) reported sublethal poisoning of young yellow-billed cuckoos caused by widespread long-lasting effects on the Exposure to pesticides may also be a spraying active nests in walnut orchards western yellow-billed cuckoo. These threat to western yellow-billed cuckoos in California. include direct and indirect exposure because it negatively impacts Although DDT use has been banned through ingestion of contaminated prey populations of insect prey (Groschupf in the United States since 1972, and in items, and reduction in prey availability 1987, p. 29; Hughes 1999, p. 2). The Mexico since 1999, yellow-billed from direct exposure and pesticide effects of pesticides on western yellow- cuckoos may be exposed to DDT in runoff into habitat that supports western billed cuckoos can be from intentional Mexico or on wintering grounds where yellow-billed cuckoos. aerial spraying of habitat for mosquito DDT is still used despite any bans on its In summary, pesticide use is or forest pest control, or from overspray use. For example, yellow-billed cuckoos widespread in agricultural areas in the when foraging habitat is located next to (most likely of the eastern population) western yellow-billed cuckoo breeding agricultural fields. Prey populations collected during the spring and fall range in the United States and northern were affected by aerial spraying of migration in had unusually high Mexico. Yellow-billed cuckoos are larvicides for control of mosquitoes at concentrations of DDT, suggesting exposed to the effects of pesticides on Caswell State Park in California exposure on the wintering grounds in their wintering grounds, as evidenced (Laymon 1998, p. 12) and in Colorado South America (Grocki and Johnston to control an outbreak of caterpillars on by DDT found in their eggs and eggshell 1974, pp. 186–188). Analysis of two thinning in the United States. Because box elders near Durango (Colyer 2001, eggs collected in California in 1979 pp. 1–6). The available evidence much of the species’ habitat is in showed very low levels of proximity to agriculture, the potential suggests that a reduction in prey dichlorodiphenyldichloroethylene exists for direct and indirect effects to availability results in reduced nesting (DDE), a stable metabolite of DDT, but a large portion of the species in these success (Laymon 1980, p. 27; Hughes eggshell fragments collected in 1985 areas through altered physiological 1999, pp. 19–20), and pairs may even from three nests along the South Fork functioning, prey availability, and forgo breeding in years with inadequate Kern River in California averaged 19 food supplies (Veit and Petersen 1993, percent thinner than pre-DDT era therefore, reproductive success, which pp. 258–259). Therefore, the application eggshells (Laymon and Halterman ultimately results in lower population of pesticides directly onto areas of 1987b, pp. 22–23). DDT has caused abundance and curtailment of the riparian habitat may indirectly affect the eggshell thinning in other bird species, occupied range. While agricultural reproductive success of the western and this percentage of thinning in other pesticides can kill prey of the yellow- yellow-billed cuckoo, leading to nest species has allowed eggs to be crushed billed cuckoo, and documentation exists failure and lowered population size. during incubation, but there is no of pesticide exposure in the wild, Additionally, because breeding site information showing that yellow-billed described above, no known data is fidelity is in part dependent on previous cuckoo eggs have been crushed during available to determine specifically how successful nesting (see the Breeding Site incubation because of shell thinning. often agricultural chemicals are Fidelity section), yellow-billed cuckoos A recent study in southern Sonora, affecting yellow-billed cuckoo prey may abandon otherwise suitable nest Mexico, tested for the presence of a availability, locations where it may be sites where prey availability is limited group of agricultural pesticides banned particularly significant, or the extent to by pesticide use, resulting in in the United States, known as which pesticides are responsible for curtailment of its occupied range. organochlorine pesticides (beta- population-level effects in the western Effects from overspray of pesticides hexachlorocyclohexane (BHC), lindane, yellow-billed cuckoo. However, based are more pronounced in smaller patches aldrin, endrin, b-endosulfan, on the close proximity of agricultural next to agricultural fields (because they methoxychlor, p, p0–DDE, p, p0- areas to where the western yellow-billed have more edges, which allows for Dichlorodiphenyldichloroethane (DDD), cuckoo breeds, the threat is potentially increased chances of exposure) but the p, p0–DDT). Collectively called OCPs, significant.

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Collisions With Communication Towers slated for additional restoration and quality of the riparian habitat that and Other Tall Structures (Hammond 2011, p. 14). At present, remains. To provide a generalized Yellow-billed cuckoos are vulnerable restoration is being done on a relatively example, the following scenario is not to collision with communication towers small scale in comparison to the need to atypical for much of the species’ range: and other tall structures, particularly reduce habitat fragmentation and Installation of a dam along a during their migration. For example, increase the overall extent of suitable watercourse allows for increased several hundred yellow-billed cuckoo habitat. agricultural and urban development DDT has been banned in the United mortalities were documented at a single downstream of the dam because of the States for several decades, which television tower in Florida over a 29- reduced risk of flooding and increased reduces the exposure of yellow-billed year period (Crawford and Stevenson assurance of available water for human cuckoos to this pesticide. However, use 1984, p. 199; Crawford and Engstrom uses. This development, as it expands of DDT south of the border in Central 2001, p. 383), and at an airport through time, results in increased and South America continues, and the ceilometer in the east (Howell et al. channelization of the watercourse and yellow-billed cuckoos are exposed increased ground and surface water 1954, p. 212). Lesser numbers of yellow- during migration and winter. billed cuckoos have been reported as extraction. These activities affect the To date, conservation efforts, though watercourse’s hydrological regime and killed at other sites with both television helpful, have been inadequate to towers and wind turbines in Wisconsin, natural hydrologic functioning such significantly reduce the effects of these that, through reduced flooding, changes West Virginia, and northern Texas other natural or manmade factors (Kemper 1996, p. 223; Schechter 2009, in the watercourse’s channel, and a affecting the western yellow-billed lowered water table, the native riparian p. 1; Bird Watching 2011, p. 1), cuckoo. Although these mortalities were in the vegetation becomes stressed, woody eastern segment of the population, with Summary of Factor E debris accumulates, and few new native plants grow. This situation then allows the number of tall towers that have been As noted in Factor A, habitat for the for increased intensity and extent of constructed in recent years in western western yellow-billed cuckoo has been United States, the potential exists for modified and curtailed, resulting in wildfires (which, in riparian areas, often collisions with the western yellow- only remnants of formerly large tracts of has a human ignition source, another billed cuckoo. Without further study, native riparian forests, many of which indirect effect of development) and we anticipate this to be a minor, but are no longer occupied by western favors conditions that encourages the ongoing, effect to individual yellow- yellow-billed cuckoos. Despite recent growth of nonnative plants. All of these billed cuckoos, but in combination with efforts to protect existing, and restore actions result in a continued loss and all the other effects to this species, as additional, riparian habitat in the degradation of native riparian described under Factors A and E, Sacramento, Kern, and Colorado Rivers, vegetation, which occurs as smaller, mortality from collision would have an and other rivers in the range of the more isolated (fragmented) patches that additive effect to the threats facing the western yellow-billed cuckoo, these are less likely to adequately provide for western yellow-billed cuckoo. efforts offset only a small fraction of the needs of the western yellow-billed historical habitat that has been lost. cuckoo. Conservation Efforts To Reduce Other Therefore, we expect the threat resulting This array of Factor A threats, Natural or Manmade Factors Affecting from the combined effects associated working in combination, creates the Its Continued Existence with small and widely separated habitat situation that then allows threats from Restoration of riparian habitat on the patches to continue to affect a large the other listing factors to markedly Colorado, Kern, and Sacramento Rivers portion of the range of the western affect the species. These other-factor and elsewhere will help reduce habitat yellow-billed cuckoo. This threat is threats may not be significant in and of fragmentation, small patch size, and particularly persistent where small themselves, but because they are not overall lack of habitat. In some habitat patches are in proximity to occurring in isolation they, in restoration plans, reduction of human-altered landscapes, such as near combination, are contributing to the fragmentation is a stated goal, and agricultural fields that dominate the population decline of the species. For restoration sites are planned for sites landscape in many areas where the example, as discussed in the Small and adjacent to existing habitat. The western yellow-billed cuckoo occurs. As Widely Separated Habitat Patches Colorado River riparian habitat a result, the potential exists for section of Factor E, above, small habitat restoration work is just beginning and is pesticides to directly affect (poisoning patches (resulting from the effects of part of the Lower Colorado River Multi- individual cuckoos) and indirectly Factor A threats) are more likely to have Species Conservation Plan. This habitat affect (reducing the prey base) a large a larger number and a wider range of conservation plan call for the creation of portion of the species. These effects nest predators (see the Predation section 5,940 ac (2405 ha) of riparian habitat of could ultimately result in lower of Factor C, above) because more nest which 4,050 ac (1,640 ha) will be population abundance and curtailment predators occur in ecological edges. suitable for western yellow-billed of its occupied range. Mortality from Additionally, habitat patches near areas cuckoos (Reclamation 2012, pp. 1–3). collisions with tall structures is also an of agricultural or urban development Restoration work began on the South ongoing, but largely unquantified effect. can foster higher densities of potential Fork Kern River in California, in 1986. nest predators. Thus, any western To date, 340 ac (138 ha) of riparian Effects From Factors A through E in yellow-billed cuckoo nesting in a small habitat have been restored (Audubon Combination habitat patch near development may be California 2012, pp. 1–10). Along the Habitat loss and degradation occurs subject to higher levels of nest predation Sacramento River, the Sacramento River throughout the range of the western and thus lower productivity. Moreover, National Wildlife Refuge has yellow-billed cuckoo (see Background the mere presence of certain nest implemented a riparian restoration section and Factor A above), and many predators in a habitat patch may elicit program. Riparian habitat restoration of the threats under Factor A have a behavioral response from yellow- activities have been conducted on 4,513 worked and are working in combination billed cuckoos such that they do not ac (1,826 ha) with 2,400 ac (738 ha) to reduce the amount, configuration, even attempt to nest in such habitat

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patches, even if other aspects of the grazing; urban and transportation outside the channel; altered flood habitat would suggest that it is suitable infrastructure; and increased incidence regimes may allow dead wood to for nesting. of wildfire. Continuing ramifications of accumulate, allowing fires, when they Similarly, riparian habitat patches actions that caused habitat loss in the occur, to be severe and affect most of the that occur near urban and agricultural past have resulted in ongoing patch; development and other human development may be subject to curtailment of the habitat of the yellow- activities next to habitat patches may intentional or accidental pesticide billed cuckoo western DPS throughout allow more wildfires to be ignited; and spraying, as discussed in the Pesticide its range. These factors also contribute the reduction in patch size, through section under Factor E. This spraying to fragmentation and promote neighboring development, alteration of would be unlikely to occur but for the conversion to nonnative plant species, hydrology, or encroachment by habitat patch’s proximity to particularly tamarisk. The threats nonnative plants, makes it more likely development. This development likely affecting western yellow-billed cuckoo that a larger proportion of that patch occurs close to the riparian habitat habitat are ongoing and significant and will be affected during any given through a process similar to the have resulted in curtailment of the range disturbance event. Moreover, nearly all generalized scenario described above of the species. Loss of riparian habitat areas where riparian habitat could (see also specific details under Factor leads not only to a direct reduction in potentially grow are modified by dams A). yellow-billed cuckoo numbers but also or water withdrawal and disrupted by Much of the available habitat is now leaves a highly fragmented landscape, other activities, often in combination, in small patches with only a relatively which in combination with other threats that prevent the reestablishment of few patches regularly occupied by (see below), can reduce breeding riparian habitat. Patch size, when nesting western yellow-billed cuckoos. success through increased predation coupled with habitat loss and Factor C Thus, the species’ intolerance of small rates and barriers to dispersal by and E threats, including proximity to patch size in combination with juvenile and adult yellow-billed incompatible land uses which increases extensive habitat loss has resulted in cuckoos. exposure to predators and pesticides, is much less suitable habitat and a greatly Factor E threats, including habitat a significant cumulative threat to the reduced western yellow-billed cuckoo rarity and small and isolated population western yellow-billed cuckoo now and population size. In areas at the edge of sizes cause the remaining yellow-billed in the future. the western yellow-billed cuckoo’s cuckoo populations to be increasingly Per section 4(b)(1)(A) of the Act, prior current range (e.g. the Sacramento susceptible to further declines through to making our determination, we must River) restoration of riparian habitat has lack of immigration, reduced first ‘‘[take] into account those efforts, if not been accompanied by an increase in populations of prey species (food items), any, being made by any State or foreign the species’ population indicating that pesticides, and collisions with tall nation, or any political subdivision of a other factors may be limiting the vertical structures during migration. The State or foreign nation, to protect such population in those areas. Moreover, serious and ongoing threat of small species, whether by predator control, because (1) western yellow-billed overall population size, which is the protection of habitat and food supply, or cuckoos need riparian habitat in a range result of other threats in combination, other conservation practices, within any of ages, including older, more leads to an increased chance of local area under its jurisdiction, or on the structurally diverse areas for nesting, extirpations. high seas.’’ Restoration of riparian and (2) nearly all of the areas where The threats that affect the western habitat on the Colorado, Kern, and riparian habitat could grow in western yellow-billed cuckoo are important on a Sacramento Rivers and elsewhere will North America are modified by dams, threat-by-threat basis, but are even more help reduce habitat fragmentation, small channelization, water extraction, and significant in combination. Habitat loss patch size, and overall lack of habitat. other activities that disrupt natural has been extensive throughout the range Moreover, at present, restoration is processes to allow good-quality riparian of the western yellow-billed cuckoo. being done on a relatively small scale in habitat to grow in a mosaic of different The remaining riparian habitat is comparison to the need to reduce ages (see Factor A), and climate change fragmented into small patches, which habitat fragmentation and increase the is likely to further add to these impacts, the species does not normally select as overall extent of suitable habitat. DDT it is unlikely that large areas of suitable breeding habitat. Additionally, the has been banned in the United States for habitat will naturally regenerate within western yellow-billed cuckoos need several decades, but use of DDT the range of the species into the future. riparian habitat in a range of ages, continues in Central and South including older structurally diverse America, thus exposing western yellow- Proposed Determination areas for nesting. This diversity of tree billed cuckoos during migration and We have carefully assessed the best ages within the riparian vegetation (the winter. scientific and commercial data available DPS’s habitat) is largely dependent on Through our analysis of the best regarding the past, present, and disturbances that affect some but not all available scientific and commercial reasonably anticipated future threats to of vegetation within that habitat patch at information on the abundance, life the western yellow-billed cuckoo. one time. A number of threats, working history, current population status and Threats to the western yellow-billed in combination or individually, prevent trends, and the response of the species cuckoo exist for two of five threat this from happening, now and will and its habitat to natural and factors. Threats also occur in continue to do so in the future. anthropogenic threats, we have combination, resulting in synergistically For example, dams and other flood determined that the western yellow- greater effects. control modifications to a watercourse billed cuckoo DPS meets the definition Factor A threats result from habitat may prevent floods from being severe of threatened under the Act, rather than destruction, modification, and enough to affect that habitat patch; endangered. The Act defines an degradation from dam construction and channelization may restrict floodwaters endangered species as any species that operations, water diversions, riverflow to a narrow channel, allowing is ‘‘in danger of throughout management; stream channelization and floodwaters to cause too much damage all or a significant portion of its range’’ stabilization; conversion to agricultural to habitat within the channel and not and a threatened species as any species uses, such as crops and livestock enough (or no) damage to habitat ‘‘that is likely to become endangered

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throughout all or a significant portion of occur throughout the western DPS’ specific management actions that will its range within the foreseeable future.’’ breeding range and are not restricted to achieve recovery of the species, Our general understanding of an any particular significant portion of that measurable criteria that determine when ‘‘endangered’’ species is one that is range. We conclude that what affects the a species may be downlisted or delisted, currently on the brink of extinction in entire breeding portion of the western and methods for monitoring the the wild. DPS’ range affects the status of the recovery progress. Recovery plans also The geographic extent of the western entire western yellow-billed cuckoo establish a framework for agencies to yellow-billed cuckoo remains rather throughout its breeding range, including coordinate their recovery efforts and widespread through much of its historic migration corridors and stopover areas. provide estimates of the cost of range, conferring some measure of Accordingly, our assessment and implementing recovery tasks. Recovery ecological and geographic redundancy proposed determination applies to the teams (composed of species experts, and resilience. Although there is a western yellow-billed cuckoo Federal and State agencies, general decline in the overall throughout its entire breeding range. nongovernmental organizations, and population trend and its breeding range stakeholders) are often established to Available Conservation Measures has been reduced, the rate of the develop recovery plans. When population decline and contraction of Conservation measures provided to completed, the recovery outline, and its breeding range is not so severe to species listed as endangered or any draft recovery plan, or final indicate extinction is imminent for the threatened under the Act include recovery plan, subsequently developed, western yellow-billed cuckoo. This recognition, recovery actions, will be available on our Web site (http:// current downward trend is slow and not requirements for Federal protection, and www.fws.gov/endangered) or from our expected to increase in the near future. prohibitions against certain practices. Sacramento Fish and Wildlife Office The majority of large-scale habitat losses Recognition through listing results in (see FOR FURTHER INFORMATION CONTACT). and conversions through dam building public awareness and conservation by Implementation of recovery actions and agricultural development have Federal, State, tribal, and local agencies, generally requires the participation of a already occurred, and we are not aware private organizations, and individuals. broad range of partners, including other of any large-scale projects that would The Act encourages cooperation with Federal agencies, States, tribes, affect the species to the extent that the the States, and requires that recovery nongovernmental organizations, current trend of decline would change. actions be carried out for all listed businesses, and private landowners. Therefore, threats to the species and species. The protection required by Examples of recovery actions include population declines do not currently Federal agencies and the prohibitions habitat restoration (for example, reach the level typical of an endangered against certain activities are discussed, restoration of native vegetation), species. in part, below. research, captive propagation and Because the western yellow-billed The primary purpose of the Act is the reintroduction, and outreach and cuckoo does not face any known sudden conservation of endangered and education. The recovery of many listed and calamitous threats, it is not a threatened species and the ecosystems species cannot be accomplished solely narrowly endemic species vulnerable to upon which they depend. The ultimate on Federal lands because their range extinction from elevated or cumulative goal of such conservation efforts is the may occur primarily or solely on non- threats, is not yet restricted to a recovery of these listed species, so that Federal lands. To achieve recovery of critically small range or critically low they no longer need the protective these species requires cooperative numbers, and currently does not show measures of the Act. Subsection 4(f) of conservation efforts on private, State, any substantial reduction in numbers, it the Act requires the Service to develop and tribal lands. would not meet the definition of and implement recovery plans for the If this species is listed, funding for ‘‘endangered’’ as determined by the Act. conservation of endangered and recovery actions will be available from More appropriately, we find that the threatened species, unless the Secretary a variety of sources, including Federal western yellow-billed cuckoo is likely to finds that such a plan will not promote budgets, State programs, and cost-share become endangered throughout all or a the conservation of the species. The grants for non-Federal landowners, the significant portion of its range within recovery planning process involves the academic community, and the foreseeable future, based on the identification of actions necessary to nongovernmental organizations. In timing, severity, and scope of the threats halt or reverse the species’ decline by addition, pursuant to section 6 of the described above. Therefore, on the basis addressing the threats to its survival and Act, the States of California, Nevada, of the best available scientific and recovery. The goal of this process is to Arizona, New Mexico, Texas, Colorado, commercial information, we propose restore listed species to a point where Wyoming, Idaho, Washington, and listing the western yellow-billed cuckoo they are secure, self-sustaining, and Oregon would be eligible for Federal DPS as threatened in accordance with functioning components of their funds to implement management sections 3(6), 3(20), and 4(a)(1) of the ecosystems. actions that promote the protection and Act. Recovery planning includes the recovery of the western yellow-billed Under the Act and our implementing development of a recovery outline cuckoo. Information on our grant regulations, a species may warrant shortly after a species is listed, programs that are available to aid listing if it is threatened or endangered preparation of a draft and final recovery species recovery can be found at: http:// throughout all or a significant portion of plan, and revisions to the plan as www.fws.gov/grants. its range. The western yellow-billed significant new information becomes Although the western yellow-billed cuckoo proposed for listing in this rule available. The recovery outline indicates cuckoo is only proposed for listing is highly restricted to riparian habitat, the species recovery number, whether or under the Act at this time, please let us and the threats to the species and its not a recovery plan will be prepared and know if you are interested in habitat occur throughout its breeding the estimated date of completion, participating in recovery efforts for this range. Therefore, we assessed the status whether a recovery team will be species. Additionally, we invite you to of the western yellow-billed cuckoo appointed, and what immediate actions submit any new information on this throughout its entire breeding range. are anticipated to conserve the species. species whenever it becomes available The threats to the survival of the species The recovery plan identifies site- and any information you may have for

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recovery planning purposes (see FOR interstate commerce in the course of the western yellow-billed cuckoo is FURTHER INFORMATION CONTACT). commercial activity, or sell or offer for known to occur. Section 7(a) of the Act requires sale in interstate or foreign commerce (4) Unauthorized activities that result Federal agencies to evaluate their any listed species. Under the Lacey Act in removal, destruction, or degradation actions with respect to any species that (18 U.S.C. 42–43; 16 U.S.C. 3371–3378), of riparian vegetation from actions that is proposed or listed as endangered or it is also illegal to possess, sell, deliver, include, but are not limited to, threatened and with respect to its carry, transport, or ship any such streamside clearings, prescribed fire, off- critical habitat, if any is designated. wildlife that has been taken illegally. road vehicle use, human trampling, tree Regulations implementing this Certain exceptions apply to agents of the harvesting, and intensive livestock interagency cooperation provision of the Service and State conservation agencies. grazing along any watercourse in which Act are codified at 50 CFR part 402. We may issue permits to carry out the western yellow-billed cuckoo is Section 7(a)(4) of the Act requires otherwise prohibited activities known to occur. Federal agencies to confer with the involving endangered and threatened (5) Unauthorized use of pesticides Service on any action likely to wildlife species under certain that would reduce insect prey jeopardize the continued existence of a circumstances. Regulations governing populations within or immediately species proposed for listing or result in permits are codified at 50 CFR 17.22 for adjacent to riparian areas in which the destruction or adverse modification of endangered species, and at 50 CFR western yellow-billed cuckoo is known proposed critical habitat. If a species is 17.32 for threatened species. With to occur. listed subsequently, section 7(a)(2) of regard to endangered wildlife, a permit In California, if the western yellow- the Act requires Federal agencies to must be issued for the following billed cuckoo is listed under the Federal Endangered Species Act, the CESA ensure that activities they authorize, purposes: for scientific purposes, to (California Fish and Game Code, § 2050 fund, or carry out are not likely to enhance the propagation or survival of et seq.) is automatically invoked, which jeopardize the continued existence of the species, and for incidental take in would also prohibit take of these species the species or destroy or adversely connection with otherwise lawful and encourage conservation by modify its critical habitat. If a Federal activities. California State government agencies. action may adversely affect a listed Our policy, as published in the species or its critical habitat, the Further, the State may enter into Federal Register on July 1, 1994 (59 FR agreements with Federal agencies to responsible Federal agency must enter 34272), is to identify to the maximum into formal consultation with the administer and manage any area extent practicable at the time a species required for the conservation, Service. is listed, those activities that would or Federal agency actions within or management, enhancement, or would not constitute a violation of affecting the species’ habitat that may protection of endangered species. Funds section 9 of the Act. The intent of this require conference or consultation or for these activities could be made policy is to increase public awareness of both as described in the preceding available under section 6 of the Act paragraph include, but are not limited the effects of a proposed listing on (Cooperation with the States). Thus, the to, projects that will result in removal or proposed and ongoing activities within Federal protection afforded to this degradation of riparian vegetation, the range of species proposed for listing. species by listing it as a threatened altered streamflow or fluvial dynamics, The following activities could species would be reinforced and or other habitat-altering activities on potentially result in a violation of supplemented by protection under State Federal lands or as a result of issuance section 9 of the Act; this list is not law. of section 404 CWA permits by the comprehensive: Questions regarding whether specific USACE; construction and management (1) Unauthorized collecting, handling, activities would constitute a violation of of energy and power line rights-of-way possessing, selling, delivering, carrying, section 9 of the Act should be directed by the FERC; construction and or transporting of western yellow-billed to the Sacramento Fish and Wildlife maintenance of roads, highways, or cuckoos in the range of the western Office (see FOR FURTHER INFORMATION bridges by the Federal Highway DPS, including import or export across CONTACT). Requests for copies of the Administration; grazing leases by the State lines and international boundaries, regulations concerning listed USFS or the BLM; and projects funded except for properly documented antique and general inquiries regarding through Federal loan programs. Such specimens of these taxa at least 100 prohibitions and permits may be projects may include, but are not years old, as defined by section 10(h)(1) addressed to the U.S. Fish and Wildlife limited to, construction or modification of the Act. Service, Sacramento Fish and Wildlife of reservoirs, levees, bank stabilization (2) Intentional introduction of Office, Endangered Species Permits, structures, water diversion and nonnative species that compete with or 2800 Cottage Way, Room W–2605, withdrawal projects, roads and bridges, prey upon western yellow-billed Sacramento, CA 95825 (telephone at utilities, recreation sites, and other cuckoos in the range of the western 916–414–6600; facsimile at 916–414– forms of development, and livestock DPS, or degrade its habitat, including 6712). grazing. the intentional introduction of The Act and its implementing nonnative vegetation, which may Peer Review regulations set forth a series of general include, but is not limited to, tamarisk, In accordance with our joint policy on prohibitions and exceptions that apply Russian olive, and giant reed. peer review published in the Federal to all endangered wildlife. The (3) Unauthorized destruction or Register on July 1, 1994 (59 FR 34270), prohibitions of section 9(a)(2) of the Act, alteration of western yellow-billed we will seek the expert opinions of at codified at 50 CFR 17.21 for endangered cuckoo habitat from alteration of the least three appropriate and independent wildlife, in part, make it illegal for any hydrology or fluvial geomorphic specialists regarding this proposed rule. person subject to the jurisdiction of the processes that include, but are not The purpose of peer review is to ensure United States to take (includes harass, limited to, channelization, that our critical habitat designation is harm, pursue, hunt, shoot, wound, kill, impoundment, bank stabilization, water based on scientifically sound data, trap, capture, or collect; or to attempt extractions and diversions, and channel assumptions, and analyses. We have any of these), import, export, ship in clearing along any watercourse in which invited these peer reviewers to comment

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during the public comment period on understand if it were divided into more Federal Register on October 25, 1983 our specific assumptions and (but shorter) sections? (5) Is the (48 FR 49244). conclusions in this proposed rule. description of the rule in the References Cited We will consider all comments and SUPPLEMENTARY INFORMATION section of information received during the the preamble helpful in understanding A complete list of references cited in comment period on this proposed rule the rule? What else could we do to make this rulemaking is available on the during our preparation of a final the proposed rule easier to understand? Internet at http://www.regulations.gov determination. Accordingly, the final Send a copy of any comments that and upon request from the Sacramento decision may differ from this proposal. concern how we could make this Fish and Wildlife Office (see ADDRESSES proposed rule easier to understand to for contact information). Public Hearings Office of Regulatory Affairs, Department Authors Section 4(b)(5) of the Act provides for of the Interior, Room 7229, 1849 C one or more public hearings on this Street NW., Washington, DC 20240. You The primary authors of this document proposal, if requested. Requests must be also may email the comments to this are the staff members of the Sacramento received within 45 days after the date of address: [email protected]. Fish and Wildlife Office. publication of this proposed rule in the Paperwork Reduction Act of 1995 (44 List of Subjects in 50 CFR Part 17 Federal Register. Such requests must be U.S.C. 3501 et seq.) sent to the address shown in the FOR Endangered and threatened species, FURTHER INFORMATION CONTACT. We will This rule does not contain any new Exports, Imports, Reporting and schedule public hearings on this collections of information that require recordkeeping requirements, proposal, if any are requested, and approval by OMB under the Paperwork Transportation. Reduction Act of 1995 (44 U.S.C. 3501 announce the dates, times, and places of Proposed Regulation Promulgation those hearings, as well as how to obtain et seq.). This rule will not impose reasonable accommodations, in the recordkeeping or reporting requirements Accordingly, we propose to amend Federal Register and local newspapers on State or local governments, part 17, subchapter B of chapter I, title at least 15 days before the hearing. individuals, businesses, or 50 of the Code of Federal Regulations, organizations. An agency may not as follows: Required Determinations conduct or sponsor, and a person is not Clarity of the Rule required to respond to, a collection of PART 17—[AMENDED] information unless it displays a Executive Order 12866 requires each currently valid OMB control number. ■ 1. The authority citation for part 17 agency to write regulations that are easy continues to read as follows: to understand. We invite your National Environmental Policy Act (42 U.S.C. 4321 et seq.) Authority: 16 U.S.C. 1361–1407; 1531– comments on how to make this rule 1544; 4201–4245; unless otherwise noted. easier to understand including answers We have determined that ■ 2. Amend § 17.11(h) by adding an to questions such as the following: (1) environmental assessments and entry for ‘‘Cuckoo, yellow-billed Are the requirements in the rule clearly environmental impact statements, as (Western DPS) to the List of Endangered stated? (2) Does the rule contain defined under the authority of the and Threatened Wildlife in alphabetical technical language or jargon that National Environmental Policy Act of order under Birds, to read as follows: interferes with its clarity? (3) Does the 1969 (42 U.S.C. 4321 et seq.), need not format of the rule (grouping and order be prepared in connection with § 17.11 Endangered and threatened of sections, use of headings, regulations pursuant to section 4(a) of wildlife. paragraphing, etc.) aid or reduce its the Act. We published a notice outlining * * * * * clarity? (4) Would the rule be easier to our reasons for this determination in the (h) * * *

Species Vertebrate popu- Historic Range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* BIRDS

******* Cuckoo, yellow-billed Coccyzus U.S.A., Canada, U.S.A. (AZ, CA, CO T NA NA (Western DPS). americanus. Mexico. (western), ID, MT (western), NM (western), NV, OR, TX (western), UT, WA, WY (western)), Can- ada (British Co- lumbia), Mexico (Baja California, Baja California Sur, Chihuahua, Durango (west- ern), Sinaloa, So- nora)).

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Species Vertebrate popu- Historic Range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

*******

*******

* * * * * Dated: September 19, 2013. Dan Ashe, Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–23725 Filed 10–2–13; 8:45 am] BILLING CODE 4310–55–P

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