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Billing Code 4333–15 DEPARTMENT of THE This document is scheduled to be published in the Federal Register on 04/21/2021 and available online at Billing Code 4333–15 federalregister.gov/d/2021-07402, and on govinfo.gov DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2013–0011; FF09E21000 FXES11110900000 212] RIN 1018–BE29 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-billed Cuckoo AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the western distinct population segment of the yellow-billed cuckoo (western yellow- billed cuckoo) (Coccyzus americanus) under the Endangered Species Act. In total, approximately 298,845 acres (120,939 hectares) are now being designated as critical habitat in Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah. This rule extends the Act’s protections to critical habitat for this species. DATES: This rule is effective [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov, and the Sacramento Fish and Wildlife Office website at http://www.fws.gov/sacramento. Comments and materials we received, as well as supporting documentation we used or developed in preparing this rule, are available for public inspection at http://www.regulations.gov at Docket No. FWS–R8–ES–2013–0011. The coordinates or plot points or both from which the maps are generated are included in the decisional record for this critical habitat designation and are available at http://www.regulations.gov at Docket No. FWS–R8–ES–2013–0011 and on the Service’s website at http://www.fws.gov/sacramento FOR FURTHER INFORMATION CONTACT: Michael Fris, Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W–2605, Sacramento, California 95825; or by telephone 916–414–6600. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary Scope of this rule. The information presented in this final rule pertains only to the western distinct population segment of the yellow-billed cuckoo (western yellow-billed cuckoo) (DPS). Any reference to the “species” or to the western yellow-billed cuckoo within this document only applies to the DPS and not to the yellow-billed cuckoo as a whole unless specifically expressed. A complete description of the DPS and area associated with the DPS is contained in the proposed and final listing rules for the western yellow-billed cuckoo published in the Federal Register (78 FR 61621, October 3, 2013, and 79 FR 59992, October 3, 2014). Why we need to publish a rule. Under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; hereafter “Act” or “ESA”), any species that is determined to be an endangered or threatened species requires critical habitat to be designated, to the maximum extent prudent and determinable. Designations and revisions of critical habitat can only be completed by issuing a rule. What this document does. This is a final rule to designate critical habitat for the western yellow-billed cuckoo. This final designation of critical habitat identifies areas that we have determined, based on the best scientific and commercial information available, are essential to the conservation of the species or otherwise essential for its conservation. After exclusions of areas under section 4(b)(2) of the Act, the final critical habitat comprises 63 units and is located in the States of Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah. The total change in area as a result of exclusions or changes from the revised proposed designation is a reduction of approximately 194,820 acres (ac) (78,840 hectares (ha)). In addition, some of the areas removed did not contain the physical or biological features or meet our criteria for critical habitat for the western yellow-billed cuckoo and were identified based on comments or additional review. The total area excluded is approximately 172,490 ac (69,808 ha). The basis for our action. Section 4(a)(3) of the Act requires the Secretary of the Interior (Secretary) to designate critical habitat concurrent with listing to the maximum extent prudent and determinable. Section 3(5)(A) of the Act defines critical habitat as (i) the specific areas within the geographical area occupied by the species, at the time it is listed, on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protections; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination by the Secretary that such areas are essential for the conservation of the species. Section 4(b)(2) of the Act states that the Secretary must make the designation on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impacts of specifying any particular area as critical habitat. Section 4(b)(2) also authorizes the Secretary to exclude areas from the critical habitat if the benefits of excluding the areas outweigh the benefits of including the areas, unless exclusion would result in extinction of the species. Peer review and public comment. We sought comments from six independent specialists to ensure that our designation is based on scientifically sound data and analyses. In 2014, we obtained opinions from four knowledgeable individuals with scientific expertise to review our technical assumptions, analysis, and whether or not we had used the best scientific data available. These peer reviewers generally concurred with our methods and conclusions and provided additional information, clarifications, and suggestions to improve this final rule. Information we received from peer review is incorporated in this final designation of critical habitat. We also received comments from one of the peer reviewers on our 2020 revised proposed rule. We considered all comments and information received from the peer reviewer, species experts, and the public during the comment period for the 2014 proposed and the 2020 revised proposed designation of critical habitat. Previous Federal Actions On October 3, 2013 (78 FR 61621), we published a proposed rule to list the western distinct population segment (DPS) of the yellow-billed cuckoo as threatened. On August 15, 2014 (79 FR 48547), we published a proposed rule to designate critical habitat for the DPS. On October 3, 2014 (79 FR 59992), we published the final listing rule, which added the western yellow-billed cuckoo to the List of Endangered and Threatened Wildlife in title 50 of the Code of Federal Regulations at 50 CFR 17.11(h) as a threatened species. On February 27, 2020 (85 FR 11458), we published a revised proposed critical habitat designation and opened a public comment period that closed on April 27, 2020. On September 16, 2020 (85 FR 57816), we published a not-warranted 12- month finding on a petition to delist the western yellow-billed cuckoo. Please refer to the proposed and final listing and revised proposed critical habitat rules for the western yellow-billed cuckoo published in the Federal Register for a detailed description of previous Federal actions concerning this species. Summary of Changes from the Revised Proposed Rule We reviewed the site-specific comments related to critical habitat for the western yellow-billed cuckoo (see Summary of Comments and Recommendations), completed our analysis of areas considered for exclusion under section 4(b)(2) of the Act, reviewed our analysis of the Physical or biological features (PBFs) essential to the long-term conservation of the western yellow-billed cuckoo, reviewed the application of our conservation strategy and criteria for identifying critical habitat across the range of the western yellow-billed cuckoo to refine our designation, and completed the economic analysis of the designation. This final rule incorporates changes to our 2020 revised proposed critical habitat rule based on the comments that we received, and have responded to in this document, and considers efforts to conserve the western yellow- billed cuckoo. As a result, our final designation of critical habitat reflects the following changes from the February 27, 2020, revised proposed rule (85 FR 11458): (1) We revised unit areas based on comments received regarding areas that did or did not contain the physical or biological features essential to the conservation of the species. (2) We revised Federal, Tribal, and private land ownership information regarding Unit 70 (UT–1) based on information received from Duchesne County, Utah. (3) We excluded approximately 172,490 ac (69,808 ha) from entire or portions of Units as identified in Table 3, Areas Excluded by Critical Habitat Unit. (4) In the revised proposed rule, we misidentified the acreage of off-site restoration areas identified in the Lower Colorado River Multi-Species Conservation Program Habitat Conservation Plan (LCR MSCP HCP). We now acknowledge this miscalculation and as a result of the HCP providing conservation for the western yellow-billed cuckoo and its habitat, we are excluding from this designation all lands that were identified as proposed critical habitat within the planning area. (5) The U.S. Forest Service (USFS) suggested that the Tucson Audubon Society (MacFarland and Horst 2015) did not survey Unit 44 (AZ–32, California Gulch). We corrected the unit description with survey information used to determine occupancy for this unit. (6) We updated the climate change information with new references based on comments. (7) We corrected a number of errors in unit length, acreage, and descriptions.
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