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1995 Federal Endangered Species Act Listing Monday February 27, 1995 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Species: Southwestern Willow Flycatcher; Final Rule federal register 10693 10694 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations DEPARTMENT OF THE INTERIOR hours at Ecological Services State alnorum) were once considered a single Office, U.S. Fish and Wildlife Service, species, the Traill's flycatcher (E. Fish and Wildlife Service 2321 West Royal Palm Road, Suite 103, traillii). Some sources [American Phoenix, Arizona 85021. Ornithologists' Union (AOU) 1983, 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Sam McCabe 1991] treat E. traillii and E. RIN 1018 AB97 F. Spiller or Robert M. Marshall at the alnorum, and all their subspecies as a above address (Telephone 602/640± superspecies, the ``traillii complex''. Endangered and Threatened Wildlife 2720). However, the two species are and Plants; Final Rule Determining distinguishable by morphology (Aldrich SUPPLEMENTARY INFORMATION: Endangered Status for the 1951), song type, habitat use, structure Southwestern Willow Flycatcher Background and placement of nests (Aldrich 1953), eggs (Walkinshaw 1966), ecological AGENCY: Fish and Wildlife Service, The southwestern willow flycatcher is Interior. a small bird, approximately 15 separation (Barlow and McGillivray centimeters (cm) (5.75 inches) long. It 1983), and genetic distinctness (Seutin ACTION: Final rule. has a grayish-green back and wings, and Simon 1988). The breeding range of SUMMARY: The Fish and Wildlife Service whitish throat, light grey-olive breast, the alder flycatcher generally occurs (Service) determines the southwestern and pale yellowish belly. Two wingbars north of the willow flycatcher's range. willow flycatcher (Empidonax traillii are visible; the eye ring is faint or The southwestern willow flycatcher is extimus) to be an endangered species absent. The upper mandible is dark, the one of five subspecies of the willow under the authority of the Endangered lower is light. The song is a sneezy ``fitz- flycatcher currently recognized Species Act of 1973, as amended (Act). bew'' or ``fit-za-bew,'' the call a repeated (Hubbard 1987, Unitt 1987, Browning The breeding range of this bird includes ``whitt.'' 1993) (Figure 1.). The breeding ranges of The southwestern willow flycatcher southern California, southern Nevada, the widely distributed E. t. traillii and occurs in riparian habitats along rivers, southern Utah, Arizona, New Mexico, E. t. campestris extend across the streams, or other wetlands, where dense western Texas, southwestern Colorado, northern United States and southern growths of willows (Salix sp.), and extreme northwestern Mexico. Canada, from New England and Nova Baccharis, arrowweed (Pluchea sp.), Within this region, the species is Scotia west, through northern Wyoming restricted to dense riparian associations buttonbush (Cephalanthus sp.), tamarisk (Tamarix sp.), Russian olive and Montana, and into British of willow, cottonwood, buttonbush, and Columbia. Hubbard (1987) and Unitt other deciduous shrubs and trees. This (Eleagnus sp.) or other plants are present, often with a scattered overstory (1987) treated E. t. campestris as habitat was historically rare and of cottonwood (Populus sp.) (Grinnell synonymous with E. t. traillii, but sparsely distributed and is currently and Miller 1944, Phillips 1948, Phillips Browning (1993) considered them more rare owing to extensive et al. 1964, Whitmore 1977, Hubbard separate subspecies (Figure 1.). The destruction and modification. The 1987, Unitt 1987, Whitfield 1990, subspecies E. t. adastus breeds from southwestern willow flycatcher is Brown and Trosset 1989, Brown 1991, Colorado west of the plains, west endangered by extensive loss of habitat, Sogge et al. 1993, Muiznieks et al. through the Great Basin States and into brood parasitism, and lack of adequate 1994). Throughout the range of E. t. the eastern portions of California, protective regulations. This rule extimus, these riparian habitats tend to Oregon and Washington. The breeding implements Federal protection provided be rare, widely separated, small and/or range of E. t. brewsteri extends from the by the Act for the southwestern willow linear locales, separated by vast central California coast north, through flycatcher. Designation of critical habitat expanses of arid lands. The western Oregon and Washington to for the southwestern willow flycatcher southwestern willow flycatcher has Vancouver Island. The breeding range of is deferred while the Service gathers experienced extensive loss and the southwestern willow flycatcher (E. t. further comments and reconsiders the modification of this habitat and is also extimus) includes southern California, prudence of designation and the endangered by other factors, including southern Nevada, southern Utah, appropriate boundaries of any area to be brood parasitism by the brown-headed Arizona, New Mexico, and western designated. cowbird (Molothrus ater) (Unitt 1987, Texas (Hubbard 1987, Unitt 1987, DATES: The listing of the southwestern Ehrlich et al. 1992, Sogge et al. 1993, Browning 1993). It may also breed in willow flycatcher is effective March 29, Muiznieks et al. 1994). southwestern Colorado, but nesting 1995. Comments on the designation of The southwestern willow flycatcher records are lacking. Records of probable critical habitat may be submitted until (Order Passeriformes; Family breeding E. t. extimus in Mexico are few April 28, 1995. Tyrannidae) is a subspecies of one of the and are restricted to extreme northern ADDRESSES: The complete file for this ten North American flycatchers in the Baja California del Norte and Sonora rule is available for inspection, by genus Empidonax. The willow (Unitt 1987, Wilbur 1987). appointment, during normal business flycatcher and alder flycatcher (E. BILLING CODE 4310±55±M Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations 10695 BILLING CODE 4310±55±C 10696 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations The willow flycatcher subspecies are primarily in willows, buttonbush, and feet) above ground in a medium-sized distinguished primarily by subtle Baccharis, with a scattered overstory of bush or small tree, with dense differences in color and morphology. cottonwood (Grinnell and Miller 1944, vegetation above and around the nest Unitt (1987) noted that these differences Phillips 1948, Whitmore 1977, Unitt (Brown 1988, Whitfield 1990, ``* * * are minor, but differ little in 1987). Following modern changes in Muiznieks et al. 1994). magnitude from those distinguishing the riparian plant communities, E. t. The southwestern willow flycatcher is species E. traillii from E. alnorum. In extimus still nests in native vegetation present and singing on breeding Empidonax, small differences in where available, but has been known to territories by mid-May, although its morphology may mask large differences nest in thickets dominated by tamarisk presence and status is often confused by in biology.'' and Russian olive (Hubbard 1987, the migrating individuals of northern The subspecies E. t. extimus was Brown 1988, Sogge et al. 1993, subspecies passing through E. t. extimus described by A.R. Phillips (1948) from Muiznieks et al. 1994). Sedgwick and breeding habitat [D. Kreuper, Bureau of a collection by G. Monson from the Knopf (1992) found that sites selected as Land Management (BLM), unpubl. data]. lower San Pedro River in southeastern song perches by male willow flycatchers The southwestern willow flycatcher Arizona. The taxonomy of E. t. extimus (E. t. traillii/campestris) exhibited builds nests and lays eggs in late May was critically reviewed by Hubbard higher variability in shrub size than did and early June and fledges young in (1987), Unitt (1987), and Browning nest sites and often included large early to mid-July (Willard 1912, Ligon (1993). Hubbard (1987) gave a qualified central shrubs. Habitats not selected for 1961, Brown 1988, Whitfield 1990, endorsement of the validity of E. t. either nesting or singing were narrower Sogge and Tibbitts 1992, Sogge et al. extimus, recommending continued riparian zones, with greater distances 1993, Muiznieks et al. 1994). Some examination of the taxonomy. Unitt between willow patches and individual variation in these dates has been (1987) found that E. t. extimus was willow plants. Nesting willow observed (Carothers and Johnson 1975, distinguishable from other willow flycatchers of all subspecies generally Brown 1988, Muiznieks et al. 1994) and flycatchers by color, being paler, and prefer areas with surface water nearby may be related to altitude, latitude, and morphology (primarily wing formula) (Bent 1960, Stafford and Valentine 1985, renesting. but not overall size. Browning (1993) Harris et al. 1987), but E. t. extimus The southwestern willow flycatcher is also found that E. t. extimus was virtually always nests near surface water an insectivore. It forages within and distinguishable as a more pale-colored or saturated soil (Phillips et al. 1964, above dense riparian vegetation, taking subspecies. The song dialect of E. t. Muiznieks et al. 1994). At some nest insects on the wing or gleaning them extimus may also be distinguishable sites surface water may be present early from foliage (Wheelock 1912, Bent from other willow flycatchers. Rather in the breeding season but only damp 1960). It also forages in areas adjacent to than the crisp,
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