Vol. 76 Thursday, No. 92 May 12, 2011

Part II

Department of the Interior

Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List the Mountain Plover as Threatened; Proposed Rule

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DEPARTMENT OF THE INTERIOR ADDRESSES). If you use a proposal to list the mountain plover (67 telecommunications device for the deaf FR 72396). We further agreed to submit Fish and Wildlife Service (TDD), call the Federal Information a final listing determination for the Relay Service (FIRS) at 800–877–8339. mountain plover to the Federal Register 50 CFR Part 17 SUPPLEMENTARY INFORMATION: no later than May 1, 2011. On June 29, 2010, we published a [Docket No. FWS–R6–ES–2010–0038; MO Background 92210–0–0008–B2] document in the Federal Register Previous Federal Actions notifying the public that we were RIN 1018–AX26 For a detailed description of Federal reinstating that portion of our December Endangered and Threatened Wildlife actions concerning the mountain plover, 5, 2002, proposed rule to list the and Plants; Withdrawal of the please refer to the February 16, 1999, mountain plover as threatened under Proposed Rule To List the Mountain proposed rule to list the species (64 FR the Act (75 FR 37353). We did not Plover as Threatened 7587); the December 5, 2002, proposed reinstate that portion of the December 5, rule to list the species with a special 2002, proposed rule regarding a AGENCY: Fish and Wildlife Service, rule under section 4(d) of the Act (16 proposed special rule under section 4(d) Interior. U.S.C. 1531 et seq.) (67 FR 72396); and of the Act. The proposed special rule ACTION: Proposed rule; withdrawal. the September 9, 2003, withdrawal of was designed to allow researchers to the proposed rule to list the species (68 complete field research and analyze SUMMARY: We, the U.S. Fish and data for an ongoing study, and Wildlife Service (Service), announce our FR 53083). The document we published on addressed agricultural activities only decision to withdraw the proposed September 9, 2003 (68 FR 53083), through December 31, 2004. To ensure listing of the mountain plover withdrew the entire proposed rule we that our review of the species’ status (Charadrius montanus) as a threatened published on December 5, 2002 (67 FR was complete and based on the best species under the authority of the 72396), including our proposal to list available scientific and commercial Endangered Species Act of 1973, as the mountain plover as a threatened information, we requested comments on amended (Act). After a thorough review species and our proposed special 4(d) the proposal to list the mountain plover of all available scientific and rule. The September 9, 2003, document as a threatened species, including all commercial information, we have also addressed comments we received information related to the species’ status determined that the species is not on both the 1999 and 2002 proposals to and the proposed listing. We invited endangered or threatened throughout all list the mountain plover and public comments on the proposed or a significant portion of its range. We summarized threat factors affecting the listing, new information relevant to our make this determination because threats species. The withdrawal of the proposed consideration of the status of the to the species as identified in the rule was based on our conclusion that mountain plover, and comments and proposed rule are not as significant as the threats to the mountain plover information regarding threats to the earlier believed and currently available identified in the proposed rule were not species and its habitat. data do not indicate that the threats to as significant as previously believed and the species and its habitat, as analyzed Species Information that currently available data did not under the five listing factors described indicate that threats to the species and Our February 16, 1999, and December in section 4(a)(1) of the Act, are likely its habitat, as analyzed under the five 5, 2002, proposed rules (64 FR 7587 and to endanger the species in the listing factors described in section 67 FR 72396, respectively), and our foreseeable future throughout all or a 4(a)(1) of the Act, were likely to September 9, 2003, withdrawal of our significant portion of its range. endanger the species in the foreseeable 2002 proposal to list the mountain DATES: The December 5, 2002 (67 FR future throughout all or a significant plover (68 FR 53083) described the 72396), proposal to list the mountain portion of its range. species’ life history, ecology, and habitat plover as a threatened species is On November 16, 2006, Forest use. For additional background on the withdrawn as of May 12, 2011. Guardians (now WildEarth Guardians) natural history of the mountain plover, ADDRESSES: This finding is available for and the Biological Conservation see the account of the species in The viewing on the Internet at http:// Alliance filed a complaint in the District Birds of North America (Knopf and www.regulations.gov (see Docket No. Court for the Southern District of Wunder 2006). FWS–R6–ES–2010–0038) and http:// California challenging the September 9, While the majority of relevant www.fws.gov/mountain-prairie/species/ 2003, withdrawal of the proposal to list information directly pertaining to the birds/mountainplover and also by the mountain plover (68 FR 53083). We mountain plover that has become appointment, during normal business entered into a settlement agreement available since our December 5, 2002, hours, at the U.S. Fish and Wildlife with the plaintiffs, which was filed by proposal to list (67 FR 72396) and Service, Colorado Ecological Services the court on August 28, 2009. As part September 9, 2003, withdrawal of that Office, 134 Union Boulevard, Suite 670, of the settlement agreement, we agreed proposal (68 FR 53083) has resulted Lakewood, CO 80225; telephone 303– to reconsider our decision to withdraw from local or Statewide studies on the 236–4773; facsimile 303–236–4005. the proposed listing of the mountain mountain plover’s breeding range; two Please submit any new information, plover and to submit to the Federal recent documents provide extensive materials, comments or questions Register by July 31, 2010, a document review of current knowledge regarding concerning this finding to the Colorado reopening the December 5, 2002, the mountain plover: Ecological Services Field Office at P.O. proposal to list the mountain plover (67 (1) Mountain Plover (Charadrius Box 25486, DFC (MS 65412), Denver, FR 72396) that would also request montanus) in Birds of North America Colorado 80225. public comments. We agreed to vacate (Knopf and Wunder 2006); and FOR FURTHER INFORMATION CONTACT: our 2003 withdrawal of the proposed (2) Conservation Plan for the Susan Linner, Field Supervisor, U.S. rule upon publication of the Federal Mountain Plover (Charadrius Fish and Wildlife Service, Colorado Register notice reopening public montanus), Version 1.0 (Andres and Ecological Services Field Office (see comment on the December 5, 2002, Stone 2009).

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Numerous other recent documents are grounds in northeastern Colorado in late normally tends each nest and brood. summarized in our June 29, 2010, March (Graul 1975, p. 6). Arrival is The minimum habitat requirement for notification reinstating our December 5, earlier farther south and later in mountain plover broods in Montana was 2002, proposed rule to list the mountain Montana and at higher elevations in 70 acres (ac) (28 hectares (ha)) (Knopf plover as threatened under the Act (75 South Park, Colorado (Knopf and and Rupert 1996, p. 33), and brood FR 37353). These include over twenty Wunder 2006). Mountain plover are home ranges averaged 143 ac (57 ha) on peer-reviewed journal articles, and territorial during the breeding season, rangeland in Colorado (Knopf and many other reports and summaries with males defending territories shortly Rupert 1996, p. 31). Brood home ranges relevant to the status of the mountain after arrival (Knopf and Wunder 2006). appeared similar for three Colorado plover that have become available since Mountain plover are generally landscapes (Dreitz and Knopf 2007, p. 2002. monogamous; they form pairs and begin 129). Parents stay with chicks until they The following sections highlight and courtship on arrival at their breeding fledge, which occurs at about 33 to 34 update information on the mountain grounds. Nests consist of a simple days (Graul 1975, p. 25). Mountain plover with emphasis on information ground scrape. Egg laying in plover breed their first spring and every developed since 2002. northeastern Colorado begins in late year thereafter (Knopf and Wunder Taxonomy and Species Description April and extends through mid-June 2006). (Graul 1975, p. 7). Graul (1973, p. 84) The mountain plover (Charadius described mountain plover nesting as a Habitat and Range montanus) is a small bird in the order ‘‘ ’’ rapid multi-clutch system. The female Although often thought of as a Charadriiformes, family Charadriidae. normally produces two clutches, grassland species, the mountain plover No subspecies are recognized. It is a typically three eggs each, at different may best be described as a species of migratory, terrestrial shorebird nest sites; the male incubates the first averaging 8 inches (21 centimeters) in disturbed prairie or semi-desert habitat nest site while the female incubates the body length. Mountain plover are light (Knopf and Miller 1994, p. 505). They second. If the first nest or brood is lost brown above and white below, but lack are found on open, flat lands including early in the breeding season, the adult the contrasting dark breast band xeric (extremely dry) shrublands, may renest, so each pair can potentially characteristic of several other plovers shortgrass prairie, barren agricultural make four attempts per year to raise a such as the more common killdeer (C. fields, and other sparsely vegetated brood. This breeding system may vociferus). Sexes are similar in areas. On grasslands, they often inhabit increase breeding success given appearance. areas with a history of disturbance by predation that occurs on mountain Feeding Habits plover nests or broods. This breeding burrowing rodents such as prairie dogs system, rare among bird species, may (Cynomys spp.), native herbivores, or Mountain plover feed on ground- domestic livestock. dwelling invertebrates and flying result in greater reproductive potential invertebrates found on the ground, than in other shorebirds (Knopf and Mountain plover breed from Canada primarily beetles, crickets, and ants. Wunder 2006). It may have developed (extreme southern Alberta and They forage with a series of short runs in response to food fluctuations that Saskatchewan) to northern Mexico and stops, feeding opportunistically as typically occur in the shortgrass prairie, (Figure 1) with greatest apparent they encounter prey (Knopf and Wunder where insect populations likely numbers in Colorado and Wyoming, and 2006, unpaginated). fluctuate in response to annual, substantial numbers in Montana, New seasonal, and local fluctuations in Mexico, and Nebraska. In Mexico, Breeding precipitation (Graul 1973, p. 85). breeding populations are suspected in Mountain plover return north to their Average incubation period is 29 days the States of Chihuahua, Cohuila, and breeding sites in the western Great (Graul 1975, p. 19). Chicks leave the Nuevo Leon (Andres and Stone 2009, Plains and Rocky Mountain States in nest within hours of hatching and p. 9). spring. They arrive at their breeding obtain their own food. Only one adult BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C Breeding Habitat support reduced height and density of Mountain plover winter in similar vegetation, creating favorable breeding habitat, many in California, but also in Common elements of mountain plover habitat for mountain plover. While the southern portions of Arizona, Nevada, breeding habitat include short mountain plover is categorized as a New Mexico, Texas, and in northern vegetation, bare ground, and flat shorebird, it is seldom found near Mexico. While California’s Sacramento, topography. The mountain plover margins of freshwater or marine San Joaquin, and Imperial Valleys historically nested in a region impacted estuaries. Dinsmore (2003, pp. 14–17) support the greatest documented by a variety of herbivores, including described four types of breeding habitat: concentrations of wintering mountain prairie dogs, bison (Bison bison), and Short- and mixed-grass prairie, prairie plover, relatively little is known about pronghorn antelope (Antilocapra dog colonies, agricultural lands, and wintering numbers or distribution in americana), because these heavily semi-desert. other areas. grazed or similarly disturbed landscapes

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On the plains, the mountain plover is tracked annual changes in the area on bare agricultural fields (90 percent of generally considered an associate of the occupied by black-tailed prairie dogs observations), with few (5 percent of shortgrass prairie, dominated by blue (Dinsmore et al. 2003, p. 1024). Both observations) associated with prairie grama (Bouteloua gracilis) and buffalo prairie dog and mountain plover dog towns (McConnell et al. 2009, pp. grass (Buchloe dactyloides) (Knopf and numbers declined sharply in the mid- 31–32). Miller 1994, p. 504). In the Pawnee 1990s in response to an outbreak of It remains unknown whether Texas or National Grasslands (PNG) in northern sylvatic plague, which caused deaths of Mexico crop fields support mountain Weld County, Colorado, an area that prairie dogs and resultant loss of plover breeding (Andres and Stone formerly supported the greatest known favored mountain plover habitat. 2009, p. 24). Holliday (2010) reported concentration of breeding mountain Mountain plover later increased in that breeding season sightings of plover, breeding habitat was described concert with subsequent increases in mountain plover from the Texas as restricted to flat, heavily grazed areas prairie dogs (Dinsmore et al. 2005, pp. Panhandle tended to be in cultivated (Graul 1973, p. 69). Native prairie 1550–1552). fields as in adjacent Oklahoma, grasslands formerly presented a diverse In the Colorado shortgrass prairie although previously reported nesting in ecosystem, shaped by low precipitation, ecosystem, mountain plover densities West Texas was in grazed, short-grass grazing, and fire. Today, prairie observed on black-tailed prairie dog habitat. landscapes often consist of grassland colonies were higher than those on Knopf and Wunder (2006) described fragments where current cattle grazing dryland agriculture and much higher mountain plover as breeding ‘‘more practices tend to create relatively than those on grasslands without prairie predictably’’ at semi-desert locations uniform grass coverage and height, dogs (Dreitz et al. 2006, p. 702; Tipton west of the shortgrass prairie in which is not beneficial to mountain et al. 2009, p. 496). Mountain plover Colorado, Wyoming, and Montana. plover (Knopf 2008, pp. 55–57). Typical were significantly more abundant on Beauvais and Smith (2003, entire) range management practices such as black-tailed prairie dog colonies than on developed a model of mountain plover rotational grazing, limited grazing, and other rangeland within a bison pasture breeding habitat in shrub-steppe habitat improving soil moisture are designed to in northeastern New Mexico (Groguen of western Wyoming. They related promote taller grasses that limit 2010, pers. comm.). Prairie dog colonies favored patches of mountain plover mountain plover use. Within these occupied by mountain plover were, on breeding habitat to poor soils, low landscapes, areas of cattle concentration average, larger in size than colonies precipitation, and wind scour, features (loafing areas and near water), with no mountain plover. In Utah, they predicted would persist over time, disturbance caused by prairie dogs, and mountain plover nested in proximity to especially on public lands. In such plowed or fallow (unseeded for one or white-tailed prairie dog (C. leucurus) habitats, mountain plover are less dependent on prairie dog colonies to more seasons) agricultural fields create colonies (Manning and White 2001, p. create breeding habitat. A Wyoming conditions favorable for mountain 226). In northeastern Mexico, breeding study located 55 mountain plover nests plover nesting (Knopf and Wunder mountain plover were associated with in grassland or desert scrub habitat in 2006). Mountain plover are also Mexican prairie dog (C. mexicanus) six counties (Plumb et al. 2005a, p. 225). attracted to burned areas in their colonies (Gonzales-Rojas et al. 2006, p. All nest sites were grazed by ungulates breeding grounds, and burning may be 82). Mountain plover have been found to with prairie dogs present at only 36 valuable as a habitat management tool regularly use fallow or plowed percent of nest sites, mostly in grassland (Knopf 2008, pp. 25–26, 57–58, 61; agricultural fields for nesting (Shackford (Plumb et al. 2005a, pp. 226–227). In Andres and Stone 2009, p. 34). et al. 1999, entire; Dreitz and Knopf Montana, Childers and Dinsmore (2008, Prairie dog colonies create important 2007, pp. 684–685; Bly et al. 2008, p. p. 107) noted that sparsely vegetated, habitat for mountain plover, and are 127; McConnell et al. 2009, pp. 30–33). hardpan clay flats provided nesting especially important to maintaining Where mountain plover have an habitat. mountain plover populations in the opportunity to choose between In summary, mountain plover require northern portions of their range agriculture and prairie, they may use short vegetation with some bare ground (Dinsmore et al. 2003, pp. 1024–1025; both equally (Knopf and Rupert 1999, p. on their breeding sites. In grasslands, Dinsmore et al. 2005, p. 1552; 84). Shackford et al. (1999, entire) found this usually requires disturbance, such Augustine et al. 2008, unpaginated; mountain plover nesting on cultivated as that provided by prairie dogs, cattle Childers and Dinsmore 2008, p. 705; fields in Colorado, Oklahoma, Kansas, grazing, fire, or farming. In semi-desert Tipton et al. 2009, pp. 496–497; Dreitz and Wyoming. Fifty percent of all nests environments, breeding habitat may 2009, pp. 875–877). Active prairie dog they encountered during their research persist without these forms of colonies provide exposed soils around were on fallow or bare fields. While disturbance. burrows and, because prairie dogs keep many nests were destroyed by farm surrounding vegetation clipped, an area machinery, they concluded that Migration and Wintering Habitat of low-growing, perennial vegetation mountain plover were using cultivated Southbound migration of mountain that is suitable as mountain plover fields successfully for nesting, plover is prolonged, with post-breeding breeding and brood-rearing habitat. In especially in southern portions of the flocks numbering in the hundreds addition, prairie dogs give alarm calls in species’ range (Shackford et al. 1999, p. forming in late June with some response to the approach of predators 117). remaining on breeding areas until and may alert mountain plover to Recent studies addressed the September or October (Bly et al. 2008, predator presence. The density of mountain plover’s nesting ecology, and p. 123; Andres and Stone 2009, p. 10). mountain plover was found to be much attempted to identify the extent of Mountain plover migrate southward greater on black-tailed prairie dog (C. breeding distribution and population across the southern Great Plains in late ludovicianus) colonies than on other size in Nebraska (Bly et al. 2008). They summer and early fall to Texas, New habitats in Montana (Childers and encountered 272 nests on agricultural Mexico, and Mexico, with many then Dinsmore 2008, pp. 705–706). In north- fields of cultivated wheat and millet traveling west to California (Knopf and central Montana, the size of the adult (Bly et al. 2008, p.123). Studies in Wunder 2006). During spring migration, mountain plover population closely Oklahoma encountered mountain plover mountain plover move from their

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wintering sites in early March and availability, furrow depth, size of dirt mixing of mountain plover populations proceed quickly to breeding sites in clods, and the vegetation on contiguous in winter and that birds may use eastern Colorado by mid-March and in land parcels were all believed to alternate wintering sites in different Montana by mid-April (Knopf and influence the suitability of agricultural years (Wunder 2007, p. 118). While Wunder 2006). Mountain plover are fields to mountain plover. mountain plover appear annually at generally thought to use habitats similar In California, annual climatic some favored wintering sites, site to those on the breeding and wintering variability, especially abundant rainfall, fidelity by individual birds appears low. grounds during migration. During influences field conditions and can Mountain plover can move long migration, they have also been reported reduce mountain plover use of distances and use various sites even using alkaline or mud soils, and sod traditionally occupied wintering sites. within a given winter. farms (Knopf and Wunder 2006). Few For example, mountain plover became Survival, Lifespan, and Site Fidelity studies have been conducted on virtually absent from cultivated fields in stopover habitat, and little is known the Imperial Valley during the rainy A long-term study on mountain about stopover ecology or food winter of 2004–2005 (Knopf and plover breeding grounds in Phillips resources exploited (Andres and Stone Wunder 2006). Movement patterns of County, Montana, provides much of 2009, pp. 14, 21, 37). wintering mountain plover in California what is known regarding population In winter, mountain plover use are shown to be highly variable, with dynamics of the species. The annual habitats similar to those on their birds on several occasions moving more survival rate of adult mountain plover of breeding grounds. Mountain plover are than 34 miles (mi) (55 kilometers (km)) both sexes in Phillips County ranged found wintering in California mostly on in a week (Knopf and Wunder 2006). from 0.74 to 0.96 yearly (Dinsmore fallow and cultivated agricultural fields, In Arizona, mountain plover winter 2008, p. 50). The annual survival rate but also on grasslands and grazed on sod farms and grazed pastures, and for juvenile mountain plover (survival pastures (Hunting et al. 2001, p. 39; are observed using the same sites yearly. to 1 year of age) was 0.06 at hatching, Knopf and Wunder 2006). Their use of farm fields and other but for those chicks that reached Throughout the Central Valley of potential habitats is generally unknown, fledging age was 0.62 (Dinsmore 2008, California, the field types used by and these areas are rarely surveyed p. 51). Survival estimates did not mountain plover vary seasonally, from (Robertson 2010, p. 1). A few mountain account for permanent emigration (birds uncultivated lands in October and plover have wintered in recent years on surviving but returning in subsequent November, shifting toward cultivated mowed grasses at Gila Bend Air Force years to sites outside of the study area), lands over the winter (Hunting and Auxiliary Field (Mendelsohn 2010). so the actual annual survival may have Edson 2008, pp. 183–184). Mountain In Texas, winter reports of mountain been higher. plover wintering in the San Joaquin plover were correlated with barren Previous estimates of survival rates Valley of California used tilled fields, fields and grazed pastures (Holliday and of estimated mean lifespan of 1.92 grazed pastures, alkali flats, and burned 2010). In Williamson and Bell Counties, years (Dinsmore et al. 2003, pp. 1020– fields, but they preferred native valley Texas, mountain plover winter only on 1021) supported our December 5, 2002, sink scrub (low vegetation dominated by large, flat, plowed fields, especially conclusion that the mountain plover alkali-tolerant shrubs) and nonnative those with some corn or sorghum had a shorter lifespan than other plovers grazed or burned grasslands over any of stubble (Fennel 2002, p. 29). In the (Charadriidae) (67 FR 72397) and that the more common cultivated land types Texas coastal bend area (Nueces and this might impact its opportunity to (Knopf and Rupert 1995, pp. 747–749). San Patricio Counties), wintering plover reproduce. These conclusions Winter habitat availability in are largely limited to plowed fields underestimated adult mountain plover California’s Carrizo Plain seems linked rather than grasslands or fallow fields, survival. The longer study of the same to a combination of livestock grazing with mountain plover often following population over years with varying and precipitation, with heavy grazing tractors while feeding (Cobb 2009, pers. weather and habitat conditions and dry conditions creating conditions comm.). Wintering mountain plover in modified the earlier conclusions most favorable to the mountain plover. Texas have also been reported using regarding the mountain plover’s Giant kangaroo rat (Dipodomys ingens) burned fields (Knopf and Wunder 2006), longevity. Mountain plover of 5 to 7 precincts (colonies) are also used, sod farms (Cobb 2011, pers. comm.), years of age were frequently especially when wet years produce tall coastal prairies, and alkaline flats encountered, and a longevity record vegetation elsewhere (Sharum 2010, (Andres and Stone 2009, p. 12). over 10 years was established (Dinsmore pers. comm.). In Mexico, mountain plover are found 2008, p. 52). Based on this additional Mountain plover exclusively used wintering in grassland areas with high research, survival rates for mountain cultivated sites in the Imperial Valley of densities of prairie dogs (both black- plover appear comparable to those California (Wunder and Knopf 2003, pp. tailed and Mexican) and on heavily reported for other plovers, and the 74–75). While cultivated lands are grazed pastures (Andres and Stone mountain plover is now considered a abundant throughout the Imperial 2009, p. 12; Macias-Duarte and Panjabi relatively long-lived species (Dinsmore Valley, not all provide suitable feeding 2010, pp. 5, 7). Consistent with other et al. 2010, unpaginated). We no longer habitat. Mountain plover were found to areas, open habitat with low grass cover believe that the mountain plover’s favor irrigated farmland, including and sparse or no shrub cover are lifespan is a liability that could burned bermudagrass (Cynodan elements common to areas used by contribute to the negative impact of dactylon); harvested, grazed, or mountain plover in Mexico. However, natural or manmade events affecting the sprouting alfalfa (Medicago spp.) fields; significant mountain plover use of crop species. and newly cultivated fields (Wunder fields in Mexico has not been reported Mountain plover have a high nest and Knopf 2003, pp. 75–76; AMEC (Macias-Duarte and Punjabi 2010, p. 7). survival rate compared to other ground- Earth and Environment 2003, p. 12). Wunder (2007) studied geographic nesting species (Dinsmore et al. 2010), Fallow fields were used mostly for population structure in mountain plover but nest success in mountain plover has roosting, and melon and vegetable fields through color-banding and stable varied greatly from study to study. were rarely or never used (Wunder and isotope concentrations in feathers. He Successful hatching (of at least one egg) Knopf 2003, pp. 75–76). Insect concluded that there is widespread ranged from 26 percent (Knopf and

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Rupert 1996, pp. 29–30) to 65 percent of adults with broods for the 30 days The previous year’s nesting success (Graul 1975, p. 18). Dinsmore et al. after hatching. A study of overwintering influences adult dispersal; unsuccessful (2002, pp. 3485–3486) found differences mountain plover in California showed adults disperse farther than successfully in nest success between nests incubated nearly 95 percent survival of wintering breeding adults (Skrade and Dinsmore by males (49 percent) and females (33 birds from November 1 to March 15 2010, p. 671). While adults rarely move percent). Dreitz and Knopf (2007, p. (Knopf and Rupert 1995, p. 746). Since far from the area where they nested the 684) found nest success of 37 percent survival of adults during stationary previous year, evidence of potential for with no appreciable difference between periods is believed to be relatively high, year-to-year dispersal in adults is nests on agricultural fields and on and there is no estimate for adult exemplified by an adult mountain native rangeland. survival during spring and fall plover banded on a breeding area in There have been relatively few studies migration, there is potential that losses Colorado in 2009, that was found of chick survival (hatching to fledging) of adults during migration may be nesting approximately 25 mi (40 km) and results vary greatly. Dreitz (2009, p. significant and efforts to increase adult away in Nebraska in 2010 (Bly 2010b, 6) estimated that 30-day survival of survival might be focused on migration pers. comm.). chicks of mountain plover from prairie periods (Dinsmore et al. 2003, p. 1023; Results from genetic studies suggest dog colony nesting habitat was 75 Andres and Stone 2009, p. 1; Dinsmore that gene flow among breeding areas is percent, and that 30-day survival on et al. 2010). However, there is no sufficient to offset genetic effects of other grasslands and on agricultural scientific information available to small populations and reported adult fields was less than 25 percent. indicate that high mortality during fidelity to breeding areas (Oyler- Following similar methodology, migration is occurring. McCance et al. 2008, pp. 496–497). research on crop fields in Nebraska A life stage-specific model based on Population Size and Trends found 95 percent survival of chicks data from three breeding areas, two in accompanying 31 adult mountain plover Colorado and one in Montana, found Mountain plover are difficult to detect that were radio-tracked for the 36 days that mean adult survival was the because they are cryptically colored and after eggs hatched (Blakesley and parameter that most influenced modeled in general are widely distributed at low Jorgensen 2010). Radio contact was lost population growth (Dinsmore et al. densities (Knopf and Wunder 2006). with other adults (due to birds leaving 2010). The importance of adult survival Based on historical observations of the area or transmitter failure), but even was characterized as typical of long- mountain plover and extensive habitat if assuming all chicks associated with lived bird species, for which repeated changes, there is general agreement that these adults perished, chick survival reproductive attempts throughout life the mountain plover is currently greatly was at least 58 percent (Blakesley and are less important to population growth, reduced in numbers and range Jorgensen 2010). Dreitz et al. (2010) as evidenced by low chick survival, compared to their numbers and range studied post-hatching chick survival than adult survival (Dinsmore et al. prior to European settlement (Graul and (hatching to fledging) via radio-tracking 2010). Nest survival was comparable to, Webster 1976, p. 265; Knopf and in Colorado and Montana. The study or higher than, other ground-nesting Wunder 2006). The mountain plover’s targeted factors affecting survival, shorebirds and was less important to historical breeding range is believed to including landscape characteristics, population growth than survival of have differed from that currently with an objective of informing chicks, juveniles, and adults. Large occupied primarily in its eastern extent, conservation and management efforts. variation in estimates of chick survival which may have encompassed the Field studies in 2010 were hampered by led to the conclusion that to improve western thirds of North Dakota, South unusually cold and wet weather. Of 93 population viability on breeding areas, Dakota, and Nebraska, and more of chicks radio-tracked over three habitat management to increase chick survival western Kansas and the Texas types in Colorado, only 9 were should be a priority. The authors Panhandle than is currently occupied confirmed to survive to 30 days (Dreitz believed such management should be (Graul and Webster 1976, p. 265, Knopf et al. 2010, p. 3). Thirty-eight confirmed emphasized over past efforts to decrease and Wunder 2008). mortalities included 13 from avian nest losses and increase hatching Population estimates for the species, predators, 8 from mammalian predators, success (Dinsmore et al. 2010). both historical and recent, appear and 17 from unknown predation, However, the authors conceded that imprecise. Graul and Webster (1976, p. weather, and undetermined factors. management to improve chick survival 266) estimated that mountain plover Contact with other chicks was lost, and is more difficult than improving populations in Montana, Wyoming, their fates were unknown. Results did hatching success and might require eastern Colorado, and New Mexico then not reflect higher chick survival on large-scale habitat improvement. totaled 214,200 to 319,220 birds, with prairie dog towns than on other Mountain plover were thought to have 20,820 in the population stronghold of grasslands or agricultural fields. In high site fidelity to nesting locations, Weld County, Colorado. However, Montana, only 1 of 39 chicks monitored returning to same area where they Knopf and Wunder (2008) cited Graul on black-tailed prairie dog colonies was hatched each year (Graul 1973, p. 71). (pers. comm.) as saying that the confirmed to survive to 30 days. Skrade and Dinsmore (2010, p. 672) estimates may have been off (i.e., high) Nineteen mortalities were documented, quantified mountain plover dispersal on by an order of magnitude (a factor of with 13 from heavy rains (Dreitz et al. breeding sites in Montana and reported 10). 2010, p. 4). Sources of mortality differed juvenile (natal) dispersal (hatching year Knopf (1996, p. 12) estimated the total among habitats in Colorado, with avian to return at age 1) averaged 8.1 mi (13.0 population of mountain plover to be predation higher at black-tailed prairie km) for males and 6.3 mi (10.2 km) for about 8,000 to 10,000, based on a 1994 dog towns (Dreitz et al. 2010, p. 6). females. Only 4 of 38 banded chicks wintering survey in California and on However, results of the study are returning as adults arrived back at the assumptions regarding proportion of the considered preliminary, and future same black-tailed prairie dog colony wintering population observed (i.e., that work is planned. where they were banded. Knopf and only half of birds wintering in California Few studies have estimated seasonal Wunder (2006) noted a chick that had had been counted and that 1,000 to adult survival rates. Dreitz (2010, dispersed over 30 mi (50 km) in 3,000 birds wintered in Texas and other unpaginated) found 89 percent survival Colorado. areas). We cited this estimate in our

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December 5, 2002, proposed rule (67 FR on our review of recent data, including approximately two-thirds over the 72396). In our September 9, 2003, those from Nebraska (Van der Berg et al. period). However, Knopf and Wunder withdrawal of our proposed listing (68 2010) and New Mexico (see Breeding (2004, p. 1) suggested that the timing of FR 53083), we again cited the Knopf Range below), we estimate that the surveys (which occur mostly in June estimate above and, using similar current rangewide mountain plover when mountain plover are less assumptions and newer California breeding population exceeds 20,000 conspicuous) and the low densities at winter survey data (1998–2002), birds. This was supported by Knopf which mountain plover occur prevent provided a rangewide estimate of 5,000 (2009, pers. comm.). We have no reliable trend estimates. to 11,000 mountain plover. More recent information to indicate that this Based on recent BBS data analysis studies, which estimated populations estimate reflects an actual increase in (Sauer 2010a), the mountain plover has present on specific portions of the rangewide mountain plover numbers declined rangewide at an estimated rate breeding range, have resulted in a over previous, lower estimates. Instead, of 2.6 percent per year for the period higher rangewide estimate of the it likely reflects the limitations of those from 1966 to 2009 (95 percent mountain plover breeding population. earlier rangewide estimates (based on ¥ After investigating Wyoming mountain plover wintering in California confidence interval (CI) 6.7 to +0.6). populations, Plumb et al. (2005b, p. 15) that largely discounted birds wintering However, for the period from 1999 estimated a minimum of 3,393 elsewhere) and more accurate recent through 2009, the estimated rate of decline decreased to 1.1 percent per mountain plover in Wyoming (up from estimates of breeding populations. ¥ previous estimates of 500 to 1,500) and Accurate trend information for year (95 percent CI 5.8, +9.6) (Figure estimated a rangewide total of 11,000 to mountain plover numbers is generally 2). While neither estimate varies 14,000 mountain plover. Based on lacking. Interpreting trends from the two statistically from a stable population (at newer information, including an long standing surveys, the Breeding Bird a 95 percent CI), the probability that the upward revision of estimated mountain Survey (BBS) and the National Audubon estimated long-term trend (1966 through plover numbers on the eastern Colorado Society’s Christmas Bird Count (CBC), 2009) is less than or equal to zero is 95 plains (a conservative estimate of 8,577 suffer from a variety of problems, percent. The probability that the birds), Tipton et al. (2009, p. 497) including the inherent difficulties estimated short-term trend (1999 provided a rangewide estimate of 15,000 associated with using a survey of only through 2009) is less than or equal to to 20,000 mountain plover. Andres and a small portion of a total population to zero is 68 percent. The estimated long- Stone (2009, p. 8) reviewed available infer rangewide trends (Knopf and term decline is consistent with the data and provided a coarse, minimum Wunder 2004, p. 1). generally accepted conclusion that the rangewide estimate of 18,000 breeding The BBS is a large-scale survey of mountain plover’s rangewide mountain plover. Knopf and Dreitz (in North American birds that began in population is currently smaller than it press) concluded that the continental 1966, and is conducted during the was in the 1960s. The more recent (1999 breeding population is ‘‘certainly larger’’ breeding season by observers driving through 2009) estimated decline and than the 17,500 birds estimated in along roads over established routes. associated CI lead us to conclude that Montana, Wyoming, and Colorado, Knopf (1996, p. 12) cited BBS data from most or all of the long-term decrease citing small populations in contiguous 1966 through 1993 as indicative of a took place before 1999, that any recent States, a potentially significant steep decline in mountain plover declines are modest, and that the population in New Mexico, and an numbers across their breeding range (3.7 mountain plover population may be unknown population in Mexico. Based percent per year, a decline of near stable.

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Sauer (2011, pers. comm.) concluded acknowledge that this is the best The vast majority of mountain plover that limited regional data from the BBS available information on trends for this reported in CBCs come from California (i.e., the low numbers of routes species and BBS survey results suggest and, within California, from the South reporting the species and low numbers a recent (1999 through 2009) moderated Salton Sea count. Pandolfino (2009, of mountain plover observed) resulted rate of decline (Figure 2). We provide unpaginated) submitted his analysis of in imprecise trend estimates within long-term and recent BBS trend CBC data for California and recognized individual States and for the time estimates for three States where the the data’s limitations, but concluded periods of interest. He also concluded sample size allowed for analysis (see that the data reflected long-term and that BBS data only provide an imprecise Conservation Status and Local recent declines in mountain plover summary of mountain plover Populations below), but with the same numbers wintering in California. The population dynamics, and the limited reservations regarding precision. CBC data on mountain plover numbers sample size likely reflects the The CBC is an annual count is highly variable from year to year. The limitations of the roadside sampling performed around the end of December Salton Sea South CBC, the only CBC in frame in sampling mountain plover in which volunteers observe birds in 15- the Imperial Valley, is limited in scope breeding populations. mi (24-km) radius count circles. While and does not include portions of the We conclude that, while the BBS is CBCs can be used to infer species valley where most mountain plover the only long-term trend information population trends, spatial coverage is have been seen (Wunder and Knopf available for the mountain plover on its limited (Knopf and Wunder 2004, p. 1) 2003, p. 76). Inherent limitations in data breeding range, it is an imprecise and established count circles commonly collection methods (volunteers indicator of mountain plover population coincide with populated areas where surveying small areas relative to total trends. Given the wide confidence volunteers are available. The CBC data winter range) and lack of sufficient interval and the conclusion by Sauer estimated an annual decrease of 2.8 detections of mountain plover in (2011, pers. comm.) above, the data percent in mountain plover observed California count circles (Hunting et al. provide limited support for any recent from 1966 through 2007, but reliability 2001, p. 40) render trend analysis (1999 through 2009) trend in mountain was described as low (Butcher and uncertain. CBC data from other States plover numbers. Even so, we Niven 2007, Appendix 1). and Mexico is even less representative

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of wintering populations and provides higher rangewide population estimates of a process of deteriorating habitat, no insight into possible trends for the emerged. The U.S. Shorebird exacerbated by other factors such as wet mountain plover. Conservation Plan provided a rangewide spring weather, increased predation, We conclude, based on observations estimate of 9,000 mountain plover until and the relocation of breeding mountain across the mountain plover’s range and 2006, when the estimate was revised plover to better habitats elsewhere BBS trend data, that a historical decline upward to 12,500 (Morrison et al. 2006, (Knopf 2008, p. 61). of the mountain plover has occurred p. 69). Despite the virtual loss of the PNG since the 1960s. However, we agree with All States within the range of the population, over half of all mountain the conclusion of Andres and Stone mountain plover have included the plover are thought to breed in Colorado (2009, p. 3) that precise and accurate species in their Comprehensive Wildlife (Andres and Stone 2009, p. 15). A recent information on recent trends in Conservation Strategy or Wildlife study reported a conservative estimate mountain plover numbers is lacking. Action Plans or both (State Plans) of 8,577 breeding mountain plover in The recent (1999 through 2009) decline (Arizona Game and Fish Department eastern Colorado (95 percent CI 7,511 to estimate from BBS data is modest (1.1 2006; University of California 2005; 35,130) (Tipton et al. 2009, p. 497). A percent per year) and any difference Colorado Division of Wildlife 2006; separate, higher elevation population in from a stable population estimate (slope Wasson et al. 2005; Montana Fish, South Park, Park County, Colorado, was of 0.0) is statistically insignificant. Wildlife and Parks 2005; Schneider et estimated at 2,310 adults (Wunder et al. However, we acknowledge that the BBS al. 2005; New Mexico Department of 2003, p. 661). Surveys through 2006 data is the best available information on Game and Fish 2006; Oklahoma suggested a stable population in South trends for the mountain plover and that Department of Wildlife Conservation Park, with any variation largely BBS results suggest a recent (1999 2005; Texas Parks and Wildlife 2005; attributable to wet years and dry years through 2009) moderated rate of decline Wyoming Game and Fish Department affecting breeding conditions (Wunder (Figure 2). The CBC wintering data are 2005) as either ‘‘Species of concern’’ or 2010a). Small numbers of mountain highly variable and come mostly from ‘‘Species of greatest conservation need.’’ plover also occur in Colorado’s San Luis California, but also suggest a long-term Each State categorizes species under Valley (Hicks-Anderson and decline. No comprehensive trend data these designations based on available VerCauteren 2006, entire). Andres and across the mountain plover’s wintering information about the status, Stone (2009, p. 8) provided population range are available. The discussion distribution, and trend of the species in estimates for the United States, below provides information on their State. They are not regulatory Canadian provinces, and Mexican States populations and trends within States, classifications, but rather are intended based on their review of all available Canada, and Mexico, where available. to guide resource managers in making information. Their estimate of 11,000 mountain plover breeding in Colorado Conservation Status and Local proactive decisions regarding species appears appropriate given information Populations conservation and data collection priorities. The State Plans are not available. The mountain plover is listed as intended to be specific action plans for The BBS data from Colorado, 1966 endangered in Canada, as a sensitive through 2009 (¥0.9 percent decline any species. These designations do not species in Alberta, and as a threatened annually, 95 percent CI (¥7.0 to 3.5)) result in any protection for the species. species in Mexico (Andres and Stone and 1999 through 2009 (0.3 percent However, the mountain plover is 2009, p. 13; Gober 2010). The mountain increase annually, 95 percent CI (¥5.5 identified as threatened in the State of plover is identified by the Service as a to 14.7)) (Sauer 2010a), suggest little Nebraska, the only State where the Bird of Conservation Concern (Service long-term or recent change in breeding species is listed as endangered or 2008), is considered ‘‘highly imperiled’’ numbers in Colorado. Based on these threatened. in the U.S. Shorebird Conservation Plan data, we conclude that the current (2004, p. 2), a category assigned to Breeding Range breeding population in Colorado, which species listed as threatened or Colorado likely supports half or more of all endangered nationally, and all species breeding mountain plover, is relatively with significant population declines and In Eastern Colorado, the shortgrass stable. either low populations or some other prairie ecosystem provides flat, dry high risk factor. It is also identified as breeding habitat for the mountain Wyoming ‘‘G3-vulnerable’’ by NatureServe (2010). plover. The species occupies grasslands Wyoming has the highest estimated The species is listed as a sensitive within prairie dog colonies, grasslands number of breeding mountain plover species by the U.S. Forest Service without prairie dog colonies, and dry outside of Colorado. The mountain (USFS) (2010) and by the Bureau of land agricultural fields (Dreitz et al. plover is locally common and has been Land Management (BLM) (2000a, 2006, 2005, pp. 129–130; Tipton et al. 2009, detected in every county of Wyoming 2010a). It is identified as a species of p. 496). (Smith and Keinath 2004, p. 3). A global conservation concern in the Knopf and Miller (1994, p. 504) noted projected 20.5 million ac (8.3 million American Bird Conservancy and the PNG, Weld County, Colorado, as a ha) of mountain plover habitat exists in National Audubon Watchlist, and it is breeding stronghold for the species, but Wyoming, with 59 percent occurring on listed as ‘‘near threatened’’ by the in the mid-1990s the population fell public lands (Wyoming Natural International Union for the dramatically. The PNG now supports Diversity Database (WYNDD) 2010; Conservation of Nature (IUCN) (BirdLife relatively few breeding mountain Emmerich 2010). International 2010). The designations plover. In 2009, Knopf provided an Nesting of mountain plover in discussed above may, in part, reflect overview of mountain plover studies on Wyoming occurs in both grassland, population estimates at the time those the PNG from 1986 through 2007. He mostly in the eastern part of the State, designations were established. The suggested that mountain plover and desert-shrub (Plumb et al. 2005b, p. IUCN previously (from 2004 to 2007) numbers on the PNG had been in 20). Mountain plover densities were listed the species as ‘‘vulnerable,’’ a decline since the late 1930s and early comparable across habitat types with higher level of concern than ‘‘near 1940s, and that the dramatic decline in overall density only slightly higher in threatened,’’ but changed its rating as the mid-1990s was the abrupt endpoint grassland than in desert-shrub (Plumb et

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al. 2005b, p. 20). Mountain plover Andres and Stone (2009, p. 8) used BBS data from New Mexico (Sauer appear to have less association with the above estimate by Childers and 2010a), 1966 through 2009 (¥5.0 prairie dog habitat in Wyoming than Dinsmore (2008, p. 706) and previous percent decline annually, 95 percent CI elsewhere (Plumb et al. 2005a, p. 226). estimates of about 600 mountain plover (¥8.6 to ¥1.2)) and 1999 through 2009 Little of the mountain plover breeding elsewhere in Montana and provided a (¥4.8 decline annually, 95 percent CI range in Wyoming (approximately 12 Statewide estimate of approximately (¥12.1 to 2.7)), demonstrate a long-term percent) is on cropland Knopf and 1,600 mountain plover. BBS decline and also suggest a short-term Rupert 1999, p. 85). observations of mountain plover on decline in breeding mountain plover Plumb et al. (2005b, pp. 19–20) routes in Montana were insufficient to numbers in New Mexico. New Mexico estimated a minimum population of provide estimates of population trend. is the only State for which the long-term 3,393 mountain plover in Wyoming in BBS trend statistically differs from zero. 2002 and 2003. Andres and Stone (2009, New Mexico p. 8) provide an estimate of 3,400 Most breeding season reports of Nebraska mountain plover breeding in Wyoming. mountain plover in New Mexico have In our December 5, 2002, proposal to This number is based on Plumb et al.’s come from the northeast and western list the mountain plover we estimated estimate and, like that estimate, it counties. Sager (1996, pp. 8–9) found 200 mountain plover in Nebraska (67 FR reflects the minimum number likely 152 presumed breeding adults at 35 72399). Recent studies attempted to present. Given that Plumb et al. (2005b, sites in 11 counties in northern New identify the extent of breeding pp. 19–20) provided a conservative Mexico. Marguilies et al. (2004, p. 3) distribution and population size in estimate, the actual breeding population estimated 200 mountain plover in Nebraska (Bly et al. 2008, entire). Most is likely larger; however, we have no Union County alone throughout the nests were found on agricultural fields basis to provide a more accurate summer and located 46 nests. In a in Kimball County, in extreme estimate. limited effort, they also found 22 southwestern Nebraska, but mountain The BBS data from Wyoming (Sauer mountain plover and six nests on public plover were also found in nearby 2010a), 1966 through 2009 (¥1.2 lands in Taos and Colfax Counties. Cheyenne and Blain Counties. The percent decline annually, 95 percent CI At BLM’s North Unit, Taos County, minimum breeding population was (¥5.7 to 3.3)) and 1999 through 2009 point counts in 2005 through 2007 estimated to be 80 adults in 2007, based (¥2.3 percent decline annually, 95 estimated 176 mountain plover on 8,400 on nests found, and the total estimate of percent CI ¥13.9 to 4.5)), suggest that ac (3,400 ha) of the 50,000-ac (20,000- breeding birds ranged upward to 360 both long-term and recent declines in ha) unit considered to be favorable (Bly et al. 2008, p. 127). Van der Burg breeding mountain plover numbers in mountain plover breeding habitat, based et al. (2010, pp. 50–53) reported on Wyoming may have occurred. on past observation of mountain plover monitoring in the same three counties (Hawks Aloft 2007, pp. 9–11). If the (Kimball, Cheyenne, and Blain) in Montana entire unit was occupied at the same southwestern Nebraska and estimated Primary breeding habitat for mountain density, an estimated 1,000 mountain that mountain plover breeding numbers plover in Montana is in the north- plover might have been present on the of 1,650, 1,617, and 1,558 over 3 years central portion of the State where North Unit. Manderson (2010, pers. of the study (2005, 2006, and 2007, mountain plover are highly dependent comm.) inspected habitat away from respectively). The authors attributed on black-tailed prairie dog colonies for survey routes in 2010, and suggested past low estimates in Nebraska to: habitat. Montana Fish, Wildlife and that, based on habitat quality, 500 or (1) Low detection probabilities; Parks modeled suitable mountain plover more mountain plover could be present (2) clumped spatial distribution of habitat in the State. Mapping indicated on the entire unit. Mountain plover mountain plover, which their estimation that the greatest area of highly suitable numbers seen on the same survey routes methodology corrected for; and (3) habitat occurs in Phillips, Blain, Valley, in 2010 were comparable to those in ‘‘chronic undersampling.’’ Given the and Fergus Counties with patchy earlier (2005 through 2007) surveys above estimates from Van der Burg et al. distribution though the central and (Hawks Aloft 2010, p. 13), suggesting (2010, pp. 50–53), an estimate by southeast portions of the State. The total this population may be stable. Andres and Stone (2009, p. 8) of 500 area of suitable habitat estimated was Goguen (2010, pers. comm.) estimated breeding mountain plover in Nebraska 18.5 million ac (7.5 million ha) a minimum of 40 to 50 breeding appears low. (McDonald 2010). mountain plover on the Vermejo Ranch, Nebraska is the only State that has Childers and Dinsmore (2008, p. 706) Colfax and Taos Counties. Mountain regulatory mechanisms in place to reported an estimate of 1,028 mountain plover were also recently reported conserve the mountain plover and its plover in Phillips and Valley Counties present in El Malpais National habitat, which likely protect relatively in 2004 (95 percent CI (903 to 1,153)). Conservation Area, Cibola County few individuals. The Nebraska Game In 2010, standardized census areas in (Hawks Aloft 2008, entire). and Parks Commission lists the southwest, central, and northeast We found no Statewide breeding mountain plover as a ‘‘threatened’’ Montana produced fewer sightings than surveys or estimates of Statewide species. Listing of endangered and previous surveys (1992–2000, 2004); breeding populations for mountain threatened species identifies those however, McDonald (2010) stated that plover in New Mexico, other than animals and plants whose continued results were negatively influenced by Andres and Stone’s (2009, p. 8) existence in Nebraska is in jeopardy. above average rainfall, increased conservative estimate of 500. Given the Efforts can then be made to restore the vegetation height, and limited private above data from Union County, the species or to prevent extirpation or land access; therefore, results cannot be BLM’s North Unit in Taos County, the extinction. Once a species is listed, a relied upon. Other than apparent Vermejo Ranch in Colfax and Taos State law, titled the Nebraska Nongame confirmation of a previously Counties, and likely mountain plover and Endangered Species Conservation documented decline in the southwest occurrence in several other counties, we Act, automatically prohibits take, census area (FaunaWest Wildlife believe that at least 1,000 and exportation, and possession, and Consultants 2004, pp. 4–5), no trends potentially significantly more mountain imposes severe penalties on violators could be inferred from the 2010 survey. plover breed in New Mexico. (Nebraska Game and Parks Commission

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2011). Proposed projects that would be have been attempted; however, given present in South Dakota, but there are authorized, funded, or carried out by their apparent use of both prairie and no recent breeding records in either Nebraska State agencies are reviewed as cropland, and a substantial population North Dakota or South Dakota (North part of a mandatory consultation in nearby Colorado, the estimate may be Dakota Game and Fish Department process designed to prevent a State appropriate. 2010; South Dakota Game, Fish and action from jeopardizing the existence Parks 2010). Texas of an endangered or threatened species. Canada Recovery plans for endangered or The mountain plover likely breeds in threatened species are developed; these Texas, but there are no confirmed A review of breeding records for recovery plans identify, describe, and reports of breeding since 1993 (Andres Canada (Knapton et al. 2006, p. 33) schedule the actions necessary to restore and Stone 2009, p. 16). Holliday (2010) concluded that the mountain plover is populations of these animals and plants described breeding season sight reports a peripheral species in Canada with no to a more secure status. Given that most of mountain plover from the Texas evidence that it was ever a common or mountain plover in Nebraska occur on Panhandle near known Oklahoma regular breeder. The first breeding private agricultural lands, there are not breeding sites. Holliday (2004) also record was documented in 1979 and the many State projects that are reviewed mapped potential breeding habitat, most recent in 2007 (Knapton et al. under the law. It is generally much of it on private land that has not 2006, pp. 32–33; Holroyd 2010, pers. implemented only 4 or 5 times per year, been surveyed. Andres and Stone (2010) comm.). Most sightings and breeding primarily on transportation, did not provide an estimate of breeding records come from extreme southeastern transmission, and energy development mountain plover in Texas. We believe Alberta, with at least one incidence of projects (Lackey 2011, pers. comm.). that at least minimal numbers of confirmed breeding in Saskatchewan. While this law may provide protection mountain plover breed in Texas. Holroyd (2010, pers. comm.) provided for some individual mountain plover in updated records of sightings through Arizona Nebraska, we believe that it would only 2009, mostly from Alberta. Andres and have minimal positive effects on the The only known mountain plover Stone (2009, p. 8) estimated fewer than entire population in Nebraska, or on the nesting in Arizona is in Apache County 100 mountain plover breeding in rangewide population. in east-central portion of the State, with Canada. We are not aware of any at maximum perhaps a dozen breeding attempts to systematically survey all Oklahoma birds (Gardner 2010, pers. comm.). potential breeding areas in the Canadian Recent studies to determine the Breeding has occurred on grasslands range. However, given the low number breeding distribution and population where cattle were concentrated and at and limited distribution of reported size in Oklahoma detected mountain Gunnison prairie dog (C. gunnisoni) recent sightings (Holroyd 2010, pers. plover in Cimarron and Texas Counties colonies (Corman 2005, pp. 591–591; comm.), we believe that actual breeding in the Oklahoma panhandle, mostly on Gardner 2010). However, hundreds of numbers are fewer than 100. fallow or barren agricultural fields square miles of potential breeding Mexico (McConnell et al. 2009, pp. 30–33). habitat in northern and western Arizona Randomized point counts were used to have never been surveyed, and there are Breeding records of mountain plover derive a Statewide population estimate reports of potential breeding mountain in Mexico have been documented in of 68 to 91 birds (McConnell et al. 2009, plover on Tribal lands in Navajo County southeastern Coahuila and Nuevo Leon, pp. 32–33). Andres and Stone (2009, p. (Corman 2005, pp. 591–591; Gardner following a history of breeding season 8) estimated 200 mountain plover 2010, pers. comm.). Andres and Stone observations in Mexican prairie dog breeding in Oklahoma. Given results of (2009, p. 8) estimated 100 breeding colonies (Desmond and Chavez-Ramirez McConnell et al. (2009, pp. 32–33), we mountain plover in Arizona. This 2002 entire; Gonzalez-Rojas 2006, pp. believe that Andres and Stone’s (2009, estimate acknowledges potential for a 81–84). Nesting is suspected in San Luis p. 8) estimate may be slightly high. The more substantial breeding population Potosi, 130 mi (200 km) south of the range of the mountain plover in than limited observations have above records (Luevano et al. 2010, p. Oklahoma was described as stable over documented. 123). the past 100 years, with the suggestion The extent of mountain plover that populations may have changed Utah breeding in Mexico is largely unknown. little (Hatcher 2010). The mountain plover has been a Andres and Stone (2009, pp. 8, 15) historically rare breeder in shrub-steppe estimated fewer than 300 mountain Kansas habitat in the Uinta Basin of plover breeding in Mexico (fewer than: The Kansas Department of Wildlife northeastern Utah. Manning and White 50 in Chihuahua, 100 in Cohuila, 100 in and Parks (2005) stated that mountain (2001, p. 225) described a small Nuevo Leon, and 50 in San Luis Potosi), plover breed only on dry upland in the breeding population that averaged about but suspect that if there are major shortgrass prairie of western Kansas. 15 adults yearly. Mountain plover concentrations of breeding mountain While conversion to agriculture has left breeding in the area subsequently plover not yet discovered anywhere in little native breeding habitat, Cable and declined, and no birds have been found their range, they are likely in Mexico. Seltman (2010, pp. 50–51) reported during surveys of the area since 2003 The estimate of fewer than 300 birds is mountain plover are an uncommon but (Maxfield 2010, pers. comm.). Andres at best a guess, but is appropriately regular breeding species in western and Stone (2009, p. 8) estimated fewer conservative given the lack of Kansas and that they also use idle than 50 breeding mountain plover in knowledge regarding breeding mountain cropland. Morton County may also serve Utah. Based on no recent records of plover occurrence and distribution in as a staging area for migration in late breeding mountain plover, this estimate Mexico. summer (Cable and Seltman 2010, p. may be optimistic. In summary, we believe that the 51). Andres and Stone (2009, p. 8) rangewide breeding population of estimated 200 breeding mountain plover North Dakota and South Dakota mountain plover likely exceeds 20,000, in Kansas. No comprehensive surveys of The mountain plover once bred in with largest populations in Colorado, breeding mountain plover in Kansas these States, with higher numbers conservatively 11,000; Wyoming,

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conservatively 3,400; Montana 1,600; 27) comment that mountain plover were numbers of mountain plover wintering Nebraska 1,600; New Mexico, at least ‘‘rare and local, exceedingly rare, or in California over previous decades. 1,000 and potentially many more; and accidental’’ within individual counties However, we found little evidence smaller populations elsewhere (Kansas, in the San Joaquin Valley. Wunder and available to establish any trend in more Oklahoma, Texas, Utah, Canada, and Knopf (2003, p. 78) suggested that, as a recent (2000 to present) wintering Mexico). result of habitat loss, many mountain numbers in California. The 4,500 plover had shifted from the Central mountain plover recorded in the Wintering Range Valley to the Imperial Valley. Hunting Imperial Valley survey in 2007 (Kelsey California and Edson (2008, p. 182) considered 2011, pers. comm.) exceeded mountain Mountain plover are found from reports of 200 to 300 birds in the San plover observed in Statewide surveys north-central California to the Mexico Joaquin Valley in winter of 2004–2005, from 1994, and 1998 through 2002 border, mostly from September to mid- 100 to 200 in Madera County in 2005– (Knopf 1996, p. 12; 68 FR 53083). Most March, with peak numbers from 2006, 645 in Tulare County in December recently, a Statewide survey over 5 days December through February (Knopf and 2005, and about 300 in western Kings in January 2011 found 1,235 mountain Wunder 2006; Hunting and Edson 2008, County in January 2006 to be plover (Kelsey 2011, pers. comm.), ‘‘ ’’ p. 181). Mountain plover were exceptional. They also found considerably fewer than found in historically common on the coastal noteworthy a survey total of 381 previous Statewide surveys or recent plain in southern California (coastal mountain plover at the Carrizo Plain in Imperial Valley surveys. However, it is prairie, alkaline flats, agricultural fields) 2006 (Hunting and Edson 2008, p. 182). not apparent how unusually wet However, recent reports from the weather or other factors contributed to before being displaced by human Central Valley also include 645 birds in the relatively low number of mountain development (Hunting and Edson 2008, Madera County in 2006 (McCaski and plover reported in the 2011 survey. p. 182; Wunder and Knopf 2003, p. 78). Garrett 2006, p. 283), 426 in Tulare California experienced heavy rains in Historically, much of the mountain County in 2007 (McCaski and Garrett late 2010. December 2010 was the City plover habitat in the Central Valley 2007, p. 326), 230 in San Joaquin of Los Angeles’ wettest December in 121 grasslands was lost following the County in 2008 (eBird 2010), 230 in years (Southern California Weather decline of grazing elk (Cervus Solano County in 2008 (Central Valley Notes 2010). canadensis), pronghorn antelope, Bird Club 2010), and 223 in Kern While California remains the best burrowing kangaroo rats, ground County in 2010 (eBird 2010). These documented wintering area for the squirrels (Spermophilus spp.), and other reports suggest that significant numbers mountain plover, it may winter less mammals. The combined activities of of mountain plover continue to use than 50 percent of the estimated these herbivores maintained suitable widespread areas of the Central Valley breeding population (Andres and Stone, habitat conditions for mountain plover, annually. Nearby, a recent high count p. 9). Knopf (1996, p. 12) estimated conditions closely resembling habitat for the Carrizo Plain National 7,000 mountain plover wintering in characteristics found on breeding Monument was 540 birds in 2009 California and 1,000 to 3,000 wintering habitats (Knopf and Rupert 1995, p. (Sharum 2010). elsewhere. In our December 5, 2002, 750). Farther south in California, desert In the Imperial Valley, coordinated proposed rule to list the mountain scrub in the Imperial Valley was surveys by 26 observers over 2 days in plover as threatened, we suggested that converted to agriculture beginning in December 1999 sighted 3,758 mountain few mountain plover wintered in Texas, the 1940s, creating important wintering plover (Shuford et al. 2004, p. 7). A Arizona, and Mexico (67 FR 72397). We habitat for the mountain plover. See survey of mountain plover and their use do not know the actual number of Hunting and Edson (2008, p. 181) for of cultivated fields in the Imperial mountain plover wintering in California details of the mountain plover’s Valley of California in 2001 found 4,037 or how the number varies from year to historical range and abundance in birds (Wunder and Knopf 2003, p. 75), year; however, given no recent evidence California. and 3,476 were counted from January 29 that wintering birds in California Mountain plover currently occur in through February 6, 2002, by four number more than the 7,000 estimate the greatest numbers in two general observers, with the largest flock above (Knopf 1996, p. 12), and our areas in California: (1) The western consisting of 410 birds (AMEC Earth current rangewide estimate of at least Central Valley from southern Colusa and Environment 2003, p. 9–10). 20,000 breeding mountain plover, the and Yolo Counties in the north to Kern Mountain plover wintering in the previous contention that California County in the south (especially the Imperial Valley were surveyed in 2003 winters the majority of all mountain western San Joaquin Valley, the name and 2004, in an attempt to develop a plover appears incorrect. The fewer by which the southern Central Valley is statistically reliable estimate of numbers mountain plover that are wintering in known); and (2) the Imperial Valley in (Knopf and Wunder 2004, entire). California, on average or in any given Imperial County (Hunting and Edson Flocking behavior, mobility, and winter, the more important that 2008, p. 182). The Carrizo Plain, weather were among factors found to wintering areas outside California separated from the San Joaquin Valley limit the reliability of Imperial Valley become. Unfortunately, we have little by the Temblor Range, and the Panoche estimates (Knopf and Wunder 2004, pp. information to pinpoint where the Valley are also regularly occupied 9–12). Results of more recent survey majority of mountain plover are wintering areas. estimates in the Imperial Valley include wintering. Populations and trends in the Central more than 4,500 mountain plover seen Valley are difficult to determine due to in January 2007, approximately 3,000 Texas the abundance of potential habitat, flock seen in January 2008, and 827 seen in Holiday (2010), based on an movements, and lack of systematic January 2011 (Kelsey 2011, pers. examination of LandSat (satellite) surveys (Knopf and Rupert 1995, p. 749; comm.). photos, found that winter records of Edson and Hunting 1999, p. 17). In our Hunting et al. (2001 p. 40), Wunder mountain plover in Texas correlated to December 5, 2002, proposal to list the and Knopf (2003, p. 76), and Hunting the distribution of barren fields and mountain plover (67 FR 72396), we and Edson (2008, pp. 181–183) all grazed pastures. He also suggested that included Edson and Hunting’s 1999 (p. suggested a significant decline in the northern limit of the wintering range

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in Texas is related to the average New Mexico trends (Macias-Duarte and Punjabi 2010, number of frost-free days, which While some mountain plover likely pp. 5–6, 16, 17). influences insect availability. Collins winter in southern New Mexico, we Summary of Comments and (2006, pp. 27–31) summarized mountain have no information regarding locations Recommendations plover wintering status in Texas (with or numbers. much of the compiled records and maps We requested written comments from attributable to Holliday). Populations in Mexico the public on the proposed listing of the mountain plover during the June 29, Hondo County and Medina County Mountain plover’s winter distribution 2010, through August 30, 2010, areas were described as potentially the in Mexico has not been well studied, comment period that followed our June largest; Williamson County was but the species is believed to winter 29, 2010, document (75 FR 37353) characterized as a well-known wintering from along the United States-Mexico vacating our September 9, 2003, area, but with populations potentially border south into the border States of withdrawal (68 FR 53083) and small compared to other less known Baja California, Sonora, Chihuahua, reinstating our December 5, 2002, areas. Mountain plover were also Coahuila, Nuevo Leon, and Tamaulipas, present around Wharton, Wharton proposal to list the mountain plover (67 and beyond into Durango, Zacatecas, FR 72396). We contacted appropriate County, and surrounding counties, and and San Luis Potosi (Gonzales-Rojas et the Corpus Christi area was said to Federal, State, and local agencies; al. 2006, p. 81; Knopf and Wuder 2006; scientific organizations; and other potentially hold more mountain plover Macias-Duarte and Punjabi 2010, p. 4). than reports indicate (Collins 2006, p. interested parties, and invited them to While the Mexicali Valley, Baja comment on the proposed rule and 30). Estimates by knowledgeable local California, located just south of the birders of wintering mountain plover in supporting documents. Following an Imperial Valley, seems to have suitable initial draft of our final determination the coastal bend area (Nueces and San wintering habitat (200,000 ac (80,000 Patricio Counties) ranged from 200 up to we contacted 5 peer reviewers and ha) of farmland), mountain plover have 2,000 to 3,000 birds (Cobb 2009, pers. asked them to review selected portions rarely been reported from the area comm.). The higher numbers were of the draft. (Macias-Duarte and Punjabi 2010, p. 3). characterized as speculative because the We received 53 comments in response Two primary concentration areas vast amount of available habitat where to the December 5, 2002, proposed rule within the Chihuahuan Desert are access is generally limited makes it (67 FR 72396) during the June 29, 2010, believed to be most important for difficult to draw any conclusions. to August 30, 2010, comment period. wintering mountain plover: (1) The Andres and Stone (2009, p. 20) provided These included comments from 3 Janos area in northwestern Chihuahua; an estimate of 1,500 mountain plover Federal entities, 10 States, 3 local and (2) the El Tokio grasslands in wintering in Texas, with a note that governments, 28 organizations or groups southern Coahuila, Nuevo Leon, abundance could be much greater. (business, industry, environmental), and northeastern Zacatecas, and northern 8 private parties. WildEarth Guardians Arizona San Luis Potosi (Macias-Duatre and also forwarded us 302 similar comments Approximately 500 mountain plover Punjabi 2010, pp. 3–6). Mountain plover from individuals, and the Colorado are believed to winter in agricultural are most abundant in the La Soledad Farm Bureau forwarded us 8 similar areas of southern and western Arizona, region of the El Tokio grasslands. The comments from individuals. We but numbers could be higher because highest estimated density in Llano de la received no requests for public hearings. private and Tribal lands are largely Soledad (based on data from the winter We also reviewed comments received unsurveyed (Gardner 2010). Wintering of 2005–2006) extrapolated over the area after our February 16, 1999, and numbers in La Paz and Pinal Counties suggests that over 2,000 mountain December 5, 2002, proposals to list the appeared stable; numbers in Cochise plover were present. Extrapolation from mountain plover (64 FR 7587 and 67 FR County have significantly decreased in Llano de la Soledad to all prairie dog 72396, respectively) for relevant issues the last 10 to 15 years due to urban colonies in the entire El Tokio region not addressed in more recent comments. expansion; and Yuma County provided an estimate of 6,800 mountain All substantive comments have either populations were characterized as plover (Macias-Duarte and Punjabi been incorporated into this final increasing, with 150 to 300 birds 2010, p. 6). While this estimate is crude determination or are addressed below. annually (Gardner 2010; Robertson and may be optimistically high, it is not Peer Review 2010, pp. 3–4). Wintering mountain inconsistent with reports of mountain plover are also reported from the plover flocks in the area totaling 1,600 In accordance with our policy Sulphur Springs Valley in Cochise to 3,500 birds reported by Andres and published in the Federal Register on County (Robertson 2010, p. 2). Andres Stone (2009, p. 18). In the winter of July 1, 1994 (59 FR 34270), we solicited and Stone (2009, p. 20) provided an 2005–2006, surveys in Janos estimated expert opinions from five estimate of 200 mountain plover 1,435 birds (Salinas 2006, p. 43). knowledgeable individuals with wintering in Arizona. Given limited The reported sightings and the scientific expertise that included coverage of potential wintering habitat, estimates presented above are familiarity with the mountain plover, we consider the above estimate of 500 maximums reported, and the numbers with other shorebird species, the birds wintering in Arizona the likely can vary greatly from year to year. geographic region and habitats in which minimum. However, these reports suggest that a the mountain plover occurs, and substantial number of mountain plover conservation biology principles. We Nevada may winter in Mexico. Andres and provided reviewers with a partial draft Wintering mountain plover are rarely Stone (2009, p. 20) provided an estimate of this document. We received reported from Nevada, with the most of 5,000 birds wintering in Mexico. responses from all five of the peer recent reports of up to 17 mountain Changes in sampling methodology, reviewers that we contacted. The peer plover coming from the Armagosa annual variability in mountain plover reviewers generally agreed that we Valley near the Nevada-California numbers, and the short duration accurately described the species and its border northwest of Las Vegas (eBird covered by recent systematic surveys habitat requirements; that we provided 2010). prevent any conclusions regarding accurate review and analysis of factors

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affecting the species; that our year of life) and adult mountain plover (8) Comment: One peer reviewer assumptions and definitions of suitable annual survival rates, but the extent to stated that there is insufficient habitat were logical and adequate; that which these studies underestimate information about the distribution and there were few oversights, omissions, or survival rates due to emigration is not status of the mountain plover in Mexico inconsistencies in out draft document; known. to evaluate whether past, present, or and that we used pertinent literature to (4) Comment: One reviewer asserted future loss of prairie dogs and the support our assumptions and that recent literature clearly identified ecosystem they support in Mexico is a conclusions. One reviewer was adult survival as a vital importance to significant threat to the mountain generally critical of the synthesis of productivity and survival of shorebird plover. information regarding threats to populations. Our Response: We agree that mountain plover habitat, especially our Our Response: We agree. In the information on the distribution and assessment of wintering habitat in the limited studies that have estimated status of the mountain plover in Mexico Imperial Valley. One reviewer limited adult survival of mountain plover, adult is limited. Based on the information comments primarily to population mountain plover survival appears available, past loss of prairie dogs trends. The peer reviewers provided relatively high. The suggestion that colonies in Mexico has decreased suggestions to improve this final management efforts to increase available mountain plover habitat and document. Recommended editorial mountain plover populations might best may have had some adverse impact on revisions, clarifications, and other be targeted at increased chick survival the mountain plover. Recent Mexican changes have been incorporated into the (hatching to fledging) result, in part, and international attention to final document as appropriate. We from data showing relatively low and conservation of prairie dogs and respond to all substantive comments highly variable survival of mountain grassland complexes in Mexico below or through changes to the final plover chicks (see Survival, Lifespan, improves prospects for maintaining document. and Site Fidelity above). existing mountain plover wintering (5) Comment: Two reviewers noted habitat (see Factor A below). While Comments From Peer Reviewers that while the mountain plover may future losses of prairie dog colonies in (1) Comment: Three reviewers have a long lifespan compared to many Mexico may occur, we do not believe questioned specific details of our range other shorebirds, some shorebirds do that associated impacts to mountain map. live longer and other bird families, such plover’s habitat present a significant Our Response: Figure 1, depicting the as seabirds, live much longer. threat to the mountain plover over its mountain plover’s range, was developed Our Response: Mountain plover in the wintering range. based on those in Knopf and Wunder wild have been known to live to over 10 (9) Comment: One reviewer stated 2006, and Andres and Stone 2009, with years. We have qualified our description that discussion of habitat loss to land modifications based on our review of of the mountain plover as a ‘‘relatively’’ use modification would be greatly recent information. Our map depicts long-lived species. improved by including specifics of how generalized areas believed to support (6) Comment: One reviewer suggested these losses fall within the precise breeding and wintering mountain that mountain plover fidelity to breeding and wintering habitats of the plover, and does not depict localized breeding sites is more regional than site- mountain plover. Two reviewers areas of presence or absence. We made specific and that differences in habitat contended that the relative threat posed some revisions to our range map based across the mountain plover breeding by agricultural conversion (of on reviewer comments. range may influence site fidelity. grasslands) was difficult to assess unless (2) Comment: One reviewer pointed Our Response: Both may be correct. analyzed at a fine spatial scale. out that while mountain plover are Lack of genetic differentiation found by Our Response: The mountain plover’s attracted to burned areas on their Oyler-McCance et al. (2005, p. 359; breeding and wintering ranges extend breeding ground, there is little evidence 2008, pp. 496–497) suggest that mixing across a large area and encompass a as to whether such burned areas benefit of mountain plover across regions is variety of habitat types. We have breeding mountain plover (for example, also occurring. addressed habitats supporting the through higher nest success or fledging (7) Comment: One reviewer suggested mountain plover, habitat losses, and success) compared to habitats they may that we discuss spatial and temporal threats to mountain plover habitat on a otherwise use. variation in long-term and recent BBS rangewide and regional level, and in Our Response: Reduced vegetative trend data for the mountain plover and some cases on a State or local level as cover resulting from burning appears cited a long-term (1966 through 2009), well. more attractive to mountain plover than negative New Mexico trend as the only (10) Comment: One reviewer offered similar habitat left unburned. However, statistically significant population trend that uncertainties regarding future we agree that studies have not among the rangewide or Statewide BBS agricultural practices on private lands documented the specific relationship of trend estimates we provide. emphasized the importance of managing burning to successful mountain plover Our Response: We have included data for the mountain plover on State and nesting. pertinent to spatial and temporal (by Federal lands. (3) Comment: One reviewer stated State and long-term versus short-term) Our Response: A great degree of that estimates of annual survival should trends in mountain plover populations uncertainty exists regarding future be considered minimum estimates, in this document when available (see agricultural practices on private lands, because studies do not control for Conservation Status and Local but we believe that changes in permanent migration of mountain Populations above). These statistics are agriculture are not likely to significantly plover (i.e., they assume birds not based on fewer data and generally threaten the mountain plover in the accounted for have died rather than appear less reliable than rangewide foreseeable future. Across the range of moved away from the study area). trends. The long-term trend estimate in the mountain plover there are currently Our Response: We agree and have New Mexico is unique among those we many initiatives, on both public and acknowledged this in the text. Studies cite, in that it reflects a statistically private lands, to manage habitat for in Montana have produced the most significant indication of at least some wildlife including the mountain plover, complete information on juvenile (first decline. bird species using similar habitats, and

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prairie dogs (see Factor A discussion currently used by mountain plover. The Public Comments below). The mountain plover has been reviewer concluded that because there Process Issues designated a bird of conservation was ‘‘lack of suitable habitat to move to,’’ concern by the Service (2008) and has this would be detrimental to mountain (16) Comment: One commenter stated special conservation status in many plover. that e-mails, personal communications, and letters that the Service referenced in States (see Conservation Status and Our Response: Human development support of the December 5, 2002, listing Local Populations above and Factor A and changes in agriculture, including proposal (67 FR 72396) do not meet the discussion below). We anticipate and changes brought on by future water best information available standard as support continued emphasis on availability, are likely to impact some of described in Service policy (59 FR mountain plover conservation and the areas currently used by wintering 34271, July 1, 1994). management by our Federal and State mountain plover in California, in partners. Our Response: Our policy, as cited southern Arizona, and elsewhere in above, requires that we evaluate all (11) Comment: One reviewer noted their wintering range. Based on the that, without synthesis of exactly what scientific and other information likely magnitude of such changes and available, which includes both agricultural lands mountain plover the extensive wintering range of the require on their wintering areas and published and unpublished materials, mountain plover, we conclude that loss how those specific fields are threatened in the development of a listing action. of wintering habitat is not likely to be (for example, fallowing of crop fields in We review the information regardless of a significant threat to the mountain California’s Imperial Valley), our origin, and determine whether it is plover in the foreseeable future (see our conclusion that threats impacting only a reliable, is credible, and represents the discussion in Factor A below). small portion of agricultural lands best information available regarding the would not affect mountain plover was (14) Comment: One reviewer species under review. We document our problematic. questioned whether mountain plover evaluation of any information we use in Our Response: In Migration and are impacted by pesticides and making our decision, whether it Wintering Habitat above, we describe herbicides used on sod farms where supports the decision or not. wintering habitats favored by the they are often seen during migration or (17) Comment: Commenters believed mountain plover. In Factor A below we in winter. that our analysis in our February 16, discuss threats that may impact these Our Response: We have found no 1999, and December 5, 2002, proposals habitats, including threats to certain documentation of effects to mountain to list the mountain plover (64 FR 7587 crop types favored by the mountain plover from exposure to pesticides on and 67 FR 72396, respectively) used plover. The level of analysis we provide sod farms. However, in the past, the use ‘‘selective science’’ to defend our is sufficient to evaluate threats to the of diazinon, an organo-phosphate position, while ignoring information mountain plover from changes on pesticide, on sod farms may have contrary to our conclusion. agricultural lands that provide impacted the mountain plover. In 1988, Our Response: We base our wintering habitat and utilizes the best after documented large die-offs of birds determinations on review of all available information we have regarding of other species, the U.S. Environmental pertinent information available. This this topic. Without specific information Protection Agency (EPA) cancelled the final determination is further based on to suggest otherwise, we conclude that registration of diazinon for use on golf substantial new and additional threats would not disproportionately courses and sod farms (EPA 2006, p. information available since our previous impact those particular fields that vii). We have no information regarding actions. presently receive, or in the future would significant harm of any bird species (18) Comment: One commenter stated receive, most use by the mountain since 1988 that is attributable to use of that in the 1999 and 2002 proposals to plover. pesticides on sod farms. list the mountain plover (64 FR 7587 (12) Comment: One reviewer noted and 67 FR 72396, respectively) the (15) Comment: One reviewer that the Imperial Valley, California, an Service did not identify or quantify suggested more discussion on invasive area supporting significant numbers of actual threats, and therefore the Service grasses and their impact on mountain wintering mountain plover, is one of the has not shown that mountain plover plover. fastest growing areas of the United have declined or are at risk. States. Our Response: Invasive plants, Our Response: In this final Our Response: From 1984 to 2008, including nonnative grasses planted as determination, we have evaluated the urban area in the Imperial Valley forage for cattle, are widespread across relative security of the species from increased by 6,000 ac (2,400 ha) (CDC the western United States. Many present and foreseeable threats across its 2010), much of it outside of croplands invasive plants grow to a density or breeding, migratory, and wintering favored by the wintering mountain height that can make habitat unsuitable range. Where available information has plover. About 381,000 ac (154,000 ha) of for mountain plover. While perceived allowed, we have identified and field crops are present in the Imperial by some as a potential threat, the effects quantified actual threats to the Valley (Imperial Irrigation District (IID) of nonnative grasses and invasive plants mountain plover in this evaluation. 2009a). We concluded that population on the mountain plover have not been While threats, especially future threats, growth and urban expansion is having well documented. Within the may be difficult to quantify, we evaluate a modest impact on Imperial Valley ecosystems it inhabits, the mountain threats based on analysis of the best croplands, but does not rise to the level plover is best supported where native or scientific and commercial information of a threat to the species (see Factor A domestic herbivores, fire, dry available. discussion below). conditions, soil conditions, or (19) Comment: One commenter stated (13) Comment: One reviewer stated disturbance create low, sparse that e-mails and faxes should be that, over the wintering range of the vegetation. In general, this is true accepted as comment on the proposed mountain plover, increase in human whether the vegetative community listing. population, associated land use consists only of native vegetation or also Our Response: Our policy requires changes, and reductions in available supports a component of nonnative or submission of written comments water for agriculture would impact areas invasive plants. through the Internet (via the Federal

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eRulemaking Portal at http:// modified. Former rangewide population elsewhere. Because the large flock sizes www.regulations.gov), or by U.S. mail or estimates were based on surveys of observed in California are not regularly hand-delivery, and we believe this mountain plover in California, where encountered elsewhere, mountain provides the means for all interested the vast majority of birds were thought plover numbers may occur at lower parties to provide comments, to winter. Our current rangewide densities in other parts of their information, and recommendations. population estimate is based on wintering range. (20) Comment: Various commenters minimum breeding range population (26) Comment: One commenter stated suggested that there are either more or estimates. However, no estimate that the former estimate of 20,000 fewer reasons for listing the mountain currently exists that provides a precise breeding mountain plover at the PNG in plover now compared to 2003 when our estimate of rangewide numbers. the 1970s may have been off by an order proposed listing was withdrawn (68 FR (23) Comment: One commenter of magnitude. 53083, September 9, 2003). dismissed population estimates as ‘‘just Our Response: While the actual Our Response: Our 2003 decision was a guess.’’ number present in the 1970s is vacated by the Court and is not relevant Our Response: We believe that some unknown, it is well established that to this final determination regarding the structured studies on the breeding range mountain plover populations on the mountain plover. We have based our have produced population estimates PNG have greatly decreased since that determination on the current status of that approximate the actual numbers of time, with relatively few breeding the mountain plover and current and mountain plover that are present. In mountain plover present since the mid- future threats to the species, based on other cases, estimates may be limited to 1990s. the best scientific and commercial the minimum number of individuals (27) Comment: One commenter information available to us at this time. known, or may suggest the likely questioned our estimates of up to 10,000 population size based on limited data. Issues Regarding Range, Numbers, and mountain plover at Kern NWR in While we summarize population Populations Trends California during the 1960s. estimates and seek to understand Our Response: Many mountain plover (21) Comment: One commenter population trends, numbers alone are used Kern NWR in winter during the questioned our emphasis on the PNG in not the basis for listing determinations 1960s, but the 10,000 estimate is by far Colorado and Charles M. Russell under the Act. Listing determinations the largest recorded (Engler 1992). We National Wildlife Refuge (NWR) in are based on whether there are threats believe estimates at Kern NWR Montana in our proposals to list the present or likely to occur that would approximate mountain plover numbers mountain plover, as relatively few result in the species being in danger of mountain plover breed in either site. extinction or likely to become so within attracted to the refuge by favorable Our Response: We agree that neither the foreseeable future. habitat conditions previously present. site currently supports a large (24) Comment: Several commenters (28) Comment: Multiple commenters percentage of the total mountain plover cited increased rangewide population mentioned continued, significant population. Both sites are Federally estimates as a reason why the mountain declines across the breeding and controlled and have supported plover does not merit listing. One wintering range of the mountain plover, mountain plover research and commenter cited the recent status as cited by researchers, as indicative of management efforts. The PNG once change by the IUCN (downlisting from the species’ imperiled status. likely supported the highest density of ‘‘vulnerable’’ to ‘‘nearly threatened’’) as Our Response: Documentation of mountain plover in the species’ evidence of reduced threat to the historical range contraction and breeding range. The dramatic loss of this species. apparent decline in mountain plover sizable population has relevance to the Our Response: While greater populations is reflected in long-term rangewide population trend and may abundance suggests less vulnerability, BBS and CBC trends. Despite more provide insight to current and future we have no basis to suggest that the intensive study in recent years, it is not threats to the mountain plover. Charles increased estimate of mountain plover clear if, or to what extent, any declines M. Russell NWR provides management numbers reflects an actual, rangewide in mountain plover populations opportunities on a Montana site increase. The number of individuals of continue. See our discussion of representative of those where mountain a species present is only one factor Population Size and Trends above. plover is largely dependent on the considered when assessing vulnerability (29) Comment: A few commenters black-tailed prairie dogs to create to extinction. Current and future threats stated that BBS and CBC data and trends desirable habitat conditions. may be of greater significance. regarding mountain plover are (22) Comment: One commenter stated Downlisting by the IUCN was based on unreliable. Others state that these data that breeding habitat on public and revised population estimates alone, and are a reason for concern. private lands in the mountain plover’s not on changed interpretation of threats Our Response: The BBS is the best range has not been adequately surveyed present. available long-term trend information and suggested that additional surveys (25) Comment: One commenter noted for the mountain plover on its breeding will consistently find more mountain that all wintering areas in the United range. It is an imprecise indicator of plover. States and Mexico have not been located mountain plover population trends. Our Response: Knowledge of and opined that further searching is These data appear to confirm a decline mountain plover populations varies likely to yield more wintering sites. over the period 1966 through 2009, but greatly across the breeding range. Our Response: While more results suggest that the rate of any Surveys vary in methodology and scope. information overall has been gathered continued (1999 through 2009) decline In some cases, lack of access to conduct since our 2002 proposal (67 FR 72396, has moderated. The CBC data are more surveys on private lands limits the December 5, 2002), much is still restricted in geographic scope than are accuracy of population estimates. Based unknown regarding wintering habitat. the BBS data, but these data also suggest on information available since 2002, Rangewide breeding population a long-term decline. Few CBC count estimates of mountain plover breeding estimates and wintering estimates from circles regularly report mountain plover, numbers in certain States and California suggest that a substantial and numbers are highly variable, likely throughout the range have been percentage of mountain plover winter reflecting mobility of wintering flocks.

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See our discussion of Population Size Species Vulnerability also breed in a variety of habitats, and Trends above. (33) Comment: One commenter including prairie, semi-desert, and (30) Comment: We received a referenced the mountain plover’s cropland. See our discussion regarding comment that insufficient data are relatively short lifespan as contributing the status and threats to the black-tailed available to predict any trend toward to the vulnerability of populations to prairie dog and potential effect on the extinction. mountain plover in Factor A below. We Our Response: We agree that current extirpation if one or more years of unfavorable habitat on their breeding recently determined that the black- trend data are limited and that the tailed prairie dog does not warrant ability to project future population grounds prevent successful nesting. Our Response: As discussed above in listing under the Act (74 FR 63343, trends is difficult. However, we have December 3, 2009), but it does not our discussion of Population Size and reviewed the best population and trend follow that this would automatically Trends, and under Factor E below, our data available as part of our analysis of lead to a similar conclusion for the former conclusion that the lifespan of the mountain plover’s status. In making mountain plover since the species could mountain plover contributed to its our final listing determination, we not be subject to a variety of threats vulnerability has been refuted based on only looked at population trends, but unrelated to the status of prairie dogs. we have also evaluated the best more recent information. The mountain (36) Comment: We received a available information on current and plover is now considered a relatively comment that the Service in 1999 and future threats to the species. long-lived species, with one individual 2002 underestimated the presence of (31) Comment: One commenter documented living for 10 years prairie dogs and therefore their habitat suggested that population trends at the (Dinsmore 2008, p. 52). We do not and the number of mountain plover that PNG, where the birds have been closely believe that mountain plover lifespan prairie dog colonies supported. studied, are indicative of the overall substantially influences the Our Response: Our current analysis population trend for the mountain vulnerability of mountain plover to includes information developed since plover. extinction. 2002. Under Factor A below, we discuss Our Response: Knopf (2008, p. 61) (34) Comment: One commenter stated current estimates of prairie dog summarized mountain plover studies on that breeding mountain plover abundance and implications of prairie the PNG in Weld County, Colorado, and populations are often discontinuous, in dog numbers to mountain plover. suggested reasons for that population’s part because of habitat fragmentation, (37) Comment: Some commenters former abundance and more recent and stated that local, isolated mountain stated that black-tailed prairie dogs lack decline, including long-term changes in plover populations have an increased protection, are often poisoned or shot, habitat since abandonment of vulnerability to random natural and and are often affected by sylvatic agricultural fields following the ‘‘Dust human-caused events. plague; therefore, prairie dog colonies Bowl’’ of the 1930s. We believe that this Our Response: It is generally true that and the mountain plover they support represents a unique history because small and isolated populations are less remain vulnerable. long-term BBS data (Sauer 2010a) secure than larger populations. While Our Response: We agree that there are suggest a relatively stable population in the mountain plover is a migratory, few protections for the black-tailed Colorado despite the dramatic drop in highly mobile species, it generally prairie dog. However, despite the above numbers on the PNG. In 2008, Knopf returns to the same breeding sites, factors, the black-tailed prairie dog has expressed the opinion that similar which isolates local populations to a increased in number throughout all numbers of mountain plover were degree. Small mountain plover States in its range in the United States breeding in Weld County as in 1990, populations are vulnerable to ‘‘blinking since the 1960s. In the United States, we just not on the PNG (Knopf 2008, p. 54). out’’ if events destroy or degrade habitat. do not foresee any significant decreases We have no scientific information that This vulnerability may be offset by the in black-tailed prairie dog populations would point to the precipitous decline species’ ability to colonize new habitat or the habitats they create. On December in mountain plover historically at the as it becomes available. Recent studies 3, 2009, the Service published a 12- PNG as indicative of the overall describe mountain plover dispersal from month finding that the black-tailed mountain plover population trend. natal sites or former breeding sites, and prairie dog is not threatened with (32) Comment: One commenter suggest that the mountain plover has extinction and is not likely to become so suggested that mountain plover been able to disperse and exploit habitat in the foreseeable future (74 FR 63343). numbers are dynamic, and that their nearby if former habitat is destroyed. In Mexico, both the black-tailed prairie current abundance is within the range of dog and the Mexican prairie dog Prairie Dog Issues normal fluctuation due to annual continue to be reduced in number and variation in weather patterns. (35) Comment: We received numerous distribution, and this likely impacts Our Response: Breeding numbers and comments regarding mountain plover mountain plover habitat. See our nest success can vary locally based on and prairie dogs. They included discussion under Factor A below. a number of factors including weather. comments regarding the mountain (38) Comment: Other commenters However, the historical reduction in plover’s dependence on prairie dogs, cited conservation efforts that target rangewide mountain plover numbers and the distribution, abundance, and prairie dogs, as well as efforts to seems well substantiated. Interpretation trends in prairie dog populations. One conserve greater sage-grouse of recent trends is made more difficult commenter contended that if the black- (Centrocercus urophasianus), lesser by short-term variability in population tailed prairie dog does not merit listing, prairie-chicken (Tympanuchus numbers that may reflect annual then the mountain plover does not pallidicinctus), and black-footed ferret weather variation. The effect of all either. (Mustela nigripes), and concluded that factors, natural and human-caused, that Our Response: It is well established these existing efforts make mountain may contribute to the survival of the that in parts of its range, Montana in plover conservation efforts unnecessary. mountain plover is considered in this particular, the mountain plover is Our Response: Efforts to conserve determination, including variation in largely dependent during breeding on these species are in response to declines weather patterns and longer-term the habitat that prairie dogs create and in numbers and threats to their future changes in climate. maintain. Elsewhere, mountain plover existence. While the mountain plover

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will benefit from conservation of prairie or without prairie dogs. Chick survival adversely affect the mountain plover dogs, some other species require appears to be lower on crop fields, but breeding population that is currently habitats unlike those favored by the results of some studies differ, perhaps present. However, based on information mountain plover. To the extent that depending on variables such as annual from Park County, population growth is mountain plover benefit from weather conditions and site-specific much slower than once predicted, and conservation efforts for other species, levels of predation. The influence of the we do not anticipate substantial human these are addressed under Factor A, agricultural landscape on mountain development will occur in the area in below. plover recruitment has not been fully the foreseeable future. See our (39) Comment: One commenter determined. Wintering mountain plover discussion under Factor A below. contended that the presence of prairie favor crop fields at times, but habitat Livestock/Grazing/Range Management dogs was only one of several factors that preference seems to vary greatly by create mountain plover breeding habitat region. Mountain plover use of crop (45) Comment: One commenter stated and that soil type, soil moisture, cattle fields in winter may reflect the loss of that range management has contributed grazing, fire, and incidence of drought preferred native habitats. to the past decline of mountain plover all play a role in supplying suitable (42) Comment: One commenter stated and is a current threat, as practices vary mountain plover breeding habitat. that farming practices on the prairie little from those used previously. Our Response: While the literature on have not changed in 50 years and Our Response: Range management is the mountain plover is replete with the questioned why they could suddenly be often designed to maximize forage and association of mountain plover and a threat. diminish excessive disturbance to grass prairie dog colonies, we agree that other Our Response: Dryland farming and soil. Such management, when factors, singly or in combination, can practices in eastern Colorado and employed, does not benefit the shape mountain plover breeding habitat, adjacent States have remained relatively mountain plover. However, we do not and we have taken this into stable, although market factors may see range management as representing a consideration in this final listing favor one crop over another. current or future threat to the mountain determination. Historically, conversion of prairies to plover, as there is no information to crop fields likely contributed to the suggest that current range management Grassland Conversion and Agricultural decline of mountain plover, especially practices and the habitat conditions Issues in the eastern portion of its range. Farm now present are likely to change (40) Comment: Multiple commenters operations can directly impact nesting, substantially in the future. state that grassland conversion to but the current relationship between (46) Comment: One commenter cited cropland is a significant threat. dryland crop fields and breeding recommendations by Knopf and Our Response: While grassland mountain plover is complex. However, Wunder (2006) to prioritize research conversion contributed to past the best available information indicates regarding varied livestock grazing contraction in the mountain plover’s that current agricultural practices have practices and their effects on mountain range and reduction of the mountain remained largely unchanged in recent plover. plover’s numbers, much of this took years and have not been shown to pose Our Response: Research is ongoing as place on the eastern Great Plains where a threat to the mountain plover (see to how range management affects conversion to crops such as corn and Factor A discussion below). mountain plover and a variety of other soybeans was feasible. The rate of (43) Comment: Several commenters grassland species. We have a basic grassland conversion is now much stated that the Conservation Reserve understanding of how livestock grazing reduced. We do not believe that the Program is beneficial to the mountain can enhance mountain plover habitat current or anticipated future conversion plover, while other commenters thought (Dechant et al. 2003, entire). of grasslands to other uses is a the program was detrimental to the (47) Comment: Commenters cited the significant threat. Dryland agriculture, mountain plover. decline in sheep (Ovis aries) numbers in found in the southern portions of the Our Response: The U.S. Department the mountain plover’s breeding range as mountain plover’s breeding range, of Agriculture (USDA) administers the detrimental to mountain plover. supports significant numbers of Conservation Reserve Program, which Our Response: Sheep grazing helps breeding mountain plover. The extent to allows producers to retire agricultural maintain low vegetation structure which the use of dryland agricultural lands for a 10-year period, thereby favored by the mountain plover. The habitat is beneficial to the mountain benefitting wildlife and other resources. U.S. sheep industry has been in decline plover is largely undetermined. See our Most of these lands are planted with since the 1940s. Past declines in sheep discussion under Factor A below. nonnative grasses that support other may have contributed to losses in (41) Comment: One commenter wildlife species but often do not create mountain plover breeding habitat. The contended that current farming mountain plover habitat. The program future of the sheep industry in the practices benefit breeding mountain likely has little effect on overall United States is difficult to predict. See plover, that mountain plover are an mountain plover habitat because a our discussion under Factor A below. adaptable species that have shifted from relatively small portion of agricultural (48) Comment: One commenter stated grasslands to cultivated lands on both fields are retired at any one time and that cattle do not replace the role of their breeding and wintering areas, and retired lands provide minimal benefit to bison in the ecosystem, and that the role that cultivated lands are now the most mountain plover. of cattle grazing as it relates to insect important habitat for the mountain (44) Comment: Commenters expressed availability has not been adequately plover. Other commenters raised the concern that anticipated human evaluated. question of whether the choice to nest population growth in South Park, Park Our Response: The historical loss of in cropland is detrimental to mountain County, Colorado, and the bison resulted in a number of changes plover. fragmentation of existing habitat there, to the prairie ecosystem. Current Our Response: Research findings from will impact a significant mountain mountain plover numbers and Colorado present a complex picture. plover population. distribution, and our evaluation of Hatching success on some croplands is Our Response: We agree that buildout threats to the species, are based on an similar to that found on grasslands with of private lands in South Park would ecosystem largely devoid of bison.

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Insect numbers and availability to reduce potential for any associated below). These agencies address mountain plover under various grazing adverse impacts on the mountain potential impacts to the species when regimes may be worthy of investigation. plover, there is uncertainty as to reviewing energy development. whether such measures will persist into However, we will continue to work with Mineral Extraction/Energy Development the future. Designated greater sage- these and other Federal agencies, States, (49) Comment: We received many grouse Core Breeding Areas are broad and other partners to monitor the status comments on the threat to the mountain and encompass habitats that support of the mountain plover. plover posed by oil and gas field mountain plover, but from a habitat Wintering Habitat development, and wind energy perspective, the needs of the two development. Commenters stated that species differ. Measures to manage for (56) Comment: We received many effects of energy development on the the greater sage-grouse may not benefit comments on actual or potential loss of mountain plover are largely unknown the mountain plover. wintering habitat in California and how and that the mountain plover’s response (53) Comment: One commenter this could affect rangewide populations to oil, gas, and wind energy suggested that the Service should base of mountain plover. Commenters stated development should be investigated. its analysis of the energy development that the historical and ongoing Our Response: We discuss the threats on what is known regarding the conversion of grasslands in California is potential impact of energy development impact of roads, habitat conversion, and a threat to the mountain plover. Some on mountain plover under Factor A fragmentation. Others raised the issue of commenters cited Andres and Stone below. Wells, turbines, roadways, and roads and structures resulting in (2009, p. 1), describing crucial threats related development constitute potential increases in mammalian and avian facing the mountain plover, including threats. While far from definitive, recent predators of mountain plover, which in ‘‘* * * the inability to manage studies suggest mountain plover may be turn could lead to higher mortality of agricultural lands in the Imperial little affected by oil and gas mountain plover chicks and adults. Valley, California, to provide consistent development. Thus far, we have no data Our Response: In general, while some winter habitat, and the loss or on the effect of wind energy other species have been shown to be inadequate management of other known development on wintering mountain adversely impacted by energy wintering areas in California.’’ plover. development, we have little evidence of Our Response: Much of the native (50) Comment: One commenter similar impacts on the mountain plover. grassland that the mountain plover recounted the history of mountain Changes in habitat brought on by energy formerly used for wintering in plover presence at the Antelope Coal development, including the potential California has been lost. While the Mine in Wyoming and suggested that that roads and structures may facilitate mountain plover has shown a mountain plover are tolerant of both increased predation on the mountain preference for native and nonnative ground disturbance and nearby plover, are addressed under Factor A grasslands in California, especially industrial activity. and Factor C below. Some adverse when heavily grazed, the mountain Our Response: We agree that results of impacts are likely, but there may also be plover has successfully switched to monitoring at this site confirm the offsetting benefits resulting from the using crop fields. Additional conversion mountain plover’s preference for open increase in bare ground preferred by the of grasslands to various other lands uses ground created by disturbance and a mountain plover. may increase mountain plover general tolerance of human activity. (54) Comment: One commenter noted dependence on these crop fields. Any While mining activity displaces that the Western Governors Association, resulting adverse effects of this change mountain plover, reclamation following States, and the wind industry have been are largely speculative. mining may restore habitat. addressing concerns regarding Based on a variety of existing and (51) Comment: One commenter construction of wind energy projects on projected trends in land use, the further described new wind energy projects sensitive wildlife areas. reduction of grassland and crop fields under development in southern Texas Our Response: The Service is engaged used by mountain plover for wintering areas where mountain plover winter and with the wind industry and other in California seems likely. However, as thought that the species would be partners on issues regarding a range of of 2007, California supported over 25 affected by the presence of turbines. wildlife including the endangered million ac (10 million ha) of land in Our Response: As stated earlier, thus whooping crane (Grus americana), and farms, including 9.5 million ac (3.8 far, we have no data on the effect of candidates including the greater sage- million ha) of cropland, 5.5 million wind energy development on wintering grouse, lesser prairie chicken, and cattle, and 600,000 sheep (USDA 2010). mountain plover. The response of Sprague’s pipit (Anthus spragueii), as The mountain plover is a highly mobile mountain plover to turbines on their well as the mountain plover. We species that uses habitat breeding areas (which indicates some anticipate that current emphasis on opportunistically in winter. The degree of tolerance) may not provide renewable energy projects will be mountain plover’s preference for certain insight into how flocks respond in accompanied by cooperative initiatives agricultural lands above others is well winter. to minimize impacts to species of documented. However, the pervasive (52) Comment: One commenter noted concern. expanse of agriculture throughout the conservation efforts to limit energy (55) Comment: One commenter was Central Valley and Imperial Valley development on State-designated greater concerned that mountain plover suggests to us that, while current and sage-grouse Core Breeding Areas in populations could decrease significantly foreseeable future changes may reduce Wyoming, which include 36 percent of while studies on impacts from energy favored wintering habitat, the quantity likely mountain plover breeding habitat development were ongoing and that and variety of agricultural habitat in the State. The commenter suggested precautionary measures should be remaining in California will continue to that this will provide a significant enacted to preclude potential impacts. provide sufficient wintering areas for measure of protection for the mountain Our Response: The USFS and BLM the mountain plover. plover. have designated the mountain plover a (57) Comment: One commenter noted Our Response: While limitations on sensitive species within portions of the that in the Imperial Valley, an important energy development in these areas may range (see discussion under Factor D wintering area for mountain plover, the

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area of bermudagrass and alfalfa (crops variation. Anticipated changes in contribute to continued cooperation favored by the mountain plover) has climate will alter annual norms of efforts with private landowners. Were declined. temperature and precipitation, but those we to determine that the mountain Our Response: Both bermudagrass changes will likely vary across the plover met the definition of a threatened and alfalfa show recent declines in area mountain plover’s breeding and species, we would consider developing from 2005 to 2009 (Imperial Irrigation wintering range (see discussion under a special rule under section 4(d) of the District (IID) 2010). While area devoted Factor E below). Overall, we believe it Act. However, because we determined to all hay (including bermudagrass and is speculative to conclude that these that the species does not warrant listing, alfalfa) in the Imperial County varies effects will be beneficial to the the consideration of a special 4(d) rule yearly, 233,000 ac (90,000 ha) were mountain plover. is not necessary. present in both the 1997 and the 2007 Conservation Efforts and Effects of Summary of Information Pertaining to (USDA Census of Agriculture (USDA) Listing Five Factors 2010). We do not have evidence indicating the likelihood of long-term (61) Comment: Several commenters Section 4 of the Act (16 U.S.C. 1533) future declines in acreage devoted to noted that conservation partnerships and implementing regulations (50 CFR these two crops. between State agencies, landowners, 424) set forth procedures for adding (58) Comment: One commenter noted and conservation groups have promoted species to the Federal Lists of that the wintering range of the mountain conservation of mountain plover and Endangered and Threatened Wildlife plover in Texas is not well described that listing would negate some gains in and Plants. Under section 4(a)(1) of the and that the species’ occurrence in cooperation. Act, a species may be determined to be Texas is variable. There was concern Our Response: We agree that endangered or threatened based on any that habitat needs were not understood partnerships are important to the of the following five factors: and that Texas populations were not conservation of the mountain plover, (A) The present or threatened receiving the attention they merited. especially in those States where destruction, modification, or Our Response: We agree that mountain plover occur mostly on curtailment of its habitat or range; knowledge of mountain plover private lands. The concern that such (B) Overutilization for commercial, wintering in Texas has been scant (as partnerships could be affected by listing recreational, scientific, or educational described in Conservation Status and is legitimate, but is not a factor purposes; Local Populations above). Distribution evaluated when determining whether a (C) Disease or predation; is largely limited to private lands where species warrants listing under the Act. (D) The inadequacy of existing land use has varied little and where few (62) Comment: One commenter regulatory mechanisms; or threats are known. New efforts to survey suggested that traditional land uses on (E) Other natural or manmade factors abundance and habitat use of mountain private land would continue even if affecting its continued existence. The February 16, 1999 (64 FR 7587), plover in Texas are currently under listing occurred. Another commenter proposed listing rule provided a way. suggested listing under the Act would decrease the ability to effectively description of threats affecting the Pesticides manage habitat, slowing management mountain plover under the five listing (59) Comment: Some commenters response to changing science and factors identified in section 4(a)(1) of expressed concern that use of pesticides conditions on the ground. A third the Act. The December 5, 2002, proposal to control grasshoppers (family commenter suggested listing would (67 FR 72396), which was described as Acrididae) and the Mormon cricket provide impetus for needed research. a ‘‘supplemental proposal,’’ provided (Anabrus simplex) reduces foods that Our Response: We agree that listing pertinent new information. Both of the sustain breeding mountain plover, under the Act could lead to multiple proposed rules concluded that the especially chicks, in the mountain outcomes, including those above. We mountain plover was likely to become plover’s breeding range. considered all available scientific and an endangered species in the foreseeable Our Response: Efforts to control commercial information in making our future unless measures were taken to grasshoppers and Mormon crickets are determination as to whether the reverse its decline. Conservation generally limited to suppressing mountain plover is currently, or may in measures to reverse the decline were populations in years and in areas where the foreseeable future become, in danger discussed in both of the proposals. infestations occur, and have the goal of of extinction. In our February 16, 1999, proposed reducing densities to limit economic (63) Comment: Several commenters rule to list the species (64 FR 7587) and impacts. While at times local mountain emphasized the importance of our December 5, 2002, proposed rule to plover populations could be affected by developing a special rule under section list the species (67 FR 72396) we these activities, we do not believe that 4(d) of the Act to exempt certain described a number of potential threats grasshopper and Mormon cricket activities from the take provisions of the to the mountain plover. We cited control represents a significant threat to Act should the mountain plover be historical decline in the black-tailed mountain plover populations. See our listed. prairie dog (98 percent range wide) and further discussion under Factor E Our Response: In our June 29, 2010, its effect on mountain plover habitat. below. document (75 FR 37353) we addressed We described effects of past rangeland the possible development of a special loss to agricultural conversion (30 Climate 4(d) rule if the mountain plover were percent of the Great Plains) and more (60) Comment: Some commenters listed as threatened. The intent was to recent conversion at specific mountain suggested that climate change could develop a mechanism by which plover breeding sites. We addressed bring warmer and drier conditions that agricultural practices that might result residential expansion into a mountain may benefit mountain plover breeding. in take, but were believed to have no net plover breeding area in South Park, Our Response: Mountain plover adverse impact on the mountain plover, Colorado, and stated that buildout of breeding numbers and breeding success could continue. Development of such a private lands would be detrimental. We can vary greatly based on a number of rule would allay some concerns hypothesized that cultivated areas used factors, including annual weather associated with listing and would for breeding by mountain plover may

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act as a ‘‘population sink’’ and that this into the value of crop lands to breeding create; loss of native prairie and could impact population viability. We mountain plover. It now appears that rangeland habitats; cropland breeding expressed concern over the rising trend perhaps one quarter of the rangewide habitat as a potential reproductive sink; in oil, gas, and mineral exploration in mountain plover population breeds in oil, gas, and mineral development; wind mountain plover breeding habitat and, crop fields and little evidence has and solar energy development; loss and while we suggested habitat changes surfaced to suggest that is problematic. changes to wintering habitat in might not be detrimental, we cautioned Energy production in mountain plover California; livestock grazing practices; that roads and human disturbance could habitat continues to expand, including and urbanization. We address these impact mountain plover breeding. We increased development of oil and gas, below. and wind energy projects. Studies to cited potential impacts of both historical Threats to Prairie Dogs and Associated date have not documented adverse loss of grasslands and changing Loss of Habitat agricultural practices on mountain impacts of oil and gas development, or plover wintering areas in California. wind energy projects. Effects of such Much of the mountain plover With the Imperial Valley growing in projects on mountain plover merit breeding range described above follows importance to wintering mountain continued study, largely because of their the range of the black-tailed prairie dog plover, we suggested that water potential future scope. In California, on grasslands of the Great Plains from conservation, water transfer projects, land use changes continue in the Canada to Mexico. To a lesser extent, burning restrictions, urbanization, and Imperial Valley and elsewhere. mountain plover also breed within the resulting modification of agricultural However, based on current rangewide ranges of the white-tailed, Gunnison’s, practices in the Imperial Valley could be mountain plover population estimates and Mexican prairie dogs. Mountain detrimental to mountain plover (over 20,000 breeding birds) we now plover often nest in black-tailed prairie populations. In our 1999 and 2002 believe that the majority of mountain dog colonies at densities greater than in proposals we also expressed concerns plover winter in areas other than other habitats (Childers and Dinsmore regarding the mountain plover’s average California. We conclude that even with 2008, p. 707; Tipton et al. 2009, p. 496), life span and breeding site fidelity as reduction of California wintering and mountain plover numbers have factors potentially impacting persistence habitat, sufficient area of wintering been shown to track changes in prairie of local breeding populations. We habitat will remain, in California and dog abundance brought on by sylvatic described a short average life span as elsewhere, to support current plague (Dinsmore et al. 2005, pp. 1550– 1551; Augustine et al. 2008, limiting opportunities for mountain populations. Life span, site fidelity, and unpaginated; Dinsmore and Smith 2010, plover to reproduce. We also suggested dispersal of both adult and juvenile pp. 42–44). A common recommendation that high site fidelity and the specific mountain plovers have been further regarding conservation of the mountain breeding habitat that mountain plover investigated. Contrary to our previous plover is to assure the maintenance or required limited opportunities to belief, the mountain plover is now expansion of black-tailed prairie dog disperse to new breeding sites should considered a relatively long-lived populations and the landscapes they former breeding areas turn inhospitable. species. Results of genetic research create (Dinsmore et al. 2005, p. 1552; We addressed concerns over mountain provide evidence that mixing among Augustine et al. 2008; Knopf 2008, p. plover exposure to pesticides; however, mountain plover breeding populations 61; Andres and Stone 2009, p. 35; we documented no deleterious effects. is occurring. Dispersal, especially by returning one year old mountain plover, Dinsmore et al. 2010). Current and In the nine years since our 2002 appears significant. Site fidelity and the future threats to the distribution and proposal, substantial new information mountain plover’s ability to seek out abundance of prairie dogs, especially has been developed regarding the alternative sites for breeding are no the black-tailed prairie dog, may in turn mountain plover and potential threats to longer of concern. While substantially be threats to the mountain plover. its existence. Our December 3, 2009, more information has been developed On December 3, 2009, the Service 12-month finding on a petition to list regarding exposure of mountain plover published a 12-month finding on a the black-tailed prairie dog summarized to pesticides, no evidence of actual petition to list the black-tailed prairie new information on the species and impacts to individuals, or suggestions dog as endangered or threatened under provided a basis for us to assess whether that pesticides are having local or the Act (74 FR 63343). We found listing threats to black-tailed prairie dog may, rangewide impacts to the species have to be not warranted. Here, we rely in turn, affect the mountain plover (74 surfaced. heavily on the analysis and results of FR 63343). We now believe that the The following summary builds on that finding to assess the potential threat black-tailed prairie dog is a resilient scientific and commercial information to the mountain plover from current or species and that, overall, populations in presented in our 1999 and 2002 future loss of breeding habitat in the the mountain plover breeding range are proposals and provides our current United States that is created and not likely to decline. Recent data analysis based on all information maintained by the black-tailed prairie confirms that rangeland conversion to currently available. dog. agriculture remains insignificant across In our December 5, 2002, proposal to the mountain plover’s breeding range. Factor A. The Present or Threatened list the mountain plover we discussed Of the States where we previously Destruction, Modification, or historical reduction of the black-tailed documented rangeland declines, none Curtailment of Habitat or Range prairie dog numbers, but not current have experienced significant decline in Recent summaries of the mountain populations or recent population trends rangeland in recent years. Expanded plover’s status (Dinsmore 2003; Knopf (67 FR 72402). In our 2009 finding human development of mountain plover and Wunder 2006; Andres and Stone regarding the black-tailed prairie dog, breeding habitat in South Park, 2009) have highlighted the loss or we estimated that 2.4 million ac (1 Colorado, did not proceed as previously degradation of mountain plover habitat million ha) of occupied black-tailed anticipated, and is not expected to do so as the greatest threat to the species. The prairie dog habitat exists in a shifting in the foreseeable future. Mountain primary issues that have been raised are mosaic over time, throughout an plover use of cultivated lands has been potential loss of prairie dog populations estimated 283 million ac (115 million further investigated, providing insight and the mountain plover habitat they ha) of suitable habitat. We evaluated

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recent trends in occupied habitat and 365). Current prairie dog distribution is habitat; however, we have no considered occupied habitat an scattered in remnant populations over information regarding the extent of appropriate surrogate for the status of 90 percent of the historical range (Van potential impacts. Nevertheless, prairie the species. Rangewide, we estimated Pelt 2009, p. 20). Currently, 193,862 ac dog occupancy has apparently increased historical occupied area of black-tailed (78,453 ha) of occupied habitat are within oil and gas development areas in prairie dog colonies to be between 80 estimated to occur in Montana Wyoming (Sorensen et al. 2009, pp. 5– million ac and 104 million ac (32 to 42 (Hanauska-Brown 2009). This represents 6). We have no evidence that present or million ha), almost all in the United nearly a seven-fold increase over threatened curtailment of habitat due to States. Occupied area in the United occupied habitat thought to be present oil, gas, coalbed methane, and mineral States had decreased to a low of 364,000 in Montana in 1961. extraction, and wind energy ac (147,000 ha) by 1961 (largely because In Wyoming, the black-tailed prairie development, is a limiting factor for the of eradication efforts), and subsequently dog historically occupied habitat in the black-tailed prairie dog in Wyoming or increased to the 2.4 million ac (1 eastern half of the State, east of the elsewhere throughout its range. million ha) cited above. Throughout the Rocky Mountains (Hall and Kelson Approximately 110 million ac (45 United States, this represents a 600 1959, p. 365). Currently, distribution is million ha) of cropland and 283 million percent increase in estimated black- scattered in remnant populations ac (115 million ha) of rangeland occur tailed prairie dog numbers from 1961. throughout at least 75 percent of the within the black-tailed prairie dog’s See our December 3, 2009, finding (74 historical range (Van Pelt 2009, p. 40). range at present (Ernst 2008, pp. 10–19). FR 63343) for the methods used to A 2006 study estimated the amount of In our December 3, 2009, finding for the arrive at these estimates and cautions occupied habitat to be 229,607 ac black-tailed prairie dog (74 FR 63343), regarding their accuracy. (92,919 ha) (Grenier et al. 2007, p. 125) we contrasted the 2.4 million ac (1 The following evaluation of black- and these results suggested that black- million ha) of currently occupied tailed prairie dog status highlights the tailed prairie dog populations in habitat with the 283 million ac (115 three States, Colorado, Montana, and Wyoming remain stable (Emmerich million ha) of rangeland and concluded Wyoming, which have the greatest 2010, pers. comm.). This represents that sufficient potential habitat still number of breeding mountain plover nearly a five-fold increase over occupied occurs within the range of the species in associated with black-tailed prairie dog habitat thought to be present in the United States to accommodate large colonies. In Colorado, occupied black- Wyoming since in 1961. expansions of prairie dog populations tailed prairie dog habitat historically In the past, the conversion of native (which in turn would benefit the existed in the eastern half of the State, prairie habitat or rangeland to cropland mountain plover) if the landowners and east of the Front Range Mountains (Hall reduced black-tailed prairie dog public sentiment allow. We concluded and Kelson 1959, p. 365). Currently, the colonies, and thereby impacted the that the present or threatened distribution of the black-tailed prairie mountain plover’s most productive destruction, modification, or dog is scattered in remnant populations breeding habitat in the grassland curtailment of habitat or range is not a throughout at least 75 percent of the ecosystem. Conversion of native prairie limiting factor for the black-tailed historical range (Van Pelt 2009, p. 14). to cropland historically progressed prairie dog and that we do not The most recent estimate of occupied across the Great Plains from east to anticipate that impacts from habitat loss habitat is 788,657 ac (319,158 ha) (Odell west. The most intensive farming are likely to negatively impact the status et al. 2008, p. 1311). This is activity remains in the east, in portions of the species in the foreseeable future. approximately one-third of all currently of North Dakota, South Dakota, Because of the association between the occupied black-tailed prairie dog habitat Nebraska, Kansas, Oklahoma, and mountain plover and the black-tailed in the United States, and is an eight-fold Texas, where higher rainfall amounts prairie dog, we believe that appropriate increase over occupied habitat thought and generally better soils result in habitat to support prairie dog colonies is to be present in Colorado in 1961. greater agricultural production, and the not a limiting factor within the breeding The Conservation Plan for Grassland land supports crops such as corn and range of the mountain plover. Species in Colorado (Conservation Plan) soybeans. This land conversion resulted Sylvatic plague is an exotic disease (Colorado Division of Wildlife 2003, p. in the historical reduction in black- foreign to the evolutionary history of 1) has a goal ‘‘to ensure, at a minimum, tailed prairie dog populations; as well as North American prairie dogs. It is the viability of the black-tailed prairie reductions in mountain plover caused by the bacterium Yersinia pestis. dog and associated species (mountain populations in Nebraska, Kansas, Black-tailed prairie dogs are very plover, burrowing owl, swift fox, and Oklahoma, and Texas; it also resulted in sensitive to sylvatic plague, and ferruginous hawk (Buteo regalis)) and the extirpation of the mountain plover mortality in colonies affected frequently provide mechanisms to manage for populations in North Dakota and South reaches 100 percent. Sylvatic plague has populations beyond minimum levels, Dakota. Land with the highest potential expanded its range to all States within where possible, while addressing the for traditional farming uses was the range of the black-tailed prairie dog interests and rights of private converted many years ago. The threat of in recent years and has caused local landowners.’’ The Conservation Plan future destruction of both prairie dog population declines at several sites. includes a species account for mountain and mountain plover habitat through These declines are typically followed by plover, but does not provide any cropland conversion is minimal, much partial or complete recovery. Rangewide regulatory protections for the species or less than in the early days of and Statewide estimates of prairie dog its habitat. agricultural development in the Great occupied area did not include In Montana, where mountain plover Plains (see Loss of Breeding Habitat to unoccupied prairie dog colonies where are strongly associated with prairie dog Land Conversion and Development, sylvatic plague (or poisoning) had at colonies (Childers and Dinsmore 2008, below). least temporarily eliminated prairie p. 701), black-tailed prairie dog The present or threatened alteration of dogs. Over all prairie dog colonies, occupied habitat historically existed in habitat due to oil, gas, coalbed methane, unoccupied area was found to total the eastern two-thirds of the State, with and mineral extraction, and wind 12 percent in Colorado, 15 percent in the exception of the northeastern corner energy development, affects portions of Montana, and 13 percent in Wyoming. of the State (Hall and Kelson 1959, p. black-tailed prairie dog occupied The BLM mapped prairie dog colonies

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in Phillips County, Montana in 2004 own Statewide management plans. complex at Janos has been reduced by and 2005, and returned to 50 randomly Colorado and Wyoming have finalized 73 percent since 1988, to approximately selected prairie dog colonies in 2010. Of grassland conservation plans that 38,000 ac (16,000 ha), while Mexican the 50 colonies selected for sampling, 48 support and meet the objectives of the prairie dog colonies within the El Tokio were still active in 2010 (McDonald Multi-State Plan. However, Montana is region have also been reduced to 2010). In the changing mosaic, colonies among the States that have finalized approximately 79,000 ac (32,000 ha) lost or temporarily inactive may be management plans that do not support (Andres and Stone 2009, p. 28; Ceballos offset by colonies reoccupied or newly or meet all of the objectives of the Multi- et al. 2010, pp, 7–8; Macias-Duarte and established. State Plan. These and other efforts give Punjabi 2010, p. 9–10). Both areas, at We documented in our 12-month promise that the trend of increasing least in some years, support significant finding on a petition to list the black- black-tailed prairie dogs populations numbers of wintering mountain plover tailed prairie dog that, since the early since 1961 can be sustained. (see Conservation Status and Local 1960s, occupied black-tailed prairie dog Climate change will likely affect Populations above). Destruction and habitat has increased in every State, black-tailed prairie dogs and their fragmentation of prairie dog colonies even in those States where sylvatic habitat; however, at this time we have has occurred through poisoning and plague has been present for over 50 no information on the direct shooting of prairie dogs, conversion to years (74 FR 63355–63356). This relationship between climate change cattle ranching or farming, overgrazing, increase has occurred despite continued and black-tailed prairie dog population and drought. Mexico experienced a impacts from sylvatic plague and other trends, and we cannot quantify the prolonged drought in the Janos area in threats. In our 2009 finding, we potential magnitude or extent of impact recent years, which resulted in dramatic concluded that the status of the black- that climate change may have on the loss of vegetation, followed by a tailed prairie dog, as indicated by species. While climate change may reduction in black-tailed prairie dog increased occupied habitat since the potentially impact the species in future occupied habitat (Larson 2008, p. 87). early 1960s, indicates that sylvatic decades, particularly through its effects These losses in prairie dog habitat in plague is not a limiting factor for the on sylvatic plague, it is not apparent Mexico have degraded or eliminated the species (74 FR 63357). that a net loss in occupied habitat will extent of wintering plover habitat in Similarly, the increase in black-tailed result. The current status of the black- these areas. Recent efforts to protect prairie dog numbers in the United States tailed prairie dog does not suggest that prairie dogs and grasslands also benefit has occurred despite conflicting Federal the combined effects of sylvatic plague wintering mountain plover and may and State regulations and policies that and climate change are currently help stop or reverse recent trends. encourage conservation of prairie dogs limiting factors for the species or that Government designation of protected through development of State and they will become so within the areas in Chihuahua and Nuevo Leon, rangewide management plans, yet in foreseeable future, and we do not and efforts by Pronatura Noreste, The many cases continue to allow shooting believe climate change will result in Nature Conservancy, and other and poisoning of prairie dogs. significant population-level impacts to institutions, hold promise (Andres and Nevertheless, affected Federal and State the black-tailed prairie dog. Stone 2009, pp. 33, 40; Macias-Duarte agencies are engaged in black-tailed In summary, we believe that the and Punjabi 2010, p. 10). In 2009, the prairie dog management and monitoring black-tailed prairie dog is a resilient 1.3-million-ac (526,000-ha) Janos to a much greater extent than they were species and that overall United States Biosphere Reserve was established to 10 years ago. populations are not expected to be protect some of the best remaining Efforts to conserve the black-tailed significantly affected by habitat loss due shortgrass prairie in Mexico and thereby prairie dog will likely be beneficial to to conversion to cropland, sylvatic benefit the black-tailed prairie dog. This the mountain plover. Our December 3, plague, shooting, poisoning, or climate conservation initiative is led by 2009, finding for the black-tailed prairie change (74 FR 63364, December 3, Mexico’s National Protected Areas dog (74 FR 63343) described the 1998 2009). Commission and the Chihuahuan State establishment of the Black-tailed Prairie Mountain plover populations in government (The Nature Conservancy Dog Conservation Team, with Montana, and to a lesser extent other 2010). The Llano de la Soledad, which representatives from each State within breeding areas, are dependent on the encompasses the major Mexican prairie the historical range of the species, and prairie dog for breeding habitat. Given dog complexes of the El Tokio area, a the development of ‘‘The Black-tailed our conclusion that habitat created or 26,000-ac (10,500-ha) area, has been Prairie Dog Conservation Assessment enhanced by black-tailed prairie dogs is designated a State Natural Area for and Strategy’’ (Van Pelt 1999, entire), unlikely to decrease, we conclude that Ecological Conservation administered which initiated development of ‘‘A threats to the black-tailed prairie dog in by the Agency of Environmental Multi-State Conservation Plan for the the United States do not represent a Protection and Natural Resources of Black-tailed Prairie Dog, Cynomys threat to the continued existence of the Nuevo Leon. Neotropical migratory bird ludovicianus, in the United States’’ mountain plover. grants from the Service have supported (Multi-State Plan) (Luce 2002). The Potential dependence of both efforts led by Pronatura Noreste to purpose of the Multi-State Plan was to wintering and breeding mountain plover protect and manage key lands through provide adaptive management goals for populations on remaining prairie dog purchase and easement. While past future prairie dog management in the 11 colonies in Mexico is of concern habitat loss for the mountain plover at States within the species’ range. The (Macias-Duarte and Panjabi 2010, pp. Janos and El Tokio has been significant, plan identified 10-year target objectives 9–10). In Mexico, decline of native international attention to these and to including maintaining and increasing grasslands supporting the black-tailed other important grassland complexes in occupied acreage of black-tailed prairie prairie dog and the Federally Mexico improves prospects for future dog habitat, and increasing the number endangered Mexican prairie dog have conservation and maintenance of of large prairie dog complexes. The been extensive, despite some mountain plover wintering habitat. States also agreed to draft Statewide environmental regulations designed to Knowledge of mountain plover management plans for the black-tailed protect prairie dogs and their habitats. breeding on prairie dog colonies in prairie dog. The States approve their The large black-tailed prairie dog Mexico is limited. The primary known

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value of black-tailed and Mexican slower rate. Over the 15-year period be very extensive in the largely rural prairie dog colonies to the mountain from 1982 to 1997, in Montana, areas of the species’ breeding habitat. plover is as wintering habitat; yet use Wyoming, and Colorado, there were no An area that generated past concern in varies greatly from year to year. decreases in the amount of rangeland or our 1999 and 2002 proposals is South Mountain plover use of croplands and pastureland present (USDA 2010). Park, Park County, Colorado, an rangelands present in Mexico for Conversion to cropland may be locally approximately 480,000 ac (200,000 ha) wintering is largely unstudied. For affecting mountain plover in some areas grassland basin where the mountain example, agricultural areas in northern of Montana. Approximately 47,000 ac plover breeding population is estimated Baja California, the coastal plains of (19,000 ha) of native grassland was to be about 2,300 birds. Much of the Sonora and Sinaloa, and throughout the converted to agriculture in Montana mountain plover habitat in South Park northern Chihuahuan Desert States may from 2005 to 2009 (Ducks Unlimited, is privately owned, and 32 percent of potentially support substantial cited in McDonald 2010). Statewide, the this area has been subdivided (Granau wintering populations (Macias-Duarte amount of cropland in Montana and Wunder 2001, pp. 8–9). Substantial and Punjabi 2010, p. 10). The net effect increased by about 3 percent from 1997 build-out of those properties currently of reduction in prairie dog colonies in to 2007 (USDA 2010). In the four subdivided would be detrimental to Mexico to mountain plover is largely Montana counties with the most mountain plover; however, human unknown. However, given that mountain plover habitat (Blain, Fergus, population growth in South Park is mountain plover winter extensively in Phillips, and Valley Counties), cropland modest (Nichols 2010, pers. comm.). cropland habitats in California and increased over the same period by about Many of the subdivisions occurred in Texas, we believe that cropland habitats 6 percent, with most of the increase the 1960s and 1970s, and have not been in Mexico are likely available as attributable to Valley County (USDA developed. Earlier forecasts suggested alternative wintering habitat. There is 2010). However, the cited conversion South Park would have a human no available information to indicate that from 2005 to 2009 represents less than population of 10,000 by 2010, but the the past, current, or potential future loss 0.2 percent of the 30 million ac (12 current human population stands at of black-tailed and Mexican prairie dog million ha) of ‘‘grassland/herbaceous’’ approximately 3,500 (Nichols 2010, colonies and the ecosystems they cover present in Montana in 2001 pers. comm.). Issuance of building support in Mexico is a significant threat (USGS 2001). Cropland is used by permits countywide have decreased to the mountain plover. breeding mountain plover elsewhere, steadily in recent years, from 297 in Despite the ongoing effects of habitat but its potential for use in Montana is 2002 to 70 in 2009 (Carrington 2010, conversion, sylvatic plague, shooting unknown. Conversion of grasslands to pers. comm.). In addition, land and poisoning, and lack of regulatory cropland in Montana may locally protection and conservation efforts by mechanisms that provide protection, impact mountain plover; however, we the BLM, Park County, Colorado Open black-tailed prairie dog habitats have believe this low rate of conversion Lands, and The Nature Conservancy are increased in the United States over the would have negligible rangewide effect. ongoing in South Park. The BLM (2009a, last 50 years (74 FR 63343, December 3, p. 2) amended their Royal Gorge The best information available does 2009). Although there is significant Resource Area Management Plan for the not allow us to estimate the specific concern about the status of black-tailed South Park Subregion in light of new amount of occupied grassland breeding and Mexican prairie dogs and their resource goals, including the protection habitat for mountain plover that has habitats in Mexico, there is no of mountain plover breeding habitat. information available to indicate that been converted to other uses in recent Their Land Tenure Designation Plan for further reductions in prairie dogs in years. However, given the apparent low South Park was modified to keep a Mexico are threatening the mountain rate of grassland conversion in Montana greater portion of the BLM’s plover. At this time, the best available and rangewide, and the mountain approximately 63,000 ac (26,000 ha) of scientific information does not indicate plover’s ability to use grassland that has South Park lands in Federal ownership that the loss of prairie dog habitat is been converted to other uses such as and make less sensitive BLM lands likely to threaten the mountain plover certain agricultural crops including available for exchange to consolidate now or in the foreseeable future. wheat, sorghum, and millet, we believe Federal lands of highest resource value. that grassland conversion does not pose Primary goals of Park County’s Master Loss of Breeding Habitat to Land a substantial threat to the mountain Plan include protection of Conversion and Development plover in Montana, or elsewhere in its environmentally sensitive areas, and As described above, losses of native breeding range, now or in the managing the location and pace of grasslands in the Great Plains have been foreseeable future. residential growth (Park County 2001, p. severe since European settlement. In our 1999 and 2002 proposals to list 13). In addition, Colorado Open Lands Losses of these native grasslands have the mountain plover as a threatened and their partners have preserved been greatest in the eastern Great Plains species (64 FR 7587 and 67 FR 72396, approximately 17,000 ac (7,000 ha) of and have impacted the mountain plover respectively), we also addressed the lands in South Park to minimize mainly from conversion of prairie concern that grassland breeding habitat development in and around significant grasslands to crop fields incompatible may be lost to human development. conservation areas (Colorado Open with mountain plover breeding, Since the mountain plover’s breeding Lands 2011). including those planted to corn and range is extensive, there are The current level of residential soybeans. These losses are likely the undoubtedly instances where human development in South Park is not reason why the mountain plover no development is and will locally displace currently a threat to the mountain longer breeds in the Dakotas, has a the mountain plover. We agree with the plover and, given recent development limited range in Nebraska, and is now conclusion of Andres and Stone (2009, trends and conservation initiatives, we a rare breeder in Kansas (Graul and p. 22) that habitat in the mountain do not consider residential development Webster 1976, p. 266; Knopf and plover breeding range is subject to little in South Park to be a threat in the Wunder 2006). Land conversion to overall threat from residential and foreseeable future. Elsewhere, threats agriculture continues, primarily in the commercial development, because from human development are largely northern Great Plains, but at a much human development is not expected to limited to wintering habitat.

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In summary, we do not believe that suppress vegetation and provide Natural Resources Conservation Service conversion of the mountain plover’s breeding habitat (Knopf and Wunder conservation efforts under the Farm Bill; grassland breeding habitat to cropland, 2006). In years of low precipitation, preservation of grasslands via or to human residential and commercial grazing at relatively low intensity has a conservation easements, including more development, represents a threat to the greater impact on grassland vegetation than 350,000 ac (140,000 ha) in mountain plover now or in the and can produce habitat conditions easements reported by the Colorado foreseeable future. favorable for mountain plover breeding. Cattleman’s Agricultural Land Trust Knopf (2008, entire) provided an Range Management (2010); the Rocky Mountain Bird historical account of mountain plover Observatory’s Prairie Partners; and The Breeding mountain plover in populations on the PNG, Weld County, Nature Conservancy’s ‘‘Prairie Wings’’ grasslands are strongly associated with Colorado, and discussed the future of effort. Many of these initiatives include heavy grazing and soil disturbance mountain plover in the area. He conservation of the mountain plover, (Knopf and Wunder 2006). In the suggested that mountain plover the black-tailed prairie dog, and other absence of prairie dogs, activities such numbers in the area had been in decline species supported by the prairie dog as heavy cattle grazing, the since the post-dust bowl days of the late ecosystem. concentration of cattle at loafing areas 1930s and early 1940s, and that the In summary, the extent to which and at water, and burning of rangeland dramatic decline in the mid-1990s was mountain plover are benefitted by cattle provide habitat for mountain plover. the abrupt end point of a process of grazing on any given site is determined However, typical range management deteriorating mountain plover habitat by the range management practices practices such as fencing, rotational (recovery of grassland habitat), which employed. While some current grazing, decreased stocking rates, and was exacerbated by other factors such as management practices result in habitat planting nonnative grasses to improve wet spring weather and predation conditions that are not optimal for soil moisture promote uniform (Knopf 2008, p. 60). Given current range mountain plover breeding, a large vegetative cover and taller grasses, management practices, Knopf suggested number of mountain plover nest on which are less beneficial to breeding that short-term benefits from prescribed rangeland. We do not anticipate future mountain plover. In addition, human burning and, more significantly, the changes to the current pattern of range efforts to suppress wildfire are generally maintenance of prairie dog colonies management across the breeding range detrimental to mountain plover. were the only viable means to enhance of the mountain plover that would Specific range management options mountain plover habitat on the PNG. for mountain plover are somewhat Sheep grazing can maintain the low prove detrimental to the mountain limited. Cattle grazing provides benefits vegetation structure that is beneficial to plover and its habitat. The extent to to mountain plover, but this is breeding mountain plover. However, the which range management practices especially true when it maintains low current level of sheep grazing does not could benefit the mountain plover in the vegetation and patches of bare ground. maintain significant amounts of future is dependent on conservation of Heavy cattle grazing may not be a mountain plover breeding habitat black-tailed prairie dog colonies and, to financially justifiable option for rangewide. The sheep industry in the a lesser extent, on willingness to employ ranchers and can create conditions United States has been in decline for prescribed burning as a range unfavorable to many other species of more than 60 years and now supports management tool. Grazing by sheep can wildlife. Aside from grazing, specific about one-tenth of the number of sheep create favorable breeding habitat for range management options for mountain present in the 1940s. Decreases in sheep mountain plover. The sheep industry in plover are somewhat limited. Mountain grazing may have been a contributing the western United States has declined plover use burned areas for breeding, factor to loss of favorable grassland over time, but we do not anticipate that and prescribed burning can be used as breeding habitat for the mountain plover future changes in the sheep industry a habitat management tool (Knopf 2008, in the past. The future of the industry will have a net negative impact on p. 61; Andres and Stone 2009, p. 29). is uncertain; continued declines in the existing mountain plover habitat or be a Ongoing USFS burning programs on the industry are likely in some areas, but threat to existing mountain plover PNG and the Comanche National changes in the industry also present habitat in the future. Grasslands in Colorado to attract opportunities for its growth (National Cultivated Areas in the Mountain Plover breeding mountain plover have had Academy of Sciences 2008, p. 4). For Breeding Range Acting as a Potential some success (Augustine 2010a, pers. the foreseeable future, it appears likely Population Sink comm.). However, primary benefits of that sheep grazing will remain a minor burning a site are generally of short rangewide contributor to maintenance Agricultural practices can destroy duration, i.e., 1 or 2 years (Augustine of favorable mountain plover breeding mountain plover nests and eggs from 2010b, pers. comm.). The value of habitat, but that potential for any further mechanical treatment (tilling, planting, burning is dependent on the extent and decline in breeding habitat due to application of fertilizers and pesticides), the frequency of burns. Augustine and additional loss of acreage grazed by and crops growing beyond a certain Malchunas (2009, p. 89) suggested that sheep is minimal. height may cause nest abandonment late winter shortgrass burns may have A number of conservation efforts (Knopf and Rupert 1999, p. 85; neutral or positive consequences for target the conservation of grasslands, Dinsmore 2003, p. 27). In our 1999 and livestock, but burning is not a prairie ecosystems, and prairie birds: 2002 proposals to list the mountain management practice generally The Great Plains Landscape plover as a threatened species (64 FR employed within the mountain plover’s Conservation Cooperative (a public/ 7587 and 67 FR 72396, respectively), we breeding range. private initiative to proactively conserve raised the concern that these activities Even without rangeland management declining habitats on private lands); The could create a reproductive ‘‘sink,’’ or in that specifically benefits the mountain Nature Conservancy’s ecoregional plan other words a situation in which plover, soil type, site history, or drought for the Central Shortgrass Prairie; the mountain plover are drawn to crop may create habitat conditions that are Colorado Division of Wildlife’s fields for nesting but do not produce beneficial to breeding mountain plover. Conservation Plan for Grassland Species viable young at a rate that would sustain Rocky or clay pan substrate may and similar efforts in other States; the population.

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Knopf and Rupert (1999, p. 84) pers. comm.), although loss of contact this habitat to the mountain plover. suggested that breeding mountain with other adult mountain plover However, in studies from eastern plover having the opportunity to nest on suggests that actual chick survival was Colorado, nest success in crop fields either agricultural or prairie areas chose somewhat lower (Blakesley 2010, pers. (Dreitz and Knopf 2007, pp. 684–685) both equally. In the eastern Colorado comm.). Preliminary data from studies and chick survival in crop fields (Dreitz shortgrass prairie ecosystem, mountain of radio-tracked chicks in Montana and 2009, pp. 875–877; Dreitz et al. 2010) plover breeding densities on crop fields Colorado in 2010 (Dreitz et al. 2010) did appear similar to nest success and chick were twice as high as the densities not show chick survival in crop fields survival in native shortgrass without found on grasslands without prairie to be lower than in other habitats. While prairie dogs. We conclude that crop dogs, although only one-fifth as high as results reported by Dreitz (2009, pp. fields support breeding mountain plover the densities found on prairie dog 875–877) above come from the most as well as shortgrass without prairie colonies (Tipton et al. 2009, p. 496). comprehensive study of chick survival dogs, although likely not as well as Based on the area of habitats surveyed in crop fields, other studies indicate that shortgrass with prairie dogs. If the crop and densities of mountain plover mountain plover chick survival rates on fields in eastern Colorado that are estimated, approximately 40 percent of crop fields and among other prairie regularly occupied by breeding mountain plover may use crop fields for habitats vary greatly in time and place. mountain plover are a reproductive nesting in eastern Colorado. Nebraska Shackford et al. (1999, p. 119) sink, their continued occupancy by studies (Van der Burg et al. 2010, pp. 48, suggested that decreasing nest loss from mountain plover is dependent on a net 50) suggested a similar percentage of the mechanical treatment of fields would influx of birds dispersing from other mountain plover in Nebraska utilize benefit mountain plover. Nest marking breeding habitats. We have no evidence crop fields for nesting. The small, efforts that allow farmers to avoid nests to suggest whether or not this is seemingly stable, breeding mountain and reduce nest mortality from occurring. Further, unless mountain plover population in Oklahoma was agricultural operations have been plover prefer and choose crop fields for primarily found in plowed or fallow conducted with cooperating farmers in breeding over available (unoccupied) fields, although again the potential of a Colorado and Nebraska (Dreitz and habitat where reproductive success is reproductive sink was raised Knopf 2007, p. 685; Lock and higher, breeding in crop fields, even if (MacConnell et al. 2009, pp. 31–33). VerCauteren 2008, entire; Bly 2010a). less successful, would not seem Based on estimates of mountain plover The Colorado Division of Wildlife and detrimental. We conclude that, based on using crop fields in Colorado and the Nebraska Game and Parks the information available, the mountain Nebraska, together with known use of Commission, along with the Rocky plover’s use of crop fields for breeding crop fields in Wyoming, Oklahoma, and Mountain Bird Observatory, initiated does not represent a threat to the Kansas, we conclude that up to one nest marking programs. In Nebraska, a species. quarter of all mountain plover may reported 80 percent of 246 nests marked Another concern is the potential that utilize crop fields for breeding. Given in crop fields over 3 years successfully change in current agricultural practices the significance of crop fields to hatched young (Bly 2010a). As a will result in future loss of the types of breeding mountain plover and questions comparison, an experiment using crop fields that currently provide regarding a possible reproductive sink, dummy nests suggested a 35 percent breeding habitat for mountain plover. research is ongoing to better understand success rate was likely in crop fields if Dryland agriculture is the type of nests were not marked (Bly 2010a). agriculture that most frequently the role that crop fields play in support While recent analysis of mountain supports breeding mountain plover, and of breeding mountain plover plover populations suggests that efforts it is dominated by wheat, but also populations (Dreitz et al. 2010). targeting chick survival may hold more includes crops of sorghum, millet, and In Colorado, mountain plover conservation value than those efforts to sunflowers. Annual variation in the use hatching success was found to be enhance nest success, management of dryland agriculture fields is dictated similar in native grasslands and crop techniques to achieve higher chick by a number of factors including fields, although causes of nest mortality survival may be difficult to employ. In weather, government programs, crop differed between the two habitats addition, nest marking programs have prices, and preferences of individual (Dreitz and Knopf 2007, pp. 684–685). helped establish ties between the farmers. It is not known whether any Use of crop fields was not determined agricultural community and wildlife significant future changes to dryland to be detrimental to mountain plover managers (Dreitz and Knopf 2007, pp. agriculture that the mountain plover hatching success. However, a 685–686; VerCauteren 2010). Outreach uses for breeding are likely to occur or subsequent eastern Colorado study efforts to farmers continue, including how they would affect mountain plover found chick survival to be similar on education regarding mountain plover (Andres and Stone 2009, p. 23). crop fields (23 percent) to shortgrass and transition from nest marking to In recent years, ethanol production habitat without prairie dogs (24 landowners’ taking the lead in finding from corn has expanded in the United percent), but lower than chick survival and avoiding mountain plover nests in States; however, most corn is cultivated on shortgrass habitat occupied by black- the course of their field operations. east of the range of the mountain plover tailed prairie dogs (75 percent), and the Community efforts, such as the annual (Westcott 2007, pp. 1–3). Additionally, author again suggested that crop fields Mountain Plover Festival sponsored by the increase in corn production largely may represent a reproductive sink or the Karval Community Alliance in occurs by adjusting crop rotations ‘‘ecological trap’’ (Dreitz 2009, pp. 875– Lincoln County, Colorado, promote between corn and soybeans (Westcott 877). Given the study results, the same stewardship of the mountain plover and 2007, p. 7); neither crop regularly concern could be raised regarding other wildlife as an integral part of both supports mountain plover. We do not shortgrass habitat lacking prairie dogs. farming and ranching practices. anticipate that increased ethanol In contrast to the study above, recent Studies documenting numbers and production will result in a substantial research on crop fields in Nebraska reproductive success of mountain loss in the species’ occupied or found 95 percent survival of chicks of plover breeding on crop fields in eastern potential habitat because the majority of adult mountain plover tracked for 35 Colorado and Nebraska do not entirely this activity lies outside the range of the days (Blakesley and Jorgensen 2010, resolve the issue of the relative value of mountain plover.

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In conclusion, we believe that well per about 1,400 ac (560 ha) in areas 2010c), and may lead to more approximately one quarter of the of high probability of mountain plover widespread use of development rangewide mountain plover population occurrence and one well per 1,080 ac practices that minimize impacts. For breeds in crop fields in Colorado, (430 ha) in areas medium probability of example, directional drilling, where Nebraska, or elsewhere, but there is no occurrence. We believe that this feasible, has the potential to decrease evidence that this represents a represents a relatively low overall habitat impacts. Increased piping, reproductive sink detrimental to the potential impact to mountain plover product storage in central locations, and rangewide population. Dryland habitat. remote sensing of wells may reduce agriculture has changed little over Of 13 million ac (6 million ha) of vehicular traffic and the impact of recent decades, and we have little authorized (both developed and roads. evidence to suggest that crop fields now, undeveloped) BLM oil and gas leases in Despite the prevalence of energy or in the future, represent a significant Wyoming (BLM 2009b), we estimated development activities throughout the threat to the mountain plover. that 52 percent were in areas of high or range of the mountain plover, there is medium probability of mountain plover little evidence as to whether, or to what Energy and Mineral Development occurrence (or about one-third of all extent, the overall effects of energy Development targeting oil and gas, areas of high or medium probability of development are detrimental to coal bed methane, wind energy, and mountain plover occurrence were under mountain plover (Andres and Stone other mineral resources is extensive BLM lease). 2009, p. 25). Although oil and gas field within the breeding range of the Areas in Wyoming of wind classes 4 development modifies and fragments mountain plover. Energy development through 7 (a measure of wind resource nesting, brood rearing, and foraging is a national priority as mandated by potential) account for about 6 million ac habitats, mountain plover continue to Executive Orders 13212 (Actions to (2.4 million ha), or about 30 percent, of use these areas (Smith and Keinath Expedite Energy-Related Projects) (66 those areas of high or medium 2004, p. 36; Carr, in review). For many FR 28357, May 22, 2001) and 13514 probability of mountain plover wildlife species, the principal impact of (Federal Leadership in Environmental, occurrence (National Renewable Energy energy development is fragmentation Energy, and Economic Performance) (74 Laboratory 2002). Since additional rather than habitat loss. Energy FR 52117, October 8, 2009), and the factors determine development development, even when extensive, may Energy Independence and Security Act potential, only a portion of these areas directly impact only a small percentage of 2007 (42 U.S.C. 17001 et seq.). would likely see future wind energy of an area. In a study of the Big Piney- Current permitting and construction of development. LaBarge oil and gas field in the Upper new energy projects on Federal and Future energy development will Green River Valley of Wyoming, where non-Federal lands reflects this priority. depend on whether oil and gas well density averaged about one well The development of energy resources resources are actually present, the per 64 ac (26 ha), 97 percent of the requires construction at well or wind location of wind resources relative to landscape was within 0.25 mile (0.40 turbine sites, as well as access roads, consumers, future demand, economic kilometer) of infrastructure (roads, pipelines, power lines, and other considerations, and environmental pipelines, well pads, waste pits), but support facilities. These projects could regulations. Therefore, it is uncertain to only 4 percent of the area was directly have an immediate effect on breeding what degree energy projects will be impacted by oil and gas infrastructure mountain plover due to disturbance and developed in mountain plover breeding (Morton et al. 2004, pp. 10–11). Carr (in habitat conversion, and secondary habitat in Wyoming, or other portions of review) found that mountain plover effects associated with operation and the range, in the foreseeable future. located nests in relation to habitat maintenance. However, given our evaluation above, available, rather than avoiding locations The magnitude of the issue is best we believe that current and future of energy development. We have no data exemplified by energy development in energy development in mountain plover to suggest that the mountain plover is Wyoming, where the Wyoming Natural habitat may be substantial in Wyoming. impacted by habitat fragmentation, as Diversity Database (WYNDD) (2010) has Existing and proposed oil and gas opposed to habitat loss. used habitat mapping and mountain development and wind energy projects Because the mountain plover plover observation records to map the also occur in mountain plover habitat in generally favors disturbance that probability of mountain plover Montana and the plains of Colorado, as reduces vegetative cover and exposes presence. In Wyoming, WYNDD (2010) well as in other States within the bare ground (e.g., prairie dogs, grazing, predicts a high probability of mountain mountain plover’s breeding, migratory, fire), it may tolerate surface disturbance plover occurrence over about 7 million and wintering range. The cumulative from energy development (Andres and ac (3 million ha) and a medium total of current and future energy Stone 2009, p. 25; Carr, in review). In probability of occurrence over about 14 development elsewhere in the mountain Utah, disturbed areas around oil well million ac (6 million ha). We evaluated plover’s breeding range may not pads reportedly created open habitat overlap between predicted mountain approach that likely to occur in with bare ground suitable for the plover presence and energy Wyoming, but energy development is mountain plover (Day 1994, pp. 298– development (Lindstom 2010). likely to occur within many breeding 299). Manning and White (2001, p. 226) As of February 2010, 5,043 wells, areas used by the species. For example, found all mountain plover nests in Utah approximately 12 percent of operating oil and gas development continues in to be situated near roadways or oil well oil and gas wells in Wyoming (Wyoming Weld County, Colorado, and renewed pads, and saw adults and chicks using Oil and Gas Commission 2010), exploration is occurring on and near the these areas for foraging both day and occurred in areas of high probability of PNG (Philbrook 2010, pers. comm.), night. However, they suggested that mountain plover occurrence, while formerly an important breeding area for while mountain plover tended to choose 13,266 wells, about 32 percent of wells, the mountain plover. nest sites near surface disturbance, the occurred in areas with medium Concerns over impacts of oil and gas overall impact of oil and gas expansion probability of mountain plover development to landscapes and to could be negative (Manning and White occurrence. While wells are clustered in various wildlife species have prompted 2001, p. 226). This small, apparently well fields, this would equate to one environmental review standards (BLM isolated Utah population subsequently

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declined, and no birds have been found land use such as cessation of grazing. Foote Creek Rim documented no during surveys of the area since 2003 Despite these concerns, to date, impacts mountain plover mortalities attributable (Maxfield 2010, pers. comm.). Decline of of oil and gas development at levels to collisions over the 3 years the studies the population occurred subsequent to typically seen in mountain plover were conducted. On breeding grounds, oil and gas development, but no direct breeding habitat have not been shown to mountain plover fly at low heights. In tie was established. Severe drought and decrease mountain plover populations. a common courtship display, a male cessation of sheep grazing that provided Coalbed methane extraction is a flies only to a height of approximately mountain plover breeding habitat may process in which: (1) Wells are drilled 16 to 33 ft (5 to 10 m) (Knopf and have been more significant to the into the coal seam; (2) the seam is Wunder 2006). The lowest point of rotor apparent loss of this local population dewatered; and (3) the methane is then sweep on the Foote Creek Rim site (57 (Maxfield 2010, pers. comm.). extracted from the seam, compressed, ft (17 m)) was above the typical heights Carr (in review) provides the only and piped to market. In Wyoming, some flown by mountain plover during targeted study of mountain plover water from coalbed methane operations courtship and breeding (Young et al. response to oil and gas development. is used for surface or subsurface 2007, p. 18). Research at the Judith Gap The USGS study evaluated the effects of irrigation of agriculture fields and Wind Farm in Montana found no oil and gas development on mountain rangeland. There is concern that plover evidence of mountain plover plover population density and nesting habitat, including prairie dog colonies, displacement or fatalities (MacDonald success in mixed desert shrublands in have been and could be lost to these 2010). However, recently we became Wyoming. Results suggested that the practices, thereby altering or eliminating aware of two mountain plover presence of wells, roads, and associated important mountain plover habitat mortalities from searches of Wyoming infrastructure at densities studied (up to (Rogers 2010, pers. comm.). In the wind energy projects (Sweanor 2010, 8 wells per square mile (3 per square Powder River Basin, about 2,000 ac (800 pers. comm.). Because sources of kilometer)) did not have detectable ha) of such irrigation is occurring and mortality could not be confirmed for negative effects on breeding mountain more than 7,000 ac (3,000 ha) is either carcass, we do not know whether plover (Carr, in review). Carr (in review) permitted (Fischer 2010, pers. comm.). the birds were struck by rotor blades, concluded that energy development at We have no information as to whether collided with towers, or died from other low to moderate levels may be or not mountain plover have been causes. Rotor sweep was 126 ft (41 m) compatible with nesting mountain displaced. While changes in habitat above the ground in both cases, well plover, although the author suggested caused by this irrigation may alter above heights that breeding mountain the need for additional studies of habitat and cause a local impact to plover are thought to regularly fly. At potential effects of energy development mountain plover, we do not believe that Glenrock Rolling Hills, one of the two on chick survival and potential for the relatively small area involved sites reporting a mortality, no mountain impacts at higher well densities. represents a threat to overall mountain plover were observed prior to Tolerance to disturbance from energy plover populations in this region. construction of the wind energy project, development by mountain plover could Like oil and gas development, wind but nesting occurred after construction, result in nesting or foraging in areas energy development presents a range of suggesting that nesting habitat may have where continued human disturbance habitat changes and disturbance factors been created through project and vehicular traffic could pose threats that could affect the mountain plover. In disturbance (Sweanor 2010, pers. to adults and chicks. Carr (in review) addition, there is concern that the comm.). cautioned that human activities at well mountain plover’s use of areas may sites might keep mountain plover from decline during and after construction Wind energy development could their nests, subjecting eggs to possible due to avoidance of wind turbines or present a greater potential issue for post- overheating. In Oklahoma, mountain increased mortality attributable to breeding congregations of mountain plover appeared unaffected by the collisions, primarily with moving rotor plover, because hundreds of birds may presence of roads (MacConnell et al. blades. Lock (2010) highlighted the flock in a single area. However, we have 2009, p. 33). Manning and White (2001, potential for wind energy projects to no information regarding behavior of p. 226) indicated that vehicular traffic displace breeding mountain plover, but post-breeding flocks that could be did not influence incubation or foraging described the potential threat of applied to the potential threat of bird behavior, and, while vehicular mortality from collisions as being of strikes from wind turbines. Little is collisions with mountain plover might ‘‘low certainty.’’ known regarding their potential to strike be a concern, no such mortalities were The most comprehensive study moving blades or stationary structures, noted. Andres and Stone (2009, pp. 26, conducted on potential effects of wind although based on mortality studies, 27) noted that mountain plover are power development on the mountain shorebirds (plovers, sandpipers, and tolerant of vehicles, and while there is plover came from the facility on Foote similar species) do not seem to be at potential that vehicles could kill adult Creek Rim in Carbon County, Wyoming, great risk of colliding with turbines or or juvenile birds, such mortality would where mountain plover were studied communication towers (Kerlinger 2011, not likely have a population-level from 1994 (prior to construction) pers. comm.). Wind energy projects impact. In addition, collisions with through 2007 (Young et al. 2007, entire). have reportedly been constructed and stationary structures such as power The authors suggested that mountain are proposed in South Texas lines have been discounted as not likely plover habituated over time to the agricultural fields that may overlap with a significant cause of mortality (Knopf presence of turbines, as evidenced by areas used by wintering mountain and Wunder 2006; Andres and Stone nesting within 60 feet (ft) (20 meters plover (Cobb 2010, pers. comm.). The 2009, p. 26). (m)) of the base of a tower in one potential for mountain plover Other impacts of energy development instance (Young et al. 2007, p. 18). displacement or collisions in Texas is on the mountain plover and its habitat Wind towers, rotors, and associated unknown. In California, wind energy could occur. These include a potential meteorological towers pose an added development projects tend to be located for increase in predators, increased risk that mountain plover may be struck on mountain ridges where wind speeds opportunity for spread of invasive by blades or fly into stationary are greater and, therefore, are less likely plants, and potential changes in human structures. However, carcass searches at to impact wintering mountain plover.

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One exception is in Antelope Valley, of a 0.25-mi (0.40-km) buffer around Changes in Land Use in Mountain Kern County (California), an area where occupied nests during the nesting Plover Wintering Range mountain plover are known to winter. season, with restrictions on activities to In our December 5, 2002, proposal to Several wind energy projects have been protect nesting plover; and continued list the mountain plover (67 FR 72396), permitted on a mosaic of desert and research and census activities targeting we emphasized the potential impact to agricultural lands. Overall, evidence the mountain plover on BLM- mountain plover populations from available does not suggest that wind administered land in Wyoming (BLM changes to wintering habitat in energy development is likely to displace 2005). A number of best management California, including changes stemming mountain plover from breeding or practices were also provided, to be from human population growth, wintering areas, or cause direct considered on a case-by-case basis, to changes in agriculture, water mortality through collisions to the help protect the mountain plover and availability, and burning restrictions. It extent that it would pose a threat to the expand suitable nesting habitat. While now appears that the proportion of the species. these measures are not binding, and on- rangewide population of mountain Surface mining for coal and other the-ground conservation efforts likely plover that winter in California is far minerals can displace mountain plover vary by BLM field office, a proactive less than previously believed (see within the footprint of the work for the cooperative approach between the BLM Conservation Status and Local duration of the active mining. Whether and the Service in Wyoming has Populations above). However, the or not this would result in permanent heightened recognition of mountain importance of mountain plover displacement is dependent on whether plover conservation on BLM- wintering habitat in California has been and how restoration occurs. We have administered lands and provides a basis a continued topic of investigation and little site-specific data on impacts of for future cooperation to safeguard the surface mining to nearby mountain interest (Kopft and Rupert 1995; species. Hunting et al. 2001; Wunder and Knopf plover. Surveys over 28 years at Cloud Solar energy projects are likely to Peak Energy’s Antelope Mine in 2003; Hunting and Edson 2008). Knopf displace mountain plover when situated and Rupert (1995, p. 750) cited a high Campbell and Converse Counties, in breeding or wintering habitat. Unlike Wyoming, documented mountain overwinter survival rate of mountain oil and gas wells or wind turbines, solar plover in California and their use of plover’s use of the mine permit area and collectors are placed so close together adjacent lands (Green 2010). Mountain agricultural fields, and concluded that that they effectively eliminate the ability long-term population declines were plover numbers declined as mining and of mountain plover to use the habitat. the footprint of surface disturbance likely attributable to processes on their Solar energy development potential is progressed, but in general they showed breeding grounds. Dinsmore et al. greatest in southwestern States and tolerance to mining activities nearby (2010) concluded that adult survival in California and, except for Colorado’s (Green 2010). In 2010, adult mountain winter was high and suggested that San Luis Valley and Northern New plover and chicks were, for the first conservation and management efforts be Mexico, occurs in areas used mostly by time, seen using a reclaimed mine area directed toward chick survival on wintering rather than breeding at the Antelope Mine (Green 2010). breeding grounds and habitat during mountain plover. See Changes in Land Mountain plover can be directly affected migration. In contrast, Hunting and Use in Mountain Plover Wintering by surface mining through temporary or Edson (2008, p. 184) attributed both past Range below for a discussion of solar permanent loss of their habitat. declines and potential future declines in However, we do not believe that surface energy development. rangewide plover populations to loss of mining, currently or in the future, will In summary, potential effects to the traditional wintering sites in California. impact a significant amount of the mountain plover from energy and Andres and Stone (2009, pp. 21, 22) mountain plover’s breeding range or mineral development are largely stated that effects to the mountain represent a threat to the species. uncertain. Ground disturbance from oil plover from changes to wintering habitat The BLM considers the mountain and gas development and wind energy in California’s Central Valley were plover, among other species, when development may, in some cases, unknown, but also expressed concerns evaluating the impacts of energy enhance or create mountain plover regarding maintenance of quality development on the environment. The habitat, but whether the net effect of wintering habitat in the Imperial Valley, BLM, through its Special Status Species such activity is beneficial or detrimental where a majority of mountain plover in program, has developed various has not been determined. The risk of California are now thought to winter. management scenarios for the protection significant mortality through mountain Below we address current trends and of the mountain plover throughout its plover being struck by rotors of wind potential changes to the future extent range. In 2005, the BLM analyzed the turbines appears low. Whether, or to and quality of mountain plover potential effects to the mountain plover what extent, construction of wind wintering habitat in California. from management actions approved in energy projects displaces breeding or Concern continues to center on land Resource Management Plans for the wintering mountain plover has not been use trends, conversion of agricultural various BLM field offices in Wyoming clearly established. Surface mining lands to other uses, and changes in (BLM 2005). At the time, we concluded displaces mountain plover, at least until agriculture (Andres and Stone 2009, pp. that BLM’s proactive conservation an area is restored, and development of 22–24; Hunting and Edson 2008, p. measures should aid in protecting the solar fields likely results in habitat loss. 184). Due to population growth in species from further decline (Kelly Overall, more information regarding California, more rural and agricultural 2007). The conservation measures possible impacts of energy and mineral land is being urbanized. Between 1982 committed to by the BLM included development to mountain plover is and 2007, approximately 8 percent of habitat screening (determining whether needed. However, the information California’s croplands, 11 percent of the habitat might support the mountain currently available does not indicate State’s pasturelands, and 6 percent of plover) and, as appropriate, subsequent that energy and mineral development State’s rangelands were lost (USDA surveys for the possible presence of threatens the mountain plover now or is 2010). However, as of 2007, California mountain plover prior to approval of likely to do so within the foreseeable still supported approximately 9.5 ground-disturbing activities; designation future. million ac (3.8 million ha) of cropland,

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1.1 million ac (0.4 million ha) of plover is primarily in the Central Valley wintering range, but the pattern of pastureland, and 17.5 million ac (7.0 (including the Sacramento and San development will depend on land use million ha) of rangeland (USDA 2010). Joaquin valleys) and the Imperial planning goals, and potential The dynamic, market-driven nature of Valley. The Carrizo Plain in San Luis development of high speed rail (Teitz et agricultural production and changes in Obispo County is also recognized as an al. 2005, pp. 45–67). cultivation practices in California could important wintering site. Other areas In the San Joaquin Valley counties affect the availability and quality of where mountain plover are regularly (Fresno, Kern, Kings, Madera, Merced, wintering habitat for the mountain observed include the Panoche and San Joaquin, Stanislaus, Tulare), plover. Another issue is the dependence Antelope valleys. cropland declined by about 3 percent of California agriculture on irrigation from 1997 to 2007, to about 5.2 million water, some of which is imported from The Central Valley (Sacramento Valley ac (2.1 million ha) (USDA 2010). Crop other areas, and its future availability. and San Joaquin Valley), Carrizo Plain, fields in alfalfa and other hay, favored Future changes in the availability of Panoche Valley, and Antelope Valley by mountain plover, were relatively irrigation water might result from In the Central Valley, human stable and accounted for about one-third competition with other water uses, the population growth over the last 20 years of all cropland in the San Joaquin Valley effects of global climate change (see has resulted in a declining trend in in 2007 (USDA 2010). discussion under Factor E below), and agricultural area, with a smaller, but While relatively little agricultural changes in the characteristics of corresponding, trend of conversion to land is being lost, conversion from agricultural lands as a result of urban uses (California Department of annual agricultural crops to permanent improved or more broadly implemented Conservation (CDC) 2010). The rate of crops that do not provide mountain water conservation techniques. land conversion to urban uses in the plover with habitat is significant within Development of energy projects, Central Valley increased beginning in the San Joaquin Valley. For example, in especially solar energy, in mountain 1990. With the exception of Solano the San Luis Unit of the Central Valley plover wintering habitat is also a County, the human populations of Project (CVP), in Fresno, Kings, and concern in California. California’s Central Valley counties within the Merced Counties, agricultural acreage electric utility companies were required wintering range of the mountain plover has increasingly been converted to by California statute (Chapter 464, all grew faster than the Statewide permanent crops of orchards or Statutes of 2006) to use renewable average between 2000 and 2009 (U.S. vineyards. We estimate the percentage energy to produce 20 percent of their Census Bureau 2010). of land in permanent crops at power by 2010. Governor In the Sacramento Valley, somewhere between 16 percent and 24 Schwarzenegger’s Executive Order of urbanization in Yolo and Solano percent of the San Luis Unit, compared November 2008 (#S–13–08) set a higher, Counties, the two principal counties with 10 percent in 2000. General field more ambitious goal of 33 percent by supporting wintering mountain plover, observations and land value reports 2020 (California Energy Commission has not adversely impacted the (California Society of Farm Managers 2010). On April 12, 2011, Governor Jerry mountain plover to date, because known and Rural Appraisers 2009, pp. 31–64) Brown signed Senate Bill 2X into law, wintering locations are located outside suggest that this is a continuing trend, requiring that 33 percent of the State’s city planning boundaries. However, with new orchards displacing cotton electric generation come from renewable continued population growth beyond and tomato crops in many areas of the sources by 2020 (Los Angeles Times the current planning horizon could Central Valley. In Madera County, some 2011). A main source of renewable potentially threaten individual locations formerly utilized by wintering power will be solar energy. A Statewide wintering localities that are close to mountain plover have been converted list of solar energy projects includes urban areas, particularly those in areas from rangeland to annual crops or to over 400 proposals (Brickley 2011, pers. most proximate to Sacramento. permanent crops such as pistachio trees comm.). Many large solar energy In the San Joaquin Valley, human (Woods 2009, pers. comm.). projects are being proposed on BLM population growth has been Outside of the Central Valley, orchard land, often in desert areas. The BLM, approximately 17 percent over the land in San Luis Obispo County, which along with the Department of Energy period from 1997 through 2010. To date, includes the Carrizo Plain, a known (DOE), is currently in the process of most of the resulting urban growth has mountain plover wintering area, rose developing a Programmatic occurred adjacent to, and in the general from 29,000 ac (12,000 ha) to 54,000 ac Environmental Impact Statement (PEIS) vicinity of, the towns, such as Modesto, (22,000 ha) from 2007 to 2009, to about for solar energy development in six Fresno, and Bakersfield, that developed 18 percent of cropland in the county. southwestern States, including along Highway 99 in the eastern portion Conversion to orchard crops in the California. The document assesses of the San Joaquin Valley (Teitz et al. nearby Maricopa and Cuyama valleys development of a new solar energy 2005, p. 27). These urban areas are near the Carrizo Plain area have resulted program for siting utility-scale solar located to the east and outside of the in loss of wintering mountain plover energy projects on BLM lands. Any mountain plover’s wintering range. To habitat (Sharum 2010). Overall, program adopted will have implications date, urbanization in the western San conversion of annual cropping systems for solar energy project siting in Joaquin Valley is restricted to the to permanent crops is expected to mountain plover wintering habitat. A Interstate 5 corridor, which supports continue and poses an additional, but draft of the PEIS was made available for few mountain plover. Therefore, we unquantified, source of habitat loss for public comment December 17, 2010 (75 expect it to have little effect on the mountain plover. FR 78980). Mountain plover are not wintering mountain plover. Scenarios As a result of the large-scale irrigation specifically addressed in the PEIS, but developed to gauge effects of future efforts in the western San Joaquin potential impacts to wildlife and population growth and urbanization Valley, approximately 1,750,000 ac appropriate mitigation measures are suggest that the San Joaquin Valley will (710,000 ha) of agricultural lands with provided (DOE 2010, pp. 5–73 to 5–96). experience significant urban growth shallow groundwater tables have As described in Conservation Status within the next 35 years; increasing become impaired due to accumulated and Local Populations above, the populations will result in scattered concentrations of naturally occurring California winter range of the mountain urbanization within the plover’s toxic elements, including selenium.

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With the passage of the Central Valley land trusts operate in the Central Valley Water District has slated for land Project Improvement Act (CVPIA) in to protect valley wildlife, farmland, retirement (Woody 2010). We expect 1992, Federal and State acquisition habitat, rivers, and native vegetation that additional proposals for retired programs enabled owners to stop (Great Valley Center 2005, pp. 30–31). farmland are likely due to the general farming, or ‘‘retire’’ their privately The Service does not have information perception that such lands have few owned, drainage-impaired agricultural on the area of specific habitat types that environmental issues. lands as a strategy to reduce drainage have been protected within the range of The Maricopa Sun Solar Complex problems and address selenium the mountain plover or whether these (approximately 9,000 ac (3,600 ha)) is accumulations (Service 1998; USDI efforts have produced substantial proposed for agricultural lands in 2005). Lands targeted for retirement lie benefits to the species. western Kern County near the edge of primarily within the San Luis Unit of In the Sacramento Valley, we have the plover’s winter range. We do not the CVP along the west side of the San found no planned solar energy know whether the mountain plover uses Joaquin Valley where approximately development likely to threaten the the site. Development of the project 379,000 ac (152,000 ha) of agricultural mountain plover’s habitat. However, the includes cancellation of a contract to land have been identified as legislation cited above (Chapter 464, preserve agricultural land. The Draft contributing to poor water quality. Of Statutes of 2006, and Governor Environmental Impact Report identifies these lands, nearly 200,000 ac (80,000 Schwarzenegger’s Executive Order of mountain plover as a potential winter ha) have been proposed for land November 2008 (#S–13–08)) has migrant (Kern County Planning and retirement (USBR 2007), and, to date, initiated a significant increase in the Community Development Department more than 100,000 ac (40,000 ha) of planning for solar development in and 2010, pp. 1, 4.4–8). agricultural land have been retired adjacent to the San Joaquin Valley. Solar In the Carrizo Plain, San Luis Obispo within the San Luis Unit. We have no developments proposed thus far vary County, two solar projects have been estimate of what proportion of this area greatly in size: small projects of 100 to proposed, including the 4,000-ac (1,619- may have supported acceptable 200 ac (40 to 80 ha), to projects of ha) California Valley Solar Ranch wintering habitat for the mountain potentially to 30,000 ac (12,000 ha) in (CVSR) and the 4,500-ac (1,800-ha) plover or the extent to which it was size. The Service does not have specific Topaz Solar Farm. Both facilities would used by the mountain plover. information on mountain plover use of be located approximately 6 miles north A portion of the lands proposed for many of these sites, but we conclude of the Carrizo Plains National retirement are expected to be used for that sites will be unsuitable for Monument, an important natural area drainage reclamation; between 1,280 mountain plover after development. for the plover, on a mixture of natural and 3,300 ac (5,170 and 1,340 ha) of To date, small projects are proposed lands, grazing lands, and cropped lands existing irrigated cropland will be for scattered locations across the (Aspen Environmental Group 2010, pp. converted to treatment facilities and southern San Joaquin Valley, while C3–2–C3–3, C6–4). Suitable foraging evaporation basins, while 12,500 ac large projects have been proposed both and roosting habitat for the mountain (5,100 ha) of either existing or fallowed within the San Joaquin Valley, and in plover occurs on sites under cropland will be converted to reuse the Carrizo Plain and Panoche Valley consideration (Aspen Environmental areas in which crops will be irrigated areas. The solar projects proposed on Group 2010, pp. C6–4–C6–5, C6–11). with selenium-contaminated, the valley floor are typically situated on Mountain plover have been observed on agricultural drainwater in order to active or recently cultivated agricultural the CVSR site but likely occur reduce selenium loads in the lands and several larger projects have sporadically and in low numbers agricultural run-off (Service 2006). been proposed for lands that have been (Boroski 2011, pers. comm.). These areas might threaten some used for livestock grazing. The Panoche Valley, an area of about mountain plover with selenium toxicity, The Service is currently aware of up 12,000 ac (5,000 ha) in San Benito as described below in the discussion to six small solar projects, each County, receives annual use by under Factor E. Numerous retired approximately 200 ac (80 ha) in size, wintering mountain plovers. A solar parcels are characterized by dense which are expected within the project is currently proposed on 3,200 weedy growth (Cypher et al. 2007, p. 28; mountain plover’s general wintering ac (1,300 ha) of potential mountain Service 2006), and are not expected to range in the southern San Joaquin plover wintering habitat, or about one- provide suitable habitat for the plover. Valley. The projects will be constructed third of the potential mountain plover Substantial retired acreage has been by Pacific Gas and Electric, a major habitat present in the Panoche Valley. converted to permanent crops utilizing California utility company. In the San Proposed mitigation would preserve and alternate sources of water. Other retired Joaquin Valley, the solar projects manage other nearby habitat. lands that support grazing or farming proposed on the valley floor are The Antelope Valley, an area of may remain suitable for wintering typically situated on active or recently approximately 900,000 ac (360,000 ha) mountain plover. cultivated agricultural lands and several in Los Angeles and Kern Counties, Due to the historical importance of larger projects have been proposed for supports wintering mountain plover agriculture in the Central Valley, the lands that have been used for livestock annually, with numbers estimated in the valley has the highest percentage of grazing. The Service concludes that sites low 100s using crop fields and privately owned land in the State. Only will be unsuitable for mountain plover grasslands (eBird 2010). How much of 4 percent of Sacramento Valley land and after development. the valley’s area is mountain plover 7 percent of San Joaquin Valley land is Several large proposals are located habitat is unclear. The valley is public open space. In the Central Valley, within the mountain plover’s general primarily privately owned land, and its a variety of conservation and restoration wintering range. A large 32,000-ac proximity to human population centers projects have been implemented to (13,000-ha) park, the Westlands Solar has generated high interest in renewable protect natural resources, although 57 Park, has been proposed for western energy (solar and wind) development percent of such conservation projects Fresno and Kings Counties, with an that could reduce mountain plover report a focus on riparian habitat initial phase of approximately 10,000 ac wintering habitat. enhancement (Great Valley Center 2005, (4,000 ha). It will be constructed on Solar energy projects currently p. 30). Twenty-three local and regional agricultural land that the Westlands planned in the San Joaquin Valley, the

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adjacent Carrizo Plain, and the Panoche declined recently as well but that fallowing, given the extreme contention and Antelope valleys are likely, over numbers fluctuate over time. It is not and difficulty in negotiating the 2003 time, to reduce existing mountain known whether these short-term settlement. If the stay does not remain plover wintering habitat. A variety of declines are indicative of future trends. in place, the IID may halt fallowing, as siting considerations, including The continued success of agricultural it has been strongly opposed to presence of other wildlife species of habitats used by the mountain plover in fallowing as a conservation measure (IID concern, and potential mitigation the Imperial Valley depends on a 2010c, p. 1). If the fallowing program requirements, will dictate the extent to reliable water supply. The Imperial remains in place, it could continue as an which mountain plover are affected. Valley depends on Colorado River water immediate, but relatively insignificant, The Sacramento Valley and Imperial to irrigate its crops, but there has been threat to mountain plover habitat, as it Valley lands used by the mountain increasing pressure for more water to be would only affect a small portion of plover are less likely to be developed for diverted to urban areas. In 2003, the agricultural fields, with no definitive solar projects. We know of no solar State of California and water agencies data indicating if (or how much) projects are currently planned for across the State signed the fallowing will occur on those croplands agricultural lands known to support Quantification Settlement Agreement that mountain plover frequent. mountain plover in the Imperial Valley, (QSA) to dictate distribution of water The yield from alfalfa crops is related discussed below. from the Colorado River. The settlement to the amount of irrigation the land As future solar projects are proposed allocated 370,000 acre-feet (ac-ft) (456 receives (Hanson et al. 2007, p. 1). and implemented, we conclude that million cubic meters (cu-m)) of water to Alfalfa could thus be more significantly they will cause some continued loss of urban areas in Southern California and impacted by water use restrictions. In mountain plover wintering habitat in Tribal areas (IID 2010a, p. 2). Most of California, revenue for alfalfa is California. While cumulative impacts of the 370,000 ac-ft (456 million cu-m) will expected to decrease slightly by 2050, these projects, and other factors such as come from improvements in on-farm decreasing 11 percent Statewide (Howitt urbanization and changes in agriculture, water efficiency and improved irrigation et al. 2008, p. 11). These statistics take are likely to reduce the total area of technology (IID 2010a, p. 2; Delfino water use into consideration (California wintering habitat available, substantial 2006, p. 161). Department of Finance 2007, p. 5). In acreage of appropriate wintering habitat Under the QSA, Imperial County must contrast, Bermudagrass is drought- will persist in the Central Valley, also fallow agricultural land, some of tolerant, and one study showed little Carrizo Plain, Panoche Valley, and which will be transferred to the San decrease in crop yield under drought Antelope Valley. Diego Water Authority, and some of conditions (Kneebone 1966, p. 96; which will go to mitigation to restore George et al. 1992, pp. 23–24). The Imperial Valley the Salton Sea (IID 2010a, p. 1). The area Yield and acreage of bermudagrass As of 2009, about 381,000 ac (154,000 of land fallowed depends on the could be affected by restrictions on ha) of field crops existed in the Imperial intensity of water use, not farm size (IID burning in the Imperial Valley due to Valley (Imperial Irrigation District (IID) 2010b, p. 1). Fallowing will be pollution concerns. To comply with 2009a). The Imperial County has conducted on a sliding scale. The California’s air pollution restrictions witnessed a decline in annual area used program began in 2003 with lands (California Code of Regulations 2001, for agricultural purposes from 1984 fallowed that had been irrigated by pp. 80100–80170), the Imperial County through 2008 of about 21,000 ac (8,000 under 10,000 ac-ft (1.2 million cu-m) of Air Pollution Control District (ICAPCD) ha) or 4 percent (CDC 2010), while the water, and peaked in 2010 to lands has set forth rules and regulations county saw an increase in area used for fallowed that had been irrigated by over (ICAPCD 2010b, pp. 701.1–702.1) urban areas in the same period of about 80,000 ac-ft (9.9 million cu-m) of water. governing implementation of a smoke 6,000 ac (2,400 ha) or 29 percent (CDC The program will slowly decline before management program (ICAPCD 2010a, 2010). Urban expansion has accounted agricultural fallowing ends in 2017 (IID pp. 1–37) for agricultural burning. These for only a relatively small portion of the 2009b). The area of land fallowed in rules and regulations allow for 4 percent decline in agricultural lands 2009–2010 was about 10,500 ac (4,300 agricultural burning after the ICAPCD over a period of 24 years. At this rate, ha) or about 2 percent of agricultural has analyzed several factors: (1) conversion of agricultural lands to land in the valley. Overall, lands Quantitative and qualitative analysis of urban lands in Imperial County has a fallowed will reduce the area of crop meteorological conditions; (2) current modest impact. fields in the Imperial Valley but we smoke complaints; (3) source/receptor Habitat in the Imperial Valley have no specific information as to extent consideration; and (4) current air quality believed most important for mountain to which those fields fallowed provide levels (ICAPCD 2010b, p. 8). The plover includes alfalfa fields, especially wintering habitat to the mountain number of burn days permissible in the those harvested then grazed by sheep, plover. areas of Imperial County has declined and bermudagrass fields burned The future of the QSA is in question. (California Air Resources Board 2010) following harvest (Wunder and Knopf On January 13, 2010, the Superior Court since 2003, but the amount of 2002, pp. 75–76). Both alfalfa and of California found that funding bermudagrass acreage burned in the bermudagrass acreages have declined in provisions of the QSA were same period (2003 to 2009) shows little recent years (2005–2009) (IID 2009a). unconstitutional, and officially trend and averages about 18,000 ac However, in 2009, these crops occupied invalidated the QSA on January 19, (7,000 ha) (Lancero, pers. comm.; 195,000 ac (79,000 ha) or approximately 2010 (QSA Coordinated Cases, Case No.: Cavazos 2010, pers. comm.). Any 51 percent of total field crop acreage in JC4353). IID asked for, and received, a concern that current burning restrictions the Imperial Valley (IID 2009a). Area stay that temporarily allowed the terms limit bermudagrass cultivation appears devoted to all hay (including alfalfa and of the QSA to remain in effect (Case No.: unsupported by these data. bermudagrass), 233,000 ac (90,000 ha), JC4353). As of April 2011, a ruling was Future trends in alfalfa and was the same in Imperial County in both anticipated before the end of the year Bermudagrass may largely determine 1997 and the 2007 (USDA 2010). Data (Imperial Valley Press 2011, p. 1). It is the extent and quality of mountain available also suggest the number of unclear what effect the cancellation of plover wintering habitat available in the sheep in the Imperial Valley have the QSA will have on water use and Imperial Valley. While no predictions of

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future area devoted to these two crops elsewhere in different years. Other than potential impacts from is available, we do not have any Cumulatively, the potential changes in wind energy development described in information that would lead us to land uses in California described above Energy and Mineral Development above, conclude that their occurrence will will likely result in a reduction of we have no information regarding significantly decline. Therefore, we mountain plover wintering habitat in threats to wintering mountain plover anticipate that in the future substantial the State. However, given the available from habitat changes in Texas. areas of alfalfa and Bermudagrass fields agricultural acreage cited above, it is not Outside of the trends in wintering will remain available to support apparent that even a reduction in areas in Mexico described in Threats to wintering mountain plover in the California wintering habitat Prairie Dogs and Associated Loss of Imperial Valley. substantially larger than that which we Habitat above, we have little Currently, there is no habitat anticipate would significantly affect information regarding threats to the conservation plan (HCP) implemented California’s ability to support mountain mountain plover from wintering habitat in the Imperial County. The Imperial plover numbers currently wintering in changes in Mexico. Based on their Irrigation District is currently working the State. We conclude that any likely wintering habitat preferences in the on an HCP, but they have not yet reduction of mountain plover wintering United States, significant numbers of finalized the plan or been issued a habitat in California will not threaten mountain plover may winter in section 10(a)(1)(b) permit under the Act the mountain plover plover’s ability to agricultural areas in Mexico. Possible (Roberts 2010, pers. comm.); however, maintain a wintering population in areas of concentration and the types of in the current draft of the HCP, California or threaten the species range agriculture utilized remain mountain plover is a covered species. wide in the foreseeable future. undocumented. Individually, urbanization, water restrictions, and trends in agriculture do Wintering Outside of California Summary of Factor A The mountain plover occupies a wide not appear to pose significant threats to Elsewhere, in the Phoenix area, geographic range across the breeding, the acreage or quality of wintering Maricopa County, and some other migration, and wintering seasons. The habitat available or to the mountain wintering sites in southern Arizona, extensive and diverse habitats it utilizes plover’s use of the Imperial Valley. mountain plover have been displaced by are subject to a number of changes that However, in the foreseeable future, their growth of human populations (Gardner combined effects, along with climate represent potential threats. 2010; Robertson 2010, pers. comm.). change, could appreciably reduce Black-tailed prairie dogs create Declines are likely to occur in the habitat available to mountain plover and favorable breeding habitat for the Tucson area, Pinal County, and perhaps potentially affect the nature or extent of mountain plover in States including in Yuma County as well, due to wintering mountain plover use of the Colorado, Montana, and Wyoming. increased human populations and, more Imperial Valley. Black-tailed prairie dog numbers have directly, due to an accompanying Mountain plover winter over a large increased by a factor of six since 1981 reduction in agriculture. Wintering range and in diverse habitats. In our in States where they are present, and mountain plover populations in Cochise February 16, 1999, proposed rule to list associated mountain plover habitat has County, where there is less urban the species we cited sources suggesting likewise increased. We do not anticipate development and where the amount of that most mountain plover, an estimated loss of black-tailed prairie dog numbers cropland increased from 1997 to 2007 7,000 of a rangewide population of or the mountain plover habitat they (USDA 2010), will likely remain more 8,000 to 10,000 birds, wintered in maintain in the foreseeable future. California (64 FR 7587). However, we stable. Solar energy development is Current conversion of prairie and now believe that less than half of the occurring in areas of southern Arizona, grasslands to other land uses within rangewide population, estimated at over but the extent to which projects may mountain plover breeding habitat 20,000 birds, winter in California (see overlap mountain plover wintering appears negligible when viewed from a Population Size and Trends above). As habitat has not yet been determined. rangewide perspective. Formerly of 2007, over 18 million ac (7 million Both increases in human population expressed concerns regarding human ha) in California (about 18 percent of the and expansion of agriculture are development in South Park, Colorado, State) supported cropland, pastureland, occurring in areas of southern Arizona where a high density of mountain or rangeland (USDA 2010). While only (Council for Agricultural Science and plover breeds, now seem unfounded. a portion of this area provides habitat Technology 2009, pp. 8–12). Rather than Cattle grazing generally benefits for the mountain plover in any given the total area urbanized, the extent and mountain plover breeding habitat, but winter, the total includes 1.7 million ac nature of future agriculture that is some range management practices do (0.7 million ha) of alfalfa, Bemudagrass, present in southern Arizona and not create favorable conditions for and other hay crops that the mountain available for mountain plover use will mountain plover breeding. Specific plover utilizes, including 230,000 ac likely dictate the future value of this range management to benefit mountain (90,000 ha) in Imperial County alone. area to wintering mountain plover. plover could be employed, but overall The total also includes 1.1 million ac However, water resources are limited, we expect current cattle grazing to (0.4 million ha) of pastureland, often and urban uses may compete with continue relatively unchanged in the used by mountain plover. To exploit agriculture for available water. Southern foreseeable future. these and other wintering habitats, Arizona is thought to winter a relatively Suggestions that cropland use by mountain plover are able to move long small portion of the rangewide breeding mountain plover may be distances and use various sites as mountain plover population. We believe detrimental to populations have not conditions become favorable within a that any net future decreases in been substantiated. given winter (Knopf and Wunder 2006). agricultural lands in southern Arizona Energy and mineral development Mountain plover appear annually at will be limited and that these potential alters landscapes, and some activities some favored wintering sites, but site future decreases in agricultural lands in can adversely impact mountain plover fidelity by individual birds appears low. southern Arizona will not markedly habitat, at least locally and temporally. Birds may also alternate between affect the ability of the area to support The mountain plover often benefits from wintering areas in California and these wintering mountain plover. ground disturbance and may tolerate or

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benefit from certain development We conclude that the best information will become a threat to the species in activities. Mountain plover collisions available indicates that the mountain the foreseeable future. We conclude that with wind turbines are likely to occur plover is not now, or in the foreseeable the best scientific and commercial infrequently. Overall, oil and gas future, threatened by the present or information available indicates that the extraction, wind power projects, and threatened destruction, modification, or mountain plover is not now, nor in the mineral extraction have not been shown curtailment of its habitat or range to the foreseeable future, threatened by to have significant adverse impacts to extent that listing under the Act as an overutilization for commercial, the mountain plover. endangered or threatened species is recreational, scientific, or educational Wintering mountain plover are wide- warranted at this time. purposes. ranging, and seek out a variety of Factor B. Overutilization for Factor C. Disease or Predation grassland, rangeland, crop field, and Commercial, Recreational, Scientific, or semi-desert landscapes, from the Gulf Educational Purposes Disease Coast to the Pacific Ocean, to meet their We are not aware of any diseases or needs. Habitat in California and across Mountain plover were historically hunted for human consumption on the parasites that pose a threat to the the mountain plover’s wintering range is mountain plover at this time. West Nile dynamic, based on yearly weather Great Plains (Knopf and Wunder 2006). Under the Migratory Bird Treaty Act virus, which has been documented to patterns, grazing levels, crops present, cause deaths in many bird species, has and timing of planting or harvest. (MBTA) (16 U.S.C. 703–712), mountain plover are not legally hunted in the not been found in mountain plover Currently available wintering habitat United States, Canada, or Mexico, (Andres and Stone 2009, p. 29). Since can not be easily quantified, nor can its although Andres and Stone (2009, p. 27) 2007, 4,888 dead birds have been projected quantity and quality in the note that some illegal shooting may identified throughout California as foreseeable future be easily predicted. A occur in some areas of Mexico. The deaths attributed to the West Nile virus future net loss of wintering habitat in extent or significance of any such (California Department of Public Health California appears likely, based on solar activity is unknown, but, because we (CDPH) 2010). Within this time span, development projects and other factors have no information that such illegal West Nile virus has been reported from described above, but given the expanse hunting activity is widespread, we a number of Central Valley counties, but of wintering habitat currently present, it believe it is unlikely to be a significant to date no mountain plover deaths have is not apparent that this will have any threat to the mountain plover’s been attributed to the virus (CDPH affect on the number of wintering continued existence. 2010). Over the same time period, there mountain plover California will Birders (bird watchers) may seek out have been no bird deaths associated support. mountain plover for viewing. This with West Nile virus in Imperial Dinsmore et al. (2010) assessed factors activity is most likely to occur on a few County. affecting population growth in the publicized sites and often takes place Dreitz et al. (2010) investigated causes mountain plover in order to target from, on, or near roadways. Mountain of mortality in mountain plover chicks conservation and management efforts. plover are relatively tolerant of and reported preliminary analysis of They cited mountain plover adult disturbance and often ignore humans in blood samples from chicks in Colorado survival as high in winter and suggested vehicles. If approached on foot they and Montana. Blood parasitism was low conservation efforts should target quickly retreat (Knopf and Wunder in Colorado, and none was detected in increased chick survival on breeding 2006). We believe that observation by Montana. grounds. This is consistent with Knopf birders does not represent a threat to the The Intergovernmental Panel on and Rupert (1995, p. 750), who mountain plover because it is limited in Climate Change (IPCC) (2007, p. 51) concluded that past declines in the extent and most birders attempt to suggests that the distribution of some mountain plover were attributable to minimize disturbance to birds as they disease vectors may change as a result events taking place on the breeding pursue their activities. of climate change. However, we have no grounds not during winter. We believe Most research conducted on mountain information to suggest any specific that rather than changes in wintering plover relies on passive sampling (e.g., disease may become problematic to the habitat, future changes on the mountain point counts) rather than active mountain plover as a result of climate plover’s breeding grounds that influence handling. Passive sampling is not likely change. reproductive success will dictate to substantially affect the mountain Predation rangewide mountain plover numbers plover. The studies that involve and population trends. The quantity and handling of adults, chicks, and eggs may The list of predators on mountain quality of breeding habitat, and the impact individuals, but these studies are plover, their nests, and young is ability of the mountain plover to small enough in scale that they are not extensive, and includes the American successfully reproduce will depend likely to affect populations as a whole. badger (Taxidea taxus), skunks largely on future human land uses, Knopf and Wunder (2006) cautioned (Spilogale spp. and Mephitis spp.), rangeland and cropland management mountain plover eggs could become ground squirrels, swift fox (Vulpes practices, the potential effects of energy overheated if exposed to direct sun on velox), coyote (Canis latrans), bullsnake development, and the abundance and hot days. However, we do not have any (Pituophis catenifer), Swainson’s hawk distribution of prairie dogs. We have no information to indicate that this has (Buteo swainsoni), prairie falcon (Falco credible evidence to show that future caused decreased nest success in areas mexicanus), common raven (Corvus changes in the extent and quality of where research occurs. corax), great-horned owl (Bubo mountain plover rangewide wintering virginianus), burrowing owl (Athene habitat, of the magnitude likely to occur, Summary of Factor B cunicularia), and loggerhead shrike would significantly influence their total We do not have any evidence of risks (Lanius ludovicianus) (Smith and population or population trend, or that to mountain plover from overutilization Keinath 2004, p. 20; Andres and Stone they endanger the species now or would for commercial, recreational, scientific, 2009, p. 28). be likely to endanger the species in the or educational purposes, and we have Survival rates of adult mountain foreseeable future. no reason to believe that that this factor plover are thought to be quite high on

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both breeding and wintering grounds, in a prairie landscape fragmented by maintain a conserved wildlife and it is unlikely that predation of adult crop fields and found little relationship population. In addition to the five mountain plover constitutes a between nest predation and distance to factors that section 4(a)(1) of the Act significant concern to mountain plover habitat edges. The authors concluded directs the Service to consider, section populations overall (Smith and Keinath that predators of mountain plover in the 4(b)(1)(A) of the Act requires the Service 2006, p. 19). Emphasis has been largely shortgrass prairie apparently do not to take into account, ‘‘those efforts, if placed on predation of nests and chicks hunt selectively along anthropogenic any, being made by any State or foreign (Kopf and Wunder 2006; Andres and (human-created) edges. Roads may serve nation, or any political subdivision of a Stone 2009, p. 28; Dreitz et al. 2010, as travel routes for predators (Pitman et State or foreign nation, to protect such entire). Survival of nests to hatching is al. 2005, p. 1267), and natural gas species. * * *’’ We consider these similar to or greater than that found in development has been shown to efforts when developing our threat other ground-nesting prairie shorebirds increase the occupancy of the common analyses under all five factors and in in the Great Plains, and nest success raven, a potential predator of mountain particular under Factor D. Therefore, does not appear to be a limiting factor plover nests and chicks, in sage brush under Factor D we consider not only to population growth of the species habitat (Bui et al. 2010, pp. 73–74). laws and regulations, but other (Dinsmore et al. 2010). Survival of Increases in roads and structures mechanisms that are part of a regulatory chicks from hatching to fledging has associated with energy development process such as management plans and been highlighted as a potentially could result in increased predation on agreements, conservation practices, and important life stage that could be mountain plover nests or chicks. so forth. targeted for management to support the However, Carr (in review) found no In analyzing whether the existing conservation and expansion of relationship between mountain plover regulatory mechanisms are inadequate, mountain plover populations, for nest success and road or well density. the Service reviews relevant Federal, example, from habitat improvements While predation accounts for a major State, and Tribal laws, plans, that may reduce predation rate portion of chick mortality, we have no regulations, Memoranda of (Dinsmore et al. 2010). information that would lead us to Understandings (MOUs), Cooperative Knopf (2008, p. 50) cited the swift fox conclude that predation on mountain Agreements, and other such as the major predator on eggs and the plover chicks differs from levels mechanisms that influence primary predator on chicks on the PNG experienced by other upland nesting conservation. We give strongest weight in Colorado, and suggested that reduced shorebirds or that, across the range of to statutes and their implementing predator control and subsequent the mountain plover, it is a current or regulations, and management direction increase in predators was a contributing future threat to the survival of the that stems from those laws and factor in the dramatic decline in species. regulations. An example would be the mountain plover the area experienced. terms and conditions attached to a Summary of Factor C Thirteen-lined ground squirrels grazing permit that describe how a (Spermophilus tridecemlineatus) have We do not find evidence that disease permittee will manage livestock on a been the greatest source of nest is currently impacting the mountain BLM allotment. They are non- predation in South Park, Colorado plover, nor do we have information to discretionary and enforceable, and are (Wunder 2010b, pers. comm.). Chick indicate that disease outbreaks will considered a regulatory mechanism monitoring in Colorado in 2010 increase in the future. While the level of under this analysis. Other examples confirmed 38 mortalities, including 13 predation on mountain plover nests and include State governmental actions from avian predation (most on less than chicks is high, it is not inconsistent with enforced under a State statute or 16-day old chicks by burrowing owls) that found in other ground-nesting bird constitution, or Federal action under and 8 by mammalian predators species. Fragmentation of habitats, statute. Some other agreements (MOUs including swift fox and American including that associated with energy and others) are more voluntary in badger (Dreitz et al. 2010, pp. 3–4). development, could increase predation, nature; in those cases we analyze the Predation by unknown species was but evidence to date does not suggest specific facts for that mechanism to suspected in some other deaths (Dreitz any increase is occurring. We do not determine the extent to which it can be et al. 2010, pp. 3–4). Similar research in have information at this time to indicate relied on in the future. We consider all Montana in 2010 implicated black- that predation is impacting the pertinent information, including the billed magpies (Pica hudsonia) as a mountain plover at a level that threatens efforts and conservation practices of possible cause of disappearances of the species. We conclude that the best State governments, whether or not these chicks whose fate was not confirmed. scientific and commercial information are enforceable by law. Regulatory Knopf and Wunder (2006) suggested available indicates that the mountain mechanisms, if they exist, may preclude mountain plover nest visits by plover is not now, or in the foreseeable the need for listing if such mechanisms researchers could lead to predation by future, threatened by disease or are judged to adequately address the ravens (Corvus spp.). Similarly, nest predation to the extent that listing under threat to the species such that listing is marking to avoid nest destruction the Act as an endangered or threatened not warranted. during agricultural operations may alert species is warranted at this time. Conversely, threats on the landscape predators to nest locations. are not ameliorated when not addressed We do not believe that natural levels Factor D. The Inadequacy of Existing by existing applicable regulatory of predation present a threat to the Regulatory Mechanisms mechanisms, or when the existing mountain plover, although the risk Under this factor, we examine mechanisms are not adequate (or not could be increased through human whether existing regulatory mechanisms adequately implemented or enforced). development and habitat fragmentation. are inadequate to address the threats to We cannot predict when or how State This may result where predators the mountain plover discussed in and Federal laws, regulations, and concentrate their foraging activities and Factors A, B, C and E. The Service policies will change; however, most movements along habitat edges. considers regulatory mechanisms to Federal land use plans are valid for at However, Mettenbrink et al. (2006, p. mean all mechanisms that are related to least 20 years. In this section, we review 195) looked at mountain plover nesting a comprehensive regime designed to actions undertaken by State and Federal

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entities designed to reduce or remove of the Code of Federal Regulations for monitoring and evaluating the plan threats to mountain plover and its (CFR); and subpart 4180 (Fundamentals to determine effectiveness and the need habitat. of Rangeland Health and Standards and for amendment or revision (43 CFR Guidelines for Grazing Administration) 1601.0–5(n)). The RMPs provide a Federal Laws and Regulations of Title 43 of the CFR. framework and programmatic guidance The mountain plover is covered under Mountain plover have been for activity plans, which are site-specific the provisions of the Migratory Bird designated as a BLM Sensitive Species plans written to implement decisions Treaty Act (MBTA), which provides in Colorado (BLM 2000a), California made in an RMP. Examples include regulatory protection for mountain (BLM 2006), and Wyoming (BLM Allotment Management Plans that plover by prohibiting actions causing 2010a). The management guidance address livestock grazing, oil and gas direct mortality and destruction of afforded sensitive species under BLM field development, travel management nests. In addition, the mountain plover Manual 6840—Special Status Species (motorized and mechanized road and is listed as a Bird of Conservation Management (BLM 2008, entire) states trail use), and wildlife habitat Concern by the Service in all 12 Bird that ‘‘Bureau sensitive species will be management. Activity plan decisions Conservation Regions encompassing the managed consistent with species and normally require additional planning species’ breeding and wintering ranges. habitat management objectives in land and National Environmental Policy Act Birds of Conservation Concern represent use and implementation plans to (NEPA; 42 U.S.C. 4321 et seq.) analysis. the highest conservation priorities promote their conservation and to If an RMP contains specific direction under the MBTA for the Service’s minimize the likelihood and need for regarding mountain plover habitat, Migratory Bird Program (Service 2008, listing under the [Act]’’ (BLM 2008, p. conservation, or management, it p. iii). The goals of the Service’s 05V). The BLM Manual 6840 further represents an enforceable regulatory Migratory Bird Program include the requires that Resource Management mechanism to ensure that the species protection, restoration, and management Plans (RMPs) should address sensitive and its habitats are considered during of migratory bird populations to ensure species, and that implementation permitting and other decision-making long-term ecological sustainability ‘‘should consider all site-specific on BLM lands. (Service 2011). The Service’s goal is to methods and procedures needed to The BLM has regulatory authority for prevent or remove the need for bring species and their habitats to the oil and gas leasing on Federal lands and additional bird listings under the Act by condition under which management on private lands with a severed Federal implementing proactive management under the Bureau sensitive species mineral estate, as provided at subpart and conservation actions. The list is to policies would no longer be necessary’’ 3100 (Onshore Oil and Gas Leasing; be used to develop research, monitoring, (BLM 2008, p. 2A1). See our discussion General) of Title 43 of the CFR, and they and conservation actions to stimulate above under Factor A, Energy and are authorized to require stipulations as coordinated and collaborative proactive Mineral Development, for more on a condition of issuing a lease. They can conservation actions among Federal, measures the BLM has taken in condition ‘‘Application for Permit to State, Tribal, and private partners Wyoming to conserve the mountain Drill’’ authorizations, conducted under a (Service 2008, p. iii). However, the plover as a sensitive species. lease that does not contain specific designation as a Bird of Conservation The BLM in Montana has designated mountain plover conservation Concern does not in and of itself a Mountain Plover Area of Critical stipulations, but utilization of provide any extra protections for the Environmental Concern (ACEC), which conditions is discretionary, and we are mountain plover or its habitat. contains 24,730 ac (9,892 ha) of habitat uncertain as to how this authority is The BLM and the USFS are the suitable for breeding mountain plover applied. primary Federal agencies that manage (BLM 2000b, p.1). Management Management of National Forest lands that provide breeding or wintering prescriptions apply within the ACEC to System lands is guided principally by habitat for the mountain plover. The protect breeding mountain plover the National Forest Management Act BLM’s lands and USFS-managed during its nesting period. All (NFMA) (16 U.S.C. 1600–1614, August National Grasslands provide important construction activity and surface 17, 1974, as amended). The NFMA breeding habitat in Montana, Wyoming, disturbance are prohibited from April 1 specifies that all National Forests must Colorado, and New Mexico. The BLM’s to July 31, road construction is have a Land and Resource Management lands in California and southern minimized within the ACEC, and Plan (LRMP) (16 U.S.C. 1604) to guide Arizona may provide habitat for seasonal restrictions also apply to off- and set standards for all natural wintering mountain plover. highway travel (BLM 2000b, pp. 8–9). resource management activities on each The Federal Land Policy and While the ACEC is a focus of BLM’s National Forest or National Grassland. Management Act of 1976 (FLPMA) (43 efforts to conserve the mountain plover, The NFMA requires USFS to U.S.C. 1701 et seq.) is the primary the area covers only a small fraction of incorporate standards and guidelines Federal law governing most land uses all mountain plover habitat in Montana. into LRMPs (16 U.S.C. 1604(c)). The on BLM-administered lands. Section As a designated sensitive species USFS conducts NEPA analyses on its 102(a)(8) of FLPMA (43 U.S.C. under BLM Manual 6840, mountain LRMPs, which include provisions to 1701(a)(8)) specifically recognizes plover conservation must be addressed manage plant and animal communities wildlife and fish resources as being in the development and implementation for diversity, based on the suitability among the uses for which these lands of RMPs on BLM lands. RMPs are the and capability of the specific land area are to be managed. Regulations pursuant basis for all actions and authorizations in order to meet overall multiple-use to FLPMA and the Mineral Leasing Act involving BLM-administered lands and objectives. The USFS planning process (30 U.S.C. 181 et seq.) that address resources. They establish allowable is similar to that of the BLM. The wildlife habitat protection on BLM- resource uses, resource condition goals mountain plover is a USFS sensitive administered land include 43 CFR and objectives to be attained, program species in Region 2, which includes all 3162.3–1 (Drilling applications and constraints and general management of Colorado and portions of Wyoming plans) and 43 CFR 3162.5–1 practices needed to attain the goals and and Nebraska. (Environmental obligations); subpart objectives, general implementation The USFS policy provides direction 4120 (Grazing Management) of Title 43 sequences, and intervals and standards to analyze potential impacts of proposed

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management activities to sensitive provides a good non-regulatory inadequacy of existing regulatory species in a biological evaluation. The mechanism for Federal biologists in mechanisms in Canada. LRMPs for grassland units within USFS Colorado and Wyoming to evaluate the Region 2 (PNG, Nebraska National effects of their proposed actions, it does Mexico Forest, and Thunder Basin National not require that projects ultimately have In 2001, Mexico established a list of Grassland in Wyoming) contain no effect on mountain plover. However, species classified as endangered, management direction for the mountain this screening tool provides for threatened, under special protection, or advanced notice of actions and plover (USFS 2001). Some examples of probably extinct in the wild the LRMP standards (required measures) facilitates coordination between the (Commission for Environmental for the three areas include: (1) multi-state agency team. Cooperation (CEC) 2011). The mountain Prohibiting development of new The Federal laws, regulations, and plover was listed as threatened (Andres facilities within 0.25 mi (0.40 km) of actions cited above are designed to and Stone 2009, p. 14). Under the known mountain plover nests or nesting reduce or remove threats to the General Wildlife Law, the use of at-risk areas; (2) limiting vehicle speeds in mountain plover and its habitat. There occupied mountain plover habitat to 25 is no information available to indicate species may be authorized only for the miles per hour (mph) (40 kilometers per that the species is threatened by the collection and capture for restoration, hour (kph)) on resource roads and 35 inadequacy of existing Federal laws and repopulation, and reintroduction mph (56 kph) on local roads; (3) regulations. activities (CEC 2011). However, designing vegetation management regulatory powers and wildlife projects in suitable mountain plover State and International Laws and management prerogatives reside largely habitat to maintain or improve Regulations with the Federal government with States mountain plover habitat; and (4) The Nebraska Game and Parks taking a more minor role. Shifting maintaining occupied nesting and Commission lists the mountain plover Federal agency responsibility and lack brooding habitat on black-tailed prairie as ‘‘threatened.’’ But, this regulatory of agency funding results in inadequate dog colonies by limiting new oil and gas mechanism likely protects relatively few protection and management of wildlife development to one well per 80 ac (32 individuals (see Conservation Status resources (Valdez et al. 2006, p. 277). ha) within occupied habitat. and Local Populations above). While Although regulatory mechanisms in Cumulatively, structure and facility some States, such as Colorado, have Mexico appear to be minimal or are not development will not occur on more specific management plans that address adequately enforced, Mexico constitutes than 2 percent of the occupied mountain plover conservation, and all a small portion of the overall species’ mountain plover nesting habitat in each States within the range of the species breeding range. Mountain plover appear prairie dog colony on the Thunder Basin include it within their State Wildlife to winter in significant numbers in National Grasslands (USFS 2001). As Conservation Strategies (see Mexico, but at that time of year, they are described above in the discussion under Conservation Status and Local highly mobile and less vulnerable to Factor A, the PNG has been conducting Populations above), there is no human activity than when nesting, and prescribed burning for many years to rangewide or intrastate coordinated they therefore may require few improve breeding habitat for mountain management effort and no requirement regulatory protections. There is no plover (Knopf 2008, pp. 25–26). to implement specific management information available to indicate that Numerous research projects on actions. However, there is no the species is threatened by the mountain plover have also been information available to indicate that inadequacy of existing regulatory conducted on the PNG and the adjacent the species is threatened by the USDA Research Area (Augustine 2010a, inadequacy of existing State regulatory mechanisms in Mexico. pers. comm.; Augustine 2010b, pers. mechanisms. Summary comm.). Canada In Colorado and Wyoming, a multi- While mountain plover conservation agency team, consisting of biologists The mountain plover has been listed has been addressed in some State, from the Service, BLM, USFS, and as endangered in Canada since 1987. Federal, and international plans, laws, National Park Service, developed a non- Knapton et al. (2006, p. i) noted that regulations, and policies, none of these regulatory screening tool to allow for listing was in part due to a perceived have applicability throughout the range proactive and consistent management decline from 1980 to 1986. The Species of the mountain plover sufficient to and conservation of the mountain At Risk Act (SARA), passed December provide effective population-level plover on public lands and to provide 12, 2002, is a commitment by the conservation. However, we have found a tool for streamlining agency review Canadian government to prevent the in the analysis of the other four factors and implementation of activities (BLM extinction of wildlife and provide the (A, B, C, and E) that there are no 2004). The screening tool allows agency necessary actions for the recovery of activities that currently rise to the level personnel to evaluate the impacts of species deemed endangered. These at- of a significant threat to the mountain projects (such as energy development, risk wildlife species are provided with plover. Therefore, we conclude that the rangeland management, and recreation) legal protection under SARA, and their best scientific and commercial that would occur within or adjacent to biological diversity is thereby conserved information available indicates that the mountain plover habitat to determine (Environment Canada 2010). As noted mountain plover is not now, and is not whether the project would result in an in the Background section above, the expected to become within the impact to the species at the local or mountain plover population in Canada foreseeable future, threatened by the rangewide scale. Use of the screening is very small, and efforts there to tool would not stop any projects from improve habitat will not likely have a inadequacy of existing regulatory occurring, but rather would alert agency significant impact on this species’ mechanisms to the extent that listing personnel to possible project impacts so conservation rangewide. There is no under the Act as an endangered or that the project could be modified if information available to indicate that threatened species is warranted at this possible. While the screening tool the species is threatened by the time.

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Factor E. Other Natural or Manmade ranged from 0.74 to 0.96 yearly males than females) range wide and Factors Affecting the Species’ Continued (Dinsmore 2008, p. 50). Based on this whether this might adversely affect Existence study, a mountain plover returning to its reproductive potential. Knopf (2003, breeding ground would likely return pers. comm.) speculated that a slightly Genetic Diversity multiple additional years. Dinsmore et unbalanced sex ratio in California might The loss of local populations may al. (2010) characterized the mountain result from slightly higher overall impact a species because local plover as typical of relatively long-lived mortality in females or from differential populations may possess unique genetic bird species, documented to live over 10 wintering, with females wintering characteristics that are important to the years, where repeated reproductive further south, in Mexico. Rangewide sex species’ genetic diversity and its ability attempts throughout life are less ratios for mountain plover are still to adapt to future environmental important to population growth than unknown (Knopf and Wunder 2006) and changes. However, for mountain plover, adult survival. On the basis of our we have no evidence that relative genetic studies using nuclear review of the best available information, number of males and females in microsatellites have concluded that we now believe that a short average mountain plover populations represents mountain plover across sampled lifespan and resulting limited a threat to the species. breeding locations in Colorado and reproductive opportunities, as suggested Exposure to Pesticides Montana comprise a single, relatively in our 2002 proposal, do not constitute homogenous gene pool (Oyler-McCance a threat to the mountain plover. Potential exposure of mountain plover 2005, p. 359; Oyler-McCance et al. 2008, In our February 16, 1999 (64 FR to pesticides and agrochemicals on pp. 496–497). These results suggest that 7587), and December 5, 2002 (67 FR wintering areas in California, and there is sufficient gene flow among 72396), proposals to list the mountain resulting impacts to mountain plover breeding areas to offset reported adult plover as a threatened species, we health and reproduction, have been fidelity to breeding areas and genetic considered the plover to have high cited as a potential threat (Knopf and effects of small populations (genetic fidelity to breeding sites. In patchy Wunder 2006). Exposure of mountain drift, loss of genetic diversity) (Oyler- habitat, when nesting habitat is plover to direct pesticide application is McCance et al. 2005, p. 360; Oyler- destroyed or unavailable, it may be likely minimized because most McCance et al. 2008, pp. 496–497). difficult for the mountain plover to find pesticide application occurs on growing While this seems unusual for a species a new place to breed, thus resulting in crops, and less frequently on harvested with relatively high reported site the decline of populations. Dispersal and fallow fields, or grazed pastures that fidelity, it suggests pair formation in ability may be important to the use of mountain plover frequent. mixed winter flocks from different available habitat and conservation of the The organochlorine agricultural breeding areas. Widespread mixing of mountain plover given the patchiness of pesticide DDT, and its byproduct DDE, mountain plover populations in winter desirable breeding habitat. Altered or can cause thinning of eggshells and has been documented (Wunder 2007, p. fragmented landscapes may force decreased reproductive success in birds 118). From a genetic perspective, this mountain plover to disperse greater (Longcore et al. 1971, pp. 486, 489). information suggests that no single distances. For example, in Montana, DDT has not been in use in California breeding population requires special where the mountain plover is highly since the 1970s, and in many cases, DDE conservation or protection (Oyler- dependent on black-tailed prairie dog levels that remain in the environment McCance et al. 2005, p. 360). However, colonies for breeding habitat, sylvatic will decrease slowly over several not all populations have received plague outbreaks often make previously decades (Thomas et al. 2008, pp. 55, genetic analysis, including potentially used breeding habitat undesirable. As 65). Organochloride levels in mountain non-migratory breeding populations in discussed above, Skrade and Dinsmore plover collected from three California Mexico. We conclude that there is no (2010, pp. 671–672) demonstrated the counties (Imperial, San Luis Obispo, known restriction of gene flow within mountain plover’s ability to disperse at and Tulare) in 1991–1992 ranged from the species, and that the loss of any least locally to exploit favorable 1.0 to 10.0 parts per million (ppm) (dry given local population will not breeding habitats nearby, and in at least weight); although these levels are substantially impact the genetic one instance, an adult mountain plover considered high for an upland bird, no diversity of the mountain plover or the returned to breed at a site about 25 mi subsequent issues with bird behavior or species’ ability to adapt to future (40 km) from a site where it was banded eggshell thickness in mountain plover stressors. during the previous season. We were noted (Knopf and Wunder 2006). conclude that while the mountain Levels of DDE of 43 ppm (wet weight) Longevity, Site Fidelity, and Sex Ratio plover generally exhibits fidelity to were found in eggs collected from In our December 5, 2002, proposed breeding sites, it is capable, at least abandoned mountain plover nests in listing rule (67 FR 72396), we stated, locally, of seeking out and exploiting Park County, Colorado, in 2001 (Knopf ‘‘* * * that because the average lifespan new habitat through both juvenile and Wunder 2006). No effects on eggs, of a mountain plover is less than 2 dispersal and through adult birds chicks, or adult mountain plover were years, and breeding does not occur until returning to different breeding sites in established. 1 year of age, an individual mountain subsequent years. On a local scale Historically, soils in the Imperial plover will likely have only one (several mi/km), loss or fragmentation of Valley are known to be high in DDE breeding season to contribute to breeding habitat is unlikely to have an (California Department of Food and population recruitment.’’ Previous study inordinate effect on mountain plover Agriculture (CDFA) 1985, p. 27). Studies results underestimated adult survival survival and reproduction (i.e., effects have shown unchanging levels of the and, more importantly, our proposed are likely to be proportional to, but not chemical in the past decades; this rule erroneously concluded that average in excess of the amount of habitat loss). suggests a persistent, local source of the lifespan reflected typical adult survival. Previously, concern arose as to chemical (Gervais and Catlin 2004, pp. In the best available estimate of adult whether a preponderance of male 509–510). The Imperial Valley is the mountain plover survival, the annual mountain plover among those birds suspected source for high DDE survival rate of adult mountain plover of handled by researchers in California concentrations and decreased both sexes in Phillips County, Montana, suggested a skewed sex ratio (more reproductive success in white-faced

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ibises (Plegadis chihi) (Yates et al. 2010, organophosphorus and carbamate (CDFA 2007, p. 79). The limited area p. 159). Levels of DDE in resident insecticides, and found that they varied and quality of mountain plover habitat burrowing owls are suspected to act as widely between mountain plover treated, coupled with the species’ large a stressor, but reproductive effects have collected in California from the Central wintering range in California, led the not been documented (Gervais and Valley where pesticide use is CDFA to determine that the curly top Anthony 2003, p. 1259). widespread and from the Carrizo Plain treatment program would not be likely Service biologists recently collected where there is minimal pesticide use, to significantly impact the mountain and analyzed mountain plover eggs, but no differences were observed in plover (CDFA 2007, p. 80). On public soils, and soil invertebrates from mountain plover body condition. lands managed by the BLM, prescribed breeding areas in Colorado, Wyoming, The Central Valley is one of the usage avoids malathion spraying on and Montana, and soils and soil State’s primary growing regions for wintering mountain plover areas when invertebrates from wintering areas in the alfalfa. Sixty percent of the State’s hay the plover is present (BLM 2002, p. 1). Imperial Valley (Zeeman 2011, pers. crop is grown here, with over 600,000 Chemical exposure in Mexico where comm.). Chemical analyses of eggs ac (240,000 ha) planted to alfalfa within regulations and enforcement may be less showed measurable, and in some cases the Central Valley (Godfrey 2002, p. 4). stringent could be of concern (Andres high, levels of persistent organic Insecticides used on alfalfa pests and Stone 2009, p. 30). DDE levels in pollutants, most notably DDE. Much include chlorpyrifos, malathion, and mountain plover eggs reported by lower concentrations of polychlorinated pyrethroids. Insecticide applications in Zeeman (2011, pers. comm.) may have biphenyls (PPBs), hexachlorobenzene, alfalfa usually occur once insects reach resulted from exposure in Mexico, tetrachlorobenzenes, alpha chlordane, damaging levels, typically in March or where DDT is still used. While we oxychlordane (chlordane metabolite), later in the growing season (Godfrey believe that crop fields in Mexico have heptachlor epoxide, and dieldrin were 2002, pp. 4–10), suggesting that potential to support large numbers of found. Contaminants detected in exposure of wintering mountain plover wintering mountain plover, significant mountain plover eggs were also detected to treatments would be limited, if any. mountain plover use of crop fields in in soil and invertebrate samples from Because early spring insecticide Mexico has not been reported (Macias- fields in Imperial Valley, but no treatments in alfalfa have been found to Duarte and Punjabi 2010, pp. 3, 7), nor measurable levels were found in soil largely eliminate nontarget insect have specific issues regarding pesticide and invertebrates at the breeding species complexes (Godfrey 2002, pp. use and impact to mountain plover been grounds. 4–6), an unknown but potential residual identified. While changing agricultural The upper concentrations of DDE effect to mountain plover prey practices regarding pesticide application detected, 50 ppm (wet weight) in two availability may exist in specific areas or evolution of new chemicals for use in eggs, was within the range of values the following winter. If present, such an the United States or Mexico could prove (which can range from as low as 3 ppm effect could locally reduce desirability a future threat, we have no basis for in sensitive species to 30 ppm in less of certain alfalfa fields to wintering predicting the potential of such an sensitive species) associated with mountain plover, but would not have a occurrence. eggshell thinning and reproductive rangewide impact to the species. We have no evidence that pesticides impairments in wild birds (Blus 1996). Malathion, a broad-spectrum are significantly impacting mountain Conspicuous signs of impacts associated organophosphate insecticide, has been plover populations either locally or with DDE exposure, such as eggshell used to control the beet leaf-hopper rangewide. However, given the cracking and embryo malformation, (Circulifer tenellus) in rangeland habitat, information summarized above, were not detected in mountain plover fallow fields, oil fields, and cultivated additional evaluation of any possible (Zeeman 2011, pers. comm.). Based on areas on both public and private lands effects to mountain plover from former concentrations found in eggs, DDE from in the San Joaquin Valley (BLM 2002, and ongoing pesticide use within the wintering areas, including the Imperial pp. 1–2; CDFA 2007, p. 8; CDFA 2008, mountain plover’s range appears Valley, could potentially affect pp. 1–4). The beet leaf-hopper is a prudent. mountain plover (Zeeman 2011, pers. vector for curly top virus, which Selenium Toxicity comm.). The potential for the other negatively affects crops. In the western contaminants detected in eggs, both and southern portions of the San Within the western San Joaquin individually or in combination, to affect Joaquin Valley, aerial spraying may Valley, selenium is present in the soil the mountain plover is being evaluated occur fall through spring, and may and has the potential to occur in ponded by the Service (Zeeman 2011, pers. include treatment of approximately irrigation water in fields and drainages. comm.). The results cited above suggest 200,000 ac (80,000 ha) in years with Irrigation with drainwater used to flood that exposure varies by individual and high beet leaf-hopper populations. wetlands has resulted in biological that few mountain plover have DDE Treatment usually results in a target accumulation of selenium sufficient to levels that raise a concern. In addition, population decline of over 90 percent harm reproduction of shorebirds and no effects of DDE to adult mountain (CDFA 2008, pp. 1–4). Potential impacts other wildlife (Ohlendorf et al. 1987, plover, their eggs, or chicks have been to the mountain plover from the control pp. 169–171, 174–181). Potential effects established. At this time, we believe that treatments could result from both direct of selenium poisoning on birds can if an effect occurs, it would probably be exposure and indirectly from the include gross embryo deformities, localized, and would affect individual reduction of insect prey (CDFA 2007, p. winter stress syndrome, depressed birds or eggs and not have an effect at 79). resistance to disease due to depressed a population or species level. Although beet leaf-hopper control is immune system function, reduced Certain organophosphate insecticides potentially immense in scale, in the 10 reproductive success, reduced juvenile are still used to control insect pests on years up to 2002, an average of only growth and survival rates, mass wasting, crops in California’s Central Valley about 4,400 ac (1,800 ha) per year were loss of feathers (alopecia), embryo within the range of the mountain plover. treated in the bird’s wintering range death, altered enzyme function, and Iko et al. (2003, p. 119) measured within the San Joaquin Valley, primarily mortality (Ohlendorf 1996, pp. 131–139; cholinesterase levels in mountain in sloped terrain that is not thought to O’Toole and Raisbeck 1998, pp. 361– plover, a measure of exposure to be desired by the mountain plover 380). Species exposed to multiple

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stressors can become more vulnerable to limited cases malathion) are used more population trends. However, climate exposure to selenium. sparingly, and as a secondary treatment. change could potentially impact the Because the mountain plover is an Control on private lands can be species. According to the IPCC (2007, p. upland bird feeding primarily on undertaken by State or local government 6), ‘‘warming of the climate system is terrestrial insects, its habits may limit agencies, or private landowners without unequivocal, as is now evident from its exposure to selenium. Still, selenium participation or oversight by APHIS. observations of increases in global bioaccumulation in the food chain Treatment on private lands likely varies average air and ocean temperatures, could create a contaminant hazard for depending on resources available and widespread melting of snow and ice, mountain plover feeding on insects in the economic implications of and rising global average sea level.’’ alkaline flats, grazed pastures, and infestations. Where treatment occurs, it Average Northern Hemisphere plowed fields in this area. Specific likely has the similar goal of reducing temperatures during the second half of exposure of the mountain plover to insect densities to acceptable levels. the 20th century were very likely higher selenium, or any adverse effects of such Grasshopper and cricket control can than during any other 50-year period in exposure have not been documented. have an impact on mountain plover the last 500 years and likely the highest In summary, it has been documented prey and could, in some years and at in at least the past 1,300 years (IPCC that mountain plover have been exposed some locations, adversely affect 2007, p. 30). It is very likely that over to various levels of potentially harmful mountain plover breeding. However, the past 50 years cold days, cold nights, pesticides and chemical toxins in since the scope and impact of these and frosts have become less frequent control efforts appear minimal relative various portions of its range. However, over most land areas, and hot days and to the mountain plover breeding range, we have no information to indicate that hot nights have become more frequent we conclude that grasshopper and the mountain plover is responding (IPCC 2007, p. 6). It is likely that heat Morman cricket control does not negatively to this exposure or that it is waves have become more frequent over represent a significant threat to likely to respond negatively in the most land areas, and the frequency of rangewide mountain plover future. Exposure levels that elicit heavy precipitation events has increased populations. negative responses in other bird species over most areas (IPCC 2007, p. 30). Changes in the global climate system do not appear to elicit a similar negative Weather during the 21st century are likely to be response in mountain plover. Therefore, Annual weather variation influences larger than those observed during the we do not believe that mountain plover mountain plover habitat and breeding 20th century (IPCC 2007, p. 19). For the are threatened by exposure to pesticides success. Inclement weather may hinder next 2 decades, a warming of about 0.2 and chemical toxins. egg laying (Knopf and Wunder 2006). degrees Celsius (°C) (0.4 degrees Grasshopper and Cricket Control Cold, rain, and hail can result in loss of Fahrenheit (°F)) per decade is projected nests and decreased chick survival. (IPCC 2007, p. 19). Afterward, Efforts to control grasshoppers and Dreitz et al. (2010, pp. 3–4) identified temperature projections increasingly Mormon crickets, especially Federal weather as a significant cause of chick depend on specific emission scenarios control programs on BLM lands, have mortality. Mammalian predators of (IPCC 2007, p. 19). Various emissions been cited as potentially detrimental to mountain plover eggs and chicks are scenarios suggest that by the end of the breeding mountain plover. scent-driven, and wet conditions 21st century, average global Grasshoppers occur throughout the enhance predation (Knopf and Wunder temperatures are expected to increase breeding range of the mountain plover 2006; Wunder 2007, p. 121). 0.6 to 4.0 °C (1.1 to 7.2 °F), with the and can reach population levels Wunder (2007, pp. 119–121) greatest warming expected over land considered to be a threat to agriculture. presented evidence that recruitment and at most high northern latitudes The USDA’s Animal and Plant Health may be linked to regional patterns of (IPCC 2007, p. 46). Inspection Service (APHIS) conducts weather, with highest recruitment The IPCC (2007, p. 48) predicts that rangeland grasshopper and Mormon coming from breeding areas with low the resiliency of many ecosystems is cricket control, including areas precipitation and a subsequent 1- to 2- likely to be exceeded this century by an occupied by breeding mountain plover. year lag observed in increased unprecedented combination of climate Logically, a significant reduction in populations of adults (Wunder 2007, pp. change associated disturbances (e.g., these mountain plover foods could 119–121). Productivity may be flooding, drought, wildfire, and insects), affect mountain plover fecundity and influenced by drought cycles, with dry and other global drivers. Current climate survival. However, efforts to control years reducing predation from mammals change predictions for terrestrial areas grasshoppers and Mormon crickets on and suppressing vegetative growth, thus in the Northern Hemisphere indicate Federal lands are generally limited to providing increased accessibility to intense precipitation events, warmer air suppressing populations in years and insects. Annual survival of mountain temperatures, and increased summer areas where infestations occur, and do plover in Montana proved higher during continental winds (Field et al. 1999, pp. not have the goal of eradication, but periods of drought, although prolonged 5–10; Cayan et al. 2005, pp. 6–28). With rather the goal of reducing densities to drought eventually decreases abundance medium confidence, IPCC predicts that levels that limit economic impacts (BLM of insect foods (Dinsmore 2008, p. 52). approximately 20 to 30 percent of plant 2010b). Numbers of these insects Weather variation affects mountain and animal species assessed so far are present after treatment may remain plover productivity across its breeding likely to be at an increased risk of greater than those present in a normal range, but we have no evidence that extinction if increases in global average year. The BLM currently is pursuing a normal weather fluctuations represent a temperature exceed 1.5 to 2.5 °C (3 to strategy of ‘‘reduced area and agent threat to the mountain plover. 5 °F). treatments,’’ with the majority of The mountain plover is primarily a treatments through aerial spraying of a Climate Change species of grasslands and semi-desert. pesticide (diflubenzuron, a chiton There is no information available on Grasslands in the Great Plains of the inhibitor) with limited impacts to non- the direct relationship between the United States and southern Canada are target species (BLM 2010b). Broad environmental changes associated with predicted to get warmer and drier with spectrum insecticides (carbaryl and in climate change and mountain plover climate change (North American Bird

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Conservation Initiative 2010, p.18). 1925–2010 (WRCC 2010b). Projected believe it is less likely to be threatened Southwestern grasslands are expected to change in precipitation values for the by climate change impacting grassland, become drier because of declining Imperial Valley was also obtained or any one of its favored breeding precipitation and higher temperatures, through the Climate Wizard in which an habitats, than is suggested by its especially the Chihuahuan Desert average of all models was used to classification as a breeding obligate to a grasslands of the southwestern United display percent change in precipitation. single habitat type. The mountain States and northern Mexico, which are These data indicate a 1.1 percent plover was not considered sensitive to critical wintering areas for many increase in precipitation for the 2050s potential climate change impacts based grassland birds, including the mountain and an increase of 0.3 percent by the on the other four traits (its migratory plover (North American Bird 2080s (TNC 2007). habits, dispersal ability, niche Conservation Initiative 2010, p.18). In Change in plant phenology (timing of specificity, and reproductive potential) northern grasslands, additional life cycle events such as vegetative (Sauer 2010b, pers. comm.). In general, precipitation is expected, but they will growth and reproduction) may be one of the mountain plover seems to possess still become drier because warmer the earliest observed responses to rapid characteristics that would allow it to temperatures will cause increased global climate change and could adapt to changing environmental and evaporation (North American Bird potentially have serious consequences climate conditions. See the North Conservation Initiative 2010, p. 18). both for plants and animals that depend American Bird Conservation Initiative Variability in precipitation is also on periodically available resources (2010, p. 28) for definitions of these expected to increase; droughts, flooding, (Moza and Batnegar 2005, p. 243). A traits. and extreme storms (such as hailstorms) change in the timing of availability of Specific information on mountain are all expected to become more insects that mountain plover and their plover suggests that the species might be common (North American Bird chicks rely on as a food source could adapted to drought, and that climate Conservation Initiative 2010, p.18). occur as a result in changes in plant change predictions of the Great Plains Increased atmospheric carbon dioxide phenology. becoming warmer and drier might will probably contribute to invasions of Because they are often highly benefit the species (Dinsmore 2008, p. woody shrubs into grasslands (North competitive, invasive plant species are 52). Andres and Stone (2009, p. 31) American Bird Conservation Initiative altering the plant composition of predicted increased summer 2010, p. 18), which could make certain ecosystems and changing their structure temperatures and decreased habitats unusable for the mountain and function over large landscape areas. precipitation could benefit mountain plover. Addition of fine fuels from these species plover breeding. Recruitment of juvenile often increases fire frequency, which mountain plover into the population Climate Wizard (TNC 2007) predicts can lead to increased dominance by appears linked to regional patterns of an average temperature increase of ° invasive species and further habitat precipitation, with highest recruitment approximately 4 to 6 F by the 2050s for degradation. Climate change is coming from areas with lowest the majority of mountain plover exacerbating these changes by altering precipitation every year, and a breeding and wintering habitat within the amount and seasonal distribution of subsequent increase in populations of the United States. Precipitation is precipitation and seasonal temperature adults observed from the same areas projected to decline slightly in the patterns in ways that often favor the after a 1- to 2-year lag (Wunder 2007, southwest portion of the range, and to invasive species (Tausch 2008). This pp. 119–121). Annual survival of increase by 10 to 15 percent in the more could potentially result in changes in mountain plover in Montana proved northern portions of the range in the the amount of ground cover in mountain higher during periods of drought, same time period. However, as stated plover habitat, which could discourage despite potential reduction in insect above, warmer temperatures and mountain plover nesting. Nonnative foods (Dinsmore 2008, p. 52). Peterson evaporation may offset any gains in wildlife species that could compete (2003, pp. 291–292) concluded that precipitation. By the 2080s, with the mountain plover for resources there have been subtle shifts northward temperatures are predicted to increase or prey on the species could potentially in ranges of grassland birds, including ° by as much as 7.5 F within the species’ move into their habitats. mountain plover, potentially due to breeding range, and precipitation to Although the mountain plover was climate change. decline from 2050s levels throughout not included in ‘‘The State of the Climate change predictions are based the range (TNC 2007). Weather data in Birds—2010 Report on Climate Change’’ on models with assumptions, and there the Imperial Valley recorded by the (North American Bird Conservation are uncertainties regarding the Desert Research Institute of the Western Initiative), it was assessed using the magnitude of associated climate change Regional Climate Center (WRCC) sensitivity traits analysis used in that parameters, such as the amount and between 1927 and 2010 show an report (Sauer 2010b, pers. comm.). The timing of precipitation and seasonal increasing trend in average temperature threat of climate change impacts to the temperature changes. There is also during the months of September plover was considered low, as it was uncertainty as to the magnitude of through March, when mountain plover only considered sensitive to one of the effects of predicted climate parameters. are present in the area (WRCC 2010a, five main traits (it was considered a The mountain plover, along with its Figure 1). Projected temperature change breeding obligate to a single habitat habitat, will likely be affected in some for the Imperial Valley was obtained type) (Sauer 2010b, pers. comm.). manner by climate change. A shift in the through the Climate Wizard, in which Species that occupy only a single species’ geographic range may occur an average of all models was used to habitat for breeding are vulnerable due to an increase in temperature and display change in temperature. These should climate change reduce or drought, although climate change would data indicate a 3.9 °F increase in eliminate that habitat. While the likely not pose as great a risk to temperature for the 2050s and a 5.7 °F mountain plover has been often mountain plover habitat as it may to increase for the 2080s (TNC 2007). The described as a grassland obligate (i.e., is species in polar, coastal, or montane WRCC also documented in Imperial, dependent on grasslands for breeding), ecosystems. Nonnative and invasive California, a slight increasing trend in it also breeds in agricultural fields, and species, both plants and animals, could average precipitation (inches) from in semi-desert habitat. As such, we move into plover habitat as a result of

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changes in temperature or precipitation destruction of mountain plover nests, potential to work in concert to patterns and degrade nesting habitat or general awareness of MBTA protections synergistically produce threats to the compete with the mountain plover for and of efforts to protect nesting birds, mountain plover above those which we resources. A change in the timing of their nests, and their eggs may help have analyzed. We conclude that, at this availability of insects that mountain limit human disturbance to nesting time, there are no identifiable plover and their chicks rely on as a food mountain plover. cumulative impacts likely to threaten source could occur as a result of Andres and Stone (2009, p. 27) the existence of the mountain plover in changes in plant phenology. There is no suggested population-level effects from the foreseeable future. information available to suggest that any human disturbance were unlikely. We Summary of Factor E of these factors are impacting mountain conclude that while human-caused plover now or that they will likely disturbance may impact mountain We conclude that the best scientific impact the species in the foreseeable plover, such impacts are generally of and commercial information available future. limited scope, and human disturbance indicates that the mountain plover is Based on all the potential climate is not likely a significant threat to the not now, or likely in the future, change factors, a shift in range of the species. threatened by genetic stochasticity, its species could be possible, but there is typical lifespan, its site fidelity, Cumulative Impacts no information available to suggest that exposure to pesticides, selenium a net loss in occupied breeding habitat Some of the threats discussed in this toxicity, grasshopper and cricket or a significant impact to the status of finding could work in concert with one control, weather, climate change, or the species will result. Although another to cumulatively create human disturbance, or cumulative currently difficult to quantify, changes situations that potentially impact the impacts of potential threats such that in climate, including higher mountain plover beyond the scope of the species is in danger of extinction or temperatures, increasing stochastic each individual threat. For example, as likely to become so within the precipitation events, high winds, and discussed under Factor C, habitat foreseeable future. fragmentation, including energy increasing soil dryness, will likely lead Finding to a loss of agricultural production in development that both alters habitat and the Imperial Valley; however, wintering provides structure on which predators As required by the Act, we considered habitat seems adequate to support the could perch, could lead to increase in the five factors in assessing whether the species. The species is adaptable to a predation on the mountain plover. We mountain plover is endangered or wide array of climes, as evidenced by a have no data to determine if, or to what threatened throughout all, or a geographic range that includes 12 extent, such a scenario is likely to occur. significant portion of its range. We have States, Canada, and Mexico. Based on We conclude, at this time, that it does carefully examined the best scientific the best available information on not present a threat to the future and commercial information available climate change projections modeled existence of the mountain plover. regarding the status and past and over the next 40 to 70 years, we do not Similarly, under Factor A, we alluded present and future threats faced by the consider climate change to be a to the potential that in the Imperial mountain plover. We reviewed significant threat to the mountain plover Valley and other areas of California, information in our files, other available at this time. human development, solar published and unpublished development, changing agricultural information, and information provided Human Disturbance practices, water availability, and climate by interested parties following our Knopf and Wunder (2006) stated that change could interact to heighten February 16, 1999, and December 5, mountain plover on nests are extremely potential loss of mountain plover 2002, proposals to list the mountain tolerant of human disturbance from wintering habitat. In the future, plover (64 FR 7587 and 67 FR 72396, vehicles, tractors, and aircraft, but warming climate may necessitate use of respectively), and following our June 29, quickly moved away when approached more irrigation water for crops at the 2010, document (75 FR 37353) vacating by a human on foot. While adult same time that water availability our September 9, 2003, withdrawal (68 mountain plover would not likely be decreases due to expansion of human FR 53083) and reinstating our 2002 affected by humans on foot, eggs left population and related water demand. proposal. We also consulted with unprotected for a period of time could In our best judgment, agriculture in the Federal and State land managers. become overheated if exposed to direct Imperial Valley, and in other areas of There have been historical impacts to sun on hot days. California that support the mountain the mountain plover, in particular the It seems likely that heavy plover, are likely to be affected by some loss of much of the native prairie construction activities nearby could variation of the above scenario. ecosystem, including bison, prairie dog impact nesting mountain plover. Such However, specific changes in agriculture colonies, other native grazers, and activities are limited in scope across are uncertain. Seasonal change in timing wildfires that produced extensive mountain plover breeding habitat at any of crops, potential change toward those mountain plover habitat on the Great one time. In addition, timing crops needing less water, and changes Plains. However, past concerns stipulations that restrict construction in irrigation practices may or may not regarding continuing and future loss of related to oil and gas development, detract from available wintering habitat breeding habitat provided by black- wind-power development, and some for mountain plover. While tailed prairie dog colonies appears other activities in the vicinity of cumulatively, these factors will likely unfounded. Conversion to agriculture mountain plover during the nesting reduce the total area of wintering habitat remains insignificant across the season exist for some Federal lands available, we believe that sufficient area mountain plover’s breeding range. (Knopf and Wunder 2006). of appropriate agricultural habitat will Human development and resultant Mountain plover are only one of a persist to support wintering mountain impact to mountain plover breeding number of breeding bird species found plover. habitat in South Park, Colorado, has not in the habitats and locations where they We have not identified other likely occurred as previously anticipated, and nest. While prohibitions under the scenarios where the potential threats is not expected to do so in the MBTA govern direct mortality and the discussed in the five factors above have foreseeable future. Little evidence has

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surfaced to suggest that the mountain We estimate the current rangewide drive the species towards being plover’s substantial use of cultivated mountain plover breeding population to endangered in the foreseeable future; lands for breeding is problematic. The be over 20,000 birds. This is more than therefore, the species does not meet the potential for future energy development double the estimate of 8,000 to 10,000 definition of threatened. Therefore, we to adversely affect mountain plover and mountain plover that we cited in our find that listing the mountain plover as their habitat on their breeding or December 5, 2002, proposal to list the an endangered or threatened species is wintering ranges is not fully known and mountain plover as a threatened species not warranted throughout all or a requires continued research. However, (67 FR 72396). While we have no significant portion of its range at this studies to date do not lead us to evidence that an actual population time (see the Significant Portion of the conclude that these activities currently increase has occurred, a larger known Range discussion below). As such, we pose substantial threats to the mountain population provides added security withdraw our December 5, 2002, plover or will in the foreseeable future. from current and future potential proposed rule (67 FR 72396) to list the Climate change may impact the influences and threats. mountain plover as a threatened mountain plover, positively or Based on our review of the best species. negatively, in ways not yet envisioned. available scientific and commercial Distinct Vertebrate Population In the past, we were concerned that information pertaining to the five mountain plover life span was short Segments/Significant Portion of the factors, we find that the threats, alone or Range compared to other plovers and that this, cumulatively, are not of sufficient in combination with high breeding site imminence, severity, or magnitude to After assessing whether the species is fidelity, presented a threat to breeding indicate that the mountain plover is in endangered or threatened throughout its populations. Contrary to our previous danger of extinction, or likely to become range, we next consider whether a belief, the mountain plover is now endangered within the foreseeable distinct vertebrate population segment considered a relatively long-lived future, throughout all or a significant (DPS) or whether any significant portion species. Site fidelity and ability to seek portion of it range. The mountain plover of the mountain plover range meets the out alternative sites for breeding does has experienced historical losses of definition of endangered or is likely to not appear to be a concern. Based on native habitat resulting in a significant become endangered in the foreseeable new information regarding life span, site decline in the rangewide population. future (threatened). fidelity, and dispersal, we no longer However, BBS survey results suggest believe that these aspects of the Distinct Vertebrate Population Segment that the recent (1999 through 2009) rate mountain plover’s life history represent Under the Service’s Policy Regarding of decline has moderated (see any threat to the species. Lastly, recent the Recognition of Distinct Vertebrate Population Size and Trends above). We information confirms that some Population Segments Under the have no evidence that potential threats mountain plover are exposed to Endangered Species Act (61 FR 4722, (as discussed in Factors A, B, C, D, and pesticides, but no evidence of impacts February 7, 1996), three elements are E) are acting on the species or its habitat to individuals, local populations, or considered in the decision concerning in a way that would reverse this positive rangewide impacts to the species have the establishment and classification of a trend or result in an increased rate of been demonstrated. possible DPS. These are applied population decline within the The current status of the mountain similarly for additions to or removal foreseeable future. The currently plover does not suggest that future from the Federal List of Endangered and estimated rangewide mountain plover habitat changes, or the combination of Threatened Wildlife. These elements population, more than 20,000 breeding climate change and habitat changes will include: result in significant population-level birds, is more than double that (1) The discreteness of a population in impacts in the foreseeable future. Their estimated in 2002, providing the species relation to the remainder of the species geographically widespread breeding and with added security should increased to which it belongs; wintering locations, and ability to use a threats to its wellbeing arise. As stated (2) The significance of the population variety of habitats, contribute to their above, the mountain plover’s segment to the species to which it security. During breeding, they utilize geographically widespread breeding and belongs; and short- and mixed-grass prairie, prairie wintering ranges, and ability to exploit (3) The population segment’s dog colonies, agricultural lands, and a variety of habitats, contribute to its conservation status in relation to the semi-desert (Dinsmore 2003, pp. 14–17). security. According to the Act, the term Act’s standards for listing, delisting, or The variety of habitats in which they ‘‘endangered species’’ means any species reclassification (i.e., is the population successfully breed suggests that threats which is in danger of extinction segment endangered or threatened). affecting one habitat type would not throughout all or a significant portion of greatly increase the mountain plover’s its range; the term ‘‘threatened species’’ Discreteness vulnerability to extinction. Mountain means any species which is likely to Under the DPS policy a population plover have proven to be adaptable to become an endangered species within segment of a vertebrate taxon may be many human activities, such as using the foreseeable future throughout all or considered discrete if it satisfies either crop fields for breeding and wintering, a significant portion of its range. We one of the following conditions: and benefitting from some cattle grazing conclude that the mountain plover does (1) It is markedly separated from other practices. Over time, the extent of not meet the definition of endangered, populations of the same taxon as a wintering habitat in California is likely because there is an apparent trend consequence of physical, physiological, to decline, but wintering mountain toward stability of the species’ ecological, or behavioral factors. plover exploit a variety of grassland, rangewide population, it remains Quantitative measures of genetic or rangeland, crop fields, and semi-desert widespread over both its breeding and morphological discontinuity may landscapes from the Gulf Coast to the wintering ranges, and it can exploit a provide evidence of this separation. Pacific Ocean. We conclude that any variety of habitats including areas of (2) It is delimited by international foreseeable future declines in wintering human disturbance. In addition, we governmental boundaries within which habitat, in California or elsewhere, are have found no threats acting on the differences in control of exploitation, unlikely to imperil the mountain plover. mountain plover in a way that would management of habitat, conservation

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status, or regulatory mechanisms exist mechanisms). Therefore, we do not threats applies only to portions of the that are significant in light of section believe that international boundaries range that are unimportant to the 4(a)(1)(D) of the Act. provide evidence of discrete mountain viability of the species, such portions We do not consider any population plover populations. will not warrant further consideration. segment of mountain plover to be We determine, based on a review of We next address whether any portions markedly separated from other the best available information, that no of the mountain plover’s range warrant populations of the same taxon as a mountain plover population segments further consideration. On the basis of consequence of physical, physiological, meet the discreteness conditions of the our review, we found no geographic ecological, or behavioral factors. 1996 DPS policy. Therefore, no concentration of threats on breeding or Mountain plover are naturally mountain plover population segment wintering habitat such that the distributed across a large landscape in a qualifies as a DPS under our policy, and subspecies may be in danger of discontinuous fashion. Available no DPS is a listable entity under the Act. extinction in that portion. Although the breeding and wintering habitats exist in The DPS policy is clear that mountain plover’s wintering habitat in a constantly shifting mosaic of suitable significance is analyzed only when a California is likely to decrease in the habitat throughout the western Great population segment has been identified future because of changes in land use Plains and Rocky Mountain States from as discrete. Because we found that no and agriculture, we have determined Canada to Mexico. As an avian species, mountain plover populations meet the that the likely extent of change will not mountain plover are able to move long discreteness element and, therefore, do result in a significant threat to the distances during migration, and to not qualify as a DPS under the Service’s species’ ability to maintain a wintering return to different geographical areas for DPS policy, we will not conduct an population in California. Similarly, we breeding or wintering. evaluation of significance. found that there is no area within the Although there is some evidence that Significant Portion of the Range breeding range of the mountain plover mountain plover exhibit some site where the potential threat of changes to The Act defines an endangered fidelity to their breeding areas (Graul habitat are concentrated or may be species as one ‘‘in danger of extinction 1973, p. 71; Skrade and Dinsmore 2010, substantially greater than in other throughout all or a significant portion of p. 672), other studies have shown that portions of the range. The factors its range,’’ and a threatened species as the species can disperse over relatively affecting the species are essentially one ‘‘likely to become an endangered long distances (Knopf and Wunder uniform throughout its range, indicating 2006; Bly 2010b, pers. comm.). There species within the foreseeable future throughout all or a significant portion of that no portion of the mountain plover’s are no known barriers to movement range warrants further consideration of throughout the geographic range of the its range.’’ The term ‘‘significant portion of its range’’ is not defined by the possible endangered or threatened species. Wunder (2007, p. 118) status. concluded that there is widespread statute. For the purposes of this finding, a significant portion of a species’ range We request that you submit any new mixing of mountain plover populations information concerning the status of, or in winter and that birds may use is an area that is important to the conservation of the species because it threats to, the mountain plover to our alternate wintering sites in different Colorado Ecological Services Office (see years. A genetic study using nuclear contributes meaningfully to the ADDRESSES) whenever it becomes microsatellites concluded that mountain representation, resiliency, or redundancy of the species. The available. New information will help us plover across sampled breeding monitor the mountain plover and locations in Colorado and Montana contribution must be at a level such that encourage its conservation. If an comprised a single, relatively its loss would result in a significant emergency situation develops for the homogenous gene pool (Oyler-McCance decrease in the viability of the species. mountain plover or any other species, et al. 2008, pp. 496–497). Results If an analysis of whether a species is we will act to provide immediate suggested that there was sufficient gene endangered or threatened in a protection. flow among breeding areas to offset significant portion of its range is genetic effects of small populations and appropriate, we engage in a systematic References Cited process that begins with identifying any reported adult fidelity to breeding areas A complete list of references cited is (Oyler-McCance et al. 2008, pp. 496– portions of the range of the species that warrant further consideration. The range available on the Internet at http:// 497). www.regulations.gov and upon request The mountain plover spans of a species can theoretically be divided from the Colorado Ecological Services international boundaries between the into portions in an infinite number of Office (see ADDRESSES). United States, Canada, and Mexico; ways. However, there is no purpose in however, the vast majority of occupied analyzing portions of the range that are Authors breeding habitat occurs in the United not reasonably likely to be significant The primary authors of this document States with few breeding records in and endangered or threatened. To are the staff members of the Colorado Canada and Mexico. Mexico likely identify only those portions that warrant Ecological Services Office (see winters a substantial number of further consideration, we determine ADDRESSES). mountain plover that breed in the whether there is substantial information United States. The known relative indicating that (i) the portions may be Authority distribution of mountain plover between significant and (ii) the species may be in The authority for this section is the three countries has remained fairly danger of extinction there or likely to section 4 of the Endangered Species Act constant in recent years. Additionally, become so within the foreseeable future. of 1973, as amended (16 U.S.C. 1531 et we are not aware of any differences in In practice, a key part of this analysis is seq.). control of exploitation, management of whether the threats are geographically habitat, conservation status, or concentrated in some way. If the threats Dated: April 29, 2011. regulatory mechanisms that exist in to the species are essentially uniform Rowan W. Gould, Canada or Mexico that are significant in throughout its range, no portion is likely Acting Director, Fish and Wildlife Service. light of section 4(a)(1)(D) of the Act (the to warrant further consideration. [FR Doc. 2011–11056 Filed 5–11–11; 8:45 am] inadequacy of existing regulatory Moreover, if any concentration of BILLING CODE 4310–55–P

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