Vol. 79 Friday, No. 192 October 3, 2014

Part V

Department of the Interior

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

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DEPARTMENT OF THE INTERIOR October 3, 2013, we published in the Peer review and public comment. We Federal Register a proposed rule (78 FR sought comments from independent Fish and Wildlife Service 61621) to list the western DPS of the specialists to ensure that our yellow-billed cuckoo (hereafter referred determination is based on scientifically 50 CFR Part 17 to as western yellow-billed cuckoo). sound data, assumptions, and analyses. [Docket No. FWS–R8– ES–2013–0104; This rule finalizes our determination for We invited these peer reviewers to 4500030113] listing the western yellow-billed comment on our listing proposal. We cuckoo. also considered all other comments and RIN 1018–AY53 The basis for our action. Under the information we received during the Endangered Species Act, we can three open comment periods. We have Endangered and Threatened Wildlife determine that a species is an considered and incorporated any and Plants; Determination of endangered or threatened species based pertinent information from all Threatened Status for the Western on any of five factors: (A) The present comments and information we received Distinct Population Segment of the or threatened destruction, modification, into this final rule. See the Summary of Yellow-billed Cuckoo (Coccyzus or curtailment of its habitat or range; (B) Comments and Recommendations americanus) overutilization for commercial, section, below, for a summary of AGENCY: Fish and Wildlife Service, recreational, scientific, or educational comments we received on the proposed Interior. purposes; (C) disease or predation; (D) listing. ACTION: Final rule. the inadequacy of existing regulatory mechanisms; or (E) other natural or Previous Federal Actions SUMMARY: We, the U.S. Fish and manmade factors affecting its continued On October 3, 2013, the proposed rule Wildlife Service (Service), determine existence. to list the western yellow-billed cuckoo threatened status under the Endangered We have determined that the western as a threatened species under section 4 Species Act of 1973 (Act), as amended, yellow-billed cuckoo meets the of the Act (16 U.S.C. 1531 et seq.) was for the western distinct population definition of a threatened species and is published in the Federal Register (78 segment (DPS) of the yellow-billed likely to become endangered throughout FR 61621). This rule finalizes the cuckoo (Coccyzus americanus), a its range within the foreseeable future, Federal action for this species. For species located from the western based on the immediacy, severity, and additional information on previous portions of the United States, Canada, scope of the threats to its continued Federal actions for the western yellow- and Mexico. This final rule implements existence. These include habitat loss billed cuckoo, please see the 12-month the Federal protections provided by the associated with manmade features that petition finding (66 FR 38611; July 25, Act for this DPS. alter watercourse hydrology so that the 2001) and proposed listing rule (78 FR DATES: This rule is effective November natural processes that sustained riparian 61621; October 3, 2013). 3, 2014. habitat in western North America are We proposed critical habitat for the greatly diminished. Loss and western DPS of the yellow-billed cuckoo ADDRESSES: This final rule is available degradation of habitat has also occurred on August 15, 2014 (79 FR 48547). on the Internet at http:// as a result of livestock overgrazing and www.regulations.gov and at the encroachment from agriculture. These Background Sacramento Fish and Wildlife Office at losses are exacerbated by the conversion In this section of the final rule, it is http://www.fws.gov/sacramento/. of native habitat to predominantly our intent to discuss only those topics Comments and materials received, as nonnative vegetation. Habitat loss directly relevant to the listing of the well as supporting documentation used results in the additional effects western yellow-billed cuckoo as a in the preparation of this rule, will be associated with small and widely threatened species. Please refer to the available for public inspection, by separated habitat patches such as proposed listing rule for the western appointment, during normal business increased predation and reduced yellow-billed cuckoo for detailed hours at: U.S. Fish and Wildlife Service, dispersal potential. This threat is background and species information (78 Sacramento Fish and Wildlife Office, particularly persistent where small FR 61621; October 3, 2013). 2800 Cottage Way, Room W–2605, habitat patches are in proximity to Species Information Sacramento, CA 95825; by telephone human-altered landscapes, especially 916–414– 6600; or by facsimile 916– agricultural fields, resulting in the The yellow-billed cuckoo (Coccyzus 414–6712. potential for pesticides to poison americanus) is a member of the avian FOR FURTHER INFORMATION CONTACT: individual western yellow-billed family Cuculidae and is a Neotropical Jennifer Norris, Field Supervisor, cuckoos and reduce their prey base. migrant bird that winters in South Sacramento Fish and Wildlife Office What the rule does. We are making a America and breeds in North America. (see ADDRESSES). If you use a final listing determination regarding the Yellow-billed cuckoos spend the winter telecommunications device for the deaf western distinct population segment of in South America, east of the Andes, (TDD), call the Federal Information the U.S. population of the yellow-billed primarily south of the Amazon Basin in Relay Service (FIRS) at 800– 877–8339. cuckoo pursuant to the Endangered southern Brazil, Paraguay, Uruguay, SUPPLEMENTARY INFORMATION: Species Act. This species occurs in the eastern Bolivia, and northern Argentina western United States, Canada, and (Ehrlich et al. 1992, pp. 129–130; Executive Summary Mexico. The western U.S. States include American Ornithologists’ Union (AOU) Why we need to publish a rule. Under Washington, Idaho, Montana, Oregon, 1998, p. 247; Johnson et al. 2008b, pp. the Endangered Species Act, a species California, Nevada, Wyoming, Utah, 18–29). The breeding range of the entire may warrant protection through listing Colorado, Arizona, New Mexico, and species formerly included most of North if it is endangered or threatened Texas. This document adds the western America from southeastern and western throughout all or a significant portion of DPS of the yellow-billed cuckoo Canada (southern Ontario, Quebec, and its range. Listing a species as an (Coccyzus americanus) as a threatened southwestern British Columbia) south endangered or threatened species can species to the List of Endangered and throughout the continental United only be completed by issuing a rule. On Threatened Wildlife (50 CFR 17.11(h)). States to the Greater Antilles and

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northern Mexico (AOU 1957, pp. 269– rule, concluded that close examination To establish the range of the 270; AOU 1983, p. 284; AOU 1998, p. of the DNA studies conducted to date on population segment under 247). Currently, the species no longer cuckoos infers a deeper genetic consideration, we used the area breeds in western Canada and the divergence between western and eastern occupied by the western yellow-billed northwestern continental United States cuckoos that with further analysis cuckoo (the subspecies) originally (Washington, Oregon, and Montana). would likely support division of the defined by Ridgway (1887, p. 273) and Adult yellow-billed cuckoos have a yellow-billed cuckoo into two later refined by other researchers (AOU fairly stout and slightly down-curved subspecies. She indicated that genetic 1957, pp. 269–270; Oberholser and bill; a slender, elongated body with a markers used in all three previously Kincaid 1974, pp. 434–435; Hughes long-tailed look; and a narrow yellow conducted genetics studies evolve too 1999, Figure 1). After careful ring of colored, bare skin around the slowly to reveal genetic structure within consideration of other possible eye. The plumage is loose and grayish- the species. She recommended that population segment configurations, we brown above and white below, with future studies use microsatellite determined that the Continental Divide reddish primary flight feathers. The tail techniques because they would be more (generally the crest of the Rocky feathers are boldly patterned with black informative to a study of DNA at the Mountains based on watershed and white below. They are a medium- subspecies level. The existing DNA boundaries), the watershed divide sized bird about 12 inches (in) (30 studies, however, show that western between the Rio Grande and Pecos centimeters (cm)) in length, and about 2 yellow-billed cuckoos have developed River, and the Chihuahuan Desert in ounces (oz) (60 grams (g)) in weight. The unique genetic haplotypes not present Mexico was the best division between bill is blue-black with yellow on the in eastern cuckoos and that these are eastern and western populations. The basal half of the lower mandible. The reflected in phenotypic (outwardly area that we are considering occupied legs are short and bluish-gray. All visible) divergence that has been by the potential western DPS for the cuckoos have a zygodactyl foot with two observed between eastern and western yellow-billed cuckoo is closely aligned toes pointing forwards and two toes yellow-billed cuckoos. Please refer to with the traditionally defined range of pointing backwards. Juvenile yellow- the October 3, 2013, proposed listing the western yellow-billed cuckoo billed cuckoos resemble adults, except rule (78 FR 61624–61645) for a more subspecies as partially described in the the tail patterning is less distinct and detailed discussion of information on July 25, 2001, 12-month finding (66 FR the lower bill has little or no yellow. taxonomy for the species. 38611). Our goal is to determine if this Males and females differ slightly and are Distinct Vertebrate Population Segment western population meets the criteria of indistinguishable in the field (Hughes Analysis a DPS and, if so, whether the range 1999, pp. 2–3). boundaries identified in the literature Typically a secretive and hard-to- Under the Act, we must consider are appropriate for the boundary of the detect bird, adult yellow-billed cuckoos listing any species, subspecies, or, for DPS. This DPS analysis is based solely have a distinctive ‘‘kowlp’’ call, which vertebrates, any DPS of these taxa if on the range during the breeding season is a loud, nonmusical series of notes there is sufficient information to because the migration route and winter that slows down and slurs toward the indicate that such action may be range of western yellow-billed cuckoos end. Yellow-billed cuckoos advertise for warranted. To implement the measures are poorly known. a mate using a series of soft ‘‘cooing’’ prescribed by the Act and its notes, which they give at night as well Congressional guidance, we (along with The geographical breeding range of as during daytime. Both members of a the National Marine Fisheries Service) the yellow-billed cuckoo in western pair use a soft knocking call as a contact developed policy that addresses the North America includes suitable habitat or warning call near the nest (Hughes recognition of DPSs for potential listing within the low- to moderate-elevation 1999, pp. 8–9). Please refer to the actions (61 FR 4722; February 7, 1996). areas west of the crest of the Rocky October 3, 2013, proposed listing rule The policy allows for more refined Mountains in Canada, Mexico, and the (78 FR 61623–61642) for additional application of the Act that better reflects United States, including the upper and species information. the biological needs of the taxon being middle Rio Grande, the Colorado River considered, and avoids the inclusion of Basin, the Sacramento and San Joaquin Taxonomy entities that do not require its protective River systems, the Columbia River Recent research on yellow-billed measures. system, and the Fraser River. In Mexico, cuckoo genetics using mitochondrial Before we can evaluate whether a the range includes the Cape Region of DNA did not find any fixed genetic given population segment is a DPS Baja California Sur, and river systems in differences between eastern and western under the Act, we must first determine the Mexican States of Sonora, Sinaloa, yellow-billed cuckoos (Farrell 2013, pp. if any population segments exist for the western Chihuahua, and northwestern 165–170). The author concluded that vertebrate species. As discussed in the Durango. Eastern yellow-billed cuckoos the separation into distinct subspecies Taxonomy section of the proposed rule (Coccyzus americanus americanus) may be too recent to be expressed in a (78 FR 61621; October 3, 2013), much of breed east of the Rocky Mountains; single mitochondrial gene and the available scientific information north to North Dakota and southern recommended future studies using next- supports the yellow-billed cuckoos that Ontario, Canada; south to eastern generation sequencing techniques. nest in western North America as a Mexico; and on the islands of the Avian geneticist Janice Hughes, Ph.D., a biologically separate population Caribbean (AOU 1957, pp. 269–270) peer reviewer of the proposed listing segment. (Figure 1).

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Under our DPS policy, three elements Discreteness America by the high-elevation zone of are considered in a decision regarding the Rocky Mountains. Yellow-billed the status of a possible DPS as Under our DPS Policy, a population cuckoos breed both east and west of the segment of a vertebrate species may be endangered or threatened under the Act. crest of the Rocky Mountains, where considered discrete if it satisfies either The elements are: (1) Discreteness of the suitable habitat occurs (Johnsgard 1986, of the following two conditions: (1) It is population segment in relation to the p. 201). We generally define the crest of markedly separated from other remainder of the species to which it the Rocky Mountains and Continental populations of the same taxon as a belongs; (2) the significance of the Divide as the high-elevation zone consequence of physical, physiological, population segment to the species to between the drainages flowing west and ecological, or behavioral factors east in the United States, Canada, and which it belongs; and (3) the population (quantitative measures of genetic or segment’s conservation status in relation Mexico, although some areas such as morphological discontinuity may near the Sangre de Cristo Range in to the Act’s standards for listing. In provide evidence of this separation); or other words, if we determine that a southern Colorado and northern New (2) it is delimited by international Mexico is east of the east-flowing Rio population segment of a vertebrate governmental boundaries within which species being considered for listing is Grande River. The division between the significant differences in control of western and eastern population both discrete and significant, we would exploitation, management of habitat, segments spans a distance of about conclude that it represents a DPS, and conservation status, or regulatory 2,200 miles (mi) (3,540 kilometers (km)) thus a ‘‘species’’ under section 3(16) of mechanisms exist that are significant in from southwest British Columbia near the Act, whereupon we would evaluate light of section 4(a)(1)(D) of the Act. the Canadian border along the crest of the level of threat to the DPS based on The analysis of the population the Rocky Mountains based on the five listing factors established under segment of the yellow-billed cuckoo in watershed boundaries, south along the section 4(a)(1) of the Act to determine western North America is based on the Rio Grande-Pecos Rivers watershed whether listing the DPS as an first of those two conditions, the marked divide to the United States-Mexico ‘‘endangered species’’ or a ‘‘threatened separation from other populations. From border in the Big Bend area of Texas, species’’ is warranted. southwest British Columbia along the then into Mexico along the eastern and Below, we evaluate under our DPS Canadian border to the southern end of southern boundaries of the State of policy whether the population segment the Sangre de Cristo Mountains in Chihuahua south to the southern border of yellow-billed cuckoos that occurs in northern New Mexico, nesting yellow- of the State of Durango and to the the western United States, northwestern billed cuckoos in western North Pacific Ocean along the southern border Mexico, and southwestern Canada America are separated from nesting of the State of Sinaloa. The distance of qualifies as a DPS under the Act. yellow-billed cuckoos in eastern North separation between breeding yellow-

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billed cuckoos in the east and west Lower Green River Basin from the eastern North America have colonized varies along this division from 160 mi Seedskadee National Wildlife Refuge the Pecos River system. Much of the (257 km) to more than 400 mi (644 km), (NWR) to the Flaming Gorge Reservoir area between the Pecos River and the and consists entirely of areas of and west to the Bear River Drainage in Rio Grande in New Mexico and Texas unoccupied, unsuitable habitat for Wyoming; along the Yampa River near consists of internal ephemeral drainages breeding yellow-billed cuckoos. The one Craig in northwest Colorado, and the that are not connected to any major river exception to this distance of separation Rio Grande River near Del Norte, and systems and have no riparian habitat. is along the Rio Grande in Brewster San Luis Valley of south-central Considering these factors along with the County, in southwestern Texas, where Colorado; and the Henry’s Fork River in information on physical factors, we eastern yellow-billed cuckoos breed as Utah and Wyoming. Nevertheless, most have included Texas west of the Rio far west as Rio Grande Village and of the crest of the Rocky Mountains Grande-Pecos River watershed boundary western yellow-billed cuckoos are found includes a wide region of higher within the range of the western upstream along the river approximately elevation where habitat for the species population. This physical division 50 mi (80 km) to the west. does not occur. In Colorado and coincides with behavioral differences Yellow-billed cuckoos historically Wyoming, the region above 6,000 ft between eastern and western yellow- bred at the southern tip of Vancouver (1,850 m) is typically more than 150 mi billed cuckoos, as discussed below. Island and in the Fraser River valley (240 km) wide on an east-west axis South of the United States-Mexico north to Kamloops in southwestern (Oxford 1995, p. 82). border, yellow-billed cuckoos are British Columbia, Canada (Bent 1940, p. The separation of the western yellow- separated by extensive areas of desert 64; Campbell et al. 1990, p. 481). The billed cuckoo population segment from that lack suitable nesting and foraging species was apparently never common, yellow-billed cuckoos in the eastern habitat. In Mexico, the Chihuahuan with 23 records (18 specimen and 5 population segment continues south Desert widens to 350 mi (563 km), and sight records) between 1881 and 1927. along the crest of the Rockies into includes nearly all of the States of Two of these observations were of pairs southern Colorado and northern New Chihuahua and Coahuila. There are very believed to be nesting but not Mexico, then the Rocky Mountains end few records of yellow-billed cuckoos for confirmed. Since the 1920s, the species and the separation is along the this region, and we are not aware of any has been recorded five times in British watershed boundary between the Rio nesting records for either State. Suitable Columbia, with four of those records Grande and the Pecos Rivers in central breeding habitat or connective riparian occurring since 1990 from the eastern New Mexico (Sangre de Cristo corridors are also lacking. Published half of the Province in areas not Mountains), and southwest Texas, range maps for the species do not considered breeding habitat (Campbell terminating at the Rio Grande in the Big include the eastern three-quarters of et al. 1990, p. 481; Siddle 1992, p. 1169; Bend National Park. In this region, the Chihuahua or the western three-quarters Cornell Lab of Ornithology 2012). eastern and western yellow-billed of Coahuila as part of the species’ Today, the species is considered cuckoo populations are separated by breeding range (Howell and Webb 1995, extirpated as a breeder from the arid basins and isolated mountain p. 347; Hughes 1999, p. 1). There are Province, but adult, nonbreeding ranges that emerge from a high desert only 12 records of yellow-billed cuckoos individuals still occur irregularly plateau. These mountain ranges from from Chihuahua: 11 specimens from the (British Columbia Conservation Data north to south include the Sangre de 1940s to 1960, and a sight observation Centre 2013). Cristo Mountains and Sacramento in 2003. There are only nine records of In the northern Rocky Mountains and Mountains in central and southern New the species from Coahuila: six specimen northern Great Plains—from the Canada Mexico, the Guadalupe Mountains and and three sight records (1958, 1988, and border south through Colorado—the Delaware Mountains on the Texas-New 2011). Three of the specimens from yellow-billed cuckoo is ‘‘extremely rare Mexico border, and the Davis Coahuila were identified as eastern and local’’ as a breeding bird both east Mountains, Del Norte Mountains, and yellow-billed cuckoos on their museum and west of the Rocky Mountains Santiago Mountains in western Texas records, and the others were not (Hughes 1999, p. 3). While the species south to the Chisos Mountains in the identified to subspecies. Seven breeds locally in river valleys in Big Bend National Park on the border specimens from Chihuahua were southern Idaho, southwestern Wyoming, with Mexico. identified to subspecies and six of these western Colorado, and in Utah (Hughes In southern New Mexico and western were considered the western subspecies. 1999, pp. 1–3), it is quite rare or absent Texas where western yellow-billed It is likely that many, if not most, of the within the higher Rocky Mountains cuckoos nest along the Rio Grande and records from this region are of migrating (Johnsgard 1986, p. 201). An eastern yellow-billed cuckoos nest along yellow-billed cuckoos, as 16 are from examination of the distributional the Pecos River, the geographical May to mid-June or from late records for the Rocky Mountain region separation is as little as 160 mi (257 km) September, and only 5 are from late indicates that the area has had few and even closer along the Rio Grande June or July, the primary breeding records of yellow-billed cuckoos and the (50 mi; 80 km). The closer proximity of season. species is even scarcer at elevations western and eastern yellow-billed From this information we concluded above approximately 6,000 feet (ft) cuckoos in this region may be caused in that the Chihuahua-Coahuila border was (1,850 meters (m)), and almost never part by the lower height of the mountain the most biologically supportable breeds above 7,000 ft (2,154 m) (Bailey range being a less effective barrier boundary for the population segment. 1928, pp. 307–309; Phillips et al. 1964, (Hubbard 1978, p. 32; Howe 1986, p. 2). The boundary then follows the southern p. 45; Bailey and Niedrach 1965, pp. Historically, this gap was wider, border of Chihuahua west to the 404–406; Johnsgard 1986, p. 201; because the banks of the Pecos River did Continental Divide, then south along the Corman and Magill 2000, pp. 10, 15; not have riparian woodland and the area divide through the State of Durango and Howe and Hanberg 2000, p. 1–20). was not used by the species. Today, the west along the southern border of Exceptions to the elevational limit do riverine habitat along the Pecos River Durango and Sinaloa. There are no occur and recent records of yellow- consists primarily of introduced breeding season records for yellow- billed cuckoos have been confirmed tamarisk (Tamarix spp.), and it is billed cuckoos from the State of Nayarit above 6,000 ft (1,850 m) in the areas of thought that yellow-billed cuckoos from or Jalisco or farther south along the

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Pacific coast of Mexico. The species has addition to separating morphological western populations and eastern occurred sporadically in the State of differences. populations. Zacatecas, but the records are from east Information, including timing of Under our DPS policy, the standard of the Continental Divide. migration, indicates that yellow-billed for discreteness does not require Eastern and western yellow-billed cuckoos from Texas west of the Pecos absolute separation because this can cuckoos are highly migratory, and the River (from the Rio Grande upstream of rarely be demonstrated for any two populations may spend winters in Big Bend) and from northwestern population of organism. For the yellow- overlapping regions in South America. Mexico (Chihuahua, Sonora, Sinaloa, billed cuckoo populations in western However, we do not have information to Durango, Baja California Sur) exhibit North America, we have met this indicate that there is anything more greater similarity to yellow-billed standard, and, therefore, we consider than an extremely low level of cuckoos in western North America, and the western population segment of the interchange (if any at all) between the those on the Pecos River in Texas and yellow-billed cuckoo from southern two populations during the breeding eastern Mexico (Coahuila, Nuevo Leon, British Columbia, Canada south along season. This conclusion is supported by Tamaulipas, San Luis Potosi) are more the Continental Divide (including the differences in habitat use and similar to yellow-billed cuckoos in the Rio Grande basin) in the United States morphology, which are genetically east (Wauer 1971, p. 96; Oberholser and into Mexico, and ending at the coast in controlled traits, as discussed in the Kincaid 1974, pp. 434–435; Franzreb the State of Sinaloa, Mexico, to be following sections. and Laymon 1993, pp. 17–28; Hughes discrete per our DPS policy. We Although the Rocky Mountains and 2000, in litt. pp. 1–2, 26; Sproul 2000, conclude that the western population the Chihuahuan Desert may not wholly in litt., pp. 1–5). Based on the best segment of the yellow-billed cuckoo is prevent movement of yellow-billed available science, the watershed discrete from the remainder of the cuckoos between the east and west, boundary between the Rio Grande and species because the yellow-billed Pecos Rivers is the optimum dividing cuckoo population segment that nests especially in a migratory species that line between eastern and western west of the Continental Divide (as winters far to the south, and moves yellow-billed cuckoo in this area. defined above) and in northwestern thousands of miles between its Based on migration timing, yellow- Mexico is markedly separated wintering and breeding grounds, the billed cuckoos split into two geographically and behaviorally from all available information indicates that this populations. This split occurs along the other populations of yellow-billed mountain range and desert substantially line that corresponds with the cuckoo, including those that nest in separates yellow-billed cuckoo traditional subspecies boundary (see eastern North America. populations during the breeding season, Figure 1, above). thereby effectively separating them into Significance discrete populations. The separation Discreteness Conclusion Under our DPS policy, once we have between yellow-billed cuckoo The available information indicates determined that a population segment is population segments in the east and that the yellow-billed cuckoo discrete, we consider its biological and west is a physical one that is maintained population segment that occurs west of ecological significance to the larger by their behavioral differences, which the Continental Divide (as defined taxon to which it belongs. Our DPS we discuss below. above) in the United States, in policy provides several potential Behavioral Discreteness southwestern Canada, and in considerations that may demonstrate the northwestern Mexico is markedly significance of a population segment to Data collected from publications and separated from the eastern population the remainder of its taxon, including: (1) other sources demonstrate the existence segment of yellow-billed cuckoo, Evidence of the persistence of the of behavioral differences between including those that nest in eastern discrete population segment in an yellow-billed cuckoos in the east and North America, eastern Mexico, certain ecological setting unusual or unique for west. Caribbean Islands, and the Yucatan the taxon, (2) evidence that loss of the Yellow-billed cuckoo populations in Peninsula. The distribution of the discrete population segment would the east and west differ in the timing of western populations is markedly result in a significant gap in the range arrival on the breeding grounds in the separated physically (geographically) of the taxon, (3) evidence that the spring. Yellow-billed cuckoos in during the breeding season from the population segment represents the only western North America arrive on the distribution of other yellow-billed surviving natural occurrence of a taxon breeding grounds 4 to 8 weeks later than cuckoo populations by high mountains, that may be more abundant elsewhere as eastern yellow-billed cuckoos at similar extensive desert, or nonhabitat areas an introduced population outside its latitude (Franzreb and Laymon 1993, with the shortest geographical historic range, or (4) evidence that the pp. 24–25; Hughes 1999, pp. 5–6, 12–13; separation occurring across 160 mi (257 discrete population segment differs Laymon 2000, in. litt., pp. 15–16). km) of desert between the Pecos River markedly from the remainder of the Timing of spring migration and arrival and Rio Grande in southern New species in its genetic characteristics. on the breeding grounds has been Mexico and western Texas with the We have found substantial evidence determined to be the result of an exception of nesting of western yellow- that two of these four significance evolved response under genetic control, billed cuckoos near Big Bend National criteria (numbers 2 and 4) are met by the and is likely caused by east-west Park in Texas. Evidence that this discrete population segment of yellow- climatic, habitat, and food availability geographical separation between billed cuckoos that occurs west of the differences (Cresswell et al. 2011, pp. populations has been consistent through Continental Divide (as defined above). 13–15; Pulido et al. 2001). The time may be found in the differences in We address these significance factors watershed boundary between the Rio the two populations’ biology and below as they relate to the population Grande and the Pecos Rivers also morphology. Even in this area of closest segment of western yellow-billed appears to separate yellow-billed proximity, information on genetically cuckoo. We focus on whether the loss of cuckoos that arrive in spring migration controlled behavior available in the this population segment would result in earlier on the Pecos River and those that scientific literature provides evidence of a significant gap in the range of the arrive later on the Rio Grande in a biological separation between the taxon and evidence that the discrete

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population segment differs from other appeared to take place in extreme • Adult yellow-billed cuckoos in the population segments in its genetic western New Mexico or extreme eastern west have a lower mandible that is characteristics in demonstrating Arizona (Banks 1988, p. 476). A orange-yellow, while yellow-billed significance of the DPS. subsequent analysis, based on available cuckoos in the east have lower specimens from New Mexico and mandibles that are bright yellow Evidence That Loss of the Discrete western Texas, showed the watershed (Franzreb and Laymon 1993, p. 26; Population Segment Would Result in a boundary between the Pecos River and Laymon 2000, in litt., p. 14). Significant Gap in the Range of the the Rio Grande as the apparent • As noted previously, adult yellow- Taxon boundary between the smaller eastern billed cuckoos in the west are larger and Loss of the discrete population and larger western birds, with a majority heavier, on average, than adult yellow- segment would result in a significant of yellow-billed cuckoos on the Rio billed cuckoos in the east. More than 80 gap in the range of the taxon because an Grande above Big Bend being larger percent of individuals can be assigned extensive area would be without yellow- western birds (63 percent, n=19) and the to east or west based on morphological billed cuckoos if the western population majority of yellow-billed cuckoos on the measurements (see also Oberholser and segment were lost. Seven entire States Pecos River being smaller eastern birds Kincaid 1974, pp. 434–435; Banks 1988, and substantial portions of five (82 percent, n=11) (Franzreb and pp. 473–477; 1990, p. 538; Franzreb and additional States in the United States, Laymon 1993, p. 25). This is the only Laymon 1993, pp. 17–28). The size and six States in Mexico, that are area where the ranges of the western differences between eastern and western currently occupied would have no and eastern population segments are in cuckoos are discussed in detail in the breeding populations of the species. close proximity; elsewhere the two Taxonomy section of the proposed rule Bird migration experts divide the North populations are separated by wide (78 FR 61624–61625; October 3, 2013). American continent into four migratory expanses of unsuitable, unoccupied Information, including morphology, flyways: The Atlantic, Mississippi, habitat (see Figure 1, above). indicates that yellow-billed cuckoos Central, and Pacific. The range of the One peer reviewer measured 35 from Texas west of the Pecos River yellow-billed cuckoo west of the Rocky cuckoos from the Rio Grande and 25 (from the Rio Grande upstream of Big Mountains covers the entire Pacific cuckoos from the Pecos River in the Bend) and from northwestern Mexico flyway and half of the Central flyway. field. With the exception of wing and (Chihuahua, Sonora, Sinaloa, Durango, Additionally, the range of the yellow- tail measurements, accurate Baja California Sur) exhibit greater billed cuckoo west of the Rocky measurements are hard, if not similarity to yellow-billed cuckoos in Mountains covers 1,350,000 square (sq) impossible, to obtain from live birds western North America, and those on mi (3,496,500 sq km), or approximately under field conditions. Male and female the Pecos River in Texas and eastern 40 percent of the lower 48 States. Even cuckoos averaged longer wings and tails Mexico (Coahuila, Nuevo Leon, though the actual area occupied by the on Rio Grande than on the Pecos River, Tamaulipas, San Luis Potosi) are more species in western North America is less with the difference being more similar to yellow-billed cuckoos in the than the total area identified above, the pronounced on male than on female east (Wauer 1971, p. 96; Oberholser and potential loss of the western population cuckoos. Sample sizes were insufficient Kincaid 1974, pp. 434–435; Franzreb of the yellow-billed cuckoo would to do t-tests to compare the means for and Laymon 1993, pp. 17–28; Hughes constitute a significant gap in the range the wing and tail data. The bill 2000, in litt. pp. 1–2, 26; Sproul 2000, of the species in North America. measurements that the reviewer took in in litt., pp. 1–5). Based on the best available science, the watershed Evidence That the Discrete Population the field were not reliable and therefore boundary between the Rio Grande and Segment Differs Markedly From Other could not be compared, and as a result Pecos Rivers is the optimum dividing Populations of the Species in Its Genetic the comparison using the Discriminant line between eastern and western Characteristics Function equations developed by Franzreb and Laymon (1993, pp. 17–28) yellow-billed cuckoo in this area. Data collected from publications and could not be used reliably on the data. Based on morphological other sources demonstrate the existence Other physical and morphological measurements, bill color of young and of morphological and physiological differences exist between yellow-billed adults, egg size and weight, and differences between yellow-billed cuckoos in the east and west, and migration timing, yellow-billed cuckoos cuckoos in the east and west. provide additional evidence of split into two populations. This split Morphologically, the yellow-billed ecological significance. These include: occurs along the line that corresponds cuckoos in western North America are • Yellow-billed cuckoos in western with the traditional subspecies generally larger, with significantly North America produce larger eggs (1.2 boundary (see Figure 1, above). longer wings, longer tails, and longer percent longer, 0.6 percent wider, and Phenotypically or outwardly expressed and deeper bills (Franzreb and Laymon 3.2 percent heavier) with thicker traits present substantial evidence that 1993, p. 25). Banks, in a review of the eggshells (7.1 percent thicker) (Hughes the western population segment of species taxonomic status (1988, pp. 1999, p. 14), which is an evolved trait yellow-billed cuckoo differs markedly 473–477), grouped yellow-billed cuckoo that would help yellow-billed cuckoos from other populations of the species. specimens into 19 regional groups, 7 in in the west to cope with potential higher However, the strongest evidence of the western United States and western egg water loss in the hotter, drier differences between yellow-billed Mexico, 10 in the eastern United States conditions of western North America cuckoos in the western population and eastern Mexico, 1 in New Mexico, (Hamilton and Hamilton 1965, pp. 426– segment and those of the east in genetic and 1 in the Caribbean. He found 430; Ar et al. 1974, pp. 153–158; Rahn characteristics is the difference in yellow-billed cuckoos in the east to be and Ar 1974, pp. 147–152). timing of migrations. This difference uniform in measurement throughout • Juvenile yellow-billed cuckoos in can only have developed as an evolved their range and yellow-billed cuckoos in the east have yellow bills (Oberholser trait in response to environmental the west to be uniform in measurements and Kincaid 1974, pp. 434–435), while factors over a long period of time, and throughout their range (Banks 1988, p. juvenile yellow-billed cuckoos in the thus is genetically linked (Cresswell et 475). Banks stated that the change from west have all-black bills (Franzreb and al. 2011, pp. 13–15; Pulido et al. 2001). smaller to larger yellow-billed cuckoos Laymon 1993, p. 26). As previously discussed, the difference

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in size of yellow-billed cuckoos between (more than one third of the species’ scientific discourse. As such, and in east and west, as well as differences in range would be vacant); and (2) it differs contrast to taxonomically defined size, weight, and shell thickness of eggs, markedly from other yellow-billed species and subspecies, there is no are also evolved genetically linked cuckoo populations in morphology (e.g., established name for the western traits. As discussed in the October 3, western yellow-billed cuckoos are distinct population segment of the 2013, proposed rule, researchers have larger) Therefore, we conclude that the yellow-billed cuckoo in the available developed methods using these western population segment of the literature; we will refer to this ‘‘species’’ phenotypic (outwardly expressed) traits yellow-billed cuckoo is significant per (DPS) as the western yellow-billed that correctly predicted separation for our DPS Policy. cuckoo. The range of the western nearly 90 percent of yellow-billed DPS Conclusion yellow-billed cuckoo in Canada cuckoos that were eastern, and up to includes the area of Vancouver Island approximately 86 percent that were Based on the best scientific and commercial data available on and along the Fraser River system western (Franzreb and Laymon 1993, upstream to Kamloops to the Rocky pp. 17–28). Thus, based on the distribution as well as behavioral and Mountains west of the Continental phenotypic traits, there is indirect morphological characteristics of the Divide. In the United States the DPS evidence that the discrete population species, we have determined that the includes the area west of the segment differs markedly from other western population segment of the populations of the species in its genetic yellow-billed cuckoo is both discrete Continental Divide, south through characteristics. and significant per our DPS policy. Montana, Wyoming, Colorado, and Therefore, we conclude that the western along the watershed divide between the Significance Conclusion distinct population segment of the upper and middle Rio Grande and Pecos The best available information yellow-billed cuckoo is a DPS, and thus Rivers in New Mexico and Texas, south indicates that the discrete yellow-billed a ‘‘species’’ under section 3(16) of the to Big Bend in southwestern Texas, and cuckoo population segment that nests Act. Our determination of biological and extending to the States of the west coast. west of the Continental Divide (as ecological significance is appropriate In Mexico, the DPS is the area west of defined above) and in northwestern because the population segment has a the eastern and southern border of the Mexico is important to the taxon to geographical distribution that is State of Chihuahua, west of the which it belongs because: (1) Loss of the biologically meaningful. Continental Divide in the State of population segment would leave a The term ‘‘distinct population Durango, and the southern border of the significant gap in the species’ range segment’’ is not commonly used in State of Sinaloa (Figure 2).

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Summary of Comments and World (Wenatchee, WA), The Olympian commenters providing additional Recommendations (Olympia, WA), The Spokesman Review information, but took no position on the In the proposed rule published on (Spokane, CA), Bellingham Herald listing of the species. Approximately October 3, 2013 (78 FR 61621), we (Bellingham, WA), Salt Lake Tribune 141 of these comment letters provide requested that all interested parties (Salt Lake City, UT), Helena additional information or comments. All submit written comments on the Independent Record (Helena, MT), The substantive information provided proposal by December 2, 2013. The Missoulian (Missoula, MT), Valley during comment periods has either been comment period was reopened on Courier (Alamosa, CO), Craig Daily incorporated directly into this final December 26, 2013, and remained open Press (Craig, CO), (The Daily Sentinel determination or is addressed below. until February 24, 2014 (78 FR 78321). (Grand Junction, CO), El Paso Times (El Peer Review The comment period was reopened Paso, TX), Albuquerque Journal again on April 10, 2014, and remained (Albuquerque, NM), The Arizona In accordance with our peer review open until April 25, 2014 (79 FR 19860). Republic (Phoenix, AZ), The Californian policy published on July 1, 1994 (59 FR We also contacted appropriate Federal (Bakersfield, CA), and Press-Enterprise 34270), we solicited expert opinion and State agencies, scientific experts (Riverside, CA). We did not receive any from five knowledgeable individuals and organizations, and other interested requests for a public hearing. with scientific expertise that included parties and invited them to comment on During the comment periods for the familiarity with the yellow-billed the proposal. Newspaper notices proposed rule, we received 34,459 cuckoo and its habitat, biological needs, inviting general public comment were comment letters directly addressing the and threats. We received responses from published in the Idaho State Journal proposed listing of the western DPS of all five of the peer reviewers. (Pocatello, ID), Post Register (Idaho the yellow-billed cuckoo as a threatened We reviewed all comments we Falls, ID), Idaho Mountain Express (Sun species. The vast majority of these received from the peer reviewers for Valley, ID), Idaho Statesman (Boise, ID), comment letters voiced their support or substantive issues and new information Coeur d’Alene Press (Coeur d’Alene, opposition to the action, but did not regarding the listing of the western DPS ID), Las Vegas Sun (Las Vegas, NV), Las provide significant supporting of the yellow-billed cuckoo. The peer Vegas Review-Journal (Las Vegas, NV), information on the proposed listing. A reviewers generally concurred with our Reno Gazette-Journal (Reno, NV), The total of 34,380 letters were in support of methods and conclusions, and provided Oregonian (Portland, OR), Yakama the listing, while 54 letters were in additional information, clarifications, Herald, (Yakima, WA), Wenatchee opposition to listing, with 25 and suggestions to improve the final

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rule. Peer reviewer comments are incorporate citations provided by the since the first play-back surveys were addressed in the following summary peer reviewer, as needed. conducted in California in the 1970s. and incorporated into the final rule as (3) Comment: Two reviewers Some changes in survey method include appropriate. indicated that recent research has changes in the distance between calling shown that vocalizations cannot be stations (100 vs. 200 meters), changes in Peer Reviewer Comments reliably used to determine the sex of the number of calls played at calling (1) Comment: One reviewer discussed cuckoos in the field. Two public stations (5 vs. 10 calls), number of the heritability of migration timing, commenters also raised this concern. surveys carried out during the breeding indicating that the difference in Our Response: We concur and have season (2 to 5 surveys), and the timing migration timing between eastern and revised the text to clarify information on of the surveys (1 June to 15 August vs. western cuckoos is reflective of genetic vocalizations for the western yellow- 15 June to 1 August). Despite these differences and added a supportive billed cuckoo. changes, general response rates have reference (Pulido et al. 2001). (4) Comment: One reviewer indicated remained constant. On average, an Our Response: In the proposed and that the habitat section could be individual western yellow-billed cuckoo this final rule, we outlined our strengthened by presenting habitat will respond to playback call 50 percent reasoning for determining that the models that have been developed. This of the time, and one member of a pair western populations of the yellow-billed reviewer suggested that the presentation will respond 75 percent of the time. cuckoo constitute a valid DPS (see of tamarisk as a habitat component With a second visit, the probability of could be improved by using information Distinct Vertebrate Population Segment an individual responding has risen to 75 from several references from research on Analysis, above). In our determination, percent, and the probability of one the Colorado River (see Johnson et al. we relied on behavioral and member of a pair responding has risen 2008a, Johnson et al. 2012, McNeil et al. morphological and other characteristics to 94 percent. With three visits, the 2012). Within-patch vegetation of the species to support separation and probability of an individual responding measurements show that sites occupied distinctness from yellow-billed cuckoos is 94 percent, and the probability of one by western yellow-billed cuckoos do not in the east. Although genetics most member of a pair responding is 99.6 include dense tamarisk patches. percent. likely play a role in behavioral and Our Response: Based on observations morphological aspects of a species, in of western yellow-billed cuckoos, we Obtaining accurate survey results are our determination we did not rely on have identified riparian trees including made more difficult because: (1) specific genetic information or willow (Salix sp.), Fremont Western yellow-billed cuckoos often separation to come to our conclusion. cottonwoods (Populus fremontii), alder have helper males at the nest; (2) they The views of the peer reviewer and the (Alnus sp.), walnut (Juglans sp.), are only loosely territorial; (3) nests of information they provided (Pulido et al. sycamore (Platanus sp.), boxelder (Acer adjacent pairs can be very close to each 2001, pp. 149–158) further support our sp.), ash (Fraxinus sp.), mesquite other; (4) female western yellow-billed conclusions reached in determining a (Prosopis sp.), and tamarisk (Tamarix cuckoos often lay a second and third valid DPS for the western yellow-billed sp.) as habitat that provides cover, clutch sometimes with different mates; cuckoo. We revised this final rule to shelter, foraging, and dispersing habitat and (5) it is likely that they move from include the information provided. for the western yellow-billed cuckoo. one river system to another between (2) Comment: One reviewer stated Tamarisk is considered a nonnative, clutches. These unusual behaviors can that a close examination of the DNA invasive species across the West. lead to either an over count or an under studies conducted on cuckoos to date Although the western yellow-billed count of individuals, pairs, or would infer a deeper genetic divergence cuckoo uses tamarisk as a component of territories. between western and eastern cuckoos its habitat, it is usually in areas where Many of the earlier population than presented in the proposed rule and the habitat has been degraded. We estimates were made of pairs of western that further analysis would likely appreciate the peer reviewer’s yellow-billed cuckoos. For the reasons support division of species into two information on habitat modeling and listed above, some recent researchers subspecies. The reviewer also provided will review this information in have decided that it is more accurate to a critique of the techniques used in the development of any final critical habitat use the term territories rather than pairs. studies to date, noting that markers used determination for the species. We have An assessment of the methodology used in all three genetics studies evolve too reviewed the information provided by to determine pairs in the older studies slowly to reveal genetic structure within the reviewer and have revised our and territories in the more recent the species, and that the choice of discussion of habitat selection and studies concludes that very similar outgroup for study comparison was tamarisk use and compatibility for the methodology is used and that the flawed in one study. western yellow-billed cuckoo in this numbers are comparable. Our Response: See response to final rule (see ‘‘Use of Tamarisk by In some cases, we were able to use the Comment 1 above for a discussion of Western Yellow-billed Cuckoos and the original survey data and simply how we used genetic information in our Spread of the Introduced Tamarisk Leaf compare the number of survey hours DPS determination. Although we agree Beetle into the Southwest,’’ below). and number of western yellow-billed that further studies and information on (5) Comment: One reviewer suggested cuckoos surveyed and compare them the genetics for the yellow-billed would that estimates of breeding populations from one year to the next and one time assist in further validating our of western yellow-billed cuckoos may period to another. This is a very reliable determination of separation between be overestimates and the numbers may and accurate method of comparison. In eastern and western yellow-billed be even lower than indicated in the other cases, such as that at the South cuckoo populations, we must rely on proposed rule. Fork Kern River Valley in California the best scientific or commercial data Our Response: We are aware of the from 1985 to 2001, when all nesting available to make our listing difficulties in obtaining accurate counts pairs were either documented by determinations. We appreciate the of western yellow-billed cuckoos. finding a nest or seeing positive nesting information provided and have made Survey methods for western yellow- behavior (e.g., western yellow-billed some revisions to the DPS analysis to billed cuckoos have evolved over time cuckoos carrying food to young) the

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number of pairs were compared over the information presented in the (12) Comment: One reviewer provides time. section. information on several additional We have taken all of these difficulties (8) Comment: One reviewer provided projects that he indicates are impacting and changes of survey methods and survey results indicating that western western yellow-billed cuckoo habitat. changes of data and behavior yellow-billed cuckoos have been The reviewer notes that the U.S. Army interpretation into account in our detected along the San Juan and Green Corps of Engineers (USACE) Sacramento assessment of survey results and rivers in Utah, although it is not yet River Bank Protection Project has been western yellow-billed cuckoo known whether breeding occurs in these channelizing and rip-rapping river population trends. We have used the areas. The reviewer notes that further banks for many decades and that the best available data and science in surveys are needed. project impedes the dynamic riverine determining population estimates and Our Response: We appreciate this processes that create western yellow- trends. Because we have been aware of additional information and have billed cuckoo habitat. The reviewer the changes in survey methods and have considered this in our listing adds that the California Department of factored that information into our determination. This information will Water Resources has proposed a new analysis, we are confident that our also be considered in our final critical reservoir project (the Sites Reservoir) for estimates of breeding populations are habitat designation. off-stream water storage, suggesting that accurate. (9) Comment: One reviewer the project would be a major water commented that a potential planned (6) Comment: One reviewer indicated diversion project that would further activity is the reallocation of water from that habitat use separates eastern and degrade stream power on the the San Juan River on Navajo Tribal western cuckoos; observations suggest Sacramento River, and contribute to an lands, which could negatively affect that in eastern New Mexico and Texas ecological cascade on the river (see water delivery on the Colorado River yellow-billed cuckoos from eastern Comment 10 above and the discussion and western yellow-billed cuckoo populations nest in monotypic stands of under Factor A below). The reviewer habitat on the Lower Colorado River. tamarisk, while western yellow-billed also noted two proposed projects that he Our Response: We appreciate this thinks would provide a potential cuckoos do not. additional information and have Our Response: We have considered conservation benefit to western yellow- considered this in our listing billed cuckoo habitat. Both projects this information in our determination of determination. This information will the DPS for the yellow-billed cuckoo. involve the creation of several miles- also be useful in recovery planning and long oxbow lakes on the Sacramento Although credible observations of implementation. species behavior are valuable, peer- River, at Woodson Bridge, and at a (10) Comment: One reviewer provided pumping facility across from Llano Seco reviewed published materials would information that describes the ecological further support these observations, and unit of Sacramento River NWR. cascade process that leads to loss of Our Response: We appreciate this additional research on this topic would western yellow-billed cuckoo habitat in additional information and have be valuable. The information provided riparian areas. The peer reviewer stated considered this in our listing will be considered further in the that the key to sustaining western determination. This information will be development of the final critical habitat yellow-billed cuckoo habitat is helpful in developing and implementing designation for the species and in maintaining an ongoing process of new the recovery plan for the species. recovery planning. land creation and flow patterns (13) Comment: One reviewer (7) Comment: Two reviewers conducive to colonization of willow and indicated that in Conservation Efforts suggested that the section on climate cottonwood. The peer reviewer also section under the Factor E discussion, a change could be condensed and that noted that it is problematic that a distinction should be made between uncertainties in forecasting National Wildlife Refuge (NWR) on ‘‘active’’ restoration and ‘‘process- precipitation could bog down Sacramento River only occurs on one based’’ restoration. conservation actions that would clearly side of the river, and the opposite bank Our Response: We have revised the benefit western yellow-billed cuckoos in is not allowed to erode. text in the section to clarify the the near future. Our Response: We appreciate this difference in types of restoration Our Response: The Service used the additional information and have activities. climate change information that was considered this in our listing (14) Comment: One reviewer available in the literature. Because the determination. The information will be measured 35 cuckoos from the Rio western DPS of the yellow-billed cuckoo helpful when developing a recovery Grande and 25 cuckoos from the Pecos covers such a large area, the effects of plan for the western yellow-billed River. He found that Rio Grande males climate change will be different in the cuckoo. and females were larger for all various regions. The Pacific Northwest (11) Comment: One reviewer adds an measurements than Pecos cuckoos, but may become cooler and wetter, the additional pervasive threat is the design Pecos cuckoos are larger than eastern or desert Southwest may become warmer of open channel flood control channels Trans Pecos cuckoos reported in and dryer. The exact effect of these with inappropriately smooth roughness Franzreb and Laymon’s (1993, pp. 17– changes on western yellow-billed coefficients. This over-scours the 28) subspecies paper. He applied the cuckoos is difficult to predict. However, floodplains and requires removal of Discriminant Function Analysis (DFA) based on our review of the literature, we woody riparian vegetation that equation (developed by Franzreb and have concluded that a warmer and dryer regenerates on floodplains. This leads to Laymon, 1993, pp. 17–28) to 35 cuckoos Southwest, an area that is already water- floodplains with no western yellow- from Rio Grande, of which 86 percent stressed, with a growing human billed cuckoo habitat. tested as western and 25 cuckoos from population, is likely to have an adverse Our Response: We have added this Pecos River of which 68 percent tested effect on riparian habitat. This will information to section ‘‘Encroachment as western. exacerbate the changes that have already of Levees and Flood Control and Bank Our Response: We thank the reviewer occurred in the region and should not Stabilization Structures into the River for this information. However, we are be ignored. We appreciate the expressed Channel and Floodplain’’ in the Factor concerned that the measurements may concerns; however, we have retained A discussion in this final rule. have been taken incorrectly for the

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following reasons. We first note that, consultation regarding the species in the controlled grazing activity can be with the exception of wing future. compatible within riparian zones and in measurements, accurate measurements (16) Comment: The USACE provided western yellow-billed cuckoo habitat are hard, if not impossible, to obtain references that deal with southwestern depending on the conservation from live birds under field conditions. willow flycatcher (Empidonax traillii measures implemented for the grazing We are concerned that in the given extimus) consultations and management activity. The amount of management sample, bill-depth measurements may at Lake Isabella, California. They stated depends on the sensitivity of the habitat have been measured incorrectly because that their conservation plan and at any given location and would most all individuals measured, regardless of associated conservation easements for likely need to be managed on a site-by- area of origin, had deeper bills than any southwestern willow flycatchers site basis. For example, a grazing regime of the cuckoos measured by Banks provide habitat protections for the used on Audubon California’s Kern (1988, pp. 473–477) or Franzreb and western yellow-billed cuckoo as well as River Preserve in the South Fork Kern Laymon (1993, pp. 17–28). It is likely least Bell’s vireos (Vireo bellii pusillus). River Valley limits grazing to outside that these measurements were taken on They are concerned that if the western the growing season (October to March). an incorrect location on the bill. We yellow-billed cuckoo is listed and This time restriction allows for note that several of the bill-length formal consultation for long-term regeneration of willows and measurements reported were also record operations of Isabella Reservoir are cottonwoods and precludes the tree lengths for cuckoos, regardless of origin triggered, the USACE may be required to browsing and high-lining that often and suspect that they too were likely ‘‘reoperate’’ the reservoir, which would accompanies heavy summer (growing measured incorrectly. The use of these increase risk of loss of human life and season) grazing. We concur that incorrect measurements in the DFA cause significant impacts to economics mesquite bosque habitat is very equations would be expected to yield downstream. This concern was also important to western yellow-billed incorrect ‘‘likely area of origin.’’ voiced by one public commenter. cuckoos, and this has been stated clearly Therefore, we have not used this Our Response: Although specific in the proposed and this final rule. information in our final listing project activities may require additional (18) Comment: The U.S. Department determination. review and potentially result in formal of Agriculture (USDA), Natural consultation for various Federal actions, Resources Conservation Service (NRCS) Federal Agency Comments it is reasonable to assume that the in Texas stated that they are interested conservation plan and associated During the development of the in helping landowners conserve and conservation easements for the proposed and this final listing rule, we manage critical habitat for the western southwestern willow flycatcher may coordinated with Federal agencies and yellow-billed cuckoo. provide habitat protections for the asked for their input on the information Our Response: We appreciate this western yellow-billed cuckoo. However, presented and any concerns they may additional information and have consultation with the Service will not have. We have not included specific likely result in operation decisions that considered this in our listing comments and responses to Department would cause a risk of loss of human life determination. NRCS’ cooperation and of the Interior (DOI) agencies in this rule or cause significant impacts to assistance will be very helpful during (Bureau of Land Management, Bureau of downstream economies. We have been the recovery phase for the species. Reclamation, and National Park coordinating with the USACE on their (19) Comment: The International Service). We have worked with the DOI activities and dam operation at Lake Boundary and Water Commission agencies during the development of this Isabella as it relates to all listed species provided information on riparian rule, and their comments and concerns and will continue to do so into the habitat restoration along the Rio Grande are included in the record materials for future. as well as results of recent western this final determination. We have (17) Comment: The U.S. Forest yellow-billed cuckoo surveys. reviewed any DOI comments and Service (USFS) provided several reports Our Response: We appreciate this information, and have made changes on western yellow-billed cuckoo additional information and have that we determined were appropriate to surveys conducted at Isabella Reservoir. considered this in our listing the final listing of the western yellow- The Southwest Region of the USFS does determination. Restoration of riparian billed cuckoo. A total of seven comment not think they have western yellow- habitat will be an important phase in letters were received from five Federal billed cuckoos on the Carson or Cibola the recovery of the western yellow- agencies from outside the DOI, and they National Forests. They also had several billed cuckoo. This information will are outlined below. questions about wording in the also be helpful in the development and (15) Comment: The U.S. Air Force proposed rule regarding grazing and implementation of a recovery plan for stated that training flights from Luke Air listed several references regarding the the western yellow-billed cuckoo. Force Base (AFB) may pass over western effects of well-managed grazing, which (20) Comment: The USDA NRCS in yellow-billed cuckoo habitat, but they they say has less adverse impact on Texas expressed concern regarding are unlikely to disturb the western western yellow-billed cuckoos and their economic impacts to local landowners yellow-billed cuckoos because the habitat than traditional, poorly managed and municipalities. This concern was airplanes fly over 500 ft. above ground grazing. Lastly, they stated that echoed by several public commenters. level, while western yellow-billed mesquite bosque habitat was very Our Response: According to section cuckoo fly, forage, and nest within the important to western yellow-billed 4(b)(1)A) of the Act, we are to base our canopy of the trees. Also, the duration cuckoos and that the habitat was more listing determinations solely on the of the sound from the jet airplanes is important than the proposed rule basis of the best scientific and only for a few seconds and the flights indicated. commercial data available as they relate are infrequent. Our Response: We appreciate the to the five factors listed in section Our Response: We appreciate additional information provided by the 4(a)(1) of the Act. The consideration of receiving the information on Air Force USFS and have considered it or economics is only related to the training flights at Luke AFB. We will incorporated changes to language into designation of critical habitat under consider this information during any our final listing determination. Well- section 4(b)(2) of the Act.

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Comments From States stated that they have developed a the historical data to identify any Section 4(i) of the Act states, ‘‘the conservation strategy on its trust lands relevant existing trends that might allow Secretary shall submit to the State for conservation of salmonid freshwater for reliable prediction of the future agency a written justification for his stream habitat and other riparian conservation status of the species (in the failure to adopt regulations consistent obligate species habitat (DNR Trust form of extrapolating the trends). We with the agency’s comments or Lands Habitat Conservation Plan). DNR also considered whether we could petition.’’ Comments received from the stated that they would expect that reliably predict any future events that States regarding the proposal to list as implementation of the plan would assist might affect the status of the species, in benefiting the western yellow-billed recognizing that our ability to make a ‘‘threatened species’’ for the western cuckoo’s habitat and any future recovery reliable predictions into the future is DPS of the yellow-billed cuckoo are efforts for the species. DNR also stated limited by the variable quantity and addressed below. We received 17 that they would continue to participate quality of available data. Available comment letters from 17 State agencies in the development of any future critical population information for western in 11 States. Of the 17 letters submitted, habitat designation. yellow-billed cuckoo is limited for 9 were from State wildlife agencies. We Our Response: We appreciate this determining trends because no long- did not receive comments from the State additional information and have term rangewide status survey has been of Oregon. considered this in our listing completed and the threats facing the Washington State determination. This information will species are variable in intensity and also be considered in our final critical (21) Comment: The Washington State scope across the species’ range and do habitat designation. Department of Fish and Wildlife not reliably provide a sound basis for supports the DPS determination and Idaho specific timeframe predictions. The available data do not allow us to listing of the western yellow-billed (23) Comment: The Idaho Office of determine a specific timeframe for the cuckoo as threatened. This is based on Species Conservation and the Idaho foreseeable future for the western their observations that reports of Department of Fish and Game stated yellow-billed cuckoo; therefore, we rely individual occurrences for the State that the Service fails to define on a qualitative assessment of the have been very rare for the past several foreseeable future in the proposed rule. foreseeable future, in terms of that decades and that the species is not This comment was echoed by several period of time over which we can confirmed to be breeding in the State. other commenters. reasonably predict the future population This is despite having some sizable Our Response: The Act does not trends and threats to the species, and areas of riparian habitat still remaining specifically define the term ‘‘foreseeable the likely consequences of those threats along the Lower Columbia River and future,’’ and does not require the and trends for the status of the species. additional habitat improvements, Service to quantify the time period of We have discussed the timeframe for acquisition, and restoration efforts foreseeable future in making listing when we have determined the threats elsewhere in the State. The Washington determinations. The Solicitor for the are acting on the species under each State Department of Fish and Wildlife Department of the Interior conducted a factor in the Summary of Factors provided suggestions for clarification of review of the Congressional intent Affecting the Species and in our habitat use by the western yellow-billed behind the term ‘‘foreseeable future’’ in Determination sections below. cuckoo in moist riparian habitat areas of the Act, and concluded that Congress western Oregon, western Washington, intended the term ‘‘foreseeable future’’ Montana and southwestern British Columbia. to describe the extent to which the (24) Comment: Montana Fish, They also provided information on Secretary can reasonably rely on Wildlife, and Parks indicated that the several records of wider habitat use in predictions about the future in making portion of the State that is shown as the Northwest and suggested that there determinations about the future being within the DPS has historically is historical evidence that the species conservation status of the species. The not been considered within the range of may have used conifer woodlands and Secretary’s ability to make reliable the species. The agency indicated that open brushy hillsides in Washington as predictions may vary according to the there are only 8 records for western secondary nesting habitat (Bent 1940, threat at issue; consequently, the Montana, and only 3 of those were pp. 54–70; Jewett et al. 1953, pp. 342– Solicitor concludes that this timeframe found in the past 30 years. They stated 343). of ‘‘the foreseeable future is not that the western quarter of the State, Our Response: We appreciate this necessarily reducible to a particular west of the Continental Divide, should additional information and have number of years. Rather, it relates to the be excluded from the DPS and the considered this in our final listing predictability of the impact or outcome species not listed in Montana. This determination. This habitat information for the specific species in question.’’ In comment was also echoed by has been discussed in detail in our addition, the opinion notes that commenters in Utah, Colorado, and proposed critical habitat designation. ‘‘definitive quantification is rarely Wyoming who wanted their States See the proposed critical habitat rule for possible . . . and not required for a removed from the DPS. the western yellow-billed cuckoo ‘foreseeable future’ analysis’’ Our Response: We are aware of the published in the Federal Register on (Department of the Interior limited number of sightings for the August 15, 2014 (79 FR 48547). Also see Memorandum M–37021, January 16, species in western Montana and other the Summary of Changes from 2009; available at: http://www.doi.gov/ areas within the DPS. However, we Proposed Rule section of this final rule solicitor/opinions/M-37021.pdf). consider yellow-billed cuckoos that are and the Habitat Use and Needs section In considering the foreseeable future found in the portion of Montana west of from the proposed listing rule for as it relates to the status of the western the Continental Divide are western additional discussion on habitat use in yellow-billed cuckoo, we considered the yellow-billed cuckoos based on Washington and Oregon (78 FR 61633– factors acting on the species and looked dispersal and migratory patterns, the 61634; October 3, 2013). to see if reliable predictions about the large gap between this region and (22) Comment: The Washington State status of the species in response to those southeastern Montana where eastern Department of Natural Resources (DNR) factors could be drawn. We considered yellow-billed cuckoos sporadically

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occur, and criteria used to map the DPS additional information on tamarisk native riparian vegetation is possible, boundary. We based our boundary for removal and the conservation of the removal of tamarisk would be the DPS on watershed boundaries along western yellow-billed cuckoo). considered a net benefit, as native the upper elevation areas along the riparian vegetation has a greater habitat California Rocky Mountains and on species value for the western yellow-billed occurrence records. It would be (26) Comment: The California cuckoo. If western yellow-billed inconsistent and arbitrary to move the Department of Fish and Wildlife cuckoos are documented to use an area boundary or not include the western supports the DPS determination and slated for tamarisk removal, yellow-billed cuckoos in western listing of the western yellow-billed consultation with the Service may be Montana from the DPS regardless of cuckoo as the species is already listed necessary in order to jointly develop how seldom they are found in the area. as endangered under the California appropriate measures to avoid or Endangered Species Act (CESA) and the minimize the potential for adverse Wyoming populations of the species in the State effects to the western yellow-billed (25) Comment: The Wyoming Game continue to decline. The California cuckoo. However, the process of listing and Fish Department (WGFD) provided Department of Fish and Wildlife will a species as threatened under the Act is information on additional surveys for continue to provide support in habitat not designed to curtail projects that the Green River and on the State’s management that will encourage have the potential to benefit that classification of the species as a Tier III recovery for the species in California. species, and it is unlikely that beneficial Species of Greatest Conservation Need Our Response: We appreciate the tamarisk removal and riparian with unknown population status and review and support of the California restoration projects would be negatively trends due to an extremely limited Department of Fish and Wildlife. This impacted from listing the western number of detections during targeted information will help with the yellow-billed cuckoo. At this time, we survey work (WGFD 2010, pp. IV-i-8). development and implementation of the are not developing a rule under section The WGFD stated it does not recovery plan for the western yellow- 4(d) of the Act for this species. differentiate between eastern and billed cuckoo. western yellow-billed cuckoos but that Utah Nevada habitat for the species continues to (29) Comment: The Director for the decline primarily as a result of (27) Comment: Nevada State Utah Public Lands Policy Coordination nonnative plant (tamarisk) invasion. Department of Wildlife concurred with Office stated that: (a) Utah has made The WGFD believes that the estimate in the Service’s concerns regarding great strides in conserving the yellow- the proposed rule of five or fewer pairs declines of the western yellow-billed billed cuckoo and its habitat and that is an overestimate for the State, that it cuckoo and summarized the status of the Service did not characterize the is highly unlikely that western yellow- the species in the State. The Nevada conservation benefits for the yellow- billed cuckoos breed in the State on a State Department of Wildlife also billed cuckoo as a State-sensitive consistent basis, and they doubt that the provided clarifications and updated species adequately in the proposed rule; small numbers in Wyoming add to information on occurrence records and (b) the DPS boundary is arbitrary and population viability of the subspecies. habitat for the State. The western includes unoccupied areas or migratory The WGFD recommended not yellow-billed cuckoo is a species of habitat; and (c) the Service did not use designating any critical habitat or land conservation priority in Nevada, and the or consider the best available scientific use restrictions for the species in the Nevada State Department of Wildlife is information provided by the Utah State as most of the potential habitat for dedicated to conserving the species and Division of Wildlife Resources (e.g., the species is above 7,000 ft (2,134 improving its habitat whether it is listed Beason 2009, additional Statewide meters (m)). The State also or not. surveys, GIS habitat models). The State recommended that ongoing and planned Our Response: We appreciate this requested that the Service not list the tamarisk removal should not be additional information and have species as endangered or threatened impeded as a result of the Service’s final considered this in our listing under the Act, as it believes that the determination. determination. This information will State is in the best position to manage Our Response: As stated in the also be used in the development of our and conserve the species and its habitat. proposed rule and this final rule, we final critical habitat designation and Our Response: We commend the State agree that the number of western implementation of a recovery plan for of Utah on the efforts they have made yellow-billed cuckoos nesting in the western yellow-billed cuckoo. in conserving the western yellow-billed Wyoming is small. It is also possible (28) Comment: Nevada State cuckoo and its habitat. However, we that western yellow-billed cuckoos do Department of Wildlife, Wyoming Game were not supplied with any information not nest in the State every year. and Fish Department, Utah Office of by the State on specific conservation However, the species most likely uses Governor, and Colorado Department of efforts for the western yellow-billed the available habitat as movement Agriculture listed tamarisk invasion as a cuckoo, so characterization of the corridors or stop-over areas during its major threat for western yellow-billed conservation benefits for the species is migration to areas farther north or as cuckoos and their habitat. There is some not possible. foraging areas during prey outbreaks. concern that listing the western yellow- We disagree that the DPS line is We will consider any information on billed cuckoo will curtail tamarisk arbitrary. The DPS line used to separate critical habitat during the development removal projects and riparian the western yellow-billed cuckoo from of the final critical habitat designation. restoration. Several commenters would yellow-billed cuckoos in the east in the As a result of listing the species, we like us to develop a rule under section vicinity of Utah was the watershed would expect agencies and 4(d) of the Act for riparian habitat boundaries along the Continental organizations conducting tamarisk restoration. Divide. This boundary does not imply removal projects to do so in a manner Our Response: The Service agrees that that all areas within the DPS contain compatible with conservation of the tamarisk is a major threat to the western suitable habitat. In fact, most areas western yellow-billed cuckoo (see yellow-billed cuckoo’s habitat. We within the DPS do not contain suitable response to Comment 28 below for expect that in areas where restoration of habitat for the species because the

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species is restricted to riparian habitat Arizona Colorado River. The Arizona Game and and most of western United States is (32) Comment: The Arizona Game and Fish Department stated that 4,000 acres upland habitat covered by forest, desert, Fish Department supported the (ac) (1,619 hectares (ha)) of habitat is shrubland, or agriculture. Riparian Service’s overall determination of the scheduled for restoration, and in habitat, by definition, is limited to the western yellow-billed cuckoo as a DPS, locations where restoration has banks of rivers and streams, and but stated that using morphological occurred, western yellow-billed cuckoos comprises a very small percentage of the information in the DPS significance are using the created habitat within 2 arid West. The DPS simply shows the section weakened the argument. years of planting. They asked us to add outer limits that one can expect to find Our Response: We appreciate this references that show that western western yellow-billed cuckoos during additional information and have yellow-billed cuckoos have declined as the breeding season and during considered this in our DPS analysis and a result of riparian habitat loss and migration to breeding areas. listing determination. Morphological degradation (they cite Noss et al. 1995). We received GIS data from the State information is just one of the reasons we They also stated that there was a need to quantify the benefits of riparian of Utah and excel spreadsheets with have determined that the western habitat restoration to western yellow- location data apparently derived from yellow-billed cuckoo is a valid DPS surveys and incidental observation billed cuckoos. under our policy. In order to be more Our Response: Most locations in within the State. We did not receive the transparent in describing our rationale Arizona that have western yellow-billed information mentioned in the comment for our DPS determination, we included cuckoo populations have not been letter (e.g., Beason 2009, additional the morphological information as surveyed regularly enough to provide statewide surveys, and GIS habitat further evidence of the DPS. We population trend information. The only models) from the State. During the conclude that including morphological two locations with semi-regular development of this proposed rule and information in the DPS Significance monitoring (the Bill Williams River and in response to the State’s comment, we section helps to provide a complete the San Pedro River) both show independently obtained a copy of the picture of the differences between downward trends in western yellow- information cited (Beason 2009, pp. 1– eastern and western yellow-billed billed cuckoo populations. The western 19). The results of that study, which cuckoos. yellow-billed cuckoo population on the surveyed areas in and around Dinosaur (33) Comment: The Arizona Game and Colorado River on the Arizona- National Park in Utah and Colorado, did Fish Department stated that they did not California border appears to be not confirm any western yellow-billed support listing the western yellow- increasing with the riparian restoration cuckoo observations. We contacted the billed cuckoo as it would be activities at that location. More years of researcher and they confirmed the counterproductive to current survey data are needed to determine information. conservation efforts. whether or not that is a long-term trend. Our Response: Some restoration Colorado While the results of the riparian projects, especially where existing poor- restoration work on the Lower Colorado (30) Comment: The Colorado quality, tamarisk-dominated habitat that River are promising, based on the Department of Agriculture asked to is occupied by western yellow-billed scientific information available we participate in the recovery of the species cuckoo is being removed and higher conclude that it is too soon to tell what and is actively removing tamarisk and quality, willow-cottonwood or mesquite effect this planned restoration will have Russian olive and restoring native habitat is being planted, may require on western yellow-billed cuckoo riparian vegetation. consultation with the Service in order to populations. As population goals for Our Response: We appreciate this jointly develop appropriate measures to recovery of the western yellow-billed additional information and have avoid or minimize the potential for cuckoo have not yet been established, it considered this in our listing adverse effects to the western yellow- is not known what the overall effect of determination. This cooperation in billed cuckoo. However, the process of an addition of the 40 or so pairs of recovering the species will be important listing a species as threatened under the western yellow-billed cuckoos on the in the development and implementation Act is not designed to curtail projects Lower Colorado River will have on the of a recovery plan for the species. that have the potential to benefit that overall status of the yellow-billed species, and it is unlikely that beneficial cuckoo in the West. In addition, so far (31) Comment: The Water Resources tamarisk removal and riparian it appears that western yellow-billed Division of the Colorado Department of restoration projects would be negatively cuckoos nesting on restoration sites tend Natural Resources stated that riparian impacted from listing the western to have lower nesting success than habitat is not threatened in Colorado yellow-billed cuckoo. It is more likely western yellow-billed cuckoos nesting and the western yellow-billed cuckoo that listing the western yellow-billed in areas still containing healthy native should not be listed because adequate cuckoo will complement the recovery riparian forests (McNeil et al. 2012, p. conservation efforts are underway. efforts and potentially provide 53). Our Response: Riparian systems in additional sources of funding through We have added citations in this final Colorado have been highly impacted by section 6 of the Act. rule that show that western yellow- the nonnative, invasive tamarisk and (34) Comment: The Arizona Game and billed cuckoos have declined as a result Russian olive. Many of the other threats Fish Department stated that they agreed of riparian habitat loss and degradation detailed in the proposed and this final that western yellow-billed cuckoos have (see section in Factor A discussion). We rule also apply to riparian habitats in declined in Arizona over the last 100 have concluded that this is a well- that State. In addition, the State of years due to habitat loss. The Arizona documented pattern in California and Colorado contains only a small portion Game and Fish Department went on to Arizona. of both the range and population of the state that the western yellow-billed To date it is difficult to quantify the western DPS of the yellow-billed cuckoo population and habitat loss have benefit of riparian habitat restoration to cuckoo. Our obligation is to review and stabilized over the past 30 years and western yellow-billed cuckoo assess the population status as a whole populations will increase as a result of populations. Most restoration efforts are and not on a regional or Statewide basis. riparian restoration on the Lower carried out on a small scale in

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comparison to the home-range size of absolute separation is not required for a (37) Comment: New Mexico Game the western yellow-billed cuckoo. In the population segment of a species to be and Fish would like us to develop a rule Kern River Valley where riparian considered a DPS (61 FR 4723–4725; under section 4(d) of the Act to allow restoration has been ongoing for the past February 7, 1996). The location and for economic and agricultural growth in 30 years, the western yellow-billed boundaries of a western DPS for the conjunction with conservation efforts, cuckoo population has stabilized but yellow-billed cuckoo has been under especially while developing the State’s has not increased. Along the consideration since the Service first comprehensive conservation program. Sacramento River, where several received a petition to list the species in Our Response: Section 4(d) of the Act thousands of acres of riparian 1986. As detailed in the proposed rule allows the Secretary the discretion to restoration has occurred over the past 30 and this final rule, yellow-billed issue such regulations as [s]he deems years, the western yellow-billed cuckoo cuckoos on the Rio Grande above Big necessary and advisable to provide for population has continued to decline. Bend are more similar to yellow-billed the conservation of a species. The The one location where restoration work cuckoos in the West than they are to Service’s standard policy (under 50 CFR is appearing to have a positive effect on yellow-billed cuckoos in the East. 17.31(a)) for issuing prohibitions for western yellow-billed cuckoo Yellow-billed cuckoos on the Pecos threatened species is to apply all the populations is along the Lower Colorado River and in eastern New Mexico are prohibitions of an endangered species to River, but this work is very recent and more similar to yellow-billed cuckoos in a threatened species unless otherwise the long-term effect on western yellow- the East than they are to yellow-billed revoked by issuance of more specific billed cuckoo populations there is still cuckoos in the West. Peer reviewer Dr. prohibitions. In the case of the western unknown. The largest positive effects Janice Hughes, the only avian yellow-billed cuckoo, we are in the for western yellow-billed cuckoos have taxonomist who has conducted research process of reviewing whether the occurred in the reservoir draw-down on yellow-billed cuckoos in this region, ‘‘standard’’ prohibitions apply or zones (e.g., Isabella Reservoir and believes that the highlands between the whether more specific prohibitions are Elephant Butte Reservoir), when Rio Grande and the Pecos River are the appropriate. If we determine that more riparian habitat has regenerated during dividing line between eastern and specific prohibitions apply and that droughts. These benefits are ephemeral, western yellow-billed cuckoos. they are necessary and advisable to as the habitat will be inundated and lost As discussed above in Comment 14, provide for the conservation of the when wet periods return. one peer reviewer measured yellow- western yellow-billed cuckoo, we will issue a proposed rule under section 4(d) New Mexico billed cuckoos on the Rio Grande and Pecos River and found the Rio Grande of the Act for public comment. However (35) Comment: New Mexico Game yellow-billed cuckoos to be larger than at this time, we do not have and the and Fish requested a delay in listing so commenter did not provide enough those on the Pecos River. The that more research can be conducted in information on whether a section 4(d) differences were not statistically New Mexico to better define the DPS rule for agricultural activities is significant, but the sample sizes were line. They state that data from e-bird appropriate. We would be available for small, so a significant difference would [Cornell Lab of Ornithology] and New future discussion on potentially not be expected. Also the measurements Mexico Ornithological Society (2007) do developing measures to maximize the were not taken in a similar way as not support difference in migration conservation value of agricultural measurements taken by Banks (1988, timing between eastern and western practices and develop some type of pp. 473–477) and Franzreb and Laymon New Mexico, and cite Sechrist and Best conservation mechanism with the (1993, pp. 17–28) so they cannot be (2012) to say that cuckoos from Pecos commenter in the future; however, due and Rio Grande had the same migration compared to measurements from those to time constraints for developing a final timing and direction. Twenty additional studies. At this time, a definitive study rule we cannot currently develop and commenters questioned the DPS’ status, has not been completed on morphology, implement such measures. indicating that the DPS was neither genetics, or behavior (including (38) Comment: New Mexico Game discrete nor significant, without migration timing) comparing yellow- and Fish stated that there was a large providing additional information to billed cuckoos on the Rio Grande and discrepancy between population support their comments. Pecos River. Until that is done, the best estimates of 100–155 pairs for western Our Response: In making listing available science on the subject is in New Mexico listed in the proposed rule determinations under the Act, we are to Franzreb and Laymon (1993, pp. 17–28) and 7,000 individuals in the State as rely solely on the best scientific and and in the opinion of Dr. Janice Hughes, reported by the Partners in Flight commercial data currently available. which divides eastern and western program (PIF 2014). Our DPS policy outlines the criteria for yellow-billed cuckoos along the Our Response: The Partners in Flight determination of whether a segment of highlands separating the Rio Grande Web site for New Mexico (New Mexico a vertebrate species population qualifies and the Pecos Rivers. Partners in Flight 2014, entire) reports as a DPS. In reviewing the most current (36) Comment: New Mexico Game that the western yellow-billed cuckoo information available, we have and Fish and several other commenters population in New Mexico is much less determined that the western DPS of the suggest that western yellow-billed than 1 percent of the total species yellow-billed cuckoo is valid and meets cuckoos have been found at elevations population of 9.2 million, or less than the criteria outlined in our policy. As higher than reported in the proposed 92,000 yellow-billed cuckoos. This was we stated above in the Distinct rule. then converted to 0.1 percent of the Vertebrate Population Segment Our Response: We appreciate this global population, which should have Analysis section, we understand that additional information and have been 9,200 yellow-billed cuckoos, but the area in southern New Mexico and considered this in our listing was transcribed or rounded to 7,000 western Texas is an area where there determination. Most of these higher yellow-billed cuckoos or 3,500 pairs of may be overlap between both eastern elevation sightings in the Rocky yellow-billed cuckoos. This is a and western populations of the yellow- Mountains are likely of migrant western questionable method to determine the billed cuckoo. Our DPS policy allows yellow-billed cuckoos, though a few yellow-billed cuckoo population for a for some ‘‘mixing’’ of populations, and may refer to nesting pairs. State and should not be accepted as

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valid. This is much higher than Howe’s commenters expressed concern about activities such as habitat loss and (1986, pp. 1–16) estimate of 1,000 pairs the impact of listing the western yellow- fragmentation, air and water pollution, of yellow-billed cuckoos Statewide in billed cuckoo on water delivery. and the establishment of invasive New Mexico and 315 pairs for the Our Response: The disruption and species.’’ They also state that riparian western half of the State. Howe’s changes to ‘‘natural’’ river and stream habitat is one of the key habitats that estimates were made based on an processes, which help the development may have the highest risk of being estimate of available habitat and an and regeneration of riparian vegetation, altered by synergistic effects of factors understanding that western yellow- have been identified as a threat to the that influence habitats (New Mexico billed cuckoo territories were much species. The majority of streams and Department of Game and Fish. 2006, pp. smaller than they actually are, leading water delivery facilities within the range 74–79). to an overestimate for New Mexico. It is of the western yellow-billed cuckoo are We agree that climate change likely that fewer than 1,000 pairs of at least partly managed by Federal projections and prediction can be western yellow-billed cuckoos existed entities or proposed activities that difficult due to the availability of in New Mexico in 1986. The population would have a Federal nexus. As a result, information and variability of climate for western yellow-billed cuckoos these Federal agencies have an and habitat conditions over time. estimated for the State by Hughes (1999, obligation under section 7 the Act to However, in a study looking at the p. 19) was 100 to 200 pairs. The conserve endangered or threatened recent effects of climate change on Service’s estimate of 100 to 155 pairs is species and their habitat. Section 4(d) of temperature and precipitation over the based on the best available science of the Act states that the Secretary shall past 36+ years (1970–2006), Enquist et surveys conducted over the past 10–15 issue such regulations as [s]he deems al. (2008, pp. 1–32) found that in New years. necessary and advisable to provide for Mexico, observed climate-linked effects (39) Comment: The New Mexico the conservation of any threatened include declines in snowpack, earlier Department of Agriculture asked that species. New projects on Federal land or peak stream flows, forest mortality, and the Service address management of the funding by the Federal government will population declines in some sensitive western yellow-billed cuckoo as a be subject to section 7 consultations, as species. To avoid issues of uncertainty watershed health issue and not list the will reauthorization of Federal projects. associated with future climate change species. Because of the interrelatedness between predictions, the study used a Our Response: Listing of the western water management, the health of retrospective approach that analyzed yellow-billed cuckoo under the Act is riparian habitat, and the dependence of changes over time. Their study found based on the species’ population status riparian habitat by the western yellow- that: (1) 93 Percent of New Mexico’s and trends, and the threats to the billed cuckoo, we are not currently watersheds have become relatively drier species. Recovery of a species will be considering a rule under section 4(d) of over the 36+ year period; and (2) based on criteria developed by the the Act for this species to limit the snowpack has declined in 98 percent of Recovery Team once it becomes prohibitions of the Act for ongoing and New Mexico’s major mountain ranges established. Solving the threats to the future water management activities. and the timing of peak streamflow from western yellow-billed cuckoo is an (42) Comment: The New Mexico snowmelt in the State is an average of important part of the recovery process, Interstate Stream Commission stated one week earlier than in the 1950s. In and watershed health will be very that because humans do not have addition, the study found that the important when developing recovery control over caterpillar population, lack watersheds with the highest numbers of criteria and implementing recovery of caterpillars should not be listed as a sensitive species tend be those showing actions. threat. the greatest increase in moisture stress (40) Comment: New Mexico Interstate Our Response: Caterpillar and other or drying and that these watersheds Stream Commission commented that insect populations can be affected by have already experienced climate because western yellow-billed cuckoos health of the riparian habitat, tree and change-linked ecological effects. We are listed by New Mexico Fish and shrub species in the riparian zone, and have determined that the long-term Game as a ‘‘Species of Greatest pesticide use (e.g., pesticide drift into effects of climate change are and will Conservation Need’’ the Service should the riparian zone or applying pesticides continue to be a factor in sensitive not state that it has no protective status directly on the riparian zone). All of species or habitat conservation in New Mexico. these factors are influenced by human regardless of any short-term trends. Our Response: Although the activities at some level. Lack of an (44) Comment: The New Mexico identification of the western yellow- adequate food supply is a major threat Interstate Stream Commission billed cuckoo by the State of New for the western yellow-billed cuckoo. commented that western yellow-billed Mexico as a ‘‘Species of Greatest (43) Comment: The New Mexico cuckoos may rely on tamarisk, like Conservation Need’’ is encouraging, this Interstate Stream Commission stated southwestern willow flycatchers do, but designation is for planning purposes that climate change effects have so far even if true, tamarisk beetles should not and provides no regulatory protective not been as great as they are predicted be listed as a threat to western yellow- status for the species in New Mexico. to be in the future. billed cuckoos. Any actions or conservation measures Our Response: We appreciate the New Our Response: Western yellow-billed implemented for the cuckoo as a result Mexico Interstate Stream Commission’s cuckoos do not rely on tamarisk in the of its State status would be comments on climate change and have same way that southwestern willow recommendations and voluntary, and considered them in our listing flycatchers do. Western yellow-billed would not ensure that actions or determination. The New Mexico cuckoos may on rare occasions nest in measures would be implemented. Department of Game and Fish in their tamarisk, but they forage almost entirely (41) Comment: New Mexico Interstate Comprehensive Wildlife Conservation in native riparian habitat. Western Stream Commission states that if the Strategy for New Mexico (2006) stated yellow-billed cuckoos are primarily western yellow-billed cuckoo is listed, that ‘‘[t]he effects of climate change on dependent on large caterpillars, which we should develop a rule under section ecosystems and species are likely to be depend on cottonwoods and willows 4(d) of the Act for ongoing and future exacerbated in areas that have already and are not found on tamarisk. On the water management in the State. Other been substantially affected by human other hand, southwestern willow

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flycatchers feed on small flying insects a threatened species. The western species, we have determined that the and both nest and forage in tamarisk as yellow-billed cuckoo has been a western yellow-billed cuckoo meets the long as water or super-saturated soil is candidate for listing since 2001. definition of a threatened species rather in the vicinity of the nest and flying Although we were litigated to develop than an endangered species under the insects are available. In areas where the a timeframe for moving forward on the Act. See the Determination section hydrology is still intact and will support review of candidate species, the Act below for additional discussion of our native riparian habitat, the tamarisk requires us to promptly make our rationale for a ‘‘threatened’’ beetle could assist in the restoration of evaluations for species considered determination. the riparian zone. In areas that can no candidates. Any settlements reached as (48) Comment: One commenter stated longer support willows, cottonwoods, a result of litigation took into that the entire species (both in the and mesquite, the beetle could suppress consideration what was best for eastern and western United States) the tamarisk to the point that western conservation and protection of should be listed as a threatened species yellow-billed cuckoos will no longer use candidate or sensitive species and were under the Act. the habitat. In this latter case, the not dictated by litigants. Our Response: Our analysis in the tamarisk beetle could be considered a (46) Comment: The Texas Comptroller rule is limited to the petitioned entity threat, as spontaneous regeneration of of Public Accounts stated that they were (western United States), and we have native vegetation is difficult due to the concerned that listing of the western not evaluated the status of the eastern degraded nature of the habitat and yellow-billed cuckoo would have population of the yellow-billed cuckoo. disrupted hydrologic conditions. potential economic impacts on Should new information become available about the status, trends, or Texas landowners, businesses, and communities within the boundary of the threats facing the eastern population of (45) Comment: The Deputy DPS in Texas. The Comptroller also the yellow-billed cuckoo, we would Commissioner for the Texas General stated that additional information is evaluate that information at that time, as Land Office stated that listing the needed on the status of the species and budget and staffing allow. western yellow-billed cuckoo would that the benefits of ongoing conservation Comments on the Distinct Population lead to increased economic costs and efforts for the southwestern willow Segment delay in the development of oil, gas, flycatcher are adequate to conserve the (49) Comment: One commenter stated wind, and solar projects for the State. western yellow-billed cuckoo. that the western DPS of the yellow- Royalties collected by the State from Our Response: See our response to billed cuckoo also meets significance such activities would be reduced, and Comment 45 above for economic because of persistence of population on this would indirectly affect funds considerations in the listing process and unusual or unique ecological setting available for Texas public schools. The our view on the information used to (i.e., streamside riparian areas in arid Deputy Commissioner also stated that determine the status of the species. In West). the Service’s analysis of the information regard to conservation measures for the Our Response: We appreciate this is not sufficient to support listing and southwestern willow flycatcher being additional information and have that the Service is only moving forward adequate to conserve the western considered this in our listing at this time with listing due to its yellow-billed cuckoo, we disagree. determination. Yellow-billed cuckoos in settlement with outside litigants and not Although the range of the southwestern both the East and West nest in riparian because listing is warranted under the willow flycatcher and the western Act. habitat. The species in the eastern yellow-billed cuckoo overlap to some Our Response: Under section 4(a)(1) United States has a wider range of degree and they are found in similar of the Act, we are to determine if a habitat use, including nesting in upland habitats, that is not always the case and species is endangered or threatened broadleaf woodlands that are not the two species have very different based on one of five listing factors. available to the species in the West. We habitat and ecological requirements. Economics or loss of revenue is not one do not consider riparian habitat as of the factors used in determining if a Public Comments unusual or unique habitat under our species should be listed. Although we DPS policy. understand that listing a species as Comments on ‘‘Endangered’’ vs. (50) Comment: Several commenters either endangered or threatened causes ‘‘Threatened’’ Status stated that there had been too many some regulatory oversight and the (47) Comment: More than 12,000 studies on the yellow-billed cuckoo and potential need for consultation, we are commenters stated that the western other commenters stated that there had obligated to make such determinations yellow-billed cuckoo should be listed as been too few studies. Genetics and solely on the threats facing the species ‘‘endangered’’ rather than the proposed taxonomic uniqueness was a suggested or its habitat. Listing a species does not ‘‘threatened’’ status. area of study by one commenter. mean projects cannot proceed, it only Our Response: The Act defines an Our Response: Although there has means they must be implemented in a endangered species as any species that been much focus on research on the manner that still conserves the species is currently ‘‘in danger of extinction yellow-billed cuckoo, most of these and its habitat. In addition, because the throughout all or a significant portion of efforts have been on survey and species occurs in riparian habitat along its range’’ and a threatened species as monitoring. Additional research activity streams, it is most likely that projects any species ‘‘that is likely to become is a common response once a species is involving the development of oil, gas, endangered throughout all or a identified for listing under the Act. wind, and solar projects would not significant portion of its range within However, other information, such as result in significant direct impacts on the foreseeable future.’’ Based on the migratory routes, timing, and wintering the species, as these projects typically available information on the range and ground use, has been scarce, and we do not occur in riparian corridors. distribution of the species, the agree that there are many areas of the We believe we have used the best immediacy and severity of threats facing life history, ecology, genetics, and scientific and commercial information the species, the persistence of the taxonomy of the western yellow-billed available in coming to our decision to species throughout most of its historical cuckoo that need further research. list the western yellow-billed cuckoo as range, and the rate of decline of the However, in making our listing

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determination, we must use the best western yellow-billed cuckoos in cuckoo is essentially a global population scientific and commercial data available various locations of California, Arizona, analysis. Every attempt has been made in coming to any conclusions on New Mexico, and Colorado. Several to be certain that citations support the whether the species should be listed. additional commenters provided their statements made in the proposed and (51) Comment: One commenter stated personal observations in Arizona, New this final rule. Where we do not have that the eastern and western yellow- Mexico, and Colorado, which indicated specific reference support we explained billed cuckoos may be interbreeding on that local populations of western our rationale based on the best available the wintering grounds. yellow-billed cuckoos have declined information on coming to any Our Response: Because yellow-billed over the last 30 years. conclusions. It is not Service policy to cuckoos do not breed on their wintering Our Response: These additional list names of document authors or those grounds in South America, it is not observations support the information who reviewed data. Much of the plausible that they are interbreeding that we presented in the proposed and research that has been conducted on the during this time. this final listing rule regarding western yellow-billed cuckoos has (52) Comment: Several commenters population trends for the species in occurred in California, which may lead do not believe that differences in these States. readers to the opinion that the proposed migration timing between eastern and (55) Comment: Nine commenters rule is California-centric. The winter western yellow-billed cuckoos are stated that the western yellow-billed range of the western yellow-billed evidence that there is a marked cuckoo was not threatened, that they cuckoo is not well-known and therefore separation between the two groups. were either not declining or not could not be mapped. Our Response: The proposed rule and declining at a rate that would lead to (57) Comment: Several commenters this final rule identify a wide variety of extinction, and that yellow-billed stated that western yellow-billed cuckoo factors that separates western yellow- cuckoos were doing well in the East. survey data were missing from the billed cuckoos from the rest of the Our Response: Yellow-billed cuckoos proposed rule or the data have been taxon. Migration timing is one of these in the East are declining at 1.4 to 1.6 updated after the proposed rule was factors. In general, migration timing is percent per year over the past 43 years published (e.g., Utah, New Mexico, governed by forces of natural selection (Sauer et al. 2012, entire). Based on the Arizona). that operate over long periods of time. best available science and data, western Our Response: We have considered Given that populations of eastern and yellow-billed cuckoos have declined this updated information in our final western yellow-billed cuckoos arrive on dramatically throughout their range over listing determination, and the their breeding grounds, at the same the past 150 years. This decline has information will be considered in the latitude, a month or more apart is continued in recent years, and with very final critical habitat designation and significant and is most likely governed few exceptions (e.g., the South Fork future recovery plan. by evolutionary forces. This pattern of Kern River Valley, where the small (58) Comment: One commenter asked consistently arriving on their respective populations appears to be stable, and why western yellow-billed cuckoos are breeding grounds a month or more apart the Lower Colorado River, where the continuing to decline with all the is different from year to year, and population is showing an increase), it is habitat protection that has been variations in weather may lead to continuing to decline. The data and happening over the past 25 years. individual birds arriving on the information we have used in this final Our Response: It is true that breeding grounds a few days earlier or rule lead us to conclude that the significant habitat protection and later than normal. Please see the western DPS of the yellow-billed cuckoo restoration has been underway for the Distinct Vertebrate Population Segment is threatened with extinction. No data past 25 to 30 years. Much of this work Analysis section, above, for further were presented by commenters that has been done on a project-by-project explanation of our rationale for show increasing population trends or basis or on a smaller scale than will determining that the western yellow- population numbers that contradict our likely be necessary for the stabilization billed cuckoo is a valid DPS. conclusion that the western yellow- and recovery of the species. Recovery (53) Comment: Three commenters billed cuckoo is a threatened species. goals for western yellow-billed cuckoos stated that they believed that the species (56) Comment: Eight comments were and their habitat will be set in the was not distinct. received on data analysis and proposed recovery plan for the species as it is Our Response: The Service is listing rule preparation. Issues raised included developed. In some areas, such as the a DPS rather than a species or the lack of a population viability Sacramento River, western yellow-billed subspecies. As detailed in the analysis, the lack of a global population cuckoo populations have continued to Taxonomy section under Background analysis, inadequate citations support decline even though significant habitat and Discreteness section of the Distinct for statements made in the document, restoration activities have been carried Vertebrate Population Segment not providing the names of Service out. Aging of the existing habitat and Analysis above, the western DPS of the biologists who reviewed data, taking a increased occupancy by invasive yellow-billed cuckoo coincides with the California-centric approach in the species, especially edible fig (Ficus range of the proposed subspecies proposed rule, and only providing range carica) and black walnut (Juglans sp.), boundary of the ‘‘western’’ yellow-billed maps showing the breeding season’s may be contributing factors. In addition, cuckoo (Coccyzus americanus range. effects of pesticides on caterpillars may occidentalis). However, because there is Our Response: Current available be a factor in many areas. It is indeed some scientific uncertainty to the scientific data on the western yellow- a concern that western yellow-billed validity of the subspecies, the Service is billed cuckoo are not sufficient to cuckoos have declined even in areas not listing the subspecies, but rather is conduct a meaningful population where habitat has been protected and listing the western DPS. viability analysis. Too many of the has either been stabilized or has important parameters are not known increased. Further research is needed to Population Numbers well enough for the results to be determine the exact causes of this (54) Comment: Twelve commenters reliable. The State-by-State and region- continued decline. stated that there have been recent by-region analysis of the entire range of (59) Comment: One commenter declines of breeding populations of the western DPS of the yellow-billed questioned our science and asked that

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all information on western yellow-billed habitat use is different between eastern populations in the West are able to have cuckoo populations and declines should and western populations of yellow- an impact on the caterpillar population. be removed from the discussion in the billed cuckoos. See our response to Comments on Specific Habitat Areas rule. Comment 6, above, for additional Our Response: The information on discussion on habitat use in the eastern (66) Comment: Two commenters western yellow-billed cuckoo and western United States. stated that water transfers from population and declines presented in (63) Comment: One commenter stated agriculture to urban areas and from the the proposed and this final rule is based that understory vegetation was as Kern River Valley to southern California on the best available science. In making important to western yellow-billed were threats to the western yellow- listing determinations under the Act, we cuckoos as overstory vegetation. billed cuckoo. must conduct a five-factor analysis on Our Response: As stated in the Our Response: We appreciate this the threats facing a species based on the proposed listing rule and cited by additional information and have best available scientific and commercial reference in this final rule, the amount, considered this in our listing information. In some cases the size, composition, and density of habitat determination. We have identified the information on a species’ status and are important habitat selection criteria disruption of ‘‘natural’’ stream trends is unclear or the information for the western yellow-billed cuckoo. hydrology and flows as a threat to the available is sparse. In these cases, we Although habitat characteristics vary species. The occupied habitat for the nonetheless must base our across the range of the species, western yellow-billed cuckoo in the determinations on the best available understory vegetation is an important South Fork of the Kern River is information. In the case of the western characteristic for the species. For upstream of the control facilities at Lake yellow-billed cuckoo, the available example, along the Sacramento River, Isabella. Large-scale water diversions information on population status and the size of the site, the amount of from the Kern River do not take place declines is appropriate to include in our riparian habitat in each 5-mi (8-km) until downstream of the dam. For the discussion of the status of the species river segment, and the presence of Kern River, the majority of water and in making our final determination young woody vegetation (understory) available for potential transfer to on the species’ listing status of were the most important factors in a southern California is part of a ground threatened. model explaining the distribution of water storage program (underground (60) Comment: Numerous yellow-billed cuckoo pairs (Halterman water bank). Any actions associated commenters have concerns regarding 1991, p. 30). Along the lower Colorado with this transfer of water would not survey methods, comparison of survey River, in a comparison of occupied affect occupied western yellow-billed data, accuracy of survey counts, and versus unoccupied habitat, yellow- cuckoo habitat upstream. (67) Comment: One commenter stated changes in survey protocols over the billed cuckoos were found at sites with that western yellow-billed cuckoo years for the yellow-billed cuckoo. denser riparian vegetation and more habitat was declining along the Verde Our Response: Please see response to variation in vegetation density, and less Comment 5 above for our response to River in Arizona. tamarisk and shrubby vegetation, Our Response: We appreciate this concerns over the survey protocols and compared to unoccupied sites (Johnson other survey concerns. additional information and have et al. 2012, pp. 15–17). considered this in our listing Comments on Habitat Use and Species (64) Comment: Two commenters determination. This is consistent with Information stated that western yellow-billed the pattern of habitat loss and (61) Comment: Several commenters cuckoos do not need large blocks of degradation described in the Factor A indicated that habitat use separates riparian habitat, and one commenter section of this document. eastern and western yellow-billed stated that they do not need riparian (68) Comment: Several commenters cuckoo populations. One commenter habitat at all. Another commenter stated pointed out the importance of the San further stated that in eastern New that habitat use and patch size needed Pedro River (AZ) and the Gila River (AZ Mexico and western Texas, yellow- were not well-defined. and NM) for western yellow-billed billed cuckoos from eastern populations Our Response: The use of large blocks cuckoos. nest in monotypic stands of tamarisk, of riparian habitat for yellow-billed Our Response: We appreciate this while western yellow-billed cuckoos do cuckoos in western United States is additional information and have not. The commenter did not provide any well-documented. Recent studies of considered this in our listing specific study but based their statement habitat use using radio telemetry have determination. The San Pedro River has on observations. shown that a western yellow-billed the largest population of western Our Response: We appreciate this cuckoo will use 100 ac (40 ha) of habitat yellow-billed cuckoos in Arizona and additional information and have or more during the breeding season. See one of the largest in the western DPS, considered this in our listing our response to Comment 63, above, for and the Gila River also contains an determination. Additional research on additional discussion on habitat use by important population of western yellow- this topic would be valuable. The the western yellow-billed cuckoo. billed cuckoos in both New Mexico and information provided will also be (65) Comment: Eight commenters Arizona. considered further in recovery planning. stated that yellow-billed cuckoos were (69) Comment: Commenters in See response to Comment 6, above, for providing ecosystem services by eating Arizona, Wyoming, Montana, and additional information. caterpillars. Colorado all stated that their State was (62) Comment: One commenter stated Our Response: We appreciate this fringe habitat for the western yellow- that yellow-billed cuckoos select much additional information and have billed cuckoo and did not contribute to different habitat in the East than they do considered this in our listing the conservation of the species. in the West. determination. Yellow-billed cuckoos in Our Response: Southwestern Our Response: We appreciate this eastern United States, where they are Wyoming and western Montana are at additional information and have more abundant, may be numerous the northeastern edge of the range of the considered this in our listing enough to control caterpillar western DPS of the yellow-billed determination. We recognize that populations. It is unlikely that the small cuckoo. These areas at the margin of the

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range can be very important in Grazing Impacts during droughts, riparian zones can still monitoring the health of a population, (73) Comment: One commenter be grazed in a manner that may degrade as they may become unoccupied when indicated that impacts to livestock riparian habitat attributes and prevent the population is declining and ranchers are unequal east and west of long-term health and persistence of reoccupied when the population is the DPS line, making for unfair these systems. increasing. Habitat in Colorado is economic competition. Habitat Loss important for the conservation of Our Response: According to the Act, western yellow-billed cuckoos not only (75) Comment: One commenter stated we are to make listing determinations that just because California destroyed its for the small breeding population, but solely on the basis of the best scientific more importantly for habitat for riparian habitat that other States should and commercial data available. The not bear the burden of listing. migrating western yellow-billed cuckoos economic impact of listing is only that nest to the north in Idaho. Arizona Our Response: Listing determinations considered when designating critical are based on habitat and population is at the center of the range of the habitat for a listed species. We will western DPS of the yellow-billed trends and threats. A severe threat in consider the incremental impacts on one portion of the range can lead to cuckoo, and habitat there is vital to the livestock grazing operations during our DPS’ survival. listing throughout the range. However, designation of critical habitat for the for the western yellow-billed cuckoo, (70) Comment: One commenter species. there is abundant evidence that riparian mentioned that land in New Mexico is (74) Comment: One commenter stated habitat has been lost throughout the being retired from agriculture, not that livestock grazing improves the range of the species. This loss is greater converted to agriculture. ecological condition of riparian systems, in some areas than in others, but the Our Response: We appreciate the while another stated that in the past threats to the western yellow-billed commenter’s statement, but they did not cattle grazing was destructive, but that cuckoo through habitat loss, as detailed provide specific information on the it was no longer a problem in riparian in this final rule, are widespread and subject. Our research on agricultural habitats. not limited to California (see Summary land use changes for New Mexico also Our Response: We identified past and of Factors Affecting the Species for did not provide any specific information current grazing activity in riparian areas additional discussion of threats affecting on the extent, location, or nature of occupied by the species to be a threat the species). agricultural lands being converted or to the western yellow-billed cuckoo. We (76) Comment: Three commenters retired; however, it has been estimated are not aware of any science or data that stated that the proposed rule does not that over 90 percent of riparian habitat support the statement that livestock show a causal link between habitat loss within New Mexico has been lost during grazing improves the ecological and population declines. the last century (Krzysik 1990, entire). condition of riparian systems. The Our Response: We disagree. The data (71) Comment: One commenter stated western yellow-billed cuckoo nesting and information utilized for the that recent information shows that habitat is structurally complex with tall proposed and final rules show a strong yellow-billed cuckoos that breed in the trees, a multistoried vegetative link between the declines in the western eastern United States then move to understory, low woody vegetation DPS of the yellow-billed cuckoo and northwestern Mexico and breed as was (Halterman 1991, p. 35), and higher riparian habitat. The Historical and speculated in another paper is wrong. shrub area than sites without western Current Status section of the proposed yellow-billed cuckoos (Hammond 2011, rule, which is incorporated (by Our Response: Researchers (Rowher p. 48). Livestock grazing alters reference) into this final rule, lists and Wood 2013 pp. 243–250) have understory vegetation, trampling numerous examples where riparian recently retracted an earlier assertion existing vegetation, reducing density, or forests were removed and the western that yellow-billed cuckoos bred in eliminating new growth in riparian yellow-billed cuckoo population eastern North America and then flew to areas and thereby hampering declined. In addition, literature is northwestern Mexico and bred a second recruitment of woody species that, referenced in the rule that provides time. We have revised our discussion on when mature, provide nest sites. abundant additional supporting the subject in this final rule. Furthermore, the relatively cool, damp, examples connecting loss of habitat to Comments on Factors Affecting the and shady areas favored by western western yellow-billed cuckoo Species yellow-billed cuckoos are those favored population declines. Factor A under the by livestock over the surrounding drier Summary of Factors Affecting the (72) Comment: Three commenters uplands. This can concentrate the Species section in this final rule details addressed the threat of proposed mining effects of habitat degradation from the threats to riparian habitat both in the operations in the Patagonia Mountains livestock in western yellow-billed past and present. in south-central Arizona, the declining cuckoo habitat (Ames 1977, p. 49; (77) Comment: Three commenters water table, and the decline in western Valentine et al. 1988, p. 111; Johnson said that riparian habitat may have yellow-billed cuckoo populations in 1989, pp. 38–39; Clary and Kruse 2004, declined by 90 percent in the past, but that area. pp. 242–243). that it now is increasing. One Our Response: We concur that gravel Controlled and seasonal livestock commenter said that there is no mining and other mining activity can grazing can occur in a manner that is evidence that habitat is being adversely impact the western yellow-billed compatible with the management of affected by natural or manmade factors. cuckoo and its habitat. This is a western yellow-billed cuckoo habitat, Our Response: Riparian habitat is localized threat that is discussed under although effective monitoring and increasing in some areas, but at the Factor A section of the final rule. See management would most likely be same time is decreasing or becoming Factor A. The Present or Threatened needed especially in the more arid less suitable in other areas. The overall Destruction, Modification, or regions of the Southwest. Current trend throughout the range of the Curtailment of its Habitat or Range, for grazing management practices are less western yellow-billed cuckoo is not additional discussion on the threat of harmful to riparian systems than some known. Simply measuring the extent of mining. past practices. However, especially riparian habitat from one time period to

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the next will not tell what the effect on in the West are thicker because there is scientific data indicate this disease as a western yellow-billed cuckoos will be. more calcium in the West. major factor in the western yellow- Tens of thousands of acres of riparian Our Response: There is a large body billed cuckoo’s decline. habitat still exist on the Lower Colorado of literature linking environmental DDT (83) Comment: One commenter stated River, but almost all of it, with the and its derivatives (e.g., that most pesticides are used in highly exception of the recently planted dichlorodiphenyldichloroethylene populated areas by people who do not restoration sites, is comprised only of (DDE)) to eggshell thinning in birds. follow label instructions. tamarisk that does not support western Calcium deficiency can cause eggshell Our Response: While this statement yellow-billed cuckoos. Tamarisk thinning in bird eggs, but this effect has may be true, western yellow-billed domination has occurred on many river not been demonstrated through region- cuckoos rarely occur in or near highly systems through the range of the by-region comparisons or a population- populated areas and are much more western yellow-billed cuckoo. Along to-population comparisons. Trees and likely to be affected by application of other streams like the Sacramento River, shrubs rarely show the effects of pesticides on adjacent agricultural other invasive species, such as edible fig calcium deficiency within either the fields. See ‘‘Pesticides’’ section, below, and black walnut, have become eastern or western range of the yellow- for further information on the impacts of dominant, and these areas now provide billed cuckoo in North America. pesticides on the western yellow-billed lower quality habitat for western Yellow-billed cuckoos would obtain cuckoo. yellow-billed cuckoos even though the calcium from their prey, which would (84) Comment: Two commenters overall acreage of riparian habitat has obtain calcium from the leaves they eat. mentioned, and included references on, risen over the past 20 years. In many It is not clear that environmental the new threat of neonicotinoid river systems in the Great Basin, calcium is more available in riparian pesticides, which are extremely toxic to zones in the West than it is in the East. Russian olive (Elaeagnus angustifolia) is caterpillars. It is also unclear as to what effect an now the dominant species, and it has Our Response: Neonicotinoid abundance of environmental calcium reduced the habitat value for western pesticides are systemic chemicals that yellow-billed cuckoos. In response to has on yellow-billed cuckoo bird eggshells. There are no scientific studies are taken up through various plant parts the second part of the comment, the and can be distributed through a plant’s discussion under the section The that the Service is aware of on this topic. tissues. These chemicals can be applied Present or Threatened Destruction, to a plant as a seed coating, through soil Modification, or Curtailment of its (81) Comment: One commenter stated that rotenone used by Game and Fish contact, through irrigation water, or as Habitat or Range details the effect that a foliar spray. Many of these chemicals human activities have had and are agencies to kill fish may have injured western yellow-billed cuckoos. are long-acting, with half-lives up to 2 continuing to have on riparian systems Our Response: Although rotenone is years. Plant tissues that have been throughout the range of the western classified as a broad-spectrum pesticide treated are toxic to both sap-sucking yellow-billed cuckoo. and has been used to control insects, we (e.g., aphids and true bugs) and foliage- (78) Comment: One commenter asked are not aware of any information that eating insects (e.g., caterpillars, that all statements regarding threats the use of the chemical as a piscicide katydids, grasshoppers, and beetles). from water projects and water (control of fish) has harmed the western Many of these foliage-eating insects are management should be removed from yellow-billed cuckoo. The exposure risk potential prey of the western yellow- the document. of rotenone to terrestrial birds is low, billed cuckoo. This information has Our Response: Threats from water and studies have shown that it would been incorporated into this final rule. projects and water management are take levels of consumption of fish, Additional Threats significant threats as detailed in the vegetation, and/or water that are not proposed and this final rule. As such, physically possible or probable to reach (85) Comment: Several commenters discussion of these threats is a lethal dose (Finlayson et al. 2000, p. stated that there were threats to western appropriate. See discussion under the 193). The commenter did not provide yellow-billed cuckoos that were not Habitat Loss from Dams and Alteration information on the possible mechanism discussed in the proposed rule. These of Hydrology section for additional behind this perceived threat. included threats from recreational information. (82) Comment: One commenter stated shooting, threats from solar generation sites, and threats from wind power. Drought that West Nile virus was a reason that yellow-billed cuckoos have declined. Our Response: All the activities may (79) Comment: One commenter stated Our Response: As discussed below in impact the western yellow-billed that western yellow-billed cuckoos had the Disease or Predation section, the cuckoo. In our evaluation of threats, we declined because of the drought and U.S. Geological Survey’s National identified those threats that rise to the will recover now that the rains have Wildlife Health Center has identified level of being a threat to the continued returned. the yellow-billed cuckoo as a species existence of the species. Although these Our Response: While drought may that is subject to the effects of West Nile activities affect the species, we do not have a negative effect on western virus and the Center for Disease find that these activities would have a yellow-billed cuckoo populations, the Control’s (CDC) Vector-Borne Disease significant effect on the species. declines in the western yellow-billed Web site reports that West Nile virus Comment on Regulatory Mechanisms cuckoo’s range and populations have has been documented in a dead yellow- occurred through both wet and dry billed cuckoo (Center for Disease (86) Comment: Five commenters periods over the past 150 years. Control 2012). The information on the stated that Factor D, inadequacy of impact of West Nile virus to the western existing regulatory mechanisms, is also Pesticides and Disease yellow-billed cuckoo does not suggest a significant threat. Other commenters (80) Comment: One commenter stated that it has undergone a precipitous stated that the proposed rule ignored the that dichlorodiphenyltrichloroethane decline coincident with the relatively Federal regulatory mechanisms that (DDT) does not thin eggshells and that recent arrival of West Nile virus in protect western yellow-billed cuckoos western yellow-billed cuckoo eggshells western North America, and no and their habitat.

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Our Response: The proposed and this cuckoos, while being a riparian obligate appropriate for the western yellow- final rule present a detailed discussion species, have different ecological billed cuckoo. Based on our review, we of Federal, State, and international laws requirements than other species that are have determined that modifying our and regulations that provide some already listed (e.g., southwestern willow ‘‘standard’’ regulations for a threatened protection and conservation benefit to flycatcher and least Bell’s vireo). As a species would not be necessary and the western DPS of the yellow-billed result, it has not been proven that the advisable in providing for the cuckoo. The western yellow-billed conservation measures outlined by conservation of the western yellow- cuckoo has continued to decline, and its commenters would ‘‘take care’’ of the billed cuckoo. If new or additional habitat has continued to be lost and western yellow-billed cuckoo and its information is received that may suggest degraded. In determining if a species is habitat. In regards to quantification of that a rule issued under section 4(d) of to be added to the List of Endangered or the benefits habitat restoration, we the Act may be appropriate, we would Threatened Wildlife, the species needs readily acknowledge that any well- review such information and, if only to be threatened by one of the five developed and maintained restoration appropriate, issue a proposed section factors listed in section 4(a)(1) of the efforts will most likely benefit the 4(d) rule for public comment prior to Act. According to our analysis of the western yellow-billed cuckoo and its developing any final section 4(d) best scientific and commercial habitat. However, we have found that, prohibitions for the species. information available, the western in some cases, even when habitat Listing Process Public Input yellow-billed cuckoo is threatened by restoration has been completed, the both Factors A and E. Our evaluation of benefit to the species has not been clear, (91) Comment: Eight comments were Factor D discusses the extent to which as some areas still remain unoccupied received on the listing process. This the inadequacy of each existing or their numbers continue to decline. included statements regarding: regulatory mechanism exacerbates the (89) Comment: Two commenters were Inadequate public feedback, that listing threats evaluated in Factors A and E. An concerned that the listing of the western decisions should reflect customs and individual regulatory mechanism may yellow-billed cuckoo would disrupt cultures of the local community, that reduce a threat to a greater or lesser recovery efforts for the southwestern court settlements should not be a factor extent, but none separately or in willow flycatcher and the Rio Grande in listing decisions, and that a finding combination reduces any of the threats silvery minnow (Hybognathus amarus). of warranted but precluded should have to the point that they are no longer Our Response: We disagree. Although been maintained as a possibility. threats to the western yellow-billed additional coordination would be Our Response: In accordance with the cuckoo. required to ensure that the habitat and Act and the Administrative Procedure species needs for all three species was Act (5 U.S.C. Subchapter II), and our Comment on Cumulative Effects occurring for a potential recovery regulations in Title 50 of the Code of (87) Comment: Several commenters action, we do not believe that that Federal Regulations (CFR), we have stated that the proposed rule needs process would favor or harm any one solicited public comment on our more emphasis on cumulative effects. single species in particular. In fact, by proposed listing action. The comment Our Response: We recognize that implementing recovery efforts for two or period was reopened twice to insure cumulative effects are important. more species it would present that the public had ample opportunity Cumulative effects are discussed in opportunities that may be larger in scale to comment on the proposed rule. several sections of the proposed and this or allow greater flexibility than smaller Listing endangered or threatened final rule, including the section of water disjointed efforts for single species species is a process that examines management, grazing, climate change, conservation. threats to the species. Although customs and pesticide use. Please see those and cultures of local communities are Comments on Potential Exemptions sections for additional information on important considerations, they are not (Section 4(d) Rule) the impacts of cumulative effects on the part of the listing process under the Act. western yellow-billed cuckoo. (90) Comment: Several commenters Court settlements were not a factor in requested that rules under section 4(d) preparation of the proposed rule to list Comment on Conservation Measures of the Act be included in the listing to the western DPS of the yellow-billed (88) Comment: Eighteen commenters exempt the following activities: (a) Oil cuckoo as a threatened species. The discussed conservation measures and and gas development and other court settlement simply guaranteed that indicated that benefits from economic activities; (b) riparian the Service would do an analysis of the conservation measures were not restoration activities; (c) all existing western DPS of the yellow-billed cuckoo discussed and that conservation conservation activities; and (d) land and and determine if it should be listed as measures for other species should ‘‘take water use activities. an endangered species or a threatened care’’ of the western yellow-billed Our Response: Section 4(d) of the Act species or not listed. Regarding cuckoo. Others stated that there was a allows the Secretary the discretion to maintaining the warranted-but- need to quantify the benefits of riparian issue such regulations as [s]he deems precluded category as a listing habitat restoration to western yellow- necessary and advisable to provide for possibility, the western yellow-billed billed cuckoos. the conservation of a species. The cuckoo was previously found to be Our Response: Conservation measures Service’s standard policy (under 50 CFR ‘‘warranted but precluded,’’ in 2001; the and their effect on western yellow-billed 17.31(a)) for issuing prohibitions for next step in the listing process is to cuckoos are discussed in the proposed threatened species is to apply all the either propose it for listing (and finalize and this final rule. The majority of prohibitions applicable to endangered the proposal if appropriate) or make a currently implemented conservation species to a threatened species unless finding that the species is no longer measures focus on species other than otherwise revoked by issuance of more warranted for listing. the western yellow-billed cuckoo. specific prohibitions. In the case of the Conservation measures that are carried western yellow-billed cuckoo, we Use of the Best Available Scientific and out for other species may have a reviewed whether the ‘‘standard’’ Commercial Information positive effect on the western yellow- prohibitions apply or whether more (92) Comment: Ten commenters said billed cuckoo, but western yellow-billed specific prohibitions might be that the science used in the proposed

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rule is flawed, inaccurate, and biased (94) Comment: One commenter said incorporation of additional information and is not the best available science. that two recent peer reviewed papers on the species’ biology, this final rule Several commenters indicated that the (Villarreal et al. 2014 and Wallace et al. has not changed significantly from the Service should only select the ‘‘best’’ 2013) that were not cited in the proposed rule. Changes to the final rule data from the data that was available. proposed rule are not valid. include: (1) Updates to the life-history Our Response: All available sources of Our Response: The Service information of the species’ vocalizations data on distribution and abundance of appreciates the commenter drawing our and how these changes may have yellow-billed cuckoos in the western attention to these papers that had affected survey results for the species; United States were consulted, reviewed, published after the proposed rule was (2) updates to survey data (though no and used in the proposed rule. We also published in the Federal Register new populations have been located and provided the proposed rule for peer (October 3, 2013). We will evaluate no major increases have been noted in review to five knowledgeable these peer-reviewed papers, which deal the past 2 years); (3) updates to the individuals with scientific expertise that with modeling western yellow-billed threats in Factor A; and (4) the addition included familiarity with the yellow- cuckoo habitat using remote sensing, of threats of neonicotinoid pesticides in billed cuckoo and its habitat, biological and with the commenter’s concerns in Factor E. needs, and threats. We reviewed all mind, we will consider them in our We did receive information from the comments we received from the peer final critical habitat designation as State of Washington regarding habitat reviewers for substantive issues and appropriate. use in the Pacific Northwest including new information regarding the listing of (95) Comment: One commenter stated western Oregon, western Washington, the western DPS of the yellow-billed that they did not like the use of data and southwestern British Columbia. cuckoo. The peer reviewers generally from the Arizona Breeding Bird Atlas This information updates our Habitat concurred with our methods and (Corman and Wise-Gervais 2005, pp. Use and Needs section of the proposed conclusions, and provided additional 202–203) in the proposed rule. listing rule. In describing habitat use by information, clarifications, and Our Response: Arizona Breeding Bird the species, we stated that the species suggestions to improve this final rule. Atlas data (Corman and Wise-Gervais requires large blocks of habitat in Additional data were provided by 2005, pp. 202–203) were used in the riparian landscapes for breeding. In the commenters, including Federal and proposed rule to demonstrate that description of breeding habitat, the State wildlife and resource agencies, but western yellow-billed cuckoos are found document generally focuses on riparian none of that additional data changed the on a small percentage of the landscape areas in arid environments as this is pattern of western yellow-billed cuckoo in Arizona. Breeding bird atlases are an where the majority of confirmed distribution and abundance presented important source of information on bird breeding now occurs. The result gives in the proposed rule. In response to the distribution and abundance in areas the impression that the species does not selection of data, we conclude that it is where they are available. To not present currently use or has not historically much better to present and discuss all these data would be contrary to our used more moist riparian areas such as available pertinent data in our requirement to use the best available northern California, western Oregon, determinations, rather than be science in listing decisions. western Washington, and southwestern subjective and select which data to British Columbia, Canada, as breeding present and review. We have made our Property Rights habitat. Although breeding for the determination in this final rule solely (96) Comment: Two commenters western yellow-billed cuckoo has not based on the best available scientific stated that listing the western yellow- been recently confirmed in Oregon, and commercial data available as billed cuckoo will restrict property Washington, and British Columbia, required by section 4(b)(1)(A) of the Act. rights and access to public lands. these more moist areas are within the (93) Comment: One commenter stated Our Response: This comment was historic breeding range of the species. that the Service did not cite papers in presented generally with no specific Recent observations indicate that the proposed rule that were cited in the instances or information. It is very western yellow-billed cuckoos 12-month finding. unlikely that listing the western yellow- occasionally occur in these areas and Our Response: The proposed rule is billed cuckoo will have the effect of the possibility of breeding in Oregon, an updated and more thorough review limiting access to public lands. Direct Washington, and British Columbia of the best available information on the human disturbance is not seen as a cannot be ruled out at this time. We are western yellow-billed cuckoo and is an major threat to the western yellow- not including the Habitat Use and independent document from the 12- billed cuckoo as discussed in the final Needs section in this final rule, but are month finding (66 FR 38611; July 25, rule. It is unclear what the commenter updating the information here and 2001). Additional research has been meant by restriction of property rights, incorporating the remainder of the completed on the species, and but it is not likely that listing the discussion contained in the proposed additional peer-reviewed papers have western yellow-billed cuckoo will have rule by reference. been published and reports written over an adverse effect on private property Summary of Factors Affecting the the past 13 years that supersede ownership or use. previously published paper and reports. Species The new information in some cases has Summary of Changes From Proposed Section 4 of the Act and its confirmed, updated, or revised older Rule implementing regulations (50 CFR 424) research. These are all reasons that some Based upon our review of the public set forth the procedures for adding papers that were cited in the 12-month comments, comments from other species to the Federal Lists of finding are not directly cited in the Federal and State agencies, peer review Endangered and Threatened Wildlife proposed rule. However, information comments, and any new relevant and Plants. A species may be and research cited in the 12-month information that may have become determined to be an endangered or finding is still part of the decisional available since the publication of the threatened species due to one or more record for the western yellow-billed proposal, we reevaluated our proposed of the five factors described in section cuckoo and included (by reference) in rule and made changes as appropriate. 4(a)(1) of the Act: (A) The present or this final rule. Other than minor clarifications and threatened destruction, modification, or

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curtailment of its habitat or range; (B) prevent the riparian plants that are the change. The Factor A threats are overutilization for commercial, basis of the species’ habitat from described in more detail below. recreational, scientific, or educational growing at all. The consequences of Moreover, past and ongoing impacts to purposes; (C) disease or predation; (D) these past actions may have initially the species’ habitat are working in the inadequacy of existing regulatory resulted in destruction or modification combination with other threats, which mechanisms; or (E) other natural or of then-existing riparian habitat; are discussed in greater detail in Factors manmade factors affecting its continued however, once that habitat is lost, the C and E, below. existence. Listing actions may be changed conditions (such as changed Habitat Loss From Dams and Alteration warranted based on any of the above hydrologic regime) also prevents of Hydrology Dams threat factors, singly or in combination. riparian habitat from regenerating, even Each of these factors is discussed below. in the absence of other impacts. For Several researchers and scientific organizations including the Service A. The Present or Threatened example, channelization—through manmade levees or other constructs, or reviewed the following effects of human Destruction, Modification, or modification of natural hydrological Curtailment of Its Habitat or Range through channel incising as a consequence of other actions—may processes on riparian habitat, including The decline of the western yellow- leave the geographical area where those from dams (Poff et al. 1997, pp. billed cuckoo is primarily the result of riparian plants once grew (such as the 769–784; Greco 1999, pp. 36–38; riparian habitat loss and degradation. watercourse’s floodplain) physically National Academy of Sciences (NAS) Within the three States with the highest untouched, but the altered hydrology 2002, pp. 145–150; Service 2002, historical number of western yellow- prevents riparian plant species from Appendix I, pp. 1–12). Dams result in billed cuckoo pairs, past riparian habitat germinating and growing. an immediate effect of destroying losses are estimated to be about 90 to 95 riparian structure and functioning due percent in Arizona, 90 percent in New Principal causes of riparian habitat to habitat displacement from dam Mexico, and 90 to 99 percent in destruction, modification, and construction and by permanent California (Ohmart 1994, pp. 276–281; degradation in the range of the western inundation, sometimes flooding miles of DOI 1994, p. 215; Noss et al. 1995, pp. yellow-billed cuckoo have occurred upstream riparian areas. This results in 37, 46; Greco 2008, p. 5). Many of these from alteration of hydrology due to the physical loss of riparian vegetation. habitat losses occurred historically, and dams, water diversions, management of In the absence of vegetation, the western although habitat destruction continues, riverflow that differs from natural yellow-billed cuckoo cannot breed, feed, many past impacts have subsequent hydrological patterns, channelization, or find shelter. Current and future ramifications that are ongoing and are and levees and other forms of bank releases of water downstream from affecting the size, extent, and quality of stabilization that encroach into the dams at unnatural rates of flow or riparian vegetation within the range of floodplain. These losses are further timing that differ from preconstruction the western yellow-billed cuckoo. The exacerbated by conversion of hydrologic circumstances, or at too connection between habitat loss and the floodplains for agricultural uses, such as frequent or too infrequent intervals, may decline of western yellow-billed crops and livestock grazing. In lead to flooding or desiccation beyond cuckoos is thoroughly documented in combination with altered hydrology, the tolerance limits of the native California (Gaines and Laymon 1984, these threats promote the conversion of riparian vegetation, thus resulting in pp. 49–80). These adverse impacts to existing primarily native habitats to loss of habitat of the western yellow- the western yellow-billed cuckoo’s monotypic stands of nonnative billed cuckoo. habitat including habitat loss and vegetation, which reduce the suitability Dam construction has been occurring degradation are occurring now and are of riparian habitat for the western since the settlement of western North anticipated to continue for decades to yellow-billed cuckoo. Other threats to America with its peak in the mid-20th come. riparian habitat include long-term century. These include most major Moreover, these impacts are often drought and climate change. These western rivers, many of which have a subtle. As described in the Habitat Use threats are summarized in a recent series of dams, and include, but are not and Needs section in the proposed rule, detailed review of the literature on the limited to, the Sacramento, Kern, San during the breeding season the habitat subject (Poff et al. 2011, pp. 1241–1254). Joaquin, Mojave, Snake, Gila, Salt, of the western yellow-billed cuckoo Water management and delivery Verde, and Rio Grande, including 25 consists of expansive blocks of riparian throughout the western United States is major reservoirs built on the Colorado vegetation containing trees of various contentious, and resolving issues related and Green Rivers alone between the ages, including in particular larger, to water allocation is difficult and often 1930s and 1970s (Richter et al. 1998, p. more mature trees used for nesting and a lengthy, heavily contested process. 332). In northern Mexico, these rivers foraging. In order for these areas to The exact timeframe for resolving water include the Rı´o Conchos, Yaqui, and remain as viable western yellow-billed management and delivery issues and Mayo, Rı´o Bambuto, Rı´o Bravo, cuckoo habitat, the dynamic transitional their impact on the western yellow- Tubutama, La Reforma, Cuchujaqui process of vegetation recruitment and billed cuckoo and its habitat would vary River in Alamos, Aconchi and Baviacora maturity must be maintained. Without on the location, resource demands, in Rı´o Sonora, and Upper San Pedro such a process of ongoing recruitment, sensitive habitat or species concerns, River in Sonora (Instituto del Media habitat becomes degraded and is stakeholders, and amount of water Ambiente y el Desarrollo Sustentable eventually lost. In our discussion below, available. As a result, we would expect del Estado de Sonora (IMADES) 2003, p. we identify human impacts to riparian that resolving water issues for the 4; Kelly and Arias Rojo 2007, pp. 2–3; vegetation as resulting in current and various uses (agriculture, urbanization, Cornell et al. 2008, p. 96). ongoing destruction and modification of wildlife, and tribal interests) in the west There are now dozens of large dams existing and future potential habitat for will be a lengthy ongoing process and and scores of smaller dams on rivers the western yellow-billed cuckoo. not be resolved in the near future (10– throughout the range of the western Past actions by humans have resulted 20 years) and may take substantially yellow-billed cuckoo. Today, the rate of in changes to the landscape, the longer considering the increased building new dams has slowed because hydrology, or both such that they demands and the effects of climate most of the highest quality dam sites

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already have dams constructed on them. Merced River confluence found that, cuckoo within the immediate upstream There were proposals to build two dams between 1937 and 1993, the area of influence of the associated reservoirs. on Cottonwood Creek, one of the major riparian forest and scrub decreased 28 For example, one of the largest tributaries of the Sacramento River percent, from 6,787 to 4,914 ac (2,727 to concentrations of western yellow-billed (USACE 1982), but it is not clear when 1,989 ha), and the herbaceous riparian cuckoo in New Mexico occurs at the or if these dams will be built. A larger vegetation decreased from 4,076 to 780 inflow to Elephant Butte Reservoir on current threat is the enlargement ac (1,650 to 316 ha) (Jones and Stokes the middle Rı´o Grande (Sechrist et al. (raising of dams or control structures) of Associates, Inc. 1998, Chap. 5, pp. 1–2). 2009, p. 1; Ahlers and Moore 2011, pp. existing dams. The enlargement of These losses are most likely attributed 19–20). Western yellow-billed cuckoo Terminus Dam on the Tule River in to reduced stream flow down the river numbers increased following several California by 21 ft (6.5 m) in height was as a result of water diversions. years when water levels receded and completed in 2004 (Barcouda et al. In the case of the San Joaquin River, riparian vegetation expanded into the 2006, p. 12), and proposals to enlarge efforts are under way for restoring a exposed area of the reservoir pool. The Shasta Dam on the Sacramento River by more natural functioning hydrologic western yellow-billed cuckoo up to 18.5 ft (5.7 m) in height and system and to restore riparian habitat population there continues to increase, increasing its storage capacity (Reclamation 2012, pp. 7–8). Generally, likely as a result of continued (Reclamation 1999, pp. 3–8; in the absence of ongoing dam drawdown from long-term drought that Reclamation 2013, pp. ES 15–22) and operations, where areas are allowed to allows maturation of the riparian forest Friant Dam on the San Joaquin River by flood and deposit sediment, the habitat into suitable breeding habitat (Ahlers up to 140 ft (43 m) in height are being is likely to regenerate naturally. and Moore 2011, pp. 19–20). Drought explored (Reclamation 2003, pp. 3.1– However, because of the way the patterns are cyclical, and, when wetter 3.8), and the raising of Lake Isabella on majority of dams are operated, the conditions return to the region, the Kern River by the USACE is in the ability for the stream courses to promote Elephant Butte Reservoir likely will be final stages of implementation (USACE natural regeneration and maintenance of refilled. When this happens, 2012, pp. 1–4). Larger dams with riparian habitat has been greatly approximately 92 percent of 44 to 87 additional storage would likely flood diminished. These impacts are pairs of western yellow-billed cuckoos potential western yellow-billed cuckoo happening now and are likely to there (detected during the 2007 and habitat upstream and cause additional continue without changes to water 2008 surveys) would be displaced hydrologic disruption downstream. release strategies and management. through inundation (Reclamation 2009, While the amount of habitat lost After the completion of the larger pp. 64–65). within the construction zone of a dam dams on the Colorado River system The threat to the western yellow- is relatively small, far greater amounts starting in the 1930s, limited pulse billed cuckoo’s habitat from fluctuating of habitat are destroyed in the areas of flows reached the lower Colorado River water levels behind dams is likely to inundation and through the ongoing in Mexico for nearly 50 years, resulting occur elsewhere in the range of the effects of the amount and timing of in the loss of cottonwood–willow forests western yellow-billed cuckoo. In water releases through the dam and the establishment of tamarisk California, the State’s second largest operation, which affects both upstream (Glenn et al. 2001, pp. 1175–1186; population of western yellow-billed and downstream habitats. Ongoing Nagler et al. 2005, pp. 1843–1844). cuckoos occurs within the inflow delta downstream effects to riparian habitat Local decline of the western yellow- footprint of Lake Isabella, a dammed from dams include changes in sediment billed cuckoo and other riparian birds reservoir on the Kern River. Breeding transport due to sediment retention has been attributed to that habitat loss western yellow-billed cuckoos are also behind the dams so that channels below and degradation (Hinojosa-Huerta et al. found at other reservoir inflow deltas, a dam become increasingly ‘‘sediment 2008, p. 81). Additionally, along the Rı´o such as Horseshoe Reservoir on the starved.’’ This situation causes vertical Altar in northern Mexico, completion of Verde River (Dockens and Ashbeck erosion (downcutting), which can lead the Cuauhte´moc Dam and Reservoir 2011a, p. 1) and the Tonto Creek and to loss of river terraces that sustain (Presa Cuauhte´moc) in 1950 diverted Salt River inflows to Roosevelt Lake in riparian vegetation (NAS 2002, pp. 145– surface water and contributed to Arizona (Salt River Project 2002, pp. 150; Poff et al. 2009, pp. 773–774; Poff increased vegetation clearing for 61–67). and Zimmerman 2010, pp. 196–197). agriculture, degradation of mature The temporary gain in riparian habitat Ongoing operations of large dams can cottonwood forests, and subsequent at the inflow of reservoirs can be also dampen the magnitude of normal declines in distribution and abundance beneficial to the western yellow-billed high flows, thus preventing cottonwood of riparian bird species associated with cuckoo by providing large expanses of germination (Howe and Knopf 1991, p. these forests (Flesch 2008, p. 43), additional nesting and foraging habitat 218), and dewater downstream reaches, including the western yellow-billed during a sequence of low-water years. causing substantial declines of riparian cuckoo, which is known to occur there. However, the value of such habitat is forests (NAS 2002, pp. 145–150). For In addition to past habitat losses, the affected by fluctuating water levels example, Groschupf (1987, p. 19) found altered hydrology caused by dams between years. Drastically fluctuating that almost all cottonwoods and over continues to have an ongoing impact on water levels with alternating inundation half of all willow trees were eliminated riparian habitat. and desiccation cycles have been from one waterway in Arizona that was While alteration of hydrology due to associated with fluctuations in exposed to repeated large releases of dam construction and other water populations of western yellow-billed water from a dam. This situation supply projects has been widely cuckoos that breed in reservoir inflow reduced the density of western yellow- implicated in the loss and degradation sites (Laymon and Williams 2002, pp. billed cuckoos from 13 per 100 ac (40 of downstream riparian habitat for the 12–13; Henneman 2008, pp. 12–13). For ha) before the flooding to 3 per 100 ac western yellow-billed cuckoo (Gaines example, along the Kern River, western (40 ha) after the flooding (Groschupf and Laymon 1984, p. 73; Greco 1999, yellow-billed cuckoo numbers increased 1987, p. 19). In another example, a pp. 36–38; Greco 2012, pp. 8–9), some during low reservoir levels for multiple study of the San Joaquin River from dams have resulted in temporary habitat years when vegetation recolonized the downstream of the Friant Dam to the expansion for the western yellow-billed drawdown area (Laymon et al. 1997, p.

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10), but western yellow-billed cuckoos from dams in the Colorado River system the highest number of western yellow- moved to other sites during a wet year (Rosenberg et al. 1991, pp. 18–23), the billed cuckoos (Villasen˜ or-Gomez 2006, when lake levels rose and flooded out western yellow-billed cuckoo numbers pp. 107–108; Greco 2008, p. 6; Greco habitat (Launer et al. 1990, p. 10; declined by 70–75 percent. Habitat has 2012, pp. 8–9). For example, the Halterman et al. 2001, p. 20). When the since improved on the Bill Williams Sacramento River from Red Buff to water receded, it took up to 2 years for River Delta, but western yellow-billed Colusa has a highly dynamic mosaic of western yellow-billed cuckoos to return cuckoo numbers remained low for habitat patches of varying ages that to breed in the area; however, this several years (Laymon and Halterman form, disappear, and reform in response return was at reduced numbers even 1987a, pp. 10–18). The actual to active river channel processes that though the habitat returned to previous mechanism that influences the yellow- operate over decades (Greco 2008, p. 6; levels (Laymon and Williams 2002, pp. billed cuckoo’s response to fluctuations Greco 2012, pp. 8–9). Although this 12–13; Henneman 2008, pp. 12–13). The in water levels is unknown, but loss of section of the Sacramento River is also reason for this delay in recolonization prey has been implicated; areas that affected by altered hydrology, it is far needs further study (Henneman 2010, were inundated normally support enough below Shasta Dam and below pp. 12–14). ground-nesting invertebrates, such as several major undammed tributaries, The water level continues to remain katydids and sphinx moths, that such as Cottonwood Creek and Battle below capacity at Lake Isabella due to western yellow-billed cuckoos feed Creek, that it still has flood events every dam safety concerns (Stewart 2012, upon, and it may take several years for few years that help support riparian pers. comm.). Once Lake Isabella fills these prey populations to rebound habitat processes (Werner 2012, pers. again to capacity, the riparian habitat (Laymon and Williams 2002, pp. 12–13; comm.). that has since formed at the inflow and Henneman 2008, pp. 12–13). The river provides habitat that supports western yellow-billed In Sonora, Mexico, large dams exist characteristics that Laymon (1998, p. 4) cuckoos will become inundated, at least on the Mayo, Yaqui, and Sonora Rivers indicated were important for the periodically (Whitfield 2012, pers. (Villasen˜ or-Gomez 2006, p. 107). We do western yellow-billed cuckoo in comm.), thereby impacting the habitat of not have information on the magnitude California, such as a meandering system the western yellow-billed cuckoo. In or frequency of effects, positive or with young riparian habitat that, addition, the USACE and the USFS are negative, from water management compared to mature woodlands, developing a proposal and have activities, to the western yellow-billed provides preferred nesting sites; high completed a final environmental impact cuckoo in those locations. However, we productivity of invertebrate prey; and statement on options to repair dam have no reason to believe that the dams reduced predator abundance (Laymon deficiencies and raise the height of the are managed in a substantially different 1998, p. 4). Another example of dam an additional 16 ft (4.9 m) (Isabella manner in Mexico than dams in the relatively intact riparian habitat in the Lake Dam Safety Modification Project southwestern United States, and the range of the western yellow-billed Environmental Impact Statement Final effects to riparian habitat are expected cuckoo is found in the highlands of October 2012). Pursuant to section 7 of to be similar. central Sonora, Mexico, which supports the Act, consultation was completed for Despite some positive effects of dams occupied habitat of the western yellow- the proposed action, but the western on increasing western yellow-billed billed cuckoo. Villasen˜ or-Gomez (2006, yellow-billed cuckoo was not a species cuckoo habitat in a few areas, these p. 108) found that the maintenance of addressed in the biological opinion. gains in habitat are only temporary, and the natural flooding regimes due to the Lake Isabella is currently managed to overall, the net effect of dams on the limited number of water development minimize incidental take of the species has been negative. As such, structures has allowed riparian southwestern willow flycatcher dams and their ongoing operations are vegetation along sections of the Sonora, (flycatcher) (Empidonax traillii extimus) a threat to the western yellow-billed Moctezuma, and Sahiaripa Rivers to from reservoir operations and recreation cuckoo over most of its range. This persist in very good condition in some using reasonable and prudent measures threat has resulted in substantial areas. Most of the known occurrences of developed during consultation with the historical losses of western yellow- western yellow-billed cuckoo in central Service (Service 1996, 1999, and 2005, billed cuckoo habitat resulting in a Sonora are associated with these entire). Some of these measures to curtailment of the species’ range. The regions. conserve the flycatcher may be ongoing operation of these dams is We conclude that dams continue to beneficial to the western yellow-billed likely to have minor impacts to the affect both the downstream and cuckoo; however, the eventual species at any given location, but upstream habitat through alteration of inundation of the drawdown area of the because so many of the waterways flows. These effects can include widely reservoir will result in some degree of within the range of the species have fluctuating water levels at inflow sites temporary habitat loss and degradation been dammed, we believe this threat has that inundate nesting habitat, limit food under current operational guidelines a substantial cumulative impact on the resources, and flood or desiccate habitat and may result in permanent loss of habitat of the western yellow-billed (Poff et al. 1997, pp. 769–784; Greco habitat for the western yellow-billed cuckoo, especially when considered 1999, pp. 36–38; NAS 2002, pp. 145– cuckoo if the proposed dam raise is with other threats. Moreover, we expect 150; Service 2002, Appendix I, pp. 1– implemented. Similar periods of the operation of these dams will 12). Downstream effects caused by inundation and drawdown, resulting in continue in a similar manner for sediment retention behind dams, or corresponding development and decades to come, and thus we expect sediment scouring and removal caused destruction of suitable western yellow- this threat to be an ongoing impact to by excessive water releases, do not billed cuckoo habitat, occur at Roosevelt the western yellow-billed cuckoo’s mimic the natural flow regimes and Lake (Salt River Project (SRP) 2002, habitat. often result in the inability for entire). The areas where the floodplain is still cottonwoods to become established or In Arizona, following the high water hydrologically connected to the river regenerate and provide habitat for the levels of 1983–1984 and 1986 on the and has relatively unconstrained western yellow-billed cuckoo. Woody Bill Williams River Delta, which is riverflow, such as in some areas of and herbaceous debris accumulates in influenced by fluctuating water levels California and Sonora, Mexico, support the absence of these scouring flows,

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increasing fire risk and intensity is also affecting river flows and riparian breeding sites that are supported by (Stromberg and Chew 2002, pp. 195– vegetation along rivers that support the various types of supplemental water 219) (see section on Wildfire below). western yellow-billed cuckoo in including agricultural and urban runoff, Dams and their flow modifications Mexico, including the Rı´o Conchos in treated water outflow, irrigation or have ongoing effects to habitat and will Chihuahua (Kelly and Aria-Rojo 2007, diversion ditches, reservoirs, and dam likely do so for decades to come, further p. 174; Cornell et al. 2008, p. 98) and outflows (Service 2002, p. D–15). modifying the habitat of the western the Rı´o Altar in Sonora, where the Although the waters provided to these yellow-billed cuckoo. Therefore, direct quantity of surface water declined habitats might be considered and indirect destruction of riparian greatly between 2000 and 2007 (Flesch ‘‘artificial,’’ they are often important for habitat resulting from altered hydrology 2008, pp. 44–45). Therefore, ground maintaining the habitat in appropriate from past dam-building activities water extraction and water diversions condition for breeding western yellow- continues to contribute to the create an ongoing threat to western billed cuckoos within the existing curtailment of the range of the western yellow-billed cuckoo habitat. environment. yellow-billed cuckoo. Additionally, as a The hydrologic regime (stream flow result of future predicted climate change pattern) and supply of (and interaction Encroachment of Levees and Flood (see Climate Change section below), the between) surface and subsurface water Control and Bank Stabilization climate within the range of the western is a driving factor in the long-term Structures Into the River Channel and yellow-billed cuckoo will likely become maintenance, growth, recycling, and Floodplain drier, which will increase the demand regeneration of western yellow-billed Other alterations in river hydrology for water storage and conveyance cuckoo habitat (Service 2002, p. 16). As with ongoing effects on western yellow- systems, which in turn will likely streams reach the lowlands, their billed cuckoo habitat include river increase the frequency and severity of gradients typically flatten and channelization, construction of levees, impacts on western yellow-billed surrounding terrain opens into broader bank stabilization, and placement of any cuckoo habitat (Stromberg et al. 2013, floodplains (Service 2002, p. 32). In flood control structures that encroach pp. 411–415). these geographic settings, the stream- into the river and its floodplain. These flow patterns (frequency, magnitude, actions result in direct loss of habitat Surface and Ground Water Diversion duration, and timing) will provide the from construction and from Water extractions, both from surface necessary stream-channel conditions maintenance activities that remove water diversions and ground water (wide configuration, high sediment woody vegetation that has become pumping, can negatively affect riparian deposition, periodic inundation, established on the structures. vegetation (Poff et al. 1997, pp. 769– recharged aquifers, lateral channel Furthermore, these structures are 784; Service 2002, Appendix I, pp. 1–8). movement, and elevated ground-water effective, by design, at severing the Water diversions and withdrawals can tables throughout the floodplain) that hydrologic connection of the river’s lower ground water levels in the result in the development of riparian main channel and the river’s immediate vicinity of riparian vegetation. Because habitat suitable for use by western floodplain, thereby preventing overbank ground water and surface water are yellow-billed cuckoos (Poff et al. 1997, flooding. By preventing overbank generally connected in floodplains, pp. 770–772; Service 2002, p. 16). flooding, levees and other similar lowering ground water levels by only Allowing the river to flow over the structures reduce the amount of water about 3 ft (1 m) beneath riparian areas width of the floodplain, when overbank available to riparian vegetation in the is sometimes sufficient to induce water flooding occurs, is integral to allow floodplain, which results in desiccation stress in riparian trees, especially in the deposition of fine moist soils, water, and eventual loss and degradation of western United States (NAS 2002, nutrients, and seeds that provide the riparian habitat (Vogl 1980, pp. 84–86; p. 158). Physiological stress in native essential material for plant germination NAS 2002, p. 155; Greco 2012, vegetation from prolonged lower flows and growth. An abundance and pp. 8–9). Such effects are less or ground water results in reduced plant distribution of fine sediments extending destructive, however, for those levees growth rate, morphological change, or farther laterally across the floodplain located farther from the stream system, mortality, and altered species and deeper underneath the surface such as those outside the meander belt composition dominated by more retains much more subsurface water, of a river (Greco 2012, p. 4). drought-tolerant vegetation, and which in turn supplies water for the As an illustrative example, we conversion to habitat dominated by development of the vegetation that provide a brief summary of how river nonnative species (Poff et al. 1997, provides western yellow-billed cuckoo channelization, construction of levees p. 776). These effects reduce and habitat and microhabitat conditions close to the river, and rock riprap degrade habitat for the western yellow- (Service 2002, p. 16). The armoring along the levees have caused billed cuckoo for foraging, nesting, and interconnected interaction between destruction and modification of western cover. ground water and surface water yellow-billed cuckoo habitat on the Adverse effects of excessive ground contributes to the quality of the riparian Sacramento River, one of the most water extraction on riparian vegetation vegetation community (structure and substantial historical nesting and have been well-documented in the plant species) and will influence the foraging habitat areas for the western southwestern United States. Case ability of vegetation to germinate, yellow-billed cuckoo. The Sacramento histories on many river systems in regenerate, and maintain its foliage River is now disconnected from Arizona including the Santa Cruz River density, vigor, and species composition ecological processes that both renew and on the Owens River in California (Arizona Department of Water and restore riparian and aquatic habitats have documented the connection Resources 1994, pp. 31–32). (Laymon and Halterman 1987a, pp. 11– between overutilization of the ground In many instances, western yellow- 14; Halterman 1991, pp. 1–2; Greco water, lowering of the water table, and billed cuckoo breeding site occur along 2008, p. 6; Greco 2012, pp. 8–9). More the decline and eventual elimination of streams where human impacts are than one-half of the Sacramento River’s riparian vegetation (Zektser et al. 2005, minimized enough to allow more banks within the lowermost 194 mi (312 pp. 400–401; Webb and Leake 2006, natural processes to create and maintain km) of river have now been rip-rapped pp. 317–320). Ground water extraction the habitat. However, there are also by 40 years of bank protection (Service

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2000, pp. 26–29). Rock riprap armoring removing riparian vegetation for for miles on the main river and its a river reach often changes the river construction of the roadbed, and tributaries. As headcuts migrate dynamics and leads to channel modifying local hydrology to reroute upstream, the incision propagates downcutting and erosion immediately surface water and ground water. Bridges upstream (Kondolf et al. 2001, p. 49). downstream from the riprap. Therefore, or culverts require abutments along the This process creates ongoing and future riprapping banks leads to the need for bank to provide roadway support. impacts to habitat from past as well as more riprapping. Because abutments and roadbeds current gravel mining operations. Channelizing the river and severing physically constrain the stream, future Similar to the effects of manmade levees the connection to the floodplain has lateral adjustments by the stream, which when they disconnect floodplain habitat severely altered the natural disturbance can affect floodplain dynamics, are from the active river channel, artificial regime that would have allowed effectively eliminated, which reduces channel incision as a result of gravel riparian habitat to regenerate now and and degrades riparian habitat (NAS mining and similar activities reduces in the future (Poff et al. 1997, pp. 769– 2002, p. 182). Such impacts result in overbank flooding. This situation 784; Greco 2008, p. 6; Greco 2012, additional destruction and modification reduces the hydrological connection to pp. 8–9). The result is that much of the of habitat for the western yellow-billed the floodplain (Kondolf et al. 2001, river’s remaining riparian habitat is cuckoo. In comparison with p. 56), thereby resulting in subsequent modified, and now occurs in narrow, construction of dams and altered loss and degradation of riparian habitat disconnected, linear strips (Service hydrology, this threat, by itself, is less for the western yellow-billed cuckoo, 2000, pp. 26–29; Halterman et al. 2001, likely to result in severe impacts to throughout its range, including Mexico p. 4) that are not utilized by the western riparian habitat. However, this threat is (Cornell et al. 2008, p. 98). The effects yellow-billed cuckoo for breeding but one of many that, in combination, of incision and channel erosion are (Gaines 1974, p. 204; Greco 2012, p. 9). results in substantial changes to further exacerbated where gravel mining With the example of the Sacramento physical and hydrological properties of occurs in sediment-starved reaches River, nesting western yellow-billed a watercourse, which in turn contributes below dams (Kondolf et al. 2001, p. 10). cuckoos no longer occur south of Colusa to a substantial curtailment in the We expect past and ongoing gravel as the river has been channelized and habitat of the western yellow-billed mining activities, either alone or in riprapped from that point into the cuckoo. combination with other hydrological Sacramento-San Joaquin River Delta. changes in riparian areas, to continue to Gravel Mining These flood control and bank modify habitat and further curtail the stabilization structures also keep the Other past and ongoing effects to range of the western yellow-billed riparian habitat from regenerating and riparian habitat result from gravel cuckoo for decades. maturing. The factors that reduce mining (Kondolf et al. 2001, pp. 54, 59). In conclusion, dams, channelization, western yellow-billed cuckoo breeding Extraction of gravel, primarily for and other manmade features that alter in these areas are not well-understood, construction products, typically occurs the watercourse hydrology and encroach but reductions of breeding population along rivers and adjacent floodplains into the active channel and floodplain have been attributed to lack of patches where gravel deposits are naturally are threats to the habitat of the western of adequate size for nesting (Greco 2012, found. Large amounts of gravel removal yellow-billed cuckoo because they, pp. 8–9), increased predators, and the from the stream and active floodplain separately or in combination, species’ inability to use highly isolated result in channel downcutting or significantly reduce and degrade nesting patches (Halterman 1991, pp. 33–38), as incision, which affects groundwater and foraging habitats. The natural discussed under Factor E. The levels, frequency of overbank flows, processes that sustain riparian habitat in Sacramento River is but one of many bank stability, and the extent and these and similar dammed and rivers within the range of the western character of riparian vegetation of channelized river systems in the yellow-billed cuckoo where these specific stream reaches (Collins and American West and in northwestern activities have destroyed and modified Dunne, 1989, pp. 213–224; Kondolf Mexico have been altered, resulting in riparian habitat and where the 1995 pp. 133–136; NAS 2002, p. 179). only fragments or remnants of formerly ramifications of these past actions are Some examples of downcutting on large tracts of native riparian forests that continuing to impact the western streams in California that historically no longer support breeding western yellow-billed cuckoo’s habitat today. had, but no longer have, populations of yellow-billed cuckoos or support them These ongoing impacts will likely western yellow-billed cuckoos, include: in fewer numbers. The multiple effects continue for decades to come. Cache Creek, Yolo County (15.0 ft (4.6 from altered hydrology comprise the An additional pervasive threat is the m) average and 26.0 ft (8.2 m) maximum most widespread and greatest design of open-channel flood control downcutting); Merced River, Merced magnitude of current threats to habitat channels with inappropriately smooth County (5.9 ft (1.8 m) average and 7.8 that supports the western yellow-billed roughness coefficients. This creation ft (2.4 m) maximum downcutting); cuckoo. Such processes continue to over-scours the floodplains and requires Putah Creek, Yolo County (7.8 ft (2.4 m) modify habitat and further curtail the removal of woody riparian vegetation average and 15.0 ft (4.6 m) maximum range of the western yellow-billed that regenerates on floodplains, which downcutting); Russian River, Sonoma cuckoo. Moreover, we expect these in turn leads to floodplains with no County (11.4 ft (3.5 m) average and 17.9 alterations in the hydrology to continue western yellow-billed cuckoo habitat ft (5.5 m) maximum downcutting); and to affect habitat of the western yellow- (Greco 2013, pp. 707–717). Santa Clara River, Ventura County (15.6 billed cuckoo into the future. ft (4.8 m) average and 20.2 ft (6.2 m) Transportation Systems maximum downcutting) (Kondolf et al. Habitat Loss and Degradation From Similarly, transportation systems have 2001, p. 50). Agricultural Activities directly and indirectly altered a large Furthermore, gravel extraction creates Following the effects from alterations number of riparian areas in western a knickpoint (a sharp change in channel in hydrology in severity, conversion of North America (NAS 2002, p. 182). slope) that typically erodes upstream in riparian areas for agricultural crops and Road and rail systems are frequently a process known as headcutting, which livestock grazing has been, and sited along rivers, and often entail has the potential to propagate upstream continues to be, a major contributor to

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riparian habitat loss and degradation rules are applied to farmland along the billed cuckoo has been documented (NAS 2002, p. 161; Johnson et al. 2007, Gila, Rio Grande, Sacramento, and (O’Brien et al. 2008, p. 8). Grazing p. 61). Colorado Rivers, western yellow-billed intensity in northern Sonora, Mexico, is Large areas of cottonwood–willow cuckoo habitat could be eliminated to generally much higher than in adjacent floodplain vegetation have been meet these food safety concerns. Arizona (Balling 1988, pp. 106–107; converted to agricultural uses, further Accidental fire from farm workers Flesch 2008, pp. 44–45), which leads to reducing the extent of habitat available operating machinery or burning weeds greater degradation of riparian habitat to western yellow-billed cuckoos for sporadically escapes into adjacent than in Arizona. breeding (Swift 1984, pp. 225–226; riparian habitat. Recent fires on western The Service (2002, Appendix G, pp. Rosenberg et al. 1991, pp. 18–23). For yellow-billed cuckoo and southwestern 5–7) and Krueper et al. (2003, p. 608) example, within areas that support the willow flycatcher conservation reviewed the effects of livestock grazing, western yellow-billed cuckoo, clearing properties occurred in 2011, burning 58 primarily in southwestern riparian for agricultural uses occurred ac (24 ha) and 6 ac (2 ha), respectively, systems. The frequency and intensity of extensively in the past. On the within the Fort Thomas Preserve, on effects vary across the range of the floodplains of the Sacramento River parcels owned by the Salt River Project species, due to variations in grazing (Greco 1999, pp. 2, 107), riparian habitat and U.S. Bureau of Reclamation. Both practices, climate, hydrology, ecological was reduced from 775,000 ac (314,000 fires were determined to be human- setting, habitat quality, and other factors ha) in the 1850s to less than 18,000 ac caused, likely from farm workers (Service 2002, Appendix G, p. 1). (7,287 ha) by 1977 (Swift 1984, burning weeds along irrigation drains However, these effects generally include p. 226). Clearing for agriculture is also (SRP 2011, p. 39). the removal and trampling of vegetation extensive along the lower Colorado Other ongoing effects from cultivated and compaction of underlying soils, River (Rosenberg et al. 1991, pp. 18–23), agriculture on the western yellow-billed which can inhibit germination and San Pedro River, Gila River (Swift 1984, cuckoo are addressed under Factor E. change hydrology (Rea 1983, p. 40; p. 226), Rı´o Grande, and several river These include fragmentation of habitat Belsky et al. 1999, pp. 419–431) and courses in northern Mexico including, into smaller, more widely disjunct promote the dispersal of nonnative but not limited to, the Rı´o Yaqui, Rı´o patches; ongoing influence of plant species. Such effects are most Mayo, Rı´o Bambuto, Rı´o Tubutama, and agriculture on riparian bird community significant when riparian areas have Rı´o Sonora (Russell and Monson 1998, composition; and effects from been subject to overuse by livestock p. 11; IMADES 2003, p. 4; Villasen˜ or- pesticides, which can negatively impact (NAS 2002, pp. 24, 168–173). Overuse Gomez 2006, p. 108). Clearing also insect prey populations of the western occurs when grazed vegetation does not occurred along the coasts of Sinaloa and yellow-billed cuckoo. recover sufficiently to maintain itself southern Sonora, Mexico, resulting in Habitat Loss and Degradation From and soils are left bare and vulnerable to massive losses of thorn forest to Livestock Grazing Activities erosion. Over time, livestock grazing in industrial agriculture (Rohwer et al. riparian habitats, combined with other 2009, p. 19054). Domestic livestock grazing is a alterations in streamflow, typically Although most riparian and thorn traditional agricultural land use practice results in reduction of plant species scrub habitat losses largely stem from in the southwestern United States since diversity and density and may increase past agricultural clearing, effects from the first Spanish settlement along the the distribution and density of cultivated agricultural lands are Rio Grande in New Mexico in 1598 nonnative tamarisk by eliminating ongoing. Agricultural lands continue to (Little 1992, p. 88; Clary and Kruse competition from native cottonwood dominate much of the remaining 2004, p. 239). Livestock grazing and willow saplings, which are riparian landscape, particularly along continues to be a widespread preferred forage for livestock (Krueper et the Sacramento (Greco 1999, pp. 94, agricultural use of riparian areas in the al. 2003, p. 608). 104, 107), parts of the Gila, and lower western United States and is one of the Long-term cumulative effects of Colorado Rivers (Johnson et al. 2007, p. most common sources of past and livestock grazing involve changes in the 207); along the latter, 65 percent of ongoing riparian habitat degradation structure and composition of riparian western yellow-billed cuckoo survey (Carothers 1977, p. 3; Rickard and vegetation (Service 2002, Appendix G, sites are bordered on at least one side Cushing 1982, pp. 2–4; Cannon and pp. 5–7), which may affect suitability of by agriculture fields (Johnson et al. Knopf 1984, p. 236; Klebenow and habitat for western yellow-billed cuckoo 2007, p. 61). Riparian areas are Oakleaf 1984, p. 202; Swift 1984, pp. breeding and prey population sometimes viewed as a potential source 225–226; Clary and Webster 1989, pp. abundance. The western yellow-billed of plant and animal pests, a source of 1–2; Schultz and Leininger 1990, pp. cuckoo nesting habitat is structurally shade that may reduce crop yields, and 298–299; Bock et al. 1993, p. 300). complex with tall trees, a multistoried competition for scarce water resources Livestock grazing occurs in western vegetative understory, low woody (NAS 2002, pp. 170–171). For example, yellow-billed cuckoo habitat along vegetation (Halterman 1991, p. 35) and in the Salinas Valley in California, a sections of the middle Rio Grande in higher shrub area than sites without vigorous program is under way to New Mexico (Lehman and Walker 2001, western yellow-billed cuckoos comply with food safety practices that p. 12), Rı´o Conchos (Cornell et al. 2008, (Hammond 2011, p. 48). Livestock involve the clearing of riparian habitat p. 96), Rı´o Bambuto, Tubutama, La grazing alters understory vegetation, adjacent to certain types of crops in an Reforma, and Cuchujaqui River in reducing height and density or effort to eliminate wildlife presence, Alamos, Aconchi and Baviacora in Rı´o eliminating new growth in riparian which has been linked to contamination Sonora, and upper San Pedro River areas, and thereby hampering of crops with a virulent strain of the (IMADES 2003, p. 4), and several other recruitment of woody species that, bacteria Escherichia coli (Beretti and rivers in central Sonora, Mexico when mature, provide nest sites. Stuart 2008, pp. 68–69; Gennet et al. (Villasen˜ or-Gomez 2006, p. 108). Furthermore, the relatively cool, damp, 2013, pp. 236–242). While western Grazing also occurs extensively along and shady areas favored by western yellow-billed cuckoos do not currently watercourses in a protected reserve on yellow-billed cuckoos are those favored breed along the Salinas River (Gaines the Rı´o Aros and Rı´o Yaqui in Sonora, by livestock over the surrounding drier and Laymon 1984, p. 52), if these same Mexico, where the western yellow- uplands. This preference can

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concentrate the effects of habitat yellow-billed cuckoo by restricting or populations of tamarisk in southwestern degradation from livestock in western preventing the growth of riparian plants, Idaho, and eastern Washington and yellow-billed cuckoo habitat (Ames and such activities present an ongoing Oregon. Models based on projected 1977, p. 49; Valentine et al. 1988, p. threat. Most of the current impacts from climate change predict that this invasive 111; Johnson 1989, pp. 38–39; Clary and agricultural land uses arise from species will become more dominant in Kruse 2004, pp. 242–243). livestock overgrazing in riparian areas. this region over the next 100 years Removal, reduction, or modification Riparian vegetation can recover (Kerns et al. 2009, pp. 200–215). of cattle grazing has resulted in relatively quickly from these effects Tamarisk also occurs west to the Owens, increases in abundance of some riparian after livestock removal (Smith 1996, p. San Joaquin, and Sacramento Rivers in bird species. For example, Krueper 4; Krueper et al. 2003, p. 615). However, California, although it is still nearly (1993, pp. 322–323) documented without proper management to reduce absent from the mainstem Sacramento responses of 61 bird species, most of overgrazing, ongoing overgrazing will River in California and suitable habitat which increased significantly 4 years continue to contribute to habitat west of the Cascades in Oregon and after removal of livestock grazing in modification in the range of the western Washington. Arizona’s San Pedro River Riparian yellow-billed cuckoo into the future. Tamarisk also occurs as isolated National Conservation Area. The bird individuals along sections of the species guilds that increased most Habitat Loss and Degradation Due to Sonora, Moctezuma, and Sahiaripa dramatically were riparian species, Conversion to Nonnative Vegetation Rivers in Sonora, Mexico, where the open-cup nesters, Neotropical migrants, Throughout most of its range, habitat hydrology has been little altered by and insectivores, all species that share for the western yellow-billed cuckoo is human modifications (Villasen˜ or-Gomez characteristics with the western yellow- threatened by the conversion of native 2006, pp. 107–108). Its presence is billed cuckoo. The western yellow- riparian woodlands to riparian highly variable within sections of the billed cuckoo numbers in the study vegetation dominated by tamarisk and Rı´o Conchos in Chihuahua, Mexico, and increased, although not significantly other nonnative vegetation. The major becomes dominant in some reaches of (p=0.13) (Krueper et al. 2003, p. 612), threat from this habitat conversion is the that river (Kelly and Arias Rojo 2007, but their survey methodology was not change from vegetation that supplies the pp. 177–178; Cornell et al. 2008, p. 4). designed to detect western yellow-billed western yellow-billed cuckoos with The threshold (in terms of percent cuckoos. Recovery of vegetation in essential food and adequate thermal tamarisk) for abandonment of a riparian response to grazing removal in that cover to vegetation that does not system by western yellow-billed study was quickest and most provide these necessary components of cuckoos is not known. They are not pronounced in the lower vegetation habitat for the western yellow-billed found in areas that are totally layers, the most accessible to grazing cuckoo. The establishment and dominated by tamarisk with the cattle. Thus, this situation would allow persistence of tamarisk is often, but not complete lack of willows or a greater number of seedlings and always, aided by altered hydrology, as cottonwoods. In California, two native- saplings of cottonwoods and other nest described above. Altered hydrology is dominated areas occupied in 1977 by trees to attain maturity as suitable not the cause for establishment and several pairs of western yellow-billed nesting sites. persistence of other types of nonnative cuckoos had, by 1986, converted to In another example, livestock grazing vegetation; therefore, we present monotypic stands of tamarisk and were was terminated along portions of the information on nonnative vegetation in found to be uninhabited by western South Fork Kern River at the Kern River this separate section. yellow-billed cuckoos. Above Laguna Preserve in the 1980s, and western Tamarisk is the most widespread Dam on the Colorado River in 1977, at yellow-billed cuckoos increased in nonnative woody plant species found in least three pairs of western yellow- number in the years following livestock habitat for the western yellow-billed billed cuckoos occupied a 30-ac (12-ha) removal. Smith (1996, p. 4) contended cuckoo. Glenn and Nagler (2005, pp. site that was approximately 20–40 that termination of grazing at the Kern 420–423) provide most of the following percent willow (Laymon and Halterman River Preserve was responsible for the overview of tamarisk. Tamarisk is 1987a, p. 12). By 1986 no western dramatic increase in riparian vegetation, present in nearly every southwestern yellow-billed cuckoos were detected on which was concurrent with the increase riparian plant community, but varies in the site where the dominant vegetation in western yellow-billed cuckoo dominance from stream to stream. On had become tamarisk, with less than 1 numbers. These examples suggest that streams where altered hydrology can no percent willow cover. In the vicinity of even severely degraded riparian systems longer support native species, it has Picacho State Recreation Area, on the can recover quickly, in at least some replaced native plant communities California side of the Colorado River, in cases, after livestock removal (Krueper entirely, but occurs at a low frequency 1977, 21 western yellow-billed cuckoos et al. 2003, p. 615), and that damage to on other streams. Tamarisk was were found in 297 ac (120 ha) of a 230- riparian vegetation from grazing is at introduced into western North America ft-wide (70-m-wide) willow forest least partly reversible. They also in the 1800s to serve as ornamental (Gaines and Laymon 1984, p. 72). By illustrate the extent to which livestock windbreaks, and for erosion control and 1986, tamarisk and aquatic vegetation grazing destroys and modifies nesting other purposes. Several species escaped dominated this area, and no western and foraging habitat of the western cultivation and have since spread yellow-billed cuckoos were found in the yellow-billed cuckoo. rapidly. The center of tamarisk 12 ac (5 ha) of scattered willow– In conclusion, most of the direct loss distribution is currently Arizona, New cottonwood habitat that remained of habitat from agricultural conversion Mexico, and Utah, and it has spread (Laymon and Halterman 1987a, pp. 12– has occurred in the past, but ongoing throughout most of the range of the 13). agricultural activities, in whole or in western yellow-billed cuckoo at least as Human disturbance, such as water combination with other impacts, far north as the Yellowstone River in diversion, flood control, vegetation especially those that result in changes in Montana in the Rockies, and at least as clearing, and improper grazing a watercourse’s hydrology, have far south as the Yaqui River Valley in management, often facilitates resulted in the curtailment of nesting Sonora, Mexico. Recent studies in the replacement of native vegetation with and foraging habitat for the western northwest have located major tamarisk (Kerpez and Smith 1987, pp.

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1–5; Hunter et al. 1988, p. 113; understory. Himalayan blackberry may pertains to riparian restoration in New Rosenberg et al. 1991, pp. 18–23). prevent establishment of native Mexico and Arizona (Poff et al. 1997, Altered hydrologic regimes (flooding or understory species due to its dense pp. 769–784; Glenn and Nagler 2005, reduction in water flows from dams) has growth habit (Hammond 2011, pp. 48– pp. 439–441; Sogge et al. 2008, pp. 151– disrupted natural flooding events that 49). Nesting of the western yellow-billed 152; Stromberg et al. 2009, pp. 181–182) are essential for maintaining native cuckoo has not been documented in suggests that restoration of natural riparian ecosystems (Vogl 1980, pp. 84– riparian stands dominated by giant reed, hydrological processes, rather than 86; Rosenberg et al. 1991, pp. 18–23), common fig, or Himalayan blackberry direct removal programs, would be a and the disruption (usually elimination) that lack at least some native canopy more effective method for promoting of flooding tends to favor tamarisk. In trees. regeneration of native riparian contrast to native cottonwoods, tamarisk In conclusion, because of the absence vegetation and diminishing the presence does not need flooding to regenerate or near absence of nesting by western of tamarisk. However, tamarisk removal (Kerpez and Smith 1987, pp. 1–5). yellow-billed cuckoos in nearly programs coupled with native riparian Tamarisk is also tolerant of high salt monotypic stands of tamarisk and other plantings can speed up the restoration levels, which can be present in river nonnative vegetation, the available process assuming that the hydrologic systems as a combined result of water literature suggests that conversion of system will support the native diversions that lower the near-surface native or mixed (native and nonnative) vegetation. ground water and irrigation water runoff riparian woodlands to nearly monotypic Tamarisk leaf beetle insects (leaf that contains high levels of dissolved stands of tamarisk and other nonnative beetles) (Diorhabda spp.) were released salts (Kerpez and Smith 1987, pp. 1–5; vegetation, coupled with the inability of into many locations throughout the Busch and Smith 1993, pp. 186–194). native vegetation to regenerate under southwest to control tamarisk. Leaf This higher tolerance to water stress and altered hydrological conditions, is a beetles are now spreading within the salt accumulation is a principle significant threat to the western yellow- more arid range of the western yellow- mechanism by which tamarisk has billed cuckoo now and in the future. billed cuckoo in Nevada, Utah, Arizona, become dominant on some regulated Nonnative vegetation, such as tamarisk, New Mexico, and Texas. Defoliation of western rivers (Glenn and Nagler 2005, occurs across most of the range of the tamarisk by the beetles occurs in the p. 439). In addition, tamarisk takes salts western yellow-billed cuckoo; its summer months when western yellow- from the ground water and exudes them establishment can be caused by altered billed cuckoos are in the process of from its leaves, rendering the soil even hydrology or other disturbances, which nesting. Tamarisk leaf beetles could more unsuitable for germination of are widespread throughout the range. eventually occur throughout the western native riparian vegetation. This is a We expect nonnative vegetation to United States and northern Mexico significant problem in streams with increasingly modify and curtail habitat (Tracy et al. 2008, pp. 1–3). The future artificially reduced streamflows where for the western yellow-billed cuckoo effects of the beetle introductions to the salts accumulate and are not flushed within a majority of its range in the western yellow-billed cuckoo are from the system. These factors favor United States and northern Mexico into unknown. If beetles succeed in killing regeneration of tamarisk over native the future. tamarisk, western yellow-billed cuckoo trees and shrubs and are an ongoing numbers may decline in areas where the Use of Tamarisk by Western Yellow- threat. Additional areas of native habitat hydrology is no longer capable of Billed Cuckoos and the Spread of the are continuing to be lost to this process. supporting a native riparian habitat and Introduced Tamarisk Leaf Beetle Into In summary, the persistence and the numbers may increase in areas the Southwest expansion of tamarisk-dominated where native riparian vegetation is able habitat is the result of multiple forms of Western yellow-billed cuckoos use to become reestablished. ongoing human-related disturbances, habitat with some tamarisk component Wildfire which result in degradation of native- for nesting in southern California, dominated riparian habitat, thus Arizona, and western New Mexico, but Historically, wildfire was uncommon reducing its suitability as breeding are not found in monotypic stands of in native riparian woodlands (Busch habitat for the western yellow-billed tamarisk. Western yellow-billed cuckoo and Smith 1993, pp. 186–194). cuckoo. presence in tamarisk-dominated habitats However, the lack of scouring floods on Other nonnative tree and shrub does not necessarily equate to habitat regulated and unregulated rivers has species have become established within suitability (Sogge et al. 2008, p. 149; resulted in the accumulation of fuel on the range of the western yellow-billed Hammond 2011, p. 50), and additional the floodplain, which increases fire risk cuckoo. In western Colorado and Utah, research is needed to determine and intensity (Stromberg and Chew Russian olive (Elaeagnus angustifolia) productivity, survivorship, 2002, pp. 195–219). Water withdrawal, has become established and is a physiological condition, and food dams, climate change, drought, and dominant tree species in many riparian availability in these habitats. human use also contribute toward an systems. Giant reed (Arundo donax), Tamarisk can add to foliar cover that increased fuel load and probability of common edible fig (Ficus carica), and contributes toward reducing wildfire occurrence. Most fires today are the Himalayan blackberry (Rubus temperatures in riparian areas (Paxton et human-caused (Service 2002, p. L–8). In discolor) are some of the more al. 2011, p. 259). Even relatively small degraded habitat with tamarisk the conspicuous nonnative plants widely decreases in foliar cover may render a threat of fire may be greater. Tamarisk established along the Sacramento River, site unsuitable for nesting western ignites quickly, further increasing the with Himalayan blackberry dominating yellow-billed cuckoos (Paxton et al. incidence of periodic fires. Exacerbating the understory at some restoration sites 2011, p. 260). Removal of tamarisk in the immediate loss of native trees from (Borders et al. 2006, p. 310). Along the drainages occupied by western yellow- fire, tamarisk recovers more quickly Sacramento River, western yellow-billed billed cuckoos can have unintended than native trees (Glenn and Nagler cuckoos were far less likely to be negative consequences if the removal 2005, pp. 435–436). Along the Rio detected at sites with an understory leaves little or no woody vegetation and Grande River in New Mexico and Texas, dominated by Himalayan blackberry native riparian vegetation is unable to wildfire has been documented as than sites with a predominant native reestablish. The available literature that destroying, degrading, or setting back

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successional stages of vegetation changes in the availability and global surface temperature (commonly development of western yellow-billed distribution of western yellow-billed known as global warming), until about cuckoo habitat (Sproul 2000, in litt., p. cuckoo habitat. 2030. Although projections of the 3). In summary, the alteration of Our analyses under the Act include magnitude and rate of warming differ riparian systems through changes in consideration of ongoing and projected after about 2030, the overall trajectory of hydrologic functioning and the changes in climate. The terms ‘‘climate’’ all the projections is one of increasing introduction of nonnative tamarisk have and ‘‘climate change’’ are defined by the global warming through the end of this increased the incidence of wildfire into Intergovernmental Panel on Climate century, even for the projections based western yellow-billed cuckoo habitat. Change (IPCC). The term ‘‘climate’’ on scenarios that assume that GHG These fires further degrade, isolate, or refers to the mean and variability of emissions will stabilize or decline. fragment western yellow-billed cuckoo different types of weather conditions Thus, there is strong scientific support habitat. over time, with 30 years being a typical for projections that warming will period for such measurements (IPCC continue through the 21st century, and Environmental Impacts of Cross-Border 2013a, p. 1450). The term ‘‘climate that the magnitude and rate of change Foot Traffic in the Southwest change’’ thus refers to a change in the will be influenced substantially by the The environmental impact caused by mean or variability of one or more extent of GHG emissions (Meehl et al. cross border foot traffic has been measures of climate (for example, 2007, pp. 760–764, 797–811; Ganguly et increasingly occurring in more fragile temperature or precipitation) that al. 2009, pp. 15555–15558; Prinn et al. and remote areas. The number of U.S. persists for an extended period, whether 2011, pp. 527, 529; IPCC 2013b, pp. 19– Border Patrol apprehensions of border the change is due to natural variability 23). See IPCC 2013b (entire), for a crossers varies annually. Between or human activity (IPCC 2013a, p. 1450). summary of other global projections of October 1, 1999, and September 30, Scientific measurements spanning climate-related changes, such as 2012, a yearly average of 333,517 border several decades demonstrate that frequency of heat waves and changes in crossers were apprehended by the changes in climate are occurring, and precipitation. United States Border Patrol in the that the rate of change has increased Various changes in climate may have Tucson Sector, which does not account since the 1950s. Examples include direct or indirect effects on species. for the many others who were not warming of the global climate system, These effects may be positive, neutral, caught (U.S. Border Patrol 2013, p. 1). and substantial increases in or negative, and they may change over Impacts associated with border precipitation in some regions of the time, depending on the species and crossings include creation of erosion world and decreases in other regions other relevant considerations, such as and watershed degradation, loss of (for these and other examples, see threats in combination and interactions vegetation and wildlife, and human- Solomon et al. 2007, pp. 35–54, 82–85; of climate with other variables (for caused wildfire (Defenders of Wildlife IPCC 2013b, pp. 3–29; IPCC 2014, pp. 1– example, habitat fragmentation) (IPCC 2006, pp. 1–42). Drainages used by 32). Results of scientific analyses 2014, pp. 4–11). Identifying likely border crossers include the San Pedro presented by the IPCC show that most effects often involves aspects of climate River, Santa Cruz River, Cienega Creek, of the observed increase in global change vulnerability analysis. and many remote drainages in the average temperature since the mid-20th Vulnerability refers to the degree to mountain ranges of southeastern century cannot be explained by natural which a species (or system) is Arizona. variability in climate and is ‘‘very susceptible to, and unable to cope with, Human-caused wildland fires have likely’’ (defined by the IPCC as 90 adverse effects of climate change, been particularly damaging to areas of percent or higher probability) due to the including climate variability and riparian habitat in Arizona, especially observed increase in greenhouse gas extremes. Vulnerability is a function of within 100 mi (161 km) of the United (GHG) concentrations in the atmosphere the type, magnitude, and rate of climate States-Mexico border where border as a result of human activities, change and variation to which a species crossers are known to set fires to divert particularly carbon dioxide emissions is exposed, its sensitivity, and its law enforcement agents. Border crossers from use of fossil fuels (Solomon et al. adaptive capacity (Glick et al. 2011, pp. are also responsible for campfires that 2007, pp. 21–35; IPCC 2013b, pp. 11–12 19–22; IPCC 2014, p. 5). There is no can escape and spread as wildfires. At and figures SPM.4 and SPM.5). Further single method for conducting such least 2,467 wildfires began along the confirmation of the role of GHGs comes analyses that applies to all situations Arizona border with Mexico from 2006 from analyses by Huber and Knutti (Glick et al. 2011, p. 3). We use our to 2010 (Government Accounting Office (2011, p. 4), who concluded it is expert judgment and appropriate 2011, p. 1). Federal officials have extremely likely that approximately 75 analytical approaches to weigh relevant officially investigated only 77 of those percent of global warming since 1950 information, including uncertainty, in fires. Of the fires investigated, 30 were has been caused by human activities. our consideration of the best scientific started by border crossers. The resulting Scientists use a variety of climate information available regarding various environmental impacts include the models, which include consideration of aspects of climate change. expansion of nonnative plant species, natural processes and variability, as Global climate projections are degraded endangered species habitat, well as various scenarios of potential informative, and, in some cases, the and soil erosion. levels and timing of GHG emissions, to only or the best scientific information evaluate the causes of changes already available for us to use. However, Climate Change observed and to project future changes projected changes in climate and related Climate change may be impacting the in temperature and other climate impacts can vary across and within western yellow-billed cuckoo. Climate conditions (Meehl et al. 2007, entire; different regions of the world (IPCC change is discussed here under Factor A Ganguly et al. 2009, pp. 11555, 15558; 2013b, pp. 15–16). Therefore, we use because, although it may affect the Prinn et al. 2011, pp. 527, 529). All ‘‘downscaled’’ projections when they western yellow-billed cuckoo directly combinations of models and emissions are available and have been developed by creating physiological stress, the scenarios yield very similar projections through appropriate scientific primary impacts of climate change on of increases in the most common procedures, because such projections the species are expected to be through measure of climate change, average provide higher resolution information

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that is more relevant to spatial scales 217–218, 224, 230) and reducing flows 2030 and 2035 to 2060 show an increase used for analyses of a given species (see later in the season. Third, the in drought severity with surface Glick et al. 2011, pp. 58–61, for a hydrological cycle is expected to warming. Additionally, drought-like discussion of downscaling). With regard become more dynamic on average with conditions will increase even during to our analysis for the western yellow- climate models predicting increases in wetter simulations because of the effect billed cuckoo, downscaled projections the variability and intensity of rainfall of heat-related moisture loss through are available. events. This change will modify evaporation and evapotranspiration The Southwest is already disturbance regimes by changing the (Hoerling and Eischeid 2007, p. 19). experiencing the impacts of climate magnitude and frequency of floods. Annual mean precipitation is likely to change. The region has heated up Precipitation events under most decrease in the Southwest, as is the markedly in recent decades, and the climate change scenarios will decrease length of snow season and snow depth period since 1950 has been hotter than in frequency but increase in severity so (Sun et al. 2013, pp. 21–22; Garfin et al. any comparably long period in at least that, paradoxically, a warmer 2014, pp. 462–486). Most models project 600 years (Graumlich 1993, pp. 249– atmosphere and an intensified water a widespread decrease in snow depth 255; Salzer and Kipfmueller 2005, pp. cycle are likely to mean not only a and earlier snowmelt in the Rocky 465–487; Millar et al. 2006, pp. 273– greater likelihood of drought for the Mountains (Clow et al. 2012, 2583– 287; Ababneh 2008, pp. 59–78; Bonfils Southwest, but also an increased risk of 2591; Pederson et al. 2013, 1811–1816). et al. 2008, pp. 6404–6424; Stevens et flooding (Karl et al. 2009, pp. 132–133; Assessments for the Sonoran Desert al. 2008, pp. 1–15; Salzer et al. 2009, pp. Dominguez et al. 2012, pp. 1–7). are few, but the region is also expected 20348–20353; Woodhouse et al. 2010, Precipitation patterns are already to warm (Weiss and Overpeck 2005, pp. pp. 21283–21288; Hoerling et al. 2012, observed to be shifting in the 2065–2077; National Park Service 2010, pp. 74–92). The decade 2001–2010 was Southwest, with more rain falling in pp. 1–4; Munson et al. 2012, pp. 1083– the warmest in the 110-year heavy downpours that can lead to 1095). Since about the 1970s, the instrumental record, with temperatures flooding (Karl et al. 2009, p. 133). Sonoran Desert region appears to have almost 2 °F higher than historic Adding to flood risk is that the earlier experienced ‘‘widespread warming averages, with fewer cold snaps and streamflow from earlier snowmelt may trends in winter and spring, decreased more heat waves (Hoerling et al. 2012, impinge on the flood protection stages frequency of freezing temperatures, pp. 74–92). Compared to temperature, of reservoir operations so that less lengthening of the freeze-free season, precipitation trends vary considerably streamflow can be captured safely in and increased minimum temperatures across the region, with portions key reservoirs, increasing spring per winter year’’ (Weiss and Overpeck experiencing both decreases and flooding downstream (Smith et al. 2005, 2005, p. 2065). The Sonoran Desert area increases (Hoerling et al. 2012, pp. 74– p. 1154; Karl et al. 2009, p. 133). In is expected to warm faster and 92). There is mounting evidence that the some sites, where natural floodplain experience reduced annual combination of human-caused dynamics allow for overbank flooding, precipitation, resulting in a reduction in temperature increases and recent this could result in a positive soil moisture in an already dry drought has influenced widespread tree regenerating effect on habitat for the environment. The area will also mortality (Van Mantgem et al. 2009, pp. western yellow-billed cuckoo. However, experience increases in the intensity of 521–524; Allen et al. 2010, pp. 660– where floodplains have been heat waves, decreases in the frequency 684), increased fire occurrence and area constrained, as in many areas of the of freezing temperatures, and burned (Westerling et al. 2006, pp. 940– range, such changes in hydrology could lengthening of the freeze-free season. 943), and forest insect outbreaks (Bentz excessively scour remaining habitat, Munson et al. (2012) stated that et al. 2010, pp. 602–613). Human- thus preventing their reestablishment ‘‘Climate models and long-term trends caused temperature increases and and resulting in smaller patch size or predict increased variability in drought have also caused earlier spring loss of habitat for the western yellow- precipitation seasonality, with fewer, snowmelt and shifted runoff to earlier in billed cuckoo. Long drought cycles larger, and more intense precipitation the year (Barnett et al. 2008, pp. 1080– could also hamper recruitment of events’’ (Munson et al. 2012, pp. 1083– 1083). riparian vegetation following scouring 1095). Other researchers have also There are three predictions for floods and lead to reduced cover and concluded similar climactic changes for anticipated effects from climate change nest sites for the western yellow-billed the area (Easterling et al. 2000, pp. in the southwestern United States and cuckoo. 2068–2074; Weiss and Overpeck 2005, parts of northwestern Mexico. First, Exactly how climate change will pp. 2065–2077; Seager et al. 2007, pp. climate change is expected to shorten affect precipitation from site to site 1181–1184). periods of snowpack accumulation, as within the range of the western yellow- In California, regional downscaled well as reduce snowpack levels. With billed cuckoo in the southwestern climate change assessments (Point gradually increasing temperatures and United States and northwestern Mexico Reyes Bird Observatory (PRBO) reduced snowpack (due to higher spring is uncertain. However, consistent with Conservation Science 2011, pp. 1–68) temperatures and reduced winter-spring recent observations of regional effects of indicate changes in precipitation and precipitation), annual runoff will be climate change, the projections temperature of varying magnitude reduced (Smith et al. 2003, p. 226; Ellis presented for the Southwest predict across ecoregions. Assessments for areas et al. 2010, p. 236), consequently overall warmer, drier, and more occupied by the western yellow-billed reducing ground water recharge. drought-like conditions (Hoerling and cuckoo, such as the Sacramento River, Second, snowmelt is expected to occur Eischeid 2007, p. 19; Seager et al. 2007, Sierra Nevada (southern), and Sonora earlier in the season because increased p. 1181; Ellis et al. 2010, p. 243). For Desert (lower Colorado River) (PRBO minimum winter and spring example, climate simulations of the Conservation Science 2011, pp. 25, 28, temperatures could melt snowpacks Palmer Drought Severity Index (a 48), mostly indicate an overall reduction sooner, causing peak water flows to calculation of the cumulative effects of in precipitation and increase in average occur much sooner than the historical precipitation and temperature on temperature, which can alter hydrology spring and summer peak flows (Smith et surface moisture balance) for the and negatively affect habitat for the al. 2003, p. 226; Stewart et al. 2005, pp. Southwest for the periods of 2006 to western yellow-billed cuckoo, as

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described previously. Furthermore, disruption of the timing between a resulting runoff is projected to increase Gardali et al. (2012, pp. 8–10) ranked species and its food resources (Visser in the Amazon River, implying more 358 avian taxa in California, and and Both 2005, pp. 2561–2569). For floods in the wet season and droughts classified 128 as vulnerable to climate example, changes in precipitation or in the dry season (Kitoh et al. 2011, p. change. They ranked the western temperature may influence the peak 1). Uncertainty exists regarding the yellow-billed cuckoo as subject to a timing of insect emergence or timing of specific effects of such changes on the moderate level of climate vulnerability, the western yellow-billed cuckoo’s wintering habitat of the western yellow- owing in part to its specialization in arrival from its wintering grounds so billed cuckoo. habitat (riparian) that has already that the nesting season does not In summary, the available climate experienced significant loss or coincide as closely with peak insect change models are predicting altered alteration. Of the 128 species that were abundance (Anders and Post 2006, p. future environmental conditions across rated vulnerable, only 48 were rated as 225). This change in timing could result the breeding range of the western having high or moderate climate in reduced food availability for the yellow-billed cuckoo. In the vulnerability. western yellow-billed cuckoo and southwestern United States, northern Regionally downscaled climate breeding success, possibly causing Mexico, California, Intermountain West, models for the Pacific Northwest project further population decline and and Pacific Northwest, climate change is higher air temperatures in the next curtailment of its occupied range. generally predicted to result in an century (Littell et al. 2009, pp. 6–7) that Virtually all future climate scenarios overall warmer, drier climate, with will lead to lower soil moisture and for the Pacific Northwest predict periodic episodic precipitation events increased evaporation from streams and increases in wildfire in western North that, depending on site conditions, are lakes (Climate Leadership Initiative America, especially east of the expected to have adverse effects on (CLI) and the National Center for Cascades, due to higher summer habitat of the western yellow-billed Conservation Science and Policy 2009, temperatures, earlier spring snowmelt, cuckoo. In rivers that depend on p. 8). While high uncertainty exists in and lower summer flows, which can snowmelt, these changes are expected to the total precipitation projections for the lead to drought stress in trees (Littell et result in more winter flooding and region (Littell et al. 2009, p. 1), effective al. 2009, p. 14). These effects could reduced summer stream flows. The precipitation (precipitation that result in both short-term and long-term amount of surface ground water contributes to runoff) may be reduced loss of riparian habitat from excessive available to regenerate and sustain significantly even if there is no decline winter scouring, summer drying, and riparian forests is expected to decline in total precipitation (CLI and the wildfire. Regional downscaled climate overall with persistent drought, favor National Center for Conservation change models for the Intermountain the spread of tamarisk and other Science and Policy 2009, p. 8). Increases West also provide similar projections for nonnative vegetation, and increase fire in extreme high precipitation falling as warmer, drier climate with a reduced frequency. Precipitation events under rain in the western Cascades and snowpack and episodic precipitation most climate change scenarios will reductions in snowpack are key events. Prolonged drought in the decrease in frequency and increase in projections from high-resolution southwestern United States and severity. This change may reduce regional climate models (Littell et al. northern Mexico is expected to increase available nesting sites, patch size, and 2009, p. 1). These may result in more fire frequency, which results in a short- affect prey abundance as a result of winter flooding and reduced summer term loss of patches of riparian or thorn lower humidity in riparian areas from streamflows in rivers that depend on forest habitat for breeding. When fire reduced moisture retention, and through snowmelt, which include many of the frequency increases, riparian and thorn periods of prolonged desiccation rivers in the Pacific Northwest. forests do not have sufficient time to followed by scouring flood events. In In drier climates overall, there will be recover, resulting in habitat conversion addition, evidence shows that climate increases in riverine system to fire-adapted nonforested vegetation change may disrupt the synchrony of temperatures that are predicted to result types unsuitable for nesting. nesting western yellow-billed cuckoos in periods of prolonged low flows and Furthermore, the effects of climate and their food supply, causing further stream drying (Stromberg et al. 2013, change and ongoing reduction in habitat population decline and curtailment of pp. 411–415) and increased demand for and patch fragmentation, discussed its occupied range. water storage and conveyance systems previously, would increase. Impacts to habitat from climate (Stromberg et al. 2013, pp. 411–415). Little is known about the wintering change exacerbate impacts from Warmer water temperatures across habitat of the western yellow-billed impoundments, channelization, and temperate regions are likely to increase cuckoo in South America, and alteration of river flows across the the density and expand distribution of uncertainty exists about how climate western United States and Mexico, and tamarisk because it has a higher change will affect it there. Regional from conversion of habitat from native tolerance for drought and salt than downscaled models project an increase to mostly nonnative vegetation. native cottonwoods and willows (Glenn in wet-season precipitation and a Changing climate is expected to place and Nagler 2005, p. 439). This situation decrease in dry-season precipitation an added stress on the species and its is expected to lead to the conversion of over most of South America (Kitoh et al. habitats. While we do not have evidence native and mixed (native and nonnative) 2011, p. 1). In the future, precipitation to suggest that the habitat of the western riparian habitat to monotypic stands of intensity will increase over most of yellow-billed cuckoo is being tamarisk, which provides very little or South America. In particular, substantially affected by climate change no suitable breeding habitat for the precipitation intensity will be greatest at this time, we expect long-term western yellow-billed cuckoo (as over southeast South America, implying climate trends to have an overall described previously above). an increasing risk of flooding in this negative effect on the available habitat Increased drought is expected to region (Kitoh et al. 2011, p. 1). At the throughout the breeding range of the adversely affect food availability for same time, a large increase of western yellow-billed cuckoo. western yellow-billed cuckoos (Newton consecutive dry days is projected over Moreover, a drying trend associated 1980, pp. 11–12; Durst 2004, pp. 40–41; the western part of the Amazon, where with global climate change may result in Scott et al. 2004, p. 70) through the extremes in seasonal precipitation and more dams, levees, or other activities to

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ensure fresh water for human stressors to continue to affect habitat of scientific, or educational purposes. Our consumption, which may result in the western yellow-billed cuckoo into review of the best available scientific additional habitat loss from the the future. The amount of time required and commercial information yielded activities described in the Habitat Loss for willow and cottonwood vegetation to nothing to indicate that overutilization from Dams and Alteration of Hydrology mature and provide habitat for the for commercial, recreational, scientific, section, above. western yellow-billed cuckoo under or educational purposes is occurring at optimal hydrologic, environmental, and this time or is likely to in the near future Summary of Factor A ecological conditions varies by location in any portion of the western yellow- We have identified a number of but may be as little as between 3 to 5 billed cuckoo range. We, therefore, threats to the habitat of the western years (Golet et al. 2008, pp. 20–22). conclude that such overutilization does yellow-billed cuckoo that have operated However, other vegetation used by the not currently constitute a threat to the in the past, are impacting the species western yellow-billed cuckoo such as western yellow-billed cuckoo, nor do now, and will continue to impact the alder, walnut, sycamore, boxelder, ash, we expect it to be a threat in the future. species in the future. The curtailment or mesquite would take several decades C. Disease or Predation and decline in the habitat of the western for habitat to mature to the point where yellow-billed cuckoo is primarily the it would be available for use (Strahan Little is known about diseases in the result of the long-lasting effects of 1984, pp. 58–67; Opperman and western yellow-billed cuckoo. West Nile habitat loss from manmade features that Merenlender 2004, pp. 822–834; virus has recently spread throughout alter watercourse hydrology so that the Trowbridge et al. 2004, pp. 157–164; portions of the western United States. It natural processes that sustained riparian Morris et al. 2006, pp. 106–116; Griggs poses a potential threat to many bird habitat in western North America are 2009, p. 12). In areas where conditions species. The U.S. Geological Survey’s greatly diminished. Loss and are less than optimal (as is the current (USGS) National Wildlife Health Center degradation of habitat has also occurred situation in most areas) it may take has identified the yellow-billed cuckoo as a result of livestock overgrazing and longer if at all (Briggs 1995, pp. 63–67). as a species that is subject to the effects encroachment from agriculture. All of The exact timeframe for resolving of West Nile virus (USGS–National these have the potential to promote, and water management and delivery issues Wildlife Health Center 2005, p. 2). The are exacerbated by, the conversion of and their impact on the western yellow- Centers for Disease Control’s (CDC) native habitat to predominantly billed cuckoo and its habitat would vary Vector-Borne Disease Web site reports nonnative vegetation. The curtailment, on the location, resource demands, that West Nile virus has been degradation, fragmentation, and loss of sensitive habitat or species concerns, documented in a dead yellow-billed habitat for the western yellow-billed stakeholders, and amount of water cuckoo (CDC 2012); however, it is cuckoo is ongoing and, absent changes available. As a result, we would expect unknown if this yellow-billed cuckoo in the landscape, hydrology, or other that resolving water issues for the was from the western DPS. Although the factors, it will likely continue to be various uses (agriculture, urbanization, population of the western yellow-billed negatively impacted or lost into the wildlife, and tribal interests) in the west cuckoo has been in decline over several future. will be a lengthy ongoing process and decades (see Historical and Current We recognize that climate change is a not be resolved in the near future (next Status section, above), no evidence critical issue with potentially severe 20 years) and may take substantially suggests that it has undergone a wide-ranging effects on the species and longer considering the increased precipitous decline coincident with the its habitat. The available scientific demands and the effects of climate relatively recent arrival of West Nile literature suggests that the effects of change. virus in western North America. climate change will likely exacerbate Our review of the best available Therefore, we conclude, based on the multiple existing threats to the western scientific and commercial information best available scientific and commercial yellow-billed cuckoo and its habitat. identified numerous activities or information, which is limited, that the These threats include habitat loss and processes that threaten to destroy, adverse effects of West Nile virus to the degradation from altered hydrology, modify, or curtail the western yellow- western yellow-billed cuckoo are not with secondary effects from increases in billed cuckoo’s habitat or range now or significant and do not constitute a threat nonnative vegetation and wildfire. are likely to in the near future in any at this time, nor is there any information These threats may result in smaller portion of the western yellow-billed to suggest that this situation will change patch sizes of habitat such that many cuckoo range. These include habitat loss into the future. will be no longer occupied by the from reservoirs and water management, All bird species, including the yellow- western yellow-billed cuckoo. surface and groundwater diversion, billed cuckoo, are exposed, to some Conservation actions, such as habitat flood control activities, gravel mining, extent, to parasites. Greiner et al. (1975, protection and restoration described agriculture, livestock grazing, invasive pp. 1762–1787) found 5 of 16 yellow- above, have strong potential to be nonnative plants and their control, and billed cuckoos infected with beneficial to the species by increasing climate change. We, therefore, conclude Leucocytozoon, Trypanosoma, and the amount of available habitat and that habitat loss under Factor A microfilaria blood parasites. No patch size. However, these efforts offset currently constitutes a threat to the information indicates whether these and only a small portion of past losses and western yellow-billed cuckoo, and we other parasites (see Hughes 1999, p. 18, degradation of riparian habitat in the expect these activities to continue and for a brief review) pose any threat to the range of the western yellow-billed habitat loss to be a threat in the near western yellow-billed cuckoo. cuckoo. Habitat elsewhere in the range future. Predation is a potential threat to the continues to be vulnerable to loss and western yellow-billed cuckoo. On the degradation from ongoing alterations in B. Overutilization for Commercial, Kern River, red-shouldered hawks hydrology, nonnative vegetation, and Recreational, Scientific, or Educational (Buteo lineatus) and northern harriers agricultural activities combined with Purposes (Circus cyaneus) have been observed additional or synergistic effects There are no known threats to the preying on nestlings, and western associated with climate change. western yellow-billed cuckoo resulting yellow-billed cuckoos have been Moreover, we expect these multiple from overutilization for commercial, observed chasing western scrub-jays

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(Aphelocoma californica) and rates than other open-cup nesting birds cuckoo is primarily the result of the loggerhead shrikes (Lanius (Laymon et al. 1997, p. 11). long-lasting effects of habitat loss and ludovicianus) away from their nests In summary, western yellow-billed modification from altered hydrology (Laymon 1998, pp. 12–14); however, we cuckoos, particularly the eggs or young resulting from decades of dam do not have any information on the in nests, are vulnerable to predation. construction, channelization, water frequency of predation. An inverse Predation may be a significant threat in extraction, and other activities, as well relationship appears to exist between some localities and in some years, and as impacts associated with climate the presence of western yellow-billed may be influenced by several factors, change. Other threats include loss of cuckoos and western scrub-jays on the such as surrounding land use and size habitat to agricultural and other land Sacramento River, indicating a possible and complexity of riparian habitat. As a uses, overgrazing, exposure to pesticides aversion by the western yellow-billed result, predation may act periodically in (which is addressed in Factor E, below), cuckoos to nesting at sites occupied by concert with other stressors that wildfire, and conversion of habitat to western scrub-jays, a known predator of contribute to the decline of the species monotypic stands of nonnative eggs and young (Halterman 1991, p. 38). (which we discuss in greater detail vegetation. Under this factor, we discuss Avian predators such as the Cooper’s under Factor E, below). However, we whether the existing regulatory hawks (Accipiter cooperii) or other conclude that predation by itself does mechanisms adequately address impacts similarly sized avian predators are not pose a significant threat to the to the western yellow-billed cuckoo thought to be the only avian predator western yellow-billed cuckoo at this described under Factors A and E, based capable of taking adult western yellow- time, and we do not have any reason to on the best available information. believe that this situation will change billed cuckoos (Laymon 1998, pp. 12– Federal Regulatory Mechanisms 13). During migration, adult western substantially in the future. yellow-billed cuckoo are susceptible to We conclude that predation, parasites, In the United States, the Migratory predation by raptors, such as the and disease are not currently significant Bird Treaty Act (MBTA) (16 U.S.C. Sec. Aplomado falcons (Falco femoralis) threats to the western yellow-billed 703–712) is the only current Federal (Hector 1985, p. 338); however, we have cuckoo, and are not expected to become protection provided for the yellow- no information to suggest that the rate significant threats in the near future. billed cuckoo. The yellow-billed cuckoo (the entire taxonomically defined of adult predation is significantly D. The Inadequacy of Existing species), which includes the western affecting the western yellow-billed Regulatory Mechanisms yellow-billed cuckoo, is considered a cuckoo population. In the Sonoran town Under this factor, we examine ‘‘migratory bird’’ under the MBTA. The of Alamos, Mexico, Mackay (David whether existing regulatory mechanisms MBTA prohibits ‘‘take’’ of any migratory Mackay 2012, in litt.) witnessed a brown are inadequate to address the threats to bird. Take is defined as: ‘‘to pursue, vine snake (Oxybelis aeneus) leaving a the western yellow-billed cuckoo hunt, shoot, wound, kill, trap, capture, western yellow-billed cuckoo nest after discussed under other factors. We give or collect, or attempt to pursue, hunt, eating one of four nestlings. strongest weight to statutes and their shoot, wound, kill, trap, capture, or On the lower Colorado River, McNeil implementing regulations, and collect.’’ However, no provisions in the et al. (2011, p. 41) found that high nest management direction that stems from MBTA prevent habitat destruction predation rates (63 percent of nests those laws and regulations. They are unless direct mortality or destruction of failed) contributed to the much lower nondiscretionary and enforceable, and active nests occurs. average nest productivity at restoration are considered a regulatory mechanism The Federal Land Policy and sites (1.25 young fledged per nest) under this analysis. Examples include Management Act of 1976 (FLPMA) (43 compared to nests at the Bill Williams State governmental actions enforced U.S.C. 1701 et seq.) requires that ‘‘the River NWR (2.14 young fledged per under a State statute or constitution, or public lands be managed in a manner nest). Most of that predation was Federal action under statute. that will protect the quality of scientific, attributed to avian predators; however, Some other programs are more scenic, historical, ecological, for 2 consecutive years a nest was voluntary in nature or dependent on environmental, air and atmospheric, preyed upon by a California king snake available funding; in those cases, we water resource, and archeological (Lampropeltis getula californiae) analyze the specific facts for that effort values; that . . . will preserve and (McNeil et al. 2011, p. 41; McNeil et al. to ascertain its effectiveness at protect certain public lands in their 2012, p. 50). Nest predation may have mitigating the threat and the extent to natural condition; (and) that will been high in restoration sites because which it can be relied on in the future. provide food and habitat for fish and most were located adjacent to Having evaluated the significance of the wildlife. . . .’’ Furthermore, it is the agricultural areas, which may have threat as mitigated by any such policy of the Bureau of Land increased the exposure of nests to conservation efforts, we analyze under Management (BLM) ‘‘to manage habitat human-adapted avian predators that Factor D the extent to which existing with emphasis on ecosystems to ensure thrive in agricultural areas. regulatory mechanisms adequately self-sustaining populations and a Additionally, these sites did not yet address the specific threats to the natural abundance and diversity of have the height, structure, and species. Regulatory mechanisms, if they wildlife, fish, and plant resources on composition of more complex riparian exist, may preclude the need for listing public lands’’ (BLM manual 6500.06). habitats (McNeil et al. 2011, pp. 41, 49; if we determine that such mechanisms Similarly, the National Forest McNeil et al. 2012, p. 56) that may serve adequately address the threats to the Management Act of 1976 (NFMA) to hide nests from predators. Nest species such that listing is not directs that the National Forest System predation can be partially compensated warranted. ‘‘where appropriate and to the extent by the ability of western yellow-billed We have identified a number of practicable, will preserve and enhance cuckoos to renest when a nest fails. In significant threats to the western the diversity of plant and animal general, despite the instances of nest yellow-billed cuckoo that are impacting communities.’’ Additionally, section predation listed above, western yellow- the species now and will continue to 219.12(g) calls for the maintenance of billed cuckoos have higher than normal impact the species in the future. The viable populations of native vertebrates nest success and lower nest predation decline of the western yellow-billed in national forests. As such, FLPMA and

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NFMA have the potential to benefit the changed, and riparian vegetation such as the western yellow-billed western yellow-billed cuckoo and its removed. As a result, these former cuckoo. Implementation of these habitat. However, given that the BLM floodplains, which in some cases would recommendations by FERC, USACE, and USFS have discretion in how these be important to protect and restore as and Reclamation is discretionary for statutes are carried out and measures are habitat for the western yellow-billed nonlisted species. We continue to see implemented, we continue to see cuckoo, fall outside the jurisdiction of loss and degradation of habitat for the continued loss and degradation of the USACE. Additionally, many actions western yellow-billed cuckoo as a result habitat for the western yellow-billed that resulted in adverse hydrological of altered hydrology from operation of cuckoo on lands that these agencies modifications, such as channelization dams and other water supply projects, manage. and levees, were implemented in as described under Factor A. Congress passed the Federal Water compliance with the CWA. The EPA is responsible for regulating Pollution Control Act Amendments of The National Environmental Policy pesticides under the Federal Insecticide, 1972 and the Clean Water Act (CWA) of Act (NEPA) (42 U.S.C. 4321 et seq.) Fungicide, and Rodenticide Act and the 1977 (33 U.S.C. 1251 et seq.) to provide requires all Federal agencies to formally Food Quality Protection Act. Before a for the restoration and maintenance of document, consider, and publicly pesticide can be distributed, sold, and the chemical, physical, and biological disclose the environmental impacts of used in the United States, it must first integrity of the Nation’s lakes, streams, major Federal actions and management go through a registration process and coastal waters. Primary authority decisions that have significant effects on through the EPA. The EPA conducts for the implementation and enforcement the human environment (including short- and long-term toxicity tests to of the CWA now rests with the U.S. natural resources); however, NEPA does evaluate potential adverse effects on Environmental Protection Agency (EPA) not require that mitigation alternatives humans, wildlife, fish, and plants, and, to a lesser extent, the USACE. In be implemented. Additionally, NEPA including endangered species and addition to the measures authorized applies only to actions by Federal nontarget organisms, and evaluates the before 1972, the CWA implements a agencies, so private landowners are not potential for possible contamination of variety of programs, including Federal required to comply with NEPA unless a surface water or ground water from effluent limitations and State water Federal agency is involved through leaching, runoff, and spray drift. The quality standards, permits for the provision of Federal funding or a sensitivity of any life stages of the discharge of pollutants and dredged and Federal permit. western yellow-billed cuckoo or its prey fill materials into navigable waters, and Through the Fish and Wildlife items to exposure from common enforcement mechanisms. Section 404 Coordination Act (FWCA) (16 U.S.C. agricultural pesticides that could leach, of the CWA is the principal Federal 661 et seq.), the Service may runoff, or migrate from agricultural program that regulates activities recommend discretionary conservation areas into the habitat of the western affecting the physical integrity of measures to avoid, minimize, and offset yellow-billed cuckoo has not been wetlands and other waters of the United impacts to fish and wildlife resources tested. However the EPA does evaluate States. resulting from Federal projects and the effects of these factors on surrogate Section 404 prohibits the discharge of water development projects authorized species and has determined the use of dredged or fill material in jurisdictional by the USACE and other Federal certain approved pesticides are waters of the United States, unless agencies such as Reclamation. appropriate in areas used by the western permitted by USACE under section Therefore, the FWCA may provide some yellow-billed cuckoo. Even if approved 404(a) (individual permits) or 404(e) protection for the western yellow-billed application procedures are followed, (general permits), or unless the cuckoo and its habitat through pesticides could reduce available insect discharge is otherwise exempt from avoidance and minimization measures prey for the western yellow-billed regulation as designated in section that may be incorporated into Federal cuckoos. 404(r). Some areas of riparian habitat projects. However, these measures are may be considered ‘‘waters of the discretionary. State Regulatory Mechanisms United States,’’ but many areas of A majority of dams in the western The majority of occupied areas for the riparian habitat do not meet the term’s United States supply hydropower, and western yellow-billed cuckoo north of strict definition. The Service can review their construction and ongoing Mexico occur within California, permit applications and provide operation is authorized by the Federal Arizona, and New Mexico (Hughes recommendations to the USACE to Energy Regulatory Commission (FERC), 1999, p. 1). Only California classifies the avoid and minimize impacts and to under the Federal Power Act of 1920, western yellow-billed cuckoo as implement conservation measures for which incorporates by reference the endangered (CDFW 2011, p. 10). The fish and wildlife resources, including FWCA and NEPA. The remainder of California Endangered Species Act the western yellow-billed cuckoo. hydropower in the western United (CESA) prohibits unpermitted However, incorporation of Service States is largely produced by the USACE possession, purchase, sale, or take of recommendations into section 404 and Reclamation. Reclamation also listed species. However, the CESA permits is at the discretion of the oversees water diversion and delivery definition of take does not include USACE. projects. FERC reconsiders its harm, which under the Federal Act can Furthermore, not all activities in hydropower licenses every 30 to 50 include destruction of habitat that wetlands or streams involve fill, and not years. Through the various Federal actually kills or injures wildlife by all wetlands or streams fall under the regulations under which these agencies significantly impairing essential jurisdiction of the USACE. For example, implement their water projects, the behavioral patterns (50 CFR 17.3). CESA in areas where the historical floodplain Service has an opportunity to does require consultation between the has been cut off from the river by levees, periodically review their permits and CDFW and other State agencies to determining the boundaries of wetlands relicensing applications and provide its ensure that their activities will not subject to USACE jurisdiction becomes recommendations to avoid and jeopardize the continued existence of complex. The areas behind these levees minimize impacts, and implement State-listed species; however, the have had their hydrological conservation measures for fish and western yellow-billed cuckoo continues characteristics altered, soil conditions wildlife resources, including species to decline in California despite its status

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as a State-listed species. In Arizona, the under Idaho State law, is considered a Canadian, Mexican, and Other western yellow-billed cuckoo is listed as protected nongame species. It is illegal International Laws a species of concern (Arizona Game and to intentionally take or possess a Canada Fish Department 2002, p. 3), with no protected nongame species, except as protective status. The western yellow- provided in sections 36–106(e) and 36– The Canadian Government through the Department of the Environment billed cuckoo has no special protective 1107, Idaho Code, by Commission rule, (Environment Canada, which was first status in New Mexico. or the Idaho Administrative Procedures established by the Department of the The State of California has an Act 13.01.10, ‘‘Rules Governing the additional layer of pesticide regulation Environment Act of 1971) administers Importation, Possession, Release, Sale, numerous acts to preserve and enhance through the Department of Pesticide or Salvage of Wildlife,’’ subsection Regulation, whose mission is to protect the quality of Canada’s natural 100.06.b (Idaho Department of Fish and human health and the environment by environment. Acts identified for Game 2005, Appendix B, p. 5). While regulating pesticide sales and use. conservation of wildlife and plant While concentrating on human health protected status extends certain species or their habitat are identified and exposure to pesticides, the agency protections to the western yellow-billed below. has a program (Endangered Species cuckoo in Idaho, neither this status nor 1916 Great Britain–United States Project) that maps sites occupied by the Species of Greatest Conservation Convention for the Protection of federally listed species and candidate Need designation protects its habitat. Migratory Birds. Canada has committed species and evaluates pesticide In Nevada, the western yellow-billed to migratory bird protection through the exposure risks to the species at those cuckoo is identified as critically 1916 Great Britain–United States sites. This project does not include imperiled due to extreme rarity, Convention for the Protection of Migratory Birds in Canada, which species like the western yellow-billed imminent threats, or biological factors, encourages voluntary cooperative cuckoo that are listed as endangered by but this designation provides no actions to protect identified migratory the State but not the Federal protection for habitat. Western yellow- birds. The yellow-billed cuckoo is listed Government. In addition, the work was billed cuckoos have no State status in carried out in 1997 prior to the western under the 1916 Great Britain–United Oregon because it has not been States Convention for the Protection of yellow-billed cuckoo becoming a considered an active breeding species Federal candidate species. As a result Migratory Birds in Canada. In addition, since the 1940s (Oregon Department of Canada has enacted the Migratory Birds the western yellow-billed cuckoo has Fish and Wildlife 2005, p. 3). State not been included in the project. Convention Act of 1994 (MBCA). The Washington State’s Department of Wildlife Action Plans that include the MBCA is intended to ensure the Fish and Wildlife considers the western western yellow-billed cuckoo as a conservation of migratory bird yellow-billed cuckoo a candidate for species of conservation concern are: populations by regulating potentially listing. The State wildlife agencies in California, Washington, Arizona, harmful human activities. The Wyoming, Montana, Colorado, and Colorado, Montana, Idaho, New Mexico, implementing regulations of the MBCA Texas classify the western yellow-billed Utah, Texas, Nevada, and Wyoming. ban all activities that are harmful to cuckoo as a species of concern or a These plans identify conservation needs migratory birds, their eggs or their nests, sensitive species. In Utah, the Utah and actions for a broad range of species but does not protect habitat. Also, some Division of Wildlife Resources (UDWR) and habitats, but their implementation activities, such as hunting or scientific has designated the yellow-billed cuckoo is discretionary. collection, may be allowed with an as a State-sensitive species and the In summary, where the western appropriate permit. yellow-billed cuckoo has been a priority yellow-billed cuckoo is State-listed The Species at Risk Act of 2002. The for the State’s Native Terrestrial Wildlife (CA), a State candidate (WA), a species purpose of the Species at Risk Act Program since the late 1990’s. For of concern or sensitive species (AZ, ID, (SARA) is to prevent Canadian native wildlife and plant species, subspecies, example, in 2009, surveys for the WY, MT, CO, TX), or critically and distinct populations from becoming species were conducted on National imperiled (NV), these designations extirpated or extinct, to provide for the Park Service and adjacent lands at Cubs contain no protection for the western recovery of endangered or threatened Creek and Jones Hole in northeastern yellow-billed cuckoo from habitat species, and encourage the management Utah (Beason 2009, pp. 1–19). During modification or destruction, as these surveys no western yellow-billed of other species to prevent them from described under Factors A and E. cuckoos were detected on lands becoming at risk. SARA establishes the Existing State regulatory mechanisms managed by the National Park Service in Committee on the Status of Endangered are not specifically designed to protect Dinosaur National Monument or private Wildlife in Canada (COSEWIC) as an land in northwestern Colorado. the western yellow-billed cuckoo from independent body of experts However, suitable habitat is found habitat loss and degradation from responsible for assessing and identifying within Dinosaur National Monument. altered hydrology from upstream dams species at risk. SARA also, among other UDWR has implemented additional and surface water and ground water objectives, establishes: Prohibitions to survey and monitoring efforts over the diversions, encroachment into the protect listed Canadian threatened and past 2 years. This status allows for floodplain by agricultural and other endangered species and their critical enhanced attention for the species and development activities, bank habitat; requirements for use of the best potential voluntary conservation, but stabilization and levee construction and available knowledge on assessing the status provides no conservation maintenance activities, overgrazing, threats to and conservation for wildlife assurances or regulatory oversite. pesticide use on adjacent agricultural and plant species; and long- and short- The western yellow-billed cuckoo is lands, conversion of habitat to term objectives for development of identified as a Species of Greatest monotypic stands of nonnative recovery strategies and action plans. Conservation Need in Idaho’s vegetation, gravel mining, wildfire, The yellow-billed cuckoo is not Comprehensive Wildlife Conservation drought, and climate change across the identified as a species that is sensitive, Strategy (Idaho Department of Fish and range of the western yellow-billed threatened, or endangered under Game 2005, Appendix B, p. 7), and, cuckoo. Canadian law. Within the range of the

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western yellow-billed cuckoo, British lacked sound and comprehensive Lack of habitat protection for the Columbia considers the western yellow- management plans. By 2000, western yellow-billed cuckoo in billed cuckoo as an extirpated breeder, approximately 30 percent of new and northwestern Mexico also impacts the but that the species still does occur existing NPAs had developed western yellow-billed cuckoo in the within the Province (British Columbia management plans; however, under the United States because individuals are Conservation Data Centre, 2013). NPA model these plans lacked detailed known to make transitory movements Canadian Environmental Protection information, and in many cases could be up to several hundred miles between Act of 1999. The Canadian considered obsolete. NPA goals to the southwestern United States and Environmental Protection Act sets out promote sustainable natural resources northern Mexico within a single several guiding principles for are often unattainable because of breeding season (Sechrist et al. 2012, p. conserving the environment including conflicting land ownership interests 5), so that individuals that breed in the but not limited to supporting: (Valdez et al. 2006, p. 272). The United States also depend to some Sustainable development; pollution allocation of funds for management of extent on habitat in northern Mexico. prevention; elimination of releases of natural reserve areas in Sonora is not We are not aware of any information on substances that are persistent or that assured, and some reserves have not the number of western yellow-billed bioaccumulate; an ecosystem approach received protection other than that cuckoos that utilize habitats in both and using the precautionary principle given by government edicts or their countries during a given breeding on issues related to the environment; natural isolation (Burquez and season; however, these are also stopover science-based national standards; and Martinez-Yrizar 1997, p. 378). Urban areas between breeding and wintering seeking intergovernmental cooperation development has reduced some of grounds in South America, and are for consistency and avoidance of Sonora’s natural reserves. Three of the important as foraging habitat. Therefore, duplication of efforts. Because the reserves have already disappeared, lack of regulatory protections for habitat yellow-billed cuckoo is not considered reflecting the tenuous state of many of the western yellow-billed cuckoo in a species at risk, implementation of nature reserves in Mexico (Burquez and northwestern Mexico also affects environmental protection regulations Martinez-Yrizar 2007, p. 546). western yellow-billed cuckoos in the are optional for the species. Wildlife management units, or UMAs, southwestern United States. were part of a program developed and In regard to potential for pesticide Mexico implemented by SEMARANT in 1997 to exposure south of the U.S. border, The Mexican Government, through its promote wildlife management on Mexico has the second largest pesticide Secretaria de Medio Ambiente y private property in Mexico (Weber et al. sales in Latin America, behind Brazil, Recursos Naturales (SEMARNAT), has 2006, p. 1480). The UMA program has which together account for 78 percent of authority to designate species as not been effective in promoting wildlife the volume of pesticides within 11 Latin threatened or endangered. The western management or biodiversity American countries (Mora 1997, pp. 3– yellow-billed cuckoo is not listed by the conservation. It has increased the 4). While Mexico has laws concerning Mexican Government’s Official Mexican introduction of exotic wildlife species to pesticide use, and import regulations on Norm NOM–059–SEMARNAT–2010, meet hunting demands. There is a lack certain pesticides, there is limited Mexico’s threatened species law. The of technical capability on private lands enforcement capacity (Behre 2003, pp. yellow-billed cuckoo is listed under the to conduct proper wildlife monitoring 337–338). The same is true in Paraguay, 1936 Mexico–United States Convention and management (Weber et al. 2006, p. Bolivia, Brazil, and Argentina, where for the Protection of Migratory Birds and 1482). In Mexico, the exploitation of yellow-billed cuckoos winter. For Game Mammals (Service 2013b), which minerals and industrial development example, in Paraguay, at the center of encourages voluntary cooperative has not been matched by strong the yellow-billed cuckoo’s wintering actions to protect identified migratory measures to protect the environment range, importation and use of many birds and mammals. (Burquez and Martinez-Yrizar 2007, p. pesticides are banned, but it is In 1988, the Mexican Government 547). Surface water and ground water estimated that the amount of pesticides passed the General Law of Ecological management in Mexico is also lacking, that are imported illegally are double Equilibrium and Environmental and restoring water quality and quantity the amount that are imported legally Protection, which is similar to NEPA in to water bodies is a primary concern (Scribano 2013, entire). For additional the United States. This Mexican statute (Organisation for Economic Co- information on pesticides, see Factor E requires an environmental assessment of operation and Development (OECD) below. private or government actions that may 2013, p. 102). In the State of Sonora, 30 Based on the best available affect wildlife or their habitat. years of unregulated water extraction information, the regulatory mechanisms Currently, no known regulatory from both above and below ground has in Mexico that would protect the mechanisms or conservation planning resulted in serious water resource western yellow-billed cuckoo from are in place that specifically targets the overexploitation and degradation (OECD threats described under Factors A and E conservation of habitat within the range 2013, p. 115). Although regulatory are either lacking or not being fully of the western yellow-billed cuckoo in measures are in place, they lack implemented. These include water Mexico. Therefore, we anticipate consistent implementation and supply projects, water diversions, continued threats in Mexico, with little oversight (OECD 2013, p. 133). expansion of agricultural activities and or no protection to the western yellow- Current efforts for protecting the overgrazing, conversion of habitat to billed cuckoo. western yellow-billed cuckoo in Mexico nonnative vegetation, climate change The National Natural Protected Areas primarily consist of identifying areas as (Factor A), and pesticides, as well as the (NPAs) system is a Mexican program to Important Areas for Bird Conservation threat of small, isolated patches of protect sensitive habitats and species. (A´ reas de Importancia para la western yellow-billed cuckoo habitat NPA designation is supposed to protect Conservacio´n de las Aves), but no (Factor E). areas that have not been significantly specific projects or conservation efforts altered by human activities and that are focused on the western yellow-billed Summary of Factor D provide diverse ecosystem services. cuckoo or its habitat (Sa´nchez-Gonza´lez Various Federal, State, and However, prior to 1994, most NPAs and Berlanga 2012 in litt.). international regulatory mechanisms in

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place provide varying degrees of pp. 1–4; Thompson, 1961, pp. 294–315; riparian habitat along the Snake River, conservation oversight that may to some Wilcove et al. 1986, p. 237). The Idaho, in sites surrounded by upland degree address the threat of ongoing potential natural regeneration or natural vegetation than in habitat habitat loss and degradation resulting restoration of the habitat to reconnect adjacent to agricultural lands. Saab from altered hydrology, conversion of these areas is low due to various reasons found that, compared to habitat patches habitat to nonnative vegetation, climate (see Factor A discussion). Under the surrounded by natural habitat, patches change, agricultural activities (Factor best of circumstances, for riparian near agricultural lands supported more A), or exposure to pesticides and effects habitat (willows, cottonwoods) to avian nest predators that prosper in of small and isolated habitat patches mature to the point at which it provides human-altered landscapes and have a (Factor E). In California, where the for appropriate food, shelter, and greater effect on the smaller, fragmented species is listed as endangered, breeding conditions for the western habitats (Saab 1999, p. 147). Increases in regulations prohibit unpermitted yellow-billed cuckoo may take 3–5 years these predators can result in more nest possession, purchase, sale, or take of (Golet et al. 2008, pp. 20–22). However, losses and discourage western yellow- listed species. Such prohibition of take in areas where conditions are less than billed cuckoos from nesting, thus does not include the species’ habitat, optimal, habitat may take several suppressing local western yellow-billed and the western yellow-billed cuckoo decades to mature to the point where it cuckoo population size. Increases in continues to decline in California would be available for use (Strahan nonnative vegetation can displace or despite its status as a State-listed 1984, pp. 58–67; Briggs 1995, pp. 63–67; degrade suitable nesting and foraging species. In addition, even though the Opperman and Merenlender 2004, pp. habitat, thereby leading to lower California Department of Pesticide 822–834; Trowbridge et al. 2004, pp. utilization of such areas by western Regulations has a program to protect 157–164; Morris et al. 2006, pp. 106– yellow-billed cuckoos. Together, the endangered species, the western yellow- 116; Griggs 2009, p. 12). effects can lead to western yellow-billed billed cuckoo has not been included as As a result, the western yellow-billed cuckoos abandoning these small habitat a covered species. cuckoo now primarily occurs in smaller, patches. Because the yellow-billed cuckoo is more widely separated populations. The western yellow-billed cuckoo is not a protected or sensitive species in Compared to large populations, smaller currently found in the largest Canada, Mexico, or in a majority of the populations are disproportionately contiguous and least-fragmented United States, and a variety of factors affected by natural and manmade remaining habitat patches. For example, influence the species and its habitat, we factors. These stressors vary in in California, sites larger than 198 ac (80 have determined that the current frequency, timing, and magnitude across ha) in extent and wider than 950 ft (600 regulatory regime does not adequately the species’ range. They are related or m) provided optimal patch size for address the majority of impacts to the correlated to each other or act in western yellow-billed cuckoos (Laymon western yellow-billed cuckoo or its combination to result in significant and Halterman 1989, p. 275). Nesting habitat. As described under Factor A, impacts to the western yellow-billed western yellow-billed cuckoos are one of the primary threats with the cuckoo within all or portions of its sensitive to patch size and seldom use range. patches smaller than 325 × 975 ft (100 greatest severity and magnitude of × impact to western yellow-billed cuckoo One of the ramifications of smaller, 300 m) (Hughes 1999, p. 20). This is the loss of habitat as a result of altered more isolated habitat patches is that the observed preferential use of large hydrologic functioning of streams in the smaller the patch, the more edge it has patches strongly suggests that the in proportion to its area, which West. Although some protections western yellow-billed cuckoo is increases the percentage of the available currently exist for the species and its sensitive to fragmentation and habitat exposed to the surrounding land habitat as a result of existing regulatory reductions in habitat patch size. uses (Hunter 1996, pp. 186–187). This is mechanisms at the Federal, State, or Moreover, patch-size reduction a particularly prevalent characteristic of local level, our evaluation suggests these combined with the scarcity of larger the western yellow-billed cuckoo’s protections are inadequate to address patches keeps the western yellow-billed remaining disjunct habitat patches, as the threats associated with the species cuckoo breeding population size many patches are in proximity to depressed. Such effects prevent the and its habitat. agricultural and other human-altered western yellow-billed cuckoo from E. Other Natural or Manmade Factors landscapes. For example, such land use reversing its long-term decline in Affecting Its Continued Existence currently dominates much of the population and range (Hunter 1996, pp. riparian landscape within many regions, 179–187). Small and Widely Separated Habitat particularly along some reaches of the Moreover, isolated breeding sites Patches lower Colorado River, Sacramento separated by hundreds of miles of As described in the Background River, Snake River, Verde River, Gila nonhabitat also reduce the ease with section and under Factor A, the habitat River, Santa Cruz River, San Pedro which dispersing juvenile and returning of the western yellow-billed cuckoo has River, and Rı´o Grande; and also in parts adult western yellow-billed cuckoos are undergone significant loss and of northern Mexico in the vicinity of able to find these sites. This isolation modification within its occupied floodplain farming along the Sonora, may result in low colonization and breeding range as a result of widespread Magdalena, and Moctezuma Rivers reoccupation rates, so that otherwise multiple human-caused effects. These (Villasen˜ or-Gomez 2006, p. 111). suitable habitat remains unoccupied or include altered hydrology in Agricultural activities on adjacent occupied at low densities (Laymon and watercourses and past loss and lands affect riparian bird communities Halterman 1989, p. 274; Hunter 1996, p. degradation from agriculture. Past in ways that may result in lower 185). For example, the Sacramento River destruction and modification reproductive success, and possible still appears to have sufficient habitat to transformed formerly large expanses of abandonment of the patch, as reviewed maintain a self-sustaining population of riparian habitat into a number of smaller by Saab (1999, pp. 136, 147–148). Saab western yellow-billed cuckoos, as more patches of smaller total area, isolated (1999, p. 147) found that bird species, than 25,000 ac (10,117 ha) of riparian from each other by a matrix of mostly including the western yellow-billed and associated natural habitat has been human-altered habitats (McGill, 1975, cuckoo, were more likely to occur in protected and other sections are in the

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process of being restored. However, not or forest pest control, or from overspray 11–12) reported sublethal poisoning of all suitable patches are occupied or may or drift when the species’ foraging young western yellow-billed cuckoos only be occupied in very low densities, habitat is located next to agricultural caused by spraying active nests in and the western yellow-billed cuckoo fields. Pesticides can affect western walnut orchards in California. population remains much lower than its yellow-billed cuckoos foraging for Although DDT use has been banned potential (Dettling and Howell 2011, pp. grasshoppers at the field-forest interface in the United States since 1972, and in 20–21). or foraging for caterpillars in riparian Mexico since 1999, yellow-billed On the Colorado River (between Lake habitat adjacent to the sprayed fields. cuckoos may be exposed to DDT in Mead and the Mexico border), habitat Accumulation of chlorinated Mexico or on wintering grounds where restoration efforts are being hydrocarbon pesticides, particularly DDT is still used despite any bans on its implemented as a result of the Lower- dichlorodiphenyltrichloroethane (DDT), use. The soil half-life for DDT is from 2 Colorado River Multi-species has affected other bird species, to 15 years. However, in some cases, Conservation Plan (LCR MSCP). The particularly top predators (Robinson half of the DDT initially present will LCR MSCP permittees are in the process and Bolen 1989, pp. 269–275). remain for 20, 30, or more years (U.S. of creating and maintaining up to 4,050 Pesticides may affect behavior (for Department of Human Health & Human ac (1,639 ha) of western yellow-billed example, loss of balance) or cause death Services, Agency for Toxic Substances cuckoo habitat, reducing the risk of loss by direct contact. Pesticide use may and Disease Registry 1994, pp. 3–4). of created habitat to wildfire, replacing indirectly affect western yellow-billed For example, yellow-billed cuckoos created habitat affected by wildfire, and cuckoos by reducing prey numbers, or (most likely of the eastern population) avoiding and minimizing operational by poisoning nestlings if sprayed collected during the spring and fall and management impacts to western directly in areas where the birds are migration in Florida had unusually high yellow-billed cuckoos over the 50-year nesting (Laymon and Halterman 1987b, concentrations of DDT, suggesting life of the permit (2005 to 2055) (Lower p. 23; Lehman and Walker 2001, p. 12). exposure on the wintering grounds in Colorado River Multi-Species Western yellow-billed cuckoo prey South America (Grocki and Johnston Conservation Program 2004, pp. 5–30– populations were affected by aerial 1974, pp. 186–188). Analysis of two 5–36, Table 5–10, 5–58–5–60). Not all of spraying of larvicides for control of eggs collected in California in 1979 the habitat has been created, and as a mosquitoes at Caswell State Park in showed very low levels of result, the restoration sites are not California (Laymon 1998, p. 12) and in dichlorodiphenyldichloroethylene contiguous along the entire river reach. Colorado to control an outbreak of (DDE), a stable metabolite of DDT, but Monitoring and survey efforts for the caterpillars on box elders near Durango eggshell fragments collected in 1985 western yellow-billed cuckoo have (Colyer 2001, pp. 1–6). The available from three nests along the South Fork shown an increase in detections, but the evidence suggests that a reduction in Kern River in California averaged 19 majority of detections were confined to prey availability results in reduced percent thinner than pre-DDT era only a few of the larger areas (McNeil et nesting success (Laymon 1980, p. 27; eggshells (Laymon and Halterman al. 2011, pp. 1–16). Hughes 1999, pp. 19–20), and pairs may 1987b, pp. 22–23). DDT has caused In summary, despite efforts to protect even forgo breeding in years with eggshell thinning in other bird species, and restore riparian habitat along the inadequate food supplies (Veit and and this percentage of thinning in other Sacramento River and Colorado River Petersen 1993, pp. 258–259). Therefore, species has allowed eggs to be crushed and elsewhere in the range of the the application of pesticides directly during incubation, but there is no western yellow-billed cuckoo, these onto areas of riparian habitat may information showing that western efforts offset only a small fraction of indirectly affect the reproductive yellow-billed cuckoo eggs have been historical habitat that has been lost. success of the western yellow-billed crushed during incubation because of Therefore, the threats resulting from the cuckoo, leading to nest failure and shell thinning. species’ behavioral response to the lowered population size. Additionally, A recent study in southern Sonora, multiple, combined effects of small and because breeding site fidelity is in part Mexico, tested for the presence of a widely separated habitat patches dependent on previous successful group of agricultural pesticides banned exacerbate the effect of other threats nesting (see the Breeding Site Fidelity in the United States, known as within a large portion of the range of the section of the proposed rule), western organochlorine pesticides (beta- western yellow-billed cuckoo. yellow-billed cuckoos may abandon hexachlorocyclohexane (BHC), lindane, Moreover, because the threats that otherwise suitable nest sites where prey aldrin, endrin, b-endosulfan, create small and isolated patches are availability is limited by pesticide use, methoxychlor, p, p0–DDE, p, p0- ongoing (see Factor A) and maturation resulting in curtailment of its occupied Dichlorodiphenyldichloroethane (DDD), of regenerated or restored habitat may range. p, p0–DDT). Collectively called OCPs, take several decades to fully provide for Effects from overspray of pesticides these pesticides are persistent in the the needs of the species, we expect the are more pronounced in smaller patches environment. Soil samples collected effects of the species’ response to small next to agricultural fields (because they from 24 localities in the Yaqui and patch size to continue to adversely have more edges, which allows for Mayo Valleys of southern Sonora, impact the western yellow-billed increased chances of exposure), but the Mexico, watersheds in which the cuckoo into the future. effects of pesticides could also affect western yellow-billed cuckoo is known larger habitat patches as well. In many to breed, were found to have higher OCP Pesticides areas riparian habitat borders levels than other regions of the world. Exposure to pesticides may also be a agricultural lands, such as California’s The OCPs were predominantly DDT threat to western yellow-billed cuckoos Central Valley, the lower Colorado (Cantu-Soto et al. 2011, p. 559), despite because it negatively impacts River, Snake River, Gila River, Rı´o its having been discontinued in Mexico populations of insect prey (Groschupf Grande Valley, and rivers in northern in 1999 after decades of heavy use in 1987, p. 29; Hughes 1999, p. 2). The Mexico, including the Sonora, Yaqui, agriculture and for malaria control effects of pesticides on western yellow- Mayo, and Moctezuma, where western (Yan˜ ez et al. 2004, p. 18). This finding billed cuckoos can be from intentional yellow-billed cuckoos are vulnerable to may indicate recent applications of DDT aerial spraying of habitat for mosquito pesticide exposure. Laymon (1980, pp. in agricultural soils (Cantu-Soto et al.

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2011, p. 559). Because of the proximity locations where it may be particularly Species Conservation Plan. This habitat of habitat for western yellow-billed significant, or the extent to which conservation plan calls for the creation cuckoos to these valleys and the pesticides may be responsible for of 5,940 ac (2405 ha) of riparian habitat prevalence of floodplain agriculture in population-level effects in the western through active restoration of which northern Mexico, these pesticides, yellow-billed cuckoo. However, based 4,050 ac (1,640 ha) will be suitable for especially DDT, may be having on the close proximity of agricultural western yellow-billed cuckoos widespread long-lasting effects on the areas to where the western yellow-billed (Reclamation 2004, Sec. 5, p. 58). Active western yellow-billed cuckoo. These cuckoo breeds, the threat is potentially restoration work began on the South include direct and indirect exposure significant. Fork Kern River in California, in 1986. through ingestion of contaminated prey To date, 340 ac (138 ha) of riparian Collisions With Communication items, and reduction in prey availability habitat have been restored (Audubon Towers, Wind Turbines, Solar Power from direct exposure and pesticide California 2012, pp. 1–10). Along the Towers, and Other Tall Structures runoff into habitat that supports western Sacramento River, the Sacramento River yellow-billed cuckoos. Yellow-billed cuckoos are vulnerable National Wildlife Refuge has Neonicotinoid pesticides are systemic to collision with communication towers implemented an active riparian chemicals that are taken up through and other tall structures, particularly restoration program. Riparian habitat various plant parts and can be during their migration. For example, restoration activities have been distributed through a plant’s tissues. several hundred yellow-billed cuckoo conducted on 4,513 ac (1,826 ha) with These chemicals can be applied to a mortalities were documented at a single 2,400 ac (738 ha) slated for additional plant as a seed coating, soil contact, television tower in Florida over a 29- restoration (Hammond 2011, p. 14). In irrigation water, or as a foliar spray. year period (Crawford and Stevenson Utah, from 2008–2013, the State’s Many of these chemicals are long acting 1984, p. 199; Crawford and Engstrom Watershed Restoration Initiative (WRI) with half-lives up to 2 years. Plant 2001, p. 383), and at an airport has invested funding with partners tissues that have been treated are toxic ceilometer in the east (Howell et al. toward collaborative habitat to both sap-sucking (e.g., aphids and 1954, p. 212). Lesser numbers of yellow- enhancement efforts in lowland riparian true bugs) and foliage-eating insects billed cuckoos have been reported as habitats. The efforts were distributed (e.g., caterpillars, katydids, killed at other sites with both television across 35 different projects and totaled grasshoppers, and beetles). Many of towers and wind turbines in Wisconsin, more than 8,000 ac (3,200 ha). these foliage-eating insects are potential West Virginia, and northern Texas At present, restoration occurs on a prey of the western yellow-billed (Kemper 1996, p. 223; Schechter 2009, relatively small scale in comparison to cuckoo. These chemicals have the p. 1; Bird Watching 2011, p. 1), the need to reduce habitat fragmentation potential to reduce prey abundance if Although these mortalities were in the and increase the overall extent of intentionally or accidentally applied to eastern segment of the population, with suitable habitat. Future process-based foliage on which western yellow-billed the number of tall towers that have been restoration projects that restore natural cuckoos forage. To date no scientific constructed in recent years in the river hydrology show great promise for studies have been done on western western United States, the potential large-scale restoration of riparian habitat yellow-billed cuckoos and their prey, exists for collisions with the western for western yellow-billed cuckoos. but additional reports and research on yellow-billed cuckoo. Remains of a To date, conservation efforts, though these chemicals discuss the potential yellow-billed cuckoo along with 70 helpful, have been inadequate to adverse effects (Mineau and Whiteside other species of birds have been significantly reduce the effects of 2013; Hopwood et al. 2013; Mineau and recovered at the Ivanpah solar power natural or manmade factors affecting the Palmer 2013). tower facility (California) during its first western yellow-billed cuckoo. In summary, pesticide use is year of operation (Kagan et al. 2014, p. Summary of Factor E widespread in agricultural areas in the 10). Without further study, we western yellow-billed cuckoo breeding anticipate this to be a minor, but As noted in Factor A, habitat for the range in the United States and northern ongoing, effect to individual yellow- western yellow-billed cuckoo has been Mexico. Yellow-billed cuckoos have billed cuckoos, but in combination with modified and curtailed, resulting in been exposed to the effects of pesticides all the other effects to this species, as only remnants of formerly large tracts of on their wintering grounds, as described under Factors A and E, native riparian forests, many of which evidenced by DDT found in their eggs mortality from collision would have an are no longer occupied by western and eggshell thinning in the United additive effect to the threats facing the yellow-billed cuckoos. Despite recent States. Because much of the species’ western yellow-billed cuckoo. efforts to protect existing, and restore habitat is in proximity to agriculture, additional, riparian habitat in the Conservation Efforts To Reduce Other the potential exists for direct and Sacramento, Kern, and Colorado Rivers, indirect effects to a large portion of the Natural or Manmade Factors Affecting and other rivers in the range of the species in these areas through altered Its Continued Existence western yellow-billed cuckoo, these physiological functioning, prey Active and hydrological process- efforts offset only a small fraction of availability, and, therefore, reproductive based restoration of riparian habitat on historical habitat that has been lost. success, which ultimately results in the Colorado, Kern, and Sacramento Therefore, we expect the threat resulting lower population abundance and Rivers and elsewhere will help reduce from the combined effects associated curtailment of the occupied range. habitat fragmentation, small patch size, with small and widely separated habitat While agricultural pesticides can kill and overall lack of habitat. In some patches to continue to affect a large prey of the yellow-billed cuckoo, and restoration plans, reduction of portion of the range of the western documentation exists of pesticide fragmentation is a stated goal, and yellow-billed cuckoo. This threat is exposure in the wild, described above, restoration sites are planned for sites particularly persistent where small no known data are available to adjacent to existing habitat. The habitat patches are in proximity to determine specifically how often Colorado River riparian habitat human-altered landscapes, such as near agricultural chemicals may be affecting restoration work is just beginning and is agricultural fields that dominate the yellow-billed cuckoo prey availability, part of the Lower Colorado River Multi- landscape in many areas where the

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western yellow-billed cuckoo occurs. As (see also specific details under Factor the effectiveness of these regulatory a result, the potential exists for A). mechanisms is uncertain. pesticides to directly affect (poisoning Much of the available habitat is now These factors pose current and future individual cuckoos) and indirectly in small patches with only a relatively threats to the species because they are affect (reducing the prey base) a large few patches regularly occupied by ongoing and likely to continue in the portion of the species. These effects nesting western yellow-billed cuckoos. near future. could ultimately result in lower Thus, the species’ intolerance of small Determination population abundance and curtailment patch size in combination with of its occupied range. Mortality from extensive habitat loss has resulted in We have carefully assessed the best collisions with tall structures is also an much less suitable habitat and a greatly scientific and commercial data available ongoing but largely unquantified effect. reduced western yellow-billed cuckoo regarding the past, present, and reasonably anticipated future threats to population size. In areas at the edge of Cumulative Impacts the western yellow-billed cuckoo. In the western yellow-billed cuckoo’s assessing the status of the western Habitat loss and degradation occurs current range (e.g., the Sacramento yellow-billed cuckoo, we applied the throughout the range of the western River), restoration of riparian habitat has general understanding of ‘‘in danger of yellow-billed cuckoo (see Background not been accompanied by an increase in extinction’’ discussed in the December section and Factor A above), and many the species’ population indicating that 22, 2010, Memorandum to the polar of the threats under Factor A have other factors may be limiting the bear listing determination file, worked and are working in combination population in those areas. Moreover, to reduce the amount, configuration, ‘‘Supplemental Explanation for the large areas of suitable habitat are and quality of the riparian habitat that Legal Basis of the Department’s May 15, unlikely to naturally regenerate within remains. 2008, Determination of Threatened This array of Factor A threats, the range of the species into the future Status for the Polar Bear,’’ signed by working in combination, creates the because western yellow-billed cuckoos then Acting Director Dan Ashe (Service situation that then allows threats from need riparian habitat in a range of ages, 2010, pp. 1–18). Threats to the western the other listing factors to markedly including older, more structurally yellow-billed cuckoo exist for two of affect the species. These other-factor diverse areas for nesting, and nearly all five threat factors. Threats also occur in threats may not be significant in and of of the areas where riparian habitat could combination, resulting in synergistically themselves, but because they are not grow in western North America are greater effects. occurring in isolation they, in modified by dams, channelization, Factor A threats result from habitat combination, are contributing to the water extraction, and other activities destruction, modification, and population decline of the species. For that disrupt natural processes to allow degradation from dam construction and example, as discussed in the Small and good-quality riparian habitat to grow in operations, water diversions, riverflow Widely Separated Habitat Patches a mosaic of different ages (see Factor A). management; stream channelization and section of Factor E, above, small habitat Climate change is likely to further add stabilization; conversion to agricultural patches (resulting from the effects of to these impacts. uses, such as crops and livestock Factor A threats) are more likely to have Summary of Factors grazing; urban and transportation a larger number and a wider range of infrastructure; and increased incidence nest predators (see the Predation section The primary factors threatening the of wildfire. Continuing ramifications of of Factor C, above) because more nest western DPS of the yellow-billed cuckoo actions that caused habitat loss in the predators occur in ecological edges. are the loss and degradation of habitat past have resulted in ongoing Additionally, habitat patches near areas for the species from altered watercourse curtailment of the habitat of the western of agricultural or urban development hydrology and natural stream processes, yellow-billed cuckoo throughout its can foster higher densities of potential livestock overgrazing, encroachment range. These factors also contribute to nest predators. Thus, any western from agriculture, and conversion of fragmentation and promote conversion yellow-billed cuckoo nesting in a small native habitat to predominantly to nonnative plant species, particularly habitat patch near development may be nonnative vegetation as identified in tamarisk. The threats affecting western subject to higher levels of nest predation Factor A. Additional threats to the yellow-billed cuckoo habitat are and thus lower productivity. Moreover, species under Factor E include the ongoing and significant and have the mere presence of certain nest effects of climate change, pesticides, resulted in curtailment of the range of predators in a habitat patch may elicit wildfire, and small and widely the species. Loss of riparian habitat a behavioral response from western separated habitat patches. The leads not only to a direct reduction in yellow-billed cuckoos such that they do cumulative impact from various threats western yellow-billed cuckoo numbers not even attempt to nest in such habitat is also a factor that will exacerbate but also leaves a highly fragmented patches, even if other aspects of the multiple existing threats to the western landscape, which in combination with habitat would suggest that it is suitable yellow-billed cuckoo and its habitat. other threats (see below), can reduce for nesting. Various Federal, State, and breeding success through increased Similarly, riparian habitat patches international regulatory mechanisms in predation rates and barriers to dispersal that occur near urban and agricultural place provide varying degrees of by juvenile and adult western yellow- development may be subject to conservation oversight that may to some billed cuckoos. intentional or accidental pesticide degree address the threat of ongoing Factor E threats, including habitat spraying, as discussed in the Pesticide habitat loss and degradation; however, rarity and small and isolated population section under Factor E. This spraying because the yellow-billed cuckoo is not sizes, cause the remaining western would be unlikely to occur but for the a protected or sensitive species in a yellow-billed cuckoo populations to be habitat patch’s proximity to majority of the United States or in increasingly susceptible to further development. This development likely Canada and Mexico, the application of declines through lack of immigration, occurs close to the riparian habitat these regulatory mechanisms to reduced populations of prey species through a process similar to the conserve the western yellow-billed (food items), pesticides, and collisions generalized scenario described above cuckoo or its habitat is unknown and with tall vertical structures during

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migration. The serious and ongoing State or foreign nation, to protect such extinction from elevated or cumulative threat of small overall population size, species, whether by predator control, threats, is not yet restricted to a which is the result of other threats in protection of habitat and food supply, or critically small range or critically low combination, leads to an increased other conservation practices, within any numbers, and currently does not show chance of local extirpations. area under its jurisdiction, or on the any substantial reduction in numbers, it The threats that affect the western high seas.’’ Restoration of riparian would not meet the definition of yellow-billed cuckoo are important on a habitat on the Colorado, Kern, and ‘‘endangered’’ as determined by the Act. threat-by-threat basis, but are even more Sacramento Rivers and elsewhere will More appropriately, we find that the significant in combination. Habitat loss help reduce habitat fragmentation, small western yellow-billed cuckoo is likely to has been extensive throughout the range patch size, and overall lack of habitat. become endangered throughout all or a of the western yellow-billed cuckoo. However, at present, restoration is being significant portion of its range within The remaining riparian habitat is done on a relatively small scale in the foreseeable future, based on the fragmented into small patches, which comparison to the need to reduce timing, severity, and scope of the threats the species does not normally select as habitat fragmentation and increase the described above. Therefore, on the basis breeding habitat. Additionally, western overall extent of suitable habitat. DDT of the best available scientific and yellow-billed cuckoos need riparian has been banned in the United States for commercial information, we are listing habitat in a range of ages, including several decades, but use of DDT the western distinct population segment older structurally diverse areas for continues in Central and South of the yellow-billed cuckoo as a nesting. This diversity of tree ages America, thus potentially exposing threatened species in accordance with within the riparian vegetation (western western yellow-billed cuckoos during sections 3(6), 3(20), and 4(a)(1) of the yellow-billed cuckoo’s habitat) is largely migration and winter. Act. dependent on disturbances that affect Through our analysis of the best some but not all of the vegetation within available scientific and commercial Significant Portion of the Range that habitat patch at one time. A number information on the species’ abundance, Under the Act and our implementing of threats, working in combination or life history, current population status regulations, a species may warrant individually, prevent such disturbance and trends, and the response of the listing if it is an endangered or from happening now and will continue species and its habitat to natural and threatened species throughout all or a to do so in the future. anthropogenic threats, we have significant portion of its range. The Act For example, dams and other flood determined that the western yellow- defines ‘‘endangered species’’ as any control modifications to a watercourse billed cuckoo meets the definition of a species which is ‘‘in danger of may prevent floods from being severe threatened species under the Act, rather extinction throughout all or a significant enough to affect that habitat patch; than endangered. The Act defines an portion of its range,’’ and ‘‘threatened channelization may restrict floodwaters endangered species as any species that species’’ as any species which is ‘‘likely to a narrow channel, allowing is ‘‘in danger of extinction throughout to become an endangered species within floodwaters to cause too much damage all or a significant portion of its range’’ the foreseeable future throughout all or to habitat within the channel and not and a threatened species as any species a significant portion of its range.’’ The enough (or no) damage to habitat ‘‘that is likely to become endangered definition of ‘‘species’’ is also relevant outside the channel; altered flood throughout all or a significant portion of to this discussion. The Act defines regimes may allow dead wood to its range within the foreseeable future.’’ ‘‘species’’ as follows: ‘‘The term accumulate, allowing fires, when they The geographic extent of the western ‘species’ includes any subspecies of fish occur, to be severe and affect most of the yellow-billed cuckoo remains rather or wildlife or plants, and any distinct patch; development and other human widespread through much of its historic population segment [DPS] of any activities next to habitat patches may range, conferring some measure of species of vertebrate fish or wildlife allow more wildfires to be ignited; and ecological and geographic redundancy which interbreeds when mature.’’ The the reduction in patch size, through and resilience. Although there is a phrase ‘‘significant portion of its range’’ neighboring development, alteration of general decline in the overall (SPR) is not defined by the statute, and hydrology, or encroachment by population trend and its breeding range we have never addressed in our nonnative plants, makes it more likely has been reduced, the rate of the regulations: (1) The consequences of a that a larger proportion of that patch population decline and contraction of determination that a species is either will be affected during any given its breeding range is not so severe to endangered or likely to become so disturbance event. Moreover, nearly all indicate extinction is imminent for the throughout a significant portion of its areas where riparian habitat could western yellow-billed cuckoo. This range, but not throughout all of its potentially grow are modified by dams current downward trend is slow and not range; or (2) what qualifies a portion of or water withdrawal and disrupted by expected to increase in the near future. a range as ‘‘significant.’’ other activities, often in combination, The majority of large-scale habitat losses In determining whether a species is that prevent the reestablishment of and conversions through dam building threatened or endangered in a riparian habitat. Patch size, when and agricultural development have significant portion of its range, we first coupled with habitat loss and Factor C already occurred, and we are not aware identify any portions of the range of the and E threats, including proximity to of any large-scale projects that would species that warrant further incompatible land uses, which increases affect the species to the extent that the consideration. The range of a species exposure to predators and pesticides, is current trend of decline would change. can theoretically be divided into a significant cumulative threat to the Therefore, threats to the species and portions an infinite number of ways. western yellow-billed cuckoo now and population declines do not currently However, there is no purpose to in the future. reach the level typical of an endangered analyzing portions of the range that are Per section 4(b)(1)(A) of the Act, prior species. not reasonably likely to be both (1) to making our determination, we must Because the western yellow-billed significant and (2) threatened or first ‘‘[take] into account those efforts, if cuckoo does not face any known sudden endangered. To identify only those any, being made by any State or foreign and calamitous threats, it is not a portions that warrant further nation, or any political subdivision of a narrowly endemic species vulnerable to consideration, we determine whether

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there is substantial information become endangered in the foreseeable planning process involves the indicating that: (1) The portions may be future. identification of actions that are significant, and (2) the species may be The western yellow-billed cuckoo is necessary to halt or reverse the species’ in danger of extinction there or likely to highly restricted to riparian habitat, and decline by addressing the threats to its become so within the foreseeable future. the threats to the species and its habitat survival and recovery. The goal of this In practice, a key part of this analysis is occur throughout its breeding range. process is to restore listed species to a whether the threats are geographically Therefore, we assessed the status of the point where they are secure, self- concentrated in some way. If the threats western yellow-billed cuckoo sustaining, and functioning components to the species are essentially uniform throughout its entire breeding range. of their ecosystems. throughout its range, no portion is likely The threats to the survival of the species Recovery planning includes the to warrant further consideration. occur throughout the western DPS’ development of a recovery outline Moreover, if any concentration of breeding range and are not restricted to shortly after a species is listed and threats applies only to portions of the any particular significant portion of that preparation of a draft and final recovery species’ range that are not significant, range. We conclude that what affects the plan. The recovery outline guides the such portions will not warrant further entire breeding portion of the western immediate implementation of urgent consideration. DPS’ range affects the status of the recovery actions and describes the If we identify portions that warrant entire western yellow-billed cuckoo process to be used to develop a recovery further consideration, we then throughout its breeding range, including plan. Revisions of the plan may be done determine whether the species is migration corridors and stopover areas. to address continuing or new threats to threatened or endangered in these Accordingly, our assessment and the species, as new substantive portions of its range. Depending on the proposed determination applies to the information becomes available. The biology of the species, its range, and the western yellow-billed cuckoo recovery plan identifies site-specific threats it faces, the Service may address throughout its entire breeding range. management actions that set a trigger for either the significance question or the We found no portion of the western review of the five factors that control status question first. Thus, if the Service yellow-billed cuckoo’s range where whether a species remains endangered considers significance first and threats are significantly concentrated or or may be downlisted or delisted, and determines that a portion of the range is substantially greater than in other methods for monitoring recovery not significant, the Service need not portions of their range and that factors progress. Recovery plans also establish determine whether the species is affecting the species are essentially a framework for agencies to coordinate threatened or endangered there. uniform throughout its range, indicating their recovery efforts and provide Likewise, if the Service considers status no portion of the range of the species estimates of the cost of implementing first and determines that the species is warrants further consideration of recovery tasks. Recovery teams not threatened or endangered in a possible endangered or threatened (composed of species experts, Federal portion of its range, the Service need not status under the Act. Therefore, we find and State agencies, nongovernmental determine if that portion is significant. there is no significant portion of the organizations, and stakeholders) are However, if the Service determines that range of the western yellow-billed often established to develop recovery both a portion of the range of a species cuckoo that may warrant a different plans. When completed, the recovery is significant and the species is status. outline, draft recovery plan, and the threatened or endangered there, the Available Conservation Measures final recovery plan will be available on Service will specify that portion of the our Web site (http://www.fws.gov/ range as threatened or endangered Conservation measures provided to endangered), or from our Sacramento under section 4(c)(1) of the Act. species listed as endangered or Fish and Wildlife Office (see FOR We evaluated the current range of the threatened under the Act include FURTHER INFORMATION CONTACT). western yellow-billed cuckoo to recognition, recovery actions, Implementation of recovery actions determine if there is any apparent requirements for Federal protection, and generally requires the participation of a geographic concentration of threats for prohibitions against certain practices. broad range of partners, including other the species. The western yellow-billed Recognition through listing results in Federal agencies, States, Tribal, cuckoos are highly restricted to riparian public awareness and conservation by nongovernmental organizations, habitat in their ranges, and the threats Federal, State, and local agencies; businesses, and private landowners. occur throughout the species’ range. We private organizations; and individuals. Examples of recovery actions include considered the potential threats due to The Act encourages cooperation with habitat restoration (e.g., restoration of altered watercourse hydrology and the States and requires that recovery native vegetation), research, captive natural stream processes, livestock actions be carried out for all listed propagation and reintroduction, and overgrazing, encroachment from species. The protection measures outreach and education. The recovery of agriculture, conversion of native habitat required of Federal agencies and the many listed species cannot be to predominantly nonnative vegetation, prohibitions against certain activities accomplished solely on Federal lands pesticides, wildfire, small and widely are discussed, in part, below. because their range may occur primarily separated habitat patches, and the The primary purpose of the Act is the or solely on non-Federal lands. To effects of climate change. We found no conservation of endangered and achieve recovery of these species concentration of threats because of the threatened species and the ecosystems requires cooperative conservation efforts species’ limited and curtailed range, and upon which they depend. The ultimate on private, State, and Tribal lands. uniformity of the threats throughout its goal of such conservation efforts is the Following publication of this final entire range. Having determined that the recovery of these listed species, so that listing rule, funding for recovery actions western yellow-billed cuckoo is they no longer need the protective will be available from a variety of threatened throughout its entire range, measures of the Act. Subsection 4(f) of sources, including Federal budgets, we must next consider whether there the Act requires the Service to develop State programs, and cost share grants for are any significant portions of the range and implement recovery plans for the non-Federal landowners, the academic where the western yellow-billed cuckoo conservation of endangered and community, and nongovernmental is in danger of extinction or is likely to threatened species. The recovery organizations. In addition, pursuant to

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section 6 of the Act, the States of structures, water diversion and variety of habitat conditions across its Washington, Idaho, Montana, Oregon, withdrawal projects, roads and bridges, range, and it is likely that site- and California, Nevada, Wyoming, Utah, utilities, recreation sites, and other project-specific conservation measures Colorado, Arizona, New Mexico, and forms of development, and livestock may be needed for activities that may Texas would be eligible for Federal grazing. directly or indirectly affect the species. funds to implement management Under section 4(d) of the Act, the Based on the best available actions that promote the protection or Service has discretion to issue information, the following activities recovery of the yellow-billed cuckoo. regulations that we find necessary and may potentially result in a violation of Information on our grant programs that advisable to provide for the section 9 the Act; this list is not are available to aid species recovery can conservation of threatened species. The comprehensive: (1) Handling or be found at: http://www.fws.gov/grants. Act and its implementing regulations set collecting of the species; (2) destruction/ Please let us know if you are forth a series of general prohibitions and alteration of the species’ habitat by interested in participating in recovery exceptions that apply to threatened discharge of fill material, draining, efforts for the yellow-billed cuckoo. wildlife. The prohibitions of section ditching, tiling, pond construction, Additionally, we invite you to submit 9(a)(1) of the Act, as applied to stream channelization or diversion, or any new information on this species threatened wildlife and codified at 50 diversion or alteration of surface or whenever it becomes available and any CFR 17.31 make it illegal for any person ground water flow; (3) livestock grazing information you may have for recovery subject to the jurisdiction of the United that results in direct or indirect planning purposes (see FOR FURTHER States to take (which includes harass, destruction of riparian habitat; (4) INFORMATION CONTACT). harm, pursue, hunt, shoot, wound, kill, activities such as continued presence of Section 7(a) of the Act requires trap, capture, or collect; or to attempt cattle and fragmentation of riparian Federal agencies to evaluate their any of these) threatened wildlife within habitat; (5) pesticide applications in actions with respect to any species that the United States or on the high seas. In violation of label restrictions; and (6) is proposed or listed as endangered or addition, it is unlawful to import; release of biological control agents that threatened and with respect to its export; deliver, receive, carry, transport, modifies or destroys habitat used by the critical habitat, if any is designated. or ship in interstate or foreign species. Regulations implementing this commerce in the course of commercial Questions regarding whether specific interagency cooperation provision of the activity; or sell or offer for sale in activities would constitute a violation of Act are codified at 50 CFR 402. Section interstate or foreign commerce any section 9 of the Act should be directed 7(a)(4) of the Act requires Federal listed species. It is also illegal to to the Sacramento Fish and Wildlife agencies to confer with the Service on possess, sell, deliver, carry, transport, or Office (see FOR FURTHER INFORMATION any action that is likely to jeopardize ship any such wildlife that has been CONTACT). the continued existence of a species taken illegally. Certain exceptions apply proposed for listing or result in to employees of the Service, the Required Determinations destruction or adverse modification of National Marine Fisheries Service, other National Environmental Policy Act (42 proposed critical habitat. If a species is Federal land management agencies, and U.S.C. 4321 et seq.) listed subsequently, section 7(a)(2) of State conservation agencies. the Act requires Federal agencies to We may issue permits to carry out We have determined that ensure that activities they authorize, otherwise prohibited activities environmental assessments and fund, or carry out are not likely to involving threatened wildlife under environmental impact statements, as jeopardize the continued existence of certain circumstances. Regulations defined under the authority of the the species or destroy or adversely governing permits are codified at 50 National Environmental Policy Act of modify its critical habitat. If a Federal CFR 17.32. With regard to threatened 1969 (42 U.S.C. 4321 et seq.), need not action may affect a listed species or its wildlife, a permit may be issued for the be prepared in connection with critical habitat, the responsible Federal following purposes: For scientific regulations pursuant to section 4(a) of agency must enter into formal purposes, to enhance the propagation or the Act. We published a notice outlining consultation with the Service. survival of the species, and for our reasons for this determination in the Federal agency actions within or incidental take in connection with Federal Register on October 25, 1983 affecting the species’ habitat that may otherwise lawful activities. There are (48 FR 49244). require conference or consultation or also certain statutory exemptions from Government-to-Government both as described in the preceding the prohibitions, which are found in Relationship With Tribes paragraph include, but are not limited sections 9 and 10 of the Act. to, projects that will result in removal or It is our policy, as published in the In accordance with the President’s degradation of riparian vegetation, Federal Register on July 1, 1994 (59 FR memorandum of April 29, 1994 altered streamflow or fluvial dynamics, 34272), to identify to the maximum (Government-to-Government Relations or other habitat-altering activities on extent practicable at the time a species with Native American Tribal Federal lands or as a result of issuance is listed, those activities that would or Governments; 59 FR 22951), Executive of section 404 CWA permits by the would not constitute a violation of Order 13175 (Consultation and USACE; construction and management section 9 of the Act. The intent of this Coordination With Indian Tribal of energy and power line rights-of-way policy is to increase public awareness of Governments), and the Department of by the FERC; construction and the effect of a final listing on proposed the Interior’s manual at 512 DM 2, we maintenance of roads, highways, or and ongoing activities within the range readily acknowledge our responsibility bridges by the Federal Highway of a listed species. However, at this to communicate meaningfully with Administration; grazing leases by the time, we are unable to identify specific recognized Federal Tribes on a USFS or the BLM; and projects funded activities that would not be considered government-to-government basis. In through Federal loan programs. Such to result in a violation of section 9 of the accordance with Secretarial Order 3206 projects may include, but are not Act because the western yellow-billed of June 5, 1997 (American Indian Tribal limited to, construction or modification cuckoo occurs in riparian habitat across Rights, Federal-Tribal Trust of reservoirs, levees, bank stabilization numerous western States that exhibit a Responsibilities, and the Endangered

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Species Act), we readily acknowledge at http://www.regulations.gov or upon Regulation Promulgation our responsibilities to work directly request from the Field Supervisor, with tribes in developing programs for Sacramento Fish and Wildlife Office Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the healthy ecosystems, to acknowledge that (see ADDRESSES). tribal lands are not subject to the same Code of Federal Regulations, as follows: controls as Federal public lands, to Authors PART 17—[AMENDED] remain sensitive to Indian culture, and The primary authors of this final rule to make information available to tribes. are the staff members from the Service’s ■ During the development of this final 1. The authority citation for part 17 rule, we contacted, held meetings with, Sacramento Fish and Wildlife Office continues to read as follows: or otherwise coordinated with all and the Pacific Southwest Regional Authority: 16 U.S.C. 1361–1407; 1531– known tribal entities within the range of Office (Region 8) with assistance from 1544; 4201–4245, unless otherwise noted. the species within the United States. staff from the Pacific Northwest Region Information solicited or gathered as (Region 1), the Southwest Region ■ 2. Amend § 17.11(h) by adding an result of this coordination has been (Region 2), and the Mountain-Prairie entry for ‘‘Cuckoo, yellow-billed incorporated into this final Region (Region 6). (Western DPS)’’ to the List of determination as appropriate. We will Endangered and Threatened Wildlife in List of Subjects in 50 CFR Part 17 conduct further coordination during our alphabetical order under Birds, to read designation of critical habitat for the Endangered and threatened species, as follows: species. Exports, Imports, Reporting and § 17.11 Endangered and threatened References Cited recordkeeping requirements, wildlife. A complete list of all references cited Transportation. * * * * * in this rule is available on the Internet (h) * * *

Species Vertebrate population where Critical Special Historic Range endangered or Status When listed habitat rules Common name Scientific name threatened

******* BIRDS

******* Cuckoo, yellow-billed Coccyzus U.S.A., Canada, Western DPS: T 850 NA NA americanus. Mexico. U.S.A. (AZ, CA, CO (western), ID, MT (western), NM (western), NV, OR, TX (western), UT, WA, WY (western)); Can- ada (British Co- lumbia (south- western); Mexico (Baja California, Baja California Sur, Chihuahua, Durango (west- ern), Sinaloa, So- nora).

*******

* * * * * Dated: September 24, 2014. Daniel M. Ashe, Director, U. S. Fish and Wildlife Service. [FR Doc. 2014–23640 Filed 10–2–14; 8:45 am] BILLING CODE 4310–55–P

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