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DEPARTMENT OF THE INTERIOR Leesburg Pike, Falls Church, VA 22041– yellow-billed cuckoo as a threatened 3803. species (79 FR 59992). A proposed Fish and Wildlife Service We request that you send comments critical habitat designation was only by the methods described above. published in the Federal Register on 50 CFR Part 17 We will post all comments on http:// August 15, 2014 (79 FR 48548). Based www.regulations.gov. This generally on information received from Federal, [Docket No. FWS–R8– ES–2013–0011; means that we will post any personal State, or local government agencies, 4500030114] information you provide us (see the Tribal entities, and the public, and our Information Requested section below for review of our previous proposed rule, RIN 1018–AZ44 more information). we have determined to revise our Endangered and Threatened Wildlife The coordinates or plot points or both previous proposal, and to propose, as and Plants; Revised Designation of from which the critical habitat maps are discussed herein, that approximately Critical Habitat for the Western Distinct generated will be included in the 493,665 acres (ac) (199,779 hectares Population Segment of the Yellow- decisional record materials for this (ha)) should be designated as critical Billed Cuckoo rulemaking and are available at http:// habitat for the western yellow-billed www.regulations.gov at Docket No. cuckoo. AGENCY: Fish and Wildlife Service, FWS–R8–ES–2013–0011, and at the The critical habitat areas we are Interior. Sacramento Fish and Wildlife Office at proposing to designate in this rule ACTION: Proposed rule. http://www.fws.gov/sacramento (see FOR constitute our current best assessment of FURTHER INFORMATION CONTACT). Any the areas that meet the definition of SUMMARY: We, the U.S. Fish and additional tools or supporting critical habitat for the western yellow- Wildlife Service (Service), revise the information that we may develop for billed cuckoo. Section 4(b)(2) allows the proposed critical habitat for the western this critical habitat designation will also Secretary to exclude areas if the benefits distinct population segment of the be available at the U.S. Fish and of exclusion outweigh the benefits of yellow-billed cuckoo (western yellow- Wildlife Service website and field office inclusion as critical habitat, unless, billed cuckoo) (Coccyzus americanus) set out above, and may also be included based on the best available scientific under the Endangered Species Act. In in the preamble of this rule or at http:// and commercial data available, that total, approximately 493,665 acres www.regulations.gov. exclusion would lead to extinction. In this revised proposed designation, we (199,779 hectares) are now being FOR FURTHER INFORMATION CONTACT: have identified a total of approximately proposed for designation as critical Jennifer Norris, Field Supervisor, U.S. 145,710 ac (58,968 ha) that we will habitat in Arizona, California, Colorado, Fish and Wildlife Service, Sacramento consider for exclusion from the final Idaho, New Mexico, Texas, and Utah. If Fish and Wildlife Office, 2800 Cottage designation (see Consideration of we finalize this rule as proposed, it Way, Room W–2605, Sacramento, Impacts Under Section 4(b)(2) of the would extend the Act’s protections to California 95825; or by telephone 916– this species’ critical habitat. Act). 414–6600. If you use a What this document does. This is a DATES: We will accept comments on the telecommunications device for the deaf revised proposed rule to designate revised proposed rule that are received (TDD), call the Federal Relay Service critical habitat for the western yellow- or postmarked on or before April 27, (FRS) at 800–877–8339. billed cuckoo. This revised proposed 2020. Comments submitted SUPPLEMENTARY INFORMATION: designation of critical habitat identifies electronically using the Federal areas that we propose to determine, ADDRESSES Executive Summary eRulemaking Portal (see based on the best scientific and below) must be received by 11:59 p.m. Scope of this rule. The information commercial information available, are Eastern Time on the closing date. We presented in this revised proposed rule essential to the conservation of the must receive requests for public pertains only to the western distinct species or otherwise essential for its hearings, in writing, at the address population segment of the yellow-billed conservation. The revised proposed shown in FOR FURTHER INFORMATION cuckoo (western yellow-billed cuckoo) critical habitat comprises 72 units and CONTACT by April 13, 2020. (DPS). Any reference to the ‘‘species’’ is located in the States of Arizona, ADDRESSES: You may submit comments within this document only applies to California, Colorado, Idaho, New on the revised proposed rule or draft the DPS and not to the yellow-billed Mexico, Texas, and Utah. economic analysis by one of the cuckoo as a whole unless specifically Draft economic analysis. In order to following methods: expressed. A complete description of consider economic impacts of (1) Electronically: Go to the Federal the DPS and area associated with the designating critical habitat for the eRulemaking Portal: http:// DPS is contained in the proposed and western yellow-billed cuckoo, we have www.regulations.gov. In the Search box, final listing rules for the western examined the economic information enter Docket No. FWS–R8–ES–2013– yellow-billed cuckoo published in the provided in the 2014 proposed rule (see 0011, which is the docket number for Federal Register (78 FR 61621; October Consideration of Economic Impacts, this rulemaking. Then, in the Search 3, 2013, and 79 FR 59992; October 3, below, for additional information) and panel on the left side of the screen, 2014). have revised that information based on under the Document Type heading, Why we need to publish a rule. Under a revised economic analysis for this click on the Proposed Rules link to the Endangered Species Act, any species revised proposed critical habitat locate this document. You may submit that is determined to be an endangered designation. We are soliciting a comment by clicking on ‘‘Comment or threatened species requires critical information on the economic impact of Now!’’ habitat to be designated, to the the revised proposed designation and (2) By hard copy: Submit by U.S. mail maximum extent prudent and will continue to reevaluate the potential or hand-delivery to: Public Comments determinable. Designations and economic impacts between our Processing, Attn: FWS–R8–ES–2013– revisions of critical habitat can only be proposed and final designation. The 0011; U.S. Fish and Wildlife Service completed by issuing a rule. On October supporting information we used in Headquarters, MS: JAO 1/N, 5275 3, 2014, we finalized listing the western determining the economic impacts of

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the revised proposed critical habitat is American tribes, the scientific and have been conserved to help summarized in this rule (see community, industry, or any other preserve open space, recreation Consideration of Economic Impacts) and interested parties concerning this opportunities, and wildlife habitat is available at http:// revised proposed rule. Comments through a partnership involving the www.regulations.gov at Docket No. previously submitted need not be BLM, The Conservation Fund, The FWS–R8–ES–2013–0011 and at the resubmitted. We will consider all Teton Regional Land Trust, and The Sacramento Fish and Wildlife Office at comments received since the August 15, Nature Conservancy (TNC). We are http://www.fws.gov/sacramento (see FOR 2014, proposed designation (79 FR looking for additional information, such FURTHER INFORMATION CONTACT). 48548) and respond to those comments as management plans or specific Peer review. In accordance with our as appropriate in the final designation of agreements, regarding these peer review policy published on July 1, critical habitat for the western yellow- conservation properties that describe 1994 (59 FR 34270), we solicited expert billed cuckoo. For this revised proposed the commitment and assurances of opinions from appropriate and designation, we particularly seek protection of the physical or biological independent knowledgeable individuals comments concerning: features for the western yellow-billed on the August 15, 2014, proposed (1) The western yellow-billed cuckoo to help us evaluate these areas critical habitat rule (79 FR 48548). We cuckoo’s biology and range; habitat for potential exclusion from final received responses from four requirements for feeding, breeding, and critical habitat designation under individuals with scientific expertise that sheltering; and the locations of any section 4(b)(2) of the Act. We are also included familiarity with the species, additional populations. looking for information regarding the geographic region in which the (2) Specific information on: private land(s) in Unit 65 (ID–1) where species occurs, and conservation (a) The amount and distribution of landowners may be pursuing a biology principles. We reviewed the western yellow-billed cuckoo habitat; conservation easement or fee title comments received from these four peer (b) Information on the physical or purchase in the future and have reviewers for substantive issues and biological features essential for demonstrated a history of managing new information regarding critical conservation of the western yellow- these lands for the conservation benefit habitat for the western yellow-billed billed cuckoo; of western yellow-billed cuckoo habitat. cuckoo. All of the peer reviewers (c) What areas were occupied at the (5) Whether we should exclude State- generally concurred with our methods time of listing that contained those managed lands or lands with and conclusions and provided features and should be included in the conservation easements from the additional information, clarifications, critical habitat designation and why; designation (see Consideration of and suggestions to improve the final (d) Special management Exclusion of State Lands and Lands critical habitat rule. We have considerations or protection that may be with Conservation Easements). incorporated some of the suggestions needed in areas we are proposing as (6) Whether areas proposed to be made by the peer reviewers into this critical habitat, including managing for designated as revised critical habitat revised proposed designation. The peer the potential effects of climate change; along the United States/Mexico border reviewer comments are available at (e) What areas not occupied at the in California, Arizona, New Mexico, and http://www.regulations.gov at Docket time of listing are essential for the Texas should be excluded for national No. FWS–R8– ES–2013–0011. We will conservation of the western yellow- security and border security missions. solicit additional peer review of this billed cuckoo and should be included as (7) Information on land ownership revised proposed rule and respond to critical habitat and why; and and land use designations and current the peer review comments in the final (f) Whether the description and or planned activities in the subject rule as appropriate. categorization of the habitat use by the areas, and their possible impacts on the Public comment. We are seeking western yellow-billed cuckoo and its revised proposed critical habitat. comments and soliciting information physical or biological features are clear (8) Information on the projected and from the public on our revised proposed and understandable. reasonably likely impacts of climate designation to make sure we consider (3) Whether any specific areas we are change on the western yellow-billed the best available scientific and proposing for critical habitat cuckoo and revised proposed critical commercial information in developing designation should be considered for habitat. our final designation. Because we will exclusion under section 4(b)(2) of the (9) Any probable economic, national consider all comments and information Act, and whether the benefits of security, or other relevant impacts of we receive during the comment period, potentially excluding them outweigh designating as critical habitat any our final determination may differ from the benefits of including them, pursuant particular area that may be included in this revised proposal. We will respond to section 4(b)(2) of the Act. Please see the final designation and the benefits of to and address comments received in the Service’s policy regarding including or excluding areas where our final rule. Any comments implementation of section 4(b)(2) of the these impacts occur, including, previously submitted need not be Act published in the Federal Register (a) any incremental economic costs resubmitted, as they will be fully on February 11, 2016 (81 FR 7226). incurred to nonfederal entities for water considered in preparation of the final (4) We have received information withdrawals, such as State agencies or rule. regarding existing conservation local municipalities as a result of the easements or fee title purchase of designation of critical habitat, and Information Requested private properties (conservation (b) whether the Service should We intend that any final action properties) within proposed critical exclude lands that are part of Federal resulting from this revised proposed habitat Units 65 and 67 (ID–1 Snake Water Resource Projects such as flood rule will be based on the best scientific River and ID–3 Henry’s Fork). These control basins, reservoirs, and channels and commercial data available and be as conservation properties are within the that have been authorized by Congress accurate and as effective as possible. Bureau of Land Management’s (BLM) to be constructed, operated and Therefore, we request comments or Snake River Area of Critical maintained for specific purposes such information from other concerned Environmental Concern (ACEC) and as flood risk reduction, navigation, governmental agencies, Native Special Recreation Management Area, hydropower from the designation where

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such designation could conflict with the Background large area is challenging. Because of this authorized project purposes. The western yellow-billed cuckoo is a reason and requirements to use certain (10) Suggestions of how the Service migratory bird species, traveling land ownership information under can use programmatic section 7 between its wintering grounds in Service policy and to be as consistent as consultations for the western yellow- Central and South America and its possible in mapping across the range of billed cuckoo to streamline the breeding grounds in North America the species, our mapping and land regulatory process. (Continental U.S. and Mexico) each ownership efforts relied on using a (11) Whether we could improve or spring and fall often using river single land ownership ArcGIS source modify our approach to designating corridors as travel routes. Habitat file to identify land ownership (Federal, critical habitat in any way to provide for conditions through most of the western State, Tribal, local, private) where it was greater public participation and yellow-billed cuckoo’s range is often available. In areas where this single understanding, or to better dynamic and may change location layer was not available (i.e., Texas), or accommodate public concerns and within or between years depending on more specific information was provided comments. vegetation growth, tree regeneration, by the landowner, we used other (Federal, State, County, Tribal, private) Please include sufficient plant maturity, stream dynamics, and sediment movement and deposition. land ownership information or the more documentation with your submission specific land ownership information (such as scientific journal articles or The species’ major food resources (insects) are also similarly variable in provided by the landowner. We have other publications) to allow us to verify attempted to correct any land ownership any scientific or commercial abundance and distribution. As a result, the western yellow-billed cuckoo’s use identified during public comment from information you present. the previous proposed designation. You may submit your comments and of an area is tied to the area’s habitat condition and food resources, which However, we expect that not all land materials concerning this revised ownership may be correctly identified, proposed rule by one of the methods can be variable between and within years. This variability in resources may and we will continue to make changes listed in ADDRESSES. We request that and incorporate those land ownership you send comments only by the cause the western yellow-billed cuckoo to move between areas in its wintering changes in the final designation. methods described in ADDRESSES. or breeding grounds to take advantage of Critical Habitat We will post your entire comment— habitat conditions and food availability. including your personal identifying For a thorough discussion of the Background information—on http:// western yellow-billed cuckoo’s biology For additional background www.regulations.gov. You may request and natural history, including limiting information on western yellow-billed at the top of your document that we factors and species resource needs, cuckoo critical habitat under section 3 withhold personal information such as please refer to the proposed and final and section 4 of the Act, see the your street address, phone number, or rules to list this species as threatened Background section in the August 15, email address from public review; published previously in the Federal 2014, proposed critical habitat rule (79 however, we cannot guarantee that we Register on October 3, 2013 (78 FR FR 48549–48550). will be able to do so. 61621) and October 3, 2014 (79 FR Our regulations at 50 CFR 424.12(b) Comments and materials we receive, 59992) (available at http:// outline the steps the Secretary must take as well as supporting documentation we www.regulations.gov at Docket No. in determining areas to be designated as used in preparing this revised proposed FWS–R8–ES–2013–0104), and the critical habitat. In summary, these steps rule, will be available for public proposed critical habitat rule, which are to identify the geographical area inspection on http:// published August 15, 2014 (79 FR occupied by the species at the time of www.regulations.gov, or by 48548) (available at http:// listing, identify the physical and appointment, during normal business www.regulations.gov at Docket No. biological features essential to the hours, at the U.S. Fish and Wildlife FWS–R8–ES–2013–0011). It is our conservation of the species, determine Service, Sacramento Fish and Wildlife intent to discuss below only those the specific areas within the Office (see FOR FURTHER INFORMATION topics directly relevant to the revised geographical area occupied by the CONTACT). proposed designation of critical habitat species that contain the physical or Previous Federal Actions for the western yellow-billed cuckoo. biological features, and then determine Some changes made to the 2014 which of these features within those On August 15, 2014, we proposed proposed designation were as a result of identified areas may require special critical habitat for the western yellow- comments received from peer reviewers, management considerations or billed cuckoo (79 FR 48548). We Federal agencies, State agencies, Tribal protections. The geographical area reopened the public comment period on entities, the public, or our review of the occupied by the species at the time of November 12, 2014 (79 FR 67154), and previous proposed designation. We have listing is defined at 50 CFR 424.02 as an provided notice of the public hearing incorporated some of the suggested area that may generally be delineated held in Sacramento, California, on changes where appropriate for this around species’ occurrences, as December 2, 2014 (79 FR 71373). All proposed revision. determined by the Secretary (i.e., range). other previous Federal actions are Such areas may include those areas described in the proposed and final Ownership Mapping Considerations used throughout all or part of the rules to list the western yellow-billed The revised proposed designation of species’ life cycle, even if not used on cuckoo as a threatened species under critical habitat for the western yellow- a regular basis (e.g., migratory corridors, the Act published previously in the billed cuckoo encompasses a wide seasonal habitats, and habitats used Federal Register on October 3, 2013 (78 geographic area and extends across periodically, but not solely by vagrant FR 61621), and October 3, 2014 (79 FR seven western States (AZ, CA, CO, ID, individuals). If designating the occupied 59992). Please see those documents for NM, TX, and UT). Obtaining current up- areas that meet the definition of critical actions leading to this revised proposed to-date and consistent mapping and habitat would be inadequate to ensure designation of critical habitat. land ownership information for such a the conservation of the species, the

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Secretary may designate as critical populations across the range of the and degradation, altered hydrology, habitat unoccupied areas that meet the species allowing for the ability of a livestock grazing, nonnative vegetation, definition of critical habitat at 16 U.S.C. species to withstand catastrophic human disturbance, and the effects of 1532(5)(A)(ii). events) throughout the range of the DPS climate change. Providing for a variety for the conservation of the species. All of habitat (i.e., representation) primarily Occupancy Determination areas proposed as western yellow-billed where the U.S. core breeding population The geographical area occupied at the cuckoo critical habitat are within the occurs in Arizona and New Mexico time of listing by the western yellow- geographical area occupied by the DPS (redundancy) may provide for billed cuckoo DPS extends from at the time of listing (2014) and contain amelioration against these threats and southern British Columbia, Canada, to the features essential to the conservation provide for the conservation of the southern Sinaloa, Mexico, and may of the species. However, due to species. occur from sea level to over 7,000 feet increased survey efforts since listing, we Therefore, given the threatened status (ft) (2,154 meters (m)) in elevation. Due did receive some additional post-listing and the relatively small number of to the reclusive nature of the species, occupancy information for the species. extant western yellow-billed cuckoo the remoteness of some areas it We used this post-listing survey breeding locations within the DPS and occupies, difficulty in conducting information to confirm frequency and the need to protect the species’ habitat surveys, and inconsistent survey continued occupation of certain areas, variability and distribution, a critical methodology, the majority of the but not to identify new areas outside the habitat designation limited to areas species’ range has not been surveyed on geographical area occupied by the confirmed to be occupied by breeding a regular basis or have comparable species. Based on habitat at the sites and birds through specific surveys at the survey data to give an absolute occupancy of the species near these time of listing would be inadequate to determination of population sites, we propose to determine provide for the conservation of the demographics, distribution, and occupancy of these sites to be same as species. Accordingly, we propose to occupancy. However, despite these at the time of listing and not new determine that the areas alternatively survey challenges, some key areas occupancy since the time of listing due meet the definition of critical habitat throughout the DPS where the species is to our knowledge of habitat conditions under section 3(5)(A)(ii) of the Act, known to occur and breed more and occupancy information in meaning that we consider these areas to regularly, such as on the Sacramento, surrounding areas. be essential for the conservation of the Kern, Verde, Colorado, San Juan, Salt, Although we believe that the available species, as they represent the various Snake, San Pedro, Gila, and Rio Grande evidence is sufficient for us to conclude ecological (representation) and Rivers, and several other smaller areas that the units were occupied by the distributional aspects (redundancy) and have been surveyed more consistently western yellow-billed cuckoo at the provide for connectivity and dispersal and give some indication of persistence time the species was listed, for the areas for the species when not used for and site fidelity. The majority of these purposes of this rulemaking, we also breeding. sites are located in California and propose to determine that the revised Habitat Outside the United States Arizona. The last statewide surveys proposed designation alternatively (encompassing a large proportion of the meets the definition of critical habitat in Within the identified geographical major rivers and tributaries) for section 3(5)(A)(ii) of the Act in that the area occupied at the time of listing (see California and Arizona were conducted identified areas are also essential for the Figure 2 in the final listing rule (79 FR between 1998 and 2000 (Arizona (1998 conservation of the species. Our 59999, October 3, 2014), the habitat to 1999), and California (1999 to 2000)). rationale for this proposed areas used by the species are located Therefore, we based our analysis of determination is outlined below. from southern British Columbia, occupancy on detection records starting The western yellow-billed cuckoo is Canada, to southern Sinaloa, Mexico. in 1998 and ending in 2014, when we migratory, difficult to observe, and Because we do not designate as critical listed the DPS as a threatened species. elusive in behavior, and chooses nesting habitat areas outside the United States Although prior survey efforts and areas based on habitat conditions and (50 CFR 424.12(g)), we did not examine records of western yellow-billed cuckoo localized and variable prey outbreaks. In areas in Canada and Mexico; however, have been conducted outside California addition, western yellow-billed cuckoo conservation of habitat that meets the and Arizona, these efforts have been breeding habitat is typically dynamic. conditions described in this designation more localized or not consistent. The For example, some breeding habitat that in Canada and especially in Mexico may 1998–2014 timeframe was chosen is not suitable one year may become be important to recovery of the species. because it includes the last statewide suitable the next due to increased Similarly, we did not examine habitat western yellow-billed cuckoo surveys in rainfall or flooding events. Other areas areas on the wintering grounds in South areas where the majority of individuals currently suitable and occupied may America and the intervening areas in within the DPS occur and represents the become degraded due to age or other Central America or the Caribbean that best available information on long-term environmental condition (e.g., water are used as stop-over sites during occupancy. availability, lack of food resource). migration, yet these areas may also be Therefore, in our proposed important for recovery of the species. Specific Areas Outside the Geographical determination of the extent of critical Area Occupied by the DPS habitat, we took into account this need Prudency Determination We are not currently proposing to to accommodate the dynamic nature of Section 4(a)(3) of the Act, as designate any areas outside the existing habitat. Further, the species amended, and its implementing geographical area occupied by the needs habitat areas that are arranged regulations (50 CFR 424.12), require species at the time of listing because the spatially to maintain connectivity and that, to the maximum extent prudent occupied areas identified for allow dispersal within and between and determinable, the Secretary shall designation provide sufficient units that provide for redundancy. designate critical habitat at the time the representation of habitat (i.e., ecological All of the areas that support the species is determined to be an diversity) and redundancy (i.e., the western yellow-billed cuckoo face endangered or threatened species. The duplication and distribution of resilient threats including habitat fragmentation regulations at 50 CFR 424.12(a)(1) state

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that the Secretary may, but is not known to identify any area that meets species and their habitats, such as those required to, determine that a the definition of ‘‘critical habitat.’’ described by Carroll et al. (1996, pp. 1– designation would not be prudent in the When critical habitat is not 12); Meffe and Carroll (1997, pp. 347– following circumstances: (1) The species determinable, the Act allows the Service 383); Shaffer and Stein (2000, pp. 301– is threatened by taking or other human an additional year to publish a critical 321); Natural Resources Conservation activity and identification of critical habitat designation (16 U.S.C. Service (NRCS) 2004 (entire); Tear et al. habitat can be expected to increase the 1533(b)(6)(C)(ii)). We reviewed the (2005, pp. 835–849) and Wolf et al. degree of such threat to the species; (ii) available information pertaining to the (2015, pp. 200–207); and more general The present or threatened destruction, biological needs of the species and riparian and avian conservation modification, or curtailment of a habitat characteristics where this management prescriptions such as those species’ habitat or range is not a threat species is located. We conclude that this described in Service 1985; Gardner et al. to the species, or threats to the species’ information is sufficient for us to 1999; Wyoming Partners in Flight 2002; habitat stem solely from causes that conduct both the biological and Rich et al. 2004; Riparian Habitat Joint cannot be addressed through economic analyses required for the Venture (RHJV) 2004; Shuford and management actions resulting from critical habitat determination; that this Gardali 2008; and Griggs 2009. consultations under section 7(a)(2) of and other information represent the best Conservation Strategy the Act; (iii) Areas within the scientific data available; and that the jurisdiction of the United States provide designation of critical habitat is now In developing our conservation no more than negligible conservation determinable for the western yellow- strategy for determining what areas to value, if any, for a species occurring billed cuckoo. include as critical habitat for the primarily outside the jurisdiction of the western yellow-billed cuckoo, we Conservation Strategy and Selection United States; (iv) No areas meet the focused on the western yellow-billed Criteria Used To Identify Critical definition of critical habitat; or (v) The cuckoo’s breeding habitat. Breeding Habitat Secretary otherwise determines that habitat includes areas for nesting and designation of critical habitat would not As required by section 4(b)(2) of the foraging and also provides for dispersal be prudent based on the best scientific Act, we use the best scientific data habitat when breeding or food resources data available. available to designate critical habitat. In may not be optimal. Breeding habitat is There is currently no imminent threat accordance with the Act and our widely spread across the species’ range of take attributed to collection or implementing regulations at 50 CFR and typically provides the physical and vandalism identified under Factor B for 424.12(b), we review available biological features essential to the this species, and identification and information pertaining to the habitat conservation of the species without mapping of critical habitat is not requirements of the species and identify which range-wide resiliency, expected to initiate any such threat. In specific areas to consider for redundancy, and representation of the our listing determination for the western designation as critical habitat. We look species could not be achieved. As yellow-billed cuckoo, we determined for areas that meet those habitat explained further below, this focus led that the present or threatened requirements (i.e., contain the physical to the inclusion of breeding habitat destruction, modification, or and biological features essential for the within three general habitat settings as curtailment of habitat or range is a conservation of the species) within the part of the conservation strategy. The threat to the western yellow-billed geographical area occupied by the three general settings include: (1) Large cuckoo and that those threats in some species at the time of listing and for any river systems (mainstem rivers and their way can be addressed by section 7(a)(2) areas outside the geographical area tributaries) in the southern and central consultation measures. The breeding occupied by the species that are portions of New Mexico, Arizona, and range of the species occurs largely in the essential for the conservation of the along the California border with Arizona jurisdiction of the United States, and we species. (generally referred to as the Southwest); are able to identify areas that meet the To determine and select appropriate (2) locations within southern Arizona definition of critical habitat. Therefore, occupied areas that contain the physical not associated with major river systems because none of the circumstances or biological features essential to the or their tributaries; and (3) large river enumerated in our regulations at 50 CFR conservation of the species or areas systems outside the Southwest (as 424.12(a)(1) has been met and because otherwise essential for the conservation identified in (1) above) that occur in there are no other circumstances the of the western yellow-billed cuckoo, we different ecological settings that are Secretary has identified for which this developed a conservation strategy for being consistently used as breeding designation of critical habitat would be the species. The goal of our areas by western yellow-billed cuckoo not prudent, we have determined that conservation strategy for the western (such as areas in parts of California, the designation of critical habitat is yellow-billed cuckoo is to recover the Utah, Idaho, or Colorado). prudent for the western yellow-billed species to the point where the As discussed above, the western cuckoo. protections of the Act are no longer yellow-billed cuckoo is a migratory necessary. The role of critical habitat in species that travels long distances to Critical Habitat Determinability achieving this conservation goal is to take advantage of localized food Having determined that designation is identify the specific areas within the resource outbreaks or habitat prudent under section 4(a)(3) of the Act, western yellow-billed cuckoo’s range availability. Maintaining breeding areas we must find whether critical habitat for that provide essential physical and (which includes nesting habitat, the western yellow-billed cuckoo is biological features, without which areas foraging habitat, and dispersal habitat) determinable. Our regulations at 50 CFR range-wide resiliency, redundancy, and throughout the range of the western 424.12(a)(2) state that critical habitat is representation could not be achieved. yellow-billed cuckoo allows for within- not determinable when one or both of This, in turn, requires an understanding year and year-to-year movements to take the following situations exist: (i) Data of the fundamental parameters of the advantage of any spatial and temporal sufficient to perform required analyses species’ biology and ecology based on changes in habitat resources and food are lacking, or (ii) The biological needs well-accepted conservation-biology and abundance. We consider this necessary of the species are not sufficiently well ecological principles for conserving to conserve the species because of the

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dynamic nature of habitat used by the their tributaries) in the southern and conservation of the western yellow- species. Identifying habitat across the central portions of New Mexico, billed cuckoo across its range. species’ range: (a) Helps maintain a Arizona, and along the California border Finally, while large riverine riparian robust, well-distributed population and with Arizona to be core areas for systems in the core area of the American enhances survival and productivity of conservation of the western yellow- southwest are fundamentally important the western yellow-billed cuckoo as a billed cuckoo, and they constitute the for their ability to contribute to the whole; (b) facilitates interchange of first part of our conservation strategy in resiliency of the western yellow-billed individuals between units; and (c) determining its critical habitat. The core cuckoo due to the abundance of birds in promotes recolonization of any sites mainstem rivers and streams along with these areas, similar systems throughout within the current range of the species their major tributaries and adjacent the western yellow-billed cuckoo range that may experience declines or local habitats contain the physical or are also likely important contributors to extirpations due to low productivity or biological features essential for the local resiliency and maintaining temporary habitat loss or changes in conservation of the western yellow- distribution of the western yellow-billed cuckoo across its range. These large resource availability; and allows for use billed cuckoo. of areas not being used as breeding as river systems outside the southwest that habitat for movement and dispersal. However, these managed large river are being consistently used as breeding The western yellow-billed cuckoo systems may not provide sufficient areas by western yellow-billed cuckoo breeding coincides with moist and breeding habitat for the western yellow- have been identified as the third part of humid conditions that support billed cuckoo in all years (for example, our conservation strategy for abundant prey resources occurring in in low flow years the amount of determining critical habitat. These areas the temperate zones of the western breeding habitat along rivers is are located in habitats identified as United States and northern Mexico diminished), and unregulated smaller being within different ecological during the late spring and summer. tributaries supported or influenced by settings, eco-types, or physio-geographic Breeding areas of the western yellow- monsoonal weather patterns may assist provinces and provide for additional billed cuckoo occur primarily in in supporting breeding western yellow- redundancy and representation for the riparian woodlands along perennial billed cuckoos during low flow or western yellow-billed cuckoo across its rivers or intermittent or ephemeral drought conditions. Thus, the second breeding range. The physical and drainages containing vegetative part of our conservation strategy biological features of large river systems structure, canopy cover, and appropriate includes areas within southern Arizona in differing habitats with sufficient environmental conditions. These areas not associated with major river systems resources for western yellow-billed provide suitable nesting habitat and or their tributaries as identified above. cuckoo foraging and successful breeding adjacent foraging habitat with adequate In southern Arizona, western yellow- are likely important for contributing to food resources on a consistent basis to billed cuckoo also use drier habitats for the western yellow-billed cuckoo’s successfully produce and fledge young. breeding sites in the desert, foothill, and overall resiliency, redundancy, and In general, the north-south migratory mountain ephemeral drainages of representation, and are therefore pathway of the western yellow-billed southern Arizona and northwestern essential for conservation of the western cuckoo funnels through northern Mexico (including but not limited to yellow-billed cuckoo across its range. Mexico into the American southwest, desert grasslands and scrub, and Habitats and environmental settings in with a significant portion of returning Madrean evergreen woodlands). These the arid Southwest differ significantly birds establishing breeding territories areas receive moisture from the seasonal from those in central California or along large river systems (mainstem North American Monsoon weather higher elevation areas of Utah, Idaho, or rivers and their tributaries) in the systems and other summer tropical Colorado. By identifying known southern and central portions of New storm events. During the breeding breeding habitat of appropriate size Mexico, Arizona, and along the throughout the species’ range, we season, these habitats experience a California border with Arizona. A large provide habitat where yellow-billed ‘‘flush’’ of vegetation and concurrent proportion of breeding western yellow- cuckoos are most likely to persist and insect population eruptions. A portion billed cuckoos also occur in large river potentially increase in numbers. systems in northwestern Mexico, of the DPS uses these wet-seasonal or primarily in Sonora and Sinaloa, with monsoonal habitats in southern Arizona Selection Criteria and Methodology smaller numbers in Chihuahua and and Mexico for breeding habitat. Use of Used To Determine Critical Habitat Western Durango, and the tip of Baja these types of sites by the western As discussed above, to assist in California. While returning western yellow-billed cuckoo provides determining which areas to identify as yellow-billed cuckoos also establish additional resiliency to the species due critical habitat for the western yellow- breeding territories throughout portions to the different weather patterns and billed cuckoo, we focused our selection of the western States north of Arizona hydrological regimes that produce the on areas known to have breeding or and New Mexico, these large habitat conditions suitable for breeding. suspected breeding. To do this, we southwestern and Mexican river The availability of these additional selected those areas that are occupied systems (including but not limited to resilient sites in southern Arizona and on a continuous or nearly continuous the Lower Colorado, Salt, Virgin, San northwestern Mexico other than the basis each year during the breeding Pedro, Gila, Verde, and Rio Grande large southwestern and Mexican river season. These areas were selected Rivers) serve as core breeding habitats systems described above increases the because they contain the physical and for the western yellow-billed cuckoo as overall redundancy for the species. biological features essential to the it returns from wintering grounds in Therefore, the southwestern monsoon- conservation of the species necessary for South America. These core areas driven drainages with sufficient western yellow-billed cuckoos to together provide a consistent, robust resources for western yellow-billed produce offspring, have ample foraging supply of resources necessary for the cuckoo foraging and successful breeding habitat, vegetative structure, maintenance and expansion of western are essential for the overall resiliency environmental conditions, and prey. By yellow-billed cuckoos. We consider the and redundancy of the DPS, and is selecting breeding areas as critical large river systems (mainstem rivers and therefore essential to allow for habitat across the western yellow-billed

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cuckoo’s range, we will assist in areas that are considered core areas and more is reached. This distance was used conserving the ability of the species to contribute significantly to the overall because the western yellow-billed continue to occupy these areas. population by producing a relatively cuckoo rarely traverses distances across Moreover, the breeding habitat is most large numbers of birds. These small breaks in the vegetation greater than likely to be essential to the conservation isolated areas are not considered part of 0.25 mi (0.62 km) in their daily foraging of the species because of the importance our conservation strategy. Although activities (Laymon 1980, pp. 6–8; of breeding for survival and recovery of these areas may be important and assist Hughes 2015, p. 12). Upland habitat the species. in recovery of the species, we propose surrounding river, stream, or drainages We considered an area to be a to determine that small, isolated sites was also included within the breeding area if it was occupied by the with sufficient habitat for only one or designation because the area is used for western yellow-billed cuckoo in one of two pairs of western yellow-billed foraging. In some instances, we the following two ways: cuckoos would not contribute included breaks in habitat to combine • If western yellow-billed cuckoos significantly and are not essential to the one or more areas if we determined that: were present in the area on one or more conservation of the DPS and therefore (1) The gap in vegetation was within days between June 1 and September 30 not being considered as critical habitat. minor variances of this distance; (2) the (considered to be the primary breeding As described above, to delineate the habitat on the other side of the gap was period) in at least two years between proposed units of critical habitat, we a continuation of similar or better 1998 and 2014; and first looked to those areas being used as suitable habitat and included breeding • If western yellow-billed cuckoo breeding areas. We defined what we occupancy as identified above; or (3) the were confirmed to be a pair and nesting considered breeding areas as those areas gap in vegetation was determined to be (or there was evidence of nesting that contained seasonal occurrences of a consequence of natural stream behavior) was observed in at least one the western yellow-billed cuckoo dynamics essential to the continuing year between 1998 and 2014, regardless between 1998 and 2014, at the function of the hydrologic processes of of the time of year. Thus, if the mated timeframe in which breeding typically the occupied areas. By providing breaks pair or evidence of nesting behavior was occurs for the species in the United in habitat and combining areas, we discovered prior to June 1, the area was States (June–September). In limited allow for regeneration of vegetation in considered to be a breeding area. instances, this timeframe was expanded these areas, which is often more In addition to these fundamental into May if the information available productive and provides additional food criteria established for breeding areas confirmed breeding activity during this resources for the species and allows for across the DPS range, we identified earlier timeframe. These breeding appropriate habitat conditions for use exceptions to the criteria for areas in the occurrences (location points where when dispersing to other breeding Southwest (Arizona and New Mexico). breeding or breeding activity was locations. This was to take into account the greater confirmed) were then plotted on maps Delineating the boundary of critical contribution of the breeding areas for along with information on vegetation habitat was accomplished by evaluating the DPS within the Southwest and cover, topography, and aerial imagery. aerial imagery, occurrence records, and because of the migratory nature of the We then delineated habitat around that vegetation information, until a break in species moving up from Mexico through location, as well as riparian habitat the vegetation of 0.25 mi (0.62 km) or the Southwest, either to or from other upstream and downstream from the more was reached, at which point the breeding areas. The exceptions to the occurrence location. upstream or downstream and lateral criteria include: We used reports prepared by the U.S. extent of the area was reached. In • Areas in the Southwest were not Geological Survey (USGS), U.S. Forest California, western yellow-billed considered to be breeding areas if the Service (USFS), National Park Service cuckoos forage mainly within the area contains only two western yellow- (NPS), Bureau of Land Management riparian woodland habitat or directly billed cuckoo records from different (BLM), Bureau of Reclamation adjacent uplands when breeding years, one of which was in September, (Reclamation), the Salt River Project, (Laymon 1980, pp. 6–8; Hughes 2015, p. and no pairs were detected. (Although State wildlife agencies, State natural 12). In New Mexico, similar foraging western yellow-billed cuckoos are still diversity data bases, Cornell Lab of activity has been observed (Sechrist et breeding in September in Arizona, a Ornithology (eBird data), researchers, al. 2009, pp. 24–50). The foraging September detection may or may not nongovernment organizations, activity in Madrean evergreen woodland signify breeding.); and universities, and consultants, as well as habitat (in Arizona and New Mexico) • Areas in the Southwest were not available information in our files, to where breeding activity has also been considered to be breeding areas if determine the location of areas used for observed has not been studied. western yellow-billed cuckoos breeding within the geographical area However, based on foraging behavior in previously detected during protocol occupied by the western yellow-billed other habitats in the west, we expect the surveys were absent in all subsequent cuckoo at the time of listing. As stated foraging distance to remain relatively visits during the same breeding season. above, since 2014, we have become close to the nesting habitat. For Another aspect of our strategy was to aware of additional areas occupied by determining the upland extent of habitat avoid selection of small and isolated the species with evidence of breeding. within southwestern breeding habitat, riparian areas in the designation. We still consider these areas to have we delineated woodland habitat in the Because of having limited resources, been occupied by the species at the time drainage bottom and adjacent hillside. these small sites are not always of listing, based on habitat conditions In addition, riparian corridors along occupied and typically support one to and occupancy of nearby areas. streams, especially in highly developed two breeding pairs but not every year. When delineating the critical habitat areas, can in some instances be very In addition, small and isolated areas are boundary, we included the surrounding narrow, highly degraded, and be more susceptible to stochastic or contiguous suitable habitat (including characterized as a patchwork of catastrophic events such as flooding along the stream course and in uplands vegetated and nonvegetated areas. from major storms, prolonged drought, for foraging) upstream and downstream Whether these habitat areas were or wildfire. One of the goals of the until a break in the vegetation of 0.25 included or combined into a single conservation strategy is to include those miles (mi) (0.62 kilometers (km)) or larger unit depended on the extent of

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use of the areas by western yellow- may extend into upland areas (areas Sechrist et al. 2012; Greco 2013; IPCC billed cuckoo, the relative amount of dominated by mesquite and oak) with 2013a; Johnson et al. 2013c; McNeil et habitat gained if the multiple patches higher gradient. Selection of these areas al. 2013b; Pederson et al. 2013; Rohwer were included or combined, the depended upon the amount of use of the and Wood 2013; Scribano 2013; Sechrist relationship of the area to the overall area by the species and its relative et al. 2013; Stromberg et al. 2013; designation, and the ease or complexity proximity to other selected areas. As a Wallace et al. 2013; WestLand of removing all nonhabitat from the result, these habitat sites were selected Resources 2013a, b, c; American Birding designation. In addition, by combining on a case-by-case basis to provide for Association 2014,; Ault et al. 2014; these areas, they then better meet an the variability of habitat use by the Garfin et al. 2014; IPCC 2014; Melillo et appropriate scale of analysis, given the species in these areas. al. 2014; Orr et al. 2014; Stanek 2014; data as is described in our regulations We have not included critical habitat Villarreal et al. 2014; Dettling et al. for determining critical habitat (50 CFR units within Oregon or Washington 2015; Griffen 2015; Hughes 2015; 424.12(b)(1)). For example, if a break in because the species has been extirpated MacFarland and Horst 2015, 2017; Van habitat occurred between an area with as a breeder from those States since at Dooremolen 2015; WestLand Resources high occupancy with sufficient habitat least the 1940s (Littlefield 1988, p. 2; 2015 a,b,c,d,e; Arizona Game and Fish and an area with low occupancy, the Washington Department of Fish and Department 2016–2018; Cornell Lab of adjacent area may not have been Wildlife 2013, pp. 200–201), and recent Ornithology 2016–2018; Corson 2018; included. Alternatively, if two smaller observations of the species, although RiversEdge West 2007–2018; and Sferra areas with relatively low occupancy promising, have not coincided for the et al. 2019. For additional information, were adjacent to each other, those areas most part with suitable breeding habitat see References Cited, below. most likely would have been combined and appear to be dispersing but not The amount and distribution of to form a single, larger, more breeding birds. We also did not include critical habitat that we are proposing manageable area. occupied areas within Montana, will give the western yellow-billed Nevada, and Wyoming. The reasons for cuckoo the opportunity to potentially: To distinguish between the western not including critical habitat in these (1) Maintain its existing distribution; (2) yellow-billed cuckoo more typical States is that we believe that sufficient move between areas depending on food, breeding habitat in riparian areas areas already have been identified resource, and habitat availability; (3) throughout the range from breeding within this revised proposed increase the size of the population to a habitat recently found in more arid designation and these areas do not meet level where it can withstand potentially areas of the Southwest, we use the terms our conservation strategy for designating negative genetic or demographic ‘‘rangewide breeding habitat’’ and critical habitat. The conservation impacts; and (4) maintain its ability to ‘‘southwestern breeding habitat,’’ strategy focuses on areas with confirmed withstand local- or unit-level respectively (see Space for Individual breeding. No confirmed breeding has environmental fluctuations or and Population Growth and for Normal been identified in Montana or catastrophes. Behavior below). In rangewide breeding Wyoming. In Nevada, the only known When determining the revised habitat, we generally selected low- areas where the western yellow-billed proposed critical habitat boundaries, we gradient streams containing the physical cuckoo has confirmed breeding is in the made every effort to avoid including and biological features that were greater southern part of the State near the developed areas, such as lands covered than 200 ac (81 ha)) in size. Areas borders of California and Arizona. These by buildings, pavement, and other smaller than 200 ac (81 ha) tend to be habitats are essentially the same as structures, because such lands lack isolated and may contain sufficient those identified in the southwest in physical or biological features for the habitat for only one or two pairs of Arizona and New Mexico, but do not western yellow-billed cuckoo. The scale western yellow-billed cuckoos and tend significantly contribute to population of the maps we prepared under the to be occupied sporadically. In numbers for the western yellow-billed parameters for publication within the considering the extent of each area, in cuckoo. Should we receive information Code of Federal Regulations may not some cases we included the entire during the public comment period that reflect the exclusion of such developed streambed as well as the presently supports designating as critical habitat lands. Any such lands inadvertently left vegetated areas. Streams, especially areas not included in the revised inside critical habitat boundaries shown those with intermittent flows, migrate proposed units (see Revised Proposed on the maps of this revised proposed within the streambed depending on Critical Habitat Designation, below), we rule have been excluded by text in the flows and other natural fluvial will reevaluate our current revised proposed rule and are not proposed for processes. The vegetated areas within proposal. designation as critical habitat. the streambed may also move to Sources of data reviewed or cited for Therefore, if the critical habitat is coincide with the stream movement. As this species in the development of finalized as proposed, a Federal action a result, the whole area may not be critical habitat include peer-reviewed involving these nonhabitat lands would contiguously vegetated. In these low- articles, information maintained by not trigger consultation under section 7 gradient rangewide riparian breeding universities and State agencies, existing of the Act with respect to critical habitat habitats (i.e., cottonwood, willow), areas State management plans, species- and the requirement of no adverse that currently contain less than 200 ac specific reports, habitat information modification, unless the specific action (81 ha) of riparian habitat were not sources, climate change studies, would affect the physical or biological selected. However, in some areas of the incidental detections, and numerous features of designated habitat Southwest, the physical or biological survey efforts conducted throughout the surrounding or adjacent to the features for areas used as breeding species’ range, including but not limited nonhabitat areas. habitat vary from other locations in the to the more recent information below: The critical habitat designation is range of the western yellow-billed Corman and Magill 2000; Dockens and defined by the maps, as modified by any cuckoo. These areas occur in Arizona Ashbeck 2011; Salt River Project 2011a; accompanying regulatory text, presented and New Mexico and are associated Beason 2012; Dettling and Seavy 2012; at the end of this document in the with summer monsoonal moisture and Gardali et al. 2012; Johnson et al. 2012; Proposed Regulation Promulgation are smaller, narrower habitat areas that McCarthy 2012; McNeil et al. 2012; section. We include more detailed

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information on the boundaries of the October 3, 2014 (79 FR 59992), overstory and understory component of critical habitat designation in the unit respectively. The physical or biological other tree species, including but not descriptions below. We will make the features identified here focus primarily limited to boxelder (Acer negundo); ash coordinates or plot points or both on on breeding habitat and secondarily on (Fraxinus spp.); walnut (Juglans spp.); which each map is based available to foraging habitat because most of the and sycamore (Platanus spp.) (Gaines the public on the internet at http:// habitat relationship research data derive 1974b, pp. 7–9; Gaines and Laymon www.regulations.gov at Docket No. from studies of these activities. Much 1984, pp. 59–66; Groschupf 1987 pp. 5, FWS–R8–ES–2013–0011, and at the less is known about migration, stop- 8–11, 16–18; Laymon and Halterman Sacramento Fish and Wildlife Office at over, or dispersal habitat within the 1989, pp. 274–275; Corman and Magill http://www.fws.gov/sacramento (see FOR breeding range; however, for these 2000, pp. 5, 10, 11, 15, 16; Dettling and FURTHER INFORMATION CONTACT, above). purposes, western yellow-billed Howell 2011a, pp. 27–28). In California, cuckoos do use a variety of habitats that the species is typically found in riparian Physical or Biological Features may or may not be used for breeding. As woodland areas along low-gradient In accordance with section 3(5)(A)(i) a result, we do not think that habitat for streams with large patches of of the Act and regulations at 50 CFR these purposes is limiting and we have cottonwood (Populus spp.) and willow 424.12(b), in determining which areas not specifically identified areas for these (Salix spp.) riparian vegetation with an within the geographical area occupied purposes in our designation. As stated overstory and understory component of by the species at the time of listing to above, the species’ use of an area for other tree species, including but not designate as critical habitat, we consider breeding purposes depends on food limited to boxelder (Acer negundo); the physical or biological features that availability and habitat conditions. If Oregon ash (Fraxinus latifolia); are essential to the conservation of the those conditions are not adequate (i.e., California black walnut (Juglans species and which may require special prey not present, environmental californica); California sycamore management considerations or conditions not favorable), the species (Platanus racemosa); Fremont protection. For example, essential may still use the area for the other cottonwood (Populus fremontii); and physical features for various species purposes identified above. Due to the valley oak (Quercus lobata) (Gaines might include gravel of a particular size species’ capabilities and behavioral 1974b, pp. 7–9; Gaines and Laymon required for spawning, alkali soil for response to resource availability, we 1984, pp. 59–66; Laymon and seed germination, protective cover for conclude that conservation of sufficient Halterman 1989, pp. 274–275; Dettling migration, or susceptibility to flooding habitat for breeding will also provide and Howell 2011a, pp. 27–28). or fire that maintains necessary early- sufficient habitat for the other activities. In addition to the riparian trees found successional habitat characteristics. Although the wintering and nesting across the species’ range, the vegetation Biological features might include prey habitat for the western yellow-billed making up the breeding habitat of the species, forage grasses, specific kinds or cuckoo that occurs outside of the United western yellow-billed cuckoo in some ages of trees for roosting or nesting, States is not considered for critical areas, especially in the more arid symbiotic fungi, or a particular level of habitat designation, some information Southwest, includes some other native nonnative species consistent with on breeding, migration, and wintering and nonnative xero-riparian and upland conservation needs of the listed species. habitat outside the United States is non-riparian trees and large shrubs, The features may also be combinations provided. We propose to determine that such as, but not limited to: Mesquite of habitat characteristics and may the following physical or biological (Prosopis spp.), hackberry (Celtis encompass the relationship between features are essential to the conservation reticulata and C. ehrenbergiana), characteristics or the necessary amount of the western yellow-billed cuckoo. soapberry (Sapindus saponaria), oak of a characteristic needed to support the (Quercus spp.), acacia (Acacia spp., life history of the species. Space for Individual and Population Senegalia greggi), mimosa (Mimosa In considering whether features are Growth and for Normal Behavior spp.), greythorn (Ziziphus obtusifolia), essential to the conservation of the General breeding (nesting) habitat desert willow (Chilopsis linearis), species, we may consider an appropriate conditions. The western yellow-billed juniper (Juniperus spp.), Arizona quality, quantity, and spatial and cuckoo occurs and breeds during the cypress (Cupressus arizonica), pine temporal arrangement of habitat breeding season (generally from May (Pinus spp.), alder (Alnus rhombifolia characteristics in the context of the life- through September) in a subset of its and A. oblongifolia), wolfberry (Lycium history needs, condition, and status of historical range in the western United spp.), Russian olive (Elaeagnus the species. These characteristics States. The western yellow-billed angustifolia), and tamarisk (Tamarix include, but are not limited to, space for cuckoo uses nesting sites in riparian spp.) (Groschupf 1987 pp. 5, 8–11, 16– individual and population growth and habitat where conditions are typically 18; Corman and Magill 2000, pp. 10, 15, for normal behavior; food, water, air, cooler and more humid than in the 16; Corson 2018, pp. 5, 6–20; Sferra et light, minerals, or other nutritional or surrounding environment (Gaines and al. 2019, p. 3). physiological requirements; cover or Laymon 1984, p. 75; Laymon 1998, pp. Western yellow-billed cuckoo nests shelter; sites for breeding, reproduction, 11–12; Corman and Magill 2000, p. 16). have been documented in Fremont or rearing (or development) of offspring; Riparian habitat characteristics, such as cottonwood, Goodding’s black willow and habitats that are protected from dominant tree species, size and shape of (Salix gooddingii), red willow (Salix disturbance. habitat patches, tree canopy structure, laevigata), coyote willow (Salix exigua), We derive the specific physical or vegetation height, and vegetation Arizona sycamore, mesquite, tamarisk, biological features required for the density, are important parameters of hackberry, boxelder, soapberry, Arizona western yellow-billed cuckoo from western yellow-billed cuckoo breeding walnut, acacia, ash, alder, seep willow studies of this species’ habitat, ecology, habitat. Western yellow-billed cuckoos (Baccharis salicifolia), English walnut and life history as described below. are found across the DPS in riparian (Juglans regia), oak, juniper, and Additional information can be found in woodlands along low-gradient streams Arizona cypress (Laymon 1980, pp. 6– the proposed and final listing rules with large patches of cottonwood 8; Laymon 1998, p. 7; Hughes 1999, p. published in the Federal Register on (Populus spp.) and willow (Salix spp.) 13; Corman and Magill 2000, p. 16; October 3, 2013 (78 FR 61621), and riparian vegetation usually with an Halterman 2001, p. 11; Halterman 2002,

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p. 12; Halterman 2003, p. 11; Halterman within the western yellow-billed and desert scrub and desert grassland 2004, p. 13; Corman and Wise-Gervais cuckoo’s breeding range found that large drainages with a tree component, and 2005, p. 202; Halterman 2005, p. 10; areas of riparian woodland vegetation Madrean evergreen woodland (oak- Halterman 2007, p. 5; Holmes et al. are not the only areas used by the dominated) drainages (particularly in 2008, p. 21; McNeil et al. 2013, pp. I– species for nesting. We describe both southern Arizona). In areas where water 1–I–3; Tucson Audubon 2015, p. 44; the rangewide and southwestern is especially limited, but is nonetheless Groschupf 2015, entire; MacFarland and breeding habitat below with particular productive in terms of food and cover Horst 2015, pp. 9–12; Sferra et al. 2019, emphasis on describing the for western yellow-billed cuckoos, p. 3). southwestern habitat, because it is less breeding habitat often consists of Western yellow-billed cuckoos have well known as providing habitat for the narrow, patchy, and/or sparsely also been found nesting in orchards western yellow-billed cuckoo. vegetated drainages surrounded by arid- adjacent to riparian habitat during the Rangewide breeding habitat. As stated adapted vegetation. Due to more arid breeding season (Laymon 1980, pp. 6– above, rangewide breeding habitat exists conditions, southwestern breeding 8; Laymon 1998, p. 5). Five pairs of primarily in riparian areas along low- habitat contains a greater proportion of western yellow-billed cuckoos were gradient streams, with large patches of xeroriparian and nonriparian tree found nesting along the Sacramento cottonwood and willow riparian species than elsewhere in the DPS. River in a poorly groomed English vegetation with an overstory and Riparian trees (including xeroriparian) walnut orchard that provided numerous understory component. The vegetation in these ecosystems may even be more densely foliaged horizontal branches on is often characterized as riparian sparsely distributed and less prevalent which western yellow-billed cuckoos woodlands. More specifically, than nonriparian trees. built their nests (Laymon 1980, pp. 6– rangewide breeding habitat is Southwestern breeding habitat may be 8). These western yellow-billed cuckoos characterized as having broad less than 325 ft (100 m) wide due to that nested in the orchard did not forage floodplains and open riverine valleys narrow canyons or limited water there, but flew across the river to forage that provide wide floodplain conditions. availability that do not allow for in riparian habitat. Kingsley (1989, p. The general habitat characteristics are development of wide reaches of habitat. 142) described western yellow-billed areas that are often greater than 325 feet Southwestern breeding habitat is often cuckoos as being abundant in the pecan (ft) (100 meter (m)) wide, contain low- but not always 200 ac (81 ha) or more groves in Green Valley and Sahuarita, gradient rivers and streams (surface in size, and may consist of a series of Arizona, with an estimated density of slope usually less than 3 percent), are smaller patches separated by openings. one nesting pair per 10 ac (4 ha). We part of floodplains created where rivers Occurring in both low- and high- consider these agricultural nesting sites and streams enter upstream portions of gradient drainages, slope does not to be the exception rather than the reservoirs or other water appear to be a factor in whether or not preferred nesting habitat for the species impoundments, or are in areas western yellow-billed cuckoos select due to the paucity of reports identifying associated with irrigated upland terraces these areas for nesting. Often such nesting. In mapping the adjacent to water courses or riparian interspersed with large openings, boundaries of the proposed critical floodplains. The habitat is usually southwestern breeding habitat includes habitat, we avoided identifying dominated by willow or cottonwood, narrow stands of trees, small groves of agricultural lands within the proposed but sometimes by other riparian species. trees, or sparsely scattered trees. As designation. Any agricultural lands The habitat has above-average canopy such, the canopy closure is variable, and inadvertently within the boundary of closure (greater than 70 percent), and a where trees are sparsely scattered, it the proposed designation would not be cooler, more humid environment than may be dense only at the nest tree. The considered critical habitat because it the surrounding riparian and upland North American Monsoon brings high does not contain the physical or habitats. The plant species most often humidity and rainfall to some of these biological features. We request comment associated with rangewide breeding habitats especially in the ephemeral on whether any unit of its proposed habitat are identified above (see General drainages in southeastern Arizona designation of critical habitat Breeding (nesting) Habitat Conditions), where winters are mild and warm wet inadvertently includes agricultural and each may be dominant depending summers are associated with the lands. on location. These areas contain the monsoon and other tropical weather Tamarisk is also a riparian species moist conditions that support riparian events (Wallace et al. 2013a, entire; that may be associated with breeding plant communities made up of overstory Erfani and Mitchell 2014, pp. 13,096– under limited conditions in the and understory components that 13,097). Southwest. Western yellow-billed provide breeding sites, shelter, cover, Riparian drainages in southwestern cuckoos will sometimes build their and food resources for the western breeding habitat bisect other habitats nests and forage in tamarisk, but there yellow-billed cuckoo. However, all and often contain a mix of habitats such is usually a native vegetation foraging needs may not be provided as riparian and Madrean evergreen component within the occupied habitat within areas of critical habitat. Western woodland tree species, riparian (Gaines and Laymon 1984, p. 72; yellow-billed cuckoo use rangewide broadleaf and mesquite-bosque, riparian Johnson et al. 2008a, pp. 203–204). See breeding habitat as described above and desert grassland tree and large ‘‘Tamarisk’’ section below for further throughout the DPS, including where it shrub species, or riparian and desert discussion of tamarisk as habitat. occurs in the Southwest and the states scrub tree and large shrub species. More Older studies were geographically of Sonora and Sinaloa, Mexico. than one vegetation type within and limited in their scope but nevertheless Southwestern breeding habitat. In adjacent to the drainage may contribute established a suite of habitat parts of the Southwestern United States toward nesting habitat. For example, characteristics that became the and the states of Sonora and Sinaloa, mesquite, with deeper roots that can archetype for western yellow-billed Mexico, western yellow-billed cuckoo reach the water table, often flanks the cuckoo breeding habitat. However, breeding habitat is more variable than in upland perimeter of more water- habitat conditions across the DPS range the rest of its range. Southwestern dependent cottonwood-willow riparian vary considerably, and more recent breeding habitat includes riparian habitat. Drainage bottoms in these investigations that included other areas woodland (including mesquite bosque) habitats consist of both riparian and

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nonriparian trees and may be dominated entire; Cornell Lab of Ornithology 2016 growth, and survival. In Arizona and by cottonwood, willow, xeroriparian (eBird data), Corson 2018, pp. 5, 20; New Mexico, narrow or patchy riparian tree species (e.g., hackberry, ash, Rorabaugh 2019, in litt, entire; Sferra et breeding habitat can be found adjacent sycamore, walnut), or oak (Sogge et al. al. 2019, pp. 3–6). In Sonora and to heavily managed floodplains (such as 2008, pp. 148–149; Johnson et al. 2012, Sinaloa, Mexico, western yellow-billed areas within Caballo Reservoir and the pp. 20–21; WestLand Resources, Inc. cuckoos also breed in similar riparian Lower Rio Grande for example (White et 2013a, pp. 3–5; Villarreal et al. 2014, p. habitat bisecting mesquite-dominated al. 2018, pp. 26–27)). Hydrologically 58; Griffin 2015, pp. 17–25; MacFarland woodlands, and semidesert and desert perennial systems become intermittent and Horst 2015, pp. iiii, 2, 5–7; scrub and grassland habitats (Russell or ephemeral due to reservoir Westland Resources, Inc. 2015a, pp. 3– and Monson 1998, p. 131). We management or water delivery 4; Westland Resources, Inc. 2015b, pp. summarize information on southwestern requirements. For example, water 3–4; Westland Resources, Inc. 2015c, breeding habitat that is made up of abundance at Caballo Reservoir and entire). southwestern riparian, desert scrub and downstream on the Lower Rio Grande Common riparian trees (including grassland drainages with a tree varies from year to year and timing of xeroriparian trees) include cottonwood, component, and Madrean evergreen release may not occur prior to or willow, mesquite, boxelder, sycamore, woodland drainage habitats below. throughout the western yellow-billed ash, alder, walnut, soapberry, desert Southwestern riparian habitat. This cuckoo breeding season. As a result, willow, hackberry, Arizona cypress, more arid riparian woodland occurs in riparian (including xeroriparian) habitat tamarisk, and Russian olive. Common perennial and intermittent drainages may persist only as narrow bands or nonriparian trees and large shrubs and floodplains. The extent of riparian scattered patches along the bankline or include oak, pinyon, juniper, acacia, vegetation is often narrower, patchier, as small in-channel islands, or sections greythorn, mimosa, mesquite (upland), and sparser than in breeding habitat of undisturbed native willows within and sometimes other pine species elsewhere due to limited water for the reservoir. Habitat within these areas (NatureServe 2013, pp. 11–18, 42–113, riparian tree regeneration and survival. may be as small as approximately 30 ac 132–140). In Arizona, occupied habitat Trees may occur in narrow linear (12 ha) and are typically composed of within a single drainage may include reaches, in small and patchy groves, or either willow, tamarisk, or a mix of the both rangewide breeding habitat and sparsely scattered along the drainage or two (White et al. 2018, pp. 26–27). southwestern breeding habitat, floodplain. This habitat is often Adjacent habitat may include mowed transitioning from large stands of gallery composed of a greater proportion of nonnative vegetation typically less than riparian forest to mesquite woodland, or more arid-adapted riparian tree species 1 ft (0.3 m) tall or higher terraces within narrow or patchy stands of more and/or is more sparsely vegetated than the floodplain with mesquite or other xeroriparian habitat. These drainages rangewide riparian breeding habitat. drought tolerant vegetation. include but are not limited to parts of The proportion of cottonwood and Desert scrub and desert grassland the Gila River, upper Verde River, Blue willow declines as water becomes more drainages (with a tree component). River, Eagle Creek, Tonto Creek, San limited. Southwestern riparian breeding These Southwestern breeding habitats Francisco River, Aravaipa Creek, San habitat may transition into xeroriparian include drainages with a tree Pedro River, lower Cienega Creek, and habitat within a single drainage. Narrow component intersecting desert scrub and the Rio Grande (Corman and Magill or patchy riparian breeding habitat is desert grassland in intermittent and 2000, pp. 37–48; Sogge et al. 2008, pp. often found intersecting desert scrub, ephemeral drainages. Tree and large 148–149; Johnson et al. 2012, pp. 20–21; desert grassland, and Madrean shrub species such as mesquite, Cornell Lab of Ornithology 2016 (eBird evergreen woodland breeding habitat. hackberry, acacia, mimosa, and or data); Arizona Game and Fish Remnant mesquite bosques, greythorn are always present Department 2018, entire). historically extensive throughout the (NatureServe 2013, pp. 88, 134). In southeastern Arizona, occupied Southwest along major rivers, still Riparian (including xeroriparian) trees southwestern breeding habitat contains occupy some wide floodplains in parts and large shrubs may have a minor a more arid mix of both southwestern of Arizona and New Mexico. These presence in the drainage bottoms. Tree riparian and Madrean evergreen remnant mesquite bosques include parts density ranges from sparse to dense in woodland tree species, riparian of the lower Colorado River, Gila, Salt, the drainage bottom and adjacent broadleaf trees and mesquite bosque, San Pedro, Santa Cruz, and Rio Grande hillside. riparian and desert grassland tree and Rivers. In Sonora, Mexico, mesquite Madrean evergreen woodland large shrub species, or riparian and bosques where western yellow-billed drainage habitat. This plant community desert scrub tree and large shrub cuckoos have nested have also been is dominated by evergreen oak species, species. This habitat is found in greatly reduced (Russell and Monson but often contains other tree species drainages in the Santa Catalina 1988, p. 131). Southwestern mesquite such as mesquite, juniper, acacia, and Mountains, Rincon Mountains, Santa bosque breeding habitat is often found hackberry (Brown 1994, pp. 59–62) and Rita Mountains, Patagonia Mountains, flanking the outer edge of riparian is found in southeastern Arizona and Huachuca Mountains, Pajarito/Atascosa habitat, where the water table is too southwestern New Mexico’s mountain Mountains, Whetstone Mountains, deep for cottonwood and willow trees. ranges, and resembles habitat found in Dragoon Mountains, and Buenos Aires For example, Arizona’s upper San Pedro the Sierra Madre Occidental of Mexico. National Wildlife Refuge, among others River contains extensive reaches of Western yellow-billed cuckoos breed in (Corman and Magill 2000, pp. 37–48; mesquite bosque breeding habitat the intermittent and ephemeral WestLand Resources, Inc. 2013a, pp. 3– adjacent to the cottonwood and willow drainages bisecting Madrean evergreen 5; Westland Resources, Inc. 2013b, pp. dominated breeding habitat in a broad woodlands in the bajadas, foothills, and 1–9; Griffin 2015, pp. 17–25; floodplain. mountains of southeastern Arizona MacFarland and Horst 2015, pp. i–iii, 2, Arid conditions and water (Corman and Magill 2000, pp. 37–48; 5–7; Tucson Audubon 2015, p. 44; management in the Southwest often WestLand Resources, Inc. 2013a, pp. 3– WestLand Resources, Inc. 2015a, pp. 3– influences stream flows into and 5; Westland Resources 2013b, pp. 1–9; 4; WestLand Resources, Inc. 2015b, pp. downstream of reservoirs, limiting American Birding Association 2014, 3–4; WestLand Resources, Inc. 2015d, riparian vegetation regeneration, entire; Cornell Lab of Ornithology 2015

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(eBird data); Griffin 2015, pp. 17–25; Horst 2015, pp. 9–10). Western yellow- billed cuckoo riparian habitat in the late MacFarland and Horst 2015, pp. i–iii, 2, billed cuckoo detections ranged in 1990s and found 85 percent of all 5–7; WestLand Resources, Inc. 2015a, elevation from 3,564 to 5,480 ft (1,086 western yellow-billed cuckoo detections pp. 3–4; WestLand Resources, Inc. to 1,670 m) (MacFarland and Horst in habitat dominated by cottonwood 2015b, pp. 3–4; Westland Resources, 2015, p. 10). with a strong willow and mesquite Inc. 2015c, entire; Dillon et al. 2018, pp. Few western yellow-billed cuckoo understory, 11.5 percent within mixed 31–33; White et al. 2018, pp. 26–27; detection records in southwestern New native and tamarisk habitats, 3.5 percent Sferra et al. 2019, pp. 3, 9–11). Riparian Mexico exist between 1998 and 2014 in within mixed native and Russian olive (including xeroriparian) trees and large Madrean evergreen woodland and habitats, and only 5 percent within shrubs may be present, but are often mesquite woodlands (including other tamarisk-dominated habitats (Johnson et sparsely distributed or in a narrow band thorn trees and shrubs) habitat similar al. 2010, pp. 204–205). Even in the along the drainage bottom. The hillsides to southeastern Arizona (Cornell Lab of tamarisk-dominated habitat, immediately adjacent to the tree-lined Ornithology 2016 (eBird)). Much of the cottonwoods were still present at all but drainages range from dense woodlands southwestern New Mexico habitat is two of these sites. to sparsely treed savannahs with a privately owned and is not visited as Although tamarisk monocultures variety of grasses, contributing toward frequently by birders as is southeastern generally lack the structural diversity of foraging and breeding habitat for the Arizona. No protocol surveys have been native riparian habitat, western yellow- western yellow-billed cuckoo (Brown conducted in these areas. Based on the billed cuckoos may use these areas for 1994, pp. 59–62; Corman and Magill best available survey information, we foraging, dispersal, and breeding, 2000, pp. 37–48; Westland Resources, have not identified confirmed breeding especially if the tamarisk-dominated Inc. 2013a, pp. 3–5; Westland or breeding occupancy in Madrean sites retain some native trees. Tamarisk Resources, Inc. 2013c, pp. 1–9; evergreen woodland and mesquite contributes cover, nesting substrate, American Birding Association 2014, woodlands in New Mexico. Therefore, temperature amelioration, increased entire; Cornell Lab of Ornithology 2015 no critical habitat is proposed in similar humidity, and insect production where (eBird data); Arizona Game and Fish southwestern habitat in southwestern native habitat regeneration and Department 2015, entire; MacFarland New Mexico because it does not meet survivability has been compromised by and Horst 2015, pp. 9–12; Westland our conservation strategy for designating altered hydrology (e.g., reduced flow or Resources, Inc. 2015a, pp. 3–4; critical habitat. groundwater availability) and Westland Resources, Inc. 2015b, pp. 3– Tamarisk. Tamarisk, also known as hydrologic processes (e.g., flooding and 4; Westland Resources, Inc. 2015c, saltcedar, is a common nonnative sediment deposition). In parts of the entire; Corson 2018, entire). shrubby tree found occurring along or western yellow-billed cuckoo’s range, within stream courses in western some tamarisk-dominated sites are used In 2015, western yellow-billed yellow-billed cuckoo riparian habitat in for nesting and foraging including parts cuckoos were found in the Coronado southwestern breeding habitat. of the Bill Williams, Verde, Gila, Salt, National Forest using the Madrean Tamarisk, as a component of wildlife and Rio Grande Rivers (Groschupf 1987, evergreen woodland drainages habitat, is often characterized as being pp. 9, 15; Corman and Magill 2000, pp. dominated by oak trees, often with poor habitat for many species of 11, 14–16, Leenhouts et al. 2006, p. 15; mesquite trees flanking the riparian wildlife, but it can be a valuable Sogge et al. 2008, p. 148; Sechrist et al. strip (MacFarland and Horst 2015, pp. 1, substitute where the hydrology has been 2009, p. 55; Dockens and Ashbeck 7). The drainages often merge into the altered to the extent that native 2011a, pp. 1, B–26; Dockens and surrounding vegetation of juniper. In the woodland habitat can no longer exist Ashbeck 2011b, pp. 8, D–2; Jarnevich et wettest reaches of the drainages, the (Service 2002, pp. K–11–K–14; Sogge et al. 2011, p. 170; McNeil et al. 2013b, p. oaks are interspersed with Arizona al. 2008, pp. 148–152; Shafroth et al. I–1; Arizona Game and Fish Department sycamore, hackberry, willows, 2010b, entire). The spread of tamarisk 2014, pp. 1–5; Jakle 2014, entire; Orr et occasionally cottonwoods, and a few and the loss of native riparian al. 2014, p. 25; Salt River Project 2014, other infrequently occurring species vegetation is primarily a result of land entire; Service 2014, p. 63; Arizona- such as Arizona ash and Arizona walnut and water management actions. Sonora Desert Museum 2016, entire; (MacFarland and Horst 2015, p. 1). Total Tamarisk does not invade and out- Dillon et al. 2018 pp. 31–33; White et canopy cover in occupied habitat was compete native vegetation in the al. 2018 pp. 26–27; and Parametrix, about 52 percent, with oaks as the Southwest (Service 2002, p. H–11). Incorporated (Inc.) and Southern Sierra predominant overstory species recorded Rather, human actions have facilitated Research Station 2019, p. 5–1). (overall average 35 percent), followed by tamarisk dispersal to new locales, and Past restoration efforts favored mesquite (20 percent), and juniper (16 created opportunities for its nonnative tamarisk removal without percent). The most frequent riparian establishment by clearing vegetation, regard for its habitat suitability for the overstory species were sycamore (3 modifying physical site conditions, western yellow-billed cuckoo. In areas percent) followed by hackberry (5 altering natural river processes, and where tamarisk is a major component percent) and willow (2 percent). The disrupting biotic interactions (Service (or part of the understory), its removal average height of the most prevalent 2002, p. H–11). Because the presence may not be appropriate or overstory tree species at each point and relative dominance of tamarisk is recommended because western yellow- recorded was 20 ft (6.1 m). Habitat greatly influenced by hydrologic regime billed cuckoo habitat selection may be occupied during the breeding season and depth to groundwater, native based on overstory/understory structure (which we also refer to as territories riparian vegetation in tamarisk- and not on specific vegetation types even though western yellow-billed dominated systems is unlikely to (Sechrist et al. 2009, p. 53). In some cuckoos may not defend habitat (Hughes reestablish unless the hydrologic regime areas, if tamarisk is removed, the 2015, p. 3)) tended to have a higher is restored (Stromberg et al. 2007, pp. remaining habitat may be rendered percentage of mesquites in the 381–391). unsuitable because it is more exposed, community composition, while Johnson et al. (2008a, pp. 203–204) hotter, and drier. unoccupied survey points had a higher conducted Arizona surveys in Another issue in regards to tamarisk percentage of junipers (MacFarland and historically occupied western yellow- is the introduction of biocontrol agents

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to remove tamarisk. In 2001, the U.S. occupied by nesting pairs (Laymon and cuckoos even in rangewide riparian Department of Agriculture’s Animal and Halterman 1989, pp. 274–275). breeding habitat is variable. Plant Health Inspection Service (APHIS) Rangewide breeding habitat can be Home range size is unknown in released various species of the relatively dense contiguous stands or southwestern breeding habitat, nonnative tamarisk leaf beetle irregularly shaped mosaics of dense including in more xeroriparian (Diorhabda sp.) in an effort to control vegetation with more sparse or open woodland, desert scrub and desert tamarisk invasion (APHIS 2005, p. 4–5). areas. grassland drainages with a tree Since 2001, the tamarisk leaf beetle has Along the Colorado River in component and in Madrean evergreen expanded rapidly and its distribution California and Arizona, western yellow- woodland. Whether the area is now encompasses much of the western billed cuckoos tend to favor larger considered marginal, suitable, or United States (RiversEdge West, 2018, riparian habitat sites for nesting optimal depends on numerous factors entire). This expansion of tamarisk (Laymon and Halterman 1989, p. 275): and is variable across the species’ range. defoliation will lead to habitat sites less than 37 ac (15 ha) are Breeding habitat in more arid regions of degradation and may render areas considered unsuitable nesting habitat; the Southwest may be made up of a unsuitable for occupancy by the western sites between 37 ac (15 ha) and 50 ac (20 series of adjacent or nearly adjacent yellow-billed cuckoo (Sogge et al. 2008, ha) in size were rarely used as nest sites; habitat patches, less than 200 ac (81 ha) p. 150). Defoliation during the breeding and habitat patches or aggregates of each, which combined make up suitable season also exposes eggs and nestlings patches from 50 to 100 ac (20 to 40 ha) breeding habitat for the species. Often to heat exposure and predation from in size were considered marginal habitat interspersed with large openings, these decreased cover, as was documented in (Laymon and Halterman 1989, p. 275). habitat patches include narrow stands of 2008 in St. George, Utah, with the Habitat areas between 100 ac (40 ha) trees, small groves of trees, or sparsely exposure-caused failure of an active and 200 ac (81 ha), although considered scattered trees. For example, in the southwestern willow flycatcher nest suitable, are not consistently used by Agua Fria River in central Arizona, (Paxton et al. 2011, p. 257). In defoliated the species in California. The optimal occupied habitat consists not only of areas of the Rio Grande, canopy cover size of habitat patches (aggregates of mature cottonwood and willow gallery was still within the natural range of trees that may be interspersed with forest (multi-aged and multi-height variation; however, the canopy cover openings, sparse understory or canopy, forest) found in rangewide breeding was composed of dead leaves as or open floodplains) for the western habitat, but also smaller patches of opposed to live leaves, which changed yellow-billed cuckoo are generally young willows that are limited to the microclimate (Dillon and Ahlers greater than 200 ac (81 ha) in extent and narrow riparian corridors with mesquite 2018, pp. 26–27). Ultimately, the have dense canopy closure and high on the adjacent terrace characteristic of sampled areas with the most tamarisk foliage volume of willows and southwestern breeding habitat (Prager and subsequent defoliation activity cottonwoods in at least a portion of the and Wise 2015, p. 13). In the bajadas, reflected the areas with the highest overall habitat patch (Laymon and foothills, and mountain drainages of temperature extremes (Dillon and Halterman 1989, pp. 274–275) and thus southeastern Arizona, scattered Ahlers 2018, pp. 26–27). provide adequate space for nesting and overstory trees, small patches of trees, or Some tamarisk removal and native foraging. narrow stands of trees contain suitable tree replacement projects are under way In rangewide riparian breeding habitat breeding habitat (MacFarland and Horst to offset the arrival of tamarisk leaf and mixed riparian habitat in California, 2015, entire, Corson 2018, pp. 5, 6–20; beetles and subsequent defoliation Arizona, and New Mexico, the home Sferra et al. 2019, entire). (Service 2016b, pp. 4–15). If these ranges used by the western yellow- Although large expanses of habitat are projects are unsuccessful in sustaining billed cuckoo during the breeding better than small patches for the species, native woodland habitat of at least the season varied greatly but averaged over small habitat patches should be same habitat value as habitat that was 100 ac (40 ha) (Laymon and Halterman evaluated when managing for the removed, the end result will be a net 1987, pp. 31–32; Halterman 2009, p. 93; western yellow-billed cuckoo. The loss of habitat. Another nonnative Sechrist et al. 2009, p. 55; McNeil et al. optimal minimum breeding habitat species identified as a biocontrol agent, 2010, p. 75; McNeil et al. 2011, p. 37; patch size of 200 ac (81 ha) may not be the tamarisk weevil (Coniatus sp.) has McNeil et al. 2012, p. 69; McNeil et al. applicable for much of the Southwest, also been found in the wild in Arizona, 2013a, pp. 133–134; McNeil et al. where breeding habitat may be narrower California, Nevada, and Utah (Eckberg 2013b, pp. 49–52). On the Rio Grande in and patchier and areas of less than 40 and Foster 2011, p. 51; Eichhorst et al. New Mexico, Sechrist et al. (2009, p. 55) ac (16 ha) may be used for breeding 2017, entire). The impact of the tamarisk estimated a large variation in home (Sechrist et al. 2009, p. 55; White et al. weevil has not been well studied and range size, ranging from 12 to 697 ac (5 2018, pp. 14–37). These smaller sites currently has not been shown to to 282 ha), and averaging 202 ac (82 ha). support fewer western yellow-billed significantly impact tamarisk-dominated On the upper San Pedro River in cuckoos, but collectively they may be habitats used by the western yellow- Arizona, Halterman (2009, pp. 67, 93) important for achieving recovery. billed cuckoo. also estimated a large variation in home Western yellow-billed cuckoos appear Breeding (nesting) habitat and home range size, ranging from 2.5 to 556 ac (1 to stage in southern Arizona or northern range size. In rangewide western to 225 ha), and averaging 126 ac (51 ha). Mexico pre- and post-breeding, yellow-billed cuckoo habitat, the habitat In the intermountain west (Idaho, Utah, suggesting that this region is important used for breeding and nesting by the Colorado), the western yellow-billed to the DPS (McNeil et al. 2015, pp. 249, species varies in size and shape. The cuckoo breeds in similar habitats as 251). Some individuals also roam available information indicates that the described above but are more scattered widely (several hundred miles), species requires large tracts of habitat and in lower density (Parrish et al. 1999, apparently assessing food resources for breeding and foraging during the p. 197; Taylor 2000, pp. 252–253; Idaho prior to selecting a nest site (Sechrist et nesting season (home range). The larger Fish and Game 2005, entire; Wiggins al. 2012, pp. 2–11). A plausible the extent of habitat, the more likely it 2005, p. 15). These measures suggest explanation for prolonged presence in will provide suitable habitat for the that the amount of habitat required to southern Arizona and northwestern western yellow-billed cuckoos and be support nesting western yellow-billed Mexico pre- and post-breeding may be

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that western yellow-billed cuckoos are areas may require direct precipitation to or taking advantage of local foraging taking advantage of increased insect flourish (Wallace et al. 2013a, p. 2,102). resources (Sechrist et al. 2012, pp. 7–9; production in the monsoonal area. Other desert areas with spring-fed McNeil et al. 2015, pp. 250–252). As a Identifying and maintaining habitat habitat may provide similar habitat result, western yellow-billed cuckoos across the species’ range is important to conditions. Both are important features use nonbreeding or intermittently used allow the species to take advantage of of western yellow-billed cuckoo breeding areas as staging areas, variable environmental conditions for foraging habitat in the arid Southwest. movement corridors, connectivity successful breeding opportunities. In Arizona and New Mexico, adjacent between habitats, or foraging sites Foraging area. Western yellow-billed foraging habitat includes several types (taking advantage of local foraging cuckoos select a nesting site based on of semidesert scrub, desert scrub, resources). However, because these optimizing the near-term foraging chaparral, semidesert grassland, and nonbreeding habitat areas are not potential of the neighborhood (Wallace desert grassland (Brown and Lowe 1982, limiting, we have not specifically et al. 2013a, p. 2102). Given that entire; Brown 1994, entire; Brown et al. identified them as critical habitat. western yellow-billed cuckoos are larger 2007, pp. 4–5). An exception to the Therefore, based on the information birds with a short hatch-to-fledge time, habitat characteristics identified above above, for the majority of habitat within the adults must have access to abundant occurs in New Mexico along the Rio the species’ range, we identify rivers food sources to successfully rear their Grande, where 29 percent of all and streams of lower gradient and more offspring. Optimal foraging habitat estimated territories in the period 2009– open valleys with a broad floodplain, contains a mixture of overstory and 2014 were located in understory containing riparian woodland habitat understory vegetation (typically vegetation (considered less than 6 m (15 with an overstory and understory cottonwoods and willows) that provides ft) in height) that lacked a canopy vegetation component made up of for diversity and abundance of prey. component (considered less than 25 various plant species (most often Western yellow-billed cuckoos generally percent cover), but included a New dominated by willow or cottonwood) to forage within the tree canopy, and the Mexico olive (Forestiera neomexicana) be physical or biological features higher the foliage volume the more component (Hamilton 2014, p. 3–84). Of essential to the conservation of the likely western yellow-billed cuckoos are these understory areas, roughly half western yellow-billed cuckoo. In more to use a site for foraging (Laymon and were dominated by exotic species arid regions of the southwestern United Halterman 1985, pp. 10–12). Foraging (primarily tamarisk) (Carstensen et al. States, we also identify reaches of more areas can be less dense with lower 2015, pp. 57–61). Western yellow-billed xeroriparian habitat (including mesquite levels of canopy cover and often have a cuckoos in New Mexico have also been bosques), desert scrub, and desert high proportion of cottonwoods in the observed foraging in adjacent habitat up grassland drainages with a tree canopy. Foraging areas can also include to 0.5 mi (0.8 km) away from nest sites component, and Madrean evergreen riparian habitat with a high abundance (Sechrist et al. 2009, p. 49). In the woodland drainages in low- to high- of tamarisk. intermountain west (Idaho, Utah, gradient drainages to be a physical or The foraging distance and size of Colorado), the western yellow-billed biological feature essential to the foraging habitat required by western cuckoo breeds in similar habitats as conservation of this species. These yellow-billed cuckoo varies on prey described above but are more scattered habitat types provide space for breeding, availability and other environmental and in lower density (Parrish et al. 1999, nesting, and foraging for the western conditions and may vary annually and yellow-billed cuckoo. These habitat p. 197; Taylor 2000, pp. 252–253; Idaho from site to site. A foraging area during features also provide for migratory or Fish and Game 2005, entire; Wiggins the breeding season may overlap with stopover habitat and movement 2005, p. 15). other western yellow-billed cuckoo corridors for the western yellow-billed foraging areas if multiple nest sites are Movement corridors and connectivity cuckoo. Food, Water, Air, Light, within a single area. Hughes (2015, p. 3) of habitat. The western yellow-billed Minerals, or Other Nutritional or suggests that adjacent nesting western cuckoo is a neotropical migratory Physiological Requirements yellow-billed cuckoos use time spacing species that travels between North, Food. Western yellow-billed cuckoos (i.e., no overlap in egg dates) to partition Central, and South America each spring eat large insects but also prey on small resources, allowing many nesting pairs and fall (Sechrist et al. 2012, p. 5; vertebrates such as frogs (e.g., Hyla spp.; to share localized short-term abundance McNeil et al. 2015, p. 244; Parametrix, Pseudacris spp.; Rana spp.) and lizards of food. In a study in rangewide Inc. and Southern Sierra Research (e.g., Lacertilia sp.) (Hughes 1999, p. 8). breeding habitat in the Sacramento Station 2019, pp. 97–108). As such, it The diet of the western yellow-billed Valley, California, the mean size of needs movement corridors of linking cuckoo on the South Fork Kern River in foraging areas for 4 pairs of western habitats and stop-over sites along California showed the majority of the yellow-billed cuckoos was migration routes and between breeding prey to be the big poplar sphinx moth approximately 48 ac (19 ha) (range 27 to areas (Faaborg et al. 2010, pp. 398–414; larvae (Pachysphinx occidentalis) (45 70 ac (11 to 28 ha)) of which about 25 Allen and Singh 2016, p. 9). During percent), tree frogs (24 percent), ac (10 ha) was considered usable habitat movements between nesting attempts, katydids (22 percent), and grasshoppers for foraging (Laymon 1980, p. 20; western yellow-billed cuckoos have (Order Othoptera) (9 percent) (Laymon Hughes 1999, p. 7). been found at riparian sites with small and Halterman 1985, pp. 10–12; In the southwestern United States and groves or strips of trees, sometimes less Laymon et al. 1997, p. 7). Minor prey at northern Mexico, western yellow-billed than 10 ac (4 ha) in extent (Laymon and that site and other sites includes beetles cuckoo foraging habitat is usually more Halterman 1989, p. 274). The habitat (Order Coleoptera sp.), dragonflies arid than adjacent occupied nesting features at stop-over and foraging sites (Order Odonata), praying mantis (Order habitat. Western yellow-billed cuckoos are typically similar to the features at Mantidae), flies (Order Diptera), spiders not only forage within woodland breeding sites, but may be smaller in (Order Araneae), butterflies (Order breeding habitat, but they also forage in size, may be narrower in width, and Lepidoptera), caddis flies (Order almost any adjacent habitat. Desert may lack understory vegetation. Trichoptera), crickets (Family vegetation in intermittent and Western yellow-billed cuckoos may be Gryllidae), and cicadas (Family ephemeral drainages or adjacent upland using nonbreeding areas as staging areas Cicadidae) (Laymon et al. 1997, p. 7;

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Hughes 1999, pp. 7–8). In Arizona, vertebrates (frogs and lizards) during requirements for successful hatching cicadas are an important food source nesting season of the western yellow- and rearing of young (Hamilton and (Halterman 2009, p. 112). Western billed cuckoo to be a physical or Hamilton 1965, p. 427; Gaines and yellow-billed cuckoos on the Buenos biological feature essential to the Laymon 1984, pp. 75–76; Rosenberg et Aires National Wildlife Refuge in conservation of the species. al. 1991, pp. 203–204; Corman and Arizona were observed eating tent Water and humidity. Rangewide Magill 2000, pp. 37–48; Westland caterpillars, caterpillars of unidentified breeding habitat for western yellow- Resources, Inc. 2013a, pp. 3–5; species, katydids, and lizards (Griffin billed cuckoo is largely associated with Westland Resources, Inc. 2013c, pp. 1– 2015, pp. 19–20). At upper Empire perennial rivers and streams that 9; American Birding Association 2014, Gulch in southeastern Arizona, a support the expanse of vegetation entire; Arizona Game and Fish western yellow-billed cuckoo was characteristics needed by breeding Department 2018, entire; Cornell Lab of photographed in a tree in gallery western yellow-billed cuckoos. Ornithology 2018, (eBird data); riparian forest with a leopard frog (Rana Throughout the western yellow-billed Westland Resources, Inc. 2015a, pp. 3– spp.) in its bill on July 21, 2014 (Barclay cuckoo’s range, winter precipitation (as 4; Service 2018, entire). 2014, entire; Leake 2014a, b, entire). In rain or snow) provides water flow to the Western yellow-billed cuckoos have the intermountain west (Idaho, Utah, larger streams and rivers in the late evolved larger eggs and thicker Colorado), the western yellow-billed spring and summer. In southwestern eggshells, which help them cope with cuckoo feeds on similar insect species breeding habitat, western yellow-billed potential higher egg water loss in the (Parrish et al. 1999, p. 197; Idaho Fish cuckoos also breed in ephemeral and hotter, drier conditions of the Southwest and Game 2005, p. 2; Wiggins 2005, p. intermittent drainages, some of which (Hamilton and Hamilton 1965, pp. 426– 18). are associated with monsoonal 430; Ar et al. 1974, pp. 153–158; Rahn Western yellow-billed cuckoos precipitation events. Hydrologic and Ar 1974, pp. 147–152). Nest sites depend on an abundance of large, conditions at western yellow-billed have lower temperatures and higher nutritious insect and vertebrate prey to cuckoo breeding sites can vary between humidity compared to areas along the survive and raise young. In portions of years. At some locations during low riparian forest edge or outside the forest the southwestern United States, high rainfall years, water flow may be (Launer et al. 1990, pp. 6–7, 23). Recent densities of prey species may be reduced or absent, or soils may not research on the lower Colorado River seasonally found, often for brief periods become saturated at appropriate times. has confirmed that western yellow- of time, during the vegetation growing During high rainfall years, streamflow billed cuckoo nest sites had season. The arrival and nesting of may be extensive and the riparian significantly higher daytime relative western yellow-billed cuckoos typically vegetation can be inundated and soil humidity (6–13 percent higher) and coincides with the availability of prey, saturated for extended periods of time. significantly lower daytime which is later than in the eastern United The North American Monsoon temperatures (2–4 degrees Fahrenheit States (eBird data). Desiccated riparian (monsoon) is a large-scale weather (1–2 degrees Celsius) lower) than sites produce fewer suitable insects than pattern that causes high humidity and a average forested sites (McNeil et al. moist sites. In areas that typically series of thunderstorms during the 2011, pp. 92–101; McNeil et al. 2012, receive rains during the summer summer in northwestern Mexico and pp. 75–83). monsoon, an increase in humidity, soil the southwestern United States (Erfani Seasonal precipitation results in moisture, and surface water flow are and Mitchell 2014, pp. 13,096–13,097; vegetative regeneration in the important triggers for insect National Weather Service 2019, p. 4). It intermittent and ephemeral drainages reproduction and western yellow-billed supplies about 60–80 percent of the and adjacent desert scrub, desert cuckoo nesting (Wallace et al. 2013a, p. annual precipitation for northwestern grassland, and Madrean evergreen 2,102). Western yellow-billed cuckoos Mexico, 45 percent for New Mexico, and woodlands of the southwestern United select a nesting site based on optimizing 35 percent for Arizona (Erfani and States. High summer monsoonal the near-term foraging potential of the Mitchell 2014, p. 13,096). The monsoon humidity and rain lead to summer flow habitat (Wallace et al. 2013a, p. 2,102). typically arrives in early to mid-July in events in drainages and increased Given that western yellow-billed Arizona and New Mexico, where much vegetative growth and associated insect cuckoos are large birds with a short of the rainfall occurs in the mountains production during the breeding season. hatch-to-fledge time, the adults must (Erfani and Mitchell 2014, pp. 13,096– The North American Monsoon promotes have access to abundant food sources to 13,097; National Weather Service 2019, growth of shallow-rooted understory successfully rear their offspring p. 2). The southwestern United States, at vegetation in mesquite-dominated (Laymon 1980, p. 27). The variability of the northern edge of the monsoon’s woodlands, Madrean evergreen monsoon precipitation across a region range, receives less and more variable woodlands, desert scrub drainages, may result in areas with favorable rainfall than northwestern Mexico desert grassland drainages, and adjacent conditions for western yellow-billed (National Weather Service 2019, p. 2). desert and grassland vegetation (Brown cuckoo nesting in one year and less Humid conditions created by the 1994, pp. 59–62; Wallace et al. 2013a, p. favorable in a different year. In years of North American Monsoon (Erfani and 2,102). The hydrologic processes in high insect abundance, western yellow- Mitchell 2014, pp. 13,096–13,097; Madrean evergreen woodlands, semi- billed cuckoos lay larger clutches (three National Weather Service 2019, p. 2) desert and desert scrub drainages, and to five eggs rather than two), a larger and related surface and subsurface semi-desert and desert grassland percentage of eggs produce fledged moisture appear to be important for the drainages of southeastern Arizona are young, and they breed multiple times western yellow-billed cuckoo. The different than the rest of the range of the (two to three nesting attempts rather species is restricted to nesting in moist western yellow-billed cuckoo. These than one) (Laymon et al. 1997, pp. 5–7). riparian habitat or in drainages that upland habitats on gently rolling Therefore, we identify the presence of bisect semi-desert, desert grasslands, hillsides are interspersed with abundant, large insect fauna (e.g., semi-desert, desert scrub, and Madrean intermittent or ephemeral drainages. cicadas, caterpillars, katydids, evergreen woodland in the portions of Humidity brought on by the summer grasshoppers, crickets, large beetles, the western United States and northern monsoon may be an especially dragonflies, and moth larvae) and small Mexico because of humidity important trigger for breeding western

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yellow-billed cuckoos in this otherwise support the native plant species and germination and sufficient groundwater dry landscape. structural diversity of unaltered levels for survival of seedlings and Nesting continues through August systems, can support more adapted saplings (Stromberg 2001, pp. 27–28). and frequently into September in nonnative tree species like tamarisk or The lack of stream flow processes, southeastern Arizona, likely in response Russian olive. Western yellow-billed which deposit such sediments and clear to the increased food resources cuckoos occupy nonnative habitat out woody debris, may lead riparian associated with the seasonal summer interspersed with native habitat on the forested areas to senesce (age and rains (Corman and Wise-Gervais 2005, Colorado, Bill Williams, Verde, Gila, become less productive) and to become p. 202). For example, the big poplar Santa Cruz, San Pedro, and Rio Grande degraded and not able to support the sphinx moth is an earth pupator (larvae Rivers (Corman and Magill 2000, pp. varied vegetative structure required for burrow in the ground, and pupae 15–16, 37–48; Sonoran Institute 2008, western yellow-billed cuckoo nesting emerge under certain environmental pp. 30–34; Dockens and Ashbeck 2011a, and foraging. conditions) (Oehlke 2017, p. 5). The p. 6; Dockens and Ashbeck 2011b, p. 10; In unmanaged hydrologic systems sphinx moth has a receptor that detects McNeil et al. 2013b, p. I–1; Arizona (natural riverine systems), associated the water content of air to sense changes Game and Fish Department 2016, entire; with rangewide breeding habitat, this in humidity and when conditions are Parametrix, Inc. and Southern Sierra variability of water flow results in favorable for feeding and breeding Research Station 2019, p. 5–1). removal of stream banks and deposition (McFarland 1973, pp. 199–208; von Arx Subsurface hydrologic conditions are of soil and sediments. These sediments et al. 2012, p. 9,471). In riparian equally important to surface water provide areas for vegetation (especially woodland habitat soil, moisture and conditions in determining riparian cottonwood and willow) to colonize and humidity cue the sphinx moths to vegetation patterns. Depth to provide diverse habitat for the western emerge. In Arizona, summer monsoonal groundwater plays an important part in yellow-billed cuckoo. In managed precipitation mimics typical riparian the distribution of riparian vegetation hydrologic systems (systems controlled woodland soil moisture conditions, and western yellow-billed cuckoo by dams), stream flow is often muted which cue the sphinx moth to emerge habitat. Riparian forest trees need access and does not provide the magnitude of from the soil. Although sphinx moths to shallow groundwater to grow to the these removal and deposition events are just one of the foods eaten by appropriate size and density to provide except during flood events depending western yellow-billed cuckoos, we use habitat for nesting, foraging, and on stream-bank composition (Fremier et these moths to illustrate that the unique migrating western yellow-billed al. 2014, pp. 4–6). However, if these monsoonal conditions in southeastern cuckoos. Goodding’s willows and systems are specifically managed to Arizona contributing toward food Fremont cottonwoods do not regenerate mimic more natural conditions, some production are an important factor in successfully if the groundwater levels removal and deposition can occur. The western yellow-billed cuckoo presence fall below 6 ft (2 m) from the surface range and variation of stream flow in southeastern Arizona. (Shafroth et al. 2000, pp. 66–75). frequency, magnitude, duration, and A large proportion of the remaining Goodding’s willows cannot survive if timing that will establish and maintain occupied habitat persists in groundwater levels drop below 10 ft (3 western yellow-billed cuckoo habitat hydrologically altered systems in the m), and Fremont cottonwoods cannot can occur in both managed and Southwest where the timing, magnitude, survive if groundwater drops below 16 unmanaged flow conditions depending and frequency of natural flow have ft (5 m) (Stromberg and Tiller 1996, p. on the interaction of the water feature changed (Service 2002, pp. J1–J34). 123). Abundant and healthy riparian and its floodplain or the physical Hydrologically altered systems, with vegetation decreases and habitat characteristics of the landscape. less dynamic riverine process than becomes stressed and less productive However, successional vegetation unaltered systems, can support suitable when groundwater levels are lowered change that produces suitable habitat western yellow-billed cuckoo habitat if (Stromberg and Tiller 1996, pp. 123– consisting of varied vegetative structure suitable woodland vegetation as 127). can also occur in managed river and described above is present. As discussed Therefore, based on the information reservoir systems (and in human-altered above and in the October 3, 2014, above, we identify seasonally or river systems) when managed to mimic Federal Register listing the western perennially flowing rivers, streams, and natural stream flows, but sometimes yellow-billed cuckoo (79 FR 59992), drainages; elevated subsurface with different vegetation species human actions have cleared vegetation, groundwater tables; vegetative cover composition, at different timing, modified physical site conditions, that provides important microhabitat frequency, and magnitude than natural altered natural river processes, and conditions for successful breeding and riverine systems. For example, varying disrupted biotic interactions along prey (high humidity and cooler amounts of western yellow-billed much of the western yellow-billed temperatures); seasonal precipitation cuckoo habitat are available from cuckoo habitat in the west (Service (winter and summer) in the Southwest; month-to-month and year-to-year as a 2002, p. H–11). In the intermountain and high summer humidity as physical result of dam operations. During dry west (Idaho, Utah, Colorado), similar and biological features essential to the years, when lake levels may be low, losses and degradation of habitat have conservation of the western yellow- vegetation can be established and occurred (Parrish et al. 1999, pp. 200– billed cuckoo. mature into habitat for the western 201; Idaho Fish and Game 2005, p. 3; Conditions for germination and yellow-billed cuckoo. In wet years, this Wiggins 2005, pp. 22–27). Habitat regeneration of vegetation. The vegetation can be flooded for extended conditions are greatly influenced by abundance and distribution of fine periods of time and be stressed or killed. hydrologic regime and depth to sediment deposited on floodplains This is particularly true of areas groundwater, and native riparian during flood events is critical for the upstream of reservoirs like Lake Isabella vegetation in altered systems is unlikely development, abundance, distribution, in California, Roosevelt and Horseshoe to reestablish unless the hydrologic maintenance, and germination of Reservoirs in Arizona, and Elephant regime is restored (Stromberg et al. riparian tree species. This sediment Butte Reservoir in New Mexico, all of 2007, pp. 381–391). However, these deposition must be accompanied by which have relatively large western altered systems, which often cannot sufficient surface moisture for seed yellow-billed cuckoo populations. The

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filling and draw-down of reservoirs Cover or shelter. Riparian woodland the ground (average 22 ft (7 m)). Nests often mimics the flooding and drying (including mesquite bosques), desert at the San Pedro River averaged higher events associated with intact riparian scrub, and desert grassland drainages (29 ft (9 m)) than either the Bill woodland habitat and river systems with a tree component, and Madrean Williams River (21 ft (6 m)) or the South providing habitat for the western evergreen woodland vegetation provides Fork Kern River (16 ft (5 m)). Nest trees yellow-billed cuckoo. the western yellow-billed cuckoo with ranged from 10 ft (3 m) to 98 ft (30 m) In southern Arizona and New Mexico, cover and shelter while foraging and in height and averaged 35 ft (11 m). In where water is less available and nesting. Placing nests in dense older stands, heavily foliaged branches releases do not mimic the natural vegetation provides cover from that are suitable for nesting often grow hydrograph, riparian habitat is often predators that would search for adult out into small forest openings or over narrower, patchier, sparser, and western yellow-billed cuckoos, their sloughs or streams, making for ideal composed of more xeroriparian and eggs, nestlings, and fledged young. For nest sites. In younger stands, nests are nonriparian trees and large shrubs than example, northern harriers (Circus more often placed in vertical forks or in a free flowing river. Habitat cyaneus) prey on western yellow-billed tree crotches. Nest sites in rangewide regeneration opportunities occur less cuckoo nestlings in open riparian riparian breeding habitat are placed in frequently than in natural systems or vegetation at restoration sites. Dense willows (72 percent of 217 nests), in managed systems that mimic the natural vegetation in the habitat patch makes it generally willow-dominated sites. Nests hydrograph. Prolonged drying and difficult for northern harriers to prey on have also been documented in other flooding from reservoir management can species like the western yellow-billed riparian tree species, including Fremont also affect food resources and habitat cuckoo (Laymon 1998, pp. 12–14). As cottonwood (13 percent), mesquite (7 suitability for western yellow-billed noted above, shelter provided by the percent), tamarisk (4 percent), netleaf cuckoos. For example, food availability vegetation also contributes toward hackberry (Celtis laevigata var. is affected when prolonged inundation providing nesting sites, temperature reticulata) (2 percent), English walnut reduces survivability of ground- amelioration, and increased humidity, (Juglans regia) (1 percent), boxelder (less dwelling insects such as sphinx moth all of which assist in benefiting the life than 1 percent), and soapberry pupa or katydid eggs (Peterson et al. history of western yellow-billed cuckoo. (Sapindus saponaria) (less than 1 2008, pp. 7–9). Likewise, prolonged Therefore, we identify riparian trees, percent) (Laymon 1980, p. 8; Laymon drying reduces the vegetation available including but not limited to willow, 1998, p. 7; Hughes 1999, p. 13; Corman for prey insects to consume, so less cottonwood, alder, walnut, sycamore, and Magill 2000, p. 16; Halterman 2001, insect biomass is available for western boxelder, ash, mesquite, and tamarisk, p. 11; Halterman 2002, p. 12; Halterman yellow-billed cuckoos. that provide cover and shelter for 2003, p. 11; Halterman 2004, p. 13; In the southwestern United States, the nesting, foraging, and dispersing Corman and Wise-Gervais 2005, p. 202; North American Monsoon season, western yellow-billed cuckoos as Halterman 2005, p. 10; Halterman 2007, which peaks in July and August when physical or biological features essential p. 5; Holmes et al. 2008, p. 21). western yellow-billed cuckoos are to the conservation of the western Canopy cover directly above the nest breeding, provides about 45 percent and yellow-billed cuckoo. In more arid is generally dense (averages cover is 89 35 percent of the annual precipitation riparian woodland, desert scrub, and percent) and is denser at the South Fork for New Mexico and Arizona, desert grassland drainages with a tree Kern River (93 percent) and Bill respectively (Erfani and Mitchell 2014, component, and Madrean evergreen Williams River (94 percent) than at the p. 13,096). The increased humidity and woodland drainages of southeastern San Pedro River (82 percent). Canopy rains promote rapid and dense Arizona, in addition to the riparian closure in a plot around the nest herbaceous growth (forbs, grasses, and species above we identify oak, upland averages 71 percent and was higher at vines) in occupied habitat in riparian mesquite, hackberry, sycamore, acacia, the Bill Williams River (80 percent) than (including xeroriparian) drainages juniper, greythorn, mimosa, soapberry, at the South Fork Kern River (74 intersecting desert scrub and desert Arizona cypress, desert willow, and percent) or San Pedro River (64 percent) grassland, and Madrean evergreen pine that provide cover and shelter for (Laymon et al. 1997, pp. 22–23; woodlands. In southeastern Arizona, nesting, foraging, and dispersing Halterman 2001, pp. 28–29; Halterman Madrean evergreen woodland habitat western yellow-billed cuckoos as 2002, p. 25; Halterman 2003, p. 27; receives half of the annual precipitation physical or biological features essential Halterman 2004, p. 42; Halterman 2005, during the growing season from May to the conservation of the western p. 32; Halterman 2006, p. 34). In the through August (Brown 1994, pp. 60, yellow-billed cuckoo. intermountain west (Idaho, Utah, 62). Sites for breeding, reproduction, or Colorado), the western yellow-billed Therefore, based on the information rearing (or development) of offspring. cuckoo breeds in similar habitats as above, we identify flowing perennial Nest site characteristics in rangewide described above but are more scattered rivers and streams and deposited fine riparian woodland breeding habitat and in lower density (Parrish et al. 1999, sediments as physical and biological have been compiled from 217 western pp. 196–197; Taylor 2000, pp. 252–253; features essential to the conservation of yellow-billed cuckoo nests on the Idaho Fish and Game 2005, entire; the western yellow-billed cuckoo. These Sacramento and South Fork Kern Rivers Wiggins 2005, p. 15). Optimal breeding conditions may occur in either natural in California, and the Bill Williams and habitat in rangewide riparian breeding or regulated human-altered riverine San Pedro Rivers in Arizona. Western habitat contains willow-dominated systems. We also identify intermittent yellow-billed cuckoos generally nest in groves with dense canopy closure and and ephemeral drainages and thickets dominated by willow trees well-foliaged branches for nest building immediately adjacent upland habitat along floodplains greater than 200 ac (81 with nearby foraging areas consisting of (which receive moisture as a result of ha) in extent and greater than 325 ft (100 a mixture of cottonwoods and willows summer monsoon events and other m) in width. Nests are placed on well- with a high volume of healthy foliage. seasonal precipitation) that promote foliaged branches closer to the tip of the In a study on the lower Colorado seed germination and regeneration as branch than the trunk of the tree River, yellow-billed cuckoos nested in essential physical or biological features (Hughes 1999, p. 13). Nests are built cottonwoods (n = 95, 57.5 percent), of western yellow-billed cuckoo habitat. from 4 ft to 73 ft (1 m to 22 m) above Goodding’s willows (n = 49, 29.7

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percent), honey mesquite (Prosopis willow and cottonwood, usually within habitat. This change may reduce glandulosa) (n = 13, 7.9 percent), floodplains greater than 200 ac (81 ha) available nesting sites and patch size tamarisk (n = 5, 3.0 percent), coyote in extent and greater than 325 ft (100 m) and affect prey abundance as a result of willow (n = 2, 1.2 percent), and seep in width, with one or more densely lower humidity in riparian areas from willow (n = 1, 0.7 percent) (Parametrix, foliaged nesting areas, to be a physical reduced moisture retention, through Inc. and Southern Sierra Research or biological feature essential to the periods of prolonged desiccation, and Station 2019, Table 24 p. 89). Trees or conservation of the species. In some through increased likelihood of scouring shrubs used as nest substrates ranged in areas, we also identify southwestern flood events (Melillo et al. 2014, p. 75). height from 2.5 m (8.2 ft) to 25.0 m (82 breeding habitat (riparian habitat In addition, evidence shows that climate ft) (mean = 12.3 m (40.4 ft)). Nest (including xeroriparian and mesquite change may disrupt the synchrony of heights ranged from 1 m (3.3 ft) to 20 bosques), desert scrub and desert nesting western yellow-billed cuckoos m (66 ft) (mean = 7.6 m (24.8 ft)) grassland drainages with a tree and their food supply, causing further (Parametrix, Inc. and Southern Sierra component, and Madrean evergreen population decline and curtailment of Research Station 2019, pp. ES–3, 88). woodland drainages) that may be less its occupied range (Durst 2004, pp. 40– Cottonwood, willow, and mesquite were than the 200 ac (81 ha) area, 325 ft (100 41; Scott et al. 2004, p. 70; Visser and planted. Tamarisk was not planted and m) width with one or more nesting and Both 2005, pp. 2,561–2,569). For a more is uncommon within the revegetation foraging sites to be a physical or thorough discussion of climate change sites. biological feature essential to the and the impacts it has on habitat for the Some historical records document conservation of the species. western yellow-billed cuckoo, see the western yellow-billed cuckoo presence Effects of climate change. The final rule to list the species as during the breeding season in extensive available information on the effects of threatened published in the Federal mesquite bosques on the Santa Cruz climate change has led us to predict that Register on October 3, 2014 (79 FR River and in the semi-desert grasslands there will be altered environmental 59992 at 60023). and desert scrub xeroriparian drainages conditions across the western United of Canelo Hills; and in the Madrean States (the breeding range of the western Physical or Biological Features for the evergreen woodlands mountain yellow-billed cuckoo) (Hoerling et al. Western Yellow-Billed Cuckoo drainages of the Atascosa, Pajarito, 2012, pp. 3–15). In the southwestern According to 50 CFR 424.12(b)(1)(ii), Santa Rita, Patagonia, Huachuca, and United States, northern Mexico, we identify physical and biological Chiricahua Mountains of Southeastern California, Intermountain West, and features essential to the conservation of Arizona (Groschupf (1987, pp. 11, 14, Pacific Northwest, climate change the species at an appropriate level of 16; Corman and Magill 2000, pp. 26–29, information is generally leading us to specificity using the best available 37). In Arizona in the late 1990s, predict an overall warmer, drier climate, scientific data. This analysis will vary western yellow-billed cuckoos were with periodic episodic precipitation between species and may include documented in Sycamore Canyon and events that, depending on site consideration of the appropriate quality, Pena Blanca Canyon in the Atascosa conditions, are expected to have adverse quantity, and spatial and temporal Mountains, Canelo Hills, and in the effects on habitat of the western yellow- arrangements of such features in the desert scrub and grassland xeroriparian billed cuckoo (Enquist et al. 2008, pp. context of the life history, status, and drainages in the Altar Valley on Buenos 1–32; Gardali et al. 2012, pp. 8–10; conservation needs of the species. Aires National Wildlife Refuge (Corman Munson et al. 2012, pp. 1,083–1,095). In Based on our current knowledge of and Magill (2000, pp. 38, 40–44, 48, 51). rivers that depend on snowmelt, these the habitat characteristics required to The first oak nest documented in a changes are expected to result in more sustain the species’ life-history Madrean evergreen woodland drainage winter flooding and reduced summer processes including breeding, foraging, was found in the lower Santa Rita stream flows (Dominguez et al. 2012, and dispersing, we propose to Mountains in 2014 (Tucson Audubon pp. 1–7). The amount of surface and determine that the specific physical or 2015, p. 44). groundwater available to regenerate and biological features essential to the In a study to confirm western yellow- sustain riparian forests is expected to conservation of the western yellow- billed cuckoo breeding in ephemeral decline overall with persistent drought, billed cuckoo are composed of three xeroriparian drainages in Madrean favor the spread of tamarisk and other components below: evergreen woodland, desert and semi- nonnative vegetation, and increase fire Physical or Biological Feature 1— desert scrub, and semi-desert grassland frequency (Westerling et al. 2006, pp. Riparian woodlands; mesquite habitats, 18 nests were found in 15 942–943; McCarthy 2012, pp. 23–25). woodlands (mesquite-thorn-forest), and drainages in the lower Santa Catalina, Precipitation events under most Madrean evergreen woodland drainages. lower Santa Rita, Patagonia, and lower climate change scenarios within the This physical or biological feature Atascosa Mountains; and in the bajadas range of the DPS will decrease in includes breeding habitat found and foothill drainages of Buenos Aires frequency and increase in severity throughout the DPS range as well as National Wildlife Refuge (Sferra et al. (Dominguez et al. 2012, pp. 4–7; Melillo additional breeding habitat 2019, pp. 9–10). Trees where nests were et al. 2014, pp. 70–81). Impacts to characteristics unique to the Southwest. placed varied in size and amount of habitat from climate change will a. Rangewide breeding habitat cover, ranging from small to large trees exacerbate impacts from (including areas in the Southwest). and from well-concealed nests to impoundments, channelization, and Rangewide breeding habitat is partially exposed nests (Service 2018, alteration of river flows across the composed of woodlands within entire). All but one nest was located western United States and Mexico, and floodplains or in upland areas or along the drainage bottoms (See section from conversion of habitat from native terraces often greater than 325 ft (100 m) on southwestern breeding (nesting) to mostly nonnative vegetation (Glenn in width and 200 ac (81 ha) or more in habitat for general Madrean evergreen and Nagler 2005, p. 439; Bradley et al. extent with an overstory and understory woodland breeding habitat 2009, pp. 1514–1519; IPCC 2014, pp. 4– vegetation component in contiguous or characteristics). 11). nearly contiguous patches adjacent to Therefore, we identify rangewide Changing climate is expected to place intermittent or perennial watercourses. riparian woodland generally containing added stress on the species and its The slope of the watercourses is

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generally less than 3 percent but may be a. Rangewide breeding habitat with a tree component; or Madrean greater in some instances. Nesting sites hydrologic processes (including the evergreen woodland drainages. Based within the habitat have an above- Southwest): Hydrologic processes on use of the areas as breeding, we average canopy closure (greater than 70 (either natural or managed) in river and conclude that all of the areas identified percent), and have a cooler, more humid reservoir systems that encourage contain all or most of the physical or environment than the surrounding sediment movement and deposits and biological features, but in some cases, riparian and upland habitats. promote riparian tree seedling these features are less prevalent, or their b. Southwestern breeding habitat. germination and plant growth, presence is variable over time due to the Southwestern breeding habitat is maintenance, health, and vigor (e.g., changing nature of habitat from composed of more arid riparian lower-gradient streams and broad hydrologic processes. As stated above, woodlands (including mesquite floodplains, elevated subsurface all critical habitat units within the bosques), desert scrub and desert groundwater table, and perennial rivers revised proposed critical habitat are grassland drainages with a tree and streams). In some areas where considered to have been occupied at the component, and Madrean evergreen habitat is being restored, such as on time of listing. woodlands (oak and other tree species), terraced slopes above the floodplain, Special Management Considerations or in perennial, intermittent, and this may include managed irrigated Protection ephemeral drainages. These more arid systems that may not naturally flood riparian woodland drainages also bisect due to their elevation above the When designating critical habitat, we other habitat types, including Madrean floodplain. assess whether the specific areas within evergreen woodland, native and b. Southwestern breeding habitat the geographical area occupied by the nonnative desert grassland, and desert hydrologic processes: In southwestern species at the time of listing contain scrub. More than one habitat type breeding habitat, elevated summer features that are essential to the within and adjacent to the drainage may humidity and runoff resulting from conservation of the species and which contribute toward nesting habitat. seasonal water management practices or may require special management Southwestern breeding habitat is more weather patterns and precipitation considerations or protection. Here we water-limited, contains a greater (typically from North American describe the type of special management proportion of xeroriparian and Monsoon or other tropical weather considerations or protection that may be nonriparian plant species, and is often events) provide suitable conditions for required for the physical or biological narrower, more open, patchier, or prey species production and vegetation features identified for the western sparser than elsewhere in the DPS and regeneration and growth. Elevated yellow-billed cuckoo above. The may persist only as narrow bands or humidity is especially important in specific critical habitat units and scattered patches along the bankline or southeastern Arizona, where cuckoos subunits where these management as small in-channel islands. The habitat breed in intermittent and ephemeral considerations or protection are contains a tree or large-shrub drainages. identified in table 2 below. component with a variable overstory Because the western yellow-billed A detailed discussion of activities canopy and understory component that cuckoo exists in noncontiguous areas influencing the western yellow-billed is sometimes less than 200 ac (81 ha). across a wide geographical and cuckoo and its habitat can be found in Riparian trees (including xeroriparian) elevational range and its habitat is the final listing rule (79 FR 59992, in these ecosystems may even be more subject to dynamic events, the areas October 3, 2014). The above-described sparsely distributed and less prevalent described below are essential to the physical or biological features (PBFs) than nonriparian trees. Adjacent habitat conservation of the western yellow- may require special management may include managed (mowed) billed cuckoo because they provide considerations or protection to reduce nonnative vegetation or terraces of opportunities for breeding, allow for the following threats or potential mesquite or other drought-tolerant connectivity between habitat, assist in threats: Disruption of hydrologic species within the floodplain. In narrow dispersal, provide redundancy to processes that are necessary to maintain or arid ephemeral drainages, breeding protect against catastrophic loss, and a healthy riparian system; unauthorized habitat commonly contains a mix of provide representation of the varying or uncontrolled grazing; loss of habitat nonriparian vegetation found in the base habitat types used for breeding, thereby from development activities and habitat as well as riparian (including helping to sustain the species. The extractive uses (sand or gravel xeroriparian) trees. physical or biological features essential extraction); degradation of habitat as a Physical or Biological Feature 2— to the conservation of the western result of expansion of nonnative Adequate prey base. Presence of prey yellow-billed cuckoo are present in the vegetation; destruction of habitat by base consisting of large insect fauna (for areas proposed to be designated, but the uncontrolled wildfire; reduction of prey example, cicadas, caterpillars, katydids, specific quality of habitat for nesting, insect abundance by the unauthorized grasshoppers, large beetles, dragonflies, migration, and foraging will vary in or improper application of pesticides; moth larvae, spiders), lizards, and frogs condition and location over time due to removal of habitat by biocontrol insects; for adults and young in breeding areas plant succession and the dynamic and habitat loss and degradation from during the nesting season and in post- environment in which they exist. As a invasive nonnative pest insects. More breeding dispersal areas. result, the areas that are proposed for specific activities which may need Physical or Biological Feature 3— designation may not contain at any one special management are identified in Hydrologic processes, in natural or time all of the physical and biological table 2, below. altered systems, that provide for features that have been identified for the Special management considerations maintaining and regenerating breeding western yellow-billed cuckoo, but all or protection are required within critical habitat. This physical or biological areas contain at least one. habitat areas to address these threats. feature includes hydrologic processes We define revised proposed critical Management activities that could found in rangewide breeding habitat as habitat as areas that contain at least ameliorate these threats include (but are well as additional hydrologic processes physical or biological feature number 1 not limited to) the following: unique to the Southwest in (including mesquite bosques); desert Monitoring and regulating stream flows southwestern breeding habitat: scrub and desert grassland drainages below reservoirs to mimic natural

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flooding and other hydrologic processes Summaries of more specific changes are Strategy and Selection Criteria Used To to help maintain habitat; establishing outlined below. Identify Critical Habitat). In our permanent conservation easements or (1) Revision of the Physical or reevaluation we took into account the land acquisition to protect the species Biological Features: As outlined above importance of the Southwest as the and its habitat; minimizing habitat in the Critical Habitat section, we main breeding area for the western disturbance, fragmentation, and revised our definition of the physical or yellow-billed cuckoo as well as destruction through use of best biological features essential to the including areas of differing habitat and management practices; and providing conservation of the species to describe distribution. and incorporate more accurately the appropriate buffers around western (3) Landownership Identification: We habitat used by the western yellow- yellow-billed cuckoo habitat. received numerous comments from billed cuckoo for breeding, especially in Federal, State, local, and private Changes Between Previous Proposal the monsoonal breeding habitat. These landowners regarding discrepancies in and Current Revised Proposal changes were made as a result of land ownership identifications. In On August 15, 2014, we proposed comments received on habitat use of the response to these comments, we have approximately 546,335 ac (221,094 ha) western yellow-billed cuckoo and a attempted to the best of our ability to in 80 units for the western yellow-billed reevaluation of the types of habitat used cuckoo (79 FR 48548). We are now and habitat requirements of the western reconcile these discrepancies by using proposing approximately 493,665 ac yellow-billed cuckoo across its range, information provided in the docket or (199,779 ha) in 72 units as critical specifically in regard to western yellow- using newer land ownership habitat in Arizona, California, Colorado, billed cuckoos using monsoonal type information where available. We are Idaho, New Mexico, Texas, and Utah. habitats in addition to what has been currently asking for any updated Approximately 164,248 ac (66,484 ha) of considered more typical riparian landownership information during the areas previously proposed as critical habitats. Because of the variable public comment period for this habitat are no longer being proposed as ecological conditions, characteristics, proposed rule (see Ownership Mapping critical habitat (30 percent reduction of and use of habitat by the western Considerations). previous proposal). Based on new yellow-billed cuckoo across the species’ Revised Proposed Critical Habitat information and our conservation range, information obtained from the Designation strategy, we are also proposing new comments received indicated that we areas totaling approximately 26,061 ac needed to be more specific about the We are proposing 72 units as critical (10,547 ha) (5 percent). The remainder habitat differences and habitat habitat for the western yellow-billed 467,604 ac (189,233 ha) are areas we requirements for the species and cuckoo. The critical habitat areas we previously proposed in 2014. This include that range of habitat in the describe below constitute our current change and other changes below were revised proposal (see Physical or best assessment of areas that meet the partly the result of comments and Biological Features for the Western definition of critical habitat for the information received on the previous Yellow-Billed Cuckoo). western yellow-billed cuckoo. Table 1 proposal (from peer reviewers; Federal, (2) Reevaluation of Conservation below identifies the units (in acres State, and local land management Strategy for Determining Critical (hectares)) within the geographical area agencies; and the public), corrections, Habitat: In development of this revised occupied by the species at the time of and our reevaluation of the areas proposed designation, we reevaluated listing that contain the physical or considered as essential to the our conservation strategy for biological features that support multiple conservation of the species. The determining which areas to consider as life-history processes for the western comments and information received on critical habitat for the western yellow- yellow-billed cuckoo. Land areas the 2014 proposal are available online at billed cuckoo to better reflect the identified as ‘‘Other’’ include county, https://www.regulations.gov/ biological information and conservation city, unclassified, or unknown land docket?D=FWS-R8-ES-2013-0011. needs of the species (see Conservation ownerships. TABLE 1—REVISED PROPOSED CRITICAL HABITAT UNITS FOR WESTERN YELLOW-BILLED CUCKOO

Federal State Tribal Other Total Unit name Unit AC HA AC HA AC HA AC HA AC HA

CA–AZ 1 Colorado River 1 ...... 1 31,351 12,687 4,207 1,702 22,315 9,031 24,265 9,820 82,138 33,240 CA–AZ 2 Colorado River 2 ...... 2 15,189 6,146 2 1 4,732 1,915 3,668 1,484 23,589 9,546 AZ 1 Bill Williams River ...... 3 2,640 1,068 ...... 749 303 3,389 1,371 AZ 2 Alamo Lake ...... 4 1,840 745 ...... 953 386 2,793 1,130 AZ 3 Hassayampa River ...... 5 12 5 ...... 896 362 908 367 AZ 4 Agua Fria River ...... 6 1,802 729 235 95 ...... 1,300 527 3,336 1,350 AZ 5 Upper Verde Creek ...... 7 2,504 1,013 821 332 191 77 2,531 1,024 6,047 2,447 AZ 6 Oak Creek ...... 8 596 241 160 65 ...... 1,475 597 2,231 903 AZ 7 Beaver Creek ...... 9 1,491 603 ...... 3 1 588 238 2,082 842 AZ 8 Lower Verde/West Clear Ck ...... 10 570 231 32 13 43 17 1,534 621 2,178 882 AZ 9A Horseshoe Dam ...... 11 2,743 1,110 ...... 2,743 1,110 AZ 9B Horseshoe Dam ...... 11 1,194 483 ...... 37 15 1,231 498 AZ 10 Tonto Creek ...... 12 2,529 1,023 ...... 1,141 462 3,669 1,485 AZ 11 Pinal Creek ...... 13 30 12 ...... 389 157 419 169 AZ 12 Bonita Creek ...... 14 828 335 ...... 101 40 928 375 AZ 13 San Francisco River ...... 15 1,192 482 ...... 135 55 1,327 537 AZ 14 Upper San Pedro River .. 16 17,958 7,267 1,903 770 ...... 11,199 4,532 31,060 12,569 AZ 15 Lower San Pedro/Gila River ...... 17 2,957 1,197 2,282 925 729 295 17,431 7,055 23,400 9,470 AZ 16 Sonoita Creek ...... 18 ...... 926 375 ...... 1,563 632 2,488 1,007 AZ 17 Upper Cienega Creek .... 19 4,630 1,874 574 232 ...... 5,204 2,106 AZ 18 Santa Cruz River ...... 20 505 204 4 2 ...... 9,034 3,656 9,543 3,862

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TABLE 1—REVISED PROPOSED CRITICAL HABITAT UNITS FOR WESTERN YELLOW-BILLED CUCKOO—Continued

Federal State Tribal Other Total Unit name Unit AC HA AC HA AC HA AC HA AC HA

AZ 19 Black Draw ...... 21 896 362 134 54 ...... 570 231 1,599 647 AZ 20 Gila River 1 ...... 22 779 315 215 87 10,183 4,121 9,547 3,863 20,724 8,387 AZ 21 Salt River ...... 23 2,469 999 ...... 121 49 2,590 1,048 AZ 22 Lower Cienega Creek .... 24 ...... 759 307 ...... 1,601 648 2,360 955 AZ 23 Blue River ...... 25 1,025 415 ...... 1,025 415 AZ 24 Pinto Creek South ...... 26 368 149 ...... 5 2 373 151 AZ 25 Aravaipa Creek ...... 27 622 252 116 47 392 159 2,199 890 3,329 1,347 AZ 26 Gila River 2 ...... 28 1,953 791 206 83 1,436 581 4,994 2,021 8,588 3,475 AZ 27 Pinto Creek North ...... 29 415 168 ...... 12 5 427 173 AZ 28 Mineral Creek ...... 30 1 0 198 80 ...... 180 73 380 154 AZ 29 Big Sandy River ...... 31 5,269 2,132 1,453 588 236 96 13,221 5,351 20,179 8,166 NM 1 San Francisco River ...... 32 738 299 10 4 ...... 1,291 522 2,039 825 NM 2 Gila River ...... 33 974 394 201 81 ...... 3,002 1,215 4,177 1,690 NM 3A Mimbres River ...... 34 ...... 260 105 260 105 NM 3B Mimbres River ...... 34 ...... 285 115 284 115 NM 4 Upper Rio Grande 1 ...... 35 ...... 1,313 531 517 209 1,830 741 NM 5 Upper Rio Grande 2 ...... 36 ...... 1,173 475 ...... 1,173 475 NM 6A Middle Rio Grande ...... 37 ...... 7 3 6,273 2,539 958 388 7,238 2,929 NM 6B Middle Rio Grande ...... 37 11,802 4,776 21,907 8,865 2,257 913 25,376 10,270 61,343 24,825 NM 7 Upper Gila River ...... 38 1,086 440 188 76 ...... 3,453 1,397 4,727 1,913 NM 8A Caballo Delta North ...... 39 190 77 ...... 190 77 NM 8B Caballo Delta South ...... 39 155 63 ...... 155 63 NM 9 Animas ...... 40 ...... 608 246 608 246 NM 10 Selden Cyn/Radium Springs ...... 41 20 8 ...... 218 88 237 96 AZ 30 Arivaca Wash/San Luis .. 42 4,662 1,887 89 36 ...... 1,014 410 5,765 2,333 AZ 31 Florida Wash...... 43 449 182 255 103 ...... 43 18 747 302 AZ 32 California Gulch ...... 44 376 152 ...... 182 73 558 226 AZ 33 Sycamore Canyon ...... 45 601 243 ...... 0 0 601 243 AZ 34 Madera Canyon ...... 46 1,419 574 ...... 313 127 1,732 701 AZ 35 Montosa Canyon ...... 47 496 201 ...... 3 1 499 202 AZ 36 Patagonia Mountains ..... 48 1,059 429 8 3 ...... 845 341 1,912 774 AZ 37 Canelo Hills ...... 49 1,381 559 1 1 ...... 1,440 583 2,822 1,142 AZ 38 Arivaca Lake ...... 50 567 229 417 169 ...... 381 154 1,365 553 AZ 39 Peppersauce Canyon ..... 51 317 128 ...... 32 13 349 141 AZ 40 Pena Blanca Canyon ..... 52 483 196 ...... 484 196 AZ 41 Box Canyon ...... 53 317 128 184 74 ...... 34 14 536 217 AZ 42 Rock Corral Canyon ...... 54 190 77 25 10 ...... 214 87 AZ 43 Lyle Canyon ...... 55 716 290 ...... 577 234 1,293 523 AZ 44 Parker Canyon Lake ...... 56 1,424 576 ...... 75 31 1,499 607 AZ 45 Barrel Canyon ...... 57 755 306 ...... 164 66 920 372 AZ 46 Gardner Canyon ...... 58 4,320 1,748 290 117 ...... 471 191 5,081 2,056 AZ 47 Brown Canyon ...... 59 726 294 228 92 ...... 159 65 1,113 451 AZ 48 Sycamore Canyon/Pata- gonia ...... 60 604 245 ...... 604 245 AZ 49 Washington Gulch ...... 61 361 146 ...... 226 91 587 237 AZ 50 Paymaster Spring/Mowry 62 390 158 ...... 512 207 903 365 CA 1 Sacramento River ...... 63 2,123 859 485 197 ...... 32,800 13,274 35,406 14,328 CA 2 South Fork Kern River ..... 64 88 35 419 170 ...... 2,133 863 2,640 1,068 ID 1 Snake River 1 ...... 65 3,694 1,494 1,763 713 2,527 1,023 1,672 676 9,655 3,907 ID 2 Snake River 2 ...... 66 5,862 2,372 1,940 785 ...... 3,641 1,473 11,442 4,630 ID 3 Henry’s Fork/Teton Rivers 67 756 305 511 206 ...... 3,374 1,366 4,641 1,878 CO 1 Colorado River ...... 68 32 13 417 169 ...... 3,553 1,438 4,002 1,620 CO 2 North Fork Gunnison ...... 69 115 47 ...... 2,211 895 2,326 941 UT 1 Green River 1 ...... 70 4,657 1,885 4,411 1,785 14,611 5,913 4,702 1,903 28,381 11,486 UT 2 Green River 2 ...... 71 40 17 632 256 ...... 462 187 1,135 459 TX 1 Terlingue Creek/Rio Grande ...... 72 7,792 3,153 ...... 121 49 7,913 3,202

Totals ...... 168,095 68,023 48,615 19,673 68,414 27,687 208,547 84,397 493,665 199,779 Note: Area sizes do not sum due to rounding.

We also provide information on management considerations include encroachment; and (3) other identified special management considerations or actions to address the main threats to threats. These threats and special protection that may be required for the western yellow-billed cuckoo habitat management considerations are physical or biological features essential and are grouped into three categories: summarized in table 2. See end of table to the conservation of the species within (1) Threats from alteration of hydrology; for definition of codes. each of those units. The special (2) threats from floodplain TABLE 2—THREATS TO HABITAT AND POTENTIAL SPECIAL MANAGEMENT CONSIDERATIONS

Threats from Threats from Unit Name of unit alteration of floodplain Other threats Special mgt. hydrology encroachment

1 ... CA/AZ–1 Colorado River 1 ...... A, B, C E, F, G, H, I, J K, L, M, N, P R, S, T.

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TABLE 2—THREATS TO HABITAT AND POTENTIAL SPECIAL MANAGEMENT CONSIDERATIONS—Continued

Threats from Threats from Unit Name of unit alteration of floodplain Other threats Special mgt. hydrology encroachment

2 ... CA/AZ–2 Colorado River 2 ...... A, B, C E, F, G, H, I, J K, L, M, N, P R, S, T. 3 ... AZ–1 Bill Williams River ...... A, B, C ...... K, M, N, P R, T. 4 ... AZ–2 Alamo Lake ...... B, C, D F K, M, N, P, Q R, S, T. 5 ... AZ–3 Hassayampa River ...... B, C E, F, G, H, I, J K, L, M, N, P R, S, T. 6 ... AZ–4 Agua Fria River ...... A, B, C F, G, I K, L, M, N, P R, S, T. 7 ... AZ–5 Upper Verde River ...... B, C F, G, I K, M, N, P R, S, T. 8 ... AZ–6 Oak Creek ...... B, C F, G, I K, M, N, P, Q R, S, T. 9 ... AZ–7 Beaver Creek ...... B, C F, G, I K, M, N, P R, S, T. 10 AZ–8 Lower Verde R./West Clear Creek ...... A, B, C F, G, I K, M, N, P R, S, T. 11 AZ–9A Horseshoe Dam ...... A, B, C, D I K, M, N,P,Q R, S, T. 11 AZ–9B Horseshoe Dam ...... A, B, C, D I K, M, N,P,Q R, S, T. 12 AZ–10 Tonto Creek ...... B, C, D F, G, I K, M, N, P, Q R, S, T. 13 AZ–11 Pinal Creek ...... B, C F, G, I, J K, L, M, N, P R, S, T. 14 AZ–12 Bonita Creek ...... B, C F, I K, M, N, P, Q R, S, T. 15 AZ–13 San Francisco River ...... B, C F, I K, M, N, P R, S, T. 16 AZ–14 Upper San Pedro River ...... B, C E, F, G, I K, L, M, N, P, Q R, S, T. 17 AZ–15 Lower San Pedro and Gila Rivers ...... A, B, C E, F, G, H, I K, L, M, N, P R, S, T. 18 AZ–16 Sonoita Creek ...... B, C, D F, G, I K, M, N, P, Q R, S, T. 19 AZ–17 Upper Cienega Creek ...... B, C F, G, I K, M, N, O, P, Q R, S, T. 20 AZ–18 Santa Cruz River ...... B, C E, F, G, H, I K, L, M, N, P R, S, T. 21 AZ–19 Black Draw ...... B, C F K, M, N, P R, S, T. 22 AZ–20 Gila River 1 ...... A, B, C E, F, G, H K, L, M, N, P R, S, T. 23 AZ–21 Salt River ...... A, B, C, D F, G, I K, M, N, P R, S, T. 24 AZ–22 Lower Cienega Creek ...... B, C E, F, G, I, J K, L, M, N, O, P R, S, T. 25 AZ–23 Blue River ...... A, B, C G, I, J K, M, N, P R, S, T. 26 AZ–24 Pinto Creek South ...... A, B, C F, G, I, J K, N, P R, S, T. 27 AZ–25 Aravaipa Creek ...... B, C E, F, I, J K, M, N, P R, S, T. 28 AZ–26 Gila River 2 ...... A, B, C F, G, I, J K, N, P R, S, T. 29 AZ–27 Pinto Creek North ...... B, C F, I, J K, N, P R, S, T. 30 AZ–28 Mineral Creek ...... B, C E, F K, O, P, Q R, S, T. 31 AZ–29 Big Sandy River ...... B, C E, F,G, I, K, L, N, P, Q R, S, T. 32 NM–1 San Francisco River ...... B, C E, F, G, H, I K, L, M, N R, S, T. 33 NM–2 Gila River ...... B, C E, F, G, I, J K, L, M, N R, S, T. 34 NM–3A Mimbres River ...... B, C F, I K, M, N R, S, T. 34 NM–3B Mimbres River ...... B, C F, I K, M, N R, S, T. 35 NM–4 Upper Rio Grande 1 ...... A, B, C E, F, G, H, I K, L, M, N R, S, T. 36 NM–5 Upper Rio Grande 2 ...... A, B, C E, F, G, H, I, J K, L, M, N R, S, T. 37 NM–6A Middle Rio Grande ...... A, B, C, D E, F, G, H, I, J K, L, M, N R, S, T. 37 NM–6B Middle Rio Grande ...... A, B, C, D E, F, G, H, I, J K, L, M, N R, S, T. 38 NM–7 Upper Gila River ...... B, C E, F, G, I, J K, L, M, N R, S, T. 39 NM–8A Caballo Delta North ...... A, B, C, D E, F, G, I K, L, M, N, O, P, R, S, T. Q 39 NM–8B Caballo Delta South ...... A, B, C, D E, F, G, I K, L, M, N, O, P, R, S, T. Q 40 NM–9 Animas ...... B, C F O, P T. 41 NM–10 Selden Canyon and Radium Springs ...... A, B, C E, F, G, H, I L, M, N, O, P, Q R, S, T. 42 AZ–30 Arivaca Wash and San Luis Wash ...... B, C F, I K, M, N, P R, S, T. 43 AZ–31 Florida Wash ...... B, C E, F, G, I, J K, M, N, P R, S, T. 44 AZ–32 California Gulch ...... B, C F, G, I K, M, N, O, P, Q R, S, T. 45 AZ–33 Sycamore Canyon ...... A, B, C F, G, I K, M, N, O, P, Q R, S, T. 46 AZ–34 Madera Canyon ...... B, C F, G, I K, M, N, O, P, Q R, S, T. 47 AZ–35 Montosa Canyon ...... B, C F, I K, M, N, O, P, Q R, S, T. 48 AZ–36 Patagonia Mountains. 49 AZ–37 Canelo Hills. 50 AZ–38 Arivaca Lake ...... A, B, C F, G, I, J K, M, N, O, P, Q R, S, T. 51 AZ–39 Peppersauce Canyon ...... B, C F, G, I K, M, N, O, P, Q R, S, T. 52 AZ–40 Pena Blanca Canyon ...... B, C F, I K, M, N, O, P, Q R, S, T. 53 AZ–41 Box Canyon ...... B, C F, G, I K, M, N, O, P, Q R, S, T. 54 AZ–42 Rock Corral Canyon ...... B, C F, I K, M, N, O, P, Q R, S, T. 55 AZ–43 Lyle Canyon ...... B, C F, I K, M, N, O, P, Q R, S, T. 56 AZ–44 Parker Canyon Lake ...... A, B, C F, G, I K, M, N, O, P, Q R, S, T. 57 AZ–45 Barrel Canyon ...... A, B, C F, G, I K, M, N, O, P, Q R, S, T. 58 AZ–46 Gardner Canyon ...... B, C I K, M, N, O, P, Q R, S,T. 59 AZ–47 Brown Canyon ...... B, C F, I K, N, O, P, Q R, S, T. 60 AZ–48 Sycamore Canyon ...... B, C F, I K, N, O, P, Q R, S, T. 61 AZ–49 Washington Gulch ...... B, C F, I K, N, O, P, Q R, S, T. 62 AZ–50 Paymaster Spring ...... B, C F, I K, N, O, P, Q R, S, T. 63 CA–1 Sacramento River ...... A, B, C E, F, G, H, I, J K, L, M, N R, S, T. 64 CA–2 South Fork Kern River ...... A, B, C, D E, F, G, H, I K, L, M, N R, S, T. 65 ID–1 Snake River 1 ...... A, B, C, D E, F, G, H, I K, L, M, N R, S, T. 66 ID–2 Snake River 2 ...... A, B, C E, F, G, H, I K, L, M, N R, S, T. 67 ID–3 Henry’s Fork and Teton Rivers ...... A, B, C E, F, G, H, I K, L, M, N R, S, T. 68 CO–1 Colorado River ...... A, B, C E, F, G, H, I, J K, L, M, N R, S, T. 69 CO–2 North Fork Gunnison R ...... B, C E, F, G, H, I, J K, L, M, N R, S, T. 70 UT–1 Green River 1 ...... A, B, C E, F, G, H, I, J K, L, M, N R, S, T. 71 UT–2 Green River 2 ...... A, B, C E, F, G, H, I, J K, L, M, N R, S, T. 72 TX–2 Terlingua Creek and Rio Grande ...... A, B, C ...... K, M, N R, S, T.

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Definition of Codes these will be included in the supporting cottonwood, and tamarisk (Parametrix, Threats from alteration of hydrology: materials posted on http:// Inc. and Southern Sierra Research (A) Change in hydrology from www.regulations.gov at Docket No. Station 2016, p. 2). Other trees or large upstream dams; FWS–R8–ES–2013–0011. shrubs also used for nesting include honey mesquite (Prosopis glandulosa (B) surface water diversions; Unit 1: CA/AZ–1 Colorado River 1; and P. pubescens), seep willow, and (C) groundwater extraction; and Imperial, Riverside, and San Bernardino coyote willow (S. exigua) (Parametrix, (D) fluctuating reservoir levels. Counties, California, and Yuma and La Inc. and Southern Sierra Research Threats from floodplain Paz Counties, Arizona Station 2016, p. 2). Altered hydrology encroachment: Revised proposed critical habitat Unit (E) Agricultural activities; has contributed to the establishment of CA/AZ–1 is 82,138 ac (33,240 ha) in tamarisk. Although tamarisk is not as (F) other development (residential, extent including a 150-mi (242-km) commercial, etc.); desirable as native habitat, it contributes stretch of the Colorado River in Arizona toward habitat suitability in areas where (G) bank stabilization; and California. Approximately 31,351 ac (H) levee construction and the native tree density can no longer be (12,687 ha) is in Federal ownership; sustained. maintenance; 4,207 ac (1,702 ha) is in State (I) road and bridge construction and ownership; 22,315 ac (9,031 ha) is in Unit 2: CA/AZ–2 Colorado River 2; San maintenance; and Tribal ownership; and 24,265 ac (9,820 Bernardino County, California and (J) gravel mining. ha) is in other ownership. This unit Mohave County, Arizona Other threats: contains areas where habitat restoration Revised proposed critical habitat unit (K) Overgrazing; efforts have been conducted and CA/AZ–2 is 23,589 ac (9,546 ha) in (L) pesticide drift; monitored. The unit provides the extent. It is a 23-mi (37-km)-long (M) woodcutting; habitat component provided in physical continuous segment of the Colorado (N) recreational activities or biological feature 1 (PBF 1) and the River between the Interstate 40 Bridge, (unauthorized off-highway-vehicle use); prey component in physical or including Topock Marsh in San (O) on- or off-site mining (other than biological feature 2 (PBF 2). Hydrologic Bernardino County, California, and gravel mining); processes, in natural or altered systems, upstream to the Arizona-Nevada border (P) impacts from human-caused that provide for maintaining and in Mojave County, Arizona. wildfires; regenerating breeding habitat as Approximately 15,189 ac (6,146 ha), is (Q) disturbance from human foot identified in physical or biological in Federal ownership; 2 ac (less than 1 traffic, vehicular traffic, and associated feature 3 (PBF 3) occurs within this unit ha) is in State ownership; 4,732 ac noise. but depends on river flows and flood (1,915 ha), is in Tribal ownership; and Special management considerations: timing. This unit is considered to have 3,668 ac (1,484 ha) is in other (R) Manage hydrology to mimic been occupied at the time of listing and ownership. The site has a small existing natural flows and floodplain/drainage is used by the western yellow-billed number of western yellow-billed processes; cuckoo during the breeding season. This cuckoos. The unit provides the habitat (S) prevent encroachment into unit is part of the core area as identified component provided in physical or floodplain/drainage; in our conservation strategy for biological feature 1 (PBF 1) and the prey (T) control expansion of nonnative designating critical habitat for the component in physical or biological vegetation where control benefits native western yellow-billed cuckoo. feature 2 (PBF 2). Hydrologic processes, vegetation (the positive and negative The unit supports a small existing in natural or altered systems, that impacts of nonnative vegetation removal number of breeding western yellow- provide for maintaining and should be carefully evaluated if it is a billed cuckoos. Habitat restoration has regenerating breeding habitat as component of existing habitat (i.e., been and continues to be implemented identified in physical or biological tamarisk) in areas of altered hydrology); at Palo Verde Ecological Reserve and feature 3 (PBF 3) occurs within this unit and several other locations under the Lower but depends on river flows and flood (U) control invasive nonnative pest Colorado River Multi-species timing. This unit is considered to have insects and manage habitat loss and Conservation Program (Parametrix, Inc. been occupied at the time of listing and degradation from areas infested. and Southern Sierra Research Station is used by the western yellow-billed It should be noted that the effects of 2016, pp. 1–2). This program includes cuckoo during the breeding season. climate change may influence conservation measures to avoid, Habitat restoration efforts (such as tree streamflow, groundwater, wildfire, minimize, and mitigate the potential planting) to augment existing habitat are nonnative vegetation and other aspects effects from water diversions and other currently being implemented within the of western yellow-billed cuckoo habitat covered activities on species and their unit and the habitat is being used by the within the proposed critical habitat. habitat (Lower Colorado River Multi- species. This unit is part of the core area Because climate change is not a single Species Conservation Program 2004, pp. as identified in our conservation threat but a condition that influences 1–4, 1–5). The use of flood irrigation strategy for designating critical habitat other impacts to habitat, we did not and staggered planting at revegetation for the western yellow-billed cuckoo. identify climate change as a single sites has produced multi-storied threat component. cottonwood and willow habitat. Unit 3: AZ–1 Bill Williams; Mohave and Breeding western yellow-billed cuckoos La Paz Counties, Arizona Unit Descriptions are colonizing these restoration sites Revised proposed critical habitat unit Below we present brief descriptions of during the breeding season as soon as AZ–1 is 3,389 ac (1,371 ha) in extent the revised proposed units, their extent, they provide suitable breeding habitat, and is an 11-mi (18-km)-long and reasons why they are essential. For often within 2 to 5 years of planting continuous segment of the Bill Williams readers interested in the underlying (Parametrix, Inc. and Southern Sierra River, a tributary to the Colorado River, information and data supporting these Research Station 2016, p. 34). The main from the upstream end of Lake Havasu unit descriptions (e.g., cited literature, nesting tree species in this unit include upstream to Castaneda Wash in Mojave permit reports, and other survey efforts), Goodding’s willow, Fremont and La Paz Counties, Arizona.

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Approximately 2,640 ac (1,068 ha), is in designating critical habitat for the continuous segment of the Agua Fria Federal ownership and 749 ac (303 ha) western yellow-billed cuckoo. River (called Ash Creek above the is in other ownership. This site is confluence with Sycamore Creek), Unit 5: AZ–3 Hassayampa River; important for breeding western yellow- which is joined by a 5-mi (8-km)-long Maricopa County, Arizona billed cuckoos as one of the historically continuous segment of a tributary called largest and most stable breeding areas Revised proposed critical habitat unit Sycamore Creek. Other portions of (Gaines and Laymon 1984, p. 71; AZ–3 is 908 ac (367 ha) in extent and tributaries part of this unit include Johnson et al. 2008a, p. 106). The unit is an approximately 7-mi (11-km)-long Silver Creek, Indian Creek, and Little provides the habitat component continuous segment of the Hassayampa Ash Creek. Together they form a total of provided in physical or biological River in the vicinity of Wickenburg in 22 mi (35.4 km) of continuous segments feature 1 (PBF 1) and the prey Maricopa County, Arizona. located approximately 2.5 mi (4.0 km) component in physical or biological Approximately 12 ac (5 ha) is in Federal east of Cordes Lakes in Yavapai County, feature 2 (PBF 2). Hydrologic processes, ownership, and 896 ac (362 ha) is in Arizona. Approximately 1,802 ac (729 in natural or altered systems, that other ownership. The unit provides the ha) is in Federal ownership; 235 ac (95 provide for maintaining and habitat component provided in physical ha) is in State ownership; and 1,300 ac regenerating breeding habitat as or biological feature 1 (PBF 1) and the (527 ha) is in other ownership. This site identified in physical or biological prey component in physical or has consistently been used by numerous feature 3 (PBF 3) occurs within this unit biological feature 2 (PBF 2). Hydrologic breeding pairs of western yellow-billed but depends on river flows and flood processes, in natural or altered systems, cuckoos. The unit provides the habitat timing. This unit is considered to have that provide for maintaining and component provided in physical or been occupied at the time of listing and regenerating breeding habitat as biological feature 1 (PBF 1) and the prey is used by the western yellow-billed identified in physical or biological component in physical or biological cuckoo during the breeding season. This feature 3 (PBF 3) occurs within this unit feature 2 (PBF 2). Hydrologic processes, unit is part of the core area as identified but depends on river flows and flood in natural or altered systems, that in our conservation strategy for timing. This unit is considered to have provide for maintaining and designating critical habitat for the been occupied at the time of listing and regenerating breeding habitat as western yellow-billed cuckoo. is used by the western yellow-billed identified in physical or biological cuckoo during the breeding season. The feature 3 (PBF 3) occurs within this unit Unit 4: AZ–2 Alamo Lake; Mohave and site also provides a movement corridor but depends on river flows and flood La Paz Counties, Arizona and migratory stop-over habitat for timing. This unit is considered to have western yellow-billed cuckoos. This been occupied at the time of listing and Revised proposed critical habitat unit unit is part of the core area as identified is used by the western yellow-billed AZ–2 totals 2,793 ac (1,130 ha) in extent in our conservation strategy for cuckoo during the breeding season. The and is 9 mi (15 km) of continuous designating critical habitat for the site also provides migration stopover stream made up of a 6-mi (10-km)-long western yellow-billed cuckoo. habitat for western yellow-billed continuous segment of the Santa Maria Much of the private land in this cuckoos moving farther north. Tamarisk, River and a 3-mi (5-km)-long continuous revised proposed unit is within TNC’s a nonnative species that reduces the segment of the Big Sandy River that Hassayampa River Preserve, which is habitat’s value, is a major component of feeds into the Santa Maria River above occupied by yellow-billed cuckoos habitat in this unit. This unit is part of Alamo Lake State Park in Mojave and La during the breeding season. During the core area as identified in our Paz Counties, Arizona. Approximately protocol surveys in two portions of this conservation strategy for designating 1,840 ac (745 ha) is in Federal unit in 2015, approximately five critical habitat for the western yellow- ownership, and 953 ac (386 ha) is in territories were detected (Kondrat-Smith billed cuckoo. other ownership. This is a regular 2015, entire; Kondrat-Smith 2016, nesting area for western yellow-billed entire). The exact number of territories Unit 7: AZ–5, Upper Verde River; cuckoos, meaning that the species has is unknown because the birds were Yavapai County, Arizona been sighted nesting here multiple times unmarked. Included in the five Revised proposed critical habitat unit in the 1998–2014 period. The site territories were two pairs that were AZ–5 is 6,047 ac (2,447 ha) in extent. provides a movement corridor to habitat detected feeding nestlings. Western Approximately 2,504 ac (1,013 ha) is in sites farther north. Tamarisk, a yellow-billed cuckoos are frequently Federal ownership; 821 ac (332 ha) is in nonnative species that reduces the documented at this site during the State ownership; 191 ac (77 ha) is in habitat’s value, is a major component of breeding season, as is indicated in Tribal ownership; and 2,531 ac (1,024 habitat in this unit. The unit provides detections in 6 years between 2000 and ha) is in other ownership. The western the habitat component provided in 2014 (Cornell Lab of Ornithology 2016 yellow-billed cuckoo has been detected physical or biological feature 1 (PBF 1) (eBird data) and 2 years between 1998 during the breeding season. The unit and the prey component in physical or and 1999 (Corman and Magill 2000, pp. provides the habitat component biological feature 2 (PBF 2). Hydrologic 42–43). Habitat is gallery woodland provided in physical or biological processes, in natural or altered systems, with cottonwood, willow, and mesquite feature 1 (PBF 1) and the prey that provide for maintaining and (Kondrat-Smith 2016, entire). Very little component in physical or biological regenerating breeding habitat as tamarisk is present in much of the site feature 2 (PBF 2). Hydrologic processes, identified in physical or biological because the river scours out frequently, in natural or altered systems, that feature 3 (PBF 3) occurs within this unit preventing tamarisk from becoming provide for maintaining and but depends on river flows and flood established. regenerating breeding habitat as timing. This unit is considered to have identified in physical or biological been occupied at the time of listing and Unit 6: AZ–4, Agua Fria River; Yavapai feature 3 (PBF 3) occurs within this unit is used by the western yellow-billed County, Arizona but depends on river flows and flood cuckoo during the breeding season. This Revised proposed critical habitat unit timing. This unit is considered to have unit is part of the core area as identified AZ–4 is 3,336 ac (1,350 ha) in extent been occupied at the time of listing and in our conservation strategy for and is made up of a 17-mi (27-km)-long is used by the western yellow-billed

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cuckoo during the breeding season. This strategy for designating critical habitat cuckoo. This unit is part of the core area site also provides a movement corridor for the western yellow-billed cuckoo. as identified in our conservation and migratory stop-over habitat for This unit contains the Lower Oak strategy for designating critical habitat western yellow-billed cuckoos. Creek Important Bird Area (IBA), where for the western yellow-billed cuckoo. western yellow-billed cuckoos are This unit extends from the confluence Unit 10: AZ–8 Lower Verde River and of the Verde River with Oak Creek identified as a breeding bird (National Audubon Society 2016a, entire). West Clear Creek; Yavapai County, southeast to I–17 at the northern end of Arizona Unit 10, AZ–8 Lower Verde River and Vegetation is a mix of riparian gallery West Clear Creek, because western (cottonwood/willow/sycamore), and Revised proposed critical habitat unit yellow-billed cuckoo surveys conducted mesquite and hackberry woodland AZ–8 is 2,178 ac (882 ha) in extent. have documented occupancy (Agyagos (National Audubon Society 2016a, Approximately 570 ac (231 ha) is in 2016b, entire; Johnson and Rakestraw entire). This unit was extended to the Federal ownership; 32 ac (13 ha) is in 2016, p. 7). Detections downstream of confluence with the Verde River State ownership; 43 ac (17 ha) is in the Oak Creek and Verde River because western yellow-billed cuckoos Tribal ownership; and 1,534 ac (621 ha) confluence include the Sheep’s Crossing have been detected in this reach, habitat is in other ownership. The unit is site, near the Thousand Trails RV Park. contains at least one PBF (PBF 1), and considered to have been occupied at the A 1,969-ft (600-m)-long survey was it provides connecting habitat between time of listing, and is used by the conducted in 2015 (Johnson and Oak Creek and the Verde River. The western yellow-billed cuckoo during the breeding season. The unit provides the Rakestraw 2016, p. 6). Habitat is reach from Cornville to the confluence habitat component provided in physical primarily cottonwood and willow, with with the Verde River contains the best or biological feature 1 (PBF 1) and the a trace of ash, tamarisk, and Russian broad-valley floodplain and mesquite prey component in physical or olive (Agyagos 2016b, entire). This unit bosque habitat on Oak Creek (Agyagos biological feature 2 (PBF 2). Hydrologic is part of the core area as identified in 2016a, entire). The Oak Creek processes, in natural or altered systems, our conservation strategy for designating confluence with the Verde River that provide for maintaining and critical habitat for the western yellow- consists of an approximately 98-ft (30- regenerating breeding habitat as billed cuckoo. m)-wide riparian area, with mesquite habitat adjacent to the riparian identified in physical or biological Unit 8: AZ–6 Oak Creek; Yavapai and vegetation (Johnson and Rakestraw feature 3 (PBF 3) occurs within this unit Coconino Counties, Arizona 2016, p. 6). Sycamore and boxelder are but depends on river flows and flood the dominant trees at the confluence, timing. This unit also provides a Revised proposed critical habitat unit with scattered cottonwood and some movement corridor as well as migratory AZ–6 is 2,231 ac (903 ha) in extent and willow and tamarisk trees. stop-over habitat for western yellow- is a 28-mi (45-km)-long continuous billed cuckoos. Dominant vegetation is segment of Oak Creek from the vicinity Unit 9: AZ–7 Beaver Creek; Yavapai cottonwood, willow, and tamarisk of the Town of Cornville at Spring Creek County, Arizona (Verde Valley Birding Trail 2016, in Yavapai County upstream to State Revised proposed critical habitat unit entire). This unit is part of the core area Highway 179 Bridge within the City of AZ–7 is 2,082 ac (842 ha) in extent and as identified in our conservation Sedona in Coconino County, Arizona. is a 23-mi (37-km)-long continuous strategy for designating critical habitat Approximately 596 ac (241 ha), is in segment of Beaver Creek from the for the western yellow-billed cuckoo. Federal ownership; 160 ac (65 ha) is in confluence with the Verde River near Altered hydrology has contributed to State ownership; and 1,475 ac (597 ha) Camp Verde upstream to above the the establishment of tamarisk, a is in other ownership. This is an Town of Rimrock in Yavapai County, nonnative species that reduces the addition of 908 ac (368 ha) compared to Arizona. Approximately 1,491 ac (603 habitat’s value. Tamarisk is still used by the 2014 proposed designation because ha) is in Federal ownership; 3 ac (1 ha) the western yellow-billed cuckoo and is western yellow-billed cuckoos have is in Tribal ownership; and 588 ac (238 a component of habitat in this unit. been detected in the expanded area of ha) is in other ownership. Numerous this unit, especially in the Cornville western yellow-billed cuckoos have Unit 11: AZ–9A and AZ–9B Horseshoe area (Corman and Magill 2000, p. 42; consistently used this site during the Dam; Gila, Maricopa, and Yavapai Agyagos 2016a, entire). breeding season. The unit provides the Counties, Arizona This unit is considered to have been habitat component provided in physical Revised proposed critical habitat in occupied at the time of listing and is or biological feature 1 (PBF 1) and the these two subunits is 3,974 ac (1,608 ha) used by the western yellow-billed prey component in physical or (AZ–9A = 2,743 ac (1,110 ha); AZ–9B = cuckoo during the breeding season. The biological feature 2 (PBF 2). Hydrologic 1,231 ac (498 ha)) in extent and is a 33- unit provides the habitat component processes, in natural or altered systems, mi (54-km)-long continuous segment of provided in physical or biological that provide for maintaining and the Verde River immediately upstream feature 1 (PBF 1) and the prey regenerating breeding habitat as of Horseshoe Dam and a continuous component in physical or biological identified in physical or biological segment of the Verde River immediately feature 2 (PBF 2). Hydrologic processes, feature 3 (PBF 3) occurs within this unit downstream of Horseshoe Dam in in natural or altered systems, that but depends on river flows and flood Yavapai County, Arizona. provide for maintaining and timing. The unit is considered to have Approximately 3,937 ac (1,593 ha) is in regenerating breeding habitat as been occupied at the time of listing, and Federal ownership, and 37 ac (15 ha) identified in physical or biological is used by the western yellow-billed (occurring within AZ–9B) is in other feature 3 (PBF 3) occurs within this unit cuckoo during the breeding season. The ownership. The unit is considered to but depends on river flows and flood site also provides migratory stopover have been occupied at the time of timing. The site also provides a habitat for western yellow-billed listing, and is used by the western movement corridor and migratory stop- cuckoos moving farther north. Tamarisk yellow-billed cuckoo during the over habitat for western yellow-billed is a component of habitat in this unit breeding season. The unit provides the cuckoos. This unit is part of the core and may provide understory or nesting habitat component provided in physical area as identified in our conservation habitat for the western yellow-billed or biological feature 1 (PBF 1) and the

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prey component in physical or breeding season. The unit provides the called Bonita Creek located northeast of biological feature 2 (PBF 2). Hydrologic habitat component provided in physical the Town of Thatcher in Graham processes, in natural or altered systems, or biological feature 1 (PBF 1) and the County, Arizona. Approximately 828 ac that provide for maintaining and prey component in physical or (335 ha) is in Federal ownership, and regenerating breeding habitat as biological feature 2 (PBF 2). Hydrologic 101 ac (40 ha) is in other ownership. identified in physical or biological processes, in natural or altered systems, This site has been consistently occupied feature 3 (PBF 3) occurs within this unit that provide for maintaining and by western yellow-billed cuckoos but depends on river flows and flood regenerating breeding habitat as during the breeding season. The unit is timing. This unit also provides a identified in physical or biological considered to have been occupied at the movement corridor as well as migratory feature 3 (PBF 3) occurs within this unit time of listing, and is used by the stop-over habitat for western yellow- but depends on river flows and flood western yellow-billed cuckoo during the billed cuckoos. This unit is part of the timing. The site also provides a breeding season. The unit provides the core area as identified in our movement corridor and migratory habitat component provided in physical conservation strategy for designating stopover habitat for western yellow- or biological feature 1 (PBF 1) and the critical habitat for the western yellow- billed cuckoos moving farther north. prey component in physical or billed cuckoo. Tamarisk is a component of habitat in biological feature 2 (PBF 2). Hydrologic The extended reaches contain this unit and may provide understory or processes, in natural or altered systems, breeding habitat where western yellow- nesting habitat for the western yellow- that provide for maintaining and billed cuckoos, including pairs, have billed cuckoo. This unit is part of the regenerating breeding habitat as been documented in multiple years core area as identified in our (Arizona Game and Fish Department conservation strategy for designating identified in physical or biological 2016, entire; Salt River Project 2011, pp. critical habitat for the western yellow- feature 3 (PBF 3) occurs within this unit 18, 19; Dockens 2015, entire). This unit billed cuckoo. but depends on river flows and flood includes part of the Salt and Verde timing. The site also provides a Riparian Ecosystem IBA, with western Unit 13: AZ–11 Pinal Creek; Gila movement corridor between larger yellow-billed cuckoos identified as a County, Arizona habitat patches. Tamarisk is a breeding bird (National Audubon Revised proposed critical habitat unit component of habitat in this unit and Society 2016b, entire). Western yellow- AZ–11 is 419 ac (169 ha) in extent and may provide understory or nesting billed cuckoos were also documented is a 3-mi (5-km)-long continuous habitat for the western yellow-billed during the breeding season downstream segment of Pinal Creek north of the cuckoo. This unit is part of the core area of Horseshoe Dam in the mixed Town of Globe in Gila County, Arizona. as identified in our conservation mesquite and cottonwood-willow Approximately 30 ac (12 ha) is in strategy for designating critical habitat woodland at Mesquite Campground on Federal ownership, and 389 ac (157 ha) for the western yellow-billed cuckoo. the Tonto National Forest in 2009 and is in other ownership. This site has been 2011 (Arizona Game and Fish consistently occupied by western Unit 15: AZ–13 San Francisco River; Department 2016, entire). Riparian yellow-billed cuckoos during the Greenlee County, Arizona cottonwood-willow galleries and mixed breeding season. The unit provides the Revised proposed critical habitat unit riparian stands exist both above and habitat component provided in physical AZ–13 is 1,327 ac (537 ha) in extent and below Horseshoe Dam, although some of or biological feature 1 (PBF 1) and the is a 4-mi (6-km)-long continuous prey component in physical or these stands occur as narrow strands segment of the San Francisco River that biological feature 2 (PBF 2). Hydrologic along the Verde River (Salt River Project includes a continuous segment of a processes, in natural or altered systems, 2008, p. 61). Habitat consists of tributary called Dix Creek located that provide for maintaining and contiguous to patchy cottonwood, approximately 6 mi (9.6 km) west of the regenerating breeding habitat as willow, tamarisk, and mesquite (Salt border with New Mexico in Greenlee River Project 2011, p. 18; Dockens 2015, identified in physical or biological County, Arizona. Approximately 1,192 entire). Altered hydrology has feature 3 (PBF 3) occurs within this unit ac (482 ha) is in Federal ownership, and contributed to the establishment of but depends on river flows and flood 135 ac (55 ha) is in other ownership. tamarisk. Although tamarisk is not as timing. The unit is considered to have This unit has been consistently desirable as native habitat, it contributes been occupied at the time of listing, and toward habitat suitability in areas where is used by the western yellow-billed occupied by western yellow-billed the native tree density can no longer be cuckoo during the breeding season. The cuckoos during the breeding season. sustained. site also provides a movement corridor The unit includes suitable western between larger habitat patches. yellow-billed cuckoo breeding habitat Unit 12: AZ–10 Tonto Creek; Gila Tamarisk is a component of habitat in that provides at least one of the physical County, Arizona this unit and may provide understory or or biological features essential to the Revised proposed critical habitat unit nesting habitat for the western yellow- conservation of the species (PBF 1), is AZ–10 is 3,669 ac (1,485 ha) in extent billed cuckoo. This unit is part of the considered to have been occupied at the and is made up of a 6-mi (10-km)-long core area as identified in our time of listing, and is used by the continuous segment of Tonto Creek conservation strategy for designating western yellow-billed cuckoo during the upstream from the lakebed at Theodore critical habitat for the western yellow- breeding season. The site also provides Roosevelt Lake in Gila County, Arizona. billed cuckoo. a movement corridor between larger Approximately 2,529 ac (1,023 ha) is in habitat patches. Tamarisk is a Federal ownership, and 1,141 ac (462 Unit 14: AZ–12 Bonita Creek; Graham component of habitat in this unit and ha) is in other ownership. Numerous County, Arizona may provide understory or nesting western yellow-billed cuckoos have Revised proposed critical habitat unit habitat for the western yellow-billed consistently bred in this unit. The unit AZ–12 is 928 ac (375 ha) in extent and cuckoo. This unit is part of the core area is considered to have been occupied at is a 6-mi (10-km)-long continuous as identified in our conservation the time of listing, and is used by the segment of the Gila River that includes strategy for designating critical habitat western yellow-billed cuckoo during the a continuous segment of a tributary for the western yellow-billed cuckoo.

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Unit 16: AZ–14 Upper San Pedro River; Most of this unit lies within the San and is a 16-mi (26-km)-long segment of Cochise County, Arizona Pedro Riparian National Conservation Sonoita Creek from the Town of Area and the San Pedro Riparian Patagonia downstream to a point on the Revised proposed critical habitat Unit National Conservation Area IBA creek approximately 4 mi (6 km) east of AZ–14 is 31,060 ac (12,569 ha) in extent (National Audubon Society 2016c, the Town of Rio Rico in Santa Cruz and is an 84-mi (135-km)-long segment entire). The IBA supports 100 species of County, Arizona. Approximately 926 ac of the Upper San Pedro River from the breeding birds, and 250 species of (375 ha) is in State ownership, and border with Mexico north to the vicinity migrant and wintering birds (National 1,563 ac (632 ha) is in other ownership. of the Town of Saint David in Cochise Audubon Society 2016c, entire). The 40 The unit provides the habitat County, Arizona. Approximately 17,958 mi (64 km) of the upper San Pedro River component provided in physical or ac (7,267 ha) is in Federal ownership; was designated by Congress as a biological feature 1 (PBF 1) and the prey 1,903 ac (770 ha) is in State ownership; Riparian National Conservation Area in component in physical or biological and 11,199 ac (4,532 ha) is in other 1988. The primary purpose for the feature 2 (PBF 2). Hydrologic processes, ownership. The unit is considered to special designation is to protect and in natural or altered systems, that have been occupied at the time of listing enhance the desert riparian ecosystem, provide for maintaining and and is used by the western yellow-billed a rare remnant of what was once an regenerating breeding habitat as cuckoo during the breeding season. The extensive network of similar riparian identified in physical or biological unit provides the habitat component systems throughout the American feature 3 (PBF 3) occurs within this unit provided in physical or biological Southwest. but depends on river flows and flood feature 1 (PBF 1) and the prey timing. Western yellow-billed cuckoos Unit 17: AZ–15 Lower San Pedro and component in physical or biological have been documented during the Gila Rivers; Pima, Pinal and Gila feature 2 (PBF 2). Hydrologic processes, breeding season within the entire unit Counties, Arizona in natural or altered systems, that every year between 1998 and 2014 provide for maintaining and Revised proposed critical habitat unit (Arizona Game and Fish Department regenerating breeding habitat as AZ–15 is 23,400 ac (9,470 ha) in extent 2015, entire, Cornell Lab of Ornithology identified in physical or biological and is a 59-mi (95-km)-long segment of 2016 (eBird data)). This unit is feature 3 (PBF 3) occurs within this unit the Lower San Pedro River from above considered to have been occupied at the but depends on river flows and flood the Town of Mammoth in Pima County time of listing. This site also provides a timing. This unit also provides a downstream to its confluence with the movement corridor and migratory stop- movement corridor and migratory stop- Gila River, where it continues over habitat for western yellow-billed over habitat for western yellow-billed downstream to below the Town of cuckoos. This unit is part of the core cuckoos. This unit is part of the core Kearny in Pinal County, Arizona. area as identified in our conservation area as identified in our conservation Approximately 2,957 ac (1,197 ha) is in strategy for designating critical habitat strategy for designating critical habitat Federal ownership; 2,282 ac (925 ha) is for the western yellow-billed cuckoo. for the western yellow-billed cuckoo. in State ownership; 729 ac (295 ha) is The perennial flow in Sonoita Creek in Tribal ownership; and 17,431 ac This unit was expanded from the supports a diverse gallery cottonwood (7,055 ha) is in other ownership. This is 2014 proposed designation to include and Goodding’s willow forest that an important breeding area for western adjacent mesquite bosque on the San includes walnut, mesquite, ash, yellow-billed cuckoos and is Pedro River and its tributaries, where hackberry, and various willow species consistently occupied by a number of western yellow-billed cuckoos also nest (National Audubon Society 2016d, pairs during the breeding season. The and forage (Halterman 2006, p. 31, entire). The Patagonia-Sonoita Creek unit is considered to have been Swanson 2014, entire; Cornell Lab of TNC Preserve IBA lies within this unit, occupied at the time of listing, and is Ornithology 2016 (eBird data)). Western under conservation stewardship by TNC used by the western yellow-billed yellow-billed cuckoos have been found and Tucson Audubon Society (National cuckoo during the breeding season. The Audubon Society 2016d, entire). nesting in mesquite bosque as far away unit provides the habitat component as 0.3 mi (0.5 km) from the adjacent provided in physical or biological Unit 19: AZ–17, Upper Cienega Creek; upper San Pedro River (Halterman 2006, feature 1 (PBF 1) and the prey Pima County, Arizona p. 31). This unit has one of the largest component in physical or biological Revised proposed critical habitat Unit remaining breeding groups of the feature 2 (PBF 2). Hydrologic processes, AZ–17 is 5,204 ac (2,106 ha) in extent western yellow-billed cuckoo and in natural or altered systems, that and is an 11-mi (17.5-km)-long segment contains a large number of breeding provide for maintaining and of Cienega Creek. Approximately 4,630 pairs. regenerating breeding habitat as ac (1,874 ha) is in Federal ownership, Much of this mesquite habitat is identified in physical or biological and 574 ac (232 ha) is in State composed of large mature trees. Western feature 3 (PBF 3) occurs within this unit ownership. This unit is considered to yellow-billed cuckoos were documented but depends on river flows and flood have been occupied at the time of during 2014 surveys on the Babocomari timing. The site also provides a listing, and is used by the western River portion of this unit in habitat that movement corridor and migratory yellow-billed cuckoo during the is not as dense as on the San Pedro stopover location for western yellow- breeding season. The unit provides the River, including narrow habitat with billed cuckoos moving farther north. habitat component provided in physical low stature and scattered riparian and Tamarisk is a component of habitat in or biological feature 1 (PBF 1) and the mesquite trees (Swanson 2014, entire). this unit and may provide understory or prey component in physical or Altered hydrology has contributed to nesting habitat for the western yellow- biological feature 2 (PBF 2). Hydrologic the establishment of tamarisk in parts of billed cuckoo. processes, in natural or altered systems, this unit. Although tamarisk is not as that provide for maintaining and desirable as native habitat, it contributes Unit 18: AZ–16 Sonoita Creek; Santa regenerating breeding habitat as toward habitat suitability in areas where Cruz County, Arizona identified in physical or biological the native tree density can no longer be Revised proposed critical habitat Unit feature 3 (PBF 3) occurs within this unit sustained. AZ–16 is 2,488 ac (1,007 ha) in extent but depends on river flows and flood

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timing. This unit also provides a seep augmentation. The IBA boundaries and migratory stop-over habitat for movement corridor and migratory stop- are defined by the riparian vegetation, western yellow-billed cuckoos. This over habitat for western yellow-billed including the mesquite bosques that unit is part of the core area as identified cuckoos. This unit connects Gardner border the broadleaf gallery forest. The in our conservation strategy for Canyon (AZ–46) with upper Cienega IBA also includes all the National designating critical habitat for the Creek. This unit is part of the core area Historical Park and Tucson Audubon- western yellow-billed cuckoo. as identified in our conservation held conservation easement lands. This unit includes tributaries to the strategy for designating critical habitat Gila River including Eagle Creek to the Unit 21: AZ–19 Black Draw; Cochise for the western yellow-billed cuckoo. confluence with East Eagle Creek where County, Arizona western yellow-billed cuckoos were Unit 20: AZ–18 Santa Cruz River; Santa Revised proposed critical habitat Unit detected in 2015 and 2016. Riparian Cruz County, Arizona AZ–27 is 1,599 ac (647 ha) in extent. habitat in overstory and understory Revised proposed critical habitat Unit Approximately 896 ac (362 ha) is in along this survey reach is primarily AZ–18 is 9,543 ac (3,862 ha) in extent Federal ownership; 134 ac (54 ha) is in cottonwood and sycamore (Westland and is a 27-mi (43-km)-long segment of State ownership; and 570 ac (231 ha) is Resources 2015e, entire). Habitat at this the Santa Cruz River in the vicinity of in other ownership. The unit provides detection site is about 164 ft (50 m) the Town of Tubac in Santa Cruz the habitat component provided in wide in most places, with adjacent County, Arizona. Approximately 505 ac physical or biological feature 1 (PBF 1) rolling hill grasslands. Some portions of (204 ha) is in Federal ownership; 4 ac and the prey component in physical or the grasslands adjacent to the riparian (2 ha) is in State ownership; and 9,034 biological feature 2 (PBF 2). Hydrologic habitat that is within the boundary of ac (3,656 ha) is in other ownership. The processes, in natural or altered systems, proposed critical habitat and used as unit provides the habitat component that provide for maintaining and foraging areas by the western yellow- provided in physical or biological regenerating breeding habitat as billed cuckoo are grazed (Andreson feature 1 (PBF 1) and the prey identified in physical or biological 2016, entire). component in physical or biological feature 3 (PBF 3) occurs within this unit feature 2 (PBF 2). Hydrologic processes, but depends on river flows and flood Unit 23: AZ–21 Salt River; Gila County, in natural or altered systems, that timing. This unit is considered to have Arizona provide for maintaining and been occupied at the time of listing and Revised proposed critical habitat unit regenerating breeding habitat as is used by the western yellow-billed AZ–21 is 2,590 ac (1,048 ha) in extent identified in physical or biological cuckoo during the breeding season and is a 5-mi (8-km)-long continuous feature 3 (PBF 3) occurs within this unit (Arizona Game and Fish Department segment of the Salt River upstream from but depends on river flows and flood 2016, entire; Radke 2016, entire). The the lakebed at Theodore Roosevelt Lake timing. This unit is considered to have site also provides a movement corridor in Gila County, Arizona. Approximately been occupied at the time of listing and and migratory stop-over habitat for 2,469 ac (999 ha) of this unit is Federal is used by the western yellow-billed western yellow-billed cuckoos. ownership, and 121 ac (49 ha) is in cuckoo during the breeding season, Occupied habitat is primarily other ownership. This unit is including a concentration of nesting cottonwood, Goodding’s willow, and consistently occupied by western yellow-billed cuckoos within the some mesquite (Cajero 2016, entire). yellow-billed cuckoos during the Tumacacori area. Some portions of the This unit is part of the core area as breeding season. The unit provides the unit are considered disturbed and may identified in our conservation strategy habitat component provided in physical not contain all the physical or biological for designating critical habitat for the or biological feature 1 (PBF 1) and the features essential to the conservation of western yellow-billed cuckoo. prey component in physical or the species, but due to our mapping biological feature 2 (PBF 2). Hydrologic Unit 22: AZ–20, Gila River 1; Graham constraints some of these areas were left processes, in natural or altered systems, County, Arizona within the boundaries of the unit. These that provide for maintaining and disturbed areas not containing the Revised proposed critical habitat Unit regenerating breeding habitat as physical or biological features would AZ–20 is 20,724 ac (8,387 ha) in extent identified in physical or biological not be considered critical habitat. The and 27 mi (43 km) in length. feature 3 (PBF 3) occurs within this unit site also provides a movement corridor Approximately 779 ac (315 ha) is in but depends on river flows and flood and migratory stop-over habitat for Federal ownership; 215 ac (87 ha) is in timing. This unit is considered to have western yellow-billed cuckoos. This State ownership; 10,183 ac (4,121 ha) is been occupied at the time of listing. The unit is part of the core area as identified in Tribal ownership; and 9,547 ac (3,863 site also provides a movement corridor in our conservation strategy for ha) is in other ownership. The unit between larger habitat patches. designating critical habitat for the provides the habitat component Tamarisk is a component of habitat in western yellow-billed cuckoo. provided in physical or biological this unit and may provide understory or This unit is within the Upper Santa feature 1 (PBF 1) and the prey nesting habitat for the western yellow- Cruz IBA, with western yellow-billed component in physical or biological billed cuckoo. This unit is part of the cuckoos identified as a breeding species feature 2 (PBF 2). Hydrologic processes, core area as identified in our (National Audubon Society 2016e, in natural or altered systems, that conservation strategy for designating entire). The Upper Santa Cruz River IBA provide for maintaining and critical habitat for the western yellow- is a linear riparian corridor from regenerating breeding habitat as billed cuckoo. Tumacacori National Historical Park identified in physical or biological downstream (northward) through the feature 3 (PBF 3) occurs within this unit Unit 24: AZ–22 Lower Cienega Creek, Tucson Audubon-held conservation but depends on river flows and flood Pima County, Arizona easement (National Audubon Society timing. This unit is considered to have Revised proposed critical habitat unit 2016e, entire). This reach of river has been occupied at the time of listing and AZ–22 is 2,360 ac (955 ha) in extent and the highest groundwater levels and is used by the western yellow-billed is an 11-mi (18-km)-long continuous perennial river flow, primarily treated cuckoo during the breeding season. The segment of Cienega Creek about 15 mi wastewater, but with some groundwater site also provides a movement corridor (24 km) southeast of Tucson in Pima

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County, Arizona. Approximately 759 ac segment of Pinto Creek in Gila and Pinal entire Aravaipa Canyon ensures that if (307 ha) is in State ownership, and Counties, Arizona. Approximately 368 suitable habitat shifts, it will remain 1,601 ac (648 ha) is in other ownership. ac (149 ha) is in Federal ownership, and within critical habitat. Connecting this This unit is consistently occupied by 5 ac (2 ha) is in other ownership. The unit to the San Pedro River units (AZ– western yellow-billed cuckoos during unit provides the habitat component 14 and AZ–15) by including the the breeding season. The unit provides provided in physical or biological confluence with the San Pedro River the habitat component provided in feature 1 (PBF 1) and the prey strengthens the conservation value of physical or biological feature 1 (PBF 1) component in physical or biological both units by linking breeding, and the prey component in physical or feature 2 (PBF 2). Hydrologic processes, migration, and dispersal corridors. biological feature 2 (PBF 2). Hydrologic in natural or altered systems, that Included in this unit is 25.4 ac (10.3 ha) processes, in natural or altered systems, provide for maintaining and of dense mesquite bosque habitat that that provide for maintaining and regenerating breeding habitat as occurs just upstream from but does not regenerating breeding habitat as identified in physical or biological contain the Highway 77 bridge across identified in physical or biological feature 3 (PBF 3) occurs within this unit Aravaipa Creek near the San Pedro feature 3 (PBF 3) occurs within this unit but depends on river flows and flood River. This bosque area is located just but depends on river flows and flood timing. This unit is considered to have across the highway from the main timing. This unit is considered to have been occupied at the time of listing. critical habitat block along the San been occupied at the time of listing. The Tamarisk is a component of habitat in Pedro River and averages more than 325 site also provides a movement corridor this unit and may provide understory or ft wide. Altered hydrology has between larger habitat patches. nesting habitat for the western yellow- contributed to the establishment of Tamarisk is a component of habitat in billed cuckoo. This unit is part of the tamarisk. Tamarisk may provide habitat this unit and may provide understory or core area as identified in our for the western yellow-billed cuckoo in nesting habitat for the western yellow- conservation strategy for designating this unit. Although tamarisk is not as billed cuckoo. This unit is part of the critical habitat for the western yellow- desirable as native habitat, it contributes core area as identified in our billed cuckoo. toward habitat suitability in areas where conservation strategy for designating the native tree density can no longer be Unit 27: AZ–25 Aravaipa Creek; Pinal critical habitat for the western yellow- sustained. and Graham Counties, Arizona billed cuckoo. Revised proposed critical habitat Unit Unit 28: AZ–26, Gila River 2; Graham Unit 25: AZ–23 Blue River, Greenlee AZ–25 is 3,329 ac (1,347 ha) in extent and Greenlee Counties, Arizona County, Arizona and is a 25-mi (40-km)-long continuous Revised proposed critical habitat Unit Revised proposed critical habitat unit segment of Aravaipa Creek in Pinal and AZ–26 is 8,588 ac (3,475 ha) in extent AZ–23 is 1,025 ac (415 ha) in extent and Graham Counties, Arizona. and is a 4.5-mi (7.4-km)-long continuous is an 8-mi (13-km)-long continuous Approximately 622 ac (252 ha) is in segment of the Gila River in Graham and segment of the Blue River in Greenlee Federal ownership; 116 ac (47 ha) is in Greenlee Counties, Arizona. County, Arizona. The entire unit is in State ownership; 392 ac (159 ha) is in Approximately 1,953 ac (791 ha) is in Federal ownership located on the Tribal ownership; and 2,199 ac (890 ha) Federal ownership; 206 ac (83 ha) is in Apache Sitgreaves National Forest is in other ownership. Western yellow- State ownership; 1,436 ac (581 ha) is in managed by the USFS. This unit is billed cuckoos have been detected Tribal ownership; and 4,994 ac (2,021 consistently occupied by western during the breeding season within this ha) is in other ownership. The unit yellow-billed cuckoos during the unit. This unit is considered to have provides the habitat component breeding season and also acts as a been occupied at the time of listing provided in physical or biological movement corridor. The unit provides (Corman and Magill 2000, p. 41; Cornell feature 1 (PBF 1) and the prey the habitat component provided in Lab of Ornithology 2016 (eBird data)). component in physical or biological physical or biological feature 1 (PBF 1) The unit provides the habitat feature 2 (PBF 2). Hydrologic processes, and the prey component in physical or component provided in physical or in natural or altered systems, that biological feature 2 (PBF 2). Hydrologic biological feature 1 (PBF 1) and the prey provide for maintaining and processes, in natural or altered systems, component in physical or biological regenerating breeding habitat as that provide for maintaining and feature 2 (PBF 2). Hydrologic processes, identified in physical or biological regenerating breeding habitat as in natural or altered systems, that feature 3 (PBF 3) occurs within this unit identified in physical or biological provide for maintaining and but depends on river flows and flood feature 3 (PBF 3) occurs within this unit regenerating breeding habitat as timing. This unit is considered to have but depends on river flows and flood identified in physical or biological been occupied at the time of listing and timing. This unit is considered to have feature 3 (PBF 3) occurs within this unit is used by the western yellow-billed been occupied at the time of listing. but depends on river flows and flood cuckoo during the breeding season. The Tamarisk is a component of habitat in timing. This unit is part of the core area site also provides a movement corridor this unit and may provide understory or as identified in our conservation and migratory stop-over habitat for nesting habitat for the western yellow- strategy for designating critical habitat western yellow-billed cuckoos. This billed cuckoo. This unit is part of the for the western yellow-billed cuckoo. unit is part of the core area as identified core area as identified in our The site also provides a movement in our conservation strategy for conservation strategy for designating corridor and migratory stop-over habitat designating critical habitat for the critical habitat for the western yellow- for western yellow-billed cuckoos. western yellow-billed cuckoo. billed cuckoo. Patches and stringers of cottonwood- This unit was previously proposed willow riparian forest and adjacent but has been extended. Although Unit 26: AZ–24 Pinto Creek South, Gila mesquite bosque exist throughout narrow and patchy in some reaches, and Pinal Counties, Arizona Aravaipa Canyon. This drainage suitable habitat exists within this Revised proposed critical habitat unit experiences scouring flood flows that extension from the eastern end of the AZ–24 is 373 ac (151 ha) in extent and can result in shifting suitable habitat unit to the western end of Unit 38, NM– is a 4-mi (6-km)-long continuous within the floodplain. Including the 7, Upper Gila River in New Mexico

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(Johnson 2016, entire). No protocol owned by American Smelting And The Big Sandy River has flows that surveys have been conducted in this Refining Company (ASARCO). are spatially and temporally extended reach, but western yellow- This unit is part of the core area as intermittent. However, in the vicinity of billed cuckoos have been detected identified in our conservation strategy US 93, the river is perennial and incidentally as a result of survey efforts for designating critical habitat for the supports a dense riparian woodland of for other species (Johnson 2016, entire). western yellow-billed cuckoo. The site tamarisk, cottonwood, and Goodding’s Habitat is primarily cottonwood and also provides a movement corridor and willow, bordered and interspersed with willow, with less tamarisk than farther migratory stop-over habitat for western mesquite (Magill et al. 2005, pp. 1, 5). downstream (Johnson 2016, entire). yellow-billed cuckoos. This unit was Within the floodplain, seep willow, occupied by the species at the time of arrowweed (Pluchea sericea), and Unit 29: AZ–27 Pinto Creek North; Gila screw-bean mesquite (Prosopis County, Arizona listing. The unit provides the habitat component provided in physical or pubescens) are also common. Adjacent Revised proposed critical habitat unit biological feature 1 (PBF 1) and the prey upland habitat in the area is Arizona AZ–27 is 427 ac (173 ha) in extent and component in physical or biological Upland Subdivision of Sonoran is a 6-mi (10-km)-long continuous feature 2 (PBF 2). Hydrologic processes, Desertscrub dominated by foothills segment of Pinto Creek in Gila County, in natural or altered systems, that paloverde (Circidium floridium), mixed Arizona. Approximately 415 ac (168 ha) provide for maintaining and cacti, and creosote bush (Larrea is in Federal ownership, and 12 ac (5 regenerating breeding habitat as tridentata) (Magill et al. 2005, p. 5). ha) is in other ownership. The unit identified in physical or biological Western yellow-billed cuckoos were provides the habitat component feature 3 (PBF 3) occurs within this unit found in cottonwood, willow, or the provided in physical or biological but depends on river flows and flood adjacent mesquite (Magill et al. 2005, p. feature 1 (PBF 1) and the prey timing. Mineral Creek provides suitable 8; Dockens et al. 2006, p. 7). component in physical or biological habitat for western yellow-billed Unit 32: NM–1 San Francisco River; feature 2 (PBF 2). Hydrologic processes, cuckoos along most of the surveyed Catron County, New Mexico in natural or altered systems, that reach, consisting mostly of ash, with Revised proposed critical habitat unit provide for maintaining and willow, cottonwood, and sycamore NM–1 is 2,039 ac (825 ha) in extent and (Westland Resources, Inc. 2015d, regenerating breeding habitat as is a 10-mi (16-km)-long continuous identified in physical or biological entire). segment of the San Francisco River near feature 3 (PBF 3) occurs within this unit Unit 31: AZ–29 Big Sandy River; the Town of Glenwood in Catron but depends on river flows and flood Mohave County, Arizona County, New Mexico. This segment timing. This unit is considered to have includes 1.2 mi (2 km) up Whitewater been occupied at the time of listing and Revised proposed critical habitat Unit Creek from the confluence of the San is used by the western yellow-billed AZ–29 is 20,179 ac (8,166 ha) in extent Francisco River near the Town of cuckoo during the breeding season. This and approximately 58-mi (93-km) in Glenwood. Approximately 738 ac (299 unit has been consistently occupied by length. Approximately 5,269 ac (2,132 ha) is in Federal ownership; 10 ac (4 ha) western yellow-billed cuckoos during ha) is in Federal ownership; 1,453 ac is in State ownership; and 1,291 ac (522 the breeding season. The site also (588 ha) is in State ownership; 236 ac ha) is in other ownership. The unit provides migration stopover habitat. (96 ha) is in Tribal ownership; and provides the habitat component Tamarisk is a component of habitat in 13,221 ac (5,351 ha) is in other provided in physical or biological this unit and may provide understory or ownership. feature 1 (PBF 1) and the prey nesting habitat for the western yellow- This unit is considered to have been component in physical or biological billed cuckoo. This unit is part of the occupied at the time of listing and is feature 2 (PBF 2). Hydrologic processes, core area as identified in our used by the western yellow-billed in natural or altered systems, that conservation strategy for designating cuckoo during the breeding season. provide for maintaining and critical habitat for the western yellow- Western yellow-billed cuckoos, regenerating breeding habitat as billed cuckoo. including pairs, have been documented identified in physical or biological Unit 30: AZ–28 Mineral Creek; Pinal within this unit (Dockens et al. 2006, p. feature 3 (PBF 3) occurs within this unit and Gila Counties, Arizona 7; Magill et al. 2005, p. 8; O’Donnell et but depends on river flows and flood al. 2016, pp. 1, 6, 21). The site also timing. This unit is considered to have Revised proposed critical habitat Unit provides a movement corridor and been occupied at the time of listing and AZ–28 is 380 ac (154 ha) in extent and migratory stop-over habitat for western is used by the western yellow-billed is a 7-mi (11-km)-long continuous yellow-billed cuckoos. This unit was cuckoo during the breeding season. The segment of Mineral Creek in Pinal and occupied by the species at the time of site also provides migratory stopover Gila Counties, Arizona. Approximately listing. The unit provides the habitat habitat for western yellow-billed 1 ac (less than 1 ha) is in Federal component provided in physical or cuckoos moving farther north. Tamarisk ownership; 198 ac (80 ha) is in State biological feature 1 (PBF 1) and the prey is a component of habitat in this unit ownership; and 180 ac (73 ha) is in component in physical or biological and may provide understory or nesting other ownership. This unit is feature 2 (PBF 2). Hydrologic processes, habitat for the western yellow-billed considered to have been occupied at the in natural or altered systems, that cuckoo. This unit is part of the core area time of listing and is used by the provide for maintaining and as identified in our conservation western yellow-billed cuckoo during the regenerating breeding habitat as strategy for designating critical habitat breeding season. Data suggest that there identified in physical or biological for the western yellow-billed cuckoo. were as many as six breeding pairs feature 3 (PBF 3) occurs within this unit along this segment of Mineral Creek but depends on river flows and flood Unit 33: NM–2 Gila River; Grant County, (WestLand Resources, Inc. 2011, pp. timing. This unit is part of the core area New Mexico ES–1, 4, 5, Figs. 1–5). The southern end as identified in our conservation Revised proposed critical habitat unit of Mineral Creek, which is not included strategy for designating critical habitat NM–2 is 4,177 ac (1,690 ha) in extent in the proposal, empties into a reservoir for the western yellow-billed cuckoo. and is a 24-mi (37-km)-long continuous

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segment of the Gila River from 10 mi (16 our conservation strategy for designating unit has been consistently occupied by km) downstream from the town of Cliff critical habitat for the western yellow- western yellow-billed cuckoos during to 10 mi (16 km) upstream of the town billed cuckoo. the breeding season. The site also of Gila in Grant County, New Mexico. provides a movement corridor for Unit 35: NM–4 Upper Rio Grande 1; Rio Approximately 974 ac (394 ha) is in western yellow-billed cuckoos moving Arriba County, New Mexico Federal ownership; 201 ac (81 ha) is in farther north. Tamarisk is a component State ownership; and 3,002 ac (1,215 ha) Revised proposed critical habitat unit of habitat in this unit and may provide is in other ownership. The unit provides NM–4 is 1,830 ac (741 ha) in extent and understory or nesting habitat for the the habitat component provided in is a 10-mi (16-km)-long continuous western yellow-billed cuckoo. This unit physical or biological feature 1 (PBF 1) segment of the upper Rio Grande from is part of the core area as identified in and the prey component in physical or Ohkay Owingeh to near Alcalde in Rio our conservation strategy for designating biological feature 2 (PBF 2). Hydrologic Arriba County, New Mexico. critical habitat for the western yellow- processes, in natural or altered systems, Approximately 1,313 ac (531 ha) is in billed cuckoo. that provide for maintaining and Tribal ownership, and 517 ac (209 ha) Unit 37: NM–6A and NM–6B Middle Rio regenerating breeding habitat as is in other ownership. The unit provides Grande; Sierra, Socorro, Valencia, identified in physical or biological the habitat component provided in Bernalillo, and Sandoval Counties, New feature 3 (PBF 3) occurs within this unit physical or biological feature 1 (PBF 1) Mexico but depends on river flows and flood and the prey component in physical or timing. This unit is considered to have biological feature 2 (PBF 2). Hydrologic Revised proposed critical habitat Unit been occupied at the time of listing and processes, in natural or altered systems, NM–6 is made up of two areas (NM–6A is used by the western yellow-billed that provide for maintaining and = 7,238 ac (2,929 ha) and NM–6B = cuckoo during the breeding season. This regenerating breeding habitat as 61,343 ac (24,825 ha)) along the Rio unit is consistently occupied by a large identified in physical or biological Grande from Elephant Butte Reservoir number of western yellow-billed feature 3 (PBF 3) occurs within this unit in Sierra County upstream through cuckoos during the breeding season and but depends on river flows and flood Socorro, Valencia, and Bernalillo is an important breeding location for the timing. This unit is considered to have Counties to below Cochiti Dam in species. The site also provides migratory been occupied at the time of listing and Cochiti Pueblo in Sandoval County, stopover habitat for western yellow- is used by the western yellow-billed New Mexico. Approximately 11,802 ac billed cuckoos moving farther north. cuckoo during the breeding season. The (4,776 ha) is in Federal ownership; Tamarisk is a component of habitat in site also provides a movement corridor 21,914 ac (8,868 ha) is in State this unit and may provide understory or for western yellow-billed cuckoos ownership; 2,257 ac (913 ha) is in Tribal nesting habitat for the western yellow- moving farther north. Tamarisk is a ownership; and 25,376 ac (10,270 ha) is billed cuckoo. This unit is part of the component of habitat in this unit and in other ownership. This unit is part of core area as identified in our may provide understory or nesting the core area as identified in our conservation strategy for designating habitat for the western yellow-billed conservation strategy for designating critical habitat for the western yellow- cuckoo. This unit is part of the core area critical habitat for the western yellow- billed cuckoo. as identified in our conservation billed cuckoo. strategy for designating critical habitat This unit is consistently occupied by Unit 34: NM–3A and NM–3B Mimbres for the western yellow-billed cuckoo. a large number of breeding western River; Grant County, New Mexico yellow-billed cuckoos and currently is Unit 36: NM–5 Upper Rio Grande 2; Revised proposed critical habitat Unit the largest breeding group of the Santa Fe and Rio Arriba Counties, New NM–3 is 544 ac (220 ha) in extent (NM– western yellow-billed cuckoo north of Mexico 3A = 260 ac (105 ha); NM–3B = 284 ac Mexico. This unit is considered to have (115 ha)). The unit is made up of two Revised proposed critical habitat unit been occupied at the time of listing and segments totaling approximately 7.4 mi NM–5 is 1,173 ac (475 ha) in extent and is used by the western yellow-billed (11.9 km) of the Mimbres River north of is a 6-mi (10-km)-long continuous cuckoo during the breeding season. The the town of Mimbres in Grant County, segment of the Upper Rio Grande unit provides the habitat component New Mexico. The entire proposed Unit starting from the Highway 502 Bridge at provided in physical or biological NM–3 is privately owned. This unit is the south end of the San Ildefonso feature 1 (PBF 1) and the prey considered to have been occupied at the Pueblo upstream to a point on the river component in physical or biological time of listing because it has been in Rio Arriba County, New Mexico. The feature 2 (PBF 2). Hydrologic processes, occupied by western yellow-billed entire proposed unit NM–5 is Tribal in natural or altered systems, that cuckoos during the breeding season in land located on the San Ildefonso provide for maintaining and recent years. The two areas provide the Pueblo and Santa Clara Pueblo. The unit regenerating breeding habitat as habitat components in physical or provides the habitat component identified in physical or biological biological feature 1 (PBF 1) and the prey provided in physical or biological feature 3 (PBF 3) occurs within this unit component in physical or biological feature 1 (PBF 1) and the prey but depends on river flows and flood feature 2 (PBF 2). Hydrologic processes, component in physical or biological timing. The site also provides a in natural or altered systems, that feature 2 (PBF 2). Hydrologic processes, movement corridor for western yellow- provide for maintaining and in natural or altered systems, that billed cuckoos. Altered hydrology has regenerating breeding habitat as provide for maintaining and resulted in the establishment of identified in physical or biological regenerating breeding habitat as tamarisk. Tamarisk is being used by feature 3 (PBF 3) occurs within this unit identified in physical or biological western yellow-billed cuckoos during but depends on river flows and flood feature 3 (PBF 3) occurs within this unit the breeding season in this unit and may timing. Tamarisk is a component of but depends on river flows and flood provide important understory habitat habitat in this unit and may provide timing. This unit is considered to have (Sechrist et al. 2009, p. 55). The understory or nesting habitat for the been occupied at the time of listing and occupied habitat within Elephant Butte western yellow-billed cuckoo. This unit is used by the western yellow-billed Reservoir from RM 54 to RM 38 was is part of the core area as identified in cuckoo during the breeding season. This added to this unit, as well as occupied

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areas within Bosque del Apache within Sierra County, New Mexico. The riparian vegetation that are suitable as National Wildlife Refuge extending west entire unit is owned by Reclamation and western yellow-billed cuckoo breeding of the active floodplain. These additions managed by Reclamation, NM State habitat and connected areas of riparian are included based on consistent Parks, and BLM. This unit was formally vegetation that are suitable as foraging occupancy of breeding western yellow- surveyed in 2014 and 2015 with an habitat. Habitat at the site consists of billed cuckoos in these areas. For estimated occupancy of 14 breeding mainly sycamore riparian woodland. Elephant Butte Reservoir specifically pairs. We used the 1998–2014 The site also provides a movement and in addition to the consistent timeframe to determine occupancy at corridor and migratory stop-over habitat occupancy of breeding western yellow- the time of listing. We included 2015 for western yellow-billed cuckoos. The billed cuckoos, multiple comments were results because it is the best available addition of this unit is based on new received from the previous critical information. This unit is part of the core records of western yellow-billed habitat proposal further citing why this area as identified in our conservation cuckoos that were not available when extended portion from RM 54 to RM 38 strategy for designating critical habitat the proposed critical habitat rule was is essential to the conservation of the for the western yellow-billed cuckoo. published (Stinnett 2018, entire). This species. The unit is considered to have been occupied at the time of listing. The unit unit is part of the core area as identified Unit 38: NM–7, Upper Gila River; provides the habitat component in our conservation strategy for Hidalgo and Grant Counties, New provided in physical or biological designating critical habitat for the Mexico feature 1 (PBF 1) and the prey western yellow-billed cuckoo. Revised proposed critical habitat Unit component in physical or biological Unit 41: NM–10 Selden Canyon and NM–7 is 4,727 ac (1,913 ha) in size and feature 2 (PBF 2). Hydrologic processes, Radium Springs; Don˜ a Ana County, extends in a 30-mi (48-km)-long in natural or altered systems, that New Mexico continuous segment of the Gila River provide for maintaining and from the Arizona-New Mexico border 5 regenerating breeding habitat as Revised proposed critical habitat unit mi (8 km) downstream from Virden in identified in physical or biological NM–10 is 237 ac (96 ha) in extent and Hidalgo County upstream to 8 mi (13 feature 3 (PBF 3) occurs within this unit is a 12.5-mi (20-km)-long continuous km) upstream from Red Rock in Grant but depends on river flows and flood segment of river in Don˜ a Ana County, County, New Mexico. Approximately timing. The unit includes areas of New Mexico. It is located on a 980 ac (396 ha) is in Federal ownership; riparian vegetation composed of mainly continuous segment of habitat 294 ac (119 ha) is in State ownership; Goodding’s and coyote willow as well northwest of the town of Radium and 3,453 ac (1,397 ha) is in other as tamarisk. The areas also provide a Springs, within Don˜ a Ana County, New ownership. This site is consistently movement corridor and migratory stop- Mexico. Approximately 20 ac (8 ha) is occupied by numerous pairs of western over habitat for western yellow-billed in Federal ownership, and 218 ac (88 yellow-billed cuckoos during the cuckoos. Despite the minimal acreage breeding season. Tamarisk is a and narrow size of the habitat patches ha) is in other ownership. This unit was component of habitat in this unit and within the unit, we still consider this formally surveyed in 2014 and 2015 may provide understory or nesting unit essential to the conservation of the with an estimated occupancy of four habitat for the western yellow-billed species due to the information stated breeding pairs. We used the 1998–2014 cuckoo. This unit is part of the core area above and because of the lack of habitat timeframe to determine occupancy at as identified in our conservation in the surrounding area. This type of the time of listing. We included 2015 strategy for designating critical habitat habitat is representative of the results because it is the best available for the western yellow-billed cuckoo. southwestern breeding habitat type. information. This unit is part of the core The unit is considered to have been area as identified in our conservation occupied at the time of listing. The unit Unit 40: NM–9 Animas; Sierra County, strategy for designating critical habitat provides the habitat component New Mexico for the western yellow-billed cuckoo. provided in physical or biological Revised proposed critical habitat unit The unit is considered to have been NM–9 is 608 ac (246 ha) in extent and feature 1 (PBF 1) and the prey occupied at the time of listing. The unit is located on a 6-mi (10-km)-long component in physical or biological provides the habitat component continuous segment of Las Animas feature 2 (PBF 2). Hydrologic processes, provided in physical or biological Creek west of the town of Caballo, in natural or altered systems, that feature 1 (PBF 1) and the prey within Sierra County, New Mexico. The provide for maintaining and component in physical or biological regenerating breeding habitat as entire unit is privately owned and feature 2 (PBF 2). Hydrologic processes, identified in physical or biological managed. This site has been known to in natural or altered systems, that feature 3 (PBF 3) occurs within this unit be historically occupied based on provide for maintaining and but depends on river flows and flood incidental detections prior to 2016. regenerating breeding habitat as timing. The unit also provides The unit is considered to have been identified in physical or biological connecting habitat between the Upper occupied at the time of listing. The unit and Lower Gila River and a movement provides the habitat component feature 3 (PBF 3) occurs within this unit corridor and migratory stop-over habitat provided in physical or biological but depends on river flows and flood for western yellow-billed cuckoos. feature 1 (PBF 1) and the prey timing. The unit includes areas of component in physical or biological riparian vegetation composed of mainly Unit 39: NM–8A Caballo Delta North feature 2 (PBF 2). Hydrologic processes, tamarisk and coyote willow, which and NM–8B Caballo Delta South; Sierra in natural or altered systems, that provide the structure and density to County, New Mexico provide for maintaining and accommodate four estimated territories. Revised proposed critical habitat unit regenerating breeding habitat as The addition of the unit is based on new NM–8 is made up of two areas (NM–8A identified in physical or biological records of western yellow-billed = 190 ac (77 ha) and NM–8B = 155 ac feature 3 (PBF 3) occurs within this unit cuckoos that were not available when (63 ha)) within the delta area of Caballo but depends on river flows and flood the proposed critical habitat rule was Reservoir east of the town of Caballo, timing. The unit includes areas of published (White et al. 2018, entire).

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Unit 42: AZ–30 Arivaca Wash and San provided in physical or biological billed cuckoo. The site also provides a Luis Wash; Pima County, Arizona feature 1 (PBF 1) and the prey movement corridor and migratory stop- Revised proposed critical habitat unit component in physical or biological over habitat for western yellow-billed AZ–30 is 5,765 ac (2,333 ha) in extent feature 2 (PBF 2). Hydrologic processes, cuckoos. The unit is considered to have been and is made up of two washes that join in natural or altered systems, that occupied at the time of listing. The unit to form a 17-mi (27-km)-long continuous provide for maintaining and provides the habitat component segment that comprises 9 mi (15 km) of regenerating breeding habitat as provided in physical or biological Arivaca Wash and 8 mi (13 km) of San identified in physical or biological feature 1 (PBF 1) and the prey Luis Wash. The unit is located about 10 feature 3 (PBF 3) occurs within this unit component in physical or biological mi (16 km) north of the border of (monsoonal events). This unit is considered to have been occupied at the feature 2 (PBF 2). Hydrologic processes, Mexico near the Town of Arivaca in time of listing. The site also provides a in natural or altered systems, that Pima County, Arizona. Approximately movement corridor and migratory stop- provide for maintaining and 4,662 ac (1,887 ha) is in Federal over habitat for western yellow-billed regenerating breeding habitat as ownership; 89 ac (36 ha) is in State cuckoos. This unit is part of the area identified in physical or biological ownership; and 1,014 ac (410 ha) is in within the Southwest portion of the DPS feature 3 (PBF 3) occurs within this unit other ownership. The unit is considered that provides breeding habitat for the (monsoonal events). The unit includes to have been occupied at the time of western yellow-billed cuckoo, which is areas of riparian and Madrean evergreen listing. This unit is consistently outside mainstem rivers and their woodland vegetation that are suitable as occupied by western yellow-billed tributaries as identified in our western yellow-billed cuckoo breeding cuckoos during the breeding season. conservation strategy for designating habitat and connected areas of riparian The unit provides the habitat critical habitat for the western yellow- and Madrean evergreen woodland component provided in physical or billed cuckoo. vegetation that are suitable as foraging biological feature 1 (PBF 1) and the prey This unit is within the Santa Rita habitat. California Gulch is an Arizona component in physical or biological Mountains IBA (National Audubon IBA in one of the sky islands, with feature 2 (PBF 2). Hydrologic processes, Society 2016f, entire), one of the sky western yellow-billed cuckoos in natural or altered systems, that islands of southeastern Arizona with identified as one of the breeding birds provide for maintaining and transitional elevational gradients of (National Audubon Society 2016g; regenerating breeding habitat as forest, oak woodland, grassland, and entire). The canyon is unique with its identified in physical or biological riparian habitat. Vegetation in occupied dense shrub layer on its steep sides, and feature 3 (PBF 3) occurs within this unit habitat is primarily oak, hackberry, and a perennial spring-fed stream draining (monsoonal events). This unit is part of mesquite, with some sycamore, ocotillo into Mexico (National Audubon Society the area within the Southwest portion of (Fouquieria splendens), and juniper 2016g, entire). The habitat is Sonoran the DPS that provides breeding habitat along with various other midstory and desert scrub, Madrean evergreen for the western yellow-billed cuckoo, understory plant species (MacFarland woodland, semi-desert grassland, and which is outside mainstem rivers and and Horst 2015, pp. 124, 129, 134). low-elevation riparian. their tributaries as identified in our conservation strategy for designating Unit 44: AZ–32 California Gulch; Santa Unit 45: AZ–33 Sycamore Canyon; critical habitat for the western yellow- Cruz County, Arizona Santa Cruz County, Arizona billed cuckoo. The site also provides a Revised proposed critical habitat Unit Revised proposed critical habitat Unit movement corridor between larger AZ–32 is 558 ac (226 ha) in extent and AZ–33 is 601 ac (243 ha) in extent and habitat patches. Tamarisk is a is a 7-mi (11-km)-long continuous is an 8-mi (11-km)-long continuous component of habitat in this unit and segment along California Gulch in Santa segment along Sycamore Canyon in may provide understory or nesting Cruz County, Arizona. Approximately Santa Cruz County, Arizona. Nearly the habitat for the western yellow-billed 376 ac (152 ha) is in Federal ownership, entire unit is in Federal ownership with cuckoo. and 182 ac (73 ha) is in other less than 1 ac (< 1 ha) being privately ownership. Following the publication of owned. Following the publication of the Unit 43: AZ–31 Florida Wash; Pima and the 2014 critical habitat proposed rule, 2014 proposed rule, we received Santa Cruz Counties, Arizona we received additional information on additional information on western Revised proposed critical habitat Unit western yellow-billed cuckoo yellow-billed cuckoo occupancy in AZ–31 is 747 ac (302 ha) in extent and occupancy in Madrean evergreen Madrean evergreen woodland drainages is a 6-mi (10-km)-long continuous woodland drainages that supports that supports inclusion as critical segment of Florida Wash and tributaries inclusion of this area as critical habitat habitat (MacFarland and Horst 2015, in Pima and Santa Cruz Counties, (MacFarland and Horst 2015, entire). entire). This new unit is part of the area Arizona. Approximately 449 ac (182 ha) There have been multiple reports of within the Southwest portion of the DPS is in Federal ownership; 255 ac (103 ha) western yellow-billed cuckoos using that provides breeding habitat for the is in State ownership; and 43 ac (18 ha) this drainage during the breeding period western yellow-billed cuckoo, which is is in other ownership. This unit has between July–September 2001–2015 outside mainstem rivers and their been expanded from the 2014 proposed (Cornell Lab of Ornithology 2016 (eBird tributaries as identified in our designation because new information data)). Therefore we consider this a conservation strategy for designating shows that western yellow-billed breeding area for the species. This new critical habitat for the western yellow- cuckoos occupy habitat during the unit is part of the area within the billed cuckoo. There have been multiple breeding season within the expanded Southwest portion of the DPS that sightings of western yellow-billed area of suitable habitat (Arizona Game provides breeding habitat for the cuckoo using this drainage in the and Fish Department 2016, entire; western yellow-billed cuckoo, which is months of July–September in almost MacFarland and Horst 2015, pp. 101– outside mainstem rivers and their every year during the period 2000–2015 102, 185–186; Cornell Lab of tributaries as identified in our (Cornell Lab of Ornithology 2016 (eBird Ornithology 2016 (eBird data)). The unit conservation strategy for designating data)). Up to six territories or potential provides the habitat component critical habitat for the western yellow- pairs were found during western

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yellow-billed cuckoo surveys in 1999 106). This new unit is part of the area over habitat for western yellow-billed (Corman and Magill 2000, p. 51). During within the Southwest portion of the DPS cuckoos. 2015 surveys, three territories were that provides breeding habitat for the The unit is considered to have been detected, including one territory with a western yellow-billed cuckoo, which is occupied at the time of listing. The unit pair and another territory with a outside mainstem rivers and their provides the habitat component western yellow-billed cuckoo carrying tributaries as identified in our provided in physical or biological food (MacFarland and Horst 2015, pp. conservation strategy for designating feature 1 (PBF 1) and the prey 25–26). The site also provides a critical habitat for the western yellow- component in physical or biological movement corridor and migratory stop- billed cuckoo. The site also provides a feature 2 (PBF 2). Hydrologic processes, over habitat for western yellow-billed movement corridor and migratory stop- in natural or altered systems, that cuckoos. over habitat for western yellow-billed provide for maintaining and The unit is considered to have been cuckoos. regenerating breeding habitat as occupied at the time of listing. The unit The unit is considered to have been identified in physical or biological provides the habitat component occupied at the time of listing. The unit feature 3 (PBF 3) occurs within this unit provided in physical or biological provides the habitat component (monsoonal events). This unit includes feature 1 (PBF 1) and the prey provided in physical or biological areas of riparian and Madrean evergreen component in physical or biological feature 1 (PBF 1) and the prey woodland vegetation that are suitable as feature 2 (PBF 2). Hydrologic processes, component in physical or biological western yellow-billed cuckoo breeding in natural or altered systems, that feature 2 (PBF 2). Hydrologic processes, habitat and connected areas of riparian provide for maintaining and in natural or altered systems, that and Madrean evergreen woodland regenerating breeding habitat as provide for maintaining and vegetation that are suitable as foraging identified in physical or biological regenerating breeding habitat as habitat. This canyon contains dense feature 3 (PBF 3) occurs within this unit identified in physical or biological vegetation along the creek that flows (monsoonal events). The unit includes feature 3 (PBF 3) occurs within this unit through the bottom of the canyon, and areas of riparian and Madrean evergreen (monsoonal events). The unit includes the sloping vegetated canyon walls woodland vegetation that are suitable as areas of riparian and Madrean evergreen provide additional foraging western yellow-billed cuckoo breeding woodland vegetation that are suitable as opportunities (MacFarland and Horst habitat and connected areas of riparian western yellow-billed cuckoo breeding 2015, p. 103). This unit is within the and Madrean evergreen woodland habitat and connected areas of riparian Santa Rita Mountains IBA (National vegetation that are suitable as foraging and Madrean evergreen woodland Audubon Society 2016f, entire), one of habitat. This unit is contained within vegetation that are suitable as foraging the sky islands in southeastern Arizona. the Sycamore Canyon/Pajarito habitat. This unit is within the Santa Unit 48: AZ–36 Patagonia Mountains, Mountains IBA, with western yellow- Rita Mountains IBA (National Audubon Santa Cruz County, Arizona billed cuckoos identified as one of the Society 2016f, entire), one of the sky breeding birds (National Audubon islands in southeastern Arizona. Revised proposed critical habitat Unit Society 2016h, entire). AZ–36 is 1,912 ac (774 ha) in extent and Unit 47: AZ–35 Montosa Canyon; Santa is an 11-mi (17-km)-long segment made Unit 46: AZ–34 Madera Canyon; Pima Cruz County, Arizona up of several drainages in the Patagonia and Santa Cruz Counties, Arizona Revised proposed critical habitat Unit Mountains in Santa Cruz County, Revised proposed critical habitat Unit AZ–35 is 499 ac (202 ha) in extent and Arizona. Approximately 1,059 ac (429 AZ–34 is 1,732 ac (701 ha) in extent and is a 4-mi (6-km)-long continuous ha) is in Federal ownership; 8 ac (3 ha) is a 7-mi (11-km)-long continuous segment of Montosa Canyon in Santa is in State ownership; and 845 ac (341 segment of Madera Canyon in Pima and Cruz County, Arizona. Approximately ha) is in other ownership. Following the Santa Cruz Counties, Arizona. 496 ac (201 ha) is in Federal ownership, publication of the 2014 critical habitat Approximately 1,419 ac (574 ha) is in and 3 ac (1 ha) is in other ownership. proposed rule, we received additional Federal ownership, and 313 ac (127 ha) Following the publication of the 2014 information on western yellow-billed is in other ownership. Following the critical habitat proposed rule, we cuckoo occupancy in Madrean publication of the 2014 critical habitat received additional information on evergreen woodland drainages that proposed rule, we received additional western yellow-billed cuckoo supports inclusion as critical habitat information on western yellow-billed occupancy in Madrean evergreen (MacFarland and Horst 2015, entire). A cuckoo occupancy in Madrean woodland drainages that supports popular birding destination, there have evergreen woodland drainages that inclusion as critical habitat. Five been multiple postings in eBird of supports inclusion as critical habitat territories, including four pairs, were western yellow-billed cuckoos using (MacFarland and Horst 2015, entire). found during surveys in 2015 this drainage in the months of July– This unit in Madera Canyon includes (MacFarland and Horst 2015, pp. 103– September in the period 2000–2015 many western yellow-billed cuckoo 104; Sferra 2015, entire). Many western (Cornell Lab of Ornithology 2016 (eBird detections by birders throughout this yellow-billed cuckoos have been data)). Western yellow-billed cuckoos reach between 1998 and 2014 (Cornell detected by birders for at least the last were detected in eight locations during Lab of Ornithology 2016 (eBird data)). 4 years (Cornell Lab of Ornithology 2016 2012 surveys in riparian vegetation The mouth of lower Madera Canyon is (eBird data)). This new unit is part of along 2.2 mi (3.5 km) of Harshaw Creek, an area with numerous western yellow- the area within the Southwest portion of along 2.1 mi (3.3 km) of Corral Canyon, billed cuckoo detections in multiple the DPS that provides breeding habitat and along 1.4 mi (2.2 km) of Hermosa years (Cornell Lab of Ornithology 2016 for the western yellow-billed cuckoo, Canyon (WestLand Resources, Inc. (eBird data)). Tucson Audubon which is outside mainstem rivers and 2013a, pp. 2–3). Four locations were in documented one occupied territory their tributaries as identified in our Harshaw Creek, four were in Corral found consistently in lower Madera conservation strategy for designating Canyon, and two were in Hermosa Canyon during protocol surveys during critical habitat for the western yellow- Canyon (WestLand Resources, Inc. the breeding season in 2015 billed cuckoo. The site also provides a 2013a, p. 4). Western yellow-billed (MacFarland and Horst 2015, pp. 105– movement corridor and migratory stop- cuckoos were in ephemeral drainages,

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except for one Hermosa Canyon Unit 49: AZ–37 Canelo Hills, Santa Cruz woodland vegetation that are suitable as detection on a hilltop of sparse oak trees County western yellow-billed cuckoo breeding and manzanita (WestLand Resources, Revised proposed critical habitat Unit habitat and connected areas of riparian Inc. 2013a, p. 5). Western yellow-billed AZ–37 is 2,822 ac (1,142 ha) in extent and Madrean evergreen woodland cuckoos were detected along 8 of the and is an 11.5-mi (18.5-km)-long of a vegetation that are suitable as foraging survey transects at a total of 46 separate drainage within Santa Cruz County, habitat. locations in an expanded 2013 survey in Arizona. Approximately 1,381 ac (559 Unit 50: AZ–38 Arivaca Lake, Pima and Harshaw Creek and an unnamed ha) is in Federal ownership; 1 ac (less Santa Cruz Counties, Arizona tributary, Hermosa Creek, Goldbaum than 1 ha) is in State ownership; and Creek, Corral Canyon and two unnamed Revised proposed critical habitat Unit 1,440 ac (583 ha) is in other ownership. AZ–38 is 1,365 ac (553 ha) in extent and tributaries, and Willow Springs Canyon Following the publication of the 2014 (WestLand Resources, Inc. 2013b, pp. 4– is a 9-mi (14-km)-long continuous proposed rule, we received survey segment of stream near Arivaca Lake in 5). Surveyors documented seven information, as identified below, on possible breeding occurrences and two Pima and Santa Cruz Counties, Arizona. western yellow-billed cuckoo probable breeding occurrences Approximately 567 ac (229 ha) is in occupancy and habitat use that confirms (WestLand Resources, Inc. 2013b, pp. 7– Federal ownership; 417 ac (169 ha) is in occupancy at the time of listing which 9). Probable breeding locations were State ownership; and 381 ac (154 ha) is supports the addition of this unit to the defined by two western yellow-billed in other ownership. Following the proposed designation of critical habitat. cuckoos exchanging calls at the same publication of the 2014 proposed rule, Western yellow-billed cuckoos we received additional information on location, and possible breeding occupy the trees bordering creeks and locations were defined as multiple western yellow-billed cuckoo cienega wetlands and have been detections in the same location across occupancy and habitat use from the detected during the breeding season in more than one survey period (WestLand time of listing and shortly thereafter several years, including a pair each on Resources, Inc. 2013b, pp. 8–9). This (2015) that supports inclusion as critical August 27, 1998, at Canelo Hills Cienega new unit is part of the area within the habitat (MacFarland and Horst 2015, and Turkey Creek (Corman and Magill Southwest portion of the DPS that entire). Tucson Audubon detected seven 2000, p. 43; Cornell Lab of Ornithology provides breeding habitat for the occupied territories with repeated 2016 (eBird data)). Western yellow- western yellow-billed cuckoo, which is detections, including three pairs, where billed cuckoos have been detected outside mainstem rivers and their they surveyed at and near the lake in incidentally in this unit for many years tributaries as identified in our 2015 (MacFarland and Horst 2015, pp. conservation strategy for designating from 1967 through 1998 (Arizona Game 17–18). The seven territories critical habitat for the western yellow- and Fish Department 2016, entire) and documented is likely an underestimate, billed cuckoo. The site also provides a more recently on June 19, 2001, as only a small portion of suitable movement corridor migratory stop-over September 28, 2011, August 13, 2013, habitat was surveyed. Western yellow- habitat for western yellow-billed and June 23, 2014 (Cornell Lab of billed cuckoos were detected at the lake cuckoos. Ornithology 2016 (eBird data)). The first on every visit during 2015, and habitat This unit was occupied by the species year of protocol surveys were conducted surrounding the lake and side canyons at the time of listing. The unit provides in 2015, with western yellow-billed is considered highly suitable. Some the habitat component provided in cuckoos detected on July 16, July 26 parts of the lake were only surveyed physical or biological feature 1 (PBF 1) (two western yellow-billed cuckoos in once in 2015 due to safety concerns and and the prey component in physical or different areas), July 31, August 5 (two the difficulty of walking in rough terrain biological feature 2 (PBF 2). Hydrologic western yellow-billed cuckoos in and through dense vegetation processes, in natural or altered systems, different areas), and August 29 (MacFarland and Horst 2015, pp. 17– that provide for maintaining and (Audubon Arizona 2015, entire). 18). Additional records exist from regenerating breeding habitat as This new unit is part of the area previous years (Cornell Lab of identified in physical or biological within the Southwest portion of the DPS Ornithology 2016 (eBird data). Although feature 3 (PBF 3) occurs within this unit that provides breeding habitat for the some of the sightings are from after the (monsoonal events). Western yellow- western yellow-billed cuckoo, which is time of listing, we believe the site was billed cuckoos were largely associated outside mainstem rivers and their used by the western yellow-billed with oak, juniper, and scattered tributaries as identified in our cuckoo based on past records and sycamore vegetation along drainages, conservation strategy for designating habitat conditions. but they were also detected in upland critical habitat for the western yellow- This unit is part of the area within the areas dominated by nonriparian billed cuckoo. The site also provides a Southwest portion of the DPS that associated shrubs and oak trees movement corridor and migratory stop- provides breeding habitat for the (WestLand Resources, Inc. 2013, p. 3). over habitat for western yellow-billed western yellow-billed cuckoo, which is The Patagonia Mountains IBA is cuckoos. The unit is considered to have outside mainstem rivers and their within one of southern Arizona’s sky been occupied at the time of listing. The tributaries as identified in our islands and is composed of Madrean unit provides the habitat component conservation strategy for designating evergreen woodland habitat dominated provided in physical or biological critical habitat for the western yellow- by oak-juniper, oak-pine, and pine oak feature 1 (PBF 1) and the prey billed cuckoo. The site also provides a communities surrounded by grasslands component in physical or biological movement corridor and migratory stop- and desert (National Audubon Society feature 2 (PBF 2). Hydrologic processes, over habitat for western yellow-billed 2016i, entire). The many canyons and in natural or altered systems, that cuckoos. The unit is considered to have drainages that cut through these provide for maintaining and been occupied at the time of listing. The mountains support riparian vegetation. regenerating breeding habitat as unit provides the habitat component The extent of the oak-juniper identified in physical or biological provided in physical or biological community type habitat, with feature 3 (PBF 3) occurs within this unit feature 1 (PBF 1) and the prey sycamores in drainages, is continuous (monsoonal events). This unit includes component in physical or biological throughout this range. areas of riparian and Madrean evergreen feature 2 (PBF 2). Hydrologic processes,

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in natural or altered systems, that habitat and connected areas of riparian feature 3 (PBF 3) occurs within this unit provide for maintaining and and Madrean evergreen woodland (monsoonal events). This unit includes regenerating breeding habitat as vegetation that are suitable as foraging areas of riparian and Madrean evergreen identified in physical or biological habitat. Dominant overstory vegetation woodland vegetation that are suitable as feature 3 (PBF 3) occurs within this unit in occupied habitat consists of oak, western yellow-billed cuckoo breeding (monsoonal events). This unit includes sycamore, cottonwood, mesquite, habitat and connected areas of riparian areas of riparian and Madrean evergreen walnut, and ocotillo (MacFarland and and Madrean evergreen woodland woodland vegetation that are suitable as Horst 2015, p. 122). vegetation that are suitable as foraging western yellow-billed cuckoo breeding habitat. Overstory vegetation at Unit 52: AZ–40 Pena Blanca Canyon, habitat and connected areas of riparian occupied territories is primarily oak and Santa Cruz County, Arizona and Madrean evergreen woodland willow, with small amounts of juniper vegetation that are suitable as foraging Revised proposed critical habitat Unit and ash (MacFarland and Horst 2015, p. habitat. AZ–40 is 484 ac (196 ha) in extent and 121). is a 7-mi (11-km)-long continuous Unit 51: AZ–39 Peppersauce Canyon, segment of stream within Pena Blanca Unit 53: AZ–41 Box Canyon, Pima Pinal County, Arizona Canyon in Santa Cruz County, Arizona. County, Arizona Revised proposed critical habitat Unit Approximately 483 ac (196 ha) is in Revised proposed critical habitat Unit AZ–39 is 349 ac (141 ha) in extent and Federal ownership, and less than 1 ac (1 AZ–41 is 536 ac (217 ha) in extent and is a 4-mi (6-km)-long continuous ha) is in other ownership. Following the is a 7-mi (11-km)-long continuous segment of stream within Peppersauce publication of the first western yellow- segment of stream within Box Canyon in Canyon in Pinal County, Arizona. billed cuckoo critical habitat proposed Pima County, Arizona. Approximately Approximately 317 ac (128 ha) is in rule, we received additional information 317 ac (128 ha) is in Federal ownership; Federal ownership, and 32 ac (13 ha) is on western yellow-billed cuckoo 184 ac (74 ha) is in State ownership; and in other ownership. Following the occupancy and habitat use in Madrean 34 ac (14 ha) is in other ownership. publication of the first western yellow- evergreen woodland drainages that Following the publication of the first billed cuckoo critical habitat proposed supports inclusion as critical habitat western yellow-billed cuckoo critical rule, we received additional information (MacFarland and Horst 2015, entire). habitat proposed rule, we received on western yellow-billed cuckoo Tucson Audubon detected three western additional information on western occupancy and habitat use in Madrean yellow-billed cuckoo territories, yellow-billed cuckoo occupancy and evergreen woodland drainages that including two pairs during surveys in habitat use in Madrean evergreen supports inclusion as critical habitat. 2015 (MacFarland and Horst 2015, pp. woodland drainages that supports Tucson Audubon detected western 21–22). Western yellow-billed cuckoos inclusion as critical habitat (MacFarland yellow-billed cuckoos on two surveys in were detected on all four surveys in and Horst 2015, entire). Tucson 2015, including a pair in August, the 2015, including a western yellow-billed Audubon detected two western yellow- first year this area has been surveyed cuckoo on a nest, and a western yellow- billed cuckoo territories on three (MacFarland and Horst 2015, pp. 53– billed cuckoo carrying what appeared to surveys in 2015, including the 54). Although these sightings are from be food at a different location. An adult observation of a western yellow-billed after the time of listing, we believe the was observed feeding a large caterpillar cuckoo carrying food, an indication of a site was used by the western yellow- to a fledgling on September 19, 2014 at likely active nest (MacFarland and Horst billed cuckoo based on occupancy in Pena Blanca Lake (Helentjaris 2014, 2015, pp. 97–98). A western yellow- nearby areas and habitat conditions. entire). Western yellow-billed cuckoos billed cuckoo was also observed This new unit is part of the area have been documented in other years at carrying food to a nest on August 28, within the Southwest portion of the DPS this site as well, with data from birder 2013, at a different location (Sebesta that provides breeding habitat for the listserves and eBird (Cornell Lab of 2014, entire). Other observations of western yellow-billed cuckoo, which is Ornithology 2016 (eBird data)). western yellow-billed cuckoos in Box outside mainstem rivers and their Although these sightings are from after Canyon have been reported by birders tributaries as identified in our the time of listing, we believe the site during the breeding season in more than conservation strategy for designating was used by the western yellow-billed one year (Cornell Lab of Ornithology critical habitat for the western yellow- cuckoo based on occupancy in nearby 2016 (eBird data)). Although some of billed cuckoo. The site also provides a areas and habitat conditions. these sightings are from after the time of movement corridor and migratory stop- This new unit is part of the area listing, we believe the site was used by over habitat for western yellow-billed within the Southwest portion of the DPS the western yellow-billed cuckoo based cuckoos. that provides breeding habitat for the on records at the time of listing, The unit is considered to have been western yellow-billed cuckoo, which is occupancy in nearby areas, and habitat occupied at the time of listing. The unit outside mainstem rivers and their conditions. This unit is within the Santa provides the habitat component tributaries as identified in our Rita Mountains IBA (National Audubon provided in physical or biological conservation strategy for designating Society 2016f, entire) (see description feature 1 (PBF 1) and the prey critical habitat for the western yellow- under Unit 43; AZ–31 Florida Wash). component in physical or biological billed cuckoo. The unit is considered to This new unit is part of the area feature 2 (PBF 2). Hydrologic processes, have been occupied at the time of within the Southwest portion of the DPS in natural or altered systems, that listing. The unit provides the habitat that provides breeding habitat for the provide for maintaining and component provided in physical or western yellow-billed cuckoo, which is regenerating breeding habitat as biological feature 1 (PBF 1) and the prey outside mainstem rivers and their identified in physical or biological component in physical or biological tributaries as identified in our feature 3 (PBF 3) occurs within this unit feature 2 (PBF 2). Hydrologic processes, conservation strategy for designating (monsoonal events). This unit includes in natural or altered systems, that critical habitat for the western yellow- areas of riparian and Madrean evergreen provide for maintaining and billed cuckoo. The site also provides a woodland vegetation that are suitable as regenerating breeding habitat as movement corridor and migratory stop- western yellow-billed cuckoo breeding identified in physical or biological over habitat for western yellow-billed

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cuckoos. The unit is considered to have the western yellow-billed cuckoo based after the time of listing, we believe the been occupied at the time of listing. The on records at the time of listing, site was used by the western yellow- unit provides the habitat component occupancy in nearby areas, and habitat billed cuckoo based on occupancy in provided in physical or biological conditions. nearby areas and habitat conditions. feature 1 (PBF 1) and the prey This new unit is part of the area This new unit is part of the area component in physical or biological within the Southwest portion of the DPS within the Southwest portion of the DPS feature 2 (PBF 2). Hydrologic processes, that provides breeding habitat for the that provides breeding habitat for the in natural or altered systems, that western yellow-billed cuckoo, which is western yellow-billed cuckoo, which is provide for maintaining and outside mainstem rivers and their outside mainstem rivers and their regenerating breeding habitat as tributaries as identified in our tributaries as identified in our identified in physical or biological conservation strategy for designating conservation strategy for designating feature 3 (PBF 3) occurs within this unit critical habitat for the western yellow- critical habitat for the western yellow- (monsoonal events). This unit includes billed cuckoo. The site also provides a billed cuckoo. The site is considered areas of riparian and Madrean evergreen movement corridor and migratory stop- occupied at the time of listing. The site woodland vegetation that are suitable as over habitat for western yellow-billed also provides a movement corridor and western yellow-billed cuckoo breeding cuckoos. migratory stop-over location and was habitat and connected areas of riparian The unit is considered to have been considered occupied by the species at and Madrean evergreen woodland occupied at the time of listing. The unit the time of listing. The unit provides the vegetation that are suitable as foraging provides the habitat component habitat component provided in physical habitat. Overstory vegetation in provided in physical or biological or biological feature 1 (PBF 1) and the occupied habitat is primarily mesquite, feature 1 (PBF 1) and the prey prey component in physical or ash, ocotillo, willow, oak, sycamore, component in physical or biological biological feature 2 (PBF 2). Hydrologic hackberry, and juniper (MacFarland and feature 2 (PBF 2). Hydrologic processes, processes, in natural or altered systems, Horst 2015, p. 124). Midstory vegetation in natural or altered systems, that that provide for maintaining and in occupied habitat includes desert provide for maintaining and regenerating breeding habitat as cotton, walnut, coursetia (Coursetia sp.), regenerating breeding habitat as identified in physical or biological mesquite, Cercocarpus sp., and sotol identified in physical or biological feature 3 (PBF 3) occurs within this unit (Dasylirion wheeleri) (MacFarland and feature 3 (PBF 3) occurs within this unit (monsoonal events). More specifically, Horst 2015, p. 129). Understory (monsoonal events). This unit includes this site includes areas of riparian and vegetation in occupied habitat includes areas of riparian and Madrean evergreen Madrean evergreen woodland vegetation sideoats gramma, brickellia (Brickellia woodland vegetation that are suitable as that are suitable as western yellow- sp.), nonnative Bermuda grass, western yellow-billed cuckoo breeding billed cuckoo breeding habitat and Lehman’s lovegrass, Johnson grass, and habitat and connected areas of riparian connected areas of riparian and cocklebur (Xanthium sp.) (MacFarland and Madrean evergreen woodland Madrean evergreen woodland vegetation and Horst 2015, p. 134). vegetation that are suitable as foraging that are suitable as foraging habitat. habitat. Overstory vegetation in Occupied overstory habitat in Korn Unit 54: AZ–42 Rock Corral Canyon, occupied habitat is primarily mesquite, Canyon is dominated by oak and Santa Cruz County, Arizona with some oak and cottonwood juniper, with some sycamore and ash Revised proposed critical habitat Unit (MacFarland and Horst 2015, p. 121). (MacFarland and Horst 2015, pp. 121– AZ–42 is 214 ac (87 ha) in extent and Unit 55: AZ–43 Lyle Canyon, Santa Cruz 122). Occupied overstory habitat in Lyle is a 3-mi (5-km)-long continuous and Cochise Counties, Arizona Canyon is dominated by oak and segment of stream within Rock Corral juniper, with some sycamore, pinion Canyon in Santa Cruz County, Arizona. Revised proposed critical habitat Unit pine, and walnut (MacFarland and Approximately 190 ac (77 ha) is in AZ–43 is 1,293 ac (523 ha) in extent and Horst 2015, p. 122). Federal ownership, and 25 ac (10 ha) is is a 7.5-mi (12-km)-long continuous in State ownership. Following the segment of stream within Lyle Canyon Unit 56: AZ–44 Parker Canyon Lake, publication of the first western yellow- in Santa Cruz and Cochise Counties, Santa Cruz and Cochise Counties, billed cuckoo critical habitat proposed Arizona. Approximately 716 ac (290 ha) Arizona rule, we received additional information is in Federal ownership, and 577 ac (234 Revised proposed critical habitat Unit on western yellow-billed cuckoo ha) is in other ownership. Following the AZ–44 is 1,499 ac (607 ha) in extent and occupancy and habitat use in Madrean publication of the first western yellow- is a 10.5-mi (16-km)-long continuous evergreen woodland drainages that billed cuckoo critical habitat proposed segment of stream near Parker Canyon supports inclusion as critical habitat rule, we received additional information Lake in Santa Cruz and Cochise (MacFarland and Horst 2015, entire). on western yellow-billed cuckoo Counties, Arizona. Approximately 1,424 This canyon is part of the Tumacacori occupancy and habitat use in Madrean ac (576 ha) is in Federal ownership, and Mountains, with high bird and plant evergreen woodland drainages that 75 ac (31 ha) is in other ownership. diversity (MacFarland and Horst 2015, supports inclusion as critical habitat Following the publication of the first p. 23). Two occupied territories, (MacFarland and Horst 2015, entire). western yellow-billed cuckoo critical including one breeding pair, were Two western yellow-billed cuckoo habitat proposed rule, we received detected during the 2015 surveys territories, including a pair, were additional information on western (MacFarland and Horst 2015, pp. 23– detected on three surveys in July and yellow-billed cuckoo occupancy and 24). Detections during the breeding August 2015, in Korn Canyon, near the habitat use in Madrean evergreen season have also been documented by confluence with Lyle Canyon woodland drainages that supports other observers in 2015 and 2011, (MacFarland and Horst 2015, pp. 35– inclusion as critical habitat. Western including a probable breeding pair in 36). Two pairs of western yellow-billed yellow-billed cuckoos were detected on 2011 (Cornell Lab of Ornithology 2016 cuckoos were detected on four surveys three western yellow-billed cuckoo (eBird data)). Although some of these in July and August 2015, in Lyle Canyon surveys in July and August 2015, in sightings are from after the time of (MacFarland and Horst 2015, pp. 33– Collins Canyon, including a pair listing, we believe the site was used by 34). Although these sightings are from (MacFarland and Horst 2015, pp. 29–

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30). Western yellow-billed cuckoos were is in other ownership. Following the Gardner Canyon with upper Cienega detected on four surveys in July and publication of the first western yellow- Creek. August 2015, in Merritt Canyon billed cuckoo critical habitat proposed Western yellow-billed cuckoos were (MacFarland and Horst 2015, pp. 37– rule, we received additional information detected within this drainage at the Las 38). Western yellow-billed cuckoos were on western yellow-billed cuckoo Cienegas NCA Cottonwood Tanks on documented at Parker Canyon Lake in occupancy and habitat use in Madrean August 19, 2012, and June 10 and July 2015 by birders in August (Cornell Lab evergreen woodland drainages that 9, 2014 (Cornell Lab of Ornithology of Ornithology 2016 (eBird data)). supports inclusion as critical habitat. 2016 (eBird data)). Western yellow- Although these sightings are from after Western yellow-billed cuckoos were billed cuckoos were detected on June the time of listing, we believe the site documented during protocol surveys in 23, 2001 (Cornell Lab of Ornithology was used by the western yellow-billed the summers of 2013, 2014, and 2015 in 2016 (eBird data)), in 2002 (Arizona cuckoo based on occupancy in nearby this unit (WestLand Resources, Inc. Game and Fish Department 2016, areas and habitat conditions. 2015a, pp. 2–4; Westland Resources entire), and on July 25, 2015 (Cornell This new unit is part of the area 2015b, entire; Westland Resources Lab of Ornithology 2016 (eBird data)) within the Southwest portion of the DPS 2015c, entire. along Gardner Canyon or Gardner that provides breeding habitat for the This new unit is part of the area Canyon Road in Coronado National western yellow-billed cuckoo, which is within the Southwest portion of the DPS Forest. All detections were incidental; outside mainstem rivers and their that provides breeding habitat for the no western yellow-billed cuckoo tributaries as identified in our western yellow-billed cuckoo, which is protocol surveys have been conducted conservation strategy for designating outside mainstem rivers and their in Gardner Canyon. critical habitat for the western yellow- tributaries as identified in our This new unit is part of the area billed cuckoo. The site also provides a conservation strategy for designating within the Southwest portion of the DPS movement corridor and migratory stop- critical habitat for the western yellow- that provides breeding habitat for the over habitat for western yellow-billed billed cuckoo. The site also provides a western yellow-billed cuckoo, which is cuckoos. The unit is considered to have movement corridor and migratory stop- outside mainstem rivers and their been occupied at the time of listing. The over habitat for western yellow-billed tributaries as identified in our unit provides the habitat component cuckoos. The unit is considered to have conservation strategy for designating provided in physical or biological been occupied at the time of listing. The critical habitat for the western yellow- feature 1 (PBF 1) and the prey unit provides the habitat component billed cuckoo. The site also provides a component in physical or biological provided in physical or biological movement corridor and migratory stop- feature 2 (PBF 2). Hydrologic processes, feature 1 (PBF 1) and the prey over habitat for western yellow-billed in natural or altered systems, that component in physical or biological cuckoos. The unit is considered to have provide for maintaining and feature 2 (PBF 2). Hydrologic processes, been occupied at the time of listing. The regenerating breeding habitat as in natural or altered systems, that unit provides the habitat component identified in physical or biological provide for maintaining and provided in physical or biological feature 3 (PBF 3) occurs within this unit regenerating breeding habitat as feature 1 (PBF 1) and the prey (monsoonal events). More specifically, identified in physical or biological component in physical or biological this site contains areas of riparian and feature 3 (PBF 3) occurs within this unit feature 2 (PBF 2). Hydrologic processes, Madrean evergreen woodland vegetation (monsoonal events). This unit includes in natural or altered systems, that that are suitable as western yellow- areas of riparian and Madrean evergreen provide for maintaining and billed cuckoo breeding habitat and woodland vegetation that are suitable as regenerating breeding habitat as connected areas of riparian and western yellow-billed cuckoo breeding identified in physical or biological Madrean evergreen woodland vegetation habitat and connected areas of riparian feature 3 (PBF 3) occurs within this unit that are suitable as foraging habitat. and Madrean evergreen woodland (monsoonal events). This unit includes Dominant overstory vegetation in vegetation that are suitable as foraging areas of riparian and Madrean evergreen occupied habitat in Collins and Merritt habitat. Vegetation associated with these woodland vegetation that are suitable as canyons consists of juniper and oak, detections was Emory oak (Quercus western yellow-billed cuckoo breeding with ash, pine, cottonwood, and walnut emoryi), Arizona white oak (Q. habitat and connected areas of riparian (MacFarland and Horst 2015, pp. 121– arizonica), velvet mesquite, and desert and Madrean evergreen woodland 122). Merritt Canyon, north of Parker willow, with an occasional Arizona vegetation that are suitable as foraging Canyon Lake, is a shallow and wide sycamore, Arizona walnut, and habitat. Habitat in Gardner Canyon is drainage with large trees and flowing Goodding’s willow and alligator juniper Madrean evergreen woodland with oak, water (MacFarland and Horst 2015, p. (along sandy bottom drainages lacking desert willow, mesquite, and juniper. 37). Western yellow-billed cuckoo were perennial surface water. The drainage is intermittent during the observed in Merritt Canyon on Forest monsoonal rain season. Unit 58: AZ–46 Gardner Canyon; Pima Service land as well as private and Santa Cruz Counties, Arizona Unit 59: AZ–47 Brown Canyon; Pima inholding that contained large, County, Arizona ornamental trees and a large turf lawn. Revised proposed critical habitat Unit AZ–46 is 5,081 ac (2,056 ha) in extent Revised proposed critical habitat Unit Unit 57: AZ–45 Barrel Canyon, Pima and is a 14-mi (23-km)-long continuous AZ–47 is 1,113 ac (451 ha) in extent and County, Arizona segment of stream within Gardner is an 8-mi (13-km)-long continuous Revised proposed critical habitat Unit Canyon in Pima and Santa Cruz segment of stream within Brown AZ–45 is 920 ac (372 ha) in extent and Counties, Arizona. Approximately 4,320 Canyon in Pima County, Arizona. is a 5-mi (8-km)-long continuous ac (1,748 ha) is in Federal ownership; Approximately 726 ac (294 ha) is in segment of stream within Barrel Canyon 290 ac (117 ha) is in State ownership; Federal ownership; 228 ac (92 ha) is in in Pima County, Arizona. and 471 ac (191 ha) is in other State ownership; and 159 ac (65 ha) is Approximately 755 ac (306 ha) is in ownership. This unit includes suitable in other ownership. Western yellow- Federal ownership; less than 1 ac (1 ha) habitat within the Las Cienegas National billed cuckoos were detected by birders is in State ownership; and 164 ac (66 ha) Conservation Area (NCA) that connects during the breeding season on August

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29–September 1, 2005, and June 25, detected at two locations on August 4 area during protocol surveys on July 22 2015 (American Birding Association and 18, 2015, during protocol surveys and August 19 in 2015 in Washington 2012, entire; Cornell Lab of Ornithology (MacFarland and Horst 2015, pp. 91, Gulch (MacFarland and Horst 2015, pp. 2016 (Bird data)). Nesting has been 92). Numerous western yellow-billed 91–94). This unit lies within the confirmed in Brown Canyon (B. Powell, cuckoos have been incidentally detected Patagonia Mountains IBA. unpublished data as reported in Pima within this mountain range in multiple This new unit is part of the area County 2016, p. A–78; Corson 2018, pp. years, especially along Harshaw Creek within the Southwest portion of the DPS 11–12). In addition, they have also been (Cornell Lab of Ornithology 2016 (eBird that provides breeding habitat for the observed during the breeding season by data)). This unit lies within the western yellow-billed cuckoo, which is Buenos Aires National Wildlife Refuge Patagonia Mountains IBA. outside mainstem rivers and their staff (Flatland 2011, entire). This new unit is part of the area tributaries as identified in our This new unit is part of the area within the Southwest portion of the DPS conservation strategy for designating within the Southwest portion of the DPS that provides breeding habitat for the critical habitat for the western yellow- that provides breeding habitat for the western yellow-billed cuckoo, which is billed cuckoo. The site also provides a western yellow-billed cuckoo, which is outside mainstem rivers and their movement corridor and migratory stop- outside mainstem rivers and their tributaries as identified in our over habitat for western yellow-billed tributaries as identified in our conservation strategy for designating cuckoos. The unit is considered to have conservation strategy for designating critical habitat for the western yellow- been occupied at the time of listing. The critical habitat for the western yellow- billed cuckoo. The site also provides a unit provides the habitat component billed cuckoo. The site also provides a movement corridor and migratory stop- provided in physical or biological movement corridor and migratory stop- over habitat for western yellow-billed feature 1 (PBF 1) and the prey over habitat for western yellow-billed cuckoos. The unit is considered to have component in physical or biological cuckoos. The unit is considered to have been occupied at the time of listing. The feature 2 (PBF 2). Hydrologic processes, been occupied at the time of listing. The unit provides the habitat component in natural or altered systems, that unit provides the habitat component provided in physical or biological provide for maintaining and provided in physical or biological feature 1 (PBF 1) and the prey regenerating breeding habitat as feature 1 (PBF 1) and the prey component in physical or biological identified in physical or biological component in physical or biological feature 2 (PBF 2). Hydrologic processes, feature 3 (PBF 3) occurs within this unit feature 2 (PBF 2). Hydrologic processes, in natural or altered systems, that (monsoonal events). This unit includes in natural or altered systems, that provide for maintaining and areas of riparian and Madrean evergreen provide for maintaining and regenerating breeding habitat as woodland vegetation that are suitable as regenerating breeding habitat as identified in physical or biological western yellow-billed cuckoo breeding identified in physical or biological feature 3 (PBF 3) occurs within this unit habitat and connected areas of riparian feature 3 (PBF 3) occurs within this unit (monsoonal events). This unit includes and Madrean evergreen woodland (monsoonal events). This unit includes areas of riparian and Madrean evergreen vegetation that are suitable as foraging areas of riparian and Madrean evergreen woodland vegetation that are suitable as habitat. This drainage contains an woodland vegetation that are suitable as western yellow-billed cuckoo breeding overstory of large oak trees with some western yellow-billed cuckoo breeding habitat and connected areas of riparian juniper and a midstory of manzanita habitat and connected areas of riparian and Madrean evergreen woodland and juniper (MacFarland and Horst and Madrean evergreen woodland vegetation that are suitable as foraging 2015; pp. 93, 124, 129). vegetation that are suitable as foraging habitat. Dominant overstory vegetation Unit 62: AZ–50 Paymaster Spring and habitat. Brown Canyon includes a broad where western yellow-billed cuckoos Mowrey Wash; Santa Cruz County, mix of dominant plant species that have been found during surveys was Arizona change with elevation and topography. primarily oak, ash, cottonwood, and At lower elevations, vegetation is mesquite, and dominant midstory Revised proposed critical habitat Unit predominantly Sonoran Desert uplands; vegetation was mesquite, Baccharis sp., AZ–50 is 903 ac (365 ha) in extent and at higher elevations, vegetation is ash, Mimosa sp., grape, and skunkbush is made up of segments of stream within predominantly oak woodlands (Powell (Rhus trilobata) (MacFarland and Horst Paymaster Spring and Mowrey Wash and Steidl 2015, p. 68). Vegetation 2015, pp. 91, 124, 129). totaling 5.5 mi (8.8 km) in Santa Cruz includes a mix of mesquite, oaks, County, Arizona. Approximately 390 ac Unit 61: AZ–49 Washington Gulch; hackberry, sycamore, walnut, acacia, (158 ha) is in Federal ownership, and Santa Cruz County, Arizona Mimosa sp., and juniper (Powell and 512 ac (207 ha) is in other ownership. Steidl 2015, pp. 67, 69). Revised proposed critical habitat Unit Paymaster Creek is a riparian corridor in AZ–49 is 587 ac (237 ha) in extent and Madrean evergreen woodland in the Unit 60: AZ–48 Sycamore Canyon, is a 5-mi (8-km)-long continuous Patagonia Mountains in the Coronado Patagonia Mountains; Santa Cruz segment of stream within Washington National Forest. A western yellow-billed County, Arizona Gulch in Santa Cruz County, Arizona. cuckoo was detected incidentally on Revised proposed critical habitat Unit Approximately 361 ac (146 ha) is in June 18, 2010, and during protocol AZ–48 is 604 ac (245 ha) in extent and Federal ownership, and 226 ac (91 ha) surveys on July 7 and 22, 2015 is a 5-mi (8-km)-long continuous is in other ownership. Washington (MacFarland and Horst 2015, p. 89). segment of stream within Sycamore Gulch is a riparian corridor in Madrean This unit lies within the Patagonia Canyon in Santa Cruz County, Arizona. evergreen woodland in the Patagonia Mountains IBA. The unit is entirely within Federal lands Mountains in the Coronado National This new unit is part of the area within the Coronado National Forest. Forest. A September 2, 2014, entry in within the Southwest portion of the DPS Sycamore Canyon is a well-vegetated eBird noted that a western yellow-billed that provides breeding habitat for the riparian corridor in Madrean evergreen cuckoo was calling during the field western yellow-billed cuckoo, which is woodland in the Patagonia Mountains. season (Cornell Lab of Ornithology 2015 outside mainstem rivers and their This site was surveyed only twice, but (eBird data)). A western yellow-billed tributaries as identified in our western yellow-billed cuckoos were cuckoo was detected in the same general conservation strategy for designating

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critical habitat for the western yellow- approximately 3 western yellow-billed DPS that provides breeding habitat for billed cuckoo. The site also provides a cuckoo detections per day (60–96 the western yellow-billed cuckoo that is movement corridor and migratory stop- nesting pairs). In the late 1980s this in a different ecological setting as over habitat for western yellow-billed number dropped to less than 1.5 per day identified in our conservation strategy cuckoos. The unit is considered to have (35 nesting pairs) and in 2012 the for designating critical habitat for the been occupied at the time of listing. The survey efforts identified 1 to less than 1 western yellow-billed cuckoo. The site unit provides the habitat component sighting per day (28 nesting pairs) provides a stop-over area or movement provided in physical or biological (Dettling et al. 2015, pp. 11–13). This corridor between western yellow-billed feature 1 (PBF 1) and the prey unit is part of the area outside the cuckoos breeding on the Colorado River component in physical or biological Southwest portion of the DPS that and the Sacramento River. We have feature 2 (PBF 2). Hydrologic processes, provides breeding habitat for the identified approximately 1,370 ac (555 in natural or altered systems, that western yellow-billed cuckoo that is in ha) for potential exclusion from this provide for maintaining and a different ecological setting as unit (see Consideration of Impacts regenerating breeding habitat as identified in our conservation strategy Under Section 4(b)(2) of the Act). identified in physical or biological for designating critical habitat for the Unit 65: ID–1 Snake River 1; Bannock feature 3 (PBF 3) occurs within this unit western yellow-billed cuckoo. It is an and Bingham Counties, Idaho (monsoonal events). This unit includes important area to maintain for areas of riparian and Madrean evergreen occupancy to promote species recovery. Revised proposed critical habitat unit woodland vegetation that are suitable as Minor revisions to the unit from the ID–1 is 9,655 ac (3,907 ha) in extent and western yellow-billed cuckoo breeding 2014 proposed designation include is a 22-mi (35-km)-long continuous habitat and connected areas of riparian removal of orchard areas, agricultural segment of the Snake River from the and Madrean evergreen woodland lands, and roadways. upstream end of the American Falls vegetation that are suitable as foraging Reservoir in Bannock County upstream Unit 64: CA–2 South Fork Kern River habitat. Oak, juniper, and some pine to a point on the Snake River Valley; Kern County, California were the most dominant tree species approximately 2 mi (3 km) west of the where western yellow-billed cuckoos Revised proposed critical habitat Unit Town of Blackfoot in Bingham County, were detected during surveys CA–2 is 2,640 ac (1,068 ha) in extent Idaho. Approximately 3,694 ac (1,494 (MacFarland and Horst 2015, p. 123). and is a 13-mi (21-km)-long continuous ha) is in Federal ownership; 1,763 ac segment of the South Fork Kern River (713 ha) is in State ownership; 2,527 ac Unit 63: CA–1 Sacramento River; from west of the settlement of (1,023 ha) is in Tribal ownership; and Colusa, Glenn, Butte, and Tehama Canebrake downstream to Lake Isabella 1,672 ac (676 ha) is in other ownership. Counties, California and includes the upper 0.6 mi (1.0 km) This unit is part of the area outside the Revised proposed critical habitat unit of Lake Isabella in Kern County, Southwest portion of the DPS that CA–1 is 35,406 ac (14,328 ha) in extent California. Approximately 88 ac (35 ha) provides breeding habitat for the and is a 69-mi (111-km)-long continuous is in Federal ownership; 419 ac (170 ha) western yellow-billed cuckoo that is in segment of the Sacramento River is in State ownership; and 2,133 ac (863 a different ecological setting as starting 5 mi (8 km) southeast of the city ha) is in other ownership. Much of the identified in our conservation strategy of Red Bluff in Tehama County, privately owned land is owned and for designating critical habitat for the California, to the downstream boundary managed by Audubon California as the western yellow-billed cuckoo. The unit of the Colusa-Sacramento River State Kern River Preserve. Numbers of is considered to have been occupied at Recreation Area next to the town of breeding western yellow-billed cuckoos the time of listing. The unit provides the Colusa in Colusa County, California. have been relatively consistent at this habitat component provided in physical The middle segment of this river reach site. The enlargement of this site from or biological feature 1 (PBF 1) and the flows through Butte and Glenn the 2014 proposed designation is based prey component in physical or Counties. Approximately 2,123 ac (859 on recent observations in 2000 and 2014 biological feature 2 (PBF 2). Hydrologic ha) is in Federal ownership; 485 ac (197 of western yellow-billed cuckoos on the processes, in natural or altered systems, ha) is in State ownership; and 32,800 ac Canebrake Ecological Reserve. Western that provide for maintaining and (13,274 ha) is in other ownership. The yellow-billed cuckoos were found in the regenerating breeding habitat as unit is considered to have been expanded area in the 1980s and early identified in physical or biological occupied at the time of listing. The unit 1990s, but none were found in the late feature 3 (PBF 3) occurs within this unit provides the habitat component 1990s, so the area wasn’t included in but depends on river flows and flood provided in physical or biological the original proposal. The habitat at this timing. This unit is consistently feature 1 (PBF 1) and the prey site is improving based on reduction of occupied by western yellow-billed component in physical or biological cattle grazing and habitat restoration cuckoos during the breeding season. feature 2 (PBF 2). Hydrologic processes, activities. The unit is considered to have The unit is at the northern limit of the in natural or altered systems, that been occupied at the time of listing. The species’ current breeding range. provide for maintaining and unit provides the habitat component regenerating breeding habitat as provided in physical or biological Unit 66: ID–2 Snake River 2; Bonneville, identified in physical or biological feature 1 (PBF 1) and the prey Madison, and Jefferson Counties, Idaho feature 3 (PBF 3) occurs within this unit component in physical or biological Revised proposed critical habitat unit but depends on river flows and flood feature 2 (PBF 2). Hydrologic processes, ID–2 is 11,442 ac (4,630 ha) in extent timing. This site has been a significant in natural or altered systems, that and is a 40-mi (64-km)-long continuous nesting area (nearly 100 nesting pairs in provide for maintaining and segment of the Snake River from the early 1970s) for the western yellow- regenerating breeding habitat as bridge crossing on the Snake River 2 mi billed cuckoo in the past but has been identified in physical or biological (3 km) east of the Town of Roberts in in decline (Dettling and Howell 2011a, feature 3 (PBF 3) occurs within this unit Madison County through Jefferson pp. 30–35; Dettling and Howell 2011b, but depends on river flows and flood County and upstream to the vicinity of entire; Dettling et al. 2015, p. 2). Survey timing. This unit is part of the area the mouth of Table Rock Canyon in efforts in the early 1970s detected outside the Southwest portion of the Bonneville County, Idaho.

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Approximately 5,862 ac (2,372 ha) is in identified in our conservation strategy yellow-billed cuckoos moving farther Federal ownership; 1,940 ac (785 ha) is for designating critical habitat for the north. in State ownership; and 3,641 ac (1,473 western yellow-billed cuckoo. The unit Unit 69: CO–2 North Fork Gunnison ha) is in other ownership. Portions of contains all the physical or biological River; Delta County, Colorado this unit are within lands designated as features essential to the conservation of the Snake River ACEC by BLM, and the the species and was occupied at the Revised proposed critical habitat unit Land and Water Conservation Fund time of listing and is still considered CO–2 is 2,326 ac (941 ha) in extent and (LWCF) program has purchased 32 occupied. Inclusion of this unit is a 16-mi (26-km)-long continuous properties in fee title and set aside contributes to the proposed critical segment of the North Fork of the approximately 42 conservation habitat designation representing the full Gunnison River between Hotchkiss and easements (22,400 ac (9,065 ha)) within breeding range of the DPS. New Paeonia in Delta County, Colorado. the ACEC. The western yellow-billed comments by the American Bird Approximately 115 ac (47 ha) is in cuckoo has been identified as a species Conservancy during the previous Federal ownership, and 2,211 ac (895 of concern in the ACEC. State and comment period, along with survey and ha) is in other ownership. This unit is County road crossings account for less habitat information previously considered to have been occupied at the than 1 percent of total ownership of this submitted by the BLM and Idaho time of listing and is used by the proposed unit. The unit is considered to Department of Fish and Game, show western yellow-billed cuckoo during the have been occupied at the time of western yellow-billed cuckoos in the breeding season. This unit has been listing. The unit provides the habitat expanded area. In response to the consistently occupied by western component provided in physical or comments and new information yellow-billed cuckoos during the biological feature 1 (PBF 1) and the prey received, we are amending the breeding season. The unit provides the component in physical or biological previously proposed boundaries of this habitat component provided in physical feature 2 (PBF 2). Hydrologic processes, unit to incorporate additional habitat or biological feature 1 (PBF 1) and the in natural or altered systems, that upstream to approximately 1.6 km (1 prey component in physical or provide for maintaining and mi) downstream of the town of St. biological feature 2 (PBF 2). Hydrologic regenerating breeding habitat as Anthony, Fremont County, Idaho. processes, in natural or altered systems, identified in physical or biological Portions of this unit were removed that provide for maintaining and feature 3 (PBF 3) occurs within this unit based on our reevaluation of the habitat. regenerating breeding habitat as but depends on river flows and flood identified in physical or biological Unit 68: CO–1 Colorado River; Mesa timing. This unit is part of the area feature 3 (PBF 3) occurs within this unit County, Colorado outside the Southwest portion of the but depends on river flows and flood DPS that provides breeding habitat for Revised proposed critical habitat unit timing. This unit is part of the area the western yellow-billed cuckoo that is CO–1 is 4,002 ac (1,620 ha) in extent outside the Southwest portion of the in a different ecological setting as and is a 25-mi (40-km)-long continuous DPS that provides breeding habitat for identified in our conservation strategy segment of the Colorado River in the the western yellow-billed cuckoo that is for designating critical habitat for the vicinity of Grand Junction in Mesa in a different ecological setting as western yellow-billed cuckoo. This unit County, Colorado. Approximately 32 ac identified in our conservation strategy is consistently occupied by western (13 ha) is in Federal ownership; 417 ac for designating critical habitat for the yellow-billed cuckoos during the (169 ha) is in State ownership; and western yellow-billed cuckoo. The site breeding season. The unit is at the 3,553 ac (1,438 ha) is in other also provides migratory stopover habitat northern limit of the species’ current ownership. The unit is considered to for western yellow-billed cuckoos breeding range. have been occupied at the time of moving farther north. listing. The unit provides the habitat Unit 70: UT–1 Green River 1; Uintah Unit 67: ID–3 Henry’s Fork and Teton component provided in physical or and Duchesne Counties, Utah Rivers; Madison and Fremont Counties, biological feature 1 (PBF 1) and the prey Idaho component in physical or biological Revised proposed critical habitat unit Revised proposed critical habitat Unit feature 2 (PBF 2). Hydrologic processes, UT–1 is 28,381 ac (11,486 ha) in extent ID–3 is 4,641 ac (1,878 ha) in extent and in natural or altered systems, that and is made up of segments totaling 52 is a 15-mi (24-km)-long continuous provide for maintaining and mi (83 km) of the Green River and segment of the Henry’s Fork of the regenerating breeding habitat as Duchesne Rivers in the vicinity of Snake River in Madison County from identified in physical or biological Ouray in Uintah County, Utah. approximately 16 km (10 mi) upstream feature 3 (PBF 3) occurs within this unit Approximately 4,657 ac (1,885 ha) is in of the confluence with the Snake River but depends on river flows and flood Federal ownership; 4,411 ac (1,785 ha) to a point on the river approximately 1.6 timing. The Colorado River Wildlife is in State ownership; 14,611 ac (5,913 km (1 mi) downstream of the town of St. Management Area managed by the U.S. ha) is in Tribal ownership; and 4,702 ac Anthony in Fremont County, Idaho. Fish and Wildlife Service holds (1,903 ha) is in other ownership. This Approximately 756 ac (305 ha) is in conservation easements on several unit has consistently had western Federal ownership; 511 ac (206 ha) is in private parcels in this unit. This unit is yellow-billed cuckoos during the State ownership; and 3,374 ac (1,366 ha) part of the area outside the Southwest breeding season. This unit is part of the is in other ownership. This unit is portion of the DPS that provides area outside the Southwest portion of occupied by western yellow-billed breeding habitat for the western yellow- the DPS that provides breeding habitat cuckoos during the breeding season and billed cuckoo that is in a different for the western yellow-billed cuckoo represents the northern limit of the ecological setting as identified in our that is in a different ecological setting as species’ currently known breeding conservation strategy for designating identified in our conservation strategy range. This unit is part of the area critical habitat for the western yellow- for designating critical habitat for the outside the Southwest portion of the billed cuckoo. This unit has been western yellow-billed cuckoo. The site DPS that provides breeding habitat for occupied by western yellow-billed also provides a movement corridor for the western yellow-billed cuckoo that is cuckoos. The site also provides a western yellow-billed cuckoos moving in a different ecological setting as migration stopover habitat for western farther north.

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The unit is considered to have been above in this area revealed multiple authorize, or carry out is not likely to occupied at the time of listing. The unit western yellow-billed cuckoo jeopardize the continued existence of provides the habitat component detections. any endangered species or threatened provided in physical or biological species or result in the destruction or Unit 72: TX–1 Terlingua Creek and Rio feature 1 (PBF 1) and the prey adverse modification of designated Grande; Brewster County, Texas component in physical or biological critical habitat of such species. In feature 2 (PBF 2). Hydrologic processes, Revised proposed critical habitat unit addition, section 7(a)(4) of the Act in natural or altered systems, that TX–1 is 7,913 ac (3,202 ha) in extent requires Federal agencies to confer with provide for maintaining and and is a 45-mi (72-km)-long continuous the Service on any agency action that is regenerating breeding habitat as segment from lower Terlingua Creek to likely to jeopardize the continued identified in physical or biological the Rio Grande in Brewster County, existence of any species proposed to be feature 3 (PBF 3) occurs within this unit Texas. Approximately 7,792 ac (3,153 listed under the Act or result in the but depends on river flows and flood ha) is in Federal ownership, and 121 ac destruction or adverse modification of timing. This unit includes areas of (49 ha) is in other ownership. Because proposed critical habitat. riparian vegetation that area suitable as this unit is along the border between We published a final regulation with western yellow-billed cuckoo breeding United States and Mexico, we a new definition of destruction or habitat and connected areas of riparian delineated the southern edge of the unit adverse modification on August 27, vegetation that are suitable as foraging using the State of Texas boundary. Per 2019 (84 FR 44976). Destruction or habitat. Recent surveys in this area our implementing regulations at 50 CFR adverse modification means a direct or revealed multiple western yellow-billed 424.12(g), the Secretary does not indirect alteration that appreciably cuckoo detections. designate critical habitat within foreign diminishes the value of critical habitat countries or in other areas outside the as a whole for the conservation of a Unit 71: UT–2 Green River 2; Emery and listed species. Grand Counties, Utah jurisdiction of the United States; therefore, no Mexican lands are If a Federal action may affect a listed Revised proposed critical habitat Unit included in this unit. This unit has been species or its critical habitat, the UT–2 is 1,135 ac (459 ha) in extent and consistently occupied by western responsible Federal agency (action is an 8-mi (13-km)-long continuous yellow-billed cuckoos during the agency) must enter into consultation segment of the Green River north of the breeding season. This unit is part of the with us. Examples of actions that are town of Green River in Emery and area outside the Southwest portion of subject to the section 7 consultation Grand Counties, Utah. Approximately the DPS that provides breeding habitat process are actions on State, Tribal, 40 ac (17 ha) is in Federal ownership; for the western yellow-billed cuckoo local, or private lands that require a 632 ac (256 ha) is in State ownership; that is in a different ecological setting as Federal permit (such as a permit from and 462 ac (187 ha) is in other identified in our conservation strategy the U.S. Army Corps of Engineers under ownership. Recent surveys have shown for designating critical habitat for the section 404 of the Clean Water Act (33 that this unit has a number of western western yellow-billed cuckoo. The site U.S.C. 1251 et seq.) or a permit from the yellow-billed cuckoos during the also provides a north-south movement Service under section 10 of the breeding season (Utah Division of corridor for western yellow-billed Endangered Species Act) or that involve Wildlife Resources (UDWR) 2012, cuckoos breeding farther north. some other Federal action (such as entire; UDWR 2013, entire; UDWR 2014, Although tamarisk, a nonnative species funding from the Federal Highway entire). This unit is part of the area that may reduce the habitat’s value, is Administration, Federal Aviation outside the Southwest portion of the a major component of this unit, the area Administration, or the Federal DPS that provides breeding habitat for still provides habitat for the species and Emergency Management Agency). the western yellow-billed cuckoo that is considered essential. Federal actions not affecting listed in a different ecological setting as The unit is considered to have been species or critical habitat, and actions identified in our conservation strategy occupied at the time of listing. The unit on State, Tribal, local, or private lands for designating critical habitat for the provides the habitat component that are not federally funded or western yellow-billed cuckoo. The site provided in physical or biological authorized, do not require section 7 also provides migratory stop-over feature 1 (PBF 1) and the prey consultation. habitat for western yellow-billed component in physical or biological As a result of section 7 consultation, cuckoos. feature 2 (PBF 2). Hydrologic processes, we document compliance with the The unit is considered to have been requirements of section 7(a)(2) through occupied at the time of listing. The unit in natural or altered systems, that provide for maintaining and our issuance of: provides the habitat component (1) A concurrence letter for Federal regenerating breeding habitat as provided in physical or biological actions that may affect, but are not identified in physical or biological feature 1 (PBF 1) and the prey likely to adversely affect, listed species feature 3 (PBF 3) occurs within this unit component in physical or biological or critical habitat; or feature 2 (PBF 2). Hydrologic processes, but depends on river flows and flood (2) A biological opinion for Federal in natural or altered systems, that timing. This unit includes areas of actions that may affect and, are likely to provide for maintaining and riparian vegetation that are suitable as adversely affect, listed species or critical regenerating breeding habitat as western yellow-billed cuckoo breeding habitat. identified in physical or biological habitat and connected areas of riparian When we issue a biological opinion feature 3 (PBF 3) occurs within this unit vegetation that are suitable as foraging concluding that a project is likely to but depends on river flows and flood habitat. jeopardize the continued existence of a timing. This unit includes areas of Effects of Critical Habitat Designation listed species and/or destroy or riparian vegetation that are suitable as adversely modify critical habitat, we western yellow-billed cuckoo breeding Section 7 Consultation provide reasonable and prudent habitat and connected areas of riparian Section 7(a)(2) of the Act requires alternatives to the project, if any are vegetation that are suitable as foraging Federal agencies, including the Service, identifiable, that would avoid the habitat. The recent surveys identified to ensure that any action they fund, likelihood of jeopardy and/or

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destruction or adverse modification of the value of critical habitat as a whole breeding, and dispersing. However, we critical habitat. We define ‘‘reasonable for the conservation of the western also note that existing water and prudent alternatives’’ (at 50 CFR yellow-bulled cuckoo. As discussed management operations in place on 402.02) as alternative actions identified above, the role of critical habitat is to riverine segments identified as critical during consultation that: support physical or biological features habitat, unless modified subsequent to (1) Can be implemented in a manner essential to the conservation of a listed this revised proposed designation, are consistent with the intended purpose of species and provide for the conservation unlikely to have any discernible effect the action, of the species. on the quantity, quality, or value of the (2) Can be implemented consistent Section 4(b)(8) of the Act requires us PBFs of the area identified as critical with the scope of the Federal agency’s to briefly evaluate and describe, in any habitat. That is, when evaluating the legal authority and jurisdiction, proposed or final regulation that effects on critical habitat, FWS (3) Are economically and designates critical habitat, activities considers ongoing water management technologically feasible, and involving a Federal action that may operations within the proposed units (4) Would, in the Director’s opinion, destroy or adversely modify such that are not within the agency’s avoid the likelihood of jeopardizing the habitat, or that may be affected by such discretion to modify to be part of the continued existence of the listed species designation. baseline. All areas identified as critical and/or avoid the likelihood of Activities that may affect critical habitat where ongoing water operations destroying or adversely modifying habitat, when carried out, funded, or exist contain the PBFs necessary to critical habitat. authorized by a Federal agency, should provide for the essential habitat needs of Reasonable and prudent alternatives result in consultation for the western the cuckoo; therefore, we do not can vary from slight project yellow-billed cuckoo. These activities anticipate that the continuation of modifications to extensive redesign or include, but are not limited to: existing water management operations relocation of the project. Costs (1) Actions that would remove, thin, would appreciably diminish the value associated with implementing a or destroy riparian western yellow- or quality of the critical habitat where reasonable and prudent alternative are billed cuckoo habitat, without they occur. similarly variable. implementation of an effective riparian (3) Actions that would permanently Regulations at 50 CFR 402.16 require restoration plan that would result in the destroy or alter western yellow-billed Federal agencies to reinitiate development of riparian vegetation of cuckoo habitat. Such activities could consultation on previously reviewed equal or better quality in abundance and include, but are not limited to, actions in instances where we have extent. Such activities could include, discharge of fill material, draining, listed a new species or subsequently but are not limited to, removing, ditching, tiling, pond construction, and designated critical habitat that may be thinning, or destroying riparian stream channelization (due to roads, affected and the Federal agency has vegetation by mechanical (including construction of bridges, impoundments, retained discretionary involvement or controlled fire), chemical, or biological discharge pipes, stormwater detention control over the action (or the agency’s (poorly managed biocontrol agents) basins, dikes, levees, and other things). discretionary involvement or control is means. These activities could reduce the These activities could permanently authorized by law). Consequently, amount or extent of riparian habitat eliminate available riparian habitat and Federal agencies sometimes may need to needed by western yellow-billed food availability or degrade the general request reinitiation of consultation with cuckoos for sheltering, feeding, suitability, quality, structure, us on actions for which formal breeding, and dispersing. abundance, longevity, and vigor of consultation has been completed, if (2) Actions that would appreciably riparian vegetation and microhabitat those actions with discretionary diminish habitat value or quality components necessary for nesting, involvement or control may affect through direct or indirect effects. These migrating, food, cover, and shelter. subsequently listed species or activities could permanently eliminate (4) Actions that would result in designated critical habitat. Reinitiation available riparian habitat and food alteration of western yellow-billed does not apply to an existing availability or degrade the general cuckoo habitat from management of programmatic land management plan suitability, quality, structure, livestock or ungulates (for example, prepared pursuant to the Federal Land abundance, longevity, and vigor of horses, burros). Such activities could Policy and Management Act (FLPMA), riparian vegetation. Such activities include, but are not limited to, 43 U.S.C. 1701 et seq., or the National could include, but are not limited to: unrestricted ungulate access and use of Forest Management Act (NFMA), 16 Spraying of pesticides that would riparian vegetation; excessive ungulate U.S.C. 1600 et seq., when a new species reduce insect prey populations within use of riparian vegetation during the is listed or new critical habitat is or adjacent to riparian habitat; nongrowing season (for example, leaf designated under certain conditions (see introduction of nonnative plants, drop to bud break); overuse of riparian our August 27, 2019, Federal Register animals, or insects; habitat degradation habitat and upland vegetation due to notice (84 FR.44976). from recreational activities; and insufficient herbaceous vegetation activities such as water diversions or available to ungulates; and improper Application of the ‘‘Adverse impoundments that would result in herding, water development, or other Modification’’ Standard diminished or altered riverflow regimes, livestock management actions. These The key factor related to the adverse groundwater extraction activities, dam activities could reduce the volume and modification determination is whether, construction and operation activities, or composition of riparian vegetation, with implementation of the proposed any other activity that negatively prevent regeneration of riparian plant Federal action, the affected critical changes the frequency, magnitude, species, physically disturb nests, alter habitat would continue to serve its duration, timing, or abundance of floodplain dynamics, alter watershed intended conservation role for the surface flow. These activities have the and soil characteristics, alter stream species. Activities that may destroy or potential to reduce or fragment the morphology, and facilitate the growth of adversely modify critical habitat are quality or amount or extent of riparian flammable nonnative plant species. those that result in a direct or indirect habitat needed by western yellow-billed (5) Actions in relation to the Federal alteration that appreciably diminishes cuckoos for sheltering, feeding, highway system, which could include,

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but are not limited to, new road U.S.C. 670a), if the Secretary determines protection, and, where a Federal nexus construction and right-of-way in writing that such plan provides a exists, increased habitat protection for designation. These activities could benefit to the species for which critical western yellow-billed cuckoo due to the eliminate or reduce riparian habitat habitat is proposed for designation.’’ No protection from adverse modification or along river crossings necessary for Department of Defense lands have been destruction of critical habitat. Increased reproduction, sheltering, or growth of identified as potential critical habitat; habitat protection reduces the risk that the western yellow-billed cuckoo. therefore, section 4(a)(3)(B)(i) of the Act human actions will directly or (6) Actions that would involve does not apply, and no areas are being indirectly appreciably diminish habitat funding and/or implementation of exempted. value or quality. Additionally, continued implementation of an activities associated with cleaning up Consideration of Impacts Under Section ongoing management plan that provides Superfund sites, erosion control 4(b)(2) of the Act activities, flood control activities, and equal to or more conservation than a communication towers. These activities Section 4(b)(2) of the Act states that critical habitat designation would could eliminate or reduce habitat for the the Secretary may exclude any area from reduce the benefits of including that western yellow-billed cuckoo. critical habitat if it is determined that specific area in the critical habitat (7) Actions that would affect waters of the benefits of such exclusion outweigh designation. Data limitations prevent the United States under section 404 of the benefits of specifying such area as the quantification of benefits. the CWA. Such activities could include, part of the critical habitat, unless it is We evaluate the existence of a but are not limited to, placement of fill determined, based on the best scientific conservation plan when considering the into wetlands. These activities could data available, that the failure to benefits of inclusion. We consider a eliminate or reduce the habitat designate such area as critical habitat variety of factors, including but not necessary for the reproduction, feeding, will result in the extinction of the limited to, whether the plan is finalized; or growth of the western yellow-billed species. In making that determination, how it provides for the conservation of cuckoo. the statute on its face, as well as the the essential physical or biological Finally, we note that for any of the legislative history, are clear that the features; whether there is a reasonable seven categories of actions outlined Secretary has broad discretion regarding expectation that the conservation above, we and the relevant Federal which factor(s) to use and how much management strategies and actions agency may find that the agency’s weight to give to any factor. Please see contained in a management plan will be anticipated actions affecting critical the Service’s policy regarding implemented into the future; whether habitat may be appropriate to consider implementation of section 4(b)(2) of the the conservation strategies in the plan programmatically in section 7 Act published in the Federal Register are likely to be effective; and whether consultation. Programmatic on February 11, 2016 (81 FR 7226). the plan contains a monitoring program consultations can be an efficient method In considering whether to exclude a or adaptive management to ensure that for streamlining the consultation particular area from the designation, we the conservation measures are effective process, addressing an agency’s identify the benefits of including the and can be adapted in the future in multiple similar, frequently occurring, area in the designation, identify the response to new information. benefits of excluding the area from the or routine actions expected to be After identifying the benefits of designation, and evaluate whether the implemented in a given geographic area. inclusion and the benefits of exclusion, benefits of exclusion outweigh the Programmatic section 7 consultation can we carefully weigh the two sides to benefits of inclusion. If the analysis also be conducted for an agency’s evaluate whether the benefits of indicates that the benefits of exclusion proposed program, plan, policy, or exclusion outweigh those of inclusion. outweigh the benefits of inclusion, the regulation that provides a framework for If our analysis indicates that the benefits Secretary may exercise his discretion to future proposed actions. We are of exclusion outweigh the benefits of exclude the area only if such exclusion committed to responding to any inclusion, we then determine whether will not result in the extinction of the agency’s request for a programmatic exclusion would result in extinction of species. consultation, when appropriate and the species. If exclusion of an area from When identifying the benefits of critical habitat will result in extinction, subject to the approval of the Director, inclusion for an area, we consider the we will not exclude it from the as a means to streamline the regulatory additional regulatory benefits that area designation. process and avoid time-consuming and would receive due to the protection Based on the information provided by inefficient multiple individual from destruction of adverse entities seeking exclusion, as well as consultations. modification as a result of actions with any additional public comments we Exemptions a Federal nexus; the educational receive, we will evaluate whether benefits of mapping essential habitat for certain lands in the revised proposed Application of Section 4(a)(3) of the Act recovery of the listed species; and any critical habitat (table 3) are appropriate The National Defense Authorization benefits that may result from a for exclusion from the final designation Act for Fiscal Year 2004 (Pub. L. 108– designation due to State or Federal laws under section 4(b)(2) of the Act. If the 136) amended the Act to limit areas that may apply to critical habitat. When analysis indicates that the benefits of eligible for designation as critical considering the benefits of exclusion, excluding lands from the final habitat. Specifically, section 4(a)(3)(B)(i) we consider, among other things, designation outweigh the benefits of of the Act (16 U.S.C. 1533(a)(3)(B)(i)) whether exclusion of a specific area is designating those lands as critical provides that: ‘‘The Secretary shall not likely to result in conservation; or the habitat, then the Secretary may exercise designate as critical habitat any lands or continuation, strengthening, or his discretion to exclude the lands from other geographical areas owned or encouragement of partnerships. the final designation. Tribal lands have controlled by the Department of In the case of western yellow-billed not been identified for potential Defense, or designated for its use, that cuckoo, the benefits of designating exclusion at this time; however, we are subject to an integrated natural critical habitat include public awareness have and will continue to coordinate resources management plan prepared of the western yellow-billed cuckoo and work with all tribes potentially under section 101 of the Sikes Act (16 presence and the importance of habitat affected by the revised proposed

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designation throughout this process and complete list of tribal lands currently of critical habitat and are under our may exclude some or all of their lands within the revised proposed consideration for possible exclusion from the final designation. Please see designation. under section 4(b)(2) of the Act from the Government-to-Government Table 3 below provides approximate final critical habitat rule. Relationship with Tribes, below, for a areas of lands that meet the definition

TABLE 3—AREAS CONSIDERED FOR EXCLUSION BY CRITICAL HABITAT UNIT

Area meeting the Area considered for definition of critical possible exclusion in Unit Specific area habitat, in acres acres (ha) (ha)

1 CA/AZ–1 Colorado River 1 ...... 82,138 (33,240) 55,061 (22,292) 2 CA/AZ–2 Colorado River 2 ...... 23,589 (9,546) 20,025 (8,107) 3 AZ–1 Bill Williams River ...... 3,389 (1,371) 2,640 (1,069) 4 AZ–2 Alamo Lake ...... 2,794 (1,131) 1,840 (745) 7 AZ–5 Upper Verde River ...... 6,047 (2,447) 491 (199) 9 AZ–7 Beaver Creek ...... 2,082 (842) 1 (<1) 10 AZ–8 L. Verde R./West Clear Ck ...... 2,178 (882) 42 (17) 11 AZ–9A Horseshoe Dam ...... 2,743 (1,110) 626 (253) 12 AZ–10 Tonto Creek ...... 3,669 (1,485) 3,155 (1,277) 13 AZ–11 Pinal Creek ...... 419 (169) 390 (158) 16 AZ–14 Upper San Pedro River ...... 31,060 (12,569) 89 (36) 17 AZ–15 Lower San Pedro/Gila R ...... 23,400 (9,470) 1,757 (711) 19 AZ–17 Upper Cienega Creek ...... 5,204 (2,106) 264 (107) 22 AZ–20 Gila River 1 ...... 20,724 (8,387) 10,183 (4,123) 23 AZ–21 Salt River ...... 2,590 (1,048) 2,469 (1,000) 24 AZ–22 Lower Cienega Creek ...... 2,360 (955) 2,360 (955) 27 AZ–25 Aravaipa Creek ...... 3,329 (1,347) 392 (159) 28 AZ–26 Gila River 2 ...... 8,588 (3,475) 1,434 (580) 31 AZ–29 Big Sandy ...... 20,179 (8,166) 721 (292 33 NM–2 Gila River ...... 4,177 (1,690) 3,002 (1,215) 35 NM–4 Upper Rio Grande 1 ...... 1,830 (741) 1,313 (531) 36 NM–5 Upper Rio Grande 2 ...... 1,173 (475) 1,173 (475) 37 NM–6AB Middle Rio Grande ...... 68,581 (27,754) 17,096 (6,922) 39 NM–8A Caballo Delta North ...... 190 (77) 190 (77) 39 NM–8B Caballo Delta South ...... 155 (63) 155 (63) 40 NM–9 Animas ...... 608 (246) 608 (246) 41 NM–10 Selden Cyn./Radium Sprs ...... 237 (96) 237 (96) 43 AZ–31 Florida Wash ...... 747 (302) 279 (113) 46 AZ–34 Madera Canyon ...... 1,732 (701) 416 (168) 50 AZ–38 Arivaca Lake ...... 1,365 (553) 380 (154) 53 AZ–41 Box Canyon ...... 536 (217) 221 (89) 57 AZ–45 Barrel Canyon ...... 920 (372) 170 (69) 58 AZ–46 Gardner Canyon ...... 5,081 (2,056) 438 (177) 59 AZ–47 Brown Canyon ...... 1,113 (451) 259 (105) 64 CA–2 South Fork Kern R. Valley ...... 2,640 (1,068) 167 (67) 65 ID–1 Snake River 1 ...... 9,655 (3,907) 3,219 (1,303) 68 CO–1 Colorado River ...... 4,002 (1,620) 417 (169) 70 UT–1 Green River 1 ...... 28,381 (11,486) 6,848 (2,771)

Total ...... 145,710 (58,968)

We specifically solicit comments on effects memorandum was used to ownership) with permanent the inclusion or exclusion of these inform the policy considerations. We conservation easements. Table 4 lists areas. In the paragraphs below, we also solicit comments on any potential examples of certain areas that may be provide brief descriptions of the lands economic exclusions (see Information appropriate for exclusion from critical under consideration for exclusion under Requested). habitat designation. For these and other section 4(b)(2) of the Act. We have also areas being considered for exclusion, Consideration of Exclusion of State added an addendum to our incremental and as further discussed above, we are Lands and Lands With Conservation effects memorandum that lays out in soliciting further information on where Easements table form the Service’s policy these properties are located, and how considerations under section 4(b)(2) of In response to specific comments we the western yellow-billed cuckoo or the the Endangered Species Act: Land have already received from the States riparian habitats they use are managed Ownership/Management and Potential where we are proposing critical habitat, and protected at these areas. Without Economic Impacts for Proposed Western we are requesting further information on this information, we cannot weigh the Yellow-billed Cuckoo Critical Habitat. potential exclusions for State-managed benefits of a potential exclusion in This addendum was developed or privately managed lands including, comparison to inclusion. Table 4 is not following the finalization of the but not limited to, State Wildlife Areas, exhaustive, and other areas within the incremental effects memorandum, and State Habitat Areas, State Parks, and revised proposed critical habitat not the information in the incremental State or other lands (of various identified may be considered for

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exclusion and potentially excluded in comments and request submission of inform our evaluation of these potential the final designation. We invite public supporting materials necessary to exclusions.

TABLE 4—EXAMPLES OF AREAS WITH LAND USE DESIGNATIONS THAT MAY BE CONSIDERED FOR EXCLUSION FROM CRITICAL HABITAT DESIGNATION

Critical habitat unit Name of unit Site type Potential exclusion area

4 ...... AZ–2 Alamo Lake ...... State Wildlife Area (SWA) ...... Alamo Wildlife Area. 7 ...... AZ–5 Upper Verde River ...... SWA ...... Upper Verde River SWA. 64 ...... CA–2 South Fork Kern River ...... Cons. Easement (CE) ...... Hafenfeld Ranch. 64 ...... CA–2 South Fork Kern River ...... CE ...... Sprague Ranch. 68 ...... CO–1 Colorado River ...... SWA ...... Walker SWA. 68 ...... CO–1 Colorado River ...... Wildlife Management Area (WMA) ...... Colorado River WMA. 68 ...... CO–1 Colorado River ...... State Park (SP) ...... James M. Robb—Colorado River SP. 69 ...... CO–2 North Fork of the Gunnison River. CE ...... Town of Hotchkiss Riparian Park.

Impacts on National Security and provide a specific justification or We also received comments from the Homeland Security clarification of its concerns relative to U.S. Army installation at Fort Huachuca Section 4(a)(3)(B)(i) of the Act may the probable incremental impact that requesting that areas outside the not cover all DoD lands or areas that could result from the designation. If the installation in Unit 26 (AZ–18) that pose potential national-security agency provides a reasonably specific includes the San Pedro Riparian concerns (e.g., a DoD installation that is justification, we will defer to the expert National Conservation Area (SPRNCA) in the process of revising its INRMP for judgment of DoD, DHS, or another be excluded from the final designation. a newly listed species or a species Federal agency as to: (1) Whether Our evaluation of this request is previously not covered). If a particular activities on its lands or waters, or its outlined below. area is not covered under section activities on other lands or waters, have Upper San Pedro River (Unit 26 AZ– 4(a)(3)(B)(i), national-security or national-security or homeland-security 18). The area within Unit 26 being homeland-security concerns are not a implications; (2) the importance of those requested for exclusion is part of the factor in the process of determining implications; and (3) the degree to SPRNCA and is managed by the BLM what areas meet the definition of which the cited implications would be and composed of Federal, State, and ‘‘critical habitat’’ pursuant to that adversely affected in the absence of an private lands and not owned by the DoD section of the law. Nevertheless, when exclusion. In that circumstance, in or part of the lands managed under the designating critical habitat under conducting a discretionary 4(b)(2) Army’s INRMP. The Army’s rationale section 4(b)(2), the Service must exclusion analysis, we will give great for the exclusion was that any consider impacts on national security, weight to national-security and additional restrictions to ground water including homeland security, on lands homeland-security concerns in pumping and water usage could affect or areas not covered by section analyzing the benefits of exclusion. their ability to increase staffing when 4(a)(3)(B)(i). Accordingly, we will Under section 4(b)(2) of the Act, we needed, or carry out missions critical to always consider for exclusion from the consider whether there are lands owned national security. The Army also stated designation areas for which DoD, or managed by the DoD where a that designation of lands within the Department of Homeland Security national-security impact might exist. We SPRNCA would increase its regulatory (DHS), or another Federal agency has received comments from the burden and disrupt its operations requested exclusion based on an Department of the Army and related to national security. The Army assertion of national-security or Department of the Air Force regarding pointed to its continued land homeland-security concerns. excluding areas based on national stewardship actions and its commitment We cannot, however, automatically security or other military operations. to protecting natural resources on the exclude requested areas. When DoD, The comments were from the Yuma base. DHS, or another Federal agency requests Proving Grounds (Department of the As stated above, the lands within Unit exclusion from critical habitat on the Army 2014, entire), Luke Air Force Base 26 (AZ–18) are primarily owned and basis of national-security or homeland- (Department of the Air Force 2014, managed by BLM. An exemption under security impacts, it must provide a entire) concerning restricted airspace section 4(a)(3)(a) does not apply because reasonably specific justification of an above proposed critical habitat; area is not subject to their INRMP. In incremental impact on national security however, the actions described by the addition, in the Fort Huachuca that would result from the designation two installations do not impact habitat November 2013 Revised Biological of that specific area as critical habitat. for the western yellow-billed cuckoo Assessment (BA) (U.S. Department of That justification could include and would not require consideration of the Army 2013, pp. 189–190) on its demonstration of probable impacts, adverse modification of the critical operations, it states that ‘‘Fort- such as impacts to ongoing border- habitat. We do not believe that Army attributable groundwater use is unlikely security patrols and surveillance operations will be disrupted as a result to affect the yellow-billed cuckoo or its activities, or a delay in training or of designation of critical habitat and habitat where the species is known to facility construction, as a result of have issued a biological opinion to that occur in the SPRNCA, Babocomari compliance with section 7(a)(2) of the effect. We will have further discussions Cienega, or the lower San Pedro River Act. If the agency requesting the with the Army to evaluate whether . . . .’’ The BA concludes there will be exclusion does not provide us with a these areas should be excluded from the no effect on western yellow-billed reasonably specific justification, we will final designation based on national cuckoo or its habitat from Fort contact the agency to recommend that it security. Huachuca’s operational actions or

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ground water pumping. In the and to maintain the safety of CBP areas in this revised proposed critical subsequent 2014 biological opinion officers and agents who could be targets habitat designation for the western under section 7 of the Act, we issued a of cross-border violators hidden in yellow-billed cuckoo. We specifically not likely to adversely affect (NLAA) or unmanaged vegetation. The exact extent solicit comments on the inclusion or adversely modify critical habitat of area that is being considered for exclusion of such areas and request any determination for the Army’s exclusion has not yet been identified, information on any other potential operational activities and ground water since it would depend on where areas exclusions. We may consider other areas pumping as they related to the SPRNCA of interest to the CBP are located and if for exclusion based on public comment and the western yellow-billed cuckoo such areas are requested. However, in and information we receive and on our (Service 2014, pp. 300–306). Given that general, we would expect the areas to be further review of the revised proposed the Fort’s ground water use has been no more than 0.25 mi (0.4 km) from the designation and its potential impacts. determined to not adversely affect border. We will be meeting with CBP Some of the following information on western yellow-billed cuckoos or their staff to discuss their activities and make HCPs, plans, partnerships, and habitat, we are not considering the area a final determination on potential agreements was obtained from the for exclusion at this time. Should the exclusion in our final designation of August 15, 2011, proposed designation Army present additional information as critical habitat. of revised critical habitat for the to why the area warrants exclusion, we Exclusions Based on Other Relevant southwestern willow flycatcher (76 FR may consider their request in our final Impacts 50542). The areas used by the designation. southwestern willow flycatcher and Lastly, we received a request from the Under section 4(b)(2) of the Act, we western yellow-billed cuckoo overlap in U.S. Customs and Border Protection consider any other relevant impacts, in several areas in the southwestern United (CBP) (Department of Homeland addition to economic impacts and States, and management actions for the Security) that proposed critical habitat impacts on national security. We southwestern willow flycatcher often along the U.S./Mexico border along consider a number of factors including benefit the western yellow-billed California, Arizona, and Texas be whether there are permitted cuckoo. These various plans describe considered for exclusion under section conservation plans covering the species beneficial actions for the southwestern 4(b)(2) of the Act for national security in the area such as habitat conservation willow flycatcher within the same area reasons. The CBP was particularly plans (HCPs), safe harbor agreements, or that we are proposing to designate as concerned with Unit 7 (CA/AZ–1), Unit candidate conservation agreements with western yellow-billed cuckoo critical 26 (AZ–18) (south of Arizona Highway assurances, or whether there are habitat. We will consider whether these 92), Unit 31 (AZ–23), Unit 32 (AZ–24), nonpermitted conservation agreements beneficial actions for the southwestern and Unit 35 (AZ–27). However with the and partnerships that would be willow flycatcher are appropriate to revision to the original proposal, we encouraged by designation of, or include in any consideration of assume the CBP would request all areas exclusion from, critical habitat. In excluding a given proposed western along the California, Arizona, New addition, we look at the existence of yellow-billed cuckoo unit from final Mexico, and Texas border be evaluated Tribal conservation plans and western yellow-billed cuckoo critical partnerships and consider the for exclusion. Our evaluation of this habitat designation under section 4(b)(2) government-to-government relationship request is outlined below. of the Act. United States/Mexico Border; of the United States with Tribal entities. Below we present details on the areas Colorado River 1 (Unit 7 CA/AZ–1), We also consider any social impacts that being considered for exclusion within Upper San Pedro River (Unit 26 AZ–18), might occur because of the designation. each State. Please see the Service’s Based on the information provided by Unit 31 (AZ–23) Arivaca Wash and San policy regarding implementation of entities seeking exclusion, as well as Luis Wash, Unit 32 (AZ–24) Sonoita section 4(b)(2) of the Act (81 FR 7226; any additional public comments Creek, Santa Cruz River (Unit 34 AZ– February 11, 2016) for a description of received, we will evaluate whether 26), Black Draw (Unit 35 AZ–27), Arroyo the categories under which the areas certain lands in the proposed critical Caballo, Rio Grande (Unit 79 TX–1), considered for exclusion are grouped Terlingua Creek and Rio Grande (Unit habitat presented in table 3 are below. 80 TX–2) California Gulch (Unit 91 AZ– appropriate for exclusion from the final 40), Sycamore Canyon (Unit 92 AZ–41), designation under section 4(b)(2) of the California Pena Blanca Canyon (Unit 100 AZ–49), Act. If the analysis indicates that the Federal Lands Washington Gulch (Unit 120 AZ–68), benefits of excluding lands from the San Rafael Valley (Unit 113, AZ–62), final designation outweigh the benefits South Fork Kern River Valley (Unit 64 and Guadalupe Canyon (Unit 118 AZ– of designating those lands as critical CA–2) Sprague Ranch Conservation 72). As stated above, we received a habitat, then the Secretary may exercise Easement. Sprague Ranch is an request from the CBP that proposed his discretion to exclude the lands from approximately 2,479-ac (1,003-ha) critical habitat along the border in the final designation. parcel, which includes approximately California, Arizona, and Texas be We believe that the following HCPs 395 ha (975 ac) of floodplain habitat considered for exclusion under section and other plans, partnerships, and located along the South Fork of the Kern 4(b)(2) of the Act. CBP stated they have agreements may fulfill the above River in Kern County, California. concerns that the designation could criteria, and will consider the exclusion Sprague Ranch was purchased by the have significant impacts on their ability of these Federal, Tribal, and non- U.S. Army Corps of Engineers (USACE) to carry out CBP’s national- and border- Federal lands covered by these plans as a result of biological opinions for the security missions along the U.S./Mexico that provide for the conservation of the long-term operation of Lake Isabella international border. In these areas, CBP western yellow-billed cuckoo. We are Dam and Reservoir (Service 1996 File conducts clearing and management of requesting comments on the benefits to Nos. 1–1–96–F–27; 1–1–99–F–216; and riparian vegetation to maintain the western yellow-billed cuckoo from 1–1–05–F–0067), specifically to provide unobstructed lines of sight in the border these HCPs, plans, partnerships, and habitat and conservation for the areas to facilitate identification and agreements. However, at this time, we southwestern willow flycatcher. Many location of illegal cross-border activities are not proposing the exclusion of any of the actions may also benefit the

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western yellow-billed cuckoo. During parcel completes a continuous corridor River Indian Tribes (CRIT) have the periods of time southwestern willow of willow-cottonwood riparian habitat finalized a southwestern willow flycatcher habitat is not available at along the South Fork Kern River that flycatcher management plan (SWFMP) Lake Isabella Reservoir as a result of connects the east and west segments of compatible with western yellow-billed short-term inundation from Isabella the Audubon Society’s Kern River cuckoo management (CRIT 2005, pp. 1– Dam operations, Sprague Ranch is Preserve. The conservation easement 48). The CRIT’s SWFMP describes a expected to provide habitat for the and plan establishes that these lands are commitment to conduct a variety of southwestern willow flycatcher. The managed for the benefit of the habitat management actions. The USACE, National Audubon Society southwestern willow flycatcher by SWFMP also identifies the assessment, (Audubon), and California Department restoring, improving, and protecting its identification, and protection of of Fish and Wildlife (CDFW) (formerly habitat. Management activities include: southwestern willow flycatcher California Department of Fish and (1) Limiting public access to the site, (2) migration habitat (CRIT 2005, pp. 1–48). Game) have a joint management winter-only grazing practices (outside of The SWFMP identifies protecting agreement for this property, which is the southwestern willow flycatcher breeding habitat with the Ahakhav important southwestern willow nesting season), (3) protection of the site Tribal Preserve and in any areas flycatcher habitat. Sprague Ranch is from development or encroachment, (4) established for southwestern willow located immediately north and adjacent maintenance of the site as permanent flycatchers with the Lower Colorado to the Kern River Preserve (KRP), which open space that has been left River Multi-Species Conservation is owned and operated by Audubon, predominantly in its natural vegetative Program (LCR MSCP). Seasonal closures and shares a common border with the state, and (5) spreading of flood waters of occupied southwestern willow KRP of more than 3 mi (4.8 km). to promote the moisture regime and flycatcher habitat during the breeding Sprague Ranch contains existing wetland and riparian vegetation for the season may be necessary and riparian forest that can support and conservation of the southwestern established by the Colorado River maintain nesting territories and willow flycatcher. Prohibitions of the Indian Tribes. Protection of habitat from migrating and dispersing southwestern easement that would benefit the fire is established in the SWFMP, as willow flycatchers. Other portions of the conservation of the southwestern well as protections from other possible ranch are believed to require restoration willow flycatcher include: (1) Haying, stressors such as overgrazing, recreation, and management in order to become mowing, or seed harvesting; (2) altering and development (CRIT 2005, pp. 1–48). nesting southwestern willow flycatcher the grassland, woodland, wildlife The Colorado River Indian Tribes may habitat. Activities such as nonnative habitat, or other natural features; (3) also work in conjunction with the LCR vegetation control and native tree dumping refuse, wastes, sewage, or MSCP on additional riparian plantings are other management other debris; (4) harvesting wood management. We received comments activities expected to occur. Sprague products; (5) draining, dredging, from the CRIT following our proposed Ranch is currently being managed in channeling, filling, leveling, pumping, rule, and those comments will be fully accordance with the terms and diking, or impounding water features or considered in the final designation. We conditions of the biological opinions altering the existing surface water will consider excluding the Colorado specifically for the southwestern willow drainage or flows naturally occurring River Indian Tribal land from the final flycatcher. within the easement area; and (6) designation of western yellow-billed Based on the anticipated benefits to building or placing structures on the cuckoo critical habitat under section the western yellow-billed cuckoo that easement. 4(b)(2) of the Act. would derive from the actions to benefit Based on the actions to benefit the Fort Yuma Indian Reservation (Unit 1, the southwestern willow flycatcher, we southwestern willow flycatcher, we will will consider excluding approximately CA/AZ–1). The Quechan Tribal lands consider excluding the Hafenfeld Ranch contain a proposed Colorado River 40 ac (16 ha) in Unit 64 along the South lands within Unit 64 (127 ac (51 ha)) Fork Kern River on Sprague Ranch from segment of western yellow-billed from final western yellow-billed cuckoo cuckoo critical habitat near the City of final western yellow-billed cuckoo critical habitat designation under critical habitat designation under Yuma in Yuma County, Arizona. The section 4(b)(2) of the Act. section 4(b)(2) of the Act. Quechan Tribe has completed an Arizona SWFMP that is compatible with western Private or Other Non-Federal yellow-billed cuckoo management Conservation Plans or Agreements and Tribal Lands Along the Colorado River (Quechan Indian Tribe 2005, pp. 1–30). Partnerships, in General On the Colorado River along the The Quechan Tribe’s SWFMP describes South Fork Kern River Valley (Unit 64 California/Arizona border several Native a commitment to conduct a variety of CA–2) Hafenfeld Ranch Conservation American Tribes own lands within habitat management actions. The Tribe Easement. The Hafenfeld Ranch owns Units 1 (CA/AZ–1) and 2 (CA/AZ–2). will manage riparian tamarisk that is and manages a segment (127 ac (51 ha)) We are considering excluding all Tribal intermixed with cottonwood, willow, of proposed western yellow-billed lands from these two units. The total mesquite, and arrow weed to maximize cuckoo critical habitat along the South amount of area considered in the potential value for nesting southwestern Fork Kern River within the Kern River exclusion totals approximately 55,061 willow flycatchers (Quechan Indian Management Unit in Kern County, ac (22,292 ha) from Unit 1 and 20,025 Tribe 2005, pp. 1–30). Any permanent California. The Hafenfeld Ranch has ac (8.107 ha) from Unit 2. Information land use changes for recreation or other developed a conservation easement and regarding Tribal management of these reasons will consider and support plan with the Natural Resources areas is described below. southwestern willow flycatcher needs, Conservation Service that provides Colorado River Indian Reservation as long as those needs are consistent management and protections for (Unit 1, CA/AZ–1). The Colorado River with Tribal cultural and economic southwestern willow flycatcher habitat. Indian Tribal lands contain a proposed needs. The Tribe will consult with the We are evaluating whether these actions Colorado River segment of western Service to develop and design plans that also provide benefit for the western yellow-billed cuckoo critical habitat in minimize impacts to southwestern yellow-billed cuckoo. The Hafenfeld La Paz County, Arizona. The Colorado willow flycatcher habitat. The Tribe will

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establish collaborative relationships lands on the Colorado River from the billed cuckoo critical habitat under with the Service to benefit the final designation of western yellow- section 4(b)(2) of the Act. southwestern willow flycatcher, billed cuckoo critical habitat under San Carlos Reservation (Unit 17: AZ– including monitoring for southwestern section 4(b)(2) of the Act. 15, Lower San Pedro River and Gila willow flycatcher presence and habitat River; Unit 22: AZ–20, Gila River 1; Unit Other Tribal Lands in Arizona condition, within the constraints of 27: AZ–25, Aravaipa Creek; and Unit funds available to the Tribe. This action Yavapai-Apache Nation (Unit 7: AZ– 28: AZ–26, Gila River 2). The San Carlos is anticipated to provide benefits to the 5, Upper Verde River; Unit 9: AZ–7, Apache Tribal lands contain proposed western yellow-billed cuckoo. The Beaver Creek; and Unit 10: AZ–8, Lower western yellow-billed cuckoo critical Quechan Tribe may also work in Verde River and West Clear Creek). The habitat within the conservation space of conjunction with the LCR MSCP on Yavapai-Apache Nation contains Verde San Carlos Lake and the Gila River additional riparian management. We River segments of proposed western upstream from San Carlos Lake, in Gila will consider excluding the Quechan yellow-billed cuckoo critical habitat in County, Arizona. The San Carlos Tribal land from the final designation of Yavapai County, Arizona. The small Apache Tribe has finalized an SWFMP western yellow-billed cuckoo critical parcels are located near Clarkdale, that is compatible with western yellow- habitat under section 4(b)(2) of the Act. Camp Verde, Middle Verde, Rimrock, billed cuckoo management (San Carlos Cocopah Tribe of Arizona (Unit 1, and the I–17 interchange for Montezuma Apache Tribe 2005, pp. 1–65). CA/AZ–1). The Cocopah Tribal lands, Castle National Monument (Yavapai- Implementation of the San Carlos located 13 mi (21 km) south of Yuma, Apache Nation 2005, p. 6). The Yavapai- Apache Tribe’s SWFMP will protect all in Yuma County, Arizona, contain Apache Nation has completed an known southwestern willow flycatcher proposed western yellow-billed cuckoo SWFMP that is compatible with western habitat on San Carlos Tribal Land and critical habitat along the lower Colorado yellow-billed cuckoo management assure no net habitat loss or permanent River. We provided comments on a draft (Yavapai-Apache Nation 2005, pp. 1– modification will result (San Carlos management plan provided by the 15). The Yavapai-Apache Nation’s Apache Tribe 2005, p. 36). All habitat Cocopah Tribe following our proposed SWFMP addresses and presents restoration activities (whether to critical habitat rule, and we will assurances for southwestern willow rehabilitate or restore native plants) will continue to work with the Cocopah flycatcher habitat conservation. The be conducted under reasonable Tribe on revisions compatible with Yavapai-Apache Nation will, through coordination with the Service. All western yellow-billed cuckoo zoning, Tribal ordinances and code reasonable measures will be taken to management. The Cocopah Tribe may requirements, and measures identified ensure that recreational activities do not also work in conjunction with the LCR in the southwestern willow flycatcher result in a net habitat loss or permanent MSCP on additional riparian recovery plan, take all practicable steps modification. All reasonable measures management. We will consider to protect known southwestern willow will be taken to conduct livestock excluding the Cocopah Tribe of Arizona flycatcher habitat located along the grazing activities under the guidelines land from the final designation of Verde River (Yavapai-Apache Nation established in the recovery plan for the western yellow-billed cuckoo critical 2005, p. 14). The Yavapai-Apache southwestern willow flycatcher. Within habitat under section 4(b)(2) of the Act. Nation will take all reasonable measures funding limitations and under Based on these conservation plans, we to assure that no net habitat loss or confidentiality guidelines established by will consider excluding the Cocopah permanent modification of the Tribe, the Tribe will cooperate with Tribal lands in Units 1 and 2. southwestern willow flycatcher habitat the Service to monitor and survey Fort Mojave Indian Tribe (Unit 2, CA/ will result from recreational and road habitat for breeding and migrating AZ–2). Fort Mojave Indian Tribal lands construction activities, or habitat southwestern willow flycatchers, contain a proposed segment of western restoration activities, and will take all conduct research, and perform habitat yellow-billed cuckoo critical habitat at reasonable steps to coordinate with the restoration, or other beneficial Lake Havasu in Mohave County, Service so that southwestern willow southwestern willow flycatcher Arizona. The Fort Mojave Tribe has flycatcher habitat is protected. Within management activities (San Carlos finalized an SWFMP, compatible with funding limitations and under Apache Tribe 2005, pp. 35–36, 45–46). western yellow-billed cuckoo confidentiality guidelines established by Because southwestern willow management (Fort Mojave Indian Tribe the Yavapai-Apache Nation, they will flycatchers and western yellow-billed 2005, pp. 1–24). The Fort Mojave Tribe’s cooperate with the Service to monitor cuckoos rely on similar riparian habitat, SWFMP describes that, within the and survey habitat for breeding and most of the mitigation measures serve Tribe’s budgetary constraints, they migrating southwestern willow both species. We received comments commit to management that will sustain flycatchers, conduct research, and from the San Carlos Apache Tribe the current value of tamarisk, willow, perform habitat restoration, or other following our 2014 proposed critical and cottonwood vegetation that meets beneficial southwestern willow habitat rule, and those comments and moist soil conditions necessary to flycatcher management activities. new comments will be fully considered maintain southwestern willow Because southwestern willow in the final designation. We will flycatcher habitat; monitoring to flycatchers and western yellow-billed consider excluding 13,766 ac (5,571 ha) determine southwestern willow cuckoos rely on similar riparian habitat, of San Carlos Apache Tribal land from flycatcher presence and vegetation most of the mitigation measures serve the final designation of western yellow- status in cooperation with the Service; both species. We received comments billed cuckoo critical habitat under and wildfire response and law from the Yavapai-Apache Nation section 4(b)(2) of the Act. enforcement to protect suitable habitats. following our proposed critical habitat Hualapai Indian Tribe (Unit 31: AZ– The Fort Mojave Indian Tribe may also rule and have incorporated those 29, Big Sandy River). The Hualapai work in conjunction with the LCR comments in this revision. We will Indian Tribe owns land within the MSCP on additional riparian consider excluding the Verde River proposed western yellow-billed cuckoo management (Fort Mojave Indian Tribe segments totaling 534 ac (216 ha) within critical habitat along the Big Sandy 2005, pp. 1–24). We will consider the Yavapai-Apache Nation from the River, in Mohave County, Arizona. The excluding the Fort Mojave Indian Tribal final designation of western yellow- Hualapai Tribe has finalized a

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management plan for the southwestern along the lower Colorado River from Critical habitat on the Verde River is willow flycatcher that was adopted by Lake Mead to the southerly proposed within the water storage space the Hualapai Tribal Council (Hualapai international border. Portions of the and upstream of Horseshoe Reservoir Tribe 2004, entire). Colorado River, Lake Mead, Virgin and downstream of Bartlett Lake. The The objectives of the Hualapai Tribe’s River, and Muddy River in Arizona, area covered by the permit for the management plan are to manage Utah, and Nevada are included where western yellow-billed cuckoo and riparian vegetation to: (1) Maximize they surround Lake Mead (including the southwestern willow flycatcher continued presence of native plant conservation space of Lake Mead, which includes Horseshoe Reservoir up to an species suitable for use by flycatchers; extends up the Colorado River to elevation of 2,026 ft (618 m) and Bartlett (2) ensure that existing land uses (which Separation Canyon). Also, a portion of up to an elevation of 1,748 ft (533 m) presently include recreational activities) the Bill Williams River at the Colorado (SRP 2008, p. ES–1). The water storage will not result in net loss or reduction River confluence at Lake Havasu occurs space within Horseshoe Reservoir is the in quality of habitat; and (3) continue within the LCR MSCP planning area. primary area where impacts to the their Department of Natural Resources The LCR MSCP permittees will create western yellow-billed cuckoos and partnership in the management of the and maintain 4,050 ac (1,639 ha) of southwestern willow flycatchers are lower Colorado River region, including western yellow-billed cuckoo habitat, anticipated to occur through periodic those associated with the LCR MSCP reduce the risk of loss of created habitat inundation and drying of habitat (SRP (Hualapai Tribe 2004, pp. 17–18). to wildfire, replace created habitat 2008, p. 3). Because southwestern willow affected by wildfire, and avoid and Water storage and periodic flycatchers and western yellow-billed minimize operational and management inundation of western yellow-billed cuckoos rely on similar riparian habitat, impacts to western yellow-billed cuckoo and southwestern willow most of the conservation measures cuckoos over the 50-year life of the flycatcher habitat would likely result in identified in the plan serve both species. permit (2005 to 2055) (Lower Colorado delayed or lost breeding attempts, We will consider excluding the River Multi-Species Conservation decreased productivity and survivorship Hualapai Tribal lands within Unit 31: Program 2004, pp. 5–30–5–36, Table 5– of dispersing adults in search of suitable AZ–29, Big Sandy River, totaling 10, 5–58–5–60). Additional research, breeding habitat, and decreased approximately 242 ac (98 ha) from the management, monitoring, and productivity of adults that attempt to final designation of critical habitat for protection of western yellow-billed breed at Horseshoe Reservoir. The 50- the western yellow-billed cuckoo under cuckoos will occur. In addition to year Horseshoe and Bartlett Dam HCP section 4(b)(2) of the Act. western yellow-billed cuckoo habitat provides measures to minimize and Private or Other Non-Federal creation and subsequent management, mitigate incidental take while allowing Conservation Plans Related to Permits the LCR MSCP will provide funds to the continued operation of the two Under Section 10 of the Act ensure existing western yellow-billed reservoirs (SRP 2011a, p. 5). These goals Colorado River; Bill Williams River cuckoo habitat is maintained. Western will be achieved with the following (Unit 1: CA/AZ–1; Unit 2: CA/AZ–2; and yellow-billed cuckoo management measures: (1) Managing water levels in Unit 3: AZ–1). Lower Colorado River associated with the LCR MSCP is Horseshoe Reservoir to the extent Multi-Species Conservation Plan (LCR conducted in conjunction with practicable to benefit or reduce impacts MSCP). The Lower Colorado River management occurring on the National to the covered species; and (2) acquiring Multi-Species Conservation Program Wildlife Refuges (Bill Williams, Havasu, and managing southwestern willow (2004, pp. 1–506) was developed for Cibola, and Imperial) and Tribal lands flycatcher and western yellow-billed areas along the lower Colorado River (Hualapai, Fort Mohave, Chemehuevi, cuckoo habitat along rivers in central along the borders of Arizona, California, Colorado River, and Quechan Tribes) Arizona to provide a diversity of and Nevada from the conservation space along the LCR. Additional rationale for geographic locations with habitat like of Lake Mead to Mexico, in the Counties considering an exclusion within the Horseshoe Reservoir (SRP 2008, p. ES– of La Paz, Mohave, and Yuma in geographic area covered by the LCR 4). Mitigation efforts include operation Arizona; Imperial, Riverside, and San MSCP can be found in the final rule of Horseshoe Reservoir to support tall, Bernardino Counties in California; and designating critical habitat for the dense vegetation at the upper end of the Clark County in Nevada. The LCR MSCP southwestern willow flycatcher, reservoir and to make riparian habitat primarily covers activities associated published in the Federal Register on available earlier in the nesting season with water storage, delivery, diversion, January 3, 2013 (78 FR 410–418). We (SRP 2011a, p. 5). In addition, after two and hydroelectric production. The will consider excluding all Federal and successive years without storage above record of decision was signed by the non-Federal land that may occur within an elevation of 1,990 ft (607 m), Secretary of the Interior on April 2, the LCR MSCP planning area from the Horseshoe Reservoir would be filled in 2005. Discussions began on the final designation of western yellow- order to saturate the soil and relieve the development of this HCP in 1994, but an billed cuckoo critical habitat under drought stress on stands of willow trees important catalyst was a 1997 jeopardy section 4(b)(2) of the Act. (SRP 2008, pp. 30–31). Filling biological opinion for the southwestern Horseshoe Dam (Unit 11: AZ–9A), Horseshoe after two dry years would willow flycatcher issued to the Bureau Horseshoe and Bartlett Dam Habitat depend on whether adequate water of Reclamation for lower Colorado River Conservation Plan (HCP). In June 2008, supply is available, consistency with the operations. The Federal agencies the Service issued an incidental take other reservoir operation objectives, and involved in the LCR MSCP include permit to the Salt River Project (SRP) for maintenance of a minimum pool of Reclamation, Bureau of Indian Affairs 16 species that inhabit Horseshoe and 50,000 acre-feet in Bartlett to minimize (BIA), NPS, BLM, Western Area Power Bartlett Reservoirs and the Verde River impacts on recreation at that reservoir Administration, and the U.S. Fish and above and below the two dams in Gila (SRP 2008, p. 31). The need to manage Wildlife Service. and Maricopa Counties (SRP 2008, p. 6). Horseshoe levels to support stands of The LCR MSCP planning area The western yellow-billed cuckoo and tall dense vegetation would occur about primarily surrounds proposed western southwestern willow flycatcher are two once every 13 years on average based on yellow-billed cuckoo critical habitat of the covered species in the permit. historical runoff patterns.

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While Horseshoe Dam operations may cuckoo critical habitat under section flycatcher habitat in the Roosevelt cause fluctuations in habitat abundance 4(b)(2) of the Act. However, SRP lakebed from adverse activities such as and quality, reservoir operations also supports the inclusion of the Gila River fire ignition from human neglect, create a dynamic environment that mitigation properties near Fort Thomas improper vehicle use, etc. (SRP 2011b, fosters the long-term persistence of in Unit 22, AZ–20, Gila River 1, as p. 13). The SRP also developed 20 ac (8 habitat. Combined with the normal critical habitat, and these properties are ha) of habitat near Roosevelt Lake at cycle of reservoir levels, which serve to not being considered for exclusion (SRP offsite Rockhouse Demonstration Site to establish and maintain riparian habitat 2014, entire). serve as a potential refugium when in and adjacent to the reservoir, the Roosevelt Lake (Unit 12: AZ–10, Roosevelt Lake is near capacity (SRP modified reservoir operations minimize Tonto Creek, and Unit 23: AZ–21, Salt 2011, p. 15). This site is an average of impacts on southwestern flycatchers River). In February 2003, the Service 25 ft (8 m) above ground water and and western yellow-billed cuckoos (SRP issued an incidental take permit to the relies on artificial irrigation. If SRP’s 2008, pp. 169–170). The HCP obligates SRP for four riparian bird species, ability to artificially irrigate the site is the SRP to monitor western yellow- including the western yellow-billed damaged or is discontinued and habitat billed cuckoos, southwestern willow cuckoo and southwestern willow is no longer suitable, the HCP provides flycatchers, and habitat at Horseshoe flycatcher for 50 years (SRP 2011b, p. 1). an adaptive management alternative Reservoir (SRP 2011a, p. 8) and The Tonto Creek and the Salt River (SRP 2014, entire). The SRP monitors mitigation properties. The SRP must confluences with Roosevelt Lake are habitat conditions, southwestern willow acquire and manage in perpetuity 200 ac proposed as western yellow-billed flycatchers, and western yellow-billed (81 ha) of riparian habitat by fee title or cuckoo critical habitat. The activity cuckoos at Roosevelt Lake and at offsite conservation easements (SRP 2011a, p. covered by the permit is the continued mitigation properties (SRP 2011, pp. 19– 5). The SRP has acquired a conservation operation by the SRP of Roosevelt Dam 20). We will consider excluding the easement for 150 ac (60 ha) and has and Lake in Gila and Maricopa water storage area of Roosevelt Lake, acquired an additional 55 ac (22 ha) of Counties, Arizona, up to an elevation of which is the area within the riparian woodland on the Gila River 2,151 ft (656 m) (SRP 2002, ES–1). The conservation pool up to the 2,151-ft near Fort Thomas (Unit 22, AZ–20, Gila HCP specifies the following measures to (656-m) elevation, including 3,155 ac River 1) (SRP 2011a, p. 5, SRP 2014, minimize and mitigate incidental take of (1,277 ha) of Unit AZ–10 and 2,469 ac entire). These lands are part of a 1,250- the four species: Creating and managing (1,000 ha) of Unit AZ–21, from the final ac (506-ha) continuous stand of riparian riparian habitat at Roosevelt Lake; and designation of western yellow-billed woodlands owned by SRP and acquiring and managing riparian habitat cuckoo critical habitat under section Reclamation under a southwestern in river basins in central Arizona that 4(b)(2) of the Act. We will also consider willow flycatcher and western yellow- the four target bird species are expected exclusion of the 20-ac (8-ha) Rock billed cuckoo SRP conservation to occupy (SRP 2002, p. ES–4). The HCP Rockhouse Demonstration Site from the management plan (SRP 2014, entire). commits the SRP to acquire 2,250 ac final designation of western yellow- (911 ha), including acquisition and billed cuckoo critical habitat under The SRP provides water from management of at least 1,500 ac (607 ha) section 4(b)(2) of the Act. However, SRP Horseshoe and Bartlett Reservoirs of riparian habitat by fee title or supports the inclusion of their Unit 7 directly to various beneficiaries of these conservation easement offsite on the (AZ–5, Upper Verde River), Unit 17 storage facilities for irrigation and other San Pedro, Verde, and Gila Rivers and (AZ–15, Lower San Pedro River and uses (SRP 2008, pp. 11–22). Water from protection of up to an additional 750 ac Gila Rivers), and Unit 22 (AZ–20, Gila Horseshoe, Bartlett, and the SRP’s other (304 ha). The SRP has exceeded this River 1) mitigation properties as critical reservoirs is provided directly by the obligation, accruing 2,591 ac (1,049 ha) habitat, and they are not being SRP to shareholder lands for irrigation (SRP 2011b, p. 17) in Unit 7 (AZ–5, considered for inclusion (SRP 2014, and other uses, and is delivered to the Upper Verde River), Unit 17 (AZ–15, entire). cities of Avondale, Chandler, Gilbert, Lower San Pedro River and Gila Rivers), Pima County Multi-Species Glendale, Mesa, Peoria, Phoenix, and Unit 22 (AZ–20, Gila River 1). The Conservation Plan (MSCP) (Unit 16: AZ– Scottsdale, Tempe, and Tolleson for SRP monitors vegetation at Roosevelt 14, Upper San Pedro River; Unit 17: AZ– municipal use on shareholder lands. Lake to ensure that adaptive 15, Lower San Pedro River and Gila Water deliveries are also made under management thresholds or permit limits River; Unit 19: AZ–17, Upper Cienega specific water rights in Horseshoe and are not exceeded (SRP 2011b, p. 6). Creek; Unit 24: AZ–22, Lower Cienega Bartlett Reservoirs held by the City of Because southwestern willow Creek; Unit 43: AZ–31, Florida Wash; Phoenix, Salt River Pima Maricopa flycatchers and western yellow-billed Unit 46: AZ–34, Madera Canyon; Unit Indian Community, and Fort McDowell cuckoos rely on similar riparian habitat, 50: AZ–38 Arivaca Lake; Unit 53: AZ– Yavapai Nation. In addition, water is most of the mitigation measures serve 41, Box Canyon; Unit 57: AZ–45 Barrel delivered from the SRP reservoir system both species. Canyon; Unit 58: AZ–46, Gardner to the cities, Gila River Indian Western yellow-billed cuckoo and Canyon; Unit 59: AZ–47, Brown Canyon. Community, Buckeye Irrigation southwestern willow flycatcher habitat Under the Multi-Species Conservation Company, Roosevelt Water at Roosevelt Lake varies depending on Plan, Pima County will avoid, Conservation District, and others in how and when the lake recedes as a minimize, and mitigate impacts to 44 satisfaction of their independent water result of water in-flow and subsequent species and their habitat within the rights. Finally, exchange agreements storage capacity and delivery needs. Permit Area (a portion of Pima County) between a number of entities and the Even in the expected high-water years, during the 30-year section 10(a)(1)(B) SRP pursuant to State and Federal law some southwestern willow flycatcher permit period (Pima County 2016a, p. are facilitated by stored water from and western yellow-billed cuckoo v). The primary covered activities are Horseshoe and Bartlett Reservoirs. We habitat would persist at Roosevelt Lake. maintenance and construction activities will consider excluding 626 ac (253 ha) Measures in the HCP to protect habitat and certain development activities of in and adjacent to the water storage area at Roosevelt Lake include funding a the private sector. of Horseshoe Reservoir from the final USFS employee to patrol and improve Based on the suite of covered designation of western yellow-billed protection of southwestern willow activities and a modeling of urban

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growth projections, Pima County (Pima County 2016b, pp. A–80–81, A– Management Plan and the NEPA review anticipates that there will be 273). process (AGFD–ASP 1997). The approximately 36,000 ac (14,569 ha) of Revised proposed critical habitat corresponding Alamo Wildlife Area disturbance resulting from the covered within the jurisdiction of Pima County Property Operational Management Plan activities within the permit area during includes parts of the above-named units addressing the operations of the the 30-year permit period. For this in the MSCP (Pima County 2016a, p. property, together with the budget, is amount of disturbance, Pima County 14). We are considering excluding 9,191 updated as needed to reflect the changes would provide approximately 116,000 ac (3,719 ha) of land in these units. in operational management (AGFD ac (46,944 ha) of mitigation. Despite not Impacts within western yellow-billed 2012). yet having a section 10(a)(1)(B) permit, cuckoo habitat resulting from the Proposed western yellow-billed Pima County has acquired more than covered activities may emerge over the cuckoo critical habitat occurs along the 74,000 ac (29,247 ha) of fee-owned 30-year permit period and will be Big Sandy, Santa Maria, and Bill lands and more than 124,000 ac (50,181 mitigated accordingly through the Williams Rivers, which make up the ha) of lease lands that provide the MSCP. Pima County submitted upper portion of Alamo Lake. The AWA portfolio of lands Pima County would comments requesting that critical Management Plan describes the unique use to fulfill the section 10(a)(1)(B) habitat be maintained on county- and riparian, wetland, and aquatic aspects of permit mitigation obligations. Partial district- owned and leased properties the area for a variety of species, mitigation credit will be granted for and on the Federal lands within Las specifically targeting the southwestern lease lands and for improving natural Cienegas National Conservation Area willow flycatcher for management and and that these areas not be excluded resource conditions on those lease including the western yellow-billed from the final designation (Huckelberry lands. cuckoo as a species of wildlife concern. 2014, entire). Pima County reasons that Other important avoidance, Two of the specific resources are critical habitat designation will require minimization, and mitigation measures directed toward the habitat needs of the the Federal agencies to use an related to this MSCP rely upon Pima southwestern willow flycatcher and the additional standard of review when County’s continued application of western yellow-billed cuckoo: (1) conducting section 7 consultations with various County Code requirements and Maintain and enhance aquatic and the Service for federally permitted departmental procedures that mandate riparian habitats to benefit wildlife; and activities that are not controlled by Pima (2) restore, manage, and enhance the avoidance and mitigation of impacts County, such as mines and transmission to onsite sensitive resources. Pima lines. Pima County’s commitment to the habitats for wildlife of special concern. County anticipates providing protection of species and habitat is a Large Fremont cottonwood and approximately 112,000 ac (45,325 ha) of core value of its citizens and Goodding’s willow forests, mesquite mitigation for approximately 36,000 ac government, as demonstrated by its bosque, and small areas of wetland (14,568 ha) of disturbance resulting continued implementation of the MSCP currently exist along the Big Sandy, from covered activities (Pima County (Huckelberry 2014, entire). We will Santa Maria, and upper Bill Williams 2016a, p. v). Pima County has spent review Pima County’s request not to Rivers. Increasing and improving these approximately $150 million on land exclude certain lands from the final habitats will benefit riparian- and acquisitions since 2004 in preparation designation of western yellow-billed wetland-dependent species (AGFD for the section 10(a)(1)(B) permit cuckoo critical habitat under section 2012, p. 4–6). The objective for mitigation needs. These dollars came 4(b)(2) of the Act. maintaining and enhancing riparian primarily from bond funds approved by habitat includes (a) Maintaining a voters in 2004. Most of the management Private or Other Non-Federal reservoir level sufficient to ensure and enforcement functions associated Conservation Plans or Agreements and suitable soil moisture conditions in the with this MSCP are already taking place Partnerships, in General mixed riparian forest, and (b) managing as Pima County implements the natural Alamo Lake State Wildlife Area burros and eliminating trespass cattle to resource and open-space elements of its (AWA); Alamo Lake (Unit 4, AZ–2). The ensure that browsing does not harm Sonoran Desert Conservation Plan. Alamo Lake State Wildlife Area (AWA) existing habitat or impair recruitment of Implementation of the more in La Paz and Mohave Counties, replacement vegetation. Livestock comprehensive ecological monitoring Arizona, was created under provisions grazing is excluded from the riparian program, which is required subsequent of the Fish and Wildlife Coordination areas on the upper end of Alamo Lake to the issuance of the section 10(a)(1)(B) Act (16 U.S.C. 661 et seq.), Public Land and the lower portions of the Santa permit, will result in new programmatic Order 492 (PLO 492), and the General Maria and Big Sandy Rivers. Burro costs for Pima County (Pima County Plan agreement between the Secretary of management objectives are to monitor 2016a, p. vi). The plan will conserve the Army, Secretary of the Interior, and and limit use of riparian vegetation such and manage western yellow-billed Director of Arizona Game and Fish, that annual bark stripping of live trees cuckoos by: (1) Implementing the Pima signed January 19, 1968 (Arizona Game does not exceed 3 percent in any of the County Riparian Protection Ordinance and Fish Department—Arizona State key monitoring areas (AGFD 2012, p. to minimize habitat loss; (2) protecting Parks (AGFD–ASP) 1997). The area is 10). Fencing may be needed to exclude water rights at Cienega Creek Natural owned by the USACE and the State. A unauthorized livestock and feral burros, Preserve and Buehman Canyon to lease agreement between the Arizona exclude elk, control off-highway-vehicle maintain and restore habitat; (3) seeking Game and Fish Department Commission access, and better manage authorized to protect additional water rights at and the USACE was signed in 1970, livestock (AGFD 2012, pp. 10–12). We Cienega Creek Natural Preserve and establishing the AWA for fish and are considering to exclude the entire Buehman Canyon to maintain and wildlife conservation and management Alamo Lake area (Alamo Lake (Unit 4, restore habitat; and (4) conducting purposes (AGFD–ASP 1997). The AZ–2: 2,793 ac (1,130 ha)) and portions protocol surveys every 3 years at all present lease area encompasses of the Big Sandy River (Unit 31, AZ–29: sites; and (5) enacting a 400-m approximately 22,586 ac (9,140 ha). 500 ac (202 ha) within the Alamo Lake ‘‘restricted activity zone’’ buffer around Public input was solicited and State Wildlife Area from the final known nests during the nesting period addressed in development of the AWA designation of western yellow-billed

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cuckoo critical habitat under section dominated by Arizona ash, boxelder, Ildefonso Pueblo lands totaling 1,173 ac 4(b)(2) of the Act. Arizona walnut, and netleaf hackberry (475 ha) from the final designation of Pinal Creek (Unit 13 AZ–11). (AGFD 2017, entire). Some tamarisk is western yellow-billed cuckoo critical Freeport-McMoRan Incorporated (FMC), interspersed with native tree species. habitat under section 4(b)(2) of the Act. a private mining company, has Lower Granite Creek supports a well- Tribal Management Plans and ownership and management developed narrowleaf cottonwood Partnerships—Cochiti, Santo Domingo, responsibility for a portion of Pinal (Populus acuminata) riparian forest. We San Felipe, Sandia, Santa Ana, and Creek proposed as revised western received comments from the AGFD Isleta Pueblos; Middle Rio Grande (Unit yellow-billed critical habitat in Gila requesting an exclusion for this 37: NM–6A and 6B). The Cochiti Pueblo, County, Arizona. Along this Pinal Creek property, and those comments will be segment, since 1998, FMC has been Santo Domingo Pueblo, San Felipe fully considered in the final Pueblo, Sandia Pueblo, and Santa Ana actively implementing conservation designation. We will consider excluding measures for improving the riparian Pueblo contain proposed western 464 ac (188 ha) of AGFD land and 18 ac yellow-billed cuckoo critical habitat habitat for the southwestern willow (7 ha) of State Trust lands from the final flycatcher. Conservation actions being along the Rio Grande within the Middle designation of western yellow-billed Rio Grande Management Unit in implemented on FMC lands include cuckoo critical habitat under section Sandoval County, New Mexico. The control of exotic riparian plant species, 4(b)(2) of the Act. improved cattle management, fencing, Isleta Pueblo contains proposed western monitoring, and limiting access to the New Mexico yellow-billed cuckoo critical habitat along the Rio Grande within the Middle site in order to foster the development Tribal Lands of native riparian habitat. From 1999 to Rio Grande Management Unit in 2007, the water and land management Tribal Management Plans and Bernalillo County, New Mexico. Partnerships—Santa Clara, Ohkay actions implemented resulted in an 88 The Cochiti Pueblo, Santo Domingo Owingeh, and the San Ildefonso percent increase in total riparian Pueblo, San Felipe Pueblo, Sandia vegetation volume within the area (FMC Pueblos; Upper Rio Grande 1 (Unit 35: NM–4) and Upper Rio Grande 2 (Unit Pueblo, Santa Ana Pueblo, and Isleta 2012, p. 11). In 2012, FMC submitted a Pueblo have conducted a variety of flycatcher management plan for the 36: NM–5). The Santa Clara Pueblo and Ohkay Owingeh contain proposed voluntary measures, restoration projects, proposed segment of Pinal Creek (FMC and management actions to conserve the 2012, entire), committing to continue western yellow-billed cuckoo critical habitat along the Rio Grande within the western yellow-billed cuckoo and its implementing the land management habitat on their lands. Cochiti Pueblo, actions initiated through a USACE Upper Rio Grande Management Unit in Rio Arriba County, New Mexico. The Santo Domingo Pueblo, San Felipe permit that have resulted in the Pueblo, Sandia Pueblo, Santa Ana improved abundance, distribution, and San Ildefonso Pueblo contains proposed western yellow-billed cuckoo critical Pueblo, and Isleta Pueblo made quality of riparian habitat for nesting commitments to the Service to develop southwestern willow flycatchers. We habitat along the Rio Grande within the Upper Rio Grande Management Unit in integrated resources management plans expect such measures will also benefit to address multiuse, enhancement, and the western yellow-billed cuckoo. As a Santa Fe County, New Mexico. The Santa Clara Pueblo, Ohkay management of their natural resources. result we are considering to exclude The pueblos have implemented fuel approximately 390 ac (158 ha) of Unit Owingeh, and the San Ildefonso Pueblo have conducted a variety of voluntary reduction of flammable exotic riparian 13 from final designation under section vegetation and native tree restoration 4(b)(2) of the Act. measures, restoration projects, and projects in the riparian area since 2001, Upper Verde River Wildlife Area (Unit management actions to conserve the 7: AZ–5, Upper Verde River). The Upper western yellow-billed cuckoo and its carefully progressing in incremental Verde Wildlife Area, owned by the habitat on their lands. These Pueblos stages to reduce the overall effects to Arizona Game and Fish Department, is have made a commitment to the Service wildlife. The San Felipe Pueblo located approximately 8 mi (12 km) to develop an integrated resources developed a Wildlife Management Plan north of Chino Valley in Yavapai management plan to address multiuse, for the western yellow-billed cuckoo County, Arizona (AGFD 2017, entire). enhancement, and management of their that includes restrictions on The property consists of four parcels natural resources. The pueblos have development in western yellow-billed totaling approximately 796 ac (322 ha) implemented fuel reduction of cuckoo habitat as well as adaptive located along the upper Verde River and flammable exotic riparian vegetation management and monitoring. The Isleta lower Granite Creek. The AGFD also and native tree restoration projects in Pueblo submitted a Riverine manages 240 ac (97 ha) of State Trust the riparian area since 2001, carefully Management Plan with management lands located adjacent to two of the progressing in incremental stages to goals, objectives, and strategies specific deeded parcels. The primary reduce the overall effects to wildlife. to the western yellow-billed cuckoo. management emphasis for the Upper Ohkay Owingeh has a management plan Regarding this proposed critical habitat Verde River property is to manage, for the southwestern willow flycatcher unit, we received comments following maintain, and enhance riparian habitat that provides conservation and our initial proposal from the Santa Ana and maintain native fish diversity restoration for the riparian habitat Pueblo, San Felipe Pueblo, Isleta (AGFD 2012, entire). A monitoring needed for the western yellow-billed Pueblo, and Sandia Pueblo and those program is ongoing. The Upper Verde cuckoo and has expressed interest in comments will be fully considered for River property has four noncontiguous incorporating western yellow-billed the final designation. We will consider parcels of private land, which cuckoo conservation measures into that excluding the Cochiti Pueblo, Santo collectively include approximately 3 mi plan. We received comments from the Domingo Pueblo, San Felipe Pueblo, (5 km) of the upper Verde River, Santa Clara Pueblo following our initial Sandia Pueblo, Santa Ana Pueblo, and draining easterly from the confluence proposal and will fully consider those Isleta Pueblo lands totaling 9,509 ac with Granite Creek to the Prescott comments in the final designation. We (3,850 ha) from the final designation of National Forest boundary 3.5 mi (5.6 will consider excluding the Santa Clara western yellow-billed cuckoo critical km) downstream. Riparian vegetation is Pueblo, Ohkay Owingeh, and the San habitat under section 4(b)(2) of the Act.

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Federal Lands some of the mitigation and monitoring yellow-billed cuckoo detections are Middle Rio Grande 1 (Unit 37: NM– measures serve both species in the recorded, and research in the Gila valley 6B). In January 2016, the Service issued interim until the Management Plan is since 1994. Considering the past and a Biological Opinion for the Rio Grande revised to include the western yellow- ongoing efforts of management and Project Operating Agreement and billed cuckoo specifically. We are research to benefit the southwestern storage of San-Juan Chama Project Water considering the development and willow flycatcher, western yellow-billed in Elephant Butte Reservoir for two implementation of the Management cuckoo, and riparian habitat, done in riparian bird species, including the Plan in our exclusion analysis for coordination and cooperation with the western yellow-billed cuckoo and several units along the Rio Grande River Service, we are considering excluding southwestern willow flycatcher for 35 (see NM–8A Caballo Delta North, NM– areas of the U-Bar Ranch totaling 3,002 years (Service 2016a, entire). The area 8B Caballo Delta South, and NM–10 ac (1,215 ha) from the final designation from RM 62 to RM 38 is currently Selden Canyon and Radium Springs of western yellow-billed cuckoo critical proposed as western yellow-billed exclusion discussions below). habitat under section 4(b)(2) of the Act. Western yellow-billed cuckoo and Unit 39; NM–8A Caballo Delta North cuckoo critical habitat within Elephant southwestern willow flycatcher habitat and NM–8B Caballo Delta South. We are Butte Reservoir, owned by Reclamation. at Elephant Butte varies depending on considering exclusion of approximately The Biological Opinion addresses the how and when the lake recedes as a 345 ac (140 ha) of land based on following actions: (1) Pre-release of result of water in-flow and subsequent Reclamation’s Southwestern Willow storage water from Elephant Butte storage capacity and delivery needs. Flycatcher Management Plan. This Reservoir for flood control purposes; (2) Even in the expected high-water years, Management Plan was initiated in 2012 the carryover accounting for the unused some southwestern willow flycatcher and includes restoration projects and balance of annual diversion allocation and western yellow-billed cuckoo monitoring efforts associated with the to downstream irrigation districts; (3) habitat would persist at Elephant Butte southwestern willow flycatcher that are diversion ratio adjustments that take Reservoir. Areas within Elephant Butte also anticipated to benefit the western into consideration changes in water Reservoir at higher elevations that have yellow-billed cuckoo (Reclamation availability; and (4) storage of San-Juan not been inundated in recent years are 2012, p. 37) (see exclusion discussion Chama Project water (Service 2016a, p. declining in suitability. By having on Middle Rio Grande 1 (Unit 37: NM– 6). Elephant Butte Reservoir fluctuate 6B) above). The Management Plan Conservation measures proposed by surface water elevations, it is commits Reclamation to ensuring at Reclamation and measures to minimize anticipated that over the long term, this least 801 ac (324 ha) of suitable habitat and mitigate incidental take of western would provide a more favorable and in the area from the San Marcial, New yellow-billed cuckoos include: (1) dynamic environment for western Mexico, to Fort Quitman, Texas, either Monitoring of federally listed species yellow-billed cuckoo habitat (Service independently or in association with following established protocols; (2) 2016a, p. 42). We are considering multiple agencies (Reclamation 2012, adding the western yellow-billed excluding the water storage area of pp. 22, 28, 35) is managed for cuckoo to the Reclamation (2012) Elephant Butte Reservoir from RM 54 to southwestern willow flycatcher. Southwestern Willow Flycatcher RM 38 from the final designation of Because southwestern willow Management Plan for the Rio Grande western yellow-billed cuckoo critical flycatchers and western yellow-billed Project (Management Plan); (3) habitat under section 4(b)(2) of the Act. cuckoos rely on similar riparian habitat, minimizing take during high water some of the restoration features are Private or Other Non-Federal surface elevation periods at Elephant anticipated to serve both species in the Conservation Plans or Agreements and Butte Reservoir; (4) minimizing the interim period until the Management Partnerships, in General effects of suitable habitat loss due to the Plan is revised to include projects that proposed action; and (5) developing a U-Bar Ranch (Unit 33: NM–2 Gila have the goal of benefitting the western model to estimate quantities of suitable River). The U-Bar Ranch (Ranch) near yellow-billed cuckoo specifically. habitat gained and lost as a result of Cliff, in Grant County, New Mexico, in Reclamation has committed to updating fluctuating water surface elevations the Upper Gila Management Area is and adding the western yellow-billed (Service 2016a, pp. 7, 40–44). The owned by Pacific Western Land cuckoo to their Management Plan in Management Plan was initiated in 2012 Company (PWLC), a subsidiary of the their recent section 7 consultation and includes restoration projects and Freeport-McMoRan Corporation (FMC). (Number 02ENNM00–2015–F–0734) monitoring efforts that also benefit the Through their efforts and their long-time associated with Elephant Butte western yellow-billed cuckoo lessee, FMC has demonstrated a Reservoir (Reclamation 2015, entire). (Reclamation 2012, p. 37). The commitment to management practices Based on this Management Plan, we Management Plan commits Reclamation on the Ranch that have conserved and are considering excluding the entirety of to ensuring at least 801 ac (324 ha) of benefited the western yellow-billed Unit 39; NM–8A Caballo Delta North suitable habitat from the San Marcial, cuckoo population in that area over the and Caballo Delta South; Sierra County; New Mexico, to Fort Quitman, Texas, is past decade. In addition, FMC had which totals 345 ac (140 ha), from the maintained and available for the privately funded scientific research at final designation of western yellow- southwestern willow flycatcher, an and in the vicinity of the Ranch in order billed cuckoo critical habitat under extensive monitoring and habitat to develop data that has contributed to section 4(b)(2) of the Act. mapping program, and restoration the understanding of habitat selection, Unit 40; NM–9 Animas; Sierra activities that include partners such as distribution, prey base, and threats to County; Management Plan and the International Boundary and Water the southwestern willow flycatcher. The Partnership. The Ladder Ranch located Commission (IBWC), New Mexico State riparian habitat also has a large number along Las Animas Creek contains Parks, the Service, Audubon and others of nesting western yellow-billed proposed critical habitat for the western (Reclamation 2012, pp. 22, 28, 35). cuckoos. yellow-billed cuckoo in Sierra County, Because southwestern willow PWLC and the U-Bar Ranch have New Mexico. The Ladder Ranch is flycatchers and western yellow-billed supported annual southwestern willow conducting conservation actions for cuckoos rely on similar riparian habitat, flycatcher surveys, where western western yellow-billed cuckoo and its

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habitat on their lands and is in the currently included within IBWC’s Utah process of finalizing a conservation preexisting Endangered Species Tribal Lands strategy for the species. We are Management Plan, and the species is considering potential exclusion of the anticipated to benefit from the Green River; Uintah County, Utah entirety of this proposed critical habitat restoration projects that have already (Unit 70: UT–1); Tribal Management unit in the final designation of western been initiated for the southwestern Plans and Partnerships—Ute Tribe, yellow-billed cuckoo critical habitat willow flycatcher (IBWC 2016, p. 3–29). Uintah and Ouray Indian Reservation. under section 4(b)(2) of the Act. This The Uintah and Ouray Indian unit falls entirely within the Ladder IBWC also has created collaborative Reservation contains revised proposed Ranch and totals 608 ac (246 ha). relationships with other entities with critical habitat for western yellow-billed Unit 41; NM–10 Selden Canyon and jurisdiction in the area to work together cuckoo along the Green River in Uintah Radium Springs; Dona Ana County. We on habitat restoration and water rights County, Utah. The Ute Tribe is are considering exclusion of the entire for restoration, including cooperative conducting conservation actions for 237-ac (96-ha) unit based on agreements with the Elephant Butte western yellow-billed cuckoo and its management plans provided by Irrigation District (EBID), New Mexico habitat on their lands and has finalized Reclamation as well as the IBWC. The Energy Minerals and Natural Resources a conservation strategy for the species Reclamation Southwestern Willow Department State Parks Division, and (Sinclear and Simpson 2016, entire). We Flycatcher Management Plan was the Bureau of Reclamation. The are considering potential exclusion of initiated in 2012 and includes agreement with EBID lays the 14,611 ac (5,913 ha) of Ute Tribal lands restoration projects and monitoring foundation for a cooperative from this unit in the final designation of efforts associated with the southwestern Environmental Water Transaction western yellow-billed cuckoo critical willow flycatcher but that are also Program, including allowing for the habitat under section 4(b)(2) of the Act. anticipated to benefit the western irrigation of native plants to be Consideration of Economic Impacts yellow-billed cuckoo (Reclamation classified as an agricultural use to use 2012, p. 37). The Management Plan Section 4(b)(2) of the Act and its Rio Grande Project water. The commits Reclamation to ensuring at implementing regulations require that least 801 ac (324 ha) of suitable habitat implementation of the IBWC we consider the economic impact that in the area from the San Marcial, New collaborative conservation project may result from a designation of critical Mexico, to Fort Quitman, Texas, either provides for significant conservation, habitat. To assess the probable independently or in association with management, improvement, and economic impacts of a designation, we multiple agencies (Reclamation 2012, protection of the physical or biological must first evaluate specific land uses or pp. 22, 28, 35). Because southwestern features essential for the cuckoo. The activities and projects that may occur in willow flycatchers and western yellow- conservation gains to the cuckoo the area of the critical habitat. We then billed cuckoos rely on similar riparian identified south of Caballo Dam are must evaluate the impacts that a specific habitat, some of the restoration features possible because of the development of critical habitat designation may have by are anticipated to serve both species in the water transaction program. restricting or modifying specific land the interim period until the uses or activities for the benefit of the Based on these Management Plans, we species and its habitat within the areas Management Plan is revised to include are considering excluding the entirety of projects that have the goal of benefitting proposed. We then identify which Unit 41; NM–10 Selden Canyon and the western yellow-billed cuckoo conservation efforts may be the result of Radium Springs; totaling 237 ac (96 ha), specifically. Reclamation has committed the species being listed under the Act to updating and adding the western from the final designation of western versus those attributed solely to the yellow-billed cuckoo to their yellow-billed cuckoo critical habitat designation of critical habitat for this Management Plan in their recent section under section 4(b)(2) of the Act. particular species. The probable economic impact of a proposed critical 7 consultation (Number 02ENNM00– Idaho 2015–F–0734) associated with Elephant habitat designation is analyzed by Butte Reservoir (Reclamation 2015, Tribal Lands comparing scenarios ‘‘with critical entire). habitat’’ and ‘‘without critical habitat.’’ The IBWC Endangered Species Unit 65; ID–1 Snake River 1 Fort Hall The ‘‘without critical habitat’’ scenario Management Plan (Part 3 in the IBWC Indian Reservation; Tribal Management represents the baseline for the analysis, Canalization River Management Plan) Plans and Partnerships. The Fort Hall which includes the existing regulatory commits IBWC to establishing or Indian Reservation contains a portion of and socio-economic burden imposed on preserving up to 119 ac (48 ha) of the Snake River 1 Unit in Bannock and landowners, managers, or other resource southwestern willow flycatcher habitat Bingham Counties, Idaho. We have met users potentially affected by the in the area from Percha Dam, New with staff from the Shoshone-Bannock designation of critical habitat (e.g., Mexico, to El Paso, Texas, either Tribes and discussed their existing and under the Federal listing as well as independently or in association with proposed conservation actions and other Federal, State, and local Reclamation (IBWC 2016). IBWC is management plans, which also benefit regulations). The baseline, therefore, currently completing a biological the western yellow-billed cuckoo, for represents the costs of all efforts assessment to address the listing of the the area proposed for designation as attributable to the listing of the species yellow-billed cuckoo in their previous critical habitat. We will continue to under the Act, effectively assuming full Long-Term River Management of the Rio coordinate with the Tribes on these compliance with sections of the Act Grande Canalization Project (section 7 management plans for potential relevant to the analysis(i.e., Consultation Number 02ENNM00– exclusion of 3,219 ac (1,303 ha) of Fort conservation of the species and its 2012–F–0016). This consultation will habitat incurred regardless of whether Hall Indian Reservation land from the address western yellow-billed cuckoo critical habitat is designated). The ‘‘with final designation of western yellow- impacts (both positive and negative) critical habitat’’ scenario describes the associated with the Canalization Project. billed cuckoo critical habitat under incremental impacts associated The western yellow-billed cuckoo is section 4(b)(2) of the Act. specifically with the designation of

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critical habitat for the species. The habitat area as a result of the Federal grazing and agriculture; (7) mining; (8) incremental conservation efforts and listing status of the species. The residential and commercial associated impacts would not be screening report filters out particular development; and (9) border protection expected without the designation of areas of critical habitat that are already activities. We considered each industry critical habitat for the species. In other subject to such protections and are, or category individually. Additionally, words, the incremental costs are those therefore, unlikely to incur significant we considered whether their activities attributable solely to the designation of incremental economic impacts. have any Federal involvement. Critical critical habitat, above and beyond the Ultimately, the screening report allows habitat designation will not affect baseline costs. These are the costs we us to focus our analysis on evaluating activities that do not have any Federal use when evaluating the benefits of the specific areas or sectors that may involvement, as the designation of inclusion and exclusion of particular incur probable incremental economic critical habitat only affects activities areas from the final designation of impacts as a result of the designation. conducted, funded, permitted, or critical habitat should we choose to The screening report also assesses authorized by Federal agencies. In areas conduct an optional 4(b)(2) exclusion whether any unoccupied units may where the western yellow-billed cuckoo analysis. We seek public input on require additional management or is present, Federal agencies will already whether it is appropriate to assume full conservation efforts as a result of the be required to consult with the Service compliance with the requirements critical habitat designation and whether under section 7 of the Act on activities associated with a species listing and the units may incur incremental they fund, permit, or implement that other key land use regulations in economic impacts. We are not may affect the species. If we finalize this constructing a baseline for this analysis. considering designating any unoccupied revised proposed critical habitat If full compliance does not adequately areas. To better identify the potential designation, consultations to avoid the represent the baseline regulatory economic impacts, we have developed a destruction or adverse modification of environment, we seek public input on revised screening analysis critical habitat would be incorporated what range of compliance rates is better memorandum for the revised proposed into the existing consultation process. aligned with practice in the field and critical habitat (IEc 2019a, entire; IEc Therefore, disproportionate impacts to how noncompliance may influence the 2019b, entire). Our revised IEM, the any geographic area or sector would not potential costs and benefits of the screening analysis memorandum, and likely be a result of this critical habitat critical habitat rule. We additionally information described in this rule are designation. seek comment related to the assumption what we consider our revised draft In our revised IEM, we attempted to of full compliance with the critical economic analysis of the revised clarify the distinction between the habitat rule and how this assumption proposed critical habitat designation for effects that will result from the species may influence the potential costs and the western yellow-billed cuckoo. The being listed and those attributable to the benefits of the rule. supporting information for our revised critical habitat designation (i.e., For the 2014 proposed designation, economic analysis is available on http:// difference between the jeopardy and we developed an incremental effects www.regulations.gov (Docket No. FWS– adverse modification standards). memorandum (IEM) considering the R8–ES–2013–0011). Because the listing of the western probable incremental economic impacts Executive Orders 12866 and 13563 yellow-billed cuckoo is relatively that may result from the proposed direct Federal agencies to assess the recent, we do not have an extensive designation of critical habitat. We also costs and benefits of available regulatory consultation history for the species. As completed a review of the potential alternatives in quantitative (to the extent a result, it is difficult to discern which economic effects of the proposed feasible) and qualitative terms. conservation efforts are attributable to designation of critical habitat (Industrial Consistent with the E.O. regulatory the species being listed and those which Economics Incorporated (IEc) 2013a; IEc analysis requirements, our effects will result solely from the designation of 2013b). We have updated the IEM for analysis under the Act may take into critical habitat. However, the following this revised proposed designation by consideration impacts to both directly specific circumstances in this case help identifying those areas being considered and indirectly impacted entities, where to inform our evaluation: (1) The for critical habitat. The information practicable and reasonable. We assess to essential physical and biological contained in our updated IEM was used the extent practicable, the probable features identified for critical habitat are to develop a screening report for the impacts, if sufficient data are available, the same features essential for the life revised proposed designation of critical to both directly and indirectly impacted requisites of the species, and (2) any habitat for the western yellow-billed entities. As part of our screening report, actions that would result in harm or cuckoo (Service 2019, entire). We did we considered the types of economic harassment sufficient to constitute this in order to focus our analysis on the activities that are likely to occur within jeopardy to the western yellow-billed key factors that are likely to result in the areas likely affected by the critical cuckoo would also likely adversely incremental economic impacts. The habitat designation. In our evaluation of affect the critical habitat containing the purpose of the screening report is to the probable incremental economic physical or biological features essential filter out the geographic areas in which impacts that may result from the to the conservation of the species. The the critical habitat designation is proposed designation of critical habitat revised IEM outlines our rationale unlikely to result in incremental for the western yellow-billed cuckoo, concerning this limited distinction economic impacts. Our review of first we identified, in our revised IEM, between baseline conservation efforts potential economic effects considers probable incremental economic impacts and incremental impacts of the baseline impacts (i.e., impacts absent associated with the following categories designation of critical habitat for this critical habitat designation) and of activities: (1) Water management, species. This evaluation of the includes probable economic impacts including hydropower operations; (2) incremental effects has been used as the where land and water use may be restoration and conservation projects; basis to evaluate the probable subject to conservation plans, land (3) fire management; (4) transportation incremental economic impacts of this management plans, best management activities, including bridge construction; revised proposed designation of critical practices, or regulations that protect the (5) recreation activities; (6) livestock habitat.

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Except in limited instances, which the billed cuckoo includes 72 units in 7 2019. This is a total of 16 formal Service cannot predict at this time, western States: Arizona, California, consultations initiated for the western project modifications requested to avoid Colorado, Idaho, New Mexico, Texas, yellow-billed cuckoo since listing. Our adverse modification are likely to be the and Utah. A total of 493,665 ac (199,779 current economic analysis estimates no same as those needed to avoid jeopardy. ha) is proposed of which 145,710 ac more than 25 consultations per year Notwithstanding the low probability of (58,968 ha) are being considered for (formal and informal combined), with such limited instances occurring, when exclusions. Approximately 33 percent of the resulting incremental economic the Service completes a consultation for the proposed total acreage is Federal burden estimated to be less than the western yellow-billed cuckoo within land, 11 percent is State land, 14 $74,000 in a given year (IEc 2019a, critical habitat, that consultation will percent is owned by Tribal entities, and entire). This estimate calculated the evaluate whether that project would 42 percent is privately owned or owned administrative cost (staff time) the result in adverse modification. by local government entities. All revised Federal agency would need to expend The Service is not proposing to proposed critical habitat units are on their analysis of adverse designate areas outside of the considered to be occupied. The entities modification of critical habitat for each geographical area occupied by the most likely to incur incremental costs consultation. Therefore, we have species as critical habitat. All of the are parties to section 7 consultations, concluded that the future probable proposed units are occupied by the including Federal action agencies and, incremental economic impacts are not western yellow-billed cuckoo during in some cases, third parties, most likely to exceed $100 million in any their breeding season. For migratory frequently State agencies or single year, and disproportionate species like the western yellow-billed municipalities. Activities we expect impacts to any geographic area or sector cuckoo, when conducting section 7 would be subject to consultations that are not likely as a result of this critical consultations the Service treats the may involve private entities as third habitat designation. As we stated earlier, species as ‘‘present’’ in confirmed parties are residential and commercial we are soliciting data and comments breeding habitat regardless of where the development that may occur on Tribal from the public on the 2019 economic birds are in the annual cycle (Service or private lands. However, based on screening analysis, our 2019 IEM, as 1998, p. xvi). Therefore, the Service will coordination efforts with Tribal partners well as all economic aspects of the conduct an analysis under the jeopardy and State and local agencies, the cost to proposed rule. We seek comment on standard for projects that affect private entities within these sectors is whether the effects of this designation confirmed breeding habitat of the expected to be relatively minor are limited to the administrative costs species. Moreover, occupied breeding (administrative costs of less than $5,200 and, if not, what other costs our analysis habitat is considered by the Service to per formal consultation effort) and, should examine. We may revise the be occupied year-round for the therefore, would not be significant. proposed rule or supporting documents evaluation of project-related effects that The probable incremental economic to incorporate or address information degrade habitat quality. An evaluation we receive during the public comment of consultations for other riparian- impacts of the western yellow-billed cuckoo critical habitat designation are period. obligate listed migratory bird species As a result of information received, expected to be limited to additional that occupy some of the same areas (i.e., we may also exclude additional areas administrative effort, as well as minor southwestern willow flycatcher and from critical habitat if the Secretary costs of conservation efforts resulting least Bell’s vireo) informs the Service determines that the benefits of from a small number of future section 7 that project modifications intended to excluding the area outweigh the benefits consultations. This anticipated outcome address adverse project effects focus of including the area, provided the is due to the revised proposed critical primarily on various habitat restoration exclusion will not result in the habitat being considered occupied by and conservation mechanisms, whether extinction of this species. the adverse effects are upon members of the species, and incremental economic the listed species or its designated impacts of critical habitat designation, Required Determinations critical habitat. We anticipate that these other than administrative costs, are In developing this revised proposed mechanisms overlap because the unlikely. At approximately $5,200 or rule, we have reevaluated our previous impacts in either case will most likely less per formal consultation, in order to required determinations as outlined in be affecting the persistence, reach the threshold of $100 million of the sections below. development, and regeneration of incremental administrative impacts in a Regulatory Planning and Review habitat. The result is that the single year, critical habitat designation (Executive Orders 12866, 13563, and application of such measures is would have to result in more than 13771) anticipated to simultaneously remove 20,000 formal consultations in a single jeopardy and adverse modification year. In our 2014 review of the Executive Order (E.O.) 12866 provides outcomes. economic analysis, based on that the Office of Information and Based on our 2013 and 2019 review consultations for other listed species in Regulatory Affairs (OIRA) in the Office of potential economic impacts, only the areas occupied by the western of Management and Budget will review administrative costs were expected in yellow-billed cuckoo, we estimated that all significant rules. OIRA has the revised proposed critical habitat 100 formal consultations would be determined that this rule is a significant designation. While additional analysis initiated in the first year after listing and regulatory action pursuant to E.O. for critical habitat in a consultation will fewer would be initiated in subsequent 12866. require time and resources by both the years. The actual number of formal Executive Order 13563 reaffirms the Federal action agency and the Service, consultations for western yellow-billed principles of E.O. 12866 while calling it is believed that, in most cuckoo since listing in 2014 was four for for improvements in the nation’s circumstances, these costs would be the first year (Oct. 2014 to Oct. 2015), regulatory system to promote predominantly administrative in nature three for the second (Oct. 2015 to Oct. predictability, to reduce uncertainty, and would not be significant. 2016), four for the third (Oct. 2016 to and to use the best, most innovative, The revised proposed critical habitat Oct. 2017), four for the fourth (Oct. 2017 and least burdensome tools for designation for the western yellow- to Oct. 2018), and one through August achieving regulatory ends. The

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executive order directs agencies to annual sales ranging from less than activity that would result in destruction consider regulatory approaches that $750,000 to $27 million. To determine or adverse modification of the critical reduce burdens and maintain flexibility whether potential economic impacts to habitat in those areas would also and freedom of choice for the public these small entities are significant, we jeopardize the continued existence of where these approaches are relevant, considered the types of activities that the species, so the critical habitat feasible, and consistent with regulatory might trigger regulatory impacts under designation would not have an impact objectives. E.O. 13563 emphasizes this designation as well as types of on the need for, or outcome of, further that regulations must be based project modifications that may result. In consultation. In addition, approximately on the best available science and that general, the term ‘‘significant economic 16 percent of the area within the critical the rulemaking process must allow for impact’’ is meant to apply to a typical habitat designation is occupied by other public participation and an open small business firm’s business listed species and is already included exchange of ideas. We have developed operations. within the critical habitat designated for this rule in a manner consistent with The impacts of a rule must be both one or more of those species. these requirements. significant and substantial to prevent In summary, we have considered certification of the rule under the RFA whether the proposed designation Regulatory Flexibility Act (5 U.S.C. 601 and thus require the preparation of an would result in a significant economic et seq.) initial regulatory flexibility analysis. If a impact on a substantial number of small Under the Regulatory Flexibility Act substantial number of small entities are entities. For the above reasons and (RFA; 5 U.S.C. 601 et seq.), as amended affected by the proposed critical habitat based on currently available by the Small Business Regulatory designation, but the per-entity economic information, we certify that, if finalized, Enforcement Fairness Act (SBREFA) of impact is not significant, the Service the proposed critical habitat designation 1996 (5 U.S.C. 801 et seq.), whenever an may certify. Likewise, if the per-entity will not have a significant economic agency is required to publish a notice of economic impact is likely to be impact on a substantial number of small rulemaking for any proposed or final significant, but the number of affected business entities. Therefore, an initial rule, it must prepare and make available entities is not substantial, the Service regulatory flexibility analysis is not for public comment a regulatory may also certify. required. flexibility analysis that describes the Under the RFA, as amended, and as effects of the rule on small entities understood in the light of recent court Energy Supply, Distribution, or Use— (small businesses, small organizations, decisions, Federal agencies are required Executive Order 13211 and small government jurisdictions). to evaluate only the potential Executive Order 13211 (Actions However, no regulatory flexibility incremental impacts of rulemaking on Concerning Regulations That analysis is required if the head of the those entities directly regulated by the Significantly Affect Energy Supply, agency certifies the rule will not have a rulemaking itself; in other words, the Distribution, or Use) requires agencies significant economic impact on a RFA Act does not require agencies to to prepare Statements of Energy Effects substantial number of small entities. evaluate the potential impacts to when undertaking certain actions. We The SBREFA amended the RFA to indirectly regulated entities. The do not expect that the revised proposed require Federal agencies to provide a regulatory mechanism through which critical habitat designation for the certification statement of the factual critical habitat protections are realized western yellow-billed cuckoo would basis for certifying that the rule will not is section 7 of the Act, which requires significantly affect energy supplies, have a significant economic impact on Federal agencies, in consultation with distribution, or use, as the areas a substantial number of small entities. the Service, to ensure that any action identified as revised proposed critical According to the Small Business authorized, funded, or carried out by the habitat are along riparian corridors in Administration, small entities include agency is not likely to destroy or mostly remote areas with little energy small organizations such as adversely modify critical habitat. supplies, distribution, or infrastructure independent nonprofit organizations; Therefore, under section 7, only Federal in place. Therefore, this action is not a small governmental jurisdictions, action agencies are directly subject to significant energy action, and no including school boards and city and the specific regulatory requirement Statement of Energy Effects is required. town governments that serve fewer than (avoiding destruction and adverse However, we will further evaluate this 50,000 residents; and small businesses modification) imposed by critical issue as we receive public comment, (13 CFR 121.201). Small businesses habitat designation. Consequently, it is and will review and revise this include, but are not limited to, our position that only Federal action assessment as needed. businesses with fewer than a given agencies would be directly regulated if number of employees (depending on the we adopt the proposed critical habitat Unfunded Mandates Reform Act (2 particular subsector), such as designation. Moreover, Federal agencies U.S.C. 1501 et seq.) manufacturing and mining concerns are not small entities. Therefore, In accordance with the Unfunded ranging from fewer than 500 to fewer because no small entities would be Mandates Reform Act (2 U.S.C. 1501 et than 1,500 employees, or wholesale directly regulated by this rulemaking, seq.), we propose to make the following trade entities ranging from fewer than the Service certifies that, if findings: 100 to fewer than 250 employees; or promulgated, the revised proposed (1) This rule would not produce a businesses that have less than a given critical habitat designation will not have Federal mandate. In general, a Federal amount of annual sales or business a significant economic impact on a mandate is a provision in legislation, (depending on the particular subsector), substantial number of small entities. statute, or regulation that would impose such as retail and service businesses Moreover, even if this rulemaking an enforceable duty upon State, local, or ranging from less than $7.5 million to were to result in indirect impacts on Tribal governments, or the private less than $38.5 million in annual sales, small entities, we expect that those sector, and includes both ‘‘Federal construction businesses ranging from impacts would be negligible. First, all of intergovernmental mandates’’ and less than $15 million to $36.5 million in the areas we are proposing to designate ‘‘Federal private sector mandates.’’ annual business, and agricultural, as critical habitat are occupied; as a These terms are defined in 2 U.S.C. fishing, and hunting businesses with result, we generally expect that any 658(5)–(7). ‘‘Federal intergovernmental

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mandate’’ includes a regulation that under the Unfunded Mandates Reform restrictions to those currently in place ‘‘would impose an enforceable duty Act. The designation of critical habitat and, therefore, may have little upon State, local, or Tribal imposes no obligations on State or local incremental impact on State and local governments’’ with two exceptions. It governments. Therefore, a Small governments and their activities. The excludes ‘‘a condition of Federal Government Agency Plan is not designation may have some benefit to assistance.’’ It also excludes ‘‘a duty required. However, we will further these governments because the areas arising from participation in a voluntary evaluate this issue as we conduct our that contain the physical or biological Federal program,’’ unless the regulation economic analysis and revise this features essential to the conservation of ‘‘relates to a then-existing Federal assessment if appropriate. the species are more clearly defined, program under which $500,000,000 or Takings—Executive Order 12630 and the elements of the features of the more is provided annually to State, habitat necessary to the conservation of local, and Tribal governments under In accordance with E.O. 12630 the species are specifically identified. entitlement authority,’’ if the provision (Government Actions and Interference This information does not alter where would ‘‘increase the stringency of with Constitutionally Protected Private and what federally sponsored activities conditions of assistance’’ or ‘‘place caps Property Rights), we have analyzed the may occur. However, it may assist local potential takings implications of upon, or otherwise decrease, the Federal governments in long-range planning designating critical habitat for the Government’s responsibility to provide (rather than having them wait for case- western yellow-billed cuckoo in a funding,’’ and the State, local, or Tribal by-case section 7 consultations or takings implications assessment. The governments ‘‘lack authority’’ to adjust section 10 activities to occur). accordingly. At the time of enactment, Act does not authorize the Service to these entitlement programs were: regulate private actions on private lands Where State and local governments Medicaid; Aid to Families with or confiscate private property as a result require approval or authorization from a Dependent Children work programs; of critical habitat designation. Federal agency for actions that may Child Nutrition; Food Stamps; Social Designation of critical habitat does not affect critical habitat, consultation Services Block Grants; Vocational affect land ownership, or establish any under section 7(a)(2) would be required. Rehabilitation State Grants; Foster Care, closures or restrictions on use of or While non-Federal entities that receive Adoption Assistance, and Independent access to the designated areas. Federal funding, assistance, or permits, Living; Family Support Welfare Furthermore, the designation of critical or that otherwise require approval or Services; and Child Support habitat does not affect landowner authorization from a Federal agency for Enforcement. ‘‘Federal private sector actions that do not require Federal an action, may be indirectly impacted mandate’’ includes a regulation that funding or permits, nor does it preclude by the designation of critical habitat, the ‘‘would impose an enforceable duty development of habitat conservation legally binding duty to avoid upon the private sector, except (i) a programs or issuance of incidental take destruction or adverse modification of condition of Federal assistance or (ii) a permits to permit actions that do require critical habitat rests squarely on the duty arising from participation in a Federal funding or permits to go Federal agency. voluntary Federal program.’’ forward. However, Federal agencies are The designation of critical habitat prohibited from carrying out, funding, Civil Justice Reform—Executive Order does not impose a legally binding duty or authorizing actions that would 12988 on non-Federal Government entities or destroy or adversely modify critical In accordance with Executive Order habitat. A takings implications private parties. Under the Act, the only 12988 (Civil Justice Reform), the Office assessment has been completed for the regulatory effect is that Federal agencies of the Solicitor has concluded that the species and concludes that, if adopted, must ensure that their actions do not rule does not unduly burden the judicial this designation of critical habitat for destroy or adversely modify critical system and that it meets the western yellow-billed cuckoo does not habitat under section 7. While non- requirements of sections 3(a) and 3(b)(2) pose significant takings implications for Federal entities that receive Federal of the Order. We have proposed lands within or affected by the funding, assistance, or permits, or that designating critical habitat in designation. otherwise require approval or accordance with the provisions of the authorization from a Federal agency for Federalism—Executive Order 13132 Act. This proposed rule uses standard an action, may be indirectly impacted In accordance with Executive Order property descriptions and identifies the by the designation of critical habitat, the elements of physical and biological legally binding duty to avoid 13132 (Federalism), this proposed rule features essential to the conservation of destruction or adverse modification of does not have significant Federalism the western yellow-billed cuckoo within critical habitat rests squarely on the effects. A Federalism summary impact the proposed designated areas to assist Federal agency. Furthermore, to the statement is not required. In keeping the public in understanding the habitat extent that non-Federal entities are with Department of the Interior and needs of the species. indirectly impacted because they Department of Commerce policy, we receive Federal assistance or participate requested information from, and Paperwork Reduction Act of 1995 (44 in a voluntary Federal aid program, the coordinated development of, this U.S.C. 3501 et seq.) Unfunded Mandates Reform Act would revised proposed critical habitat not apply, nor would critical habitat designation with appropriate State This rule does not contain any new shift the costs of the large entitlement resource agencies throughout the DPS collections of information that require programs listed above onto State area (Arizona, California, Colorado, approval by the Office of Management governments. Idaho, Nevada, New Mexico, Montana, and Budget (OMB) under the Paperwork (2) We do not believe that this rule Oregon, Texas, Utah, Washington, and Reduction Act of 1995 (45 U.S.C. 3501 would significantly or uniquely affect Wyoming). Because the species is listed et seq.). We may not conduct or sponsor small governments because it will not under the Act, the designation of critical and you are not required to respond to produce a Federal mandate of $100 habitat in areas currently occupied by a collection of information unless it million or greater in any year, that is, it the western yellow-billed cuckoo may displays a currently-valid OMB control is not a ‘‘significant regulatory action’’ impose nominal additional regulatory number.

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National Environmental Policy Act (42 Government-to-Government recordkeeping requirements, U.S.C. 4321 et seq.) Relationship With Tribes Transportation. It is our position that, outside the In accordance with the President’s Proposed Regulation Promulgation jurisdiction of the U.S. Court of Appeals memorandum of April 29, 1994 Accordingly, we propose to further for the Tenth Circuit, we do not need to (Government-to-Government Relations amend part 17, subchapter B of chapter prepare environmental analyses with Native American Tribal I, title 50 of the Code of Federal pursuant to the National Environmental Governments; 59 FR 22951), Executive Regulations, as proposed to be amended Policy Act (NEPA; 42 U.S.C. 4321 et Order 13175 (Consultation and on August 15, 2014, at 79 FR 48548, as seq.) in connection with designating Coordination With Indian Tribal set forth below: critical habitat under the Act. We Governments), and the Department of published a notice outlining our reasons the Interior’s manual at 512 DM 2, we PART 17—ENDANGERED AND for this determination in the Federal readily acknowledge our responsibility THREATENED WILDLIFE AND PLANTS Register on October 25, 1983 (48 FR to communicate meaningfully with ■ 49244). This position was upheld by the recognized Federal Tribes on a 1. The authority citation for part 17 U.S. Court of Appeals for the Ninth government-to-government basis. In continues to read as follows: Circuit (Douglas County v. Babbitt, 48 accordance with Secretarial Order 3206 Authority: 16 U.S.C. 1361–1407; 1531– F.3d 1495 (9th Cir. 1995)). However, of June 5, 1997 (American Indian Tribal 1544; and 4201–4245, unless otherwise when the designation of critical habitat Rights, Federal-Tribal Trust noted. Responsibilities, and the Endangered ■ includes States within the Tenth Circuit 2. Amend § 17.95(b) in the entry for Species Act), we readily acknowledge (for this proposal it applies to areas ‘‘Yellow-billed Cuckoo (Coccyzus our responsibilities to work directly within Colorado, New Mexico, and americanus), Western DPS’’ by: with tribes in developing programs for ■ Utah), such as that of western yellow- a. Revising paragraphs (1) through healthy ecosystems, to acknowledge that billed cuckoo, under the Tenth Circuit (76); and Tribal lands are not subject to the same ■ b. Removing paragraphs (77) through ruling in Catron County Board of controls as Federal public lands, to (88). Commissioners v. U.S. Fish and Wildlife remain sensitive to Indian culture, and The revisions read as follows: Service, 75 F.3d 1429 (10th Cir. 1996), to make information available to Tribes. we undertake a NEPA analysis. We § 17.95 Critical habitat—fish and wildlife. The following tribes are identified in the invite the public to comment on the proposed designation: Fort Mojave * * * * * extent to which this proposed regulation Indian Tribe; Colorado River Indian (b) Birds. may have a significant impact on the Reservation; Fort Yuma Indian * * * * * human environment, or fall within one Reservation; Cocopah Tribe; Yavapai- of the categorical exclusions for actions Yellow-billed Cuckoo (Coccyzus Apache Nation; Hualapai Indian Tribe; that have no individual or cumulative Americanus), Western DPS San Carlos Reservation; Navajo Nation; effect on the quality of the human Santa Clara, Ohkay Owingeh, and San (1) Critical habitat units are depicted environment. We will complete our Ildefonso Pueblos; Cochiti, Santo for Arizona, California, Colorado, Idaho, analysis, in compliance with NEPA, Domingo, San Felipe, Sandia, Santa Ana New Mexico, Texas, and Utah, on the before issuing a final rule. and Isleta Pueblos; Shoshone-Bannock, maps below. Clarity of the Rule Fort Hall Reservation; the Cachil DeHe (2) Within these areas, the specific Band of Wintun Indians; the Ute Tribe, physical or biological features essential We are required by Executive Orders and Uinta, and Ouray Reservations. We to the conservation of western yellow- 12866 and 12988 and by the have been and will continue to work billed cuckoo consist of three Presidential Memorandum of June 1, with the tribes identified above components: 1998, to write all rules in plain throughout the process of designating (i) Riparian woodlands (including language. This means that each rule we critical habitat for the western yellow- mesquite bosques, desert scrub and publish must: billed cuckoo. desert grassland drainages with a tree (1) Be logically organized; component, and Madrean evergreen References Cited woodland drainages (in the Southwest)). (2) Use the active voice to address A complete list of references cited in This physical or biological feature readers directly; this rulemaking is available on the includes rangewide breeding habitat (3) Use clear language rather than internet at http://www.regulations.gov found throughout the DPS range as well jargon; in Docket No. FWS–R8–ES–2013–0011 as additional breeding habitat (4) Be divided into short sections and and upon request from the Sacramento characteristics unique to the Southwest: sentences; and Fish and Wildlife Office (see FOR (A) Rangewide breeding habitat FURTHER INFORMATION CONTACT). (including areas in the Southwest). (5) Use lists and tables wherever Rangewide breeding habitat is possible. Authors composed of woodlands within If you feel that we have not met these The primary authors of this proposal floodplains or in upland areas or requirements, send us comments by one are Service staff members of the Upper terraces often greater than 325 ft (100 m) of the methods listed in ADDRESSES. To Colorado Basin (Interior Region 7), the in width and 200 ac (81 ha) or more in better help us revise the rule, your Lower Colorado Basin (Interior Region extent with an overstory and understory comments should be as specific as 8), the Columbia-Pacific Northwest vegetation component in contiguous or possible. For example, you should tell (Interior Region 9), and the California nearly contiguous patches adjacent to us the numbers of the sections or Great Basin (Interior Region 10). intermittent or perennial watercourses. paragraphs that are unclearly written, The slope of the watercourses are which sections or sentences are too List of Subjects in 50 CFR Part 17 generally less than 3 percent but may be long, the sections where you feel lists or Endangered and threatened species, greater in some instances. Nesting sites tables would be useful, etc. Exports, Imports, Reporting and within the habitat have an above-

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average canopy closure (greater than 70 (ii) Adequate prey base. This physical events) provide suitable conditions for percent) and have a cooler, more humid or biological feature includes the prey-species production and vegetation environment than the surrounding presence of prey base consisting of large regeneration and growth. Elevated riparian and upland habitats. insect fauna (for example, cicadas, humidity is especially important in (B) Southwestern breeding habitat. caterpillars, katydids, grasshoppers, southeastern Arizona, where cuckoos Southwestern breeding habitat is crickets, large beetles, dragonflies, moth breed in intermittent and ephemeral composed of more arid riparian larvae, spiders), small lizards, or frogs drainages. woodlands, which includes: Mesquite for adults and young in breeding areas (3) Critical habitat does not include bosques, desert scrub and desert during the nesting season and in post- manmade structures (such as buildings, grasslands drainages with a tree breeding dispersal areas. aqueducts, runways, roads, bridges, and component, and Madrean evergreen (iii) Hydrologic processes, in natural other paved or hardened areas as a woodlands (oak and other tree species), or altered systems, that provide for result of development) and the land on in perennial, intermittent, and maintaining and regenerating breeding which they are located existing within ephemeral drainages. These drainages habitat. This physical or biological the legal boundaries of the critical bisect other habitat types, including feature includes hydrologic processes habitat units designated for the species Madrean evergreen woodland, native found in rangewide breeding habitat as on the effective date of this rule. Due to and nonnative desert grassland, and well as additional hydrologic processes the scale on which the critical habitat desert scrub. More than one habitat type unique to the Southwest in boundaries are developed, some areas within and adjacent to the drainage may southwestern breeding habitat: within these legal boundaries may not contribute toward nesting habitat. (A) Rangewide breeding habitat contain the physical or biological Southwestern breeding habitat is more hydrologic processes (including the features and therefore are not water-limited, contains a greater Southwest). Hydrologic processes considered critical habitat. proportion of xeroriparian and (either natural or managed) in river and (4) Critical habitat map units. Data nonriparian plant species, and is often reservoir systems that encourage layers defining map units were created narrower, more open, patchier, or sediment movement and deposits and on a base of the Natural Resources sparser than elsewhere in the DPS and promote riparian tree seedling Conservation Service National may persist only as narrow bands or germination and plant growth, Agriculture Imagery Program (NAIP scattered patches along the bankline or maintenance, health, and vigor (e.g., 2011), and critical habitat was then as small in-channel islands. The habitat lower gradient streams and broad mapped using North American Datum contains a tree or large-shrub floodplains, elevated subsurface (NAD) 83, Universal Transverse component with a variable overstory groundwater table, and perennial rivers Mercator Zone 10N coordinates. The canopy and understory component that and streams). In some areas where maps in this entry, as modified by any is sometimes less than 200 ac (81 ha). habitat is being restored, such as on accompanying regulatory text, establish Riparian trees (including xeroriparian) terraced slopes above the floodplain, the boundaries of the critical habitat in these ecosystems may even be more this may include managed irrigated designation. The coordinates or plot sparsely distributed and less prevalent systems that may not naturally flood points or both on which each map is than nonriparian trees. Adjacent habitat due to their elevation above the based are available to the public at the may include managed (mowed) floodplain. Service’s Sacramento Fish and Wildlife nonnative vegetation or terraces of (B) Southwestern breeding habitat Office’s internet site at http:// mesquite or other drought-tolerant hydrologic processes. In Southwestern www.fws.gov/sacramento, or on http:// species within the floodplain. In narrow breeding habitat, elevated summer www.regulations.gov at Docket No. or arid ephemeral drainages, breeding humidity and runoff resulting from FWS–R8–ES–2013–0011. You may habitat commonly contains a mix of seasonal water-management practices or obtain field office location information nonriparian vegetation found in the base weather patterns and precipitation by contacting one of the Service regional habitat as well as riparian (including (typically from North American offices, the addresses of which are listed xeroriparian) trees. Monsoon or other tropical weather at 50 CFR 2.2.

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(5) Unit 1: CA/AZ–1, Colorado River Yuma and La Paz Counties, Arizona. 1; Imperial, Riverside, and San Map of Unit 1 follows: Bernardino Counties, California, and BILLING CODE 4333–15–P

Yellow Billed Cuckoo Critical Habitat Unit 1: CA-AZ 1 Colorado River 1 san Bernardino, Riverside, and Imperial Counties, California La Paz and Yuma Counties, Arizona

SAN BERNARDINO CO ____ , ------LA PAZ CO

RIVERSIDE CO

CALIFORNIA

tMPERIALCO YUMA CO

--=------MEXICO 0

-·-··· River -- Major Road

~ __ ~ County Boundary

~ Critical Habitat

0---====-----Miles 10 20 40 0 10 20 40 --=:::::i--•Kilometers locational Index

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(6) Unit 2: CA/AZ–2, Colorado River and Mohave County, Arizona. Map of 2; San Bernardino County, California, Unit 2 follows:

Yellow Billed Cuckoo Critical Habitat Unit 2: CA-AZ 2 Colorado River 2 San Bernardino County, California; Mohave County, Arizona

CALIFORNIA ARIZONA

SAN BERNARDINO CO

-·· ·-···· River

-- Major Road

~::] County Boundary

E2Z] Critical Habitat

0 2 4 8 ---===:::::. ____ MIies

Locational Index

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(7) Unit 3: AZ–1, Bill Williams River; Mojave and La Paz Counties, Arizona. Map of Unit 3 follows:

Yellow Biled Cuckoo Critical Habitat Unit 3: AZ-1 Bill WIiiiams River La Paz and Mohave Counties, Arizona

\ ··1 ··1 l.., LA PAZ CO

-···-··· ~ers/Slreams --Road/Highway !: : ]County Boundaiy IZ22J Crlical Habitat

0 2 4 0---c:=====------Mlles 2 4 Ktometers Locational tndex

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(8) Unit 4: AZ–2, Alamo Lake, Mohave and La Paz Counties, Arizona. Map of Unit 4 follows:

Yellow BiUed Cuckoo Crilcal Habitat Unit 4: AZ-2 Alamo Lake La Paz and Mohave Counties, Arizona

,, ,-,·· / _,/ /r·•

~ ·-. __ (J-."'\.. ""'\ \ ..,

···1_..-... ""-··-t.., ..•'·-.. !..,. \..., ,.. .. l.APAZCO ( .. ) \ ,)'' \ ( J''--. \

-----··· RillerslStreams f:: j Colllty BoundBI)' ~ Clilical Habitat

ll ll.5 2

0---==::::i----•Mffes 0.5 1 2 •-==---Kilometers locational Index

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(9) Unit 5: AZ–3, Hassayampa River; Yavapai and Maricopa Counties, Arizona. Map of Unit 5 follows:

Yellow BiUed Cuckoo Critical Habitat Unit 5: AZ-3 Hassayampa River Maricopa County, Arizona '··

MARICOPA CO.,,..------... . .r·-·~··r- ···-·~ ..... ··

-···---- Rio/ erslSlreams

--Road/Highway

~ __ ~ County Soun.dB!Y ~ Crtical Habitat

2 -4 r.rnes 0 2 4 --===---■ Klometers localiooal Index

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(10) Unit 6: AZ–4, Agua Fria River; Yavapai County, Arizona. Map of Unit 6 follows:

Yellow SIied Cuckoo Critical Habitat Unit 6: AZ-4 Agua Fria River Yavapai County, Arizona

-··-··· mt ers/Slreams --Road/Highway ~ Crtical Habilat

-0 2 4

0--====----MIies 1 2 4 ■--===---Klometers locational Index

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(11) Unit 7: AZ–5, Upper Verde River; Yavapai County, Arizona. Map of Unit 7 follows:

Yellow BiHed Cuckoo Critical Habitat Unit 7: AZ-5 Upper Verde River Yavapai County, Arizona

COCONINO CO

Chino Valley

YAVAPAI CO

-·.. -··· Rt.lersJSlreams --Road/Highway

~ • _ ~ County Bounda!y E2ZJ C!tical Habitat

0 2.5 5 10

0 25 5 10 --c::==-----Miles locational Index ■--==--■ Kilometers

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(12) Unit 8: AZ–6, Oak Creek; Yavapai and Coconino Counties, Arizona. Map of Unit 8 follows:

Yellow BiHed Cuckoo Critical Habitat Unit 8: AZ-6 0ak Creek Yavapai and Coconino Counties, Arizona

_,., ____ Riv ers/Slreams

--RoadJHigllway C_-: .i Colllty Boondary ~ C!ilical Habitat - other C!'lllcal Habilal Units

0 2 4 8 Mffes ational Index 0 2 4 8 Kllomete,s

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(13) Unit 9: AZ–7, Beaver Creek; Yavapai County, Arizona. Map of Unit 9 follows:

Yellow Siled Cuckoo Critical Habitat Unit 9: AZ-7 Beaver Creek Yavapai County, Arizona

---··· Rilf ers/Slreams --Road/Highway EZ::21 Cl'ilielil Habllal - otherOrllica!HabilatUllits

0 2 4 --==----MIies 0 1 2 4 Locational Index ■--==--•Kiloml!ters

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(14) Unit 10: AZ–8, Lower Verde County, Arizona. Map of Unit 10 River and West Clear Creek; Yavapai follows:

Yellow Biled Cuckoo Critical Habitat Unit 10: AZ-8 Lower Verde River, West Clear Creek Yavapai County, Arizona

YAVAPAI CO

--·---- RilerslS!reams

--Road/Highway E2Z:J C!ilical Habilat O!:llerCrilicalHalllfatUnlls

0 2 4 0---====------Miles--====----Kllomelers 2 4

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(15) Unit 11: AZ–9A and AZ–9B, Yavapai Counties, Arizona. Maps of (i) Map of Unit 11: AZ–9A, Horseshoe Horseshoe Dam; Gila, Maricopa, and Unit 11 follow: Dam.

Yellow Billed Cuckoo Critical Habitat Unit 11: AZ-9A Horseshoe Dam Gila and Yavapai Counties, Arizona

r /

-·--··· ffilers/S!reams

~:: ~ County Boundaiy iZ:21 Clitical Hallital

0 1.5 3 6 Miles 0 1.5 3 6 ■--==---l

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(ii) Map of Unit 11: AZ–9B, Horseshoe Dam.

Yellow Billed Cuckoo Critical Habitat Unit 11: AZ-9B Horseshoe Dam Maricopa County, Arizona

/ / / i . ✓ ··----...... _..,.r-·.,...·:·/,,1~ / '._.,_,....r· J---✓------··-_7·" ,... _...,. .. -·· ./

!

---··· RNers/Streams

--Major Road ~-_-:] County Boundary l22ZI Clilical Habitat

0 0.5 1 2 Miles 0 0.5 1 2 ■--==---Kilometers Locational Index

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(16) Unit 12: AZ–10, Tonto Creek; Gila County, Arizona. Map of Unit 12 follows:

Yellow BiUed Cuckoo Critical Habitat Unit 12: AZ-10 Tonto Creek Gila County, Arizona

_,. ____ Rilers/Slreams IZ::2J Critical Habitat

0 2 4 Miles 0 2 4 Klometers Locational Index

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(17) Unit 13: AZ–11, Pinal Creek; Gila County, Arizona. Map of Unit 13 follows:

Yellow Biled Cuckoo Critical Habitat Unit 13: AZ-11 Pinal Creek Gila County, Arizona

GILA CO

-···-··· RillerslSlreams IZ2J Qillcal Habitat

0 0.25 0.5

0 0.25 0.5 1 ---==----Klometers locational Index

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(18) Unit 14: AZ–12, Bonita Creek; Graham County, Arizona. Map of Unit 14 follows:

Yellow Billed Cuckoo Critical Habitat Unit 14: AZ-12 Bonita Creek Graham County, Arizona )

;···✓·--··1 ...: . __ ,.,.·--·~-·-., ... /·~./"· ....,-:

-···-··· Rivers/Streams E22] Clitical Habitat

0 0.5 2 l'lfiles 0 0.5 1 2 - l(llometers Locational Index

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(19) Unit 15: AZ–13, San Francisco River; Greenlee County, Arizona. Map of Unit 15 follows:

Yellow Billed Cuckoo Critical Habitat Unit 15: AZ-13 San Francisco River Greenlee County, Arizona i

=...... "' /""•---.,.__ \.. ____ _ '·~,. --~

---·-··· Rt.

0 0.5 2 Miles 0 0.5 1 2 - Kilometers locational Index

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(20) Unit 16: AZ–14, Upper San Pedro River; Cochise County, Arizona. Map of Unit 16 follows:

Yellow Billed Cuckoo Critical Habitat Unit 16: AZ-14 Upper san Pedro River Cochise County, Arizona

COCHISE CO

MEXICO

0 5 10 20 --==::J---•Miles 0 5 10 20 ■--=::::11--Kilometers

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(21) Unit 17: AZ–15, Lower San Pedro Gila Counties, Arizona. Map of Unit 17 River and Gila River; Pima, Pinal, and follows:

reUc>w8illedCQCkoo·Cri1icm Habitat u11tt 1i:AZ-1sibwer-s.tnPeifrt>~mt••~raR1v.rs

Pinal·...... : .. I:· Pima·andGilaCountin---- . . ... , ... ·:...... :·-. ·· ..... ·... , .....Anmna · .. ·...... ,·

GllACO

__.:~,~, ~eisiStreall'iik --~il!R!~ll-Y t: : Jcbwily sliiinililrit' 122ZJ cttticatHaitltat Bl riiieiCtftic:aiHabttat:Ulifts.

0 Ji 1_0_ ·2fl •lllit::::=11111111-•· Ki.oltiiilers

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(22) Unit 18: AZ–16, Sonoita Creek; Santa Cruz County, Arizona. Map of Unit 18 follows:

Yellow BiDed Cuckoo Critical Habitat Unit 18: AZ-16 Sonoita Creek Santa Cruz County, Arizona

.. ..J ....- ...... ,_.i

-···-··· Ril era/Slreams -- RoadfH!ghway E2Z:J Criical Hallilal

0---======------Miles 2 4 0 2 4 Kiometers LDcaliooal Index

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(23) Unit 19: AZ–17, Upper Cienega Creek; Pima County, Arizona. Map of Unit 19 follows:

Yellow Billed Cuckoo Critical Habitat Unit 19: AZ-17 Upper Cienega Creek Pima County, Arizona \,

.. \.,'\~, -•.""·· ·...... ·,.,...... \ ,.. ,. ···-v.•, PIMA CO~.\ ...... '-, '--;.__,. '\., ··-··· ...... L.... vMr·-...., -...... , ...... ::~-\ r'.r,.,_.. ,_.. "r-.....,_11,,•-• ....., ... ,.,..,,,.···

...... , ___.- ...... , ...:.~------......

···,----~ ... ,.~··•,-.--·-·,,,. .. ·,,.- ✓---".,, .. · ---,._,.---<·.:::::::::··.~-.. --·

,_!_✓·, ...... ______.,...... ______... ""------~---:~~

- .. ·-··· Rivers/Streams

-- RoadfHigllWay

~ __ .! Coooty Boundary ~ Cflllcal Habitat - Olher Cfilical Habitat Units

0 2 4 Miles l..ocalional Index 0••==-••-Kilometers 2 4

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(24) Unit 20: AZ–18, Santa Cruz River; Santa Cruz County, Arizona. Map of Unit 20 follows:

Yellow Billed Cuckoo Critical Habitat Unit 20: AZ-18 Santa Cruz River Santa Cruz County, Arizona

.,,.;'

- ✓_./• ., ,,--···. } / ;

-----~;2:~( .. _..(: .. .,______-·----.

I' ,.,.-'_,~. .r•-.,1· {

MEXICO 0

--·-··· RiverstSlreams -- RoadfHighway □ Nationa!Boundaiy E22] Critical Habitat

- Olher Clitica!Habilat Units

0 2 4 8 Miles 0 2 4 8 Klomelers Locational Index

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(25) Unit 21: AZ–19, Black Draw; Cochise County, Arizona. Map of Unit 21 follows:

Yellow Billed Cuckoo Critical Habitat Unit 21: AZ-19 Black Draw Cochise County, Arizona

\ \.\\

\, ..., '·,

,,\'\, ARIZONA '···--.

-···-··· Rivers/Streams CJ National Boundary

~ Clillcal Habitat

0 0.2> 0.5 1 Miles 0 0.2> 0.5 1 ■--=--•Klometers locational Index

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(26) Unit 22: AZ–20, Gila River 1; Graham County, Arizona. Map of Unit 22 follows:

Yellow Billed Cuckoo Critical Habitat Unit 22: AZ-20 Gila River 1 Graham County, Arizona GILA CO .,;------....,,..,, .....,...,,,,,,. r ..~

GRAHAM CO

------RiveraJStreams -- Road/Highway C_- _-:: County Boundary ~ Critical Habitat - other Critical Habitat Units 0---===::::1----•.Mlles 5 10 20 o--==---Klometers 5 10 a, lDcalional Index

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(27) Unit 23: AZ–21, Salt River; Gila County, Arizona. Map of Unit 23 follows:

Yellow Billed Cuckoo Critical Habitat Unit 23: AZ-21 Salt River Gila County, Arizona

0

--·---- Rivers/streams --Htgllwa.y IZ:;2J Cli!ica!Habl1at

0 0.5 2 Miles 0 0.5 1 2 Kllomelers Locational Index

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(28) Unit 24: AZ–22, Lower Cienega Creek; Pima County, Arizona. Map of Unit 24 follows:

Yellow Biled Cuckoo Critical Habitat Unit 24: AZ-22 Lower Cienega Creek Pima County, Arizona

_.,.,,.··· .---·- I / ) / /'... , ... / .. _j ,.,✓-·

--·---- Rivers/streams

-- Major Road ~ Critk:al Habitat

0 2 4 Miles 0 2 4 Klometers I.Dcalional Index

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(29) Unit 25: AZ–23, Blue River; Greenlee County, Arizona. Map of Unit 25 follows:

Yellow Biled Cuckoo Critical Habitat Unit 25: AZ-23 Blue River Greenlee County, Arizona

-···-··· Rivers/Streams 1222) Critical Habitat

0 2 4 Miles 0 2 4 l(iollll!ters 1.ocalional Index

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(30) Unit 26: AZ–24, Pinto Creek South; Gila and Pinal Counties, Arizona. Map of Unit 26 follows:

Yellow Billed Cuckoo Critical Habitat Unit 26: AZ-24 Pinto Creek South Gila and Pinal Counties, Arizona

PINAL CO 0

--·-··· Rivers/streams

~ __ ~ County Boundary ~ Critical Habitat

0 0.5 2 Miles 0 0.5 2 Klometers t.ocalianal l.ndex

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(31) Unit 27: AZ–25, Aravaipa Creek; Pinal and Graham Counties, Arizona. Map of Unit 27 follows:

Yellow Biled Cuckoo Critical Habitat Unit 27: AZ-25 Aravaipa Creek Pinal and Graham Counties, Arizona

-- Highway -···-··· Rivers/streams

~ __ ~ County Boundary l2Z:] CTiticat H abilat Bl Olher Clffical Habitat llnits

0 2 4 8 Milas. Locational Index 0 2 4 8 Kilometers

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(32) Unit 28: AZ–26, Gila River 2; Graham and Greenlee Counties, Arizona. Map of Unit 28 follows:

Yellow BiUed Cuckoo Critical Habitat Unit 28: AZ-26 Gila River 2 Greenlee and Graham Counties, Arizona

,r,r-,'-· ~I

~--f GREENLEE CO ( -~ GRANT co

------

GRAHAMCO

_,, _____ Rivet"slstreams

-- RoadfHighway

~ __ ~ County Boundary D stale Boundal}' E:223 CriticalHabi'tat - OlherCliticalHabital Units

0 5 10 20 Locational Index 0 5 10 20 ---===-----Miles--====---■ Kilometers

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(33) Unit 29: AZ–27, Pinto Creek North; Gila County, Arizona. Map of Unit 29 follows:

Yellow Billed Cuckoo Critical Habitat Unit 29: AZ-27 Pinto Creek North Gila County.Arizona /

···----.. .,,.,____ GILA CO \ \.. .ri (\ \ \ __ _ ···------...,\

,·-·, ,,.,··· ___ .,, ,. .,,. ... ____ •. ,..., ... r···

--·----- Rivers/Streams C: _-_·: County Boundary ~ Critical Habitat

0---====-----•Miles 0.5 1 2 0-•==----Kiometers 0.5 1 2 Locational Index

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(34) Unit 30: AZ–28, Mineral Creek; Pinal and Gila Counties, Arizona. Map of Unit 30 follows:

Yellow Billed Cuckoo ·Critical Habitat Unit 30: AZ-28 Mineral Creek Pinal and Gita Counties, Arizona ..I•' \r' __ /_,, ..-,,,.-' 1. . . I VJ I : I i I ( 't \ I i I I J ,-' I I ' I

r-·· i j , / ,-~-·' , ... , .. - .. .1··,,,.··· ---~--~,,.,~---·--···-~.

---·---- Rilers/Streams : ~ ~ ~: Comly Boimdaf)' EZ:21 Clitical Habitat

0 0.5 2 Mlles 0 0.5 1 2 --===----Kllometers locational Index

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(35) Unit 31: AZ–29, Big Sandy River; Mohave County, Arizona. Map of Unit 31 follows:

Yellow Billed Cuckoo Critical Habitat Unit 31: AZ-29 Big Sandy River Mohave County, Arizona

--Road/Highway ------Riiers/Stream ~ _-: j Colllty Boundary 12221 Qilicat Habitat Bl Olher Critical Habitat Units

0 s 10 211 Mfles locational Index 0 s 10 20 Ktometers

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(36) Unit 32: NM–1, San Francisco River; Catron County, New Mexico. Map of Unit 32 follows:

Yellow BIUed Cuckoo Critical Habitat Unit 32: NM-1 San Francisco River Catron County, New Mexico

--Highway -·--··· Rilfers/Straams

~::] County Boundaly E'::Z:J C!iical Habitat.

0 2 4 8 Mffes 0 2 4 8 Kilometers locational Index

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(37) Unit 33: NM–2, Gila River; Grant County, New Mexico. Map of Unit 33 follows:

Yellow Billed Cuckoo Critical Habitat Unit 33: NM-2 Gila River Grant County, New Mexico

---··· RNers/Slreams -- Road/Highway E2ZZJ Criicat Habitat.

0 2 4 8 Miles 0 2 4 8 Kilometers 1.JX:ational Index

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(38) Unit 34: NM–3A and NM–3B, (i) Map of Unit 34: NM–3A, Mimbres Mimbres River; Grant County, New River. Mexico. Maps of Unit 34 follow:

Yellow Billed Cuckoo Critical Habitat Unit 34: NM-3A Mimbres River Grant County, New Mexico

GRANT CO

UNIT34

--Highway ------Rilers/Slreams

~ Crlical Habitat

0 0.5 2 Miles 0 0.5 1 2 ••c:::==•••-~mmet~s Locational Index

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(ii) Map of Unit 34: NM–3B, Mimbres River.

Yellow Billed Cuckoo Critical Habitat Unit 34: NM-3B Mimbres River Grant County, New Mexico ...... ~---, I ..... __ .,.,.... ------/ l / / j l i _r..­ i ,,.,~· ,, .. --, ; ! ··--... , ... .,_ / f / GRANT CO i f i r i ! \ I / I \ ( i ! / i, ( j ! /

/ f ···-....\."'\. .. , __ / -·- ( '\ f \ .. ··~ /.J \ .. __ .,..,. ..-· ...... '\ \ , ...... _ ·--.. ·,___ \.__ _

' ··.,

--Road!Highway ------Rivers/Streams ~ Critical Habitat

0 0.5 1 2 -----======------Miles 0 0.5 2 ---===:::::i _____ KilometefS locational Index

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(39) Unit 35: NM–4, Upper Rio Grande 1; Rio Arriba County, New Mexico. Map of Unit 35 follows:

Yellow BIUed Cuckoo Critical Habitat Unit 35: NM-4 Upper Rio Grande 1 Rio Arriba County, New Mexico

1... , =..... _

r ~ ..."-...... __ ! .. __ ~

,., _,,// l1"' (.if J-~ ·----··------.C'-~·-F·,-..-. \0:--•, .. , __ ••:....rH=•-•••-l ---·--·-·-·--

-----···~'-, .. ..._ __ ...,__ .i"'"''-. _____ .~---\ __ , ___ ,--..

.. ..,,,. ... _,.,.. _____ ..,,.-·-···""~--.,,.··~ ...... "' ·---.... \\

RIO ARRIBA c~·-., ....,.,' \.__

..,,. ... J···- / ______..J'···./·.. i (, (

,.I':··-,_ \ ·, f) ; \

-- Road/Highway ----··· Rivers/Streams ~ Crllcal Habitat

0 0.5 2 .Miles 0 0.5 1 2 ■--==---Klometers locational tndex

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(40) Unit 36: NM–5, Upper Rio Counties, New Mexico. Map of Unit 36 Grande 2; Santa Fe and Rio Arriba follows:

Yellow Billed Cuckoo Critical Habitat Unit 36: NM..S Upper Rio Grande 2 Rio Arriba and Santa Fe Counties, New Mexico

"·\ \ ·~ ...... __ -----. __ _ , ...... ·-,. SANTA FE CO

... ~--·-···-~:~?··,. ·.\..,_ '·· ·,.: \ -..... _ ...... \ ··......

•-••--.,M---•,,,.\

°(

-- Highway --·-··· Rillers/Slreams County Boundaiy E2ZJ CJiical Haruta!

0----=:=:=:::11 0.5 ______2 1,111es 0 0.5 1 2 Kiomelers locational Index

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(41) Unit 37: NM–6A and NM–6B, Counties, New Mexico. Maps of Unit 37 (i) Map of Unit 37: NM–6A, Middle Middle Rio Grande; Sierra, Socorro, follow: Rio Grande. Valencia, Bernalillo, and Sandoval

Yellow Billed Cuckoo Critical Habitat Unit 37: NM-6A Middle Rio Grande Sandoval County, New Mexico

1. \ \ SANTA FECO I \ I. \ \

SANDOVAL CO

~ ___ : County Boundary --Major Highways ----- Rivers ~ Critical Habitat

0---======-----•Miles 25 5 10 0 25 5 10 --====---•Kilometers locational Index

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(ii) Map of Unit 37: NM–6B, Middle Rio Grande

Yellow Billed Cuckoo Critical Habitat Unit 37: NM-68 Middle Rio Grande Bernalillo, Valencia, Socorro, and Sierra Counties, New Mexico

CIBOLA CO

UNIT37

UNCOlNCO

-~ County Boundary --Major Highways --Rivers E222) Oilica!Hahitat

0 12.5 25 50 ---===------Miles 0 12.5 25 50 --=:::::1---■ Kilomete.rs locational Index

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(42) Unit 38: NM–7, Upper Gila River; Grant and Hidalgo Counties, New Mexico. Map of Unit 38 follows:

Yellow Biled Cuckoo Crilcal Habitat Unit 38: NM-7 Upper Gila Grant and Hidal Counties, New Mexico

------~. GRANTCO ------■ I I .-' •1 I I HIDALGO CO • I ' '• •I

------

0

--Road/Highway -···-··· Rivers'streams

~ __ .! County Boundary ~ Critieal Habitat

0 2.5 5 10 0---===------Miles 2.5 5 10 l.Dcati011al Index --===i---■ ~tomere~

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(43) Unit 39: NM–8A, Caballo Delta Sierra County, New Mexico. Maps of (i) Map of Unit 39: NM–8A, Caballo North and NM–8B, Caballo Delta South; Unit 39 follow: Delta North.

Yellow Billed Cuckoo Critical Habitat Unit 39: NM-SA Caballo Delta North Sierra County, New Mexico l / { ! i j

...... \

SiERRA CO

f/ __ ,,/)

_,,,.·· /

.-,,,···---··-·-, \.,.,...... ___ _

--Highway ---··· Rilera/S!reams

~ Cmcal Habitat

0 0.25 0.5 1 0--i:::::==----Mlles 0.250.5 1 - Kiiometers localional Index

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(ii) Map of Unit 39: NM–8B, Caballo Delta South.

Yellow Billed Cuckoo Critical Habitat Unit 39: NM-8B Caballo Delta South Sierra County, New Mexico

·-, .. .______SIERRA CO _,, ...... / ...... ____ ~,...... _ ...... ~---·'•''i. 0 -··-···--Hlghway Rilers/Slreams ~ Crtical Habitat

0----======------Miles 0.25 0.5 1 0 0.25 0.5 1 ---====----•~mmeters locational Index

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(44) Unit 40: NM–9, Animas; Sierra County, New Mexico. Map of Unit 40 follows:

YelloWBffledCuckoo -Crtlclll Habitat•:. uritt'40': NM-t:Anim•• ------$terra Coun i NewMexb:o

-'· ·1:rt,;...... ,;: .

c,,T',,,,;::::i:::fJ-2·"iro:

------RiV'i!tSl:Stt'eams --'-'. ~oatitttgtjw~Y ~t::11ticii!H~t

.0 0.5 -.1 :::z::c. - ~ii-.· 2 l(j~,ifllr&

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(45) Unit 41: NM–10, Selden Canyon and Radium Springs; Don˜ a Ana County, New Mexico. Map of Unit 41 follows:

YelloWBiRed CUCkob·Cittl~I H..i.ttat· Onit41ililM-1tfse1cienCa11YoriaruiRaduni:Spnii1s· Dona Ana coun New Me•ico ·· ·

·._·:;,-~ ..;,i~; ;rf~t

--i&ai»Hl!ihWiit --·" ftiiiersisfreiitns: ~ ciitkiiiftal>itlt

0 0.5 1

2 ~iiifoha!mdei ~loi!!.

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(46) Unit 42: AZ–30, Arivaca Wash and San Luis Wash; Pima County, Arizona. Map of Unit 42 follows:

Yellow Billed Cuckoo Critical Habitat Unit 42: AZ-30 Arivaca Wash and San Luis Wash Pima County, Arizona

-- Road/Highway --·-··· Rilers/Streams E2Z] Crftical Habitat

0 1.25 2.5 5 Miles 0 1.25 2.5 5 Kilo meters Locational Index

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(47) Unit 43: AZ–31, Florida Wash; Pima and Santa Cruz Counties, Arizona. Map of Unit 43 follows:

Yellow Biled Cuckoo Critical Habitat Unit 43: AZ-31 Rorida Wash Pima and Santa Cruz Counties, Arimna

-·-...... -.. ~-···, ... -···--·~·-- ""\

'---, ___ ... \ .•. , .. , __ _

'-- ·, ...... --. PIMA CO ..,.\\~

J \_

,---- -·------,,./ _,, .. ,- 'I --~.. ~..::--:::·.:.._., ___ ,J ,.,..;,' SANTA CRUZ CO 0

------Rivers/streams ~ : : ~ County Boundary

~ Crltlcal Habitat Ill Olher Crilica!Habilaf Units

0 U5 1 2

0----====------Miles 0.5 2 ---====----■ Kilometers

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(48) Unit 44: AZ–32, California Gulch; Santa Cruz County, Arizona. Map of Unit 44 follows:

Yellow Billed Cuckoo Critical Habitat Unit 44: AZ-32 Califorria Gulch Santa Cruz County, Arimna

.,...... ___ \ t'! \:._, \~ "-\ ....·,

SANTA CRUZ CO

I ;/ ,,,; /':, ~:f"

~ .....i-~·""' _J ···'" ...... ( ·-...... ·-··

--Road -----··· RillerslStreams 0 Naliooal SOUndaiy ~ Cmcal Habitat Iii.II OtherCrticalHallitatUnits

0 0.5 2 ---====------Miles 0 0.5 1 2 Locafiooal Index l

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(49) Unit 45: AZ–33, Sycamore Canyon; Santa Cruz County, Arizona. Map of Unit 45 follows:

Yellow BiUed Cuckoo Critical Habitat Unit 45: AZ-33 Sycamore canyon Santa Cruz County, Arizona

SANTA CRUZ CO

1··.,.,,. .. - _.. ,_,,... i ·• ...._r-··,.--1;·-. .. ,... J ~ \ \_f"'..r-._ ··'t... n"- s ·-...... r, .t:··.:, ·• ...... ·7 'i \ i •.. ,.

--Rodttigllway ------RiverslSlreams D state/Country Boundary ~ Cmcal Habitat

0 0.5 1 2 Miles 0 0.5 1 2 I..Dcational Index l@ometers

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(50) Unit 46: AZ–34, Madera Canyon; Pima and Santa Cruz Counties, Arizona. Map of Unit 46 follows:

Yellow Billed Cuckoo Crii.cal Habitat Unit 46: AZ-34 Madera Canyon Pima and Santa Cruz Counties, Arizona

PIMA CO

SANTA CRUZ CO ' ,••'i" .r·' ..... ",...... _.. _.. __ .. ,-",_,.-"/... .,,,.· ... -... --·-···-· .. ,,,.... ---

--Road -··-··· RNers/Streams f _-:] County Boundaiy ~ Crilcal Habitat - other Cmcal Habitat Unils

0 0.5 2

11 0.5 1 2 lDC:afional Index ----====----Kilometers■ Miles

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(51) Unit 47: AZ–35, Montosa Canyon; Santa Cruz County, Arizona. Map of Unit 47 follows:

Yellow BIUed Cuckoo Critical Habitat Unit 47: AZ-35 Montosa Canyon Santa Cruz County, Arizona

-~l .. __ ,.-......

,,-··-,.-···~·,,. ..·-·-'-,.._ ... --•---.--·--···,._ (~ /'·"··· 0

--Road -···-··· Rivers/Streams ~ CJtical Habitat

0 0.5 2 Miles 0 0.5 1 2 locational Index ---====----■ KJomaters

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(52) Unit 48: AZ–36, Patagonia Mountains; Santa Cruz County, Arizona. Map of Unit 48 follows:

Yellow Billed Cuckoo Critical Habitat Unit 48: AZ-36 Patagonia Mountains Santa Cruz County, Arizona

--.. -~.r··-;" / _,,. ) \ ..,. .. i

j

-- Road/Higllway _,, _____ Rill'elSIStreams

~ Crtiail Habitat

0 0.5 2 Miles 0 0.5 1 2 ■--==---Klometera locational Index

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(53) Unit 49: AZ–37, Canelo Hills; Santa Cruz County, Arizona. Map of Unit 49 follows:

Yellow Billed Cuckoo Critical Habitat Unit 49: AZ-37 Canelo Hills Santa Cruz County, Arizona

'·'""'-.•----:;r- / ) \ ./ ...... __ _

\

River

-- Major Road ~:: .! County Boundary E2Z] Critical Habitat Other Critical Habitat Units

0 2 4

0----=====------2 4 ■ Miles Locational Index Kilometers

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(54) Unit 50: AZ–38, Arivaca Lake; Pima and Santa Cruz Counties, Arizona. Map of Unit 50 follows:

Yet.low Billed Cuckoo Critical Habitat Unit 50: AZ-38 Arivaca Lake Santa Cruz and Pima Counties, Arizona

'\···, \. l-~ ·1.

-- Road/Highway -···-··· Rlvers/Slfeams f:: .! County SoundaQ EZ2] Crtical Habitat

0 0.5

0 0.5 1 2 locational Index --==----■ Kllometers

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(55) Unit 51: AZ–39, Peppersauce Canyon; Pinal County, Arizona. Map of Unit 51 follows:

Yellow Billed Cuckoo Critical Habitat Unit 51: AZ-39 Peppersauce Canyon Pinal County, Arizona

,./.f / --~--~£

-···-···· River -- Major Road ~:: .! County Boundary 1222:) Critical Habitat

0 0.25 0.5 1 ••-====-••-•Miles 0 0.250.5 - Kilometers

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(56) Unit 52: AZ–40, Pena Blanca Canyon; Santa Cruz County, Arizona. Map of Unit 52 follows:

Yellow Billed Cuckoo Critical Habitat Unit 52: AZ-40 Pena Blanca Canyon Santa Cruz County, Arizona

MEXICO

-···-··· River

-- Major Road c:J National Boundary E2Z:J Critical Habitat

0---====-----•MIies 0.5 2 0 0.5 2 Locational Index Kilometars

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(57) Unit 53: AZ–41, Box Canyon; Pima County, Arizona. Map of Unit 53 follows:

Yellow Billed Cuckoo Critical Habitat Unit 53: AZ-41 Box canyon Pima County, Arizona

-- Higllway -··-··· Rivers/Streams (22;J Q'llk:al Habitat 1111 OlherCrllk:al Habitat Units

0 2 4 Miles 0 2 4 l

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(58) Unit 54: AZ–42, Rock Corral Canyon; Santa Cruz County, Arizona. Map of Unit 54 follows:

Yellow Bilted Cuckoo Critical Habitat Unit 54: AZ-42 Rock Corral canyon Santa Cruz County, Arizona

SANTA CRUZ CO

J·-···-..... ,, \ \.

-- RoadiHlghway --·-··· Rill erstStreams

~ Qitical Habitat

II 11.S 2 Miles 0 0.5 1 2 I.Dcational Index ---====----■ Kilometers

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(59) Unit 55: AZ–43, Lyle Canyon; Santa Cruz and Cochise Counties, Arizona. Map of Unit 55 follows:

Yellow Bilted Cuckoo Critical Habitat Untt 55: AZ-43 Lyle Canyon Santa Cruz and Cochise Counties. Arizona .! / \, (' ! ___ ;~·· i \.., ( ... .,.,... •--·· ·-\ ; .l l / ' ./ /

f I r-•r··-.. ._ ... .._ .. ~i ~/· / ,/

-~---···

/'

,6 ' --Highway - .. ·-··· Rivers r::_--1 County aounda,y

~ Crilicat Habitat 1M Ottler Crlical Habitat Units

0 0.5 2 locational Index 0•-==:::11--- 0.5 1 2 ■ 1,rnes - Klometera

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(60) Unit 56: AZ–44, Parker Canyon Lake; Santa Cruz and Cochise Counties, Arizona. Map of Unit 56 follows:

Yellow Billed Cuckoo Critical Habitat Unit 56: AZ-44 Parker Canyon Lake Cochise and Santa Cruz Counties, Arizona \ \ ... , \ ,/ / l 1···, )'

'i i

(4,

✓--/<__; I ,,.. /' . COCHJSE CO, i ~ _,, / 1>--' ~/ 1 __,, / f / ) ~ $,.' ,..,,. ' ("··· ·e ~~_)' i"'" .. 1···~··· t~/ / ,. .) l ..I

--Ro.adlHlghway --·-··· RlllerslS\Team C_-: J Comty Boundaiy ~ Critical Habitat

- Other Critical Habitat l.mlls

0 2 4 locational Index 0---c:::::====------Miies. 2 4 l

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(61) Unit 57: AZ–45, Barrel Canyon; Pima County, Arizona. Map of Unit 57 follows:

Yellow Billed Cuckoo Critical Habitat Unit 57: AZ-46 Barrel canyon Plma County, Arizona

/_. .,-· / ../ ..-· _ ,.. / ('

--Highway --·-··· RlverslS1reams ~ Clilical Habitat 1111 Other Crtical Habitat Units

!I !1.5 2 Miles 0 0.5 2 tocatlooal Index --==----■ Klomaers

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(62) Unit 58: AZ–46, Gardner Canyon; Pima and Santa Cruz Counties, Arizona. Map of Unit 58 follows:

Yellow Billed cuckoo Critical Habitat Unit 58: AZ-46 Gardner canyon Pl:ma and Santa Cruz Counties, Arizona

·--.. ~.. '.. -\,,,.,_...... • ·-.\. ..,.\

...... , ...... ••• --.__ t"'

'\ \.,..... ~···,,··;~::::>·'-·, ... _... ~:::::~·''-•'' .,..~----~··· ~--..... ~~~~~

--Highway --·-··· RNers/Streams : ~ ~ ~: County Soundaly IZ::ZI Critical Habl'tat flll otherCl'ftical Habital Units

0 1.5 3 6 Miles 0 1.5 3 6 Locational Index Kilometers

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(63) Unit 59: AZ–47, Brown Canyon; Pima County, Arizona. Map of Unit 59 follows:

Yellow Billed Cuckoo Critical Habitat Unit 59: AZ-47 Brown Canyon Pima County, Arimna

_.,r" ,,,. ..,~•-•-...-,,· .,,,,..·· j''··-···-··-···/•' ..• ~···

--Highway ------Rillers/Streams ~ Clitical Hamtat

0 2 4 Miles 0 2 4 l

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(64) Unit 60: AZ–48, Sycamore Canyon; Santa Cruz County, Arizona. Map of Unit 60 follows:

Yellow Billed Cuckoo Critical Habitat Unit 60: AZ-48 Sycamore canyon Patagonia Mountains Santa Cruz County, Arizona

!.----· .. _,-··-"-- ✓ SANTA CRUZ CO i / .__ _,,,,.

-~---'----...... _.. ..s· ./ .. r· l. ;-··•...-.---··-·-•-,-·v-··~ ...... J· /

-.....__ ·-··------,

,·----...... ~~-- --··-­-----

__ .______,.,. _;---,1\ ______1· I ) i .! ( ·, /""7 / ; .,,,.,../ ··\ .....J o-- .. 1··-.,,·· i

- .. ·-··· RillerslStreams --Road

~ Critical Habitat ~ otherCritkal Habitat Units (I---==::::::1••---M~es 0.5 2 0 0.5 1 2 •-===---•Kilometers l.DCafional Index

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(65) Unit 61: AZ–49, Washington Gulch; Santa Cruz County, Arizona. Map of Unit 61 follows:

Yellow Billed Cuckoo Critical Habitat Unit 61: AZ-49 Washington Gulch Santa Cruz County, Arizona

_,__ ...... ___ _

'--...... ~--.---.. _. . "":.) '-"\

---­ , __ -~ ·, -----. ..._ ...__ ---...... ______-.\.,._ -...... ·,.\ ·-. l ...... ,_ •.. \ \ .'; \ -...,______\ ...... , \ '----·~- '"·) ... .,, ·--~-\

-..,., .. .,,. ... _.,,,...... ,.. __ ...,__. ,. ------~- ...... ______i. ·, ·,_ :...~_ -!' ...... ,,,-·-.,..,...--\'"'-__

/", .. / \._ ·...__ ,_ \ '-...... _ \ ARIZONA \ .. MEXICO 0

-···-··· Rflers/Streams CJ Na!ionalBoundary ~ Clitical Habitat other Crtical Habitat Units 0••••-=====::::i•••••••••Mi!es 1 2 4 0 2 4 Kilometers Locational Index

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(66) Unit 62: AZ–50, Paymaster County, Arizona. Map of Unit 62 Spring and Mowry Wash; Santa Cruz follows:

Yellow Billed Cuckoo Critical Habitat Unit 62: AZ-50 Paymaster Springs and MCMIY Wash Santa Cruz County, Arizona

...... ~ ...... , .. _, ...... "-...,,...•-··---,.

-···---- RNerslStreams --Road

~ Cmcal Habitat 1111 OtherCrtical Habllal Units

I) 0.5

0 0.5 1 2 --===---Kilometers tocatiooal Index

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(67) Unit 63: CA–1, Sacramento River, Counties, California. Map of Unit 63 Colusa, Glenn, Butte, and Tehama follows:

Yellow Billed Cuckoo Critical Habitat Unit 63: CA-1 Sacramento River Colusa, Glenn, Butta, and Tehama Counties, California

--Road/Highway ----- Rivers/Streams ~ _-:] County Boundary ~ Critical Habitat

0 5 10 20 --c===----Miles Locational Index 0 5 10 20 ■---==--•Kllometers

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(68) Unit 64: CA–2, South Fork Kern River Valley; Kern County, California. Map of Unit 64 follows:

YellQ1!Y BHl!KI Cuckoo ~rit~l ...,t,itat Uriit64~ CA-2South Fork Kern FtivfrYalley Kem County, C81~mia ...

..;,;~:.;;, __ Rw~is/Sti:~ams -.-.- MljotRl'.ia:

•4· . lk\s •. ifl

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(69) Unit 65: ID–1, Snake River 1; Bannock and Bingham Counties, Idaho. Map of Unit 65 follows:

Yellow Billed Cuckoo Cri1ical Habitat Unit 65: 10-1 Snake River 1 Bannock and Bingham Counties, Idaho

\ ...... , ~\

BINGHAMCO

.,,/ ,.·( \ t>: ;_ ...• /

/

- .. ·-··· Rivers/Streams --Road/Highway

~::] County Bourn:lary l222J Clitlcal Habitat

0 2 8 Miles 0 2 4 s Kiometers locational Index

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(70) Unit 66: ID–2, Snake River 2; Bonneville, Madison, and Jefferson Counties, Idaho. Map of Unit 66 follows:

Yellow Billed Cuckoo Critical Habitat Unit 66: 1D-2 Snake Rlver2 Bonneville, Madison, and Jefferson Counties, Idaho .,... __ __,,._-_ t 'I 1 I I I JEFFERSON CO~ I '

MADISON CO

BONNEV1llE CO 0

--·-··· RtlerslStreams --Road/Highway f _-:] County Boundary ~ Cntical Habitat 1111 OtllerCrilical Habitat Units

0 25 5 10

0 25 5 10 --=:::::1--•Kilometers---====-----Mites

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(71) Unit 67: ID–3, Henry’s Fork and Teton Rivers; Madison and Fremont Counties, Idaho. Map of Unit 67 follows:

Yellow Billed Cuckoo Critical Habitat Unit 67: ID-3 Henry's Fork, Teton River Madison and Freemont Counties, Idaho

FREMONTCO

.. -··i i I \ /,·-' / -·· l ,.UNIT67 j .--~~:;~7-1 .. .. -·••-"'' ..------.. -·•·-···,i'' -----~::t~??,-- /--···-) ... ! i )-i /->~;~~1; ... ---·1 --·--r::::. \ rr-··· ·-· rt,-:;:, i, .. •-··_j ~17'~~~°"\,.-:::::::::::-1 \ 1 \ .. ,··· \ I }Jc· ~ \-{..7'••. cgr..'- '1 i. r··\ .. i t'-l"l'..,,,.'¥><1' I•'

-···-··· RNers/Streams --Road/Highway

(::] Comly Soundll!Y ~ Critical Habitat

0 2

0 2 4 ■--==---Kilometers t.oclllional Index

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(72) Unit 68: CO–1, Colorado River; Mesa County, Colorado. Map of Unit 68 follows:

Yellow BIiied Cuckoo Critical Habitat Unit 68: C0-1 Colorado River Mesa County, Colorado

MESA CO

-··-··· River --Major Road

~ - - .! County Boundary ~ Critical Habitat 0---c::::===:::::i-----•Miles 25 5 10 0 25 5 10 --====----Kilomete!"s locational lndex

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(73) Unit 69: CO–2, North Fork Gunnison River; Delta County, Colorado. Map of Unit 69 follows:

Yellow Billed Cuckoo Critical Habitat Unit 69: C0-2 North Fork Gunnison River Delta County, Colorado

-·.. -··· RilferslStreams --Road/Htgnway ~ Cdllcal Habitat

0 2

0 2 4 ■--==---Kilometers Locational Index

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(74) Unit 70: UT–1, Green River 1; Uintah and Duchesne Counties, Utah. Map of Unit 70 follows:

Yellow Billed Cuckoo Critical Habitat Unit 70: UT-1 Green River1 Uintah and Duchesne Counties, Utah

\

\l \ '""t __ , I ~----,"} I...,___ I DUCHESNE\\ ~-~ co \ \ 0

-···---- RN ers/Streams

--Road/Highway ~: ~ JCounty Boundruy E2Z] Cfilical Habitat

0 3 6 12 ---===-----Miles Locational Index 0 3 6 12 --==---■ Kiometers

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(75) Unit 71: UT–2, Green River 2; Emery and Grand Counties, Utah. Map of Unit 71 follows:

Yellow Siled Cuckoo Critical Habitat Unit 71: UT-2 Green River2 Grand and Emery Counties, Utah

----~~ ---...__,,,- ,,,.,,,..--_.,,,..

--Road/Highway -·----- Rtters/Slreams f:: ~ County Boundaiy ~ C!llcal Habitat

II 0.5 1. 2 Miles 0 U5 1 2 ■--==--•Klometers Locational Index

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(76) Unit 72: TX–1, Terlingua Creek and Rio Grande; Brewster County, Texas. Map of Unit 72 follows:

Yellow Blled Cuckoo CrilcaJ Habitat Unit 72: TX-1 Ter1ingua Creek and Rio Grande BrewstBrCounty, Texas

MEXICO 0

--·-··· Riverslstraams

-- Roacl/Higilway D statelCoumJY aoumlary [zZI Critical Habitat

0 25 5 10 Miles 0 25 5 10 Kilometers tocaliooal Index

* * * * * Dated: November 21, 2019. Margaret Everson, Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2020–02642 Filed 2–26–20; 8:45 am] BILLING CODE 4333–15–C

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