Vol. 79 Friday, No. 192 October 3, 2014 Part V Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Western Distinct Population Segment of the Yellow-billed Cuckoo (Coccyzus americanus); Final Rule VerDate Sep<11>2014 19:00 Oct 02, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03OCR3.SGM 03OCR3 mstockstill on DSK4VPTVN1PROD with RULES3 59992 Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR October 3, 2013, we published in the Peer review and public comment. We Federal Register a proposed rule (78 FR sought comments from independent Fish and Wildlife Service 61621) to list the western DPS of the specialists to ensure that our yellow-billed cuckoo (hereafter referred determination is based on scientifically 50 CFR Part 17 to as western yellow-billed cuckoo). sound data, assumptions, and analyses. [Docket No. FWS–R8– ES–2013–0104; This rule finalizes our determination for We invited these peer reviewers to 4500030113] listing the western yellow-billed comment on our listing proposal. We cuckoo. also considered all other comments and RIN 1018–AY53 The basis for our action. Under the information we received during the Endangered Species Act, we can three open comment periods. We have Endangered and Threatened Wildlife determine that a species is an considered and incorporated any and Plants; Determination of endangered or threatened species based pertinent information from all Threatened Status for the Western on any of five factors: (A) The present comments and information we received Distinct Population Segment of the or threatened destruction, modification, into this final rule. See the Summary of Yellow-billed Cuckoo (Coccyzus or curtailment of its habitat or range; (B) Comments and Recommendations americanus) overutilization for commercial, section, below, for a summary of AGENCY: Fish and Wildlife Service, recreational, scientific, or educational comments we received on the proposed Interior. purposes; (C) disease or predation; (D) listing. ACTION: Final rule. the inadequacy of existing regulatory mechanisms; or (E) other natural or Previous Federal Actions SUMMARY: We, the U.S. Fish and manmade factors affecting its continued On October 3, 2013, the proposed rule Wildlife Service (Service), determine existence. to list the western yellow-billed cuckoo threatened status under the Endangered We have determined that the western as a threatened species under section 4 Species Act of 1973 (Act), as amended, yellow-billed cuckoo meets the of the Act (16 U.S.C. 1531 et seq.) was for the western distinct population definition of a threatened species and is published in the Federal Register (78 segment (DPS) of the yellow-billed likely to become endangered throughout FR 61621). This rule finalizes the cuckoo (Coccyzus americanus), a its range within the foreseeable future, Federal action for this species. For species located from the western based on the immediacy, severity, and additional information on previous portions of the United States, Canada, scope of the threats to its continued Federal actions for the western yellow- and Mexico. This final rule implements existence. These include habitat loss billed cuckoo, please see the 12-month the Federal protections provided by the associated with manmade features that petition finding (66 FR 38611; July 25, Act for this DPS. alter watercourse hydrology so that the 2001) and proposed listing rule (78 FR DATES: This rule is effective November natural processes that sustained riparian 61621; October 3, 2013). 3, 2014. habitat in western North America are We proposed critical habitat for the greatly diminished. Loss and western DPS of the yellow-billed cuckoo ADDRESSES: This final rule is available degradation of habitat has also occurred on August 15, 2014 (79 FR 48547). on the Internet at http:// as a result of livestock overgrazing and www.regulations.gov and at the encroachment from agriculture. These Background Sacramento Fish and Wildlife Office at losses are exacerbated by the conversion In this section of the final rule, it is http://www.fws.gov/sacramento/. of native habitat to predominantly our intent to discuss only those topics Comments and materials received, as nonnative vegetation. Habitat loss directly relevant to the listing of the well as supporting documentation used results in the additional effects western yellow-billed cuckoo as a in the preparation of this rule, will be associated with small and widely threatened species. Please refer to the available for public inspection, by separated habitat patches such as proposed listing rule for the western appointment, during normal business increased predation and reduced yellow-billed cuckoo for detailed hours at: U.S. Fish and Wildlife Service, dispersal potential. This threat is background and species information (78 Sacramento Fish and Wildlife Office, particularly persistent where small FR 61621; October 3, 2013). 2800 Cottage Way, Room W–2605, habitat patches are in proximity to Species Information Sacramento, CA 95825; by telephone human-altered landscapes, especially 916–414– 6600; or by facsimile 916– agricultural fields, resulting in the The yellow-billed cuckoo (Coccyzus 414–6712. potential for pesticides to poison americanus) is a member of the avian FOR FURTHER INFORMATION CONTACT: individual western yellow-billed family Cuculidae and is a Neotropical Jennifer Norris, Field Supervisor, cuckoos and reduce their prey base. migrant bird that winters in South Sacramento Fish and Wildlife Office What the rule does. We are making a America and breeds in North America. (see ADDRESSES). If you use a final listing determination regarding the Yellow-billed cuckoos spend the winter telecommunications device for the deaf western distinct population segment of in South America, east of the Andes, (TDD), call the Federal Information the U.S. population of the yellow-billed primarily south of the Amazon Basin in Relay Service (FIRS) at 800– 877–8339. cuckoo pursuant to the Endangered southern Brazil, Paraguay, Uruguay, SUPPLEMENTARY INFORMATION: Species Act. This species occurs in the eastern Bolivia, and northern Argentina western United States, Canada, and (Ehrlich et al. 1992, pp. 129–130; Executive Summary Mexico. The western U.S. States include American Ornithologists’ Union (AOU) Why we need to publish a rule. Under Washington, Idaho, Montana, Oregon, 1998, p. 247; Johnson et al. 2008b, pp. the Endangered Species Act, a species California, Nevada, Wyoming, Utah, 18–29). The breeding range of the entire may warrant protection through listing Colorado, Arizona, New Mexico, and species formerly included most of North if it is endangered or threatened Texas. This document adds the western America from southeastern and western throughout all or a significant portion of DPS of the yellow-billed cuckoo Canada (southern Ontario, Quebec, and its range. Listing a species as an (Coccyzus americanus) as a threatened southwestern British Columbia) south endangered or threatened species can species to the List of Endangered and throughout the continental United only be completed by issuing a rule. On Threatened Wildlife (50 CFR 17.11(h)). States to the Greater Antilles and VerDate Sep<11>2014 19:00 Oct 02, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\03OCR3.SGM 03OCR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Rules and Regulations 59993 northern Mexico (AOU 1957, pp. 269– rule, concluded that close examination To establish the range of the 270; AOU 1983, p. 284; AOU 1998, p. of the DNA studies conducted to date on population segment under 247). Currently, the species no longer cuckoos infers a deeper genetic consideration, we used the area breeds in western Canada and the divergence between western and eastern occupied by the western yellow-billed northwestern continental United States cuckoos that with further analysis cuckoo (the subspecies) originally (Washington, Oregon, and Montana). would likely support division of the defined by Ridgway (1887, p. 273) and Adult yellow-billed cuckoos have a yellow-billed cuckoo into two later refined by other researchers (AOU fairly stout and slightly down-curved subspecies. She indicated that genetic 1957, pp. 269–270; Oberholser and bill; a slender, elongated body with a markers used in all three previously Kincaid 1974, pp. 434–435; Hughes long-tailed look; and a narrow yellow conducted genetics studies evolve too 1999, Figure 1). After careful ring of colored, bare skin around the slowly to reveal genetic structure within consideration of other possible eye. The plumage is loose and grayish- the species. She recommended that population segment configurations, we brown above and white below, with future studies use microsatellite determined that the Continental Divide reddish primary flight feathers. The tail techniques because they would be more (generally the crest of the Rocky feathers are boldly patterned with black informative to a study of DNA at the Mountains based on watershed and white below. They are a medium- subspecies level. The existing DNA boundaries), the watershed divide sized bird about 12 inches (in) (30 studies, however, show that western between the Rio Grande and Pecos centimeters (cm)) in length, and about 2 yellow-billed cuckoos have developed River, and the Chihuahuan Desert in ounces (oz) (60 grams (g)) in weight. The unique genetic haplotypes not present Mexico was the best division between bill is blue-black with yellow on the in eastern cuckoos and that these are eastern and western populations. The basal half of the lower mandible. The reflected in phenotypic (outwardly area that we are considering occupied legs are short and bluish-gray. All visible) divergence that has been by the potential western DPS for the cuckoos have a zygodactyl foot with two observed between eastern and western yellow-billed cuckoo is closely aligned toes pointing forwards and two toes yellow-billed cuckoos. Please refer to with the traditionally defined range of pointing backwards.