Appendix C, Page 1 of 44 Appendix C.

Avian Data to Support Guild Selection Life history characteristics were summarized for the top fifty avian species which were found in field studies evaluating the effects of pesticide on non target wildlife species in corn and alfalfa ( Best et al. 1989, MRID 41110601, MRID 40149501, MRID 41742701, MRID 41110701) . There was complete overlap in the species for each crop, so the number of birds profiled totaled fifty exactly. Of the fifty bird species researched, one was of the order Anseriformes, one Charadriiformes, two Columbiformes, one Cuculiformes, two Galliformes, four Piciformes, and the remaining forty were of the order Passeriformes. The information collected for each included the food source, feeding habits, nesting characteristics, nesting timeline, body weight, habitat preferences, and the range in which the bird forages.

The food source information all came from the Patuxent Bird Identification InfoCenter, which contains photographs, songs,

identification tips, maps and life history for all North American birds. Listed in the life history information for all birds were their primary and supplementary food preferences. The source of information from this section was cited as was requested by the website.

The feeding strategy information was derived from a few separate sources. The primary source that encompassed a majority of the focal bird species, was the 1989 paper " Use of cornfields by birds during the breeding season: the importance of edge habitat"

by Louis Best. In this paper, an appendix included a list of significant bird species and their feeding strategies, such as ground feeding or aerial. Those species which were not included in the appendix of Best's paper had to be researched individual, and the source is appropriately documented in the reference section of the list of bird profiles.

All nesting information, including both habits and timeline, was found at the Patuxent Bird Identification InfoCenter and California's Department of Fish and Game's database of bird information. The Patuxent information was cited as coming from Erlich's 1988 book The Birder's Handbook: A Field Guide to the Natural History of North American Birds, as this was indicated as the original source for this data and the requested method of citing it. In the California Wildlife database, the nesting information did not have individual literature cited for those pieces of data selected, as the database does for most other categories of the database. It is requested that the original citation be listed where available, but since the individual sources were not available for nesting data, the database was cited as requested on the main page. The bird species inadequately covered under these two sources had to be researched individually, and their sources are cited appropriately.

The body weights of the birds were all taken from the same source, that being the 1984 article by Dunning on the " Body Appendix C, Page 2 of 44 weights of 686 species of North American birds."

For the preferred habitat for each species, the California Bird profile database and the University of Michigan Animal Diversity Web database were the primary sources. For each, where original sources were able to be cited as requested, they were.

The information at the University of Michigan Animal Diversity Web provided the original literature source for each species' habitat information. The information from the California Bird's database included the habitat information in the general profile of the bird and did not include specific references, so the general database citation was used for these.

It was not always possible to find the foraging range data for each bird species. Therefore, territory range had to be substituted as a proxy for foraging range, and in the life history summaries it is clearly states which value was available. For most of the bird species listed in the California Birds database, range data was available and was able to be cited by original source. For the species not included or not adequately covered in the database, individual literature searches had to be conducted for each, and their sources are documented and cited appropriately. Appendix C, Page 3 of 44 Anseriformes ( Swans/ Geese/ Ducks)

Canada Goose ( Branta canadensis)

Feeding: almost exclusively plant matter with lesser quantities of aquatic invertebrates ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: low, 25 30 day incubation, 40 73 days to fledge ( Erlich 1988)

Month of Nesting: March to June, 1 brood ( Erlich 1988)

Body Weight: F 2800g ( 940 5902g), M 3261g ( 1240 6265g) ( Dunning 1984)

Habitat: swamps, marshes, meadows, lakes ( Van Wormer 1968)

Range: forage up to 1.6 8km ( 105mi) from nest ( Williams and Sooter 1941)

Charadriiformes ( Shorebirds)

Killdeer ( Charadrius vociferus)

Feeding: insects ( Gough et al 1998)

Feeding Strategy: ground or herbaceous vegetation ( Best 1989)

Nesting: ground nesting, 24 28d incubation, 25 days to fledge ( Erlich 1988)

Month of Nesting: February to August, 2 broods ( Zeiner 1988)

Body Weight: F 101g ( 87.7 121g), M 92.1 ± 10.4g ( 83.9 109g) ( Dunning 1984)

Habitat: shorelines, savannahs, parks, agricultural ( Hayman et al, 1986)

Range: May travel to feeding locations up ton 1.5km ( 0.9mi) from nest ( Phillips 1972)

Columbiformes ( Doves)

Mourning Dove ( Zenaida macroura)

Feeding: almost exclusively seeds ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: aboveground in tree branches ( Best 1989), 13 14d incubation, 12 14d to fledge ( Erlich 1988)

Month of Nesting: February September eggs, March October nestlings, peak May

June, 2 6 broods ( Zeiner 1988)

Body Weight: F 115 ± 1.76g, M 123 ± 1.85g ( Dunning 1984)

Habitat: farms, small towns, open wood, scrub, roadsides, grasslands ( Baskett 1993) Appendix C, Page 4 of 44 Range: most feed within 1.6km ( 1 mi) of nests, with a home range of no more than 10km2 ( 4 mi2). ( Tomlinson et al 1960)

Rock Dove ( Columba livia)

Feeding: mostly seeds ( corn up to 92% of diet), lesser amounts of green plant matter and insects ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: above ground usually human made structures, 16 19d incubation, 25 26d to fledge ( Erlich 1988)

Month of Nesting: year round, peak in March September, several broods ( Erlich 1988)

Body Weight: 542 ± 37.2g ( Dunning 1984)

Habitat: agriculture or open shrub vegetation, rural, urban ( Johnston 1992)

Range: nests in very close proximity to foraging area, usually foraging in a 150ft radius of the nest ( Nicholson 1937)

Cuculiformes ( Cuckoos, Roadrunners and Anis)

Yellow billed Cuckoo ( Coccyzus americanus)

Feeding: exclusively insects ( Gough et al 1998)

Feeding Strategy: gleans insects from foliage ( Bent 1940)

Nesting: woodland, with ground nesting, 9 11d incubation, 7 8d to fledge ( Erlich 1988)

Month of Nesting: June July ( Zeiner 1988)

Body Weight: 64 ± 9.07g ( 50.0 85.5g) ( Dunning 1984)

Habitat: woodlands, forest, thickets ( Erlich 1988)

Range: need at least 10ha ( Gaines 1974)

Galliformes ( Grouse/ Turkey/ Quail)

Northern Bobwhite ( Colinus virginianus)

Feeding: primarily seeds ( 85%), lesser quantities of green plant matter, fruit and insects ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: successional shrub, ground nesting, 23 24d incubation, 6 7d to fledge ( Erlich 1988)

Month of Nesting: March September eggs, April October nestlings, June peak, 2 brood ( Zeiner 1988) Appendix C, Page 5 of 44 Body Weight: 178g ( Dunning 1984)

Habitat: temperate forest and grassland ( Dimmick 1992)

Range: in good habitat, one bird can be supported by an acre ( Zeiner 1988)

Ring necked Pheasant ( Phasianus colchicus)

Feeding: almost exclusively plant matter, lesser quantities of insects, worms, snails ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: grassland on ground, 23 25d incubation, 12d to fledge ( Erlich 1988)

Month of Nesting: March April, one brood ( Zeiner 1988)

Body Weight: female 953g ( 1453g max), male 619g ( 1861g max) ( Dunning 1984)

Habitat: fertile cropland and grain fields, grasslands ( Zeiner 1988)

Range: may forage over an area as large as 3km2 ( 1.2 mi2) ( Johnsgard 1973)

Passeriformes ( Perching birds)

American goldfinch ( Carduelis tristis)

Feeding: primarily seeds, lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: successional scrub with midstory/ canopy nest, 10 12d incubation, 11 17d to fledge ( Erlich 1988)

Month of Nesting: July August eggs, July September nestlings, one brood ( Zeiner 1988)

Body Weight: F 12.6 ± 0.81g ( 10.0 17.1g), M 13.2 ± 1.13g ( 8.6 20.7g) ( Dunning 1984)

Habitat: weedy fields, early successional growth, flood plains, cultivated lands,

roadsides, orchards, gardens ( Middleton 1993)

Range: have been noted to feed between 274m ( 900ft) from nest ( Nickell 1951) up to 0.8km ( 0.5mi) from nest ( Coutlee 1967)

American Robin ( Turdus migratorius)

Feeding: mostly fruit ( 60%), lesser quantities of worms and insects ( 40%) ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: 5 15' high midstory/ canopy nest, 12 14d incubation, 14 16d to fledge ( Erlich 1988)

Month of Nesting: April August, 2 broods ( Zeiner 1988)

Body Weight: 77.3 ± 0.36g ( 63.5 103g) ( Dunning 1984) Appendix C, Page 6 of 44 Habitat: woodlands, gardens, orchards, lawns, fields; needs fields to forage, but trees to build nest ( Zeiner 1988)

Range: home range 400m ( 1320ft) around the nest ( Hirth et al 1969)

Barn Swallow ( Hirundo rustica)

Feeding: exclusively insects ( 98.8%) ( Gough et al 1998)

Feeding Strategy: aerial ( Best 1989)

Nesting: midstory/ canopy nests, prefer buildings, 13 17d incubation, 18 23d to fledge ( Erlich 1988)

Month of Nesting: April July eggs, April August nestlings, peak in May/ June, 2 broods ( Zeiner 1988)

Body Weight: 18.6 ± 1.49g ( 13.4 23.4g) ( Dunning 1984)

Habitat: attracted to manmade structures for nesting, prefer open habitats of all types ( Bent)

Range: most foraging done within 400m ( 1300ft) of nest ( Snapp 1976)

Black capped Chickadee ( Poecile atricapilla)

Feeding: mostly insects ( 70%) with lesser quantities of fruit and seeds ( 30%)

( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: woodland with midstory/ canopy nest, 11 13d incubation, 14 18d to fledge ( Erlich 1988)

Month of Nesting: April July, peak in May, ( Zeiner 1988)

Body Weight: 10.8 ± 1.38g ( 8.2 13.6g) ( Dunning 1984)

Habitat: deciduous woodlands, open woods and parks, prefer edge of wooded areas ( Smith 1993)

Range: territory averages 4.5ha ( Smith 1976) to 5.3ha ( Odum 1941)

Blue grey Gnatcatcher ( Polioptila caerulea)

Feeding: exclusively insects ( Gough et al 1998)

Feeding Strategy: gleans insects, spiders and other small invertebrates from foliage of shrubs and low trees, searching the outermost foliage. Will make short flights to capture airbourne prey ( Root 1967)

Nesting: woodland with midstory/ canopy nest, 13d incubation, 10 13d to fledge ( Erlich 1988)

Month of Nesting: May June, 2 broods ( Erlich 1988) Appendix C, Page 7 of 44 Body Weight: 6.0 ± 0.13g ( 4.8 8.9g) ( Dunning 1984)

Habitat: woodland, shrubland, forests, prefer habitat edges ( Ellison 1992)

Range: ranges of nesting pairs is 0.5 0.9ha ( Fitch 1958)

Blue Jay ( Cyanocitta cristata)

Feeding: mostly nuts and seeds, with lesser quantities of fruit, insects and eggs ( Gough et al 1998)

Feeding Strategy: ground or herbaceous vegetation ( Best 1989)

Nesting: midstory/ canopy nest, 16 18d incubation, 17 21d to fledge ( Erlich 1988)

Month of Nesting: March July eggs, March, August nestlings, peak in May ( Zeiner 1988)

Body Weight: 86.8 ± 8.08g ( 64.1 109g) ( Dunning 1984)

Habitat: evergreen forests, farmlands, groves, suburbs ( Reilly 1968)

Range: territory up to 0.5mi across ( Palmer et al 1995)

Brown headed Cowbird ( Molothrus ater)

Feeding: mostly seeds ( 75%), lesser quantities of insects ( 25%) ( Gough et al 1998)

Feeding Strategy: ground or herbaceous vegetation ( Best 1989)

Nesting: parasitizes aboveground nests, incubation 10   13d, 10 11d to fledge ( Erlich 1988)

Month of Nesting: April August eggs, April August nestlings, 30 eggs per season,

1 2 in each host nest ( Zeiner 1988)

Body Weight: F 38.3 ± 1.93g ( 30.5 51.2g), M 49.0 ± 1.77g ( 32.4 58.0g) ( Dunning 1984)

Habitat: grassland, prairies, fields, pastures, orchards, prefer edge habitat ( Lowther 1993)

Range: will commute up to 2.7mi ( 6.7km) to feeding sites ( Rothstein et al 1984)

Brown Thrasher ( Toxostoma rufum)

Feeding: mostly fruit with lesser quantities of insects, fruit, reptiles or amphibians ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: successional scrub with low or ground nest, 11 14d incubation, 9 13d to fledge ( Erlich 1988)

Month of Nesting: March July eggs, April August nestlings, peak May June, 2 brood ( Erlich 1988)

Body Weight: 68.8 ± 2.96g ( 57.6 89.0g) ( Dunning 1984)

Habitat: shrubby vegetation broods ( Zeiner 1988)

Range: average 1.4ha territory ( Kingery 1962)

Carolina Wren ( Thryothorus ludovicianus) Appendix C, Page 8 of 44 Feeding: almost exclusively insects with lesser quantities of seeds and fruits ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: successional shrub with low/ ground nesting, 12 14d incubation, 12 14d to fledge ( Erlich 1988)

Month of Nesting: March July eggs, April September nestlings, peak May July, 2 broods ( Erlich 1988)

Body Weight: 21.0 ± 1.15g ( Dunning 1984)

Habitat: dense shrub, brush, forest, wooded suburban areas broods ( Zeiner 1988)

Range: home range and territory ranges 0.6 to 0.8ha ( Armstrong 1955)

Cedar Waxwing ( Bombycilla cedrorum)

Feeding: almost exclusively fruit with lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: midstory/ canopy nesting, 12d incubation, 16d to fledge ( Erlich 1988)

Month of Nesting: June, 2 broods ( Zeiner 1988)

Body Weight: F 33.1 ± 1.07g ( 28.0 40.2g), M 30.8 ± 1.72g ( 25.5 39.6g) ( Dunning 1984)

Habitat: open woodlands, overgrown fields, farms, orchards, plantations, suburbs broods ( Zeiner 1988)

Range: does not defend a feeding territory, only a small area around the nest.

Territory range is from 0.02 to 0.09ha with and average of 0.04ha ( Putnam 1949)

Common Grackle ( Quiscalus quiscula)

Feeding: mostly seeds, lesser quantities of insects, fruit, worms, eggs, reptile and amphibians ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: midstory/ canopy nest, 13 14d incubation, 16 20d to fledge ( Erlich 1988)

Month of Nesting: March July eggs, April July nestlings, May June peak, 2 brood ( Zeiner 1988)

Body Weight: F 100g, M 127g ( Dunning 1984)

Habitat: open areas with scattered trees, farmlands, orchards, swamps, common in developed areas ( Peer and Bollinger 1997)

Range: forages in radius of 45m around nest ( Kok 1972)

Common Yellowthroat ( Geothlypis trichas) Appendix C, Page 9 of 44 Feeding: primarily insects, lesser quantities of seeds ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: successional scrub with ground/ low nesting, 12d incubation, 10d to fledge ( Erlich 1988)

Month of Nesting: April July, peak May/ June ( Zeiner 1988)

Body Weight: F 9.9 ± 0.78g ( 7.6 15.3g), M 10.3 ± 0.66g ( 7.6 15.5g) ( Dunning 1984)

Habitat: briars, weeds or grasses, agricultural ( Fisher and Acorn 1998)

Range: home ranges for single is 1.4ha, pairs average 0.5ha, varying from 0.3 to 0.7ha ( Stewart 1953)

Eastern Bluebird ( Sialia sialis)

Feeding: mostly insects ( 68%), lesser quantities of fruit ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: midstory/ canopy nests, shrubland, 12 14d incubation, 15 20d to fledge ( Erlich 1988)

Month of Nesting: April July, 2 broods ( Zeiner 1988)

Body Weight: 31.8 ± 0.92g ( Dunning 1984)

Habitat: open land with scattered trees, parks, gardens, hedges ( Terres 1980)

Range: will travel up to 1,320ft ( 400m) from the nest on feeding trips ( Goldman 1975)

Eastern Kingbird ( Tyrannus tyrannus)

Feeding: primarily insects, lesser quantities of fruit ( Gough et al 1998)

Feeding Strategy: aerial ( Best 1989)

Nesting: midstory/ canopy nest, 16 18d incubation, 16 18d to fledge ( Erlich 1988)

Month of Nesting: May July eggs, May August nestlings ( Erlich1988)

Body Weight: 39.5 ± 1.85g ( 35.8 40.8g) ( Dunning 1984)

Habitat: prairie, oak savanna, agricultural and residential ( Zeiner 1988)

Range: foraging reported to be at least 400m ( 1300ft) from the nest ( Hespenheide 1964)

Eastern Meadowlark ( Sturnella magna)

Feeding: primarily insects, lesser quantities of seeds ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: grassland, low/ ground nests, 13 15d incubation, 11 12d to fledge ( Erlich 1988)

Month of Nesting: April August eggs, May August nestlings, 2 broods ( Zeiner Appendix C, Page 10 of 44 1988)

Body Weight: F 78.0g, M 102 ± 11.2g ( Dunning 1984)

Habitat: grassland, pastures, hayfields ( Zeiner 1988)

Range: territory varies from 1.2 to 6.1ha, but the average range is 2.8 3.2ha ( Lanyon 1956b)

Eastern Wood Pewee ( Contopus virens)

Feeding: almost exclusively insects ( Gough et al 1998)

Feeding Strategy: aerial ( Best 1989)

Nesting: woodland midstory/ canopy nesting, 12 13d incubation, 14 18d to fledge ( Erlich 1988)

Month of Nesting: May August eggs, May September nestlings, 1 brood ( Zeiner 1988)

Body Weight: 14.1 ± 0.91g ( 10.4 18.2g) ( Dunning 1984)

Habitat: lowland forest, orchards, woodland edge habitat ( Zeiner 1988)

Range: territories range from 2 6 acres ( Fergus 2001)

European Starling ( Sturnus vulgaris)

Feeding: mostly insects, lesser quantities of fruit ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: midstory/ canopy nest, shrubland, 12 14d incubation, 18 21d to fledge ( Erlich 1988)

Month of Nesting: April, 2 broods ( Zeiner 1988)

Body Weight: F 79.9g, M 84.7g ( Dunning 1984)

Habitat: any non mountainous terrain, requires fields of vegetation ( Feare 1984)

Range: in agricultural areas will forage up to 1.2km ( 0.75mi) from nest ( Kessel 1957)

Field Sparrow ( Spizella pusilla)

Feeding: mostly seeds, lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: successional scrub ground/ low nest, 12d incubation, 7 8d to fledge ( Erlich 1988)

Month of Nesting: April September, 2 3 broods ( Zeiner 1988)

Body Weight: 12.5 ± 1.47g ( 10.2 16.5g) ( Dunning 1984)

Habitat: areas with scattered trees, brush and thorn shrubs ( Zeiner 1988)

Range: territory ranges 0.3 2.4ha ( Dechant et al 1999)

Gray Catbird ( Dumetella carolinensis)

Feeding: mostly fruit, lesser quantities of insects ( Gough et al 1998) Appendix C, Page 11 of 44 Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: successional scrub ground/ low nest, 12 13d incubation 10 11d to fledge ( Erlich 1988)

Month of Nesting: May July eggs, May August nestlings, peak May/ June, 2 or more broods ( Hamel 1982)

Body Weight: 38.9 ± 3.12g ( 28.6 56.5g) ( Dunning 1984)

Habitat: woodland, shrubland, residential, forest edge ( National Geographic Society 1999)

Range: territory of one nest per 3.2ha ( DeGraas and Rudis 1986)

Great crested Flycatcher ( Myiarchus crinitus)

Feeding: almost exclusively insects, lesser quantities of fruits ( Gough et al 1998)

Feeding Strategy: aerial ( Best 1989)

Nesting: woodland, midstory/ canopy nest, 13 15d incubation, 12 21d to fledge ( Erlich 1988)

Month of Nesting: May July eggs and nestlings, breeding peak in July ( Zeiner 1988)

Body Weight: 33.5 ± 3.01g ( 27.2 39.6g) ( Dunning 1984)

Habitat: wooded areas, groves ( Zeiner 1988)

Range: 2.3ha ( DeGraaf 1975)

Horned Lark ( Eremophila alpestris)

Feeding: primarily seeds, lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: ground or herbaceous vegetation ( Best 1989)

Nesting: grassland, low/ ground nest, 11 12d incubation, 9 12d to fledge ( Erlich 1988)

Month of Nesting: February July eggs, March August nestlings, peak in May, 2 broods ( Zeiner 1988)

Body Weight: F 30.8, M 31.9g ( Dunning 1984)

Habitat: open areas such as prairies, fields and shoreline beaches ( Zeiner 1988)

Range: in midwestern farmland, territory reported as 0.4 to 5.3ha ( Beason and Franks 1974)

House Sparrow ( Passer domesticus)

Feeding: almost exclusively seeds ( 96%), lesser quantities of insects ( 4%) ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: midstory/ canopy nesting, buildings, 10 13d incubation, 14 17d to fledge ( Erlich 1988) Appendix C, Page 12 of 44 Month of Nesting: March, 2 3 broods ( Zeiner 1988)

Body Weight: F 27.4 ± 2.24g ( 20.1 34.5g), M 28.0 ± 1.55g ( 20.0 34.0g) ( Dunning 1984)

Habitat: farms, residential, urban, preference of human modified ( Lowther 1992)

Range: nonbreeders range as far as 3.2km ( 2mi) from nest to feed, nesters seldom travel more than 30m ( 100ft) from nest ( Will 1973)

House Wren ( Troglodytes aedon)

Feeding: primarily insects ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: successional scrub, midstory/ canopy nest, 13d incubation, 12 18d to fledge ( Erlich 1988)

Month of Nesting: April August, peak May/ June, 2 broods ( Zeiner 1988)

Body Weight: 10.9 ± 0.80g ( 8.9 14.2g) ( Dunning 1984)

Habitat: open shrubby woodlands, prefer suburbs and edge habitat ( Johnson 1998)

Range: territory range averaged 0.4ha with a range of 0.03 to 1.5ha ( Kendeigh 1941b)

Indigo Bunting ( Passerina cyanea)

Feeding: mostly insects, lesser quantities of seeds and fruits ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: successional scrub, ground/ low nesting, 12 13d incubation, 9 10d to fledge ( Erlich 1988)

Month of Nesting: May September eggs, June September nestlings, July peak ( Zeiner 1988)

Body Weight: F 14.1 ± 1.41g ( 11.2 18.6g), M14.9 ± 1.39g ( 12.3 21.4g) ( Dunning 1984)

Habitat: brush, grasslands, fields, open deciduous woods, swamps ( Payne 1992)

Range: territory sizes average 1.4ha but vary from 0.4 to 8ha ( Payne 1992)

Lark Sparrow ( Chondestes grammacus)

Feeding: primarily insects and seeds ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: successional scrub, low/ ground nesting, 11 12d incubation, 9 10d to fledge ( Erlich 1988)

Month of Nesting: April July eggs, April August nestlings, peak May, single brood ( Zeiner 1988)

Body Weight: 29.0 ± 1.94g ( 24.7 33.3g) ( Dunning 1984) Appendix C, Page 13 of 44 Habitat: prairie, farmland, open woodland, brushy fields ( Rising 1996)

Range: territories typically poorly defended, range of 1.4 to 3.6ha ( Fitch 1958)

Northern Cardinal ( Cardinalis cardinalis)

Feeding: mostly seeds and fruit ( 90%), lesser quantities of insects ( 10%) ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: successional scrub, ground/ low nesting, 12 13d incubation, 9 10d to fledge ( Erlich 1988)

Month of Nesting: March July eggs, April August nestlings, peak May/ June,

multiple broods ( Erlich 1988)

Body Weight: F 43.9 ± 4.53g ( 33.6 64.9g), M 45.4 ± 4.29g ( 33.7 63.2g) ( Dunning 1984)

Habitat: wood edges, hedgerows, vegetation around houses ( Zeiner 1988)

Range: 4 acres per pair ( Texas 2000).

Northern Mockingbird ( Mimus polyglottos)

Feeding: exclusively insects and fruit ( Gough et al 1998)

Feeding Strategy: will drop from perch to take prey on ground, gleans from foliage, hawks from air, and will pick fruit form trees and shrubs ( Grinnell and Miller 1944)

Nesting: urban, ground/ low nesting, 12 13d incubation, 11 13d to fledge ( Erlich 1988)

Month of Nesting: February August eggs, March September nestlings, May/ June peak, 2 broods ( Zeiner 1988)

Body Weight: 48.5g ( 36.2 55.7g) ( Dunning 1984)

Habitat: wood edge habitat, farmland, brush, streamside thickets, urban ( Zeiner 1988)

Range: home range average 1.1ha with a range of 0.6 to 2.5ha ( Howard 1974)

Orchard Oriole ( Icterus spurius)

Feeding: almost exclusively insects, lesser quantities of fruit ( Gough et al 1998)

Feeding Strategy: upper canopy of trees ( Best 1989)

Nesting: midstory/ canopy nesting, 12d incubation, 11 14d to fledge ( Erlich 1988)

Month of Nesting: June July eggs, June August nestlings, peak June ( Zeiner 1988)

Body Weight: 19.6 ± 1.77g ( 16.0 25.1g) ( Dunning 1984)

Habitat: open woodlands, orchards ( Zeiner 1988)

Range: home range of about 0.85ha ( Fitch 1958)

Palm Warbler ( Dendroica palmarum) Appendix C, Page 14 of 44 Feeding: almost exclusively insects, lesser quantities of fruit ( Gough et al 1998)

Feeding Strategy: feeds in shrubbery and low canopy ( Slud 1964)

Nesting: successional scrub, low/ ground nest, 12d incubation, 12d to fledge ( Erlich 1988)

Month of Nesting: May June, 2 broods ( Erlich 1988)

Body Weight: 10.3 ± 0.47g ( 7.0 12.9g) ( Dunning 1984)

Habitat: shrubs, thickets, lowland mixed coniferous and deciduous ( Zeiner 1988)

Range: 816ha ( Degraaf et al 1975)

Red Winged Blackbird ( Agelaius phoeniceus)

Feeding: primarily seeds, lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: shrubland, ground/ low nest, 10 12d incubation, 11 14d to fledge ( Erlich 1988)

Month of Nesting: March July eggs, April August nestlings, 2 3 broods ( Zeiner 1988)

Body Weight: F 41.5 ± 2.74g ( 29.0 55.0g), M 63.6 ± 4.43g ( 52.9 81.1g) ( Dunning 1984)

Habitat: marsh or prairie ( Zeiner 1988)

Range: 1,625m2 in marsh, 2,895m2 in upland are mean averages of territory size from combination of many studies ( Searcy and Yasukawa 1995)

Rose Breasted Grosbeak ( Pheucticus ludovicianus)

Feeding: mostly insects, lesser quantities of fruits, seeds and flowers ( Gough et al 1998)

Feeding Strategy: upper canopy of trees ( Best 1989)

Nesting: woodland, midstory/ canopy nesting, 13 14d incubation, 9 12d to fledge ( Erlich 1988)

Month of Nesting: May July ( Zeiner 1988)

Body Weight: 45.6 ± 0.40g ( 35.4 65.0g) ( Dunning 1984)

Habitat: open woods, edge habitat, brush ( Zeiner 1988)

Range: territory can be as large as 6.2ha ( Odum and Kuenzler 1955)

Savannah Sparrow ( Passerculus sandwichensis)

Feeding: mostly seeds, lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: grassland, low/ ground nests, 12 13d incubation, 7 10d to fledge ( Erlich 1988)

Month of Nesting: April July, May/ June peak, 2 brood ( Zeiner 1988)

Body Weight: F 19.5 ± 2.29g, M 20.6 ± 1.35g ( Dunning 1984)

Habitat: prairie, oak savanna, agricultural, residential, sand/ mud marine shoreline ( Zeiner 1988) Appendix C, Page 15 of 44 Range: 0.05 1.25ha reported ( Wheelwright and Rising 1993)

Song Sparrow ( Melospiza melodia)

Feeding: mostly seeds, lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: successional scrub, ground/ low nesting, 12 14d incubation, 9 12d to fledge ( Erlich 1988)

Month of Nesting: April, typically 2 broods ( Zeiner 1988)

Body Weight: F 20.5 ± 1.54g ( 11.9 26.1g), M 21.0 ± 1.17g ( 18.2 29.8g) ( Dunning 1984)

Habitat: open brush, pastures, woodland edge ( Ryser 1985)

Range: home range averages 2.8ha ( Fitch 1958)

Swainson's Thrush ( Catharus ustulatus)

Feeding: mostly insects, lesser quantities of fruit and worms ( Gough et al 1998)

Feeding Strategy: searches litter under shrubs and on forest floor, gleans from shrubs, rarely flycatches ( Zeiner 1988)

Nesting: woodland, low/ ground nest, 12 14d incubation, 10 13d to fledge ( Erlich 1988)

Month of Nesting: April August, May/ June ( Zeiner 1988)

Body Weight: 30.8 ± 1.83g ( 21.9 50.7g) ( Dunning 1984)

Habitat: mixed forest, shrubs, thickets, deciduous or riparian forest ( Zeiner 1988)

Range: territory 0.5 0.9ha ( Johnston 1949)

Tufted Titmouse ( Baeolophus bicolor)

Feeding: mostly insects, lesser quantities of nuts, seeds and fruit ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: woodland, midstory/ canopy nest, 13 14d incubation, 15 18d to fledge ( Erlich 1988)

Month of Nesting: eggs April June, nestlings May June, breeding peak April May,

single brood ( Zeiner 1988)

Body Weight: 21.6g ( 17.5 26.1g) ( Dunning 1984)

Habitat: deciduous woodlands, residential woods ( Terres 1980)

Range: home range and territory averages 1.2ha ( Laudenslayer and Balda 1976)

White Breasted Nuthatch ( Sitta carolinensis)

Feeding: mostly insects, lesser quantities of nuts and seeds ( Gough et al 1998)

Feeding Strategy: gleans from trunks and branches of live trees and snags ( Zeiner 1988) Appendix C, Page 16 of 44 Nesting: woodland, midstory/ canopy nest, 12d incubation, 14d to fledge ( Erlich 1988)

Month of Nesting: eggs April June, nestlings May June, May breeding peak, 1 brood ( Zeiner 1988)

Body Weight: 21.1 ± 2.39g ( 18.5 26.7g) ( Dunning 1984)

Habitat: mixed deciduous/ coniferous forests, prefers edge habitat ( Pravosudov 1993)

Range: foraging territory of breeding pairs 0.7 0.9ha ( Hering 1948)

White Crowned Sparrow ( Zonotrichia leucophrys)

Feeding: primarily seeds, lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: successional scrub, ground/ low nesting, 12d incubation, 7 12d to fledge ( Erlich 1988)

Month of Nesting: May September, 2 3 broods ( Zeiner 1988)

Body Weight: 28.2 ± 1.72g ( 21.0 38.5g) ( Dunning 1984)

Habitat: highly variable but needs coniferous trees of edge of grassland or open area ( Chilton et al 1995)

Range: pairs occupy home ranges 1.5 to 2.0ha ( Morton et al 1972)

Yellow rumped Warbler ( Dendroica coronata)

Feeding: primarily insects, lesser quantities of seeds ( Gough et al 1998)

Feeding Strategy: forages from all canopy levels by hawking insects from air,

gleaning from foliage, twigs and branches, and by searching for food on ground ( Zeiner 1988)

Nesting: woodland, midstory/ canopy nesting, 12 13d incubation, 10 12d to fledge ( Erlich 1988)

Month of Nesting: May June ( Zeiner 1988)

Body Weight: F 12.2 ± 1.29g ( 9.9 15.3g), M12.9 ± 0.76g ( 10.6 16.7g) ( Dunning 1984)

Habitat: coniferous deciduous or mixed forest, and forest edges ( Stokes and Stokes 1996)

Range: territory averages about 0.8ha ( Morse 1976)

Yellow Warbler ( Dendroica petechia)

Feeding: almost exclusively insects, lesser quantities of fruit ( Gough et al 1998)

Feeding Strategy: shrubs or lower canopy of trees ( Best 1989)

Nesting: successional scrub, midstory/ canopy nest, 11 12d incubation, 9 12d to fledge ( Erlich 1988)

Month of Nesting: April August, peak June ( Zeiner 1988)

Body Weight: F 9.2 ± 0.59g ( 7.4 16.0g), M 9.8 ± 0.68g ( 7.9 12.8g) ( Dunning 1984) Appendix C, Page 17 of 44 Habitat: swamp/ marsh edge, farmland, forest edge, orchards, suburban ( USGS et al 2000)

Range: individuals regularly move up to 488m ( 1600ft) to feed ( Kendeigh 1941)

Piciformes ( Woodpeckers)

Downy Woodpecker ( Picoides pubescens)

Feeding: primarily insects, lesser quantities of seeds and fruit ( Gough et al 1998)

Feeding Strategy: bark of trees ( Best 1989)

Nesting: woodland in trees, 12d incubation, 20 25d to fledge ( Erlich 1988)

Month of Nesting: March September, May/ June peak, 2 brood ( Zeiner 1988)

Body Weight: 27 ± 0.19g ( 20.7 32.2g) ( Dunning 1984)

Habitat: woodlands and woodland edge ( Winkler et al 1995)

Range: home range observed to be between 2.0 and 3.2ha ( Lawrence 1967)

Northern Flicker ( Colaptes auratus)

Feeding: mostly insects, lesser quantities of fruits ( Gough et al 1998)

Feeding Strategy: ground or low herbaceous vegetation ( Best 1989)

Nesting: elevated nest in tree, 11 14d incubation, 25 28d to fledge ( Erlich 1988)

Month of Nesting: April July eggs, May August nestlings ( Zeiner 1988)

Body Weight: F 129 ± 7.67g ( 106 164g), M 135 ± 6.37g ( 114 160g) ( Dunning 1984)

Habitat: open woodlands, farmlands and pastures ( Winkler et al 1995)

Range: home range estimated to be 16ha for a pair ( Lawrence 1967)

Red Bellied Woodpecker ( Melanerpes carolinus)

Feeding: mostly nuts and fruit, lesser quantities of insects ( Gough et al 1998)

Feeding Strategy: bark of trees ( Best 1989)

Nesting: woodland in trees, 12 14d incubation, 24 27d to fledge ( Erlich 1988)

Month of Nesting: April July eggs, May July nestlings ( Zeiner 1988)

Body Weight: F 56g, M 67 ± 5.86g ( Dunning 1984)

Habitat: deciduous forest, cultivated areas near woods, riverine woodlands ( Zeiner 1988)

Range: one pair per 14 acres ( Texas 2000)

Red headed Woodpecker ( Melanerpes erythrocephalus)

Feeding: mostly nuts and seeds, lesser quantities insects and fruits ( Gough et al 1998)

Feeding Strategy: aerial ( Best 1989)

Nesting: dead trees, 12 13d incubation, 27 30d to fledge ( Erlich 1988)

Month of Nesting: June August ( Erlich 1988) Appendix C, Page 18 of 44 Body Weight: 71.6 ± 7.57g ( 56.1 90.5g) ( Dunning 1984)

Habitat: forest edges, orchards, open pine woods, groves ( Zeiner 1988)

Range: average territory 6.1ha ( Thomas 1979)

Appendix C. Avian Data to Support Guild Selection Insectivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Species that are In Field Habitat Users feeders/ nesters Common Nighthawk ground low vegetation May July May July savanna, grassland,

fields, riparian,

terrestrial, lowland Eastern Meadowlark ground/

low grassland April August May August 2 grassland, pastures,

hayfields Killdeer ground/

low low vegetation February August February August 2 savannahs, agricultural,

shorelines Edge Species   May feed in or above fields but likely nest in edge habitats Barn Swallow aboveground buildings April July April August May/ June 2 open habitats of all kinds Eastern Kingbird aboveground woodland May July May August prairie, agricultural,

residential, savannah Arcadian Flycatcher aboveground midstory/

canopy in woodland May July May July May/ June riparian habitat,

woodland edge Scissor Tailed Flycatcher aboveground midstory/

canopy in woodland April July April August May/ June prairies, shrubland Downy Woodpecker aboveground woodland March September March September May/ June 2 woodlands, woodland edge Appendix C. Avian Data to Support Guild Selection Insectivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Appendix C, Page 19 of 44 Northern Rough Winged Swallow aboveground midstory/

canopy in woodland May July May August May/ June brushland, woodland,

forest, grassland,

meadows, pasture,

croplands Eastern Phoebe aboveground midstory/

canopy in woodland April July April August May/ June woodlands, edge Blue Grosbeak ground/

low successional shrub May August May September June/ July low riparian,

croplands, herbaceous habitats Chimney Swift aboveground woodland or on manmade structures May July May August woodlands, edges,

grasslands, shrubs,

fields, human structures Cliff Swallow aboveground midstory/

canopy in woodland April August April August open habitats Eastern Bluebird aboveground shrub or woodland April July April July 2 open land, parks,

gardens, hedges European Starling aboveground shrub or woodland April April April April April 2 fields with vegetation Common Yellowthroat ground/

low successional scrub April July April July May/ June briars, weeds,

agricultural Yellow Warbler aboveground successional scrub April August April August June farmland, forest edge,

suburb, marsh edge Black Capped Chickadee aboveground woodland April July April July May woodlands, prefer edge habitat Appendix C. Avian Data to Support Guild Selection Insectivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Appendix C, Page 20 of 44 Blue Grey Gnatcatcher aboveground woodland May June May June 2 woodland, shrubland,

prefer edges House Wren aboveground successional scrub April August April August May/ June 2 woodlands, suburbs,

edge habitat Indigo Bunting aboveground successional scrub May September June September July scrub, deciduous woods, swamp Prairie Warbler ground/

low successional scrub shrubland habitat Red Eyed Vireo aboveground midstory/

canopy in woodland April August April August June prairies, shrubland Orchards and Tree Crops Species Eastern Wood Pewee aboveground woodland May August May September 1 forest, orchards,

woodland edge habitat Great Crested Flycatcher aboveground woodland May July May July July wooded areas, groves Downy Woodpecker aboveground woodland March September March September May/ June 2 woodlands, woodland edge White Breasted Nuthatch aboveground woodland April June May June May 1 mixed deciduous/ coniferous forest, edge Yellow Billed Cuckoo ground/

low woodland June July June July woodlands, forests,

thickets Wood Thrush aboveground midstory/

canopy in woodland March July May August June/ July deciduous and mixed forests Appendix C. Avian Data to Support Guild Selection Insectivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Appendix C, Page 21 of 44 Carolina Chickadee aboveground midstory/

canopy in woodland February May March June March

May dense woodlands Scarlet Tanager aboveground midstory/

canopy in woodland May August May August deciduous and mixed forests Yellow Throated Vireo aboveground midstory/

canopy in woodland May July June July June water/ woodland ecotone Summer Tanager aboveground midstory/

canopy in woodland April August May September June riparian habitat Bell's Vireo ground/

low successional shrub April July April August May/ June dense riparian thickets Yellow Breasted Chat ground/

low successional shrub May August May August June thickets near water,

riparian woodlands Chipping Sparrow aboveground midstory/

canopy in woodland April May April May April/ May wooded habitats with low herbaceous or shrub layer Northern Parula aboveground midstory/

canopy in woodland April July April August May/ June riparian, mature forest Kentucky Warbler ground/

low shrub, low tree or ground May June May June May/ June woodlands Northern Flicker aboveground woodland April July May August woodland, woodland edge Appendix C. Avian Data to Support Guild Selection Insectivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Appendix C, Page 22 of 44 Purple Martin aboveground midstory/

canopy in woodland April June May August May open forest and woodland, riparian Tree Swallow aboveground midstory/

canopy in woodland May June May July May/ June riparian habitat,

woodlands Hairy Woodpecker aboveground midstory/

canopy in woodland March April March April May/ June tree/ shrub,

tree/ herbaceous,

shrub/ herbaceous ecotones Pileated Woodpecker aboveground midstory/

canopy in woodland May June May July May/ June mature conifer forest Ladderbacked Woodpecker aboveground midstory/

canopy in woodland May June May June habitats that provide large shrubs or trees Blue Grey Gnatcatcher aboveground woodland May June May June 2 woodland, shrubland,

prefer edges Carolina Wren ground/

low successional scrub March July April September May/ June 2 dense shrub, brush,

forest, wooded suburb Palm Warbler ground/

low successional scrub May June May June 2 shrub, thicket, mixed coniferous/ deciduous Swainson's Thrush ground/

low woodland April August April August May/ June mixed forest, shrub,

thicket Tufted Titmouse aboveground woodland April June May June April/ May 1 deciduous woodland,

residential woods Appendix C. Avian Data to Support Guild Selection Insectivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Appendix C, Page 23 of 44 Orchard Oriole aboveground woodland June July June August June open woodlands,

orchards Rose Breasted Grosbeak aboveground woodland May July May July open woods, edge habitat, brush Yellow Rumped Warbler aboveground woodland May June May June mixed deciduous/ coniferous forest, edge White Eyed Vireo ground/

low successional shrub April July April August May/ June riparian, deciduous forestland, residential areas Appendix C, Page 24 of 44 Insectivore Body Weight Species Female Weight ( g) Male Weight ( g)

Average SD Min Max Average SD Min Max Species that are In Field Habitat Users feeders/ nesters Common Nighthawk 64 60 Eastern Meadowlark 78 102 11.2 Killdeer 101 87.7 121 92.1 10.4 83.9 109 Edge Species   May feed in or above fields but likely nest in edge habitats Barn Swallow 18.6 1.49 13.4 23.4 19.6 1.49 13.4 23.4 Eastern Kingbird 39.5 1.85 35.8 40.8 39.5 1.85 35.8 40.8 Arcadian Flycatcher 12.9 0.77 9.9 16.1 12.9 0.77 9.9 16.1 Scissor Tailed Flycatcher 43.2 4.5 36.3 56.3 43.2 4.5 36.3 56.3 Downy Woodpecker 27 0.19 20.7 32.2 27 0.19 20.7 32.2 Northern Rough Winged Swallow 15.9 0.58 10.3 18.3 15.9 0.58 10.3 18.3 Eastern Phoebe 19.8 7.47 11.4 24.4 19.8 7.47 11.4 24.4 Blue Grosbeak 27.5 26.1 29.8 29.3 1.42 27 31.4 Chimney Swift 23.6 0.3 17 29.8 23.6 0.3 17 29.8 Cliff Swallow 21.6 2.04 17.5 26.7 21.6 2.04 17.5 26.7 Eastern Bluebird 31.8 0.92 31.8 0.92 European Starling 79.9 84.7 Common Yellowthroat 9.9 0.78 7.6 15.9 10.3 0.66 7.6 15.5 Yellow Warbler 9.2 0.59 7.4 16 9.8 0.68 7.9 12.8 Black Capped Chickadee 10.8 1.38 8.2 13.6 10.8 1.38 8.2 13.6 Blue Grey Gnatcatcher 6 0.13 4.8 8.9 6 0.13 4.8 8.9 House Wren 10.9 0.8 8.9 14.2 10.9 0.8 8.9 14.2 Indigo Bunting 14.1 1.41 11.2 18.6 14.9 1.39 12.3 21.4 Prairie Warbler 7.3 0.88 5.7 10.8 8 0.87 6.1 10.1 Red Eyed Vireo 17.9 0.66 16 21.1 17.9 0.66 16 21.1 Insectivore Body Weight Species Female Weight ( g) Male Weight ( g)

Average SD Min Max Average SD Min Max Appendix C, Page 25 of 44 Orchards and Tree Crops Species Eastern Wood Pewee 14.1 0.91 10.4 18.2 14.1 0.91 10.4 18.2 Great Crested Flycatcher 33.5 3.01 27.2 39.6 33.5 3.01 27.2 39.6 Downy Woodpecker 27 0.19 20.7 32.2 27 0.19 20.7 32.2 White Breasted Nuthatch 21.1 2.39 18.5 26.7 21.1 2.39 18.5 26.7 Yellow Billed Cuckoo 64 9.07 50 85.5 64 9.07 50 85.5 Wood Thrush 47.4 4.17 39.2 57.7 47.4 4.17 39.2 57.7 Carolina Chickadee 9.8 0.59 10.5 0.72 Scarlet Tanager 28.6 0.22 17.5 35.2 28.6 0.22 17.5 35.2 Yellow Throated Vireo 18 1.63 15.6 21.4 18 1.63 15.6 21.4 Summer Tanager 29.8 1.2 29.8 1.2 Bell's Vireo 8.5 0.55 7.4 9.8 8.5 0.55 7.4 9.8 Yellow Breasted Chat 25.1 1.54 20.2 33.9 25.5 1.43 20.3 31.7 Chipping Sparrow 12 12 Northern Parula 8.6 7.1 10.2 8.6 7.1 10.2 Kentucky Warbler 13.7 0.59 11.4 16.5 14.3 0.59 12 20.6 Northern Flicker 129 7.67 106 164 135 6.37 114 160 Purple Martin 49.4 1.49 49.4 1.49 Tree Swallow 20.1 1.58 15.6 25.4 20.1 1.59 15.6 25.4 Hairy Woodpecker 62.5 1.98 59.3 65.9 70.3 3.2 60.8 79.6 Pileated Woodpecker 266 250 284 308 308 309 Ladderbacked Woodpecker 30.3 3.55 25 41.4 30.3 3.55 25 41.4 Blue Grey Gnatcatcher 6 0.13 4.8 8.9 6 0.13 4.8 8.9 Carolina Wren 21 1.15 21 1.15 Palm Warbler 10.3 0.47 7 12.9 10.3 0.47 7 12.9 Swainson's Thrush 30.8 1.83 21.9 50.7 30.8 1.83 21.9 50.7 Insectivore Body Weight Species Female Weight ( g) Male Weight ( g)

Average SD Min Max Average SD Min Max Appendix C, Page 26 of 44 Tufted Titmouse 21.6 17.5 26.1 21.6 17.5 26.1 Orchard Oriole 19.6 1.77 16 25.1 19.6 1.77 16 25.1 Rose Breasted Grosbeak 45.6 0.4 35.4 65 45.6 0.4 35.4 65 Yellow Rumped Warbler 12.2 1.29 9.9 15.3 12.9 0.76 10.6 16.7 White Eyed Vireo 11.4 10 14.3 11.4 10 14.3 Appendix C, Page 27 of 44 Insectivore Feeding Behavior Species Primary Food Feeding Strategy Forage Range ( ft) % Time found in edge 1 % Time found in fields1 Habitat Avg Min Max Species that are In Field Habitat Users feeders/ nesters Common Nighthawk insects flycatches 1183 3724 16 84 savanna, grassland, fields,

riparian, terrestrial, lowland Eastern Meadowlark insects ground or in low herbaceous vegetation 322 200 459 11 89 grassland, pastures, hayfields Killdeer insects ground or in low herbaceous vegetation 4752 0 100 savannahs, agricultural,

shorelines Edge Species   May feed in or above fields but likely nest in edge habitats Barn Swallow insects aerial 1300 71 29 open habitats of all kinds Eastern Kingbird insects aerial 1300 55 45 prairie, agricultural,

residential, savannah Arcadian Flycatcher insects hawks aerially 190 144 230 100 0 riparian habitat, woodland edge Scissor Tailed Flycatcher insects hawks aerially 220 298 50 50 prairies, shrubland Downy Woodpecker insects bark of trees 264 333 93 7 woodlands, woodland edge Northern Rough Winged Swallow insects flycatches 0 100 brushland, woodland, forest,

grassland, meadows, pasture,

croplands Eastern Phoebe insects flycatches 525 100 0 woodlands, edge Blue Grosbeak insects forages on ground or in low shrub/ trees 458 275 461 71 29 low riparian, croplands,

herbaceous habitats Chimney Swift insects gleans from canopy 30 70 woodlands, edges,

grasslands, shrubs, fields,

human structures Cliff Swallow insects gleans from ground, low foliage 10560 21120 1 99 open habitats Insectivore Feeding Behavior Species Primary Food Feeding Strategy Forage Range ( ft) % Time found in edge 1 % Time found in fields1 Habitat Avg Min Max Appendix C, Page 28 of 44 Eastern Bluebird insects ground or in low herbaceous vegetation 1320 24 76 open land, parks, gardens,

hedges European Starling insects ground or in low herbaceous vegetation 3960 49 51 fields with vegetation Common Yellowthroat insects shrubs or low canopy of trees 222 83 17 briars, weeds, agricultural Yellow Warbler insects shrubs or low canopy of trees 1600 100 0 farmland, forest edge,

suburb, marsh edge Black Capped Chickadee insects shrubs or low canopy of trees 391 428 92 8 woodlands, prefer edge habitat Blue Grey Gnatcatcher insects shrubs or low canopy of trees 132 175 woodland, shrubland, prefer edges House Wren insects shrubs or low canopy of trees 116 32 227 83 17 woodlands, suburbs, edge habitat Indigo Bunting insects shrubs or low canopy of trees 222 116 523 70 30 scrub, deciduous woods,

swamp Prairie Warbler insects 100 0 shrubland habitat Red Eyed Vireo insects 100 0 prairies, shrubland Orchards and Tree Crops Species Eastern Wood Pewee insects aerial 169 290 forest, orchards, woodland edge habitat Great Crested Flycatcher insects aerial 280 96 4 wooded areas, groves Downy Woodpecker insects bark of trees 264 333 93 7 woodlands, woodland edge White Breasted Nuthatch insects bark of trees 153 174 mixed deciduous/ coniferous forest, edge Insectivore Feeding Behavior Species Primary Food Feeding Strategy Forage Range ( ft) % Time found in edge 1 % Time found in fields1 Habitat Avg Min Max Appendix C, Page 29 of 44 Yellow Billed Cuckoo insects foliage 581 woodlands, forests, thickets Wood Thrush insects gleans and probes ground 52 310 100 0 deciduous and mixed forests Carolina Chickadee insects gleans food from foliage 92 8 dense woodlands Scarlet Tanager insects gleans from canopy, shrubs or ground 100 0 deciduous and mixed forests Yellow Throated Vireo insects gleans from foliage and branches 425 100 0 water/ woodland ecotone Summer Tanager insects gleans from foliage/ bark,

hawks aerially 241 100 0 riparian habitat Bell's Vireo insects gleans from foliage and branches 167 204 100 0 dense riparian thickets Yellow Breasted Chat insects gleans from ground, low foliage and shrubs 131 185 91 9 thickets near water, riparian woodlands Chipping Sparrow insects gleans from ground/ low foliage 82 118 100 0 wooded habitats with low herbaceous or shrub layer Northern Parula insects gleans from vegetation 117 144 100 0 riparian, mature forest Kentucky Warbler insects gleans insects from shrubs and small trees 70 100 0 woodlands Northern Flicker insects ground or in low herbaceous vegetation 739 71 29 woodland, woodland edge Purple Martin insects hawks aerially 0 100 open forest and woodland,

riparian Tree Swallow insects hawks aerially 0 100 riparian habitat, woodlands Hairy Woodpecker insects probes bark 310 288 333 100 0 tree/ shrub, tree/ herbaceous,

shrub/ herbaceous ecotones Insectivore Feeding Behavior Species Primary Food Feeding Strategy Forage Range ( ft) % Time found in edge 1 % Time found in fields1 Habitat Avg Min Max Appendix C, Page 30 of 44 Pileated Woodpecker insects probes bark 2633 4079 100 0 mature conifer forest Ladderbacked Woodpecker insects probes trees, gleans from vegetation 100 0 habitats that provide large shrubs or trees Blue Grey Gnatcatcher insects shrubs or low canopy of trees 132 175 woodland, shrubland, prefer edges Carolina Wren insects shrubs or low canopy of trees 143 164 83 17 dense shrub, brush, forest,

wooded suburb Palm Warbler insects shrubs or low canopy of trees 5370 84 16 shrub, thicket, mixed coniferous/ deciduous Swainson's Thrush insects shrubs or low canopy of trees 132 174 mixed forest, shrub, thicket Tufted Titmouse insects shrubs or low canopy of trees 200 96 4 deciduous woodland,

residential woods Orchard Oriole insects upper canopy of trees 169 67 33 open woodlands, orchards Rose Breasted Grosbeak insects upper canopy of trees 459 50 50 open woods, edge habitat,

brush Yellow Rumped Warbler insects variable 164 83 17 mixed deciduous/ coniferous forest, edge White Eyed Vireo insects 98 2 riparian, deciduous forestland, residential areas 1. MRID 41110601 MRID 40149501 MRID 41742701 MRID 41110701 Appendix C, Page 31 of 44 Granivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Species that are In Field Habitat Users feeders/ nesters Horned Lark ground/

low grassland February July March August May 2 prairies, fields,

shoreline beaches Savannah Sparrow ground/

low grassland April July April July May/ June 2 prairie, agricultural,

residential, oak savanna Upland Gamebird Subsection Ring Necked Pheasant ground/

low grassland March April March April 1 cropland, grain fields, grasslands Edge Species   May feed in or above fields but likely nest in edge habitats Painted Bunting ground/

low successional shrub April August April August May July open areas with brush, thickets and shrub American Crow aboveground shrub or midstory/

canopy March July March July May/ June woodlands, riparian,

orchards, pastures,

grassland, cropland Common Ground Dove ground/

low shrub, low tree or ground January November January November shrubland, agricultural, undeveloped areas White Throated Sparrow ground/

low successional shrub May August May August riparian areas, weedy fields, residential gardens Abert's Towhee ground/

low successional shrub March August April September May July dense riparian thickets Lazuli Bunting ground/

low successional shrub April August April August open brushlands,

thickets, shrublands Granivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Appendix C, Page 32 of 44 Brown

Headed Cowbird aboveground paratizes aboveground nests April August April August 30 eggs/

season grassland, fields,

pasture, prefer edges Common Grackle aboveground woodland March July April July May/ June 2 farmlands, orchards,

swamps, open areas House Sparrow aboveground buildings or woodland March March March March March 2 or 3 farms, residential,

urban, humanmodified Mourning Dove aboveground shrub or woodland February September March October May/ June 2 to 6 farms, scrub,

grassland, roadsides Rock Dove aboveground buildings or woodland year round year round year round year round March September multiple agricultural, open shrub, urban, rural Field Sparrow ground/

low successional scrub April September April September 2 or 3 brush, shrubs, areas with scattered trees Northern Bobwhite ground/

low successional scrub March September April October June 2 temperate forest,

grassland Red Winged Blackbird ground/

low shrub or woodland March July April August 2 or 3 marsh, prairie White Crowned Sparrow ground/

low successional scrub May September May September 2 or 3 coniferous trees at edge of open area Northern Cardinal ground/

low successional scrub March July April August May/ June multiple wood edges,

hedgerows,

vegetation in suburb Yellow

Headed blackbird low/ ground dense emergent vegetation April July April July wetlands, shorelines and in nearby open fields Granivore Nesting Behavior Species Nesting Habit Nesting Location Start nesting w/ eggs End nesting w/

eggs Start nesting w/

nestlings End nesting w/

nestling Peak of nesting season Brood Numbers Habitat Appendix C, Page 33 of 44 American Goldfinch aboveground successional scrub July August July September 1 weedy fields,

cultivated lands,

roadsides Song Sparrow ground/

low successional scrub April April April April April 2 open brush, pastures,

woodland edge Appendix C, Page 34 of 44 Granivore Body Weight Species Female Weight ( g) Male Weight ( g)

Average SD Min Max Average SD Min Max Species that are In Field Habitat Users feeders/ nesters Horned Lark 30.8 31.9 Savannah Sparrow 19.5 2.29 20.6 13.5 Upland Gamebird Subsection Ring Necked Pheasant 953 1453 619 1861 Edge Species   May feed in or above fields but likely nest in edge habitats Painted Bunting 15 12.9 19 16.1 13.3 19 American Crow 438 458 Common Ground Dove 30.1 0.35 22.4 41.2 30.1 0.35 22.4 41.2 White Throated Sparrow 29.5 2.18 19 35.4 25.9 2.18 19 35.4 Abert's Towhee 44.8 2.9 39.5 51 47.1 3.29 40 54.1 Lazuli Bunting 15 12.7 18.9 16 13 19.5 Brown Headed Cowbird 38.8 1.93 30.5 51.2 49 1.77 32.4 58 Common Grackle 100 127 House Sparrow 27.4 2.24 20.1 34.5 28 1.55 20 34 Mourning Dove 115 1.76 123 1.85 Rock Dove 54.2 37.2 542 37.2 Field Sparrow 12.5 1.47 10.2 16.5 12.5 1.47 10.2 16.5 Northern Bobwhite 178 178 Red Winged Blackbird 41.5 2.74 29 55 63.6 4.43 52.9 81.1 White Crowned Sparrow 28.2 1.72 21 38.5 28.2 1.72 21 38.5 Northern Cardinal 43.9 4.53 33.6 64.9 45.4 4.29 33.7 63.2 Yellow Headed Blackbird 49.3 4 42.4 56 79.7 72.5 85.5 American Goldfinch 12.6 0.81 10 17.1 13.2 1.13 8.6 20.7 Song Sparrow 20.5 1.54 11.9 26.1 21 1.17 18.2 29.8 Appendix C, Page 35 of 44 Granivore Feeding Behavior Species Primary Food Feeding Strategy Forage Range ( ft) % Time found in edge % Time found in fields Habitat Avg Min Max Species that are In Field Habitat Users feeders/ nesters Horned Lark seeds ground or in low herbaceous vegetation 116 428 18 82 prairies, fields, shoreline beaches Savannah Sparrow seeds ground or in low herbaceous vegetation 42 206 72 28 prairie, agricultural,

residential, oak savanna Upland Gamebird Subsection Ring Necked Pheasant seeds ground or in low herbaceous vegetation 3263 96 4 cropland, grain fields,

grasslands Edge Species   May feed in or above fields but likely nest in edge habitats Painted Bunting seeds forages on ground 72 28 open areas with brush,

thickets and shrub American Crow seeds gleans from ground 13123 100 0 woodlands, riparian,

orchards, pastures, grassland,

cropland Common Ground Dove seeds gleans from ground 83 131 100 0 shrubland, agricultural,

undeveloped areas White Throated Sparrow seeds gleans from ground 185 83 331 100 0 riparian areas, weedy fields,

residential gardens Abert's Towhee seeds gleans from ground and shrubs 193 298 50 50 dense riparian thickets Lazuli Bunting seeds gleans from low foliage or ground, also hawks aerially 50 50 open brushlands, thickets,

shrublands Brown Headed Cowbird seeds ground or in low herbaceous vegetation 14256 40 60 grassland, fields, pasture,

prefer edges Common Grackle seeds ground or in low herbaceous vegetation 148 56 44 farmlands, orchards,

swamps, open areas House Sparrow seeds ground or in low herbaceous vegetation 100 10560 91 9 farms, residential, urban,

human modified Granivore Feeding Behavior Species Primary Food Feeding Strategy Forage Range ( ft) % Time found in edge % Time found in fields Habitat Avg Min Max Appendix C, Page 36 of 44 Mourning Dove seeds ground or in low herbaceous vegetation 5280 68 32 farms, scrub, grassland,

roadsides Rock Dove seeds ground or in low herbaceous vegetation 150 0 100 agricultural, open shrub,

urban, rural Field Sparrow seeds ground or in low herbaceous vegetation 100 285 89 11 brush, shrubs, areas with scattered trees Northern Bobwhite seeds ground or in low herbaceous vegetation 106 75 25 temperate forest, grassland Red Winged Blackbird seeds ground or in low herbaceous vegetation 100 42 58 marsh, prairie White Crowned Sparrow seeds ground or in low herbaceous vegetation 227 264 3 97 coniferous trees at edge of open area Northern Cardinal seeds,

fruit ground or in low herbaceous vegetation 116 66 34 wood edges, hedgerows,

vegetation in suburb Yellow Headed Blackbird seeds often hawks flying insects,

gleans from vegetation 5280 70 30 wetlands, shorelines and in nearby open fields American Goldfinch seeds shrubs or low canopy of trees 900 2640 62 38 weedy fields, cultivated lands, roadsides Song Sparrow seeds shrubs or low canopy of trees 312 73 27 open brush, pastures,

woodland edge Appendix C, Page 37 of 44 References Armstrong EA. 1955. The wren. W. Collins & Sons, London. 312pp.

Baskett, Sayre, Tomlins, Sayre. Ecology and management of the Mourning Dove.

Stackpole Books, Harrison P., 1993.

Beason RC and Franks EC. 1974. Breeding behaviour of the horned lark. Auk. 91: 65 74.

Bent AC. 1940. Life histories of North American cuckoos, goatsuckers, hummingbirds,

and their allies. US Natl Mus Bull 176. 506pp Bent A. Life histories of North American Flycatchers, Larks, Swallows and their Allies.

Smithsonian Institute. Bulletin 179.

Best et al. 1989. Use of cornfields by birds during the breeding season: the importance of edge habitat. American Midland Naturalist. 123: 84 99.

Chilton G, Baker MC, Barrentine CD and Cunningham MA. 1995. White crowned Sparrow. The Birds of North America. No. 83. The American Ornithologist's Union.

Coutlee EL. 1967. Agonistic behaviour in the American goldfinch. Wilson Bull. 75: 342 357.

Dechant JA, Sondreal ML, Johnson DH, Igl LD, Goldade CM, Parkin BD and Euliss BR.

1999. Effects of management practices on grassland birds: Field Sparrow. Northern Prairie Wildlife Research Center,

Jamestown, ND. 20p.

DeGraaf RM and Rudis DD. 1986. New England Wildlife: habitat, natural history, and Appendix C, Page 38 of 44 distribution. Gen. Tech. Rep. NE 108. Broomall, PA: USDA, Forest Service, Northeastern Forest Experiment Station.

491p DeGraaf RM, Whitman GM, Lanier JW, Hill BJ, and Keniston JM 1975. Forest habitat for birds of the northeast. United States Forest Service and Department of Agriculture.

Dimmick RW. 1992. Northern bobwhite. Section 4.1.2. US Army Corps of Engineers wildlife resources manual EL 92 18.

Dunning JB. 1984. Body weights of 686 species of North American Birds. Western Bird Banding Association, Monograph No. 1.

Ellison WG. 1992. Birds of North America. No 23. The American Ornithologists's Union.

Erlich P, Dobkin D, Wheye D. 1988. The Birders Handbook: a Field Guide to the Natural History of North American Birds. New York: Simon and Schuster Inc.

Feare C. 1984. The Starling. Oxford University Press, Oxford.

Fergus, Charles. 2001. Flycatchers. Pennsylvania Game Commission Publication.

http:// sites. state. pa. us/ PA_ Exec/ PGC/ pubs/ w_ notes/ flycatch. htm Fisher C and Acorn J. 1998. Birds of Alberta. Lone Pine Publishing, Edmonton.

Fitch HS. 1958. Home ranges, territories and seasonal movements of vertebrates of the Natural History Reservation. Univ. Kansas, Lawrence. Publ. Mus. Nat. Hist. 11: 63 326.

Gaines D. 1974. Review of the status of the Yellow billed Cuckoo in California:

Sacramento Valley populations. Condor 76: 204 209. Appendix C, Page 39 of 44 Goldman P. 1975. Hunting behaviour of eastern bluebirds. Auk. 92: 798 801.

Gough GA, Sauer JR, Iliff M. Patuxent Bird Identification Infocenter. 1998. Version 97.1. Patuxent Wildlife Research Center, Laurel, MD. http:// www. mbr pwrc. usgs. gov/ Infocenter/ infocenter. html.

Grinnell and Miller. 1944. The distribution of the birds of California. Pac. Coast Avifauna No. 27. 608pp.

Hamel et al. 1982. Bird habitat relationships on southeasterh forest lands. Gen. Tech Rep. SE 22. Asheville, NC: US. Department of Agriculture, Forest Service, Southeastern Forest Experiment Station. 417p Hayman et al. 1986. Shorebirds: An Identification Guide to the Waders of the World.

Houghton Mifflin Co., Boston Hering L. 1968. Reproductive behaviour of white breasted nuthatches. I. Distraction display, bill sweeping and nest holde defense. Auk 85: 477 92.

Hespenheide HA. 1964. Competition and the Genus Tyrannus. Wilson Bull. 76: 265 281.

Hirth et al. 1969. A field guide to the nests, eggs and nestlings of North American birds.

W. Collins Sons and Co., Cleveland, OH. 416p Howard RD. 1974. The influence of sexual selection and interspecific competition on mockingbird song. Evolution. 28: 428 438.

Johnsgard PA. 1973. Grouse and quails of North America. Univ. Nebraska Press, Lincoln. 553p.

Johnson LS. 1998. House Wren. No 380. Pp. in A. Poole and F. Gille, ed., The Birds of North America, The Birds of North America, Inc., Philadelphia PA. Appendix C, Page 40 of 44 Johnston DW. 1949. Populations and distribution of summer birds of Latah County,

Idaho. Condor. 51: 140 149.

Johnston RF. Birds of North America No. 13. 1992. The American Ornithologist's Union.

Kendeigh SC. 1941a. Birds of a prairie community. Condor. 43: 165 174.

Kendeigh SC. 1941b. Territorial and mating behaviour of the house wren. Illinois Biol.

Monogr. 18: 1 120.

Kessell B. 1957. A study of the breeding biology of the European starling in North America. Am. Midl. Nat. 58: 257 331.

Kingery HE. 1962. Coastal chaparral. Pages 534 535 in GA Hall, ed. Twenty sixth breeding bird census. Aud. Field Notes. 16: 518 540.

Kok OB. 1972. Breeding success and territorial behaviour of male grackles. Auk. 89: 528 540.

Lanyon WE. 1956b. Territory in the meadowlarks, Genus Sturnella. Ibis. 98: 485 489.

Laudenslayer WF and Balda RP. 1976. Breeding bird use of a pinyon juniper ponderosa pine ecotone. Auk. 93: 571 586.

Lawrence LK. 1967. 1967. A comparative life history study of four species of woodpeckers. Ornithol. Monogr. No. 5. 156pp.

Lowther PE. The Birds of North America. No. 47. 1992. The American Ornithologist's Union.

Middleton ALA. Birds of North America No. 80. 1993. The American Ornithologist's Union. Appendix C, Page 41 of 44 MRID 41110601, Jorgensen, C. D., R. C. Whitmore, G. M. Booth, M. W. Carter, and H. D. Smith. 1989 ( 24 May). Effects of Furadan 4F on birds associated with Nebraska and Texas/ New Mexico corn fields ( A87 2308/ 2309). Unpub. rep. by Environmental Labs, Inc. Submitted 26 May 1989 by FMC Corp., Philadelphia, PA. 751 pp. [ MRID 411106 01]

MRID 40149501, Booth, G. M., M. W. Carter, D. L. Fischer, C. D. Jorgenson. 1987. Effects of furdan formulations 10G and 15G on birds associated with Florida and Texas cornfields( A86 2227/ A86 2228). Unpub. Rep. By Environmental labs, Inc.

Submitted by FMC Corp., Philadelphia, PA. 363 pp. [ MRID 40149501]

MRID 41742701, Booth, G. M., M. W. Carter, J. R. Parrish, and B. J. Collings. 1990 ( Dec). Field study using Furadan 15G to determine the effects of granule exposure reduction measures on granular distributon and related avian mortality ( A90 3147).

Unpub. Rep. By Environmental labs, Inc. Submitted by FMC Corp., Philadelphia, PA. 257 pp. [ MRID 41742701]

MRID 41110701, Booth, G. M., L. B. Best, M. W. Carter, and C. D. Jorgensen. 1989 ( 23 May). Effects of Furadan 4F on birds associated with Kansas and Oklahoma alfalfa fields ( A87 2306/ 2307). Unpub. rep. by Environmental Labs, Inc. Submitted by FMC Corp., Philadelphia, PA. 810 pp. [ MRID 411107 01]

Morse DH. 1976. Variables affecting the density and territory size of breeding sprucewoods warblers. Ecology 57: 290 301.

Morton ML, Horstmann JL, and Osborn JM. 1972. Reproductive cycle and nesting success of the mountain white crowned sparrow. in the Central Sierra Nevada. Condor 74: 152 163.

National Geographic Society. 1999. Field Guide to the Birds of North America. Third Edition, Washington, DC. p354.

Nicholson DJ. 1937. Notes on the breeding on ground doves in Florida. Wilson Bull. 49: 101 114.

Nickell WP. 1951. Studies of habitats, territory and nests of the eastern goldfinch. Auk 68: 447 470. Appendix C, Page 42 of 44 Odum EP. 1941. Annual cycle of the black capped chickadee. Auk 58: 314 333.

Odum EP and Kuenzler EJ. 1955. Measurement of territory and home range size in birds. Auk. 72: 128 137.

Palmer EL and Fowler HS. 1995. A fieldbook of natural history. Second edition. New York: McGraw Hill, Inc.

Payne R. 1992. The Birds of North America, No. 4, Indigo Bunting. Poole, Stettenheim and Gill, editors.

Peer BD and Bollinger EK. 1997. Common Grackle. In the Birds of North America, No.

271 ( Poole and Gill, eds). The Academy of Natural Sciences, Philadelphia PA,

and the American Ornithologist's Union, Washington, DC.

Phillips RE. 1972. Sexual and agonistic behaviour in the killdeer. Anim. Behav. 20: 1 9.

Pravosudov VV and Grubb TC. 1993. The Birds of North America, no. 54. The American Ornithologist's Union.

Putnam LL. 1949. The life history of the cedar waxwing. Wilson Bull. 61: 141 182.9 Reilly EM. 1968. The Audubon Illustrated Handbook of American Birds. McGraw Hill,

New York. p307 308 Rising JD. 1996. A guide to the Identification and Natural History of the Sparrows of the United States and Canada. Academic Press, San Diego.

Root RB. The niche exploitation pattern of the blue grey gnatcatcher. Ecol. Monogr. 37: 317 350. Appendix C, Page 43 of 44 Rothstein SI, Verner J, and Stevens E 1984. Radio tracking confirms a unique diurnal pattern of spatial occurrence in the parasitic brown headed cowbird. Ecology. 65( 1): 77 88.

Ryser F. 1985. Birds of the Great Basin: A Natural History. Univ. of Nevada Press, Reno, NV.

Searcy and Yasukawa. 1995. Excerpt from The Birds of North America No. 184 ( A Poole and F Gill eds). The Academy of Natural Sciences, Philadelphia, PA, and the American Ornithologists' Union, Washington, DC.

Slud P. 1964. The birds of Costa Rica: Distribution and Ecology: Bulletin of the American Museum of Natural History. 128: 5 430.

Smith SM. 1976. Ecological aspects of dominance hierarchies in black capped chickadees. Auk.

93: 95 107.

Smith SM. 1993. Birds of North American No. 39. 1993. The American Ornithologist's Union.

Snapp BD. 1976. Colonial breeding in the barn swallow and its adaptive significance.

Condor 78: 471 480.

Stewart RE. 1953. A life history study of the yellow throat. Wilson Bull. 65: 99 115.

Stokes D and Stokes L. 1996. Stokes Field Guide to Birds ( Eastern Region). Little,

Brown and Company, New York.

Terres J. 1980. The Audubon Society: Encyclopedia of North American Birds.

Alfred A Knof, New York.

Texas Parks and Wildlife. 2000. Birds of Texas Fact Sheet: Northern Cardinal.

http:// www. tpwd. state. tx. us/ factsheets/ birds/ cardinal_ northern/ northern_ cardinal. htm Appendix C, Page 44 of 44 Texas Parks and Wildlife. 2000. Birds of Texas Fact Sheet: Red bellied Woodpecker.

http:// www. tpwd. state. tx. us/ factsheets/ birds/ red_ bellied_ woodpecker/ red_ bellied_ woodpkr. htm Thomas JW, ed. 1979. Wildlife habits in managed forests: The Blue Mountains of Oregon and Washington. USDA, Forest Service,

Portland, OR. Agric. Handb. NO. 553. 521p.

Tomlinson et al. 1960. Migrational homing, local movement, and mortality of mourning doves in Missouri. Trans. North Am. Wildl. and Nat. Resour. Conf. 25: 253 267.

USGS et al. 2000. " Yellow Warbler." Available Online: http:// www. mbr. nbs. gov Van Wormer, J. 1968. The World of the Canadian Goose. Lippincott, Philadelphia, Penn.

Wheelwright NT and Rising JD. 1993. Savannah Sparrow In the Birds of North America, No. 45 ( A Poole and F Gill eds). The Academy of Natural Sciences, Philadelphia, PA, and the American Ornithologists' Union, Washington, DC.

Will RL. 1973. Breeding success, numbers and movements of house sparrows at McLeansboro, Illinois. Pages 60 78 in SC Kendeigh, ed. A symposium on the house sparrow and European tree sparrow in North America. Ornithol. Monogr. No. 14. 121p.

Williams and Sooter. 1941. Canada goose habitats. Trans. North. Am. Wildl. Conf. : 383 387.

Winkler H, Christie DA, Nurney D. 1995. Woodpeckers: A guide to the woodpeckers of the world. Houghton Mifflin Co., Boston. 406p Zeiner DC, Laudenslayer WF, Mayer KE, White M, eds. 1988 1990. California's Wildlife, Volume II: Birds. http:// www. dfg. ca. gov/ whdab/ html/ lifehisrtbirds. html


[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10548-10549]
[FR Doc No: 2018-04749]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2017-0087]

Reports, Forms, and Record Keeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below is being forwarded to the Office of Management and
Budget (OMB) for review and comments. A Federal Register Notice with a
60-day comment period soliciting comments on the following information
collection was published on November 2, 2017. Two comments were
received. The content of neither comment related to the proposed data
collection.

DATES: Comments must be submitted on or before April 9, 2018.

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for the Office of the Secretary of
Transportation, 725 17th Street NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Ms. Laurie Flaherty, Coordinator,
National 911 Program, Office of Emergency Medical Services, National
Highway Traffic Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, NPD-400, Room W44-322,
Washington, DC 20590,<PHONE_NUMBER>. Please identify the relevant
collection of information by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION:
    Title: Medical Directors Workforce Assessment.
    OMB Control Number: U.S. DOT Docket No. NHTSA-2017-0087.
    Type of Request: New information collection.
    Abstract: With over 50,000 separate Emergency Medical Services
(EMS) agencies and fire departments providing care to millions of
patients each year, a clear description of the training and backgrounds
of those who provide medical direction of EMS services in the U.S. is
surprisingly not available. An estimated 8,500 medical directors serve
20,000 EMS agencies and 30,000 fire departments across the country.
    Public Safety Answering Points that answer 911 calls and provide
emergency medical dispatch, aeromedical services, mass gathering events
such as marathons and concerts, and police departments and their
special operations teams also require medical directors if their
personnel provide emergency care or instruction. Despite a growing
number of trained and now boarded certified EMS physicians, prehospital
medical direction faces several obstacles and unknowns. Currently data
is difficult to identify, but many medical directors are thought to be
from several specialties such as family practice, internal medicine,
and surgery and have little or no EMS experience. In addition,
individuals serving as EMS directors have varying degrees of
involvement with their services. Medical directors' compensation, legal
protections, involvement in research, and education are also largely
unknown.
    Knowing more about the population of EMS medical directors in the
United States would create several benefits. Defining this groups'
demographics, qualifications, number, types and sizes of agencies
served, and their financial compensation and legal protections is
critical to determining trends of employment, identifying professional
and training needs, recognizing barriers for medical directors, and
directing policy and advocacy efforts. Collecting this data is
essential for improving EMS medical direction across the nation and the
National Highway Safety Administration (NHTSA) and other federal
departments would benefit from understanding its prehospital medical
leadership from a national preparedness perspective.
    The goal of the Medical Directors Workforce Assessment is to
investigate and define key attributes of EMS and 911 medical directors
across the United States in order to create a national picture of
prehospital medical direction. The data will be used to establish an
Emergency Medical Services Medical Director Workforce Assessment
(EMSMDWA), which can guide future policy and investment in activities
to support the improvement of prehospital medical direction.
    Affected Public: Under this proposed effort, the respondents would
voluntarily submit data described above utilizing a web-based data
collection tool. Reporting entities are EMS and 911 Medical Directors
of state and local EMS and 911 systems. The total maximum number of
respondents is estimated 350.
    Estimated Number of Respondents: Under this proposed effort,
several forums and organizations known for medical director involvement
will be targeted by the Office of EMS, to respond to an online survey
being developed by the National Association of EMS Physicians, under
the terms of a cooperative agreement (DTNH22-16-H-00007). The total
number of respondents is estimated at 350. This is a one-time survey
and no annual or second survey is planned at this time.
    Estimated Total Annual Burden Hours: NHTSA estimates that the time
required to submit the data described utilizing the web-based tool will
be one hour (no advance preparation, one hour of entry to website) per
reporting entity, for a total of 350 hours for all entities. The
respondents would not incur any reporting costs from the information
collection beyond the time it takes to populate the web-based data
collection tool. The respondents also would not incur any recordkeeping
burden or recordkeeping costs from the information collection.
    The total estimated costs to respondents or record-keepers are
based on the following: The total hour burden of the collection of
information equaling 350 hours.
    Respondents will be EMS and 911 Medical Directors at of State,
local, territorial, and tribal EMS and 911 systems. To estimate
reasonable staff expenses to respond to this information collection,
the Agencies reviewed the Bureau of Labor Statistics (BLS) Occupational
Outlook Handbook and determined that the Physicians and Surgeons
description closely aligns with the positions of personnel responsible
for completing this request. BLS lists a median salary of $208,000 per
year amounting to $100.00 per hour. There are no capital, start-up, or
annual operation and maintenance costs involved in the collection of
information.
    Total cost based on hour's burden equals $35,000.00.
    Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of

information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; (b) the accuracy of the Department's estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility and clarity of the information to be collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Authority:  44 U.S.C. Section 3506(c)(2)(A).

    Issued in Washington, DC, on March 6, 2018.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2018-04749 Filed 3-8-18; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Pages 64416-64417]
[FR Doc No: 2011-26854]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65535; File No. SR-BX-2011-069]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
the Minimum Quantity Order

October 12, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 30, 2011, NASDAQ OMX BX, Inc. (``BX'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by BX. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    BX is filing this proposed rule change to modify the operation of
its Minimum Quantity Order. BX proposes to implement the rule change on
a date that is at least thirty days after the date of the filing, but
prior to November 30, 2011. The text of the proposed rule change is
available at http://nasdaqomxbx.cchwallstreet.com, at BX's principal
office, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In order to provide enhanced functionality, BX is proposing to
modify the functionality of its Minimum Quantity Order. Minimum
Quantity Orders allow a market participant to specify a minimum share
amount that the market participant seeks to obtain; accordingly, a
Minimum Quantity Order will not execute unless the volume of liquidity
available to execute against the order exceeds the designated minimum.
A Minimum Quantity Order provides a means by which a market participant
may avoid partial executions of orders at sizes that it considers
inadequate to achieve its purposes. For example, a market participant
seeking to sell a large position in a trading session with high
volatility may use the order type to avoid selling only a small portion
of the order at the price it considers acceptable.
    Currently, Minimum Quantity Orders must be designated with a time-
in-force of System Hours Immediate or Cancel or Market Hours Immediate
or Cancel. As a result, the order can only be used to ``ping'' the BX
book to see if there is any posted liquidity that would allow the
minimum execution. BX is proposing to remove this restriction so that a
Minimum Quantity Order could post to the book if it cannot be executed
immediately. Once posted, the order will execute if an incoming order
that is marketable against it would satisfy its minimum quantity
requirement. A Minimum Quantity Order that posts to the book is not
displayed. Upon entry, a Minimum Quantity Order must have a size and a
minimum quantity condition of at least one round lot.
    In the event that the shares remaining in the size of a Minimum
Quantity Order following a partial execution are less than the minimum
quantity specified by the market participant entering the order, the
minimum quantity value of the order will be reduced to the number of
shares remaining. Thus, for example, if a market participant entered a
Minimum Quantity Order with a size of 1,000 and a minimum quantity of
500, and the order was marketable against a 600 share order on the
book, the remaining 400 shares of the Minimum Quantity Order would post
to the book with a minimum quantity restriction of 400 shares.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\3\ in general, and with Section
6(b)(5) of the Act,\4\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Specifically, BX believes
that the change to the functioning of the Minimum Quantity Order will
provide market participants with better control over their trading
patterns, thereby providing them with greater potential to improve the
quality of their order executions.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    BX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The changes to the
Minimum Quantity Order will enhance the functionality offered by BX to
its members, thereby promoting its competitiveness with other exchanges
and non-exchange trading venues that already offer similar
functionality.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule 19b-
4(f)(6) thereunder.\6\
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2011-069 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2011-069. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street, NE., Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of BX. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2011-069 and should be submitted on
or before November 8, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26854 Filed 10-17-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Notices]
[Pages 53260-53262]
[FR Doc No: 2018-22956]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2017-E-6715, FDA-2017-E-6721, and FDA-2017-E-6726]

Determination of Regulatory Review Period for Purposes of Patent
Extension; TYMLOS

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for TYMLOS and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department

of Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (see
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
December 21, 2018. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by April 22,
2019. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for
more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before December 21, 2018. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of December 21, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2017-E-6715, FDA-2017-E-6721, and FDA-2017-E-6726 for
``Determination of Regulatory Review Period for Purposes of Patent
Extension; TYMLOS.'' Received comments, those filed in a timely manner
(see ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product TYMLOS
(abaloparatide). TYMLOS is indicated for the treatment of
postmenopausal women with osteoporosis at high risk for fracture.
Subsequent to this approval, the USPTO received patent term restoration
applications for TYMLOS (U.S. Patent Nos. 7,803,770; 8,148,333; and
8,748,382) from Radius Health, Inc., and the USPTO requested FDA's
assistance in determining the patents' eligibility for patent term

restoration. In a letter dated February 8, 2018, FDA advised the USPTO
that this human drug product had undergone a regulatory review period
and that the approval of TYMLOS represented the first permitted
commercial marketing or use of the product. Thereafter, the USPTO
requested that FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
TYMLOS is 4,130 days. Of this time, 3,735 days occurred during the
testing phase of the regulatory review period, while 395 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
January 8, 2006. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was January
8, 2006.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: March 30,
2016. FDA has verified the applicant's claim that the new drug
application (NDA) for TYMLOS (NDA 208743) was initially submitted on
March 30, 2016.
    3. The date the application was approved: April 28, 2017. FDA has
verified the applicant's claim that NDA 208743 was approved on April
28, 2017.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 724 days, 1,123 days, or 1,128 days of patent term
extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: October 16, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-22956 Filed 10-19-18; 8:45 am]
 BILLING CODE 4164-01-P