1. Paul Weiland Dairy Cares December 2015 TRICOLORED BLACKBIRD

2. DATASET HIGHLIGHTED IN PETITION

3. DATASET DESCRIBED AS COMPARABLE IN DEPARTMENT ADDENDUM

4. FULL HISTORICAL DATASET

5.  Estimation of colonies subject to large margins of error (bias could be up or down)  Surveys extend to only a portion of the range and exclude large areas known to be occupied (uniform downward bias)  Surveys during a very brief period in April miss birds that do not engage in nesting behavior until later in April or May (uniform downward bias)  Surveys are not conducted consistent with best practices (bias could be up or down) SURVEY DATA ARE UNRELIABLE

6.  Survey protocol characterized as consistent but actually inconsistent  A large proportion of the total number of samples in 2014 were surveys conducted in violation of one or more components of the protocol  350 of 802 sites were visited for less than the 15 minute minimum  50 surveys outside the designated survey window  Dozens of sites included do not constitute habitat  Whereas surveyors were asked to report minimum and maximum estimates, those margins were not reported SHORTCOMINGS OF 2008, 2011, AND 2014 SURVEY EFFORTS

7.  “Not suitable habitat. This site is in a riparian forest.”  “Planted in rice; no breeding possible.”  “No nesting substrate. Pasture of mostly non-native grasses.”  “This is a residential neighborhood in Manteca. There is no appropriate habitat around.”  “This is a residential neighborhood in Escalon. No appropriate habitat anywhere around.”  “This is a residential area in Tracy, no appropriate habitat.”  “No TRBL (sic) observed at this site--I didn't even see anything that looked like it could have ever been appropriate habitat. Grasslands with scattered oak trees--no marshes or wetlands around.”  “Fully developed with houses, should be removed from survey routes.”  “Fully developed in housing, no longer viable nesting site.”  “Nesting site here has been fully excavated by Quarry activity, no longer present.”  “There is no longer any breeding habitat here, converted to vineyards.”  “New houses seem to be in the immediate adjacent area, may have more disturbance. No suitable water source.”  “This site is fully developed with houses no longer a viable site.”  “Not suitable habitat. This site is riparian habitat adjacent to Feather River. Recommend site be removed.” SURVEY INCLUDES DOZENS OF SITES THAT ARE NOT HABITAT Source: Tricolored Blackbird Portal entries, see http://tricolor.ice.ucdavis.edu/

8.  Range is consistent with known historical range going back more than a century.  Number of known occupied sites is consistent with number of known occupied sites in recent history (past two decades).  As the estimated number of birds has declined in the San Joaquin Valley accounting for the overall decline reported in the petition, the estimated number of birds has increased in other regions of the state KEY METRICS OVERLOOKED BY PETITIONER

9. NUMBER OF OCCUPIED SITES (NOT REPORTED IN PETITION OR BY DEPARTMENT) These data are reliable and demonstrate near-term stability in the number of sites occupied; they were not reported in the petition These data are unreliable and in any event are within the upper and lower ranges seen in surveys over the past 50 years; they were highlighted in the petition