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What action is the U.S. Fish and Wildlife Service taking?
After a rigorous review of the best available scientific and commercial information regarding the past, present and future threats, as well as ongoing conservation efforts, the U.S. Fish and Wildlife Service is listing two Distinct Population Segments (DPS) of the lesser prairie-chicken under the Endangered Species Act (ESA). The Southern DPS of the lesser prairie-chicken is being listed as endangered. The Northern DPS of the lesser prairie-chicken is being listed as threatened. The Service is also finalizing a section 4(d) rule designed to conserve the Northern DPS of lesser prairie-chicken while allowing greater flexibility for landowners and land managers.
There has been a substantial decrease in both the abundance and range of the species, primarily as a result of habitat loss and fragmentation caused by a variety of sources. These include, but are not limited to, energy development, conversion of grasslands to cropland, and woody vegetation encroachment into the species’ native grassland habitat. Our Species Status Assessment analysis projects in most future scenarios, when factoring the effects of both conservation efforts and threats, habitat loss and fragmentation will continue to outpace restoration efforts, resulting in additional habitat loss and fragmentation.
What is a distinct population segment?
Under the ESA and the Service’s 1996 DPS policy, populations of vertebrates can be listed individually as threatened or endangered if they are separated or discrete from other populations, and they represent populations with significant biological or ecological value. Once it has been determined that a population has these two elements and therefore meets the definition of a distinct population, the specific population is then evaluated to determine if it meets the definition of either threatened or endangered under the ESA. The ESA protects species, subspecies, and “any distinct population segment of any species of vertebrate fish or wildlife” that are endangered or threatened.
Why is the Service listing two distinct population segments?
Once the Service determined that the two segments met the criteria to be considered DPSs, we then evaluated each DPS to determine whether either met the definition of threatened or endangered. Within both the Northern DPS and the Southern DPS, population resiliency has been negatively impacted by habitat loss and fragmentation. Population estimates reveal that the Southern DPS has low resiliency and may have as few as 5,000 birds remaining, with the estimates dropping to as low as 1,000 birds in 2015 and 2022 following drought conditions.
Under current climatic conditions, another wide-scale severe drought could occur in this ecoregion at any time. Overall, the lesser prairie-chickens in the Southern DPS are likely to continue to experience declines in resiliency, redundancy, or representation.
Resiliency of populations throughout the Northern DPS has decreased from historical levels, although the DPS still has redundancy across the three ecoregions and genetic and environmental representation. However, our future scenario analysis demonstrates that the current threats acting on the landscape are expected to either continue at the same levels or increase in severity in the foreseeable future. Habitat loss is projected to outpace conservation efforts to restore habitat. The remaining habitat in the Northern DPS will become increasingly fragmented and less able to support lesser prairie-chickens. Therefore, after assessing the best available information, the Service concludes that the Northern DPS of the lesser prairie-chicken is not currently in danger of extinction but is likely to become in danger of extinction within the foreseeable future throughout all of its range.
What protections and exceptions are included in the 4(d) rule for the Northern DPS?
The 4(d) rule applies all of the ESA section 9 prohibitions to the Northern DPS, but provides that farmers can continue their routine agriculture activities on existing cultivated lands. In addition, it recognizes the importance of proper grazing management, and includes an exception for those producers who are following a site-specific prescribed grazing plan developed by a qualified party that has been approved by the Service. Lastly, the 4(d) rule also provides an exception for implementation of prescribed burning for grassland management.
The routine agricultural exception provides that take of the lesser prairie-chicken will not be prohibited, provided the take is incidental to activities that are conducted during the continuation of routine agricultural practices on cultivated lands that are in row crop, seed-drilled untilled crop, hay, or forage production. These lands must meet the definition of cropland as defined in 7 CFR 718.2 and must have been cultivated, meaning tilled, planted, or harvested within the five years preceding the proposed routine agricultural practice that may otherwise result in take. Thus, this provision does not include take coverage for any new conversion of grasslands into agriculture.
The prescribed grazing exception provides that take of the lesser prairie-chicken will not be prohibited provided the take is incidental to activities associated with grazing management that are conducted by a land manager who is implementing a site-specific grazing management plan developed by a qualified party. These grazing management plans must be reviewed and adjusted by the author to account for current conditions at a minimum of every five years, must prescribe actions based upon site-specific conditions including but not limited to soils, precipitation, and past management, and must contain drought management measures. This provision only applies to grazing management plans developed by a qualified party approved by the Service for the specific purposes of this 4(d) rule.
The prescribed fire exception provides that take of the lesser prairie-chickens will not be prohibited provided the take is incidental to activities that are conducted to prepare and implement prescribed fire for the purposes of grassland management.
How do I know who has been approved by the Service to develop grazing management plans under the 4(d) rule for the Northern DPS?
The Service will maintain a list of parties who have been approved by the Service to develop grazing management plans for use under the 4(d) rule. This list will continue to be updated and is available at www.fws.gov/lpc.
How does a party get added to the list of approved parties to develop grazing management plans for inclusion under the Northern DPS?
To be added to list of approved parties to develop grazing management plans for inclusion under the 4(d) rule, the party must send a written request to the Service. This request must include a statement of qualifications, a commitment to develop site-specific management plans that incorporate past management, local ecological conditions, soils, and include drought management measures. This written request should be submitted to the Services Lesser Prairie-Chicken Coordinator, Clay Nichols.
What is the Service doing to ensure oil and gas and renewable energy development, ranching, agriculture and other activities can continue under an ESA listing?
The Service has worked to ensure that there are streamlined Endangered Species Act compliance options available for interested parties across the various industries as discussed below:
Within the Southern DPS:
Oil and Gas – Oil and gas producers participating in an existing Candidate Conservation Agreement with Assurances (CCAA) have regulatory assurances for covered activities on enrolled lands. A CCAA provides participants coverage via a permit containing assurances that they will not be required to implement additional conservation measures beyond those in the CCAA. The CCAAs which exist for the lesser prairie-chicken in the Southern DPS that cover oil and gas development are the New Mexico CCAA administered by the Center for Excellence of Hazardous Materials Management and the Western Association of Fish and Wildlife Agencies CCAA. Projects that are not enrolled in an CCAA, that would result in “take” of the lesser prairie-chicken, can be enrolled in the recently approved Oil and Gas Habitat Conservation Plan (HCP) for the lesser prairie-chicken which covers the majority of the five-state range or project proponents can work with the Service to develop their own HCP. The Service has been contacted by other interested parties who are considering developing additional programmatic HCPs which, if finalized, would provide additional options in the future.
Renewable Energy – Projects that would result in “take” of the lesser prairie-chicken can be enrolled in the recently approved Renewable Energy Habitat Conservation Plan (HCP) for the lesser prairie-chicken which covers the majority of the five-state range or project proponents can work with the Service to develop their own HCP. The Service has also been contacted by other interested parties who are considering developing additional programmatic HCPs which, if finalized, would provide additional options in the future.
Grazing – Landowners or land managers operating within the lesser prairie-chicken range in the Southern DPS who are enrolled in their state specific CCAAs already have regulatory assurances for those covered activities as provided through those agreements. If a landowner is not enrolled in an existing CCAA but is interested in Endangered Species Act coverage, they can work with the Service to develop their own HCP.
Within the Northern DPS:
Oil and Gas – Oil and gas producers participating in an existing Candidate Conservation Agreement with Assurances (CCAA) have regulatory assurances for covered activities on enrolled lands. A CCAA provides participants coverage via a permit containing assurances that they will not be required to implement additional conservation measures beyond those in the CCAA. For the Northern DPS, the Western Association of Fish and Wildlife Agencies Oil and Gas CCAA includes coverage for impacts resulting from oil and gas development on the lesser prairie-chicken. Projects that are not enrolled in the CCAA, that would result in “take” of the lesser prairie-chicken, can be enrolled in the recently approved Oil and Gas Habitat Conservation Plan (HCP) for the lesser prairie-chicken which covers the majority of the five-state range or project proponents can work with the Service to develop their own HCP. The Service has been contacted by other interested parties who are considering developing additional programmatic HCPs which, if finalized, would provide additional options in the future.
Renewable Energy – Projects that would result in “take” of the lesser prairie-chicken can be enrolled in the recently approved Renewable Energy Habitat Conservation Plan (HCP) for the lesser prairie-chicken which covers the majority of the five-state range, or project proponents can work with the Service to develop their own HCP. The Service has also been contacted by other interested parties who are considering developing additional programmatic HCPs which, if finalized, would provide additional options in the future.
Grazing – Landowners or land managers implementing livestock grazing operations within lesser prairie-chicken habitat that are interested in coverage for incidental take have a variety of options, dependent upon their location. For landowners operating in lesser prairie-chicken habitat in the Northern DPS, those landowners are eligible for the incidental take exception outlined in the 4(d) rule if they are implementing a prescribed grazing management plan that has been developed by qualified party which has been approved by the Service. In addition, landowners operating within the lesser prairie-chicken range in Oklahoma and Texas who have enrolled their state specific CCAAs already have regulatory assurances for those covered activities as provided through those agreements.
The Service is committed to working collaboratively with industry to achieve infrastructure development goals while also ensuring compliance with the Endangered Species Act. We recommend early consultation by project proponents to identify and recommend ways to avoid potential conflicts. For impacts that cannot be avoided can enroll in the recently approved renewable energy HCP or work with the Service to develop other ESA compliance mechanisms.
Will this listing decision affect construction of new infrastructure within the footprint of existing infrastructure?
Construction of new infrastructure in areas that are already impacted (this includes the direct and indirect impacts) would not result in take and thus will likely not be affected by this listing decision. These activities are taking place in areas that are not suitable habitat for lesser prairie-chicken because the species avoids existing development. As a result, it is unlikely that take of the species would be occurring from these activities.
Will this listing decision affect the operations and maintenance of existing infrastructure, such as power lines?
Operations and maintenance of existing infrastructure will not likely be affected by this listing decision as these activities would not result in take. These activities are taking place in areas that are not suitable habitat for lesser prairie-chicken because the species avoids existing development. As a result, it is unlikely that take of the species would be occurring from these activities.
How did the Service incorporate information submitted during the public review and comment into its analysis and final listing determination?
The Service fully evaluated all information submitted during the public review and comment period, and this information was used to further inform our listing determination. Based upon review of the public comments, state agency comments, peer review comments, and relevant information that became available since the proposed rule published, the Service updated information in our species status assessment report, including:
Adding references on the effects of overhead power lines.
Adding a discussion regarding the effects from competition with ring-necked pheasants.
Updated monitoring information related to the translocation efforts in the Sand Sagebrush Ecoregion.
Updated information related to conservation banks.
Updated information related to previous conservation efforts.
Added discussion regarding the Southern Plains Grassland Program.
Updated information related to New Mexico Department of Game & Fish recent purchase of additional lands to be managed for the lesser prairie-chicken.
Updated current population abundance information using 2021 aerial survey results.
The Service also made changes as appropriate in the final rule. In addition to minor clarifying edits and incorporation of additional information on the species’ biology, populations, and threats, this determination differs from the proposal in the following ways:
We included updated population trend data, including survey data made available since the publication of the proposed rule. Some of these population survey results became available after we finalized the SSA report. Thus, though the SSA report does not include those results, we have added them to the final rule and fully considered them in our determinations on the status of the two DPSs.
We included new and updated conservation actions as submitted by commenters during the open comment period.
Based on comments received from State agencies, local governments, industry groups, and private citizens, we updated the 4(d) rule to include one new exception from the prohibited activities. The new exception is for impacts associated with grazing management when land managers are following a site-specific grazing plan developed by a Service-approved party. When livestock grazing is managed in ways that are compatible with promoting the maintenance of the vegetative characteristics needed by the lesser prairie-chicken, it can be an invaluable tool necessary for managing healthy grasslands benefiting the lesser prairie-chicken.
What are the primary threats to the lesser prairie-chicken?
The lesser prairie-chicken requires large areas of intact native grassland and shrubland to maintain self-sustaining populations. Habitat loss, fragmentation, modification, and degradation have resulted in reduced populations of lesser prairie-chickens, making them especially vulnerable to ongoing impacts on the landscape. Habitat loss and fragmentation resulting from energy development, encroachment of woody vegetation, and other anthropogenic impacts, in combination with the potential loss of Conservation Reserve Program (CRP) acres, may present additional conservation challenges for the lesser prairie-chicken in the future.
Where is the lesser prairie-chicken found?
The lesser prairie-chicken currently occupies a five-state range that includes portions of Colorado, Kansas, New Mexico, Oklahoma, and Texas.
What efforts are currently being taken to protect the lesser prairie-chicken?
For more than two decades, the Service and our partners have been working together conserve this iconic species and its habitat. Together we have developed a suite of conservation tools and plans, including Candidate Conservation Agreements with Assurances (CCAA) and Habitat Conservation Plans (HCP), across the lesser-prairie-chicken's five-state range to protect the species and provide certainty for land owners. These efforts have helped conserve key lesser prairie-chicken habitat across-the five- state range.
Some of the existing key range-wide efforts include:
The Western Association of Fish and Wildlife Agencies (WAFWA) Candidate Conservation Agreement with Assurances (CCAA) for oil and gas.
LPC Conservation LLC’s Habitat Conservation Plans for Renewable Energy and Oil and Gas Development.
The U.S. Department of Agriculture programs such as the Natural Resources Conservation Service (NRCS) Working Lands for Wildlife Lesser Prairie-Chicken Initiative and Farm Service Agency (FSA) Conservation Reserve Program.
In addition, there are numerous conservation efforts being led by state and regional partners including, but not limited to:
Kansas Department of Wildlife Parks and Tourism’s Habitat First.
The Service’s Partners for Fish and Wildlife Program in all five lesser prairie-chicken states.
The Shortgrass Prairie Initiative in Colorado by The Nature Conservancy and Colorado Department of Transportation.
Colorado Parks and Wildlife LEPC Habitat Improvement Program.
U.S. Forest Service (USFS) Cimarron and Comanche National Grasslands management.
Oklahoma Department of Wildlife Conservation LEPC Candidate Conservation Agreement with Assurances (CCAA);
Oklahoma Department of Wildlife Conservation Wildlife Management Areas;
Texas Parks and Wildlife Department LEPC CCAA;
The Nature Conservancy properties in New Mexico;
The New Mexico Candidate Conservation Agreement and CCAA;
The U.S. Bureau of Land Management (BLM) Lesser Prairie-Chicken Habitat Preservation Area of Critical Environmental Concern;
Prairie Chicken Areas owned by New Mexico Department of Game and Fish.
For more information on current conservation efforts for the lesser prairie-chicken, see our “Partners in LPC Conservation” webpage.
