TOPEKA, Kan. — The U.S. Fish and Wildlife Service (FWS) is delaying the effective date of the final rule to list two distinct population segments (DPS) of the lesser prairie chicken under the Endangered Species Act. The effective date will be extended by 60 days, from January 24, 2023, to March 27, 2023.
According to FWS, during the extension period, it will continue working with interested parties to establish agency-approved grazing management plans that are required for those in the northern DPS. Southeastern Colorado, Kansas, Oklahoma and the northeast Texas Panhandle will be included in this segment and subject to a 4(d) rule, which will only provide exemptions for take associated with grazing practices that follow a management plan developed by an agency-approved third party. The southern DPS, which will cover New Mexico and the southwest Texas Panhandle, will be listed as endangered. Incidental take in this area is not covered by the 4(d) exceptions.
The extension also will allow industry stakeholders more time to participate in or expand voluntary conservation efforts before the primary nesting season of the species. Finally, it will allow for additional pre-listing enrollment in approved conservation tools and plans, including Candidate Conservation Agreements with Assurances and Habitat Conservation Plans.
— Kansas Livestock Association