Lesser Prairie Chicken Interstate Working Group

In 2012 a unique partnership began across the lesser prairie-chicken (LPC) range to work towards avoiding, improving and funding conservation of the species and its habitats. The LPC Interstate Working Group was formed by WAFWA, the State Wildlife Directors of the five states that are home to the Lesser Prairie Chicken and its habitats, the industry (oil, gas, wind, electricity and telecommunications), and the private landowners, farmers and ranchers who live and work within lesser prairie-chicken habitat. The USDA’s Natural Resource Conservation Service (NRCS) and Farm Service Agency (FSA) as well as non-governmental conservation organizations like Pheasants Forever and The Nature Conservancy have joined the partnership to work towards avoiding, improving and funding conservation of LPC and its habitats. 

The rangewide plan was written by the LPC Interstate Working Group to address the species needs, establish population goals, and provide a mechanism for industry to continue operating. This plan brings together the different voluntary conservation programs in the high plains into a common approach to provide for both minimization/mitigation of impacts and conservation of LPC habitat.  The only plan of its kind endorsed by the US Fish and Wildlife Service was incorporated into the Section 4(d) Special rule at the time of  listing in 2014. The plan emphasizes tools and incentives to encourage landowners and others to voluntarily partner with agencies in LPC habitat conservation efforts, while also achieving their land use needs.

Lesser Prairie-Chicken Initiative Council (LPCIC)

The Lesser Prairie-Chicken Initiative Council (LPCIC) was established in 2013 as the governing body for the Range-wide Conservation Plan. Learn more about the LPC Initiative Council (READ HERE).

Timeline

1995 – The U.S. Fish and Wildlife Service (Service) was petitioned to protect the lesser prairie chicken (Tympanuchus pallidicinctus) (LPC) as threatened or endangered under the Endangered Species Act (ESA).

1998. The Service determined that lesser prairie chickens warranted listing under the ESA, but claimed that listing was precluded by the need to first list other species that were higher priorities for protection. The bird was placed on the “candidate species” list.

2008. In the Service’s annual candidate notice of review, the Service changed the species “listing priority number” from an 8 to a 2, reflecting the change in the magnitude of its threats from moderate to high.

2012. On November 30th, the Service issued a proposed rule to list the lesser prairie chicken as a threatened species., with a final determination to be made by September 2013.

2013. The Lesser Prairie-Chicken Range-wide Conservation Plan was developed to provide voluntary conservation for the species, and hopefully preclude the need for final listing. The plan describes a locally controlled and innovative approach for maintaining state authority to conserve the lesser prairie-chicken, as allowed under the Endangered Species Act (ESA).

• Jan. 23 2013 – Draft Plan Presented (PDF, 2 MB) – draft was provided for public review.
• Jan. 24 2013 – Public Meeting (PDF, 1 MB) – public/stakeholder meeting was held in Oklahoma City.

In October of 2013, the final plan was endorsed by the U.S. Fish & Wildlife Service.

2014. Range-Wide Oil and Gas Candidate Conservation Agreement with Assurances for the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) In Colorado, Kansas, New Mexico, Oklahoma and Texas was approved in February of 2014.

2014. On March 27, five months after the range-wide plan was finalized, the Service announced its decision to issue final rules listing the lesser prairie chicken as a threatened species with a special rule under section 4(d) of the Act, and stating that designating critical habitat was not determinable.

• The Lesser Prairie-Chicken Range-wide Conservation Plan was the only plan incorpurated into the Section 4(d) Special rule.

“The final 4(d) special rule provides that take incidental to activities conducted by a participant enrolled in, and operating in compliance with, the Lesser Prairie-Chicken Interstate Working Group’s Lesser Prairie-Chicken Range-Wide Conservation Plan (rangewide plan) will not be prohibited. The Service has included this provision in the final 4(d) special rule in recognition of the significant conservation planning efforts of the five State wildlife agencies within the range of the lesser prairie-chicken.” 79 FR 20073

2015. After a lawsuit by a Texas oil trade group, the Texas court vacated the Service’s rule listing the lesser prairie chicken as threatened.

2016. The Service announced it would not attempt to overturn the 2015 Texas court decision that vacated the final rule listing the lesser prairie-chicken as a threatened species. On July 19, the lesser prairie chicken was officially removed from the endangered species list.

In September 2016, the Service received a new petition to list the lesser-prairie chicken as endangered, and in November 2016, made a 90-day petition finding that the petition provided substantial information that the petitioned action may be warranted.

2019. On June 12, 2019, the petitioners filed a complaint with the court alleging the Service failed to complete the 12-month petition finding for the lesser prairie-chicken. One September 12, 2019, the Service and the plaintiffs entered into a stipulated settlement agreement that the Service would submit a 12- month petition finding to the Federal Register no later than May 26, 2021.

2021. In May, 2021, the Service’s 12-month petition finding proposed to list two distinct population segments (DPS) of the lesser prairie-chicken under the Endangered Species Act (ESA). The Service proposes to list the Southern DPS as an endangered species under the Act and the Northern DPS as a threatened species with a rule issued under section 4(d) of the Act (“4(d) rule”).

Adaptive Management

Plan Revisions

2022 Mitigation Fee Adjustment (PDF, 227 KB)
2021. CCAA Business Plan (PDF, 265 KB)
2017 Remediation Calculation Adjustment (PDF, 297 KB)
2017 Mitigation Fee Adjustment (PDF, 361 KB)
2016 Electric Distribution Guidance (PDF, 1 MB)
2015 Adaptive Mgmt. Changes (PDF, 207 KB)
2015 Impact Buffers (PDF, 86 KB)
2015 Aerial Survey Gap Protocol (PDF, 8 MB)
2015 Evaluation Unit Guidelines (PDF, 274 KB)