The U.S. Fish and Wildlife Service (FWS) is likely to propose to list the Lesser Prairie-Chicken (LEPC) as “threatened” at the end of March, according to sources. If the proposed listing happens, the protection and recovery of the species falls directly to the FWS, and the state game and fish agencies will no longer have authority over the LEPC.
The birds are found in an area that spans five states—Texas, Colorado, Kansas, Oklahoma and New Mexico. Penalties could result if the species is listed and disturbances to the birds or their habitat occurs. But landowners do have coverage options.
Prior to listing, a Candidate Conservation Agreement with Assurances (CCAA) gives incidental coverage and it will remain effective post-listing, provided all requirements are met.
The 4(d) rule is another protection route where FWS grants “take” coverage to a certain group, such as farmers and ranchers. The rule provides protection only if a species is listed as threatened. Coverage for native grasslands in LEPC habitat is provided through the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service’s (NRCS) “Working the Lands for Wildlife” program.
The final option is participating in an incidental take permit through an approved Habitat Conservation Plan (HCP), which provides protection whether the species is listed as threatened or endangered.
Two plans that propose to work with industry and agriculture that provide coverage for take and have mitigation strategies for industry are the Western Association of Fish and Wildlife Agencies (WAFWA) Range Wide Plan (RWP) and the Stakeholders Conservation Strategy for Lesser Prairie-Chickens.
The RWP affords 4(d) rule coverage to landowners who have signed an agreement with the RWP to provide conservation that can be used to offset debits from an enrolled industry that need mitigation credits. A small portion of the mitigation fees charged to industry will be used to pay the participating landowner for the conservation that they may currently have or that they have developed. The RWP offers landowners the opportunity to sign short term contracts of 5 or 10 years or establish a permanent conservation easement. Grazing under a “Rangeland Management” contract is allowed and adheres to the graze a third, save two-thirds guideline. Payments to landowners can change each year.
The Stakeholders Conservation Strategy for the Lesser Prairie-Chicken also will enroll industry and mitigates their activity through landowner contracts based on biological assessments of their property and the LEPC conservation credits available. Contracts can range from five to 30 years for term agreements, as well as the option to establish a permanent easement.
The Stakeholders Conservation Strategy contracts will be bid in by the amount of money per year the landowners believe it will take for them to participate and manage the property to meet the conservation requirements of their contract. Once a bid is accepted, the amount paid per credit will not change and payments will be provided on a schedule agreed upon in the contract agreement. Within the Stakeholder plan are provisions to allow a landowner to buy out of the contract if conditions warrant. The plan also includes multiple mechanisms to protect and stabilize landowner income in the event circumstances beyond their control, such as drought, impact the number of credits produced. Participants will be provided incidental take protection for signing a contract and also have coverage for future projects that are deemed to be a take through the Habitat Conservation Plan that is being sought through FWS.
For more information, contact Texas Farm Bureau Associate Director of Commodity and Regulatory Activities Gene Richardson at (254) 751-2263.