Vol. 79 Thursday, No. 69 April 10, 2014

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Lesser Prairie-Chicken; Final Rule

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DEPARTMENT OF THE INTERIOR Executive Summary additional information, clarifications, This document consists of: (1) A final and suggestions to improve this final Fish and Wildlife Service rule to list the lesser prairie-chicken as listing rule. We sought public comment on the a threatened species; and (2) a finding 50 CFR Part 17 proposed listing rule and the proposed that critical habitat is prudent but not special rule under section 4(d) of the determinable at this time. [Docket No. FWS–R2–ES–2012–0071; Act. During the first comment period, 4500030113] Why we need to publish a rule. Under the Endangered Species Act (Act), a we received 879 comment letters directly addressing the proposed listing RIN 1018–AY21 species may warrant protection through and critical habitat designation. During listing if it is an endangered or Endangered and Threatened Wildlife the second comment period, we threatened species throughout all or a and Plants; Determination of received 56,344 comment letters significant portion of its range. The Act Threatened Status for the Lesser addressing the proposed listing rule, sets forth procedures for adding species Prairie-Chicken proposed special rule, and related to, removing species from or rangewide conservation plan. During reclassifying species on the Federal AGENCY: Fish and Wildlife Service, the third comment period, we received Lists of Endangered and Threatened Interior. 12 comments regarding the proposed Wildlife and Plants. In this final rule, ACTION: Final rule. listing. During the fourth comment we explain why the lesser prairie- period, we received 74 comments, SUMMARY: We, the U.S. Fish and chicken warrants protection under the primarily related to the proposed Wildlife Service, determine threatened Act. This rule lists the lesser prairie- revised special rule. species status for the lesser prairie- chicken as a threatened species chicken (Tympanuchus pallidicinctus), throughout its range. Previous Federal Actions a grassland bird known from The Act provides the basis for our In 1973, the Service’s Office of southeastern Colorado, western Kansas, action. Under the Act, we can determine Endangered Species published a list of eastern New Mexico, western that a species is an endangered or threatened wildlife of the United States Oklahoma, and the Texas Panhandle, threatened species based on any of five in Resource Publication 114, often under the Endangered Species Act of factors: (A) The present or threatened referred to as the ‘‘Red Book.’’ While 1973, as amended (Act). This final rule destruction, modification, or this publication did not, by itself, implements the Federal protections curtailment of its habitat or range; (B) provide any special protections, the provided by the Act for the lesser overutilization for commercial, publication served, in part, to solicit prairie-chicken. Critical habitat is recreational, scientific, or educational additional information regarding the prudent but not determinable at this purposes; (C) disease or predation; (D) status of the identified taxa. The lesser time. Elsewhere in this issue of the the inadequacy of existing regulatory prairie-chicken was one of 70 birds Federal Register, we published a final mechanisms; or (E) other natural or included in this publication (Service special rule under section 4(d) of the manmade factors affecting its continued 1973, pp. 134–135), but little Federal Act for the lesser prairie-chicken. existence. The primary factors regulatory action occurred on the lesser DATES: This rule is effective on May 12, supporting the determination of prairie-chicken until 1995. 2014. threatened status for the lesser prairie- On October 6, 1995, we received a chicken are the ongoing and probable petition, dated October 5, 1995, from the ADDRESSES: Document availability: You future impacts of cumulative habitat Biodiversity Legal Foundation, Boulder, may obtain copies of this final rule on loss and fragmentation. These impacts Colorado, and Marie E. Morrissey the Internet at http:// are the result of: Conversion of (petitioners). The petitioners requested www.regulations.gov at Docket No. grasslands to agricultural uses; that we list the lesser prairie-chicken as FWS–R2–ES–2012–0071 or by mail encroachment by invasive, woody threatened throughout its known from the Oklahoma Ecological Services plants; wind energy development; historical range in the United States. FOR FURTHER Field Office (see petroleum production; and presence of The petitioners defined the historical INFORMATION CONTACT below). Comments roads and manmade vertical structures range to encompass west-central Texas and materials received, as well as including towers, utility lines, fences, north through eastern New Mexico and supporting documentation used in turbines, wells, and buildings. western Oklahoma to southeastern preparing this final rule, are available We requested peer review of the Colorado and western Kansas, and they for public inspection, by appointment, methods used in making our final stated that there may have been small during normal business hours at: U.S. determination. We obtained opinions populations in northeastern Colorado Fish and Wildlife Service, Oklahoma from knowledgeable individuals having and northwestern Nebraska. The Ecological Services Field Office, 9014 scientific expertise in this species or petitioners also requested that critical East 21st Street, Tulsa, OK 74129; related fields (such as range and fire habitat be designated as soon as the telephone 918–581–7458; facsimile ecology, shrub management and grouse needs of the species are sufficiently well 918–581–7467. management) and solicited review of the known. However, from October 1995 FOR FURTHER INFORMATION CONTACT: scientific information and methods that through April 1996, we were under a Alisa Shull, Acting Field Supervisor, we used in developing the proposal. We moratorium on listing actions as a result Oklahoma Ecological Services Field obtained opinions from two of Public Law 104–6, which, along with Office, 9014 East 21st Street, Tulsa, OK knowledgeable individuals with a series of continuing budget 74129; by telephone 918–581–7458 or scientific expertise to review our resolutions, eliminated or severely by facsimile 918–581–7467. Persons technical assumptions, analysis, reduced our listing budget through who use a telecommunications device adherence to regulations, and whether April 1996. We were unable to act on for the deaf (TDD) may call the Federal we had used the best available the petition during that period. On July Information Relay Service (FIRS) at information. These peer reviewers 8, 1997 (62 FR 36482), we announced 800–877–8339. generally concurred with our methods our 90-day finding that the petition SUPPLEMENTARY INFORMATION: and conclusions and provided presented substantial information

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indicating that the petitioned action range of the lesser prairie-chicken. Our seq.). Publication of the proposed rule may be warranted. In that notice, we June 9, 1998, 12-month finding (63 FR opened a 90-day comment period that requested additional information on the 31400) did not recognize wind energy closed on March 11, 2013. We held a status, trend, distribution, and habitat and transmission line development as a public meeting and hearing in requirements of the species for use in threat because such development within Woodward, Oklahoma, on February 5, conducting a status review. We the known range was almost 2013; in Garden City, Kansas, on requested that information be submitted nonexistent at that time. Changes in the February 7, 2013; in Lubbock, Texas, on to us by September 8, 1997. In response magnitude of other threats, such as February 11, 2013; and in Roswell, New to a request by the Lesser Prairie- conversion of certain Conservation Mexico, on February 12, 2013. Chicken Interstate Working Group dated Reserve Program (CRP) lands from On May 6, 2013, we announced the September 3, 1997, we reopened the native grass cover to cropland or other publication of a proposed special rule comment period for an additional 30 less ecologically valuable habitat and under the authority of section 4(d) of the days, beginning on November 3, 1997 observed increases in oil and gas Act. At this time, we reopened the (62 FR 59334). We subsequently development, also were important comment period on the proposed listing published our 12-month finding for the considerations in our decision to change rule (77 FR 73828) to provide an lesser prairie-chicken on June 9, 1998 the LPN. The immediacy of the threats opportunity for the public to (63 FR 31400), concluding that the to the species did not change and simultaneously provide comments on petitioned action was warranted but continued to be high. Our November 9, the proposed listing rule, the proposed precluded by other higher priority 2009 (74 FR 57804), November 10, 2010 special rule, and a draft rangewide listing actions. (75 FR 69222), and October 26, 2011 (76 conservation plan for the lesser prairie- The 12-month finding initially FR 66370) candidate notices of review chicken. This comment period was open identified the lesser prairie-chicken as a retained an LPN of 2 for the lesser from May 6 to June 20, 2013. candidate for listing with a listing prairie-chicken. On July 9, 2013, we announced a 6- priority number (LPN) of 8. Our policy Since making our 12-month finding, month extension (78 FR 41022) of the (48 FR 43098; September 21, 1983) we have received several 60-day notices final listing determination based on our requires the assignment of an LPN to all of intent to sue from WildEarth finding that there was substantial candidate species. This listing priority Guardians (formerly Forest Guardians) disagreement regarding the sufficiency system was developed to ensure that we and several other parties for failure to or accuracy of the available data have a rational system for allocating make expeditious progress toward relevant to our determination regarding limited resources in a way that ensures listing of the lesser prairie-chicken. the proposed listing rule. We again those species in greatest need of These notices were dated August 13, reopened the comment period to solicit protection are the first to receive such 2001; July 23, 2003; November 23, 2004; additional information. This comment protection. The listing priority system and May 11, 2010. WildEarth Guardians period closed on August 8, 2013. We considers magnitude of threat, subsequently filed suit on September 1, reopened the comment period again on immediacy of threat, and taxonomic 2010, in the U.S. District Court for the December 11, 2013 (78 FR 75306), to distinctiveness in assigning species District of Colorado. A revised notice of solicit comments on a revised proposed numerical listing priorities on a scale intent to sue dated January 24, 2011, in special rule and our December 11, 2012, from 1 to 12. In general, a smaller LPN response to motions from New Mexico proposed listing rule. This comment reflects a greater need for protection Oil and Gas Association, New Mexico period closed on January 10, 2014. than a larger LPN. The lesser prairie- Cattle Growers Association, and However, the endorsed version of the chicken was assigned an LPN of 8, Independent Petroleum Association of Western Association of Fish and indicating that the magnitude of threats New Mexico to intervene on behalf of Wildlife Agencies’ Lesser Prairie- was moderate and the immediacy of the the Secretary of the Interior, also was Chicken Range-wide Conservation Plan threats to the species was high. received from WildEarth Guardians. was not available on the Web sites, as On January 8, 2001 (66 FR 1295), we This complaint was subsequently stated in the December 11, 2013, revised published our resubmitted petition consolidated in the U.S. District Court proposed special 4(d) rule (78 FR findings for 25 animal species, for the District of Columbia along with 75306), at that time. We subsequently including the lesser prairie-chicken, several other cases filed by the Center reopened the comment period on having outstanding ‘‘warranted-but- for Biological Diversity or WildEarth January 29, 2014 (79 FR 4652), to allow precluded’’ petition findings as well as Guardians relating to petition finding the public the opportunity to have notice of one candidate removal. The deadlines and expeditious progress access to this rangewide plan and lesser prairie-chicken remained a toward listing. A settlement agreement submit comments on the revised candidate with an LPN of 8 in our in In re Endangered Species Act Section proposed special rule and our December October 30, 2001 (66 FR 54808); June 4 Deadline Litigation, No. 10–377 (EGS), 11, 2012, proposed listing rule. This 13, 2002 (67 FR 40657); May 4, 2004 (69 MDL Docket No. 2165 (D.D.C. May 10, comment period closed on February 12, FR 24876); May 11, 2005 (70 FR 24870); 2011) was reached with WildEarth 2014. September 12, 2006 (71 FR 53756); and Guardians in which we agreed to submit December 6, 2007 (72 FR 69034) a proposed listing rule for the lesser Summary of Comments and candidate notices of review. In our prairie-chicken to the Federal Register Recommendations December 10, 2008 (73 FR 75176), for publication by September 30, 2012. We requested written comments from candidate notice of review, we changed On September 27, 2012, the the public on the proposed listing of the the LPN for the lesser prairie-chicken settlement agreement was modified to lesser prairie-chicken during five from an 8 to a 2. This change in LPN require that the proposed listing rule be comment periods: December 11, 2012, reflected a change in the magnitude of submitted to the Federal Register on or to March 11, 2013; May 6 to June 20, the threats from moderate to high before November 29, 2012. On 2013; July 9 to August 8, 2013; primarily due to an anticipated increase December 11, 2012, we published a December 11, 2013, to January 10, 2014; in the development of wind energy and proposed rule (77 FR 73828) to list the and January 29 to February 12, 2014. associated placement of transmission lesser prairie-chicken as a threatened Additionally four public hearings were lines throughout the estimated occupied species under the Act (16 U.S.C. 1531 et held in February 2013; February 5th in

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Woodward, Oklahoma; February 7th in conservation plans has highlighted the prairie-chickens did not move long Garden City, Kansas; February 11th in importance of not only habitat distances to access grain fields and may Lubbock, Texas; and February 12th in restoration and enhancement but also spend the fall and winter exclusively in Roswell, New Mexico. We also the role of the States and other partners grasslands even when grain fields, contacted appropriate Federal, Tribal, in reducing many of the known threats primarily wheat, are available. While State, and local agencies; scientific to the lesser prairie-chicken. this likely indicates that wheat is not a organizations; and other interested Consequently, we proposed a special preferred grain source, or that grains are parties and invited them to comment on rule under section 4(d) of the Act that not readily available on winter wheat the proposed rule, proposed special facilitates conservation implementation fields, the best scientific information rule, draft rangewide conservation plan, and threat reduction through indicates that crop fields are less and final rangewide conservation plan development or implementation of important to lesser prairie-chicken during the respective comment periods. certain types of conservation plans and survival than are native grasslands in Over the course of the five comment efforts. Such plans will help provide the good condition because native periods, we received approximately ongoing, targeted implementation of grasslands are more likely to provide 57,350 comment submissions. Of these, appropriate conservation actions that necessary habitat for lekking, nesting, approximately 56,800 were form letters. are an important aspect of collaborative brood rearing, feeding for young, and Additionally, during the February 2013 efforts to improve the status of the feeding for adults, among other things. public hearings, 85 individuals or species. We discuss the various Accordingly, this rule characterizes organizations provided comments on conservation efforts occurring within waste grains and grain agriculture as the proposed rule. All substantive the estimated occupied range of the important during prolonged periods of information provided during these lesser prairie-chicken in more detail in adverse winter weather but unnecessary comment periods, including the public the Summary of Ongoing and Future for lesser prairie-chicken survival hearings, has either been incorporated Conservation Efforts, below. during most years and in most regions. directly into this final determination or (2) Comment: Grain crops may be A more detailed discussion of lesser is addressed below. Comments from used by lesser prairie-chickens more prairie-chicken use of grain crops is peer reviewers and State agencies are extensively than indicated in the rule, provided in the ‘‘Life-History grouped separately. In addition to the particularly considering that conversion Characteristics’’ section, below. comments, some commenters submitted of the prairies to crop production led to (3) Comment: The Service should not additional reports and references for our expansion, at least temporarily, of lesser list population segments of the lesser consideration, which we reviewed and prairie-chicken populations. prairie-chicken in Kansas, where those incorporated into this final rule as Our Response: Grain crops are used populations meet or exceed population appropriate. by lesser prairie-chickens and may have thresholds established by an objective temporarily led to range expansion, but and independent team of species Peer Reviewer Comments the best available information does not experts. Specifically, the Service could In accordance with our peer review detail how extensively grains are used designate a distinct population segment policy published on July 1, 1994 (59 FR by lesser prairie-chickens. Considering in Kansas and exclude it from any 34270), we solicited expert opinions food is likely rarely limiting for lesser listing action. from nine knowledgeable individuals prairie-chickens, grains are likely used Our Response: The Act allows us to with scientific expertise that included advantageously and are not necessary list only species, subspecies, or distinct familiarity with the species, the for survival. However, lesser prairie- population segments of a species or geographic region in which the species chickens may be more dependent upon subspecies, as section 3(16) of the Act occur, and conservation biology waste grain during drought or prolonged defines species to include ‘‘any principles. We received responses from periods of extreme winter weather. subspecies of fish or wildlife or plants, two of the nine peer reviewers we Lesser prairie-chickens tend to and any distinct population segment of contacted. predominantly rely on cultivated grains any species of vertebrate fish or wildlife We reviewed all comments received when production of natural foods, such which interbreeds when mature.’’ The from the two peer reviewers regarding as acorns and grass and forb seeds, are Service and the National Marine the analysis of threats to the lesser deficient (Copelin 1963, p. 47). Fisheries Service jointly published a prairie-chicken and our proposed Therefore, agricultural grain crops, ‘‘Policy Regarding the Recognition of threatened listing determination. The particularly when irrigated and with Distinct Vertebrate Population Segments peer reviewers generally concurred with additional nutrient inputs, can be a Under the Endangered Species Act’’ our methods and conclusions, and more reliable, but temporary, food (DPS Policy) in the Federal Register on provided additional information, source than native foods that fluctuate February 7, 1996 (61 FR 4722). Under clarifications, and suggestions to with environmental conditions. the DPS Policy, three factors are improve this final rule. Peer reviewer However, there is a cost to the species considered in a decision concerning comments are addressed in the associated with using grain fields in whether to establish and classify a following summary and incorporated terms of exposure to predation, energy possible DPS. The first two factors, (1) into the final rule, as appropriate. expenditure, and weather. Copelin discreteness of the population segment (1) Comment: Conservation efforts to (1963, entire) indicates that lesser in relation to the remainder of the taxon date have not been adequate to address prairie-chickens will occasionally use and (2) the significance of the known threats. grain crops, but it appears that native population segment to the taxon to Our Response: While considerable foods are generally preferred. which it belongs, bear on whether the effort has been expended over the past Additionally, as the extent of population segment can be a possible several years to address some of the agricultural lands increases within the DPS. The third factor bears on known threats throughout portions or landscape, native grass and shrubland answering the question of whether the all of the species’ estimated occupied habitats that are used by lesser prairie- population segment, when treated as if range, threats to the continued viability chickens for all life-history stages, not it were a species, is endangered or of the lesser prairie-chicken into the limited to foraging, decline. Kukal threatened. In order to establish a DPS, future remain. Recent development of (2010, pp. 22, 24) found that lesser all three factors must be met. Under the

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DPS Policy, a population may be chicken as a species, and we have recolonization under current conditions, considered discrete if (1) it is markedly concluded that the lesser prairie- particularly considering the fragmented separated from other populations of the chicken is sufficiently distinct from nature of the occupied range. same taxon as a consequence of other members of the genus to meet the Recolonization of former lesser physical, physiological, ecological, or Act’s definition of a species. The prairie-chicken habitat is most likely to behavioral factors; or (2) it is delimited American Ornithologists Union occur in habitats that are located in by international governmental considers the lesser prairie-chicken to close proximity to existing populations, boundaries with differences in control be distinct from the greater prairie- particularly considering the extent of of exploitation, management of habitat, chicken based on known differences in habitat fragmentation that exists within conservation status, or relevant behavior, habitat affiliation, and social the occupied range and reduced regulatory mechanisms. The best aggregation (Ellsworth et al. 1994, p. population size. Due to the lesser prairie scientific and commercial information 662). We have revised the rule to chicken’s relatively limited movements, available does not indicate that lesser include a more thorough discussion of their site fidelity, and difficulty in prairie-chicken populations in Kansas prairie grouse phylogeny (the translocating individuals, management are discrete from the populations in the evolutionary history of taxonomic efforts are best concentrated on neighboring States of Colorado or groups). improving habitat conditions in areas Oklahoma because there is no marked (6) Comment: Under conditions of adjacent to existing populations and separation from other populations. high production and large population allowing individuals to recolonize those Thus, we do not have the discretion to size, lesser prairie-chickens would be habitats naturally. Under appropriate exclude populations in Kansas from the able to disperse up to 48 kilometers conditions, populations can recolonize listing because they do not meet the (km) (30 miles (mi)) annually and be these adjacent areas relatively quickly, definition of a listable (or delistable) able to recolonize areas fairly quickly. provided surplus numbers exist to entity. Please refer to the Determination Similarly, if birds were at least partially support dispersal. As evidenced by the section of this final listing rule for migratory in the past, recolonization reoccupation of former range in Kansas, further discussion. could occur more rapidly than indicated where large blocks of high-quality (4) Comment: A recovery team should in the proposed rule. habitat were created through the CRP, be established and critical habitat Our Response: There is limited recolonization is possible but is most proposed as quickly as possible information available on the dispersal likely to occur over the long term (8 to following the final listing decision. capabilities of lesser prairie-chickens, 12 years) in habitats within close Our Response: Under section 4(f)(1) of but the best scientific information proximity to existing populations. As the Act, we are required to develop and available to us supports that lesser conservation efforts for this species implement plans for the conservation prairie-chickens exhibit limited continue and recovery planning would and survival of endangered and dispersal tendencies and do not be initiated post-listing, conservation threatened species, unless the Secretary disperse over long distances. In Texas, actions such as habitat improvement of the Interior finds that such a plan will Haukos (1988, p. 46) recorded daily may include areas that are most likely not promote the conservation of the movements of 0.1 km (0.06 mi) to to support population expansion. species. We will move to accomplish greater than 6 km (3.7 mi) by female (7) Comment: The extent of the these tasks as soon as feasible. We have lesser prairie-chickens prior to onset of historical range provides little determined in this final rule that critical incubation. Taylor and Guthery (1980b, information with regard to density of habitat is not determinable at this time; p. 522) documented a single male lesser prairie-chickens, and some however, we are required under section moving 12.8 km (8 mi) in 4 days, which portions of the historical range may not 4(b)(6)(C)(ii) of the Act to make our they considered to be a dispersal have been suitable for lesser prairie- critical habitat determination within movement. This information does not chickens even 100 years ago. The extent one year from the publication date of support the conclusion that individuals of the historical range is a somewhat this final rule. have or could disperse up to 48 km (30 arbitrary benchmark and should not be (5) Comment: Speciation in members mi). Due to their heavy wing loading, used when making comparisons with of the genus Tympanuchus may be they are relatively poor fliers. For these respect to currently occupied range. incomplete, and statements regarding reasons, we do not consider lesser Our Response: We recognize that not taxonomy should be revised to more prairie-chickens to be good dispersers. all of the Service’s defined historical fully disclose the current state of genetic The existence of large-scale migration range was optimal habitat, and very and taxonomic information. Electronic movements of lesser prairie-chickens is little information regarding historical copies of several publications were not known, but it is possible that the densities of lesser prairie-chickens provided to aid the Service’s review of species was at least partially migratory exists. However, one of the factors we this information. in the past. Both Bent (1932, pp. 284– must consider in our listing Our Response: As stated in the final 285) and Sharpe (1968, pp. 41–42) determination relates to the present or rule, we agree that there is some thought that the species, at least threatened destruction, modification, or uncertainty regarding the taxonomic historically, might have been migratory curtailment of a species’ habitat or status of the lesser prairie-chicken and with separate breeding and wintering range. Accordingly, comparing the other related members of the genus. For ranges. Taylor and Guthery (1980a, p. likely extent of historical range with example, Johnsgard (1983, p. 316) 10) also thought the species was currently occupied range provides initially considered the greater and migratory prior to widespread insight into whether the range of a lesser prairie-chickens to be allopatric settlement of the High Plains, but species has been lost or reduced over subspecies, meaning that they migratory movements have not recently time. We agree that the extent of the originated as the same species but been documented. The lesser prairie- historical range is an estimate and use populations became isolated from each chicken is now thought to be this term, and the term ‘‘approximate,’’ other to an extent that prevented genetic nonmigratory. in referring to the historical range. We interchange, causing speciation. The species’ limited dispersal and also recognize that the extent of However, the American Ornithologists migration capabilities are unlikely to historical range may have fluctuated Union recognizes the lesser prairie- significantly contribute to over time, based on habitat conditions

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evident at any one period, and the a consistent and negative relationship introgression, should be a high priority estimated historical range may represent between grouse and certain manmade for research. the maximum range that was occupied structures, including oil and gas Our Response: We have expanded the during historical times. The information infrastructure, power lines, and wind section on hybridization to include we present in this rule serves to reflect turbines. discussion related to fertility of first and the estimated extent of the historical Our Response: We agree with this second generation hybrids. We have range based on the best available comment and have incorporated the concerns with respect to the information and provides some context findings of this study into this rule. This implications of hybridization, but the with which we can discuss the study examined the effect of 23 different best available information at this time estimated occupied range. While our types of anthropogenic structures on does not indicate that hybridization is a calculations of the loss of historical grouse displacement behavior and threat at current levels. found that all structure types examined range are an estimate and not an exact Comments From States value, they demonstrate that the range resulted in displacement, but oil of the lesser prairie-chicken likely has structures and roads had the greatest Section 4(i) of the Act states, ‘‘the contracted substantially since pre- impact on grouse avoidance behavior Secretary shall submit to the State European settlement. (Hovick et al. unpublished manuscript agency a written justification for [her] (8) Comment: The rule fails to under review, p. 11). They also failure to adopt regulations consistent consider that the occupied range of the examined the effect of 17 of these with the agency’s comments or lesser prairie-chicken has expanded to structures on survival and found all of petition.’’ Comments received from the include portions of northwest Kansas the structures examined also decreased States of Colorado, Kansas, New and may be larger than in the recent survival in grouse, with lek attendance Mexico, Oklahoma, and Texas regarding past. declining at a greater magnitude than the proposal to list the lesser prairie- Our Response: Our proposed rule other survival parameters measured chicken as a threatened species are clearly states that the lesser prairie- (Hovick et al. unpublished manuscript addressed below. chicken occupies areas in Ellis, Graham, under review, p. 12). This information (14) Comment: Evidence shows that Sheridan, and Trego Counties in Kansas supports our conclusion that the the lesser prairie-chicken population is that extend beyond the previously presence of vertical structures not only surviving, but has stabilized or delineated historical range. Our contributes to functional fragmentation increased, despite other conditions, calculations of the estimated occupied of lesser prairie-chicken habitat. including drought in much of the range and the estimated occupied range (11) Comment: Statements regarding region. This conclusion is supported by plus a 16-km (10-mi) buffer also the impact of recreational viewing, Hagen 2012. Lesser prairie-chicken recognize the existence of populations particularly with respect to the size of populations can experience large in those counties. However, the best the lek, are speculative and more fluctuations in numbers, but they have scientific and commercial information information should be provided. remained within normal limits given available indicates the range in Our Response: There is little direct annual precipitation over the past 12 northwestern Kansas does not represent evidence regarding impacts of years with no significant decrease; a range expansion for lesser prairie- recreational viewing at lesser prairie- further, they have demonstrated the chicken; instead, we consider this to be chicken leks. Consequently, we cannot ability to recover from similar drought a reoccupation of former range. provide more definitive information episodes in the past. (9) Comment: The extent of within this section than the discussion Our Response: In June 2012, we were agricultural land within the range of the in the proposed and final rules. Based provided with the referenced interim lesser prairie-chicken may decline, on the best scientific and commercial assessment of lesser prairie-chicken particularly considering the High Plains information available at this time, we do population trends since 1997 (Hagen (Ogallala) Aquifer may be economically not consider recreational viewing to be 2012, entire). While the results of this depleted in 20 years. a significant impact to the species as a analysis suggest that lesser prairie- Our Response: The best scientific and whole. Please refer to the Hunting and chicken population trends have commercial information available does Other Forms of Recreational, increased since 1997, we are reluctant to not indicate that the extent of Educational, or Scientific Use section, place considerable weight on the agricultural land will decline below, for our discussion of potential interim assessment for a number of significantly in the near future, even if impacts from recreational viewing. reasons as discussed in the rule. The the level of the High Plains Aquifer (12) Comment: In the section on ‘‘Rangewide Population Estimates’’ declines. Terrell et al. (2002, p. 35), hybridization, the Service incorrectly section of this final listing rule includes Sophocleous (2005, p. 361), and describes the lesser prairie-chicken a full discussion of these reasons, in Drummond (2007, p. 142) all concluded populations in Kansas that occur north addition to a full discussion of that, while declining water levels in the of the Arkansas River as low density. population estimates for the species. In High Plains Aquifer may cause some Our Response: We have revised that summary, Hagen’s preliminary analysis areas of cropland to revert to grassland, discussion to more clearly reflect evaluates lesser prairie-chicken most of the irrigated land likely will observed densities in the area of population trends from 1997 to 2012, transition to dryland agriculture, despite hybridization. whereas the Service’s analysis of the increased use of more efficient (13) Comment: The section on population estimates as presented in the methods of irrigation in response to hybridization should be expanded and final rule dates back as far as records are declining water supplies for irrigation. clarified with respect to the fertility of available. This information has been incorporated hybrids. Populations within the zone of Although lesser prairie-chicken into this final rule. overlap are not low density or populations can fluctuate considerably (10) Comment: Work by Hovick et al. ephemeral, and the zone of overlap is from year to year in response to variable (unpublished manuscript in review) on more extensive than indicated by Bain weather and habitat conditions, anthropogenic structures and grouse and Farley (2000). The hybridization generally the overall population size has that has been submitted for publication issue, combined with information on continued to decline from the estimates should be considered. This work shows speciation and possibility of of population size available in the early

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1900s (Robb and Schroeder 2005, p. 13). geospatial analysis, and expert opinion helping to ameliorate threats to the The ability of any species to recover from biologists with extensive species are considered in our final from an event, such as drought, is fully experience studying the lesser prairie- listing determination. Section 4(b)(1)(A) dependent upon the density of chicken and its habitat. The commenter of the Act requires us to take into individuals, the environmental provides no rationale (e.g., literature or account those efforts being made by a conditions, the time that those scientific evidence) to indicate the State or foreign nation, or any political environmental conditions persist, and, species does not meet the definition of subdivision of a State or foreign nation, most importantly, the habitat quality a threatened species under the Act. to protect such species, and we fully and quantity available (including Please refer to the Determination section recognize the contributions of the State connectivity of that habitat). An of this final listing rule for further and local programs. However, the Act examination of anecdotal information discussion on whether or not the requires us to make determinations on historical numbers of lesser prairie- species meets the definition of an based on the best scientific and chickens indicates that numbers likely endangered or threatened species. commercial data available ‘‘at the time have declined from possibly millions of (16) Comment: A final determination of listing’’ after conducting a review of birds to current estimates of thousands to list the species as endangered or the status of the species and after taking of birds. Further, examination of the threatened would have negative impacts into account those efforts, if any, being trends in the five lesser prairie-chicken on economics, communities, and private made to protect such species. States for most indicator variables, such landowners. Economic impacts may The lesser prairie-chicken has been as males per lek and lek density, over affect agriculture (farming and identified as a candidate species since the last 3 years are indicative of ranching), oil and gas, potash, dairy, 1998. Since that time, annual candidate declining populations. The total wind energy, electricity generation, notices of review have been conducted, estimated abundance of lesser prairie- mineral royalties, and transportation. and the scientific literature and data chickens in 2012 was 34,440 Many industries may incur additional continued to indicate that the lesser individuals (90 percent upper and lower project costs and delays due to the prairie-chicken is detrimentally confidence intervals of 52,076 and regulatory and economic burden created impacted by ongoing threats, and we 21,718 individuals, respectively; by the listing. As industry experiences continued to find that listing the species McDonald et al. 2013, p. 24). The total economic impacts, commenters stated was warranted. Our determination is estimated abundance of lesser prairie- that additional impacts could include guided by the Act and its implementing chickens in 2013 dropped to 17,616 decreased tax revenues; a reduction in regulations, considering the five listing individuals (90 percent upper and lower jobs; effects to school, hospital, and factors and using the best available confidence intervals of 20,978 and 8,442 county government operations; scientific and commercial information. individuals, respectively) (McDonald et increased development pressure; and (18) Comment: The Lesser Prairie- al. 2013, p. 24). The best scientific and greater land fragmentation. Chicken Range-wide Conservation Plan commercial information available Our Response: For listing actions, the effectively addresses the threats being supports that lesser prairie-chicken Act requires that we make faced by the species throughout the populations have declined since pre- determinations ‘‘solely on the basis of range. By using voluntary, incentive- European settlement. the best available scientific and based programs, the Range-wide (15) Comment: Listing the lesser commercial data available’’ (16 U.S.C. Conservation Plan encourages effective prairie-chicken is contrary to the best 1533(b)(1)(A)). Therefore, we do not management on private lands for the available science and current consider information concerning lesser prairie-chicken and implements information. Current research and economic impacts when making listing mechanisms for industry to avoid, conservation efforts support that the determinations. However, section minimize, and mitigate impacts to the species does not warrant listing. 4(b)(2) of the Act states that the species’ habitat. These efforts effectively Our Response: As required by section Secretary shall designate and make ameliorate the threats identified in the 4(b) of the Act, we used the best revisions to critical habitat on the basis proposed rule for listing and, therefore, scientific and commercial data available of the best available scientific data after support a not-warranted finding. in making this final determination. We taking into consideration the economic Our Response: The Service supports solicited peer review from impact, national security impact, and the efforts of the Western Association of knowledgeable individuals with any other relevant impact of specifying Fish and Wildlife Agencies (WAFWA) scientific expertise that included any particular area as critical habitat. in the development of the rangewide familiarity with the species, the Therefore, we will consider the plan and has recognized it as a geographic region in which the species provisions of 4(b)(2) when we designate landmark effort in collaborative, occurs, and conservation biology critical habitat for the species in the rangewide planning for conservation of principles to ensure that our listing is future. an at-risk species. On October 23, 2013, based on scientifically sound data, (17) Comment: The proposed listing is the Service announced its endorsement assumptions, and analysis. premature. Adequate time must be of the plan as a comprehensive Additionally, we requested comments provided to determine if conservation conservation program that reflects a or information from other concerned efforts, such as the candidate sound conservation design and strategy governmental agencies, Native conservation agreements with that, when implemented, will provide a American Tribes, the scientific assurances (CCAAs) and the Lesser net conservation benefit to lesser community, industry, and any other Prairie-Chicken Range-wide prairie-chicken. The plan includes a interested parties concerning the Conservation Plan, are sufficient to strategy to address threats to the prairie- proposed rule. Comments and maintain a viable lesser prairie-chicken chicken throughout its range, information we received helped inform population. establishes measurable biological goals this final rule. We used multiple sources Our Response: We recognize the and objectives for population and of information including: Results of significant efforts of all of our partners habitat, provides the framework to numerous surveys, peer-reviewed in the conservation of the lesser prairie- achieve these goals and objectives, literature, unpublished reports by chicken, and these conservation efforts demonstrates the administrative and scientists and biological consultants, and the manner in which they are financial mechanisms necessary for

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successful implementation, and threatened or endangered at this time, as the longer term, the rangewide plan may includes adequate monitoring and discussed below. ameliorate the threat of drought by adaptive management provisions. For The conservation strategy employed creating additional habitat so that the these reasons, elsewhere in today’s in the rangewide plan (1) complements birds can rebound to higher numbers Federal Register, we are finalizing a and builds on existing conservation that can better withstand this threat. special rule under section 4(d) of the efforts (e.g., CRP), (2) uses an ‘‘avoid, Finally, the Service is uncertain Act that, among other things, minimize, and mitigate’’ strategy to concerning the potential for a lag time specifically exempts from regulation the address industry impacts, and (3) between authorizing impacts, securing take of lesser prairie-chicken if that take provides financial incentives to contracts with landowners to apply is incidental to carrying out the landowners to manage lands to benefit conservation to mitigate for those rangewide plan. lesser prairie-chickens. Through the impacts, and implementing the The Service’s Policy for Evaluation of mitigation framework and application of conservation actions through those adaptive management principles, the Conservation Efforts When Making contracts. While mitigation fees must be rangewide plan, if enrollment is Listing Decisions (PECE) provides paid and conservation contracts must be sufficient and if the plan is guidance on how to evaluate in place prior to impacts occurring, the appropriately managed, will provide a conservation efforts that have not yet rangewide plan does not require habitat net conservation benefit to the species been fully implemented or have not yet improvement or creation of suitable and result in incremental improvements demonstrated effectiveness. The policy habitat prior to impacts occurring. The to the level and quality of suitable presents criteria for evaluating the rangewide plan grants a waiver period habitat over time. certainty of implementation and the for the oil and gas industry wherein certainty of effectiveness for such Lands to be enrolled as offsets to impacts are not necessarily currently while all impacts must ultimately be conservation efforts. The Service has occupied high quality habitats, and the mitigated for, the waiver grants oil and evaluated the rangewide plan under the location of offset units is entirely driven gas impacters the ability to develop PECE criteria. A summary of that by the willingness of landowners to enrolled lands in advance of evaluation follows. participate. They are lands where conservation delivery. The mitigation At the time of the listing decision, management practices are to be metrics are set up such that over the life based upon the criteria in PECE, the implemented that would improve the of the plan, we anticipate improvement Service is uncertain concerning suitability of those lands for lesser in the status of the species, but that availability of funding and the level of prairie-chickens. These landowners are some of the conservation delivery will voluntary participation in the rangewide not required to implement identical take at least a few years to start being plan in the future. At this time, the management practices, but are rather realized. At the time of the listing measures in the rangewide plan do not provided a suite of management options decision, we do not have certainty of the allow the Service to conclude that the for their lands. Until those practices are timeframe and the extent of the habitat lesser prairie-chicken no longer meets identified for each parcel combined improvement. the Act’s definition of a threatened or with the length of the contract and the In conclusion, we have a high level of endangered species. Additionally, due quality and location of the lands, we certainty that the rangewide plan will to the flexibility that is necessarily built have little certainty about how much improve the status of the species into into the implementation of the conservation uplift can be expected or the future if sufficient enrollment occurs rangewide plan, there is uncertainty in what timeframe the benefit will and the plan is implemented about when and where impacts and accrue. Even if there would be accordingly. However, the rangewide offsets will occur. Most importantly, significant enrollment of lands into the plan has not contributed to the even if the plan is implemented in the rangewide plan in the short term, it will elimination or adequate reduction of the future as written and is effective at still take several years for habitat threats to the species at the current time achieving its goals, we must be able to improvement practices to take effect for to the point that the species does not show that the plan has contributed to some of the conservation practices and meet the definition of threatened or the elimination of one or more threats for lesser prairie-chicken populations to endangered. to the species identified through the improve. 4(a)(1) analysis at the time of the listing The effectiveness of the rangewide Public Comments determination such that the species no plan is further complicated by the Species’ Populations longer meets the definition of impact of continued drought on the threatened or endangered. Largely as a landscape. If the current drought (19) Comment: The proposed rule result of the degree of coordination and subsides, the rangewide plan’s states that very little information is adaptive management built into the improved management on lands could available regarding lesser prairie- rangewide plan, there is a high degree result in an upturn in the status of the chicken population size prior to 1900 of certainty that the plan will achieve its species. However, if the drought and further states that rangewide stated purposes of creating a net persists, the rangewide plan will not population estimates were almost conservation benefit to the species and create additional usable habitat nonexistent until the 1960s. The lack of moving the species towards its necessary for the species quickly or at practical baseline population estimates population goals if there is sufficient all. This particular threat is largely and historical population studies result participation and enrollment from outside of the ability of management in considerable data gaps regarding the landowners and industry. However, actions to address; therefore, it is a significance of population fluctuations generally owing to the uncertainty of the threat that is not addressed by the as well as the establishment of a trend- timing of conservation delivery and the rangewide plan, at least over the short line on the actual population estimates funds generated by current industry term. Given the particularly dire status of the species. Commenters question enrollment, the rangewide plan has not of the lesser prairie-chicken in 2013 due how the Service can make a reasonable eliminated or adequately reduced the to ongoing drought (approximately determination that listing is warranted threats identified such that the species 17,000 birds estimated), this threat is of without historical information prior to no longer meets the Act’s definition of high magnitude and immediacy. Over 1900.

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Our Response: We recognize that data specifically, the rangewide aerial survey evidence) to indicate any specific areas gaps exist in the estimated historical results show that the total estimated that should be removed from the population size of the species and in the abundance of lesser prairie-chickens historical range. Please refer to the development of population trends for dropped from 34,440 individuals (90 ‘‘Historical Range and Distribution’’ the species, but we are required by the percent upper and lower confidence section for a discussion of the best Act to determine whether or not the intervals of 52,076 and 21,718 scientific and commercial data available species meets the definition of an individuals, respectively) in 2012, to regarding the historical range of the endangered or threatened species on the 17,616 individuals (90 percent upper lesser prairie-chicken. In addition, basis of the best scientific and and lower confidence intervals of please refer to our response to comment commercial data available. We 20,978 and 8,442 individuals, 7 in Peer Reviewer Comments, above. recognize that population fluctuations respectively) in 2013 (McDonald et al. (23) Comment: Based on anecdotal are common for the lesser prairie- 2013, p. 24). evidence and specimen collections, the chicken in response to variable weather (21) Comment: The Service needs a actual historical range of the lesser and habitat conditions, but the best scientifically sound estimate of current prairie-chicken for a period from at least available science supports that the lesser prairie-chicken populations and 1877 through 1925 may have included overall population size has likely habitats to use as a baseline to from southwestern Nebraska (northern declined from possibly millions of birds determine future population increases limits) and southeastward to to current estimates of thousands of and to delineate critical habitat. southwestern Missouri (eastern limits). birds. We present the best available Similarly, the Service should define a Given this information, the apparent information on population sizes in the population threshold necessary to be ‘‘increased range expansion’’ in Kansas ‘‘Rangewide Population Estimates’’ and considered recovered post-listing. is really movement back into its ‘‘State-by-State Information on Our Response: In the springs of 2012 previous range, and not an expansion. Population Status’’ sections of this final and 2013, the States, in conjunction Additionally, this reestablishment back determination. Under section 4(a)(1) of with the Western Association of Fish to its former range appears to be within the Act, we determine whether a species and Wildlife Agencies, implemented a artificial habitat (i.e., CRP grasslands). is an endangered or threatened species rangewide sampling framework and Our Response: The extent of the because of any of the following five survey methodology. This aerial survey historical range is an estimate, and we, factors: (A) The present or threatened protocol was developed to provide a therefore, use this term and the term destruction, modification, or more consistent approach for detecting ‘‘approximate’’ in referring to the curtailment of its habitat or range; (B) rangewide trends in lesser prairie- historical range in this final listing rule. overutilization for commercial, chicken. The aerial surveys conducted We also recognize that the extent of the recreational, scientific, or educational in 2012 and 2013 provide the best historical range may have fluctuated purposes; (C) disease or predation; (D) estimate of current rangewide over time, based on habitat conditions the inadequacy of existing regulatory population size of the lesser prairie- evident at any one period. The mechanisms; and (E) other natural or chicken. The results of the aerial information we present in our rule manmade factors affecting its continued surveys are discussed in more detail in serves to reflect the estimated extent of existence. We examined the best the ‘‘Rangewide Population Estimates’’ the historical range and provides some scientific and commercial information section of this final listing context with which we can discuss the available regarding present and future determination. Recovery planning, as estimated occupied range. We recognize threats faced by the lesser prairie- outlined in more detail in section 4(f)(1) that lesser prairie-chickens have been chicken in the Summary of Factors of the Act, is the mechanism by which documented from Nebraska based on Affecting the Species. Please refer to the the Service determines what is specimens collected during the 1920s. Determination section of this final necessary for the conservation and Sharpe (1968, pp. 51, 174) considered listing rule for further discussion. survival of the species. Recovery plans the occurrence of lesser prairie-chickens (20) Comment: The Service must include objective, measurable in Nebraska to be the result of a short- incorrectly points to the effects of criteria that, when met, would result in lived range expansion facilitated by inconsistent data, methods, and effort a determination that the species be settlement and cultivation of grain levels in existing survey and trend data removed from the List of Endangered crops. Sharpe did not report any and then dismisses a study that and Threatened Wildlife. As mentioned confirmed observations since the 1920s scientifically addresses these flaws. The above, recovery planning for the lesser (Sharpe 1968, entire), and no sightings Interim Assessment of Lesser Prairie- prairie-chicken will be initiated after the have been documented despite searches Chicken Trends since 1997 (Hagen listing determination is finalized. over the last 5 years in southwestern 2012) standardizes inconsistencies Nebraska (Walker 2011, entire). among previous survey studies and Species’ Habitat Therefore, Nebraska is not included in calculates the population trend of the (22) Comment: The Service the delineated historical range of the species from the standardized survey inaccurately identified the lesser species; further, the best scientific and data. At a minimum, the Service should prairie-chicken’s historical range in the commercial information available does explain why it dismissed this study. proposed rule. Some areas identified as not indicate that lesser prairie-chickens Our Response: We discuss the Hagen historical range have never been lesser currently occur in Nebraska. (2012) interim assessment in the prairie-chicken habitat. Lawrence (1877), as cited in the ‘‘Rangewide Population Estimates’’ of Our Response: As required by section comment, documented finding 30 lesser this final listing determination. We are 4(b) of the Act, we used the best prairie-chicken specimens for sale in reluctant to place considerable weight scientific and commercial data available New York that he ascertained had on this interim assessment for several in this final listing determination. The originated from southern Missouri; reasons, as discussed below in that commenters provided no indication of however, the origin of these birds is section. We evaluated all sources of the specific areas they believe were questionable (Sharpe 1968, p. 42). This best scientific and commercial data inaccurately identified as part of the anecdotal evidence is the only evidence available and found other lines of historical range and, similarly, provided that the species may have one time evidence more compelling. More no rationale (e.g., literature or scientific occurred in Missouri; therefore, there is

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not enough evidence to support that species is imperiled throughout all of its leks have been detected in northeastern Missouri was within the historical range range due to ongoing and future impacts New Mexico, where Quay County of the species. Thus, Nebraska and of cumulative habitat loss and occurs. However, habitat in this area Missouri are not included in the fragmentation as a result of conversion appears capable of supporting lesser estimated historical range of the species. of grasslands to agricultural uses; prairie-chicken, but the lack of any However, as discussed in our response encroachment by invasive, woody known leks in this region since 2003 to comment 8 above, given the historical plants; wind energy development; suggests that lesser prairie-chicken records, we agree that the currently petroleum production; roads; and the populations in northeastern New occupied range in northwestern Kansas presence of manmade vertical Mexico, if still present, are very small. does not represent a range expansion for structures. These threats are currently (27) Comment: The outer extent of the lesser prairie-chicken. Instead, we impacting lesser prairie-chickens currently defined range is drawn, consider this to be a reoccupation of throughout their range and are projected especially in the southeast quadrant, former range. to continue and to increase in severity based on references to places where (24) Comment: The data cited and into the future. prairie-chickens were reported to have relied upon by the Service show that (25) Comment: The lesser prairie- been seen with no documentation to previous declines in lesser prairie- chicken does not naturally exist in Deaf indicate the resident or transient status chicken range have stabilized. The Smith County, Texas, and was of the birds. Thus, the potential range of Service argues that range occupation incorrectly identified in the area the species needs to be better defined. trends are key indicators in determining occupied by the species. Our Response: In the ‘‘Current Range whether the lesser prairie-chicken is a Our Response: In March 2007, the and Distribution’’ section, we discuss threatened species; however, the data Texas Parks and Wildlife Department the currently occupied range as provided and utilized by Service show (TPWD) reported that lesser prairie- provided by a cooperative mapping that, between 1980 and 2007, the chickens were suspected in portions of effort between the Playa Lakes Joint occupied range increased 159 percent. Deaf Smith County. Aerial and road Venture and the five State wildlife The increase over that period totaled surveys conducted in 2010 and 2011 did agencies within the range of the lesser more than 43,253 square kilometers (sq not detect lesser prairie-chickens in prairie-chicken. The resulting map was km) (16,700 square miles (sq mi)). In its Deaf Smith County; however, in 2012, provided on http://www.regulations.gov evaluation of whether the lesser prairie- Timmer (2012, pp. 36, 125–131) as supplemental information to the chicken range is increasing, the Service observed lesser prairie-chickens in Deaf proposed rule. We consider this examined the period preceding Smith County. The western portion of mapping effort the best scientific and European settlement of the United Deaf Smith County is included in the commercial data available regarding the States to 1980. The Service failed to Lesser Prairie-Chicken Range-wide estimated current occupied range. The consider all range-occupancy trend data Conservation Plan as part of the commenter provided no rationale (e.g., after 1980. The Service should explain shinnery oak prairie (Van Pelt et al. literature or scientific evidence) to its decision to base range decline 2013, p. 87). Based upon a review of the indicate which specific areas they estimates on the time period from pre- best scientific and commercial believe should or should not be European settlement to 1980 when more information available, Deaf Smith included in the range map. recent and reliable data were available. County is included as part of the (28) Comment: Grain production in Our Response: The total maximum estimated occupied range of the species. certain areas has provided desirable, historically occupied range prior to (26) Comment: Southwest Quay though unnatural, feeding habitat for European settlement is estimated to be County, New Mexico, is incorrectly lesser prairie-chickens in the past. about 466,998 sq km (180,309 sq mi), identified in the lesser prairie-chicken However, changes in farming practices whereas the total estimated occupied ecoregion map as being comprised of and decline in grain production, rather range is now estimated to encompass shinnery oak prairie. There are no than habitat degradation, has caused the 70,602 sq km (27,259 sq mi) as of 2007. shinnery oak vegetative sites within the appearance of lesser prairie-chicken The currently occupied range now Southwest Quay Soil and Water population declines. represents roughly 16 percent of the Conservation District. Our Response: The Service recognizes estimated historical range. This value is Our Response: On http:// that, when available, lesser prairie- a close approximation because a small www.regulations.gov, we provided an chickens will use cultivated grains, such portion of the range in Kansas lies estimated occupied range map as as grain sorghum (Sorghum vulgare) and outside the estimated maximum supporting information for the proposed corn (Zea mays), during the fall and historical range and was not included in listing rule; although Quay County is winter months (Snyder 1967, p. 123; this analysis. This is further explained identified in the map as part of the Campbell 1972, p. 698; Crawford and in the ‘‘Historical Range and estimated historical range, the current Bolen 1976c, pp. 143–144; Ahlborn Distribution’’ and ‘‘Current Range and estimated occupied range includes only 1980, p. 53; Salter et al. 2005, pp. 4–6). Distribution’’ sections of the rule. Thus, very small portions of southeastern However, lesser prairie-chickens tend to we based our range decline estimates on Quay County. The ecoregion map predominantly rely on cultivated grains the time period from pre-European referenced by the commenter is when production of natural foods, such settlement to 2007. At stated in the provided in the Lesser Prairie-Chicken as acorns and grass and forb seeds, are response to comment 7 under Peer Range-wide Conservation Plan. deficient, particularly during drought Reviewer Comments, above, our Southeastern Quay County is identified and severe winters (Copelin 1963, p. 47; calculations of the loss of historical as part of the shinnery oak prairie in the Ahlborn 1980, p. 57). Overall, the range are an estimate and not an exact figures provided in the Lesser Prairie- amount of land used for crop value, but they demonstrate that the Chicken Range-wide Conservation Plan, production nationally has remained range of the lesser prairie-chicken likely but the southwestern portion of the relatively stable over the last 100 years, has contracted substantially since county is not included (Van Pelt et al. although the distribution and historical times. In the Summary of 2013, p. 80). As stated in the proposed composition have varied (Lubowski et Factors Affecting the Species, we rule, the New Mexico Department of al. 2006, p. 6; Sylvester et al. 2013, p. provide evidence to support that the Game and Fish (NMDGF) reports that no 13). Despite the stability in crop

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production, the availability of grains has Our Response: We provide a complete patterns than lesser prairie-chickens; not slowed the decline of the species discussion of the impacts associated this makes data from a sage grouse field since pre-European settlement. As some with fence collisions in the Collision study a poor surrogate for assessing cropland is transitioned to non- Mortality section of the Summary of risks to lesser prairie-chickens. Second, agricultural uses, new land is being Factors Affecting the Species. This it is unclear from the study if the source brought into cultivation helping to section also includes metrics on of toxicity was the application of the sustain the relatively constant amount collision mortality associated with insecticide to the alfalfa field or a of cropland in existence over that fences and other manmade structures; different insecticide applied to a nearby period. Nationally, the amount of however, precisely quantifying the field prior to initiation of the study. cropland that was converted to urban scope of the impact of fence collisions Our Response: We stated in the uses between 1982 and 1997 was about rangewide is largely unquantified due to proposed rule that in the absence of 1.5 percent (Lubowski et al. 2006, p. 3). a lack of relevant information. However, more conclusive evidence, we do not During that same period nationally, the prevalence of fences and power currently consider application of about 24 percent of cultivated cropland lines within the species’ range suggests insecticides for most agricultural was converted to less intensive uses these structures may have at least purposes to be a threat to the species. such as pasture, forest, and CRP localized, if not widespread, detrimental However, we also state the primary (Lubowski et al. 2006, p. 3). Thus, a effects. While some conservation conclusion of the only study we are decline in grain production is not programs, including WHIP, have aware of that has evaluated the use of directly associated with lesser prairie- emphasized removal of unneeded dimethoate on grouse species. The study chicken population declines. fences, it is likely that a majority of finds that, of approximately 200 greater existing fences will remain on the sage grouse known to be feeding in a Threats landscape indefinitely without block of alfalfa sprayed with (29) Comment: Members of the public substantially increased removal efforts. dimethoate, 63 were soon found dead, stated that hunting is driving the species Existing fences likely operate and many others exhibited intoxication to extinction and should be banned cumulatively with other mechanisms and other negative symptoms (Blus et al. before listing is enacted. Others simply described in this rule to diminish the 1989, p. 1139). Because lesser prairie- stated that hunting (or overutilization) is ability of the lesser prairie-chicken to chickens are known to selectively feed not a significant issue for the species or persist, particularly in areas with a high in alfalfa fields (Hagen et al. 2004, p. a cause for overutilization. density of fences. 72), there is cause for concern that Our Response: Hunting programs are (31) Comment: Disease and predation similar impacts could occur. Although administered by State wildlife agencies. are not significant issues for the lesser we acknowledge that greater sage grouse Currently, lesser prairie-chicken harvest prairie-chicken. have different behavior patterns than is allowed only in Kansas. As discussed Our Response: We do not consider the lesser prairie-chicken, there are no in the Hunting and Other Forms of disease or parasite infections to be a peer-reviewed studies available to us Recreation, Educational, or Scientific significant factor in the decline of the that specifically analyze the effects of Use section of the rule, we do not lesser prairie-chicken. However, should insecticides on lesser prairie-chickens. consider hunting to be a threat to the populations continue to decline or Therefore, it is reasonable to use this species at this time. However, as become more isolated by fragmentation, study to draw a broad conclusion that populations become smaller and more even small changes in habitat similar impacts to the lesser prairie- isolated by habitat fragmentation, their abundance or quality could have a more chicken are possible. The researchers resiliency to the influence of any significant influence on the impact of note that a flock of about 200 sage additional sources of mortality will parasites and diseases. Alternatively, grouse occupied a field that was sprayed decline. Intentional hunting of the lesser predation has a strong relationship with with the insecticide on August 1; about prairie-chicken will be prohibited when certain anthropogenic factors, such as 30 intoxicated and dead grouse were this listing goes into effect. Please refer fragmentation, vertical structures, and observed the following day with the last to the final 4(d) special rule published roads, and continued development is verified insecticide-related mortality elsewhere in today’s Federal Register likely to increase the effects of predation occurring on August 12 (Blus et al. for an explanation of the prohibited on lesser prairie-chickens beyond 1989, p. 1142). The study further actions, and exceptions to those natural levels. As a result, predation is verifies, through brain chemistry prohibitions, that are necessary and likely to contribute to the declining analysis of the greater sage grouse, that advisable for the conservation of the status of the species. This is discussed at least 10 deaths directly resulted from lesser prairie-chicken. further in the Predation section of the dimethoate (Blus et al. 1989, p. 1142). (30) Comment: The proposed rule final rule. The commenter provides no Therefore, this study represents the best indicates that collisions with fences are rationale (e.g., literature or scientific available science and provides evidence an important source of mortality, but no evidence) to support his assertion that to support that insecticides may present actual data or numbers killed were predation is not a threat to the lesser a concern for the lesser prairie-chicken; given. Further, any risk posed by fences prairie-chicken. however, we also recognize that there is should be discounted because ranchers (32) Comment: The broad statement not enough evidence provided to will remove or replace fences in the regarding the avian toxicity of determine that insecticides present a future, which could benefit lesser dimethoate (an insecticide) to lesser threat to the species as a whole. prairie-chickens. The most recent data prairie-chickens made by the Service is (33) Comment: The proposed rule do not support that fence collision takes not scientifically defensible. The states the distance that the lesser a significant number of birds (Hagen statement was based on a single study prairie-chicken avoids around manmade 2012, entire; Grisham et al. 2012, that was outdated and of questionable infrastructure, including a wind turbine, entire). Additionally, the Service fails to quality and the Service’s conclusion is more than 1.6 km (1 mi). The Service acknowledge the amount of fence attributing sage grouse mortality to the should provide conclusive evidence or removal conducted through chemical is not supported by the study. studies that birds entirely disappear conservation efforts like the Wildlife First, the study was on sage grouse, from a habitat area due to manmade Habitat Incentive Program (WHIP). which have very different behavior structures. The science is unclear on

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whether or not individual birds will consistently return to a particular lek entire; Hagen et al. 2004, entire; Pitman return to areas where wind and site (Copelin 1963, pp. 29–30; Hoffman et al. 2005, entire; Pruett et al. 2009a, transmission lines have been developed 1963, p. 731; Campbell 1972, pp. 698– entire; Hagen et al. 2011 entire). This after initial construction ceases. 699). Once a lek site is selected, males avoidance behavior is presumed to be a Our Response: In the ‘‘Causes of persistently return to that lek year after behavioral response that serves to limit Habitat Fragmentation Within Lesser year (Wiley 1974, pp. 203–204). They exposure to predation. We are Prairie-Chicken Range’’ section, we often will continue to use these concerned not only with an actual present the results of the following traditional areas even when the increase in the impact of avian studies to provide evidence that natural surrounding habitat has declined in predation, but also, and even more so, vertical features like trees and artificial value (for example, concerning greater with the avoidance behavior of the above ground vertical structures such as sage-grouse; see Harju et al. 2010, lesser prairie-chicken causing power poles, fence posts, oil and gas entire). The Service recognizes that individuals to leave fragmented areas of wells, towers, and similar developments Vodenhal et al. (2011, unpaginated) otherwise suitable habitats. Further can cause general habitat avoidance and observed greater prairie-chickens discussion is provided in the Predation displacement in lesser prairie-chickens lekking near the Ainsworth Wind and ‘‘Causes of Habitat Fragmentation and other prairie grouse: Anderson Energy Facility in Nebraska since 2006. within Lesser Prairie-Chicken Range’’ 1969, entire; Robel 2002, entire; Robel et The average distance of the observed sections. al. 2004, entire; Hagen et al. 2004, display grounds to the nearest wind (36) Comment: Studies including entire; Pitman et al. 2005, entire; Pruett turbine tower was 1,430 m (4,689 ft) for Toepfer and Vodehnal (2009) and et al. 2009a, entire; and Hagen et al. greater prairie-chickens. The Vodenhal Sandercock et al. (2012) require further 2011 entire. This avoidance behavior is et al. (2011, unpaginated) study appears analysis in the listing rule. These presumably a behavioral response that to indicate that greater prairie-chickens studies bring into question the Service’s serves to limit exposure to predation. may be more tolerant of wind turbine central premise that fragmented habitat The observed avoidance distances towers than other species of prairie causes the species to be in danger of vary depending upon the type of grouse because they continued to use extinction in the foreseeable future. structure and are likely also influenced areas near the wind facility despite Our Response: We have added a by disturbances such as noise and visual presence of the towers. Occurrence near discussion of these studies in the Wind obstruction associated with these these structures may actually be due to Power and Energy Transmission features. According to Robel (2002, p. strong site fidelity or continued use of Operation and Development section, 23), a single commercial-scale wind suitable habitat remnants, though these below. The most significant impact of turbine creates a habitat avoidance zone populations may not be able to sustain wind energy development on lesser for the greater prairie-chicken that themselves without immigration from prairie-chickens is caused by the extends as far as 1.6 km (1 mi) from the surrounding populations (i.e., avoidance of useable space due the structure. Pitman et al. 2005 (pp. 1267– population sink) (Hagen 2004, p. 101). presence of vertical structures (turbine 1268) provides evidence to support that Thus, we conclude that this study towers and transmission lines) within lesser prairie-chickens likely exhibit a supports the concept of site fidelity, as suitable habitat. The noise produced by similar response to tall structures like birds appear to return to the area despite wind turbines also is anticipated to wind turbines. These studies do not the diminished habitat quality. Other contribute to behavioral avoidance of indicate that lesser prairie-chickens will recent research supports that vertical these structures. Avoidance of these never occur within 1.6 km (1 mi) of a features, including wind turbines, cause vertical structures by lesser prairie- manmade structure, but they provide general habitat avoidance and chickens can be as much as 1.6 km (1 evidence to support that observed displacement in lesser prairie-chickens mi), resulting in large areas (814 avoidance distances can be much larger and other prairie grouse (Anderson hectares (ha) (2,011 acres (ac)) for a than the actual footprint of the 1969, entire; Robel 2002, entire; Robel et single turbine) of unsuitable habitat structure. Thus, these structures can al. 2004, entire; Hagen et al. 2004, relative to the overall footprint of a have significant negative impacts by entire; Pitman et al. 2005, entire; Pruett single turbine. Where such development contributing to further fragmentation of et al. 2009a, entire; Hagen et al. 2011, has occurred or is likely to occur, these otherwise suitable habitats. As human- entire; Hovick et al. unpublished areas are no longer suitable for lesser made structures continue to be manuscript, entire). prairie-chicken even though many of the developed across the landscape, other (35) Comment: The Service relies typical habitat components used by factors contributing to habitat loss and heavily on the potential for predation lesser prairie-chicken remain. Therefore, fragmentation include conversion of facilitated by tall structures like wind the significant avoidance response of grasslands to agricultural uses; turbines without substantial research. the species to these developments and encroachment by invasive, woody Predation is hypothesized to be a reason the scale of current and future wind plants; wind energy development; for lesser prairie-chicken avoidance of development likely to occur within the petroleum production; and roads. The tall structures, but this hypothesis has range of the lesser prairie-chicken leads cumulative effect of these factors is not been adequately studied. us to conclude that wind energy readily apparent at the regional scale, Our Response: Recent research, as development is a threat to the species, causing isolation of populations at cited in the final rule, demonstrates that especially when considered in regional, landscape, and local levels. natural vertical features like trees and combination with other habitat- (34) Comment: Vodenhal et al. (2011, artificial, aboveground vertical fragmenting activities. entire) found greater prairie-chickens to structures (such as power poles, fence (37) Comment: In its assessment of lek, nest, brood, and remain in the posts, oil and gas wells, towers, and risks from herbicides, the Service never proximity of a Nebraska wind farm similar developments) can cause general acknowledges current limited use of despite the presence of localized, habitat avoidance and displacement in herbicides to remove shinnery oak and towering structures. This study is at lesser prairie-chickens and other prairie also fails to acknowledge that the New odds with the notion of site fidelity. grouse (Anderson 1969, entire; Mexico and Texas CCAAs require Our Response: Male lesser prairie- Fuhlendorf et al. 2002a, pp. 622–625; reductions in herbicide use. The Service chickens have high site fidelity and Robel 2002, entire; Robel et al. 2004, never addresses the Grisham (2012) 10-

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year study, which ‘‘. . . ultimately analysis, as little information evaluating Our Response: We analyzed the best suggests that reduced rates of herbicide the effects of climate change on the scientific and commercial information and short-duration grazing treatments species and its habitat was available at available on both conservation efforts are not detrimental to lesser prairie- that time. Predictions provided by and conservation measures intended to chicken nesting ecology.’’ Grisham et al. (2013, p. 8) indicate that minimize potential adverse effects to the Our Response: Grisham (2012, p. 115) the prognosis for persistence of lesser species and its habitat. Where states that the low dose of herbicide prairie-chickens within this isolated commenters provided additional used in the study was designed to region on the southwestern periphery of specific information for us to consider, reduce, not eliminate, shrubs; most the range is considerably worse than we have included that information in nests maintained some form of shrub previously predicted. This provides our consideration of the status of the component. Grisham caveats his further evidence that climate change is species in the development of this final management implications by stating that likely to contribute to the current and rule. In most instances, however, the higher doses may be detrimental to future threats affecting the lesser prairie- commenters did not provide specific nesting lesser prairie-chickens because chicken. This new information has been information on additional conservation high doses completely eliminate added to the rule and further supports efforts and measures that warrant shinnery oak from the community that these impacts are likely to occur in further consideration. Without this (Peterson and Boyd 1998, as cited in the foreseeable future. We anticipate information, we cannot specifically Grisham 2012, p. 115). In their analysis that climate-induced changes in address these concerns. of the status of the species, the Service ecosystems, including grassland Service Policy considered the conservation measures ecosystems used by lesser prairie- currently implemented to reduce chickens, coupled with ongoing habitat (41) Comment: An environmental herbicide use. loss and fragmentation, will interact in impact statement should be prepared to (38) Comment: Although the Service ways that will amplify the individual assess the social and economic impact seems to acknowledge that climate negative effects of these and other of endangered or threatened listing. change is not presently harming the threats identified in this final rule Our Response: As stated in the lesser prairie-chicken and will occur (Cushman et al. 2010, p. 8). proposed rule, we have determined that over the next 60 years, the available data Furthermore, ongoing and future habitat environmental assessments and do not support a conclusion that any of fragmentation is likely to negatively environmental impact statements need those potential effects are foreseeable. affect the species’ ability to respond to not be prepared in connection with Alternatively, other commenters assert climate change. regulations adopted under section that the effects of climate change needs 4(a)(1) of the Act. We published a notice to be more thoroughly included in the Conservation Efforts outlining our reasons for this future threats that are challenging this (39) Comment: The effect of the Wind determination in the Federal Register species, otherwise the disturbances to Energy Habitat Conservation Plan (HCP) on October 25, 1983 (48 FR 49244). the species’ habitat is under- on the need to list the species is not (42) Comment: The Service has not represented. adequately discussed. The Service failed adequately defined ‘‘foreseeable future’’ Our Response: We used the best to analyze the expected positive impact as it relates to the status of the lesser scientific and commercial information of the HCP on lesser prairie-chicken prairie-chicken. The Service needs to available to develop the analysis of populations. establish the ‘‘foreseeable future’’ as a climate change presented in the Our Response: The Service anticipates period of years. In addition, the proposed rule. Since the publication of that the conservation program of the Service’s discussion of foreseeable the proposed rule, Grisham et al. (2013, Great Plains Wind Energy HCP could future and the status of the lesser entire) published a new study involve measures such as acquisition prairie-chicken uses vague terms (e.g., evaluating the influence of drought and and setting aside of conservation or ‘‘near term,’’ ‘‘near future’’) that suggest projected climate change on the mitigation lands. A draft HCP was an undefined future point in time marks reproductive ecology of the lesser submitted for review by the Service and the point where the species passes from prairie-chicken in the Southern High State agency partners in November of not being on the brink of extinction to Plains. They hypothesized that average 2013, but is not expected to be being on the brink of extinction. daily survival would decrease completed until the fall of 2015. Thus, Our Response: The Act does not dramatically under all climatic this conservation effort is still in the define the term ‘‘foreseeable future,’’ scenarios they examined. Nest survival development phase, and the HCP has and the Act and its implementing from onset of incubation through not yet been formalized. The future of regulations do not require the Service to hatching were predicted to be less than the HCP and its potential contribution quantify the time period of foreseeable or equal to 10 percent in this region to lesser prairie-chicken conservation is future. Further, in a 2009 memorandum within 40 years. Modeling results unclear at this time, and we cannot (M–37021, January 16, 2009) addressed indicated that nest survival would fall conclude that these efforts will be to the Acting Director of the Service, the well below the threshold for population finalized as they are in draft form at this Office of the Solicitor, Department of persistence during that time (Grisham et time. The HCP is further discussed in the Interior, concluded that ‘‘as used in al. 2013, p. 8). We have incorporated a the Multi-State Conservation Efforts the [Act], Congress intended the term discussion of Grisham et al. (2013, section of this final rule. ‘foreseeable future’ to describe the entire) in this final rule. (40) Comment: The proposal for extent to which the Secretary can Although estimates of persistence of listing should better recognize current reasonably rely on predictions about the lesser prairie-chickens provided by and ongoing voluntary conservation future in making determinations about Garton (2012, pp. 15–16) indicated that efforts in addition to conservation the future conservation status of the lesser prairie-chickens in the Shinnery measures that are in place to minimize species.’’ The memorandum (M–37021, Oak Prairie Region had a relatively high potential adverse effects resulting from January 16, 2009) goes on to state, ‘‘the likelihood of persisting over the next 30 activities including livestock grazing, foreseeable future is not necessarily years, the implications of climate pesticide use, and oil and gas reducible to a particular number of change were not fully considered in his development. years. Rather, it relates to the

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predictability of the impact or outcome lesser force in any portion of the notice of review (76 FR 66370, October for the specific species in question. . . . species’ range. Accordingly, our 26, 2011), and the absence of other Such definitive quantification, however, assessments and determinations apply candidate species that have the same or is rarely possible and not required for a to this species throughout its entire a lower listing priority number. ‘foreseeable future’ analysis.’’ In range. Our Response: The lesser prairie- assessing the status of the lesser prairie- (44) Comment: The Service should chicken was originally identified as a chicken, we applied the general revise its listing proposal to establish candidate for listing with a listing understanding of ‘‘in danger of several distinct population segments priority number (LPN) of 8 (63 FR extinction’’ discussed in the December (DPSs) of the lesser prairie-chicken in 31400, June 9, 1998). In 2008, we 22, 2010, memo to the polar bear listing the final rule and list each DPS as changed the LPN for the lesser prairie- determination file, ‘‘Supplemental endangered, threatened, or not chicken from an 8 to a 2 due to a change Explanation for the Legal Basis of the warranted depending on the best in the magnitude of threats from Department’s May 15, 2008, available science. moderate to high (73 FR 75176, Determination of Threatened Status for Our Response: Commenters generally December 10, 2008). The changes in the Polar Bear,’’ signed by then Acting did not provide specific information as threats was primarily due to an Director Dan Ashe (hereafter referred to to what populations they felt meet the anticipated increase in the development as Polar Bear Memo). A complete definition of a DPS; thus, we cannot of wind energy and associated discussion of how the Service has analyze what the commenter presumes placement of transmission lines applied these terms to the lesser prairie- to be a DPS. We specifically discuss this throughout the estimated occupied chicken is provided in the issue as it relates to the Kansas range of the lesser prairie-chicken. Determination section. population of lesser prairie-chicken in Conversion of certain CRP lands from (43) Comment: The Service failed to our response to comment 3 in Peer native grass cover to cropland or other evaluate whether the species is Reviewer Comments, above. Please refer less ecologically valuable habitat and endangered within any significant to the Determination section of this final observed increases in oil and gas portion of its range. The lesser prairie- listing rule for further discussion. development also were important chicken’s 81-percent decline in Texas, (45) Comment: Prohibiting actions on considerations in our decision to change from 236,000 sq km to 12,000 sq km private lands as a result of listing the the LPN. Our December 10, 2008 (73 FR (91,120 sq mi to 4,633 sq mi) and 94 species as threatened or endangered will 75176), candidate notice of review, percent in New Mexico (mostly in the constitute an uncompensated taking provides the factual or scientific basis mixed grass prairie Bird Conservation under the Eminent Domain Law and for changing the listing priority number. Region) clearly qualifies the species for would impair private property rights. (47) Comment: The proposed rule protection as endangered based on The Service should include better data summarily dismisses conservation threats within a significant portion of its on the social and economic values of measures without fairly addressing their range. private enterprise and private property breadth, effectiveness, and chance of Our Response: Under the Act and our rights. success. The Service must evaluate the implementing regulations, a species Our Response: Listing a species as conservation measures through, among may warrant listing if it is endangered threatened or endangered does not affect other things, PECE, and must fully or threatened throughout all or a constitutionally protected property consider how conservation measures significant portion of its range. To rights (see the Fifth Amendment to the will reduce or remove threats. A fair determine whether or not a species is U.S. Constitution). Executive Order evaluation of the conservation efforts endangered or threatened, we evaluate 12630 (Government Actions and will demonstrate that they are sufficient the five listing factors, which include Interference with Constitutionally to protect the lesser prairie-chicken. ‘‘the present or threatened destruction, Protected Private Property Rights) Our Response: We recognize the modification, or curtailment of its requires that we analyze the potential numerous conservation actions within habitat or range.’’ The historical decline takings implications of designating the historical range of the lesser prairie- of the species’ range, while highly critical habitat for a species in a takings chicken, with many focused primarily relevant in considering the existence or implications assessment. However, the on the currently occupied portion of the effect of threats to the species in its listing of a species does not affect range, during the last 10 to 15 years. See current range, cannot itself be the basis property rights, and, therefore, an the Summary of Ongoing and Future for listing. In the Determination section, assessment of potential takings of land Conservation Actions section of this below, we outline that the ongoing and is not necessary. rule. PECE applies to formalized future impacts of cumulative habitat (46) Comment: The proposed rule is conservation efforts that have not yet loss and fragmentation are the primary devoid of a discussion of whether the been implemented or those that have threats to the species. These impacts are lesser prairie-chicken is still warranted- been implemented, but have not yet the result of conversion of grasslands to but-precluded from listing due to higher demonstrated whether they are effective agricultural uses; encroachment by priority listing actions and what at the time of listing. Conservation invasive, woody plants; wind energy changed since earlier warranted but efforts that are being implemented and development; petroleum production; precluded findings for this species that have demonstrated effectiveness are not roads; and presence of manmade now led to the issuance of a proposed within the scope of PECE. The effect of vertical structures, including towers, rule. The Service should consider and such conservation efforts on the status utility lines, fences, turbines, wells, and document examples of changes in the of a species is considered as part of the buildings. The threats to the survival of basis that would justify not continuing analysis of the five listing factors in the lesser prairie-chicken occur with to make a warranted-but-precluded section 4(a)(1) of the Act. equal force throughout all of the species’ finding. Such examples would include The PECE states that conservation remaining range and are not restricted to scientific information that indicates efforts that have not yet been any particular portion of its currently increased threats to the viability of the implemented or those that have been occupied range. In other words, there is species, a change in the Service’s implemented, but have not yet no indication that the threat of resources to address listing decisions demonstrated whether they are fragmentation occurs with greater or since the date of the 2011 candidate effective, must have reduced the threat

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at the time of listing, rather than Moreover, we provided the public the (Pub. L. 106–554; H.R. 5658)), and our reducing the threat in the future. To opportunity to comment on the use of associated Information Quality consider if a formalized conservation the Polar Bear Memo as it applies to the Guidelines, provide criteria, establish effort contributes to forming a basis for lesser prairie-chicken through the procedures, and provide guidance to not listing a species or for listing a publication of the proposed listing rule. ensure that our decisions are based on species as threatened rather than We did not receive any substantive the best scientific data available. endangered, we must find that the comments providing evidence contrary Information sources may include the conservation effort is sufficiently certain to our application of the memo to the recovery plan for the species, articles in to be implemented and effective so as to lesser prairie-chicken. Thus, this is an peer-reviewed journals, conservation have contributed to the elimination or appropriate use of our guidance. plans developed by States and counties, adequate reduction of one or more (49) Comment: Individuals requested scientific status surveys and studies, threats to the species identified through the Service provide land management biological assessments, other the analysis of the five listing factors in recommendations for post-listing unpublished materials, or experts’ section 4(a)(1) of the Act. PECE states conservation of the species and its opinions or personal knowledge. that the Service must have a high level habitat. Specifically, the public Despite the fact that these theses were of certainty that the conservation effort requested details on compatible grazing not published, they still contain will be implemented and effective, and management, predator control plans, credible scientific information and has resulted in reduction or elimination relocation of birds, etc. represent the best scientific and of one or more threats at the time of Our Response: Management commercial data available. listing. recommendations as may be necessary (52) Comment: The science for the In this final rule, we considered to achieve conservation and survival of proposed rule should be peer-reviewed whether formalized conservation efforts the species will be addressed through based on National Academy of Science are included as part of the baseline recovery planning efforts. Under section standards for conflicts of interest, and through the analysis of the five listing 4(f)(1) of the Act, we are required to the Service should provide specific develop and implement plans for the factors, or are appropriate for questions to be addressed in the peer conservation and survival of endangered consideration under the PECE policy. review. (48) Comment: The Service’s and threatened species, unless the application of the categories of species Secretary of the Interior finds that such Our Response: In accordance with our ‘‘in danger of extinction’’ identified in a plan will not promote the joint policy published in the Federal the Polar Bear Memo when determining conservation of the species. We will Register on July 1, 1994 (59 FR 34270), whether to list the lesser prairie-chicken move to accomplish these tasks as soon we sought the expert opinions of at least is inappropriate in several respects. as feasible. three appropriate and independent First, the Service’s definition of (50) Comment: The Service should specialists regarding the proposed rule. categories of species ‘‘in danger of use the same standard of review and The purpose of such review is to ensure extinction’’ constitutes an improper documentation of science as outlined in that our determination of status for this rulemaking without adequate the 1994 Interagency Cooperative Policy species is based on scientifically sound opportunity for notice and comment. on Information Standards under the Act data, assumptions, and analyses. We Second, the Service’s reliance on this (59 FR 34271, July 1, 1994); in many invited these peer reviewers to general categorization is inconsistent instances in the proposed rule, the comment, during the public comment with the Act, which requires individual Service cites a supporting source, which period, on our use and interpretation of analyses of the factors affecting each cites another source as the original the science used in developing our species when evaluating whether listing scientific information. proposal to list the lesser prairie- is warranted, and is therefore arbitrary Our Response: Without specific chicken. Comments from these peer and capricious. identification of the instances in the reviewers have been reviewed, Our Response: As required by section proposed rule where the Service cites considered, and incorporated into this 4(a)(1) of the Act, the Service other sources than the original scientific final rule, as appropriate. determined whether the lesser prairie- information, we are unable to provide a Summary of Changes From the chicken is an endangered or threatened specific response. However, we Proposed Rule species based on the five listing factors. acknowledge that in five instances we See the Summary of Factors Affecting reference information that was cited in Based upon our review of the public the Species section of this rule for our another document. We clearly identified comments, comments from other analysis. each of these five instances within the Federal and State agencies, peer review As outlined in our response to proposed rule, as well as the final rule. comments, issues addressed at the comment 42, above, the Polar Bear In four of the five instances, we public hearings, and any new relevant Memo provides further guidance on the provided at least one additional citation information that may have become statutory difference between a to support the information provided. available since the publication of the threatened species and an endangered (51) Comment: The Service cites proposal, we reevaluated our proposed species. This memo was not a multiple masters’ theses in the proposed rule and made changes as appropriate. rulemaking document that required the rule, and these documents are not peer- Other than minor clarifications and opportunity for notice and comment— reviewed, published literature. incorporation of additional information its categorizations are not binding; they Therefore, they do not represent the best on the species’ biology, this are merely a helpful analytical tool. As available science. determination differs from the proposal explained more fully in the rule, the Our Response: Our policy on by: Polar Bear Memo clarifies that if a information standards under the Act (1) Based on comments and our species is in danger of extinction now, (published in the Federal Register on analyses of the available literature, we it is an endangered species. In contrast, July 1, 1994 (59 FR 34271)), the have added a section on Taxonomy of if it is in danger of extinction in the Information Quality Act (section 515 of the genus Tympanuchus, with foreseeable future, it is a threatened the Treasury and General Government particular emphasis on the lesser species. Appropriations Act for Fiscal Year 2001 prairie-chicken.

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(2) We have updated the Summary of prairie grouse in the United States. They In accordance with general CRP Ongoing and Future Conservation reported on two separate releases of guidelines, crop producers can Efforts section below and included an lesser prairie-chickens, one in Texas voluntarily enroll eligible lands in 10- to evaluation of conservation efforts and one in Colorado, during the 1980s, 15-year contracts in exchange for pursuant to our Policy for Evaluation of both of which were unsuccessful payments, incentives, and cost-share Conservation Efforts When Making (Snyder et al. 1999, p. 429). Despite the assistance to establish appropriate Listing Decisions (68 FR 15100, March lack of success, translocations are vegetation on enrolled lands. Program 28, 2003). becoming increasingly popular as a administrators may focus efforts on (3) We have added a section on the means of conserving populations of rare certain environmentally sensitive lands influence of noise associated with and declining species (Bouzat et al. under a continuous signup process. The development activities. 2009, p. 192). Although the best State Acres for Wildlife Enhancement (4) We have added information on available information does not indicate program (SAFE) is a specific wing loading in grouse and a section on any current efforts to propagate or conservation practice utilized under conservation genetics. translocate lesser prairie-chickens, CRP to benefit high-priority wildlife (5) We have also updated the future conservation efforts may involve species including the lesser prairie- ‘‘Rangewide Population Estimates’’ such measures. chicken. Landowners may elect to enroll section to reflect the most current State The State conservation agencies have in this program at any time under survey information. taken a primary role in implementation continuous sign-up provisions. Summary of Ongoing and Future of the conservation actions described Beginning in 2008, the SAFE program Conservation Efforts below, but several Federal agencies and was implemented in Colorado, Kansas, In this section we review current private conservation organizations have New Mexico, Oklahoma, and Texas to efforts that are providing some played an important supporting role in target grassland habitat improvement conservation benefits to the lesser many of these efforts. Recently, several measures within the range of the lesser prairie-chicken and describe any multi-State efforts have been initiated, prairie-chicken. These measures help significant conservation efforts that and the following section discusses the improve suitability of existing appear likely to occur in the future. We known conservation efforts for the lesser grasslands for nesting and brood rearing also completed an analysis of the prairie-chicken. by lesser prairie-chickens. Currently, there are almost 86,603 hectares (ha) Western Association of Fish and Multi-State Conservation Efforts Wildlife Agencies’ Lesser Prairie- (214,000 acres (ac)) allocated for the Chicken Range-wide Conservation Plan The Conservation Reserve Program lesser prairie-chicken SAFE program (rangewide plan), developed in (CRP), administered by the U.S. (CP–38E) in Colorado, Kansas, New association with the Interstate Working Department of Agriculture’s (USDA) Mexico, Oklahoma, and Texas. Group, pursuant to PECE. Farm Service Agency (FSA) and focused Allocated acres for the SAFE program Numerous conservation actions have on certain agricultural landowners, has vary by State and are as follows: been implemented within the historical provided short-term protection and Colorado 8,700 ha (21,500 ac); Kansas range of the lesser prairie-chicken, many enhancement of millions of acres within 21,084 ha (52,100 ac); New Mexico focused primarily on the currently the range of the lesser prairie-chicken. 1,052 ha (2,600 ac); Oklahoma 6,111 ha occupied portion of the range, during The CRP is a voluntary program that (15,100 ac); and Texas 49,655 ha the last 10 to 15 years. In the past, allows eligible landowners to receive (122,700 ac). The current status of the prairie grouse translocation efforts have annual rental payments and cost-share SAFE program, organized by State, is been implemented for both conservation assistance to remove land from provided in the State-Specific and recreation purposes. Releases of agricultural production and establish Conservation Efforts section, below. prairie chickens in Hawaii may have vegetative cover for the term of the In 2012, the FSA announced another been one of the first attempts at contract. Contract terms are for 10 to 15 CRP initiative addressing highly relocation outside of the historical range years, and the amount and dispersion of erodible lands. This nationwide in North America (Phillips 1928, p. 16; land enrolled in CRP fluctuates as initiative, the CRP Highly Erodible Land see ‘‘Historical Range and Distribution’’ contracts expire and new lands are Initiative, is intended to protect certain section below). Most releases of lesser enrolled. All five States within the range environmentally sensitive lands by prairie-chickens have been in an of the lesser prairie-chicken have lands allowing landowners nationally to attempt to repatriate portions of the enrolled in CRP. Initially, many enroll up to 303,500 ha (750,000 ac) of historical range. Kansas began efforts to enrolled CRP lands, except those in lands having an erodibility index of 20 raise lesser prairie-chickens in captivity Kansas, were planted in nonnative or greater. The initiative may further during the 1950s in an effort to secure grasses as the predominant cover type. contribute to the short-term protection sufficient numbers for limited releases In the State of Kansas, enrolled lands and enhancement of additional acres (Coats 1955, p. 3). Toepfer et al. (1990, were planted in native species of grasses within the range of the lesser prairie- entire) summarized historical attempts as the cover type, resulting in a chicken. On average, lands with an to supplement or reestablish considerable benefit to lesser prairie- erodibility index of 20 or greater have populations of prairie grouse; most met chicken conservation. As the program an erosion rate that exceeds 20 tons of with poor success. Prior to 1970, there has evolved since its inception in 1985, soil eroded per acre per year. The term had been few attempts to supplement or the FSA and their conservation partners of these contracts is a 10 year period. reestablish populations of lesser prairie- have encouraged the use of native The FSA, based on an analysis by Playa chickens (Toepfer et al. 1990, p. 570). grasses as the predominant cover type in Lakes Joint Venture, estimates that there Kruse (1973, as cited in Toepfer et al. CRP lands, resulting in improved are 278,829 ha (689,000 ac) of active 1990, p. 570) reported on a release of conservation benefits for lesser prairie- cropland with an erodibility index of 20 lesser prairie-chickens in Colorado chickens. Use of native grasses in the or higher remaining within the during 1962 that was unsuccessful. CRP helps create suitable nesting, estimated occupied range of the lesser Snyder et al. (1999, entire) summarized wintering, and brood rearing habitat for prairie-chicken (FSA 2013, p. 41). The more recent attempts to translocate the lesser prairie-chicken. vast majority of these lands occur in

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eastern New Mexico, the west Texas implementation of conservation practice establish and improve fish and wildlife panhandle, western Oklahoma, and standards and associated conservation habitat. Cost-share agreements between southwestern Kansas. More detailed measures for the LPCI are anticipated to NRCS and the landowner may extend information on the CRP is provided in result in a positive population response up to 15 years from the date the the ‘‘Conservation Reserve Program by the species. agreement is signed. By entering into a (CRP)’’ section below. The NRCS has partnered with other contract with NRCS, the landowner In 2010, the USDA Natural Resources stakeholders to fund, through the agrees to implement specified Conservation Service (NRCS) began Strategic Watershed Action Teams conservation actions through provisions implementation of the Lesser Prairie- program, additional staff positions of the applicable Farm Bill conservation Chicken Initiative (LPCI). The LPCI dedicated to providing accelerated and program, such as WHIP or EQIP. strategically provides conservation targeted technical assistance to Between the LPCI’s inception in 2010 assistance, both technical and financial, landowners within the current range of and the close of 2012, NRCS has to landowners throughout the LPCI’s the lesser prairie-chicken. Technical established 701 contracts on over action area, which encompasses the assistance is voluntary help provided by 381,000 ha (942,572 ac), with the lesser prairie-chicken’s estimated NRCS that is intended to assist non- majority of contracts (65 percent) and occupied range plus a 16-km (10-mi) federal land users in addressing area (46 percent) under contract buffer. The LPCI focuses on opportunities, concerns, and problems occurring in Texas (Shaughnessy 2013, maintenance and enhancement of related to the use of natural resources pp. 29–30). Over $24.5 million in suitable habitat while benefiting and to help land users make sound funding has been committed to agricultural producers by maintaining natural resource management decisions implementation of the LPCI between the farming and ranching operations on private, tribal, and other non-federal 2010 and the close of 2012. In 2013, an throughout the region. Twenty-seven land. This assistance may be in the form additional 67 contracts were established different practices, under the core of resource assessment, practice design, on about 89,272 ha (220,598 ac) conservation practice Upland Wildlife resource monitoring, or follow-up of (Ungerer 2013a). The majority of the Habitat Management (645), are used in installed practices. Numerous partners 2013 contracts were established in the implementation of the LPCI. Examples are involved in the multi-state LPCI, estimated occupied range in Kansas (37 of the various practices, which are including the State conservation contracts totaling 14,672 ha (36,256.1 explained in more detail in the agencies, the Playa Lakes Joint Venture, ac)), although New Mexico had the November 22, 2013, conference opinion and the Wood Foundation. The largest acreage (11 contracts on 53,522 described below, include prescribed Environmental Quality Incentives ha (132,255.8 ac)) placed under contract grazing, prescribed burning, and the Program (EQIP) and the Wildlife Habitat in 2013. management or removal of woody Incentives Program (WHIP), through the plants including invasive species. These Working Lands for Wildlife partnership, The NRCS also jointly administers the practices are applied or maintained are the primary programs used to Grassland Reserve Program with the annually for the life of the practice, provide for conservation through the FSA. The Grassland Reserve Program is typically 1 to 15 years, to treat or LPCI. The lesser prairie-chicken is one a voluntary conservation easement manage habitat for lesser prairie- of seven focal species being addressed program that emphasizes, among other chickens. by the Working Lands for Wildlife things, enhancement of plant and The LPCI and related NRCS activities partnership. Through the Working animal biodiversity and protection of were the focus on the November 22, Lands for Wildlife Partnership, grasslands under threat of conversion to 2013, conference opinion that the NRCS participating landowners and other other uses. Participants may choose a developed in coordination with the cooperators who agree to adhere to the 10-, 15-, or 20-year contract, or they may Service. In the conference opinion, the requirements of the program are opt to establish a permanent/perpetual Service states that implementation of provided with regulatory predictability; conservation easement. Participants the NRCS conservation practices and they are exempted from the Act’s ‘‘take’’ voluntarily limit future development their associated conservation measures prohibition of listed species for up to 30 and cropping uses of the easement land described in the conference opinion are years, as long as the covered while retaining the right to conduct anticipated to result in a positive conservation practices are maintained common grazing practices, through population response by the species by and take is incidental to the development of a grazing management reducing or eliminating adverse effects. implementation of these conservation plan, and operations related to the Furthermore, the Service states that practices. production of forage and seeding, overwhelming conservation benefits of The EQIP is a voluntary program that subject to restrictions during nesting implementation of the proposed action provides financial and technical seasons. Within the five lesser prairie- within selected priority areas, assistance to agricultural producers chicken States, there were a total of two maintenance of existing habitat, and through contracts up to a maximum parcels totaling 494.5 ha (1,221.9 ac) enhancement of marginal habitat will term of 10 years in length. These under permanent easement, both in outweigh short-term negative impacts to contracts provide financial assistance to Texas (Ungerer 2013b). Only one of individual lesser prairie-chickens. help plan and implement conservation these parcels was within a county that Implementation of the LPCI is expected practices that address natural resource included portions of the estimated to result in: Management of threats that concerns and opportunities to improve occupied range. The other, located in adversely affect populations, an increase soil, water, plant, animal, air, and Armstrong County, lies within the in habitat under the appropriate related resources on agricultural land. historical range in Texas. There also are management prescriptions, and the Similarly, WHIP is a voluntary program several Wetland Reserve Program development and dissemination of designed for landowners who want to easements within the five lesser prairie- information on the compatibility of develop and improve wildlife habitat on chicken States that may include some sustainable ranching operations with agricultural land, including tribal lands. areas of grassland adjacent to the the persistence of this species across the Through WHIP, NRCS may provide both identified wetland resource. Several of landscape. Through the conference technical assistance and up to 75 these parcels are within or adjacent to opinion, the Service found that effective percent cost-share assistance to the estimated occupied range, but most

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of these parcels are small, generally less al. 2008, entire). Most recently, the maintenance, and decommissioning and than 81 ha (200 ac) in size (Ungerer Working Group and the Western remediation), and finally general 2013b). Association of Fish and Wildlife activities (hunting, off-highway vehicle The North American Grouse Agencies (WAFWA) expended (OHV) activity, general construction, Partnership, in cooperation with the considerable effort to develop the Lesser and other land management), all of National Fish and Wildlife Foundation Prairie-Chicken Range-Wide which are further defined within the and multiple State conservation Conservation Plan (hereafter referred to plan. agencies and private foundations, have as rangewide plan) that encompassed all The rangewide plan identifies embarked on the preparation of the five States within the occupied range of rangewide and ecoregional population prairie grouse portions of an the species (Van Pelt et al. 2013, entire). goals for the lesser prairie-chicken and overarching North American Grouse In October of 2013, we determined that the amount and condition of habitat Management Strategy. The Prairie the rangewide plan, when implemented, desired to achieve the population goals, Grouse Conservation Plan, which was would provide a net conservation including focal areas and connectivity completed in 2007 (Vodehnal and benefit for the lesser prairie-chicken, zones where much of the conservation Haufler 2007, entire), provides recovery and, we, in turn, provided our would be targeted. The rangewide actions and defines the levels of funding endorsement of the rangewide plan population goal, based on an annual necessary to achieve management goals (Ashe 2013). spring average over a 10-year time for all species of prairie grouse in North The rangewide plan is a voluntary frame, is set at 67,000 birds. Ecoregional America, including the lesser prairie- conservation strategy that establishes a specific goals have been set at 8,000 chicken. The plan uses an ecosystem mitigation framework administered by birds in the Shinnery Oak Prairie approach to address habitat needs of WAFWA for the purpose of allowing Region, 10,000 birds in the Sand prairie grouse within the Great Plains, plan participants the opportunity to Sagebrush Prairie Region, 24,000 birds concentrating on grassland conservation mitigate any unavoidable impacts of a in the Mixed Grass Prairie Region and and restoration that will provide habitat particular development activity on the 25,000 birds in the Short Grass/CRP conditions for lesser prairie-chickens, lesser prairie-chicken and providing Mosaic region. These regional goals and among other prairie grouse (Vodehnal financial incentives to landowners who the overall rangewide population goal and Haufler 2007, p. 1). The plan also voluntarily participate and manage their may be adjusted after the first 10 years specifically states that, for the lesser property for the benefit of the lesser of implementation using principles of prairie-chicken, grasslands should be prairie-chicken. The rangewide plan adaptive management. In addition to an managed to protect and maintain specifically allocates conservation adaptive management framework, the existing tracts of native mixed-grass, objectives such that 25 percent of the rangewide plan also identifies specific shinnery oak, and sagebrush prairies, conservation would be in long-term monitoring and research needs. The and that conservation efforts to retain agreements (over 10 years) while the plan also includes a number of and restore grasslands acres should remaining 75 percent of the conservation measures designed to include reestablishing grassland and conservation would be in short-term (5- avoid, offset, or minimize anticipated shrublands within the species’ range or 10-year) contracts. Compensation for impacts of proposed developments that (Vodehnal and Haufler 2008, p. 16). The unavoidable impacts would be likely will be implemented by those plan outlines recommendations to provided, when possible, through off- participating in the plan. The specific improve CRP lands for lesser prairie- site mitigation actions. Within the plan, language for each of the identified chickens, such as converting CRP lands the service areas coincide with the four measures is provided in more detail planted in nonnative grasses to native ecoregions described by McDonald et al. within the plan. grass mixes (Vodehnal and Haufler (2012, p. 7): The Shinnery Oak Prairie The rangewide plan incorporates a 2008, pp. 18–19). The prairie grouse Region (eastern New Mexico and focal area strategy as a mechanism to portions of this plan encompass about southwest Texas panhandle), the Sand identify and target the population and 26 million ha (65 million ac) of Sagebrush Prairie Region (southeastern habitat goals established by the plan. grassland habitat in the United States Colorado, southwestern Kansas, and This focal area strategy is intended to and Canada. The extent to which this western Oklahoma panhandle), the direct conservation efforts into high strategy is being implemented for the Mixed Grass Prairie Region priority areas and facilitate creation of lesser prairie-chicken is not known. (northeastern Texas panhandle, western large blocks of quality habitat in The Lesser Prairie-Chicken Interstate Oklahoma, and south central Kansas), contrast to untargeted conservation Working Group (Working Group) was and the Short Grass/CRP Mosaic region efforts spread across larger areas that formed in 1996. This group, composed (northwestern Kansas). typically result in smaller, less largely of State agency biologists, which Development activities that would be contiguous blocks of appropriately is currently under the oversight of the covered under the rangewide plan managed habitat. These focal areas Western Association of Fish and include oil and gas development typically would have the following Wildlife Agencies’ Grassland (seismic and land surveying, characteristics: Average focal area size Coordinator, meets annually to share construction, drilling, completion, of at least 20,234 ha (50,000 ac); at least information on the status of the lesser workovers, operations and maintenance, 70 percent of habitat within each focal prairie-chicken, results of new research, and remediation and restorations area would be high quality, as defined and ongoing threats to the species. The activities), agricultural activities (brush in the plan; and enhanced connectivity, Working Group has played an important management, building and maintaining with each focal area generally located role in defining and implementing fences and livestock structures, grazing, no more than 32 km (20 mi) apart and conservation efforts for the lesser water/windmills, disturbance practices, connected by delineated zones between prairie-chicken. In 1999, they published and crop production), wind power, cell neighboring focal areas that would a conservation strategy for the lesser and radio towers, power line activities provide suitable habitat and allow for prairie-chicken (Mote et al. 1999, (construction, operations and movement between the focal areas. The entire). Then, in 2008, the Working maintenance, and decommissioning and corridors connecting the focal areas also Group published a lesser prairie- remediation), road activities would generally have certain chicken conservation initiative (Davis et (construction, operation and characteristics: Habitat within the

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identified corridors would consist of at activities have the potential to involve measures such as acquisition least 40 percent good- to high-quality significantly reduce the threat of and setting aside of conservation or habitat; distances between existing collision mortality on 44,110 ha mitigation lands. habitat patches would be no more than (109,000 ac) of occupied habitat. A diverse group of stakeholders 3.2 km (2 mi) apart; and corridor widths Our Partners for Fish and Wildlife representing energy, agricultural, and would be at least 8 km (5 mi), and Program (PFW) initiated a similar fence conservation industries and would contain few, if any, barriers to marking effort in New Mexico during organizations (Stakeholders) across five lesser prairie-chicken movement. The 2008. Although the amount of marked States within the occupied range of the lack of an identified connection fences has not been quantified, the effort lesser prairie-chicken, as well as between focal areas in the Shinnery Oak is an important contribution to ongoing Nebraska, have recently developed a Prairie Region with focal areas in the conservation efforts. The Texas PFW rangewide conservation plan remaining regions is the obvious program has marked 108 km (67 mi) and (Stakeholder Conservation Strategy) for exception to the identified guidelines. removed 53 km (33 mi) of fences the lesser prairie-chicken. The intent of The Shinnery Oak Prairie Region is throughout the State of Texas through this Stakeholder Conservation Strategy separated from the other regions by a the end of 2013. The Colorado PFW is to provide a framework for offsetting distance of over 300 km (200 mi) of program, in association with its many industry impacts to habitat while unfavorable land uses and very little partners, has marked approximately 16 providing incentives that would suitable lesser prairie-chicken habitat. km (10 mi) of fence. However, encourage landowners to conserve and Quality habitat used in determining continued fence construction manage habitat to the overall benefit of appropriate focal areas and connectivity throughout the range of the lesser the lesser prairie-chicken rangewide. zones has been defined in the rangewide prairie-chicken and the localized The proposed permit area includes the plan and will not be repeated here (Van influence of these conservation efforts estimated occupied range of the lesser Pelt et al. 2013, pp. 75–76). These likely limits the effectiveness of such prairie-chicken plus a 16-km (10-mi) habitat characteristics generally consist measures at the population level. buffer (EOR + 10; described in more of specific canopy covers, grass In 2008, the Service and nine States, detail in the ‘‘Current Range and composition and heights, and including the five States encompassing Distribution’’ section, below), including understory density that comprise the range of the lesser prairie-chicken, portions of New Mexico, Colorado, quality nesting and brood rearing began working with 17 wind energy Kansas, Oklahoma, and Texas. habitat that may be observed within the development companies to develop a Additionally, the planning area includes four regions delineated in the rangewide programmatic habitat conservation plan areas outside of the estimated occupied plan. Quality habitat as depicted in the (HCP). An HCP is a planning document range. Such areas would allow for rangewide plan corresponds with required as part of an application for a population expansion, provided habitat characteristics described in the permit for incidental take of a Federally implementation of appropriate Background section of this final rule. listed species. An HCP describes the conservation initiatives that facilitate The identified focal areas would anticipated effects of the proposed population expansion, and would encompass over 2.9 million ha (7.1 taking, how those impacts will be extend the reach of the overall planning million ac) and represents minimized or mitigated, and how the area to portions of Nebraska. Member approximately 36 percent of the HCP is to be funded. Initially, the Stakeholders include: Colorado estimated occupied range. endangered whooping crane (Grus Cattlemen’s Association, Kansas Farm Since 2004, the Sutton Center has americana) was the primary focus of Bureau, Oklahoma Farm Bureau, Texas been working to reduce or eliminate the this HCP (the Great Plains Wind Energy Farm Bureau, Texas and Southwestern mortality of lesser prairie-chickens due HCP). Since that time, the endangered Cattle Raisers Association, Plains Cotton to fence collisions on their study areas interior least tern (Sterna antillarum Growers, Texas Wheat Growers in Oklahoma and Texas. Forceful athalassos) and the threatened piping Association, Texas Watershed collisions with fences during flight can plover (Charadrius melodus) have been Management Foundation, cause direct mortality of lesser prairie- included in ongoing planning efforts. As Environmental Defense Fund, The chickens (Wolfe et al. 2007, pp. 96–97, planning efforts for the Great Plains Nature Conservancy, Oklahoma State 101). However, mortality risk appears to Wind Energy HCP continued to move University, USDA Agricultural Research be dependent on factors such as fencing forward, the lesser prairie-chicken was Service, British Petroleum, Chesapeake design (height, type, number of strands), included in the list of species to be Energy Corporation, Chevron U.S.A., length, and density, as well as covered by the HCP. In November 2013, SandRidge Exploration and Production, landscape topography and proximity of a draft HCP was submitted for review by and XTO Energy/ExxonMobil. fences to habitats used by lesser prairie- the Service and State agency partners. Additional companies or organizations chickens. The Sutton Center has used The review is ongoing, and the Service may become involved as the planning competitive grants and other funding anticipates returning our initial process proceeds. sources to either physically remove comments back by April 2014. The The Stakeholder Conservation unnecessary fencing or to apply markers Great Plains Wind Energy HCP is Strategy contains three primary of their own design (Wolfe et al. 2009, intended to provide take coverage for components: A Habitat Exchange for the entire) to the top two strands to increase activities such as siting, construction, lesser prairie-chicken, a Habitat visibility of existing fences. To date, the operation, and decommissioning of Quantification Tool (HQT) and a Sutton Center has removed or improved wind facilities within the planning area, regional HCP for the lesser prairie- approximately 335 kilometers (km) (208 which includes the whooping crane chicken. The Habitat Exchange would miles (mi)) of barbed-wire fence in migration corridor and wintering consist of an independent third party Oklahoma and Texas. Treatments are grounds, and the range of the lesser that facilitates transactions between a typically concentrated within 1.6 km (1 prairie-chicken. The length of the mitigation credit buyer (an entity mi) of active lesser prairie-chicken leks. permit is proposed to be 45 years. The engaging in an otherwise lawful activity Approximately 208 km (129 mi) of HCP is scheduled to be completed in the that impacts lesser prairie-chicken unneeded fences have been removed. fall of 2015. We anticipate the habitat) and a mitigation credit producer Collectively, these conservation conservation program of the HCP could (a landowner). The credit producers

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(e.g., cattlemen, farmers, and others) owners may sell. These credits may then modeling efforts; and the CHAT 4 would be paid on a performance be used to offset adverse impacts to category is comprised of the EOR + 10. contract basis for achieving specific and these species and their habitats that The CHAT includes other data layers measurable conservation outcomes. The occurred in other locations. that may facilitate conservation credit buyers (e.g., energy and other A proposed programmatic planning, including current and developers) would be provided a conservation banking agreement has historical lesser prairie-chicken range, predictable, effective, and timely means been submitted by Common Ground land cover types, oil and gas well to achieve the mitigation required to Capital that would consist of an density, presence of vertical structures, offset habitat impacts. The regional HCP independent conservation banking and hexagonal summary polygon to references the HQT as the scientifically system intended to facilitate permanent provide users contextual information measurable means for determining conservation for the lesser prairie- about the surrounding landscape. The debits and identifies the Habitat chicken through multiple conservation CHAT tool will be updated annually. Exchange as the primary means of banks located across the range of the Use of the tool is currently voluntary securing mitigation obligations. lesser prairie-chicken. The Service is but ultimately may play an important The American Habitat Center has currently reviewing this proposed role in guiding future development and submitted an application to the Service banking agreement, and, if approved, conserving important habitats. on behalf of the above Stakeholders for the agreement would allow the Candidate Conservation Agreements a permit to support a regional HCP establishment of conservation banks for (CCAs) and Candidate Conservation pursuant to section 10 of the Act. This the lesser prairie-chicken. The estimated Agreements with Assurances (CCAAs) section 10 permit would provide timeline for the Common Ground are formal, voluntary agreements incidental take authorization for the Capital banking agreement approval between the Service and one or more covered activities stipulated in the process is spring 2014, with parties to address the conservation Stakeholder Conservation Strategy. The implementation to follow sometime needs of one or more candidate species Service currently intends to develop an after the approval process is complete. or species likely to become candidates environmental impact statement Other independent bankers have had in the near future. These agreements are pursuant to the National Environmental informal discussions with the Service intended to reduce or remove identified Policy Act (42 U.S.C. 4321 et seq.) to and intend to submit additional threats to a species. Implementing solicit public comment on the conservation banking proposals for conservation efforts before species are Stakeholder Conservation Strategy and permanent conservation banks in listed increases the likelihood that the Service’s pending permitting various areas within the lesser prairie- simpler, more cost-effective decision. A decision on issuance of the chicken’s range. The Service anticipates conservation options are available and permit is anticipated in the summer of we will receive these requests in the that conservation efforts will succeed. 2014. spring of 2014, with bank establishment Development of CCAs and CCAAs is The Stakeholder Conservation to follow sometime in 2014, pending guided by regulations at 50 CFR Strategy and associated permit, if full review and completion of the 17.22(d) and 50 CFR 17.32(d). approved, is intended to provide approval process. Under a CCA, Federal managers and incidental take authorization for The five State conservation agencies other cooperators (nongovernmental covered activities, including agricultural developed an Internet-based mapping organizations and lease holders) production and energy development. tool, initially a pilot project under the implement conservation measures that Entities wishing to gain regulatory Western Governors’ Association reduce threats on Federal lands and assurances and coverage under an Wildlife Council. This tool, now known leases. Under a CCAA, non-federal incidental take permit could enroll in as the Southern Great Plains Crucial landowners and lease holders this regional HCP. The Stakeholder Habitat Assessment Tool (CHAT), was voluntarily provide habitat protection or Conservation Strategy proposes a made accessible to the public in enhancement measures on their lands, multifaceted approach involving September 2011, and a second version thereby reducing threats to the species. avoidance, minimization using proven of the CHAT was developed in 2013. A section 10(a)(1)(A) enhancement of and defined best management practices, The CHAT is available for use by survival permit is issued in association mitigation of impacts through conservation managers, industry, and with a CCAA. If the species is later permanent and temporary habitat the public to aid in conservation listed under the Act, the permit preservation, restoration, and planning for the lesser prairie-chicken. authorizes take that is incidental to enhancement and other measures. The tool identifies priority habitat for otherwise lawful activities specified in Adequate funding for implementation, the lesser prairie-chicken, including the agreement, when performed in including biological and compliance possible habitat corridors linking accordance with the terms of the monitoring, also would be an important important conservation areas. The agreement. Further, the CCAA provides component of the Stakeholder CHAT will be an important tool for assurances that if the subject species is Conservation Strategy. implementation of the rangewide plan’s later listed under the Act, participants Several potential conservation mitigation framework by using the who are appropriately implementing banking proposals, in various states of CHAT categories as ratio multipliers. certain conservation actions under the development, are being considered over The CHAT classifies areas on a scale of CCAA will not be required to the range of the lesser prairie-chicken. A 1 to 4 by their relative value as lesser implement additional conservation conservation bank consists of prairie-chicken habitat. According to measures. permanently protected lands that are Van Pelt et al. (2013, pp. 54–55), the An ‘‘umbrella’’ CCA and CCAA with conserved and permanently managed CHAT 1 category is comprised of focal the Bureau of Land Management (BLM) for endangered, threatened, and other areas for lesser prairie-chicken in New Mexico and two ‘‘umbrella’’ imperiled species. In exchange for conservation; the CHAT 2 category is CCAAs, one each in Oklahoma and permanently protecting the land and comprised of corridors for lesser prairie- Texas, are being implemented for the managing it for these species, the chicken conservation; the CHAT 3 lesser prairie-chicken. An additional Service approves a specified number of category is comprised of available and CCAA was previously established with habitat or species credits that the bank potential habitat, as developed through a single landowner in southwestern

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Kansas; however, this CCAA expired in conservation status of the species. Many less than optimal habitat condition. In May of 2012. Under these agreements, of these efforts specifically target late winter 2010 or early spring 2011, the participants agree to implement landowners and other interested one-third of these enrolled lands certain conservation measures that are stakeholders involved in lesser prairie- received a forb (broad-leaved herb other anticipated to reduce threats to lesser chicken conservation. Annual festivals than a grass) and legume inter-seeding prairie-chicken; improve their habitat; focused on the lesser prairie-chicken consisting of dryland alfalfa and other reduce habitat fragmentation; and have been held in several States species to improve habitat quality. This increase population stability, through (Milnesand, New Mexico; Woodward, effort is anticipated to result in the increases in adult and juvenile Oklahoma; and Canadian, Texas) and establishment of alfalfa and additional survivorship, nest success, and help inform and raise awareness of forbs, resulting in improved nesting and recruitment rates and reduced mortality. lesser prairie-chickens for the public; brood-rearing habitat. About 4,249 ha Dependent upon the level of however, the lesser prairie-chicken (10,500 ac) of the initial 8,701 ha participation, expansion of the occupied festival in Milnesand, New Mexico, was (21,500 ac) allocated for SAFE remain to range may occur. Conservation cancelled in 2013 and 2014 due to low be enrolled. measures typically focus on populations of lesser prairie-chickens. Our Partners for Fish and Wildlife maintenance, enhancement, or Often festival participants are able to Program (PFW) program has contributed restoration of nesting and brood rearing visit an active lesser prairie-chicken financial and technical assistance for habitat. Some possible conservation breeding area to observe courtship restoration and enhancement activities measures include removal of invasive, displays. Festivals and similar benefitting the lesser prairie-chicken in woody plants, such as Prosopis spp. community efforts such as these can Colorado. The PFW program has (mesquite) and Juniperus virginiana help promote the concept that executed 14 private lands agreements (eastern red cedar); implementation of stewardship of the lesser prairie-chicken facilitating habitat restoration and prescribed fire; marking of fences; and other wildlife can facilitate enhancement for the lesser prairie- removal of unneeded fences; improved economic growth and viable farming chicken on about 9,307 ha (23,000 ac) of grazing management; and similar and ranching operations. private lands in southeastern Colorado. measures that help reduce the impact of A cooperative project between the the existing threats. State-Specific Conservation Efforts CPW and the U.S. Forest Service (USFS) On December 18, 2013, we announced Colorado has established several temporary receipt of an application from WAFWA grazing exclosures adjacent to active for an enhancement of survival permit The Colorado Parks and Wildlife leks on the Comanche National associated with anticipated (CPW) hosted a workshop on the Grassland in an attempt to improve implementation of another CCAA (78 conservation of the lesser prairie- nesting habitat. The efficacy of these FR 76639). This Rangewide Oil and Gas chicken in late 2009. This workshop treatments is unknown, and further Industry CCAA for the Lesser Prairie- provided information to local monitoring is planned to determine the Chicken (78 FR 76639) incorporates landowners and other interested parties outcome of these efforts (Verquer and measures to address impacts to the on conservation of the lesser prairie- Smith 2011, p. 7). lesser prairie-chicken from oil and gas chicken. Specific management actions, In addition, more than 4,450 ha activities on non-federal lands such as grassland restoration and (11,000 ac) have been protected by throughout the species’ range and enhancement, intended to benefit perpetual conservation easements held provides coverage for a period of 30 conservation of the lesser prairie- by CPW, The Nature Conservancy, and years, offering the oil and gas industry chicken were highlighted. the Greenlands Reserve Land Trust. Subsequently, Colorado implemented a the opportunity to voluntarily conserve Kansas the lesser prairie-chicken and its habitat habitat improvement program (HIP) for while receiving assurances provided by the lesser prairie-chicken that provides The Kansas Department of Wildlife, the Service. Within New Mexico, oil cost-sharing to private landowners, Parks, and Tourism (KDWPT) has and gas operators have the option to subject to prior consultation and targeted lesser prairie-chicken habitat choose to enroll under the 2008 CCAA approval from a CPW biologist, for improvements through various means or the new rangewide oil and gas CCAA. enrolling fields or conducting habitat including the landowner incentive On February 28, 2014, we announced in enhancements beneficial to the species. program (LIP), voluntary mitigation a press release that we had signed the By mid-2012, approximately 4,537 ha projects for energy development, and a CCAA, issued the enhancement of (11,212 ac) in the estimated occupied State-level WHIP. Through the LIP, survival permit, and released the range had been enrolled in this program KDWPT provides direct technical and accompanying final environmental (Van Pelt et al. 2013, p. 62). financial assistance to private assessment and finding of no significant Additionally, in 2006, Colorado landowners interested in contributing to impact. When undertaking certain initiated a wildlife habitat protection the conservation of species in greatest actions that impact the species or its program designed to facilitate conservation need, including lesser habitat, participants will be required to acquisition of conservation easements prairie-chickens. The LIP improved pay mitigation fees; funds generated and purchase of lands for the lesser about 9,118 ha (22,531 ac) for lesser through these fees will enable prairie-chicken and other wildlife prairie-chickens during the period from implementation of conservation actions species. The lesser prairie-chicken was 2007 to 2011. Some examples of LIP on enrolled lands elsewhere. This one of five priorities for 2012, and up projects include planting native grasses, rangewide CCAA is one mechanism for to $14 million was available in the brush management efforts, and implementing the rangewide plan program. implementation of prescribed fire. Since previously discussed. Currently about 4,433 ha (10,954 ac) 2008, the KDWPT has provided $64,836 All of the State conservation agencies have been enrolled under the lesser in landowner cost-share through the and many Federal agencies within the prairie-chicken CRP SAFE continuous WHIP for practices benefitting the lesser range of the lesser prairie-chicken sign-up in Colorado. These enrolled prairie-chicken on about 2,364 ha (5,844 conduct outreach efforts intended to areas are typically recently expired CRP ac). Currently more than 11,662 ha inform and educate the public about the lands and contain older grass stands in (28,819 ac) of the original allocation

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have been enrolled under the lesser south-central Kansas; however, this of standard prescribed burning prairie-chicken CRP SAFE continuous CCAA expired in 2012. practices. The Kansas Prescribed Fire sign-up in Kansas. Primary practices The Comanche Pool Prairie Resource Council (KPFC) also works to support include tree removal, prescribed fire, Foundation (Comanche Pool) is a prescribed burning in Kansas by grazing management (including landowner-driven, nonprofit resource promoting safe, legal, and responsible perimeter fencing to facilitate livestock foundation that promotes proper use of prescribed fire as a natural management), and native grass grassland management throughout the resource tool through information establishment that will improve lesser mixed-grass vegetative ecoregion of exchange and prescribed fire advocacy. prairie-chicken nesting and brood southern Kansas and northern The Comanche Pool, KGLC and KPFC rearing habitat. Oklahoma. Ranching is one of the major recently were awarded a National Fish Funds available through the State land uses in this ecoregion, and and Wildlife Foundation grant to wildlife grants program also have been ranchers have been generally receptive support two prescribed fire specialist used to benefit the lesser prairie-chicken to lesser prairie-chicken conservation positions within the mixed grass and in Kansas. The KDWPT was awarded a strategies that are compatible with their sand sagebrush ecoregions of Kansas to 5-year State wildlife grant in 2009, ongoing land use plans. The mission of support lesser prairie-chicken habitat focusing on lesser prairie-chicken the Comanche Pool is to provide maintenance and restoration on private habitat improvements. Like several of demonstrations, education, and lands. the other States within the range of the consultation to other landowners for the In 2013, a coalition of 29 county lesser prairie-chicken, the KDWPT purpose of regenerating natural governments in Kansas joined in an partnered with Pheasants Forever and resources and promoting the economic effort to coordinate conservation for the NRCS to fund three employee positions growth of the rural community. lesser prairie-chicken. The involved that provide technical assistance to The Comanche Pool has secured over counties encompass 64,954 sq km private landowners participating in $850,000 in grant funding utilized to (25,079 sq mi) in western and southern conservation programs with an restore and enhance rangelands, which Kansas, including most of the estimated emphasis on practices favorable to the has been matched by other partners. occupied range of the lesser prairie- lesser prairie-chicken. These employees Landowner in-kind contributions of chicken in Kansas. In August of 2013, primarily assist in the implementation almost one million dollars have been this coalition prepared a conservation, and delivery of the NRCS’s LPCI in provided. Past rangeland improvement management, and study plan for the Kansas. agreements include 43 projects affecting lesser prairie-chicken (Kansas Natural Additionally, KDWPT has a walk-in over 100,000 acres of improved habitat Resource Coalition 2013, entire). The hunting program that was initiated in for the lesser prairie-chicken. Numerous plan summarizes some of the available 1995, in an effort to enhance the project boundaries often are shared, information regarding lesser prairie- hunting tradition in Kansas. The resulting in larger, contiguous blocks of chickens and has the stated goal of program provides hunters access to habitat. preserving, maintaining, and increasing private property, including many lands The Kansas Grazing Lands Coalition lesser prairie-chicken populations in enrolled in CRP, and has become one of (KGLC) is another landowner-driven balance with and respect for human, the most successful access programs in initiative that has a mission to private, and industrial systems within the country. By 2004, more than 404,000 regenerate Kansas grazing land the 29 county region under governance ha (1 million ac) had been enrolled in resources through cooperative by the coalition members. The plan the program. Landowners receive a management, economics, ecology, identified several conservation actions, small payment in exchange for allowing production, education, and technical such as prescribed fire, being public hunting access to enrolled lands. assistance programs. The Service’s PFW undertaken by the coalition or its Payments vary by the amount of acres program in Kansas has partnered with member organizations that fall within enrolled and length of contract period. the KGLC to provide technical guidance six major categories of conservation Conservation officers monitor the areas, and financial assistance to restore and focus: population monitoring, habitat, and violators are ticketed or arrested for enhance native grasslands through nest success, predation and interspecific offenses such as vandalism, littering, or voluntary agreements with Kansas competition, hunting, and program failing to comply with hunting or landowners. The KGLC administers funding. fishing regulations. Such incentives, numerous outreach and education although relatively small, help events for regional grazing groups and New Mexico encourage landowners to provide plays an integral role in conservation In January 2003, a working group habitat for resident wildlife species delivery. They coordinate with other composed of local, State, and Federal including the lesser prairie-chicken. conservation organizations in Kansas. officials, along with private and The Service’s PFW program has Lesser prairie-chicken habitat benefits commercial stakeholders, was formed to contributed financial and technical from periodic burns that improve address conservation and management assistance for restoration and habitat quality and various activities for the lesser prairie-chicken enhancement activities that benefit the organizations in Kansas support the use and dunes sagebrush lizard (Sceloporus lesser prairie-chicken in Kansas. of prescribed fire. The Kansas arenicolus) in New Mexico. This Primary activities include control of Prescribed Burn Association (KPBA) is working group, formally named the New invasive, woody plant species, such as a not-for-profit burn association that Mexico Lesser Prairie-Chicken/Sand eastern red cedar and enhanced use of serves to encourage the use of Dune Lizard Working Group, published prescribed fire to improve habitat prescribed fire and is comprised of the Collaborative Conservation conditions in native grasslands. The private landowners. The mission of Strategies for the Lesser Prairie-Chicken PFW program has executed 63 private KPBA is to promote better rangeland and Sand Dune Lizard in New Mexico lands agreements on about 56,507 ha management practices through the use (Strategy) in August 2005. This Strategy (139,633 ac) of private lands benefitting of prescribed fire, with emphasis on provided guidance in the development conservation of the lesser prairie- safety and training for those members of BLM’s Special Status Species chicken in Kansas. An approved CCAA and associates with less experience in Resource Management Plan Amendment was developed on 1,133 ha (2,800 ac) in prescribed fire and adherence to the use (RMPA), approved in April 2008, which

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also addressed the concerns and future holdings under the CCA and CCAA. In The Nature Conservancy owns and management of lesser prairie-chicken addition, 50 private landowners in New manages the 11,331 ha (28,000 ac) and dunes sagebrush lizard habitats on Mexico have enrolled about 704,154 ha Milnesand Prairie Preserve near BLM lands, and established the Lesser (1,740,000 ac) under the CCAA. On Milnesand, New Mexico. Habitat Prairie-Chicken Habitat Preservation March 1, 2012, the New Mexico State management efforts on this preserve Area of Critical Environmental Concern. Land Office enrolled all State Trust target the lesser prairie-chicken. Both the Strategy and the RMPA lands in lesser prairie-chicken and The Service’s PFW program also has prescribe active cooperation among all dunes sagebrush lizard habitat (about been active in lesser prairie-chicken stakeholders to reduce or eliminate 248,000 ac) into a certificate of conservation efforts in the State of New threats to these species in New Mexico. inclusion under the CCAA. On these Mexico. Private lands agreements have As an outcome, the land-use enrolled State Trust lands, the herbicide been executed on 65 properties prescriptions contained in the RMPA tebuthiuron will no longer be used to encompassing 28,492 ha (70,404 ac) of now serve as baseline mitigation (for treat shinnery oak. Please refer to the lesser prairie-chicken habitat in New both species) to those operating on ‘‘Shrub Control and Eradication’’ Mexico. Additionally, the entire 1,052 Federal lands or non-federal lands with section, below, for more information on ha (2,600 ac) allotted to the lesser Federal minerals. tebuthiuron. There currently are four prairie-chicken CRP SAFE continuous Following approval of the RMPA, a pending ranching enrollment signup in New Mexico (Lea County CCA was drafted by a team including applications being reviewed and only) have been enrolled under the the Service, BLM, Center of Excellence processed for inclusion. Recently, BLM Service’s PFW program. for Hazardous Materials Management, also has closed 149,910 ha (370,435 ac) Oklahoma and participating cooperators. The CCA to future oil and gas leasing and closed The ODWC partnered with the addresses the conservation needs of the about 342,770 ha (847,000 ac) to wind Service, the Oklahoma Secretary of lesser prairie-chicken and dunes and solar development. Part of the Environment, The Nature Conservancy, sagebrush lizard on BLM lands in New purpose for these closures was to the Sutton Center, and the Playa Lakes Mexico by undertaking habitat improve lesser prairie-chicken habitat. Joint Venture to develop the Oklahoma restoration and enhancement activities The BLM has reclaimed about 328 ha Lesser Prairie-Chicken Spatial Planning and by minimizing habitat degradation. (810 ac) of abandoned well pads and Tool in 2009. The goal of the Oklahoma These efforts would protect and associated roads (Watts 2014, pers. Lesser Prairie-Chicken Spatial Planning enhance existing populations and comm.). The BLM also requires burial of Tool is to reduce the impacts of ongoing habitats, restore degraded habitat, create powerlines within 3.2 km (2 mi) of leks. and planned development actions new habitat, augment existing Approximately 52 km (32.5 mi) of populations of lesser prairie-chickens, within the range of the lesser prairie- aboveground powerlines have been chicken by guiding development away restore populations, fund research removed to date. Additionally, BLM has studies, or undertake other activities on from sensitive habitats used by the implemented control efforts for species. The Oklahoma Lesser Prairie- their Federal leases or allotments that mesquite (Prosopis glandulosa) on improve the status of the lesser prairie- Chicken Spatial Planning Tool assigns a 157,397 ha (388,937 ac) and has plans relative value rank to geographic areas chicken. Through this CCA, Center of to do so on an additional 140,462 ha Excellence for Hazardous Materials to indicate the value of the area to the (347,091 ac). More discussion of conservation of the lesser prairie- Management will work with mesquite control is addressed in the participating cooperators who chicken. The higher the rank (on a scale ‘‘Shrub Control and Eradication’’ voluntarily commit to implementing or of 1 to 8), the more important the area section, below. funding specific conservation actions, is to the lesser prairie-chicken. The such as burying powerlines, controlling Acquisition of land for the protection Oklahoma Lesser Prairie-Chicken mesquite, minimizing surface of lesser prairie-chicken habitat also has Spatial Planning Tool, therefore, can be disturbances, marking fences, and occurred in New Mexico. The New used to identify areas that provide high- improving grazing management, in an Mexico Department of Game and Fish quality habitat and determine where effort to reduce or eliminate threats to (NMDGF) currently has designated 29 development, such as wind power, both species. The CCA builds upon the areas specifically for management of the would have the least impact to the BLM’s RMPA for southeast New lesser prairie-chickens totaling more species. The Oklahoma Lesser Prairie- Mexico. The RMPA established the than 11,850 ha (29,282 ac). These areas Chicken Spatial Planning Tool also can foundational requirements that will be are closed to the public during the be used to determine a voluntary offset applied to all future Federal activities, breeding and nesting season (March 1 to payment based on the cost of mitigating regardless of whether a permittee or July 30) each year, and restrictions are the impact of the anticipated lessee participates in this CCA. The in place to minimize noise and other development through habitat strength of the CCA comes from the activities associated with oil and gas replacement. The voluntary offset implementation of additional drilling. In 2007, the State Game payment is intended to be used to offset conservation measures that are additive, Commission used New Mexico State the impacts associated with habitat loss. or above and beyond those foundational Land Conservation Appropriation Use of the Oklahoma Lesser Prairie- requirements established in the RMPA. funding to acquire 2,137 ha (5,285 ac) of Chicken Spatial Planning Tool and the In addition to the CCA, a CCAA has private ranchland in Roosevelt County. voluntary offset payment is voluntary. been developed in association with the This property, the Sandhills Prairie To date, in excess of $11.1 million has CCA to facilitate conservation actions Conservation Area (formerly the Lewis been committed to the ODWC through for the lesser prairie-chicken and dunes Ranch), is located east of Milnesand, the voluntary offset payment program. sagebrush lizard on private and State New Mexico, and adjoins two existing Most recently, the ODWC entered into a lands in southeastern New Mexico. Commission-owned prairie-chicken memorandum of agreement with Since the CCA and CCAA were areas. The BLM, on March 3, 2010, also Chermac Energy Corporation to partially finalized in December 2008, 31 oil and acquired 3,010 ha (7,440 ac) of land east offset potential habitat loss from a gas companies have enrolled a total of of Roswell, New Mexico, to protect key planned 88.5-km (55-mi) high-voltage 354,100 ha (875,000 ac) of mineral habitat for the lesser prairie-chicken. transmission line. The line would run

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from near the Kansas State line to the Several different ‘‘Ranch SAFE continuous sign-up in Beaver, Oklahoma Gas and Electric Woodward Conversations’’ have been held in Beckham, Ellis, and Harper Counties. Extra High Voltage substation and will northwestern Oklahoma over the past 10 The ODWC, in early 2012, entered be used to carry up to 900 megawatts of years, most recently hosted by the into a contract with Ecosystem wind energy from an existing wind farm Oklahoma High Plains Resource Management Research Institute to in Harper County. The memorandum of Development and Conservation Office. develop a conservation plan for the agreement facilitates voluntary offset These meetings invited private lesser prairie-chicken in Oklahoma. payments for impacts to the lesser landowners and the general public to Public comments on the draft plan were prairie-chicken and its habitat. The discuss lesser prairie-chicken solicited through August 30, 2012, and agreement calls for the payment of a conservation and management, receive a final plan was completed in total of $2.5 million, with the money information, and provide input on September of 2012. The primary goal of being used to help leverage additional programs and incentives that are the Oklahoma Lesser Prairie Chicken matching funds from private and available for managing the lesser prairie- Conservation Plan was to develop an Federal entities for preservation, chicken on privately owned lands. overall strategy for conservation of the enhancement, and acquisition of lesser In an effort to address ongoing lesser prairie-chicken in Oklahoma. The prairie-chicken habitat. A large development of oil and gas resources, Oklahoma Lesser Prairie Chicken percentage of the voluntary offset the Oklahoma Wildlife Conservation Conservation Plan included a synthesis payment funds have been used to Commission voted to approve a of all currently available, pertinent acquire lands for the conservation of the memorandum of understanding with the information and input from a variety of lesser prairie-chicken and other fish and Oklahoma Independent Petroleum stakeholders. The Oklahoma Lesser wildlife resources. Association in February 2012 to Prairie Chicken Conservation Plan also In 2008, the ODWC acquired two establish a collaborative working identifies priority conservation areas, properties known to be used by the relationship for lesser prairie-chicken population goals, and conservation lesser prairie-chicken. The Cimarron conservation. Through this strategies and actions to improve lesser Bluff Wildlife Management Area memorandum of understanding, the prairie-chicken viability through habitat encompasses 1,388 ha (3,430 ac) in ODWC and Oklahoma Independent improvements. northeastern Harper County, Oklahoma. Petroleum Association will identify and As discussed above, the ODWC The Cimarron Hills Wildlife develop voluntary steps (best applied for an enhancement of survival Management Area in northwestern management practices) that can be taken permit pursuant to section 10(a)(1)(A) of Woods County, Oklahoma, encompasses by the Oklahoma Independent the Act that included a draft umbrella 1,526 ha (3,770 ac). The ODWC also Petroleum Association’s members to CCAA between the Service and ODWC recently purchased 5,580 ha (13,789 ac) avoid and minimize the impacts of their for the lesser prairie-chicken in 14 within the range of the lesser prairie- operations on the lesser prairie-chicken. Oklahoma counties (77 FR 37917, June chicken to expand both the Beaver River These best management practices are 25, 2012). The draft CCAA and and Packsaddle Wildlife Management currently under development. Areas in Beaver and Ellis Counties, The Oklahoma Association of associated draft environmental respectively. Conservation Districts received a USDA assessment was made available for Oklahoma State University hosts Conservation Innovation Grant to public review and comment from June prescribed fire field days to help inform develop the concept of a wildlife credits 25, 2012 through August 24, 2012 (77 landowners about the benefits of trading program as it applies to the FR 37917). The CCAA was approved on prescribed fire for controlling invasion lesser prairie-chicken. This pilot project January 25, 2013, and ODWC began of woody vegetation in prairies and entailed creating protocols for defining, enrollment of private lands at that time. improving habitat conditions for quantifying and qualifying a credit; Since being approved, 16 landowners wildlife in grassland ecosystems. developing a credit verification system; have enrolled 7,115 ha (17,582 ac). Prescribed burning is an important tool and measuring the projects effect on Several applications are currently being landowners can use to improve the Oklahoma’s lesser prairie-chicken reviewed and processed for enrollment. value of CRP fields and native prairie population. As a part of this grant, the On December 20, 2013, we announced for wildlife, including the lesser prairie- Oklahoma Association of Conservation availability of a draft amendment to the chicken, by maintaining and improving Districts currently provides financial Oklahoma agricultural CCAA (78 FR vegetative structure, productivity, and incentives ($8 per acre) over a 5-year 77153). This amendment would diversity and by controlling exotic plant period to agricultural producers who increase acreage eligible for enrollment species. In 2009, the Environmental enroll in the habitat credit training from 80,937 ha (200,000 ac) to 161,874 Defense Fund partnered with Oklahoma program and participate in the ha (400,000 ac). The comment period on State University to prepare a report on Oklahoma CCAA. The grant provided this proposed amendment closed the management of CRP fields for lesser funding for enrollment of up to 4,046 ha January 21, 2014. A permitting decision prairie-chicken management. The (10,000 ac) over the 5-year period, but is anticipated in March 2014. document (Hickman and Elmore 2009, no acres have been enrolled in the The Service’s PFW program also has entire) was designed to provide a habitat credit training program as of the contributed financial and technical decision tree that would assist agencies end of 2013. When completed, the assistance for restoration and and landowners with mid-contract credit trading program staff also will enhancement activities that benefit the management of CRP fields. develop a handbook that can be used by lesser prairie-chicken in Oklahoma. Like the other States, ODWC has others when providing incentives to Important measures include control of partnered in the implementation of a landowners who manage their lands for eastern red cedar and fence marking and State WHIP designed to enhance, create, conservation of the lesser prairie- removal to minimize collision mortality. and manage habitat for all wildlife chicken and other species. The The Oklahoma PFW program has species, including the lesser prairie- Oklahoma USDA FSA and ODWC have implemented 154 private lands chicken. The State WHIP recently has worked to enroll about 2,819 ha (6,965 agreements on about 38,954 ha (96,258 targeted money for lesser prairie- ac) of the 6,111 ha (15,100 ac) allocated ac) of private lands for the benefit of the chicken habitat improvements. under the lesser prairie-chicken CRP lesser prairie-chicken in the State.

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Texas including the SAFE program. The lesser prairie-chicken habitat and The Texas Parks and Wildlife objective of the Texas SAFE program, populations. Department (TPWD) hosted a series of administered by the FSA, is to restore A Lesser Prairie-Chicken Advisory landowner meetings and listening native mixed-grassland habitat for the Committee also has been established in sessions in 6 (Hemphill, Wheeler, Gray, lesser prairie-chicken in Texas. The Texas and functions to provide input Bailey, Cochran, and Gaines) of the 13 current allocation is 49,655 ha (122,700 and information to the State’s counties confirmed to be occupied by ac), and 31,245 ha (77,209 ac) have been Interagency Task Force on Economic the lesser prairie-chicken in Texas. enrolled through 2012. TPWD continues Growth and Endangered Species. The Private landowners and the general efforts to promote lesser prairie-chicken purpose of the task force is to provide policy and technical assistance public were invited to discuss conservation on private lands. In March regarding compliance with endangered conservation and management, receive 2010, TPWD staff conducted a 2-day species laws and regulations to local information, and provide input on upland bird workshop where lesser and regional governmental entities and programs and incentives that are prairie-chicken research and their communities engaged in economic available for managing the lesser prairie- management was discussed. development activities so that chicken on privately owned lands. In Since 2008, the NRCS and TPWD compliance with endangered species response to these meetings, TPWD have partnered in the implementation of laws and regulations is as effective and worked with the Service and an EQIP focused on lesser prairie- cost-efficient as possible. According to landowners to finalize the first chicken conservation. This program provides technical and financial the Task Force, input provided by the Statewide umbrella CCAA for the lesser Lesser Prairie-Chicken Advisory prairie-chicken in Texas. The assistance to landowners interested in implementing land management Committee serves to help the Task Force conservation goal of the Texas CCAA is prevent listing and minimize harm to to encourage protection and practices for the lesser prairie-chicken within its historical range. Twenty-two economic sectors if listing does occur. improvement of suitable lesser prairie- The advisory committee also assists in chicken habitat on non-federal lands by counties were targeted in this initial effort, and preliminary analysis outreach and education efforts on offering private landowners incentives potential listing decisions and methods to implement voluntary conservation indicated that an agricultural producer’s profitability and equity could be to minimize the impact of listing. measures through available funding The TPWD has worked in conjunction improved by enrolling in this program mechanisms and by providing technical with several Texas universities to fund (Jones et al. 2008, p. 3). assistance and regulatory assurances several lesser prairie-chicken research concerning land use restrictions that The Service’s PFW program and the projects. In one of those projects, TPWD might otherwise apply should the lesser TPWD have been actively collaborating evaluated the use of aerial line transects prairie-chicken become listed under the on range management programs and forward-looking infrared technology Act. The conservation measures would designed to provide cost-sharing for to survey for lesser prairie-chickens. generally consist of prescribed grazing; implementation of habitat Other ongoing research includes prescribed burning; brush management; improvements for lesser prairie- evaluation of lesser prairie-chicken cropland and residue management; chickens. The Service provided funding population response to management of range seeding and enrollment in various to TPWD to support a Landscape shinnery oak and evaluation of Farm Bill programs such as the CRP, the Conservation Coordinator position for relationships among the lesser prairie- Grassland Reserve Program, and SAFE the Panhandle and Southern High chicken, avian predators, and oil and program; and wildlife habitat treatments Plains region, as well as funding to gas infrastructure. through the EQIP. The Texas CCAA support LIP projects targeting lesser In 2009, the U.S. Department of covers 50 counties, largely prairie-chicken habitat improvements Energy awarded Texas Tech University encompassing the Texas panhandle (brush control and grazing management) and the TPWD a collaborative grant to region, and was finalized on May 14, in this region. More than $200,000 of conduct aerial surveys on 2009. This CCAA covers the lands Service funds were committed in 2010, approximately 75 percent of the currently occupied in Texas, plus those and an additional $100,000 was estimated currently occupied range. lands that are unoccupied and have committed in 2011. Since 2008, Texas This project aided in the initial potential habitat and those lands that has addressed lesser prairie-chicken development of a standardized protocol could contain potential habitat should conservation on 5,693 ha (14,068 ac) for conducting aerial surveys for the the lesser prairie-chicken population in under the LIP. Typical conservation lesser prairie-chicken across the entire Texas increase. Total landowner measures include native plant range. All five States are currently participation, by the close of December restoration, control of exotic vegetation, participating in these surveys; and a 2013, is 68 properties (totaling prescribed burning, selective brush complete analysis of the results is approximately 572,999 enrolled ac) in management, and prescribed grazing. available (MacDonald et al. 2013, 15 counties (Texas Parks and Wildlife Currently, the PFW program has entire). A summary of the results has Department 2014, entire). executed 66 private lands agreements on been incorporated into this final rule Approximately 12 applications are about 53,091 ha (131,190 ac) of privately (see ‘‘Rangewide Population Estimates’’ currently being reviewed and processed owned lands for the benefit of the lesser section, below). for enrollment. prairie-chicken in Texas. In 2007, The Nature Conservancy of In May of 2009, the TPWD, along with The TPWD continues to establish Texas acquired approximately 2,428 ha other partners, held an additional five working relationships with wind (6,000 ac) of private ranchland in meetings in the Texas panhandle region developers and provides review and Yoakum and Terry Counties for the as part of an effort to promote lesser comment on proposed developments purpose of protecting and restoring prairie-chicken conservation. These whenever requested. Through this lesser prairie-chicken habitat. This meetings were intended to inform voluntary comment process, TPWD acquisition helped secure a landowners about financial incentives provides guidance on how to prevent, geographically important lesser prairie- and other resources available to improve minimize, and mitigate impacts from chicken population. Since the original habitat for the lesser prairie-chicken, wind and transmission development on acquisition, additional lands have been

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acquired, and the Yoakum Dunes life history strategy, although not relationships in the genus Preserve now encompasses 4,342.7 ha identical in every aspect of behavior and Tympanuchus remain unresolved. (10,731 ac). life history, to other species of North Ellsworth et al. (1994, p. 664; 1995, p. In addition to participation in annual American prairie grouse (e.g., greater 497) confirmed that the genus lesser prairie-chicken festivals, the prairie-chicken (T. cupido pinnatus), Tympanuchus is distinct, but their TPWD published an article on the lesser Attwater’s prairie-chicken (T. cupido analysis did not show strong prairie-chicken and wind development attwateri), sharp-tailed grouse (T. differentiation between the taxa within in Texas in their agency magazine in phasianellus), greater sage-grouse that genus. Ellsworth et al. (1994 pp. October of 2009. The TPWD and the (Centrocercus urophasianus), and 666, 668) believed that subdivision Dorothy Marcille Wood Foundation also Gunnison’s sage-grouse (C. minimus)). between the prairie grouse occurred produced a 12-page color brochure in Plumage of the lesser prairie-chicken is during the recent Wisconsin glacial 2009 about the lesser prairie-chicken characterized by a cryptic pattern of period and that adequate time had not entitled ‘‘A Shared Future.’’ alternating brown and buff-colored elapsed to allow sufficient genetic barring, and is similar in mating differentiation between the taxa. Conservation Programs Summary behavior and appearance, although Subsequently, Ellsworth et al. (1996, In summary, a variety of important somewhat lighter in color, to the greater entire) expanded their study in an conservation efforts have been prairie-chicken. Males have long tufts of attempt to resolve the evolutionary undertaken across the range of the lesser feathers on the sides of the neck, termed relationships among the grouse. Yet, prairie-chicken. These actions, as pinnae, which are erected during they were unable to partition members outlined above, have, at least in some courtship displays. Pinnae are smaller of the genus Tympanuchus along typical instances, slowed, but not halted, and less prominent in females. Males taxonomic boundaries, likely due to alteration of lesser prairie-chicken also display brilliant yellow insufficient time for genetic change to habitat. In many instances, these efforts supraorbital eyecombs and dull reddish accumulate (Ellsworth et al. 1996, p. have helped reduce the severity of the esophageal air sacs during courtship 814). Similarly, Lucchini et al. (2001 p. threats to the species, particularly in displays (Copelin 1963, p. 12; Sutton 159) and Drovetski (2002, p. 941) also localized areas. Continued 1977, entire; Johnsgard 1983, p. 318). A confirmed that speciation in implementation of these and similar more detailed summary of the Tympanuchus has been recent and may future actions is crucial to lesser prairie- appearance of the lesser prairie-chicken be incomplete. chicken conservation. However, our is provided in Hagen and Giesen (2005, While advances in molecular genetics, review of these conservation efforts unpaginated). in many instances, have helped clarify indicates that most of the measures Lesser prairie-chickens are dimorphic taxonomic relationships, some identified are not adequate to fully in size, with the females being smaller disagreement between molecular and address the known threats, including than the males (See Table 1 in Hagen traditional phylogenetic approaches is the primary threat of habitat and Giesen 2005, unpaginated). Adult not entirely unexpected (Lucchini et al. fragmentation, in a manner that lesser prairie-chicken body length varies 2001, p. 150). Several scientists have effectively reduces or eliminates the from 38 to 41 centimeters (cm) (15 to 16 argued that strong sexual selection threats. All of the efforts are limited in inches (in)) (Johnsgard 1973, p. 275; characteristics of grouse that exhibit lek size or duration, and the measures Johnsgard 1983, p. 318), and body mass mating behavior resolves the apparent typically are not implemented at a scale varies from 618 to 897 grams (g) (1.4 to lack of agreement between the that would be necessary to effectively 2.0 pounds (lbs)) for males and 517 to molecular data and the observed reduce the threats to this species across 772 g (1.1 to 1.7 lbs) for females (Haukos phenotypical and behavioral differences its known range. Often the measures are et al. 1989, pp. 271; Giesen 1998, p. 14). (Ellsworth 1994, p. 669; Spaulding voluntary, with little certainty that the Adults weigh more than yearling birds. 2007, pp. 1083–1084; Oyler-McCance et al. 2010, p. 121). As explained by Oyler- measures, once implemented, will be Taxonomy maintained over the long term. In a few McCance et al. (2010, p. 121) strong The lesser prairie-chicken is in the instances, mitigation for existing sexual selection often occurs in lekking Order Galliformes, Family Phasianidae, development within the range of the grouse that have highly skewed mating subfamily Tetraoninae, and is generally systems in which relatively few males lesser prairie-chicken has been secured, recognized as a species separate from but the effectiveness of the mitigation is are responsible for most of the mating. the greater prairie-chicken (Jones 1964, In such cases, sexual selection may unknown. Conservation of this species pp. 65–73; American Ornithologist’s will require persistent, targeted drive changes in morphological and Union 1998, p. 122). The lesser prairie- behavioral traits much more rapidly implementation of appropriate actions chicken was first described as a over the entire range of the species to than occurs in some genetic markers. subspecies of the greater prairie-chicken The readily observed differences in sufficiently reduce or eliminate the (Ridgway 1873, p. 199) but was later primary threats to the lesser prairie- appearance, morphology, behavior, named a full species in 1885 (Ridgway social interaction, and ecological chicken. 1885, p. 355). As recently as the early affinities facilitate reproductive Background 1980s, some species experts (Johnsgard isolation and speciation within the 1983, p. 316) still regarded the extinct prairie grouse. Although prairie grouse Species Information heath hen, the greater prairie-chicken, do not yet exhibit complete The lesser prairie-chicken the lesser prairie-chicken, and the reproductive isolation, as evidenced by (Tympanuchus pallidicinctus) is a Attwater’s prairie-chicken to be four the presence of hybrid individuals in species of prairie grouse endemic to the separate subspecies within areas where their ranges overlap, the southern high plains of the United Tympanuchus cupido. Others, as incidence of hybridization appears to be States, commonly recognized for its outlined in Hagen and Giesen (2005, low and is not significantly impacting feathered tarsi (legs), stout build, unpaginated), considered the lesser their gene pools (Johnsgard 2002, p. 32) ground-dwelling habit, and lek mating prairie-chicken to be a distinct species. (see Hybridization section, below. behavior. The lesser prairie-chicken is Recent molecular analyses have For purposes of this rule, we will closely related and generally similar in suggested that phylogenetic follow the American Ornithologist’s

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Union taxonomic classification, which copulations at each lek (Sharpe 1968, p. displaying per lek (Hoffman 1963, p. is based on observed differences in 87; Wiley 1974, p. 203; Locke 1992, p. 731; Snyder 1967, p. 124; Cannon and appearance, morphology, behavior, 1). Young males are rarely successful in Knopf 1981, p. 777; Merchant 1982, p. social interaction, and habitat affinities. breeding due to the dominance by older 54; Locke 1992, p. 43). Temporary or While this more traditional taxonomic males. The spring display period may satellite leks occasionally may be approach may not always agree with extend into June (Hoffman 1963, p. 730; established during the breeding season recent molecular analyses, it is widely Jones 1964, p. 66); however, Jones and appear indicative of population accepted by taxonomists, and most (1964, p. 66) observed some courtship fluctuations (e.g., an expanding taxonomists agree that the lesser prairie- activity as late as July in Oklahoma. population has more satellite leks than chicken is distinct from other prairie Leks are normally located on the tops a declining population) (Hamerstrom grouse (Johnsgard 2002, p. 32; Johnson of wind-swept ridges, exposed knolls, and Hamerstrom 1973, pp. 7, 13; 2008, p. 168). Speciation is a continuous sparsely vegetated dunes, and similar Schroeder and Braun 1992, p. 280; process and in lekking grouse, where features in areas having low vegetation Haukos and Smith 1999, pp. 415, 417) strong sexual selection is operating, height (10 cm (4 in) or less) or bare soil or habitat quality (Cannon and Knopf males may undergo rapid changes in and enhanced visibility of the 1979, p. 44; Merrill et al. 1999, pp. 193– morphology and behavior that can be surrounding area (Copelin 1963, p. 26; 194). Lesser prairie-chicken satellite the driving force in speciation. Jones 1963a, p. 771; Taylor and Guthery leks have been observed to form later in Additionally, much of the observed 1980a, p. 8). The features associated the breeding season and coincide with genetic diversity in prairie grouse is with lek sites also may contribute to the decreased attendance at the permanent residual from when the species group transmission of sounds produced during leks (Haukos and Smith 1999, p. 418). originally diverged and likely accounts lekking (Sparling 1983, pp. 40–41; These satellite leks consisted primarily for the lack of resolution reported in Butler et al. 2010, entire) and these of birds that were unable to establish previous taxonomic studies (Johnson sounds may aid females in locating lek territories on the permanent leks 2008, p. 168). sites (Hagen and Giesen 2005, (Haukos and Smith 1999, p. 418). unpaginated). Background noises are Life-History Characteristics Locations of traditional, permanent lek known to increase in landscapes altered sites also may change in response to Lesser prairie-chickens are by human development and may disturbances (Crawford and Bolen polygynous (a mating pattern in which interfere with normal behavioral 1976b, pp. 238–240; Cannon and Knopf a male mates with more than one female activities (Francis et al. 2009, p. 1415). 1979, p. 44). in a single breeding season) and exhibit Birds may be particularly vulnerable to a lek mating system. The lek is a place elevated levels of background noise, due Females arrive at the lek in early where males traditionally gather to to their reliance on acoustic spring after the males begin displaying, conduct a communal, competitive communication, and elevated noise with peak hen attendance at leks courtship display. The males use their levels may negatively impact breeding typically occurring in early to mid-April specialized plumage and vocalizations in some birds particularly where (Copelin 1963, p. 26; Hoffman 1963, p. to attract females for mating. The acoustic cues are used during the 730; Crawford and Bolen 1975, p. 810; sequence of vocalizations and posturing reproductive process (Francis et al. Davis et al. 1979, p. 84; Merchant 1982, of males, often described as ‘‘booming, 2009, pp. 1415, 1418). In sage grouse, p. 41; Haukos 1988, p. 49). Sounds gobbling, yodeling, bubbling, or sound levels exceeding 40 decibels (dB) produced by courting males serve to duetting,’’ has been described by were found to reduce breeding activity advertise the presence of the lek to Johnsgard (1983, p. 336) and Haukos and increase stress, as determined by females in proximity to the display (1988, pp. 44–45) and is well hormone levels (Blickley et al. 2012b, p. ground (Robb and Schroeder 2005, p. summarized by Hagen and Giesen 4–5) (See section on Influence of Noise 29). Within 1 to 2 weeks of successful (2005, unpaginated). Male lesser prairie- below). mating, the hen will select a nest site, chickens gather to display on leks at Areas that have been previously normally within 1 to 4 km (0.6 to 2.4 dawn and dusk beginning as early as disturbed by humans, such as mi) of an active lek (Copelin 1963, p. 44; late January and continuing through infrequently used roads, abandoned Giesen 1994a, p. 97; Kukal 2010, pp. mid-May (Copelin 1963, p. 26; Hoffman drilling pads, abandoned farmland, 19–20), construct a nest, and lay a 1963, p. 730; Crawford and Bolen 1976a, recently cultivated fields, and livestock clutch of 8 to 14 eggs (Bent 1932, p. 282; p. 97; Sell 1979, p. 10; Merchant 1982, watering sites also can be used as lek Copelin 1963, p. 34; Merchant 1982, p. p. 40), although fewer numbers of birds sites (Crawford and Bolen 1976b, pp. 44; Fields 2004, pp. 88, 115–116; Hagen generally attend leks during the evening 238–239; Davis et al. 1979, pp. 81, 83; and Giesen 2005, unpaginated; Pitman (Taylor and Guthery 1980a, p. 8). Male Sell 1979, p. 14; Taylor 1979, p. 707). et al. 2006a, p. 26). Nesting is generally birds may remain on the lek for up to However, ongoing human activity, such initiated in mid-April and concludes in 4 hours (Copelin 1963, pp. 27–28; as presence of humans or noise, may late May (Copelin 1963, p. 35; Snyder Sharpe 1968, p. 76; Crawford and Bolen discourage lekking by causing birds to 1967, p. 124; Merchant 1982, p. 42; 1975, pp. 808–810; Giesen 1998, p. 7), flush, and, in some instances, may cause Haukos 1988, pp. 7–8). Hens most with females typically departing the lek lek sites to be abandoned (Hunt and commonly lay one egg per day and following successful copulation (Sharpe Best 2004, pp. 2, 124). Leks often are initiate incubation once the clutch is 1968, pp. 154, 156). Dominant, usually surrounded by taller, denser cover that complete (Hagen and Giesen 2005, older, males occupy and defend may be used for nesting, escape, thermal unpaginated). Incubation lasts 24 to 27 territories near the center of the lek cover, and feeding cover. New leks can days (Coats 1955, p. 18; Sutton 1968, p. where most of the copulations occur, be formed opportunistically at any 679; Pitman et al. 2006a, p. 26) with while younger males occupy the appropriate site within or adjacent to hatching generally peaking in late May periphery and compete for central nesting habitat. Evidence of expanding through mid-June (Copelin 1963, p. 34; access (Sharpe 1968, pp. 73–89; Wiley lesser prairie-chicken populations tends Merchant 1982, p. 42; Pitman et al. 1974, p. 203; Ehrlich et al. 1988, p. 259). to be demonstrated by increases in the 2006a, p. 26). Hens typically leave the A relatively small number of dominant number of active leks rather than by nest within 24 hours after the first egg males account for the majority of increases in the number of males hatches (Hagen and Giesen 2005,

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unpaginated). Renesting may occur due to their tendency to frequently nest In the spring, home ranges are fairly when the first attempt is unsuccessful (a within 2.5 km (1.5 mi) of a lek (Giesen small when daily activity focuses on successful nest is one in which at least 1994a, p. 97), also may display fidelity lekking and mating. Home ranges of one egg hatches) (Johnsgard 1973, pp. to nesting areas but the degree of fidelity nesting females in New Mexico varied, 63–64; Merchant 1982, p. 43; Pitman et is not clearly established (Schroeder and on average, from 8.5 to 92 ha (21 to 227 al. 2006a, p. 25). Renesting is more Robb 2003, p. 292). However, Haukos ac) (Merchant 1982, p. 37; Riley et al. likely when nest failure occurs early in and Smith (1999, p. 418) observed that 1994, p. 185). Jamison (2000, p. 109) the nesting season and becomes less female lesser prairie-chickens are more observed that range size peaked in common as the nesting season likely to visit older, traditionally used October as birds began feeding in progresses (Pitman et al. 2006a, p. 27). lek sites than temporary, nontraditional recently harvested grain fields. Median Clutches associated with renesting lek sites (those used for no more than range size in October was 229 to 409 ha attempts tend to be smaller than 2 years). (566 to 1,400 ac). In Texas, Taylor and clutches at first nesting (Fields 2004, p. Because of this fidelity to breeding Guthery (1980b, p. 522) found that 88; Pitman et al. 2006a, p. 27). areas, prairie grouse may not winter monthly home ranges for males Nests generally consist of bowl- immediately demonstrate a population could be as large as 1,945 ha (4,806 ac) shaped depressions in the soil (Giesen response when faced with and that subadults tended to have larger 1998, p. 9). Nests are lined with dried environmental change. Considering that home ranges than did adults. More grasses, leaves, and feathers, and there landscapes and habitat suitability can typically, winter ranges are more than is no evidence that nests are reused in change rapidly, strong site fidelity in 300 ha (740 ac) in size, and the size subsequent years (Giesen 1998, p. 9). prairie grouse can result in a lag period declines considerably by spring. Based Adequate herbaceous cover, including between when a particular landscape on observations from New Mexico and residual cover from the previous degradation occurs and when an Oklahoma, lesser prairie-chicken home growing season, is an important factor associated population response is ranges increase during periods of influencing nest success, primarily by observed (Gregory et al. 2011, pp. 29– drought (Giesen 1998, p. 11; Merchant providing concealment of the nest 30). In some birds exhibiting strong 1982, p. 55), possibly because of (Suminski 1977, p. 32; Riley 1978, p. 36; philopatry, Wiens et al. (1986, p. 374) reduced food availability and cover. Riley et al. 1992, p. 386; Giesen 1998, thought that the overall response to a Davis (2005, p. 3) states that the p. 9). Young are precocial (mobile upon particular habitat alteration might not combined home range of all lesser hatching) and nidifugous (typically become evident until after the most site- prairie-chickens at a single lek is about leaving the nest within hours of tenacious individuals had died. Delayed 49 square kilometers (sq km) (19 square hatching) (Coats 1955, p. 5). Chicks are population responses have been miles (sq mi) or 12,100 ac). usually capable of short flights by 14 observed in birds impacted by wind days of age (Hagen and Giesen 2005, energy development (Stewart et al. Dispersal plays an important role in unpaginated). Broods may remain with 2007, pp. 5–6) and in greater sage- maintaining healthy, robust populations females for up to 18 weeks (Giesen grouse impacted by oil and gas by contributing to population 1998, p. 9; Pitman et al. 2006c, p. 93), development (Doherty et al. 2010, p. 5). expansion, recolonization, and gene but brood breakup generally occurs by Consequently, routine lek count surveys flow (Sutherland et al. 2000, September when the chicks are typically used to monitor prairie grouse unpaginated). Many grouse species are approximately 70 days of age (Taylor may be slow in revealing impacts of known to exhibit relatively limited and Guthery 1980a, p. 10). Males do not environmental change (Gregory et al. dispersal tendencies and juvenile incubate the eggs, assist in chick 2011, pp. 29–30). dispersal is normally less than 40 km rearing, or provide other forms of Typically, lesser prairie-chicken home (25 mi) (Braun et al. 1994, pp. 432–433; parental care (Wiley 1974, p. 203). Nest ranges (geographic area to which an Ellsworth et al. 1994, p. 666). Adults success (proportion of nests that hatch organism typically confines its activity) tend to spend much of their daily and at least one egg) varies, but averages vary both by sex and by season and may seasonal activity within 4.8 km (3.0 mi) about 30 percent (range 0–67 percent) be influenced by a variety of factors. of a lek (Giesen 1994, p. 97; Riley et al. (Hagen and Giesen 2005, unpaginated). However, Toole (2005, pp. 12–18) 1994, p. 185; Woodward et al. 2001, p. Male lesser prairie-chickens exhibit observed that home range sizes did not 263). Greater sage-grouse populations, strong site fidelity (loyalty to a differ by season, sex or age. A general for example, were shown to follow an particular area; philopatry) to their lack of suitable habitats outside of isolation-by-distance model of localized display grounds (Copelin 1963, pp. 29– Toole’s study areas may have gene flow that results primarily from a 30; Hoffman 1963, p. 731; Campbell contributed to similarity in home range tendency for individuals to move 1972, pp. 698–699). Such behavior is size and movements of birds within his between neighboring populations rather typical for most species of prairie grouse study sites (Toole 2005, pp. 24–28). than through longer distance dispersal (e.g., greater prairie-chicken, lesser Lesser prairie-chickens are not across the range (Oyler-McCance et al. prairie-chicken, sharp-tailed grouse, territorial, except for the small area 2005, p. 1306). Similarly a genetic greater sage-grouse, and Gunnison’s defended by males on the lek, so home analysis of greater prairie-chickens by sage-grouse) in North America ranges of individual birds likely overlap Johnson et al. (2003, pp. 3341–3342) (Schroeder and Robb 2003, pp. 231– to some extent. Habitat quality revealed that greater prairie-chickens 232). Once a lek site is selected, males presumably influences the extent to also generally displayed isolation by persistently return to that lek year after which individual home ranges overlap. distance. More recent work in Kansas year (Wiley 1974, pp. 203–204) and may Males tend to have smaller home concluded that isolation by distance did remain faithful to that site for life. They ranges than do females, with the males not explain the distribution of genetic often will continue to use these generally remaining closer to the leks diversity in greater prairie-chickens traditional areas even when the than do the females (Giesen 1998, p. 11). (Gregory 2011, p. 64). Instead isolation surrounding habitat has declined in In Colorado, Giesen (1998, p. 11) by resistance, where landscape value (for example, concerning greater observed that spring and summer home characteristics, primarily habitat sage-grouse; see Harju et al. 2010, ranges for males were 211 ha (512 ac) composition and configuration, entire). Female lesser prairie-chickens, and for females were 596 ha (1,473 ac). influence the permeability of the

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landscape to dispersal, best described Physiology influences dispersal to widespread settlement of the High gene flow (dispersal) in greater prairie- capabilities and also plays a role in Plains, but migratory movements have chickens (Gregory 2011, p. 66). Thus dispersal and movement patterns not recently been documented. The landscape structure and arrangement, exhibited by lesser prairie-chickens. lesser prairie-chicken is now thought to with its corresponding resistance to Lesser prairie-chickens and other be nonmigratory. dispersal, exerts a strong influence on species of grouse are generally Lesser prairie-chickens forage during dispersal and the resulting connectivity considered poor fliers due to their high the day, usually during the early between, and distribution of, genetic (heavy) wing loading and low wing morning and late afternoon, and roost at structure in greater prairie-chicken aspect (Drovetski 1996, pp. 805–806; night (Jones 1964, p. 69). Diet of the populations (Gregory 2011, p. 68). Bevanger 1998, p. 69). Birds with high lesser prairie-chicken is very diverse, Environmental factors also may wing loading have relatively small primarily consisting of insects, seeds, influence dispersal patterns in lesser wings compared to their body mass. leaves, and buds and varies by age, prairie-chickens, particularly in Birds with low wing aspect are those location, and season (Giesen 1998, p. 4). fragmented landscapes where predation birds having relatively short, broad They forage on the ground and within rates may be higher and habitat wings. Fast flight and a large turning the vegetation layer (Jones 1963b, p. 22) suitability may be reduced in smaller radius are characteristic of birds with and are known to consume a variety of sized parcels. Lesser prairie-chickens heavy wing loading (Drovetski 1996, p. invertebrate and plant materials. For appear to be sensitive to the size of 806). The combination of high wing example, in New Mexico, Smith (1979, habitat fragments and may avoid using loading and low wing aspect impacts p. 26) documented 30 different kinds of parcels below a preferred size regardless aerodynamic performance and limits food items consumed by lesser prairie- of habitat type or quality (see separate flight maneuverability. These birds chickens. In Texas, Crawford and Bolen discussion under ‘‘Effects of Habitat typically are adapted to make relatively (1976c, p. 143) identified 23 different Fragmentation’’ below). As the long, fast, straight and efficient flights, plants in the lesser prairie-chicken diet. landscape becomes more fragmented, spending less time in the air than is Jones (1963a, pp. 765–766), in the longer dispersal distances over areas of typical for other species of birds Artemesia filifolia (sand sagebrush) unsuitable habitats may be required. (Drovetski, 1996, pp. 809–810). dominated grasslands of Oklahoma, However, should distances between Consequently, the combination of a recorded 16 different plant species eaten suitable habitat patches in fragmented heavy body with smaller wings, coupled by lesser prairie-chickens. landscapes exceed 50 km (31 mi), the with their rapid flight, restricts the Lesser prairie-chicken energy maximum dispersal distance observed ability of most prairie grouse to react demands are almost entirely derived by Hagen et al. (2004, p. 71), dispersal swiftly to unexpected obstacles. Such from daily foraging activities rather than stored fat reserves (Giesen 1998, p. 4). may be significantly reduced. Under birds, like the lesser prairie-chicken, Olawsky (1987, p. 59) found that, on such conditions, populations will have a high risk of colliding with average, lesser prairie-chicken body fat become more isolated. objects, such as powerlines or fences, within their flight path (Bevanger 1998, reserves were less than 4.5 percent of In lesser prairie-chickens, most p. 67). body weight. Consequently, quality and seasonal movements are less than 10 km Daily movements of males tend to quantity of food consumed can have a (6.2 mi), but Jamison (2000, p. 107) increase in fall and winter and decrease profound effect on the condition of thought that movements as large as 44 with onset of spring, with median daily individual birds. Inadequate food km (27.3 mi) might occur in fragmented movements typically being less than 786 supplies and reduced nutritional landscapes. Recent studies of lesser meters (2,578 ft) per day (Jamison 2000, condition can affect survival, prairie-chicken in Kansas demonstrated pp. 106, 112). In Texas, Haukos (1988, particularly during harsh winters, and some birds may move as much as 50 km p. 46) recorded daily movements of 0.1 reproductive potential. Poor condition (31 mi) from their point of capture km (0.06 mi) to greater than 6 km (3.7 can lead to poor performance on display (Hagen et al. 2004, p. 71). Although mi) by female lesser prairie-chickens grounds, impact nesting success, and recorded dispersal movements indicate prior to onset of incubation. Taylor and reduce overwinter survival. Sufficient that lesser prairie-chickens are Guthery (1980b, p. 522) documented a nutrients and energy levels are obviously physically capable of longer single male moving 12.8 km (8 mi) in 4 important for reproduction and distance dispersal movements, these days, which they considered to be a overwintering. Males expend energy longer movements appear to be dispersal movement. Because lesser defending territories and mating while infrequent. Jamison (2000, p. 107) prairie-chickens exhibit limited females have demands of nesting, recorded only 2 of 76 tagged male lesser dispersal tendencies and do not incubation, and any renesting. Reduced prairie-chickens left the 5,760 ha typically disperse over long distances, condition can lead to smaller clutch (14,233 ac) primary study area over a 3- they may not readily recolonize areas sizes. Because lesser prairie-chicken year period. He thought site fidelity following localized extinctions, diets vary considerably by age, season, rather than habitat was more important particularly where the distance between and habitat type and quality, habitat in influencing movements of male lesser habitat patches exceeds their typical alteration can influence availability of prairie-chickens (Jamison 2000, p. 111). dispersal capabilities. certain foods. While not as critical for A tendency to move among neighboring In general, there is little adults, presence of forbs and associated populations rather than long distance documentation of historical dispersal insect populations can be very dispersal over the range, as patterns, and the existence of large-scale important for proper growth and demonstrated by greater sage-grouse migration movements is not known. development of chicks and poults (Oyler-McCance et al. 2005, p. 1306), However, both Bent (1932, pp. 284–285) (juvenile birds). may partially explain why lesser prairie- and Sharpe (1968, pp. 41–42) thought Generally, chicks and young juveniles chickens in Kansas recolonized areas of that the species, at least historically, tend to forage almost exclusively on native grassland in CRP but past efforts might have been migratory with insects, such as grasshoppers and to translocate individuals over long separate breeding and wintering ranges. beetles, and other animal matter while distances have largely been Taylor and Guthery (1980a, p. 10) also adults tend to consume a higher unsuccessful. thought the species was migratory prior percentage of vegetative material

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(Giesen 1998, p. 4). The majority of the component in the diet of young prairie- Treehoppers and beetles were the most published diet studies have been chickens (Drake 1994, pp. 31, 34, 36). common types of insects found in the conducted in the southwestern portions Insects are high in protein (Riley et al. spring diet. The proportion of vegetative of the historical range where the 1998, p. 42), and a high-protein diet was material provided by shinnery oak Quercus havardii (shinnery oak) essential in pheasants for normal growth leaves, catkins, and acorns was high. dominated grasslands are prevalent. and feather development (Woodward et Similarly, Doerr (1980, p. 8) also Throughout their range, when available, al. 1977. p. 1500). Insects and other examined the spring diet of lesser lesser prairie-chickens will use arthropods also have been shown to be prairie-chickens. However, he compared cultivated grains, such as Sorghum extremely important in the diet of young diets between areas treated with the vulgare (grain sorghum) and Zea mays sage grouse and Attwater’s prairie- herbicide tebuthiuron and untreated (corn), during the fall and winter chicken (Service 2010, pp. 30–31). areas, and it is unclear whether the months (Snyder 1967, p. 123; Campbell Older chicks between 5 and 10 weeks birds he examined came from treated or 1972, p. 698; Crawford and Bolen 1976c, of age ate almost entirely short-horned untreated areas. Birds collected from pp. 143–144; Ahlborn 1980, p. 53; Salter grasshoppers (80.4 percent) (Davis et al. treated areas likely would have limited et al. 2005, pp. 4–6). However, lesser 1980, p. 78). They also began to access to shinnery oak, possibly altering prairie-chickens tend to predominantly consume plant material during this the observed occurrence of shinnery oak rely on cultivated grains when period. Shinnery oak acorns, seeds of in the diet. He reported that animal production of natural foods, such as Lithospermum incisum (narrowleaf matter was the dominant component of acorns and grass and forb seeds are stoneseed), and foliage and flowers of the spring diet and largely consisted of deficient, particularly during drought Commelina erecta (erect dayflower) short-horned grasshoppers and darkling and severe winters (Copelin 1963, p. 47; comprised less than 1 percent of the diet beetles (Doerr 1980, pp. 30–31). Ants, Ahlborn 1980, p. 57). Cultivated grains (Davis et al. 1980, p. 78). ground beetles (Carabidae), and may be temporarily important during Correspondingly, Suminski (1977, pp. stinkbugs (Pentatomidae) were slightly prolonged periods of adverse winter 59, 61) observed that chicks between 6 less prevalent in the diet. Shinnery oak weather but are not necessary for and 10 weeks of age had begun to acorns and plant seeds were the least survival during most years and in most consume very small quantities (1.3 common component, by volume, in the regions. Use of cultivated grain fields is percent by volume) of plant material. diet in the Doerr (1980) studies. dependent upon the availability of The remainder of the diet was still In the summer, insects become a more waste grains on the soil surface during almost entirely composed of insects. By common component of the adult diet. In the fall and winter period. More far the most prevalent insect was short- New Mexico, insects comprised over efficient harvesting methods in use horned grasshoppers (Acrididae), half (55.3 percent) of the overall today likely reduce the availability of accounting for 73.9 percent of the diet summer (June, July, and August) diet waste grain. (Davis et al. 1980, p. 78). As the birds with almost half (49 percent) of the grew, the sizes of insects eaten insects being short- and long-horned Food availability for young is most increased. Analysis of food habits of grasshoppers and treehoppers (Davis et critical during the first 20 days (3 juvenile birds from 20 weeks of age and al. 1980, p. 77). Plant material weeks) post-hatching when rapid older, based on samples collected consumed was almost equally divided growth is occurring (Dobson et al. 1988, between August and December, revealed between foliage (leaves and flowers; p. 59). Food shortages during critical that 82.6 percent of diet was plant 23.3 percent) and mast and seeds (21.4 periods will negatively impact material by volume and 17.4 percent percent). Shinnery oak parts comprised development and survival. Diet of lesser was invertebrates (Suminski 1977, p. 22.5 percent of the overall diet. Olawsky prairie-chicken chicks less than 5 weeks 62). Shinnery oak acorns contributed 67 (1987, pp. 24, 30) also examined lesser of age is entirely composed of insects percent of the overall diet, by volume. prairie-chicken diets during the summer and similar animal matter. Specifically, Key insects included crickets season (May, June, and July); however, diet of chicks in New Mexico that were (Gryllidae), short-horned grasshoppers, he also compared diets between areas less than 2 weeks of age was 80 percent mantids, and butterfly (Lepidoptera) treated with tebuthiuron and untreated treehoppers (Mebracidae) (Davis et al. larvae. pastures in Texas and New Mexico. 1979, p. 71; Davis et al. 1980 p. 78). Plant materials are a principal While the diets in treated and untreated Overall, chicks less than 5 weeks of age component of the diet for adult lesser areas were different, the diet from the consumed predominantly (87.7 percent) prairie-chickens; however, the untreated area should be representative short-horned grasshoppers (Acrididae), composition of the diet tends to vary by of a typical summer diet. Total plant treehoppers, and long-horned season and habitat type. The majority of matter from birds collected from the grasshoppers (Tettigonidae) (Davis et al. the diet studies examined foods untreated areas comprised 68 to 81 1980, p. 78). Ants (Formicidae), mantids contained in the crop (an expanded, percent, by volume (Olawsky 1987, pp. (Mantidae), snout beetles muscular pouch within the digestive 30–32). Foliage comprised 21 to 25 (Curculionidae), darkling beetles tract of most birds that aids in percent, and seeds and mast, 36 to 60 (Tenebrionidae), robber flies (Asilidae), breakdown and digestion of foods) and percent, of the diet from birds collected and cockroaches (Blattidea) collectively were conducted in habitats supporting in the untreated area. Shinnery oak provided the remaining 12.3 percent of shinnery oak. However, Jones (1963b, p. acorns were the primary form of seeds the chicks’ diet (Davis et al. 1980, p. 78). 20) reported on lesser prairie-chicken and mast consumed. Animal matter Similarly Suminski (1977, pp. 59–60) diets from sand sagebrush habitats. comprised 19 to 32 percent of the examined diet of chicks 2 to 4 weeks of In the spring (March, April, and May), overall diet, and almost all of the animal age in New Mexico and found that diet lesser prairie-chickens fed heavily on matter consisted of treehoppers and was entirely composed of insects. green vegetation (60 to 79 percent) and short-horned grasshoppers (Olawsky Treehoppers, short-horned mast and seeds (15 to 28 percent) (Davis 1987, pp. 30–32). grasshoppers, and ants were the most et al. (1980, p. 76; Suminski 1977, p. Several studies have reported on the significant (95 percent) items consumed, 57). Insects comprised less than 13 fall and winter diets of lesser prairie- by volume. Insects and similar animal percent of the diet primarily due to their chickens. Davis et al. (1979, pp. 70–80), matter are a particularly prevalent relative scarcity in the spring months. Smith (1979, pp. 24–32), and Riley et al.

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(1993, pp. 186–189) all reported on consisting of only 2.5 percent by most significant plant component lesser prairie-chicken food habits from volume. Seeds and acorns comprised 11 detected in the winter diet. southeastern New Mexico (Chaves percent of the diet and consisted In the spring (March through May), County), where the birds had no access entirely of shinnery oak acorns and lesser prairie-chickens used seeds and to grain fields (Smith 1979, p. 31). They seeds of Linum rigidum (stiffstem flax). foliage of early spring annuals such as generally found that fall (October to Shinnery oak acorns (69 percent) and Viola bicolor (johnny jumpup) and early December) and winter (January annual buckwheat (14 percent) were the Silene antirrhina (sleepy catchfly) and February) diets generally consist of primary components of the winter (Jones 1963b, p. 49). Skunkbush sumac a mixture of seeds, vegetative material, (January and February) diet of lesser continued to be an important and insects. prairie-chickens in southeastern New component of the diet. Insect use The fall diet differed between years Mexico (Riley et al. 1993, p. 188). Heavy increased as the spring season primarily due to reduced availability of selection for acorns in winter was progressed. Doerr (1980, p. 29) also shinnery oak acorns (Smith 1979, p. 25). attributed to need for a high energy observed that grasshoppers and crickets Reduced precipitation in the fall of 1976 source to help sustain body temperature were prevalent in the spring diet. was thought to have influenced acorn in cold weather (Smith 1979, p. 28). However, foliage and acorns of shinnery production in 1977 (Riley et al. 1993, Vegetative matter was about 26 percent oak were more abundant in the diet than pp. 188). When acorns were available, of overall diet, by volume, with 5 any other food item. shinnery oak acorns comprised almost percent of the diet consisting of animal In the summer (June through August), 62 percent, by volume, of the diet but matter, almost entirely comprising lesser prairie-chickens continued to use less than 17 percent during a year when ground beetles (Carabidae) (Davis et al. sumac and other plant material, but the acorn crop failed (Smith 1979, p. 1979, p. 78). insects dominated the diet (Jones 1963b. 26). On average, total mast and seeds In contrast to the above studies, Jones pp. 64–65). Grasshoppers were the consumed was 43 percent, vegetative (1963b, p. 20) and Doerr (1980, p. 8) principal item found in the diet, but material was 39 percent, and animal examined food items present in the beetles were particularly favored in matter was 18 percent by volume of the droppings rather than from the crops. shrubby habitats. Similarly, Doerr (1980, fall diet (Davis et al. 1979, p. 76). Over Although this approach is valid, p. 25) found grasshoppers and crickets 81 percent of the animal matter differential digestion of the food items were the most important component of consumed was short-horned likely overemphasizes the importance of the summer diet followed in importance grasshoppers (Davis et al. 1979, p. 76). indigestible items and underrepresents by beetles. Jones (1963b, pp. 64–65) Crawford (1974, pp. 19–20, 35–36) occurrence of foods that are highly reported fruits from skunkbush sumac and Crawford and Bolen (1976c, pp. digestible (Jones 1963b, p. 21; Doerr to be the most favored plant material in 142–144) reported on the fall (mid- 1980, pp. 27, 33). Jones’ study site was the diet. Doerr (1980, p. 25) found James October) diet of lesser prairie-chickens located in the sand sagebrush cryptantha and erect dayflower were the in west Texas over a 3-year period. dominated grasslands in the more two most important plants in the diet in Twenty-three species of plants were northern portion of the historical range his study. Insects remained a principal identified from the crops over the where shinnery oak was unavailable. food item in the fall (September through course of the study. Plant matter However, Doerr’s study site was located November), at least until November accounted for 90 percent of the food in the shinnery oak dominated when plant foods, such as Cyperus present by weight and 81 percent by grasslands of the southwest Texas schweinitzii (flatsedge) and Ambrosia volume. Grain sorghum also was panhandle. psilostachya (western ragweed) became prevalent, comprising 63 percent by In the winter (December through more prevalent in the diet (Jones 1963b, weight and 43 percent by volume of February), where Rhus trilobata pp. 80–81). total diet. Alhborn (1980, pp. 53–58) (skunkbush sumac) was present, Jones Little is known regarding the specific also documented use of grain sorghum (1963b, pp. 30, 34) found lesser prairie- water requirements of the lesser prairie- during the fall and winter in eastern chickens primarily used sumac buds chicken, but their distribution does not New Mexico. The remainder of the diet and foliage of sumac, sand sagebrush, appear to be strongly influenced by the (10 percent by weight and 19 percent by and Gutierrezia sarothrae (broom presence of surface water. Total annual volume) was animal matter (insects snakeweed), particularly when snow precipitation across the range of the only). Over 62 percent, by volume, of was on the ground. Small annual plants lesser prairie-chicken varies, on average, the animal matter was composed of present in the diet were Vulpia from roughly 63 cm (25 in) in the short-horned grasshoppers. Other (Festuca) octoflora (sixweeks fescue), eastern portions of the historical range insects that were important in the diet annual buckwheat, and Evax prolifera to as little as 25 cm (10 in) in the included darkling beetles, walking (big-headed evax; bigheaded western portions of the range. sticks (Phasmidae), and wingless long- pygmycudweed) (Jones 1963b, p. 30). Consequently, fewer sources of free- horned grasshoppers (Gryllacrididae). Grain sorghum wasn’t used to any standing surface water existed in lesser During the fall and winter in eastern appreciable extent, particularly when prairie-chicken historical range prior to New Mexico, Alhborn (1980, pp. 53–58) skunkbush sumac was present, but was settlement than currently exist. Lesser reported that vegetative material from eaten when available. Relatively few prairie-chickens likely rely on food shinnery oak constituted 21 percent of insects were available during the winter sources and consumption of dew to the total diet. period. However, beetles were satisfy their metabolic moisture Similarly, Doerr (1980, p. 32) reported consumed throughout the winter season requirement (Snyder 1967, p. 123; on the lesser prairie-chickens from west and grasshoppers were important in Hagen and Giesen 2005, unpaginated; Texas in the fall (October). The diet December. Doerr (1980, p. 28) found Bidwell et al. 2002, p. 6) but will use largely comprised animal matter (86 grasshoppers, crickets, ants, and wasps surface water when it is available. Boal percent by volume) with short-horned were the most commonly observed and Pirius (2012, p. 6) observed that grasshoppers contributing 81 percent by insects in the winter diet. Foliage from 99.9 percent of lesser prairie-chicken volume of the total diet. Stinkbugs also sand sagebrush and Cryptantha cinerea locations they recorded in west Texas were prevalent in the diet. Foliage was (James’ cryptantha) was prevalent, but were within 3.2 km (2.0 mi) of an the least important component, shinnery oak acorns were by far the available water source and may be

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indicative of the importance of surface Mexico, estimated annual mortality for Mexico (Patten et al. 2005a, p. 1274). water sources. Grisham et al. (2013, p. males to be 65 percent. Hagen et al. Birds occupying sand shinnery sites 7) believed that use of available (2005, p. 82) specifically examined with greater than 20 percent shrub cover standing water may be particularly survival in male lesser prairie-chickens survived longer than those in areas with important for egg development during in Kansas and found apparent survival less dense shrub cover (Patten et al. drought conditions and its importance varied by year and declined with age. 2005a, p. 1275). Areas with greater than may be overlooked. Because much of Annual mortality was estimated to be 55 20 percent shrub cover likely provided the historically occupied range is now percent (Hagen et al. 2005, p. 83). a more suitable microclimate through used for domestic livestock production, Survival rates for lesser prairie-chickens enhanced thermal protection than areas numerous artificial sources of surface in northeastern Texas were lower for with less shrub cover. water, such as stock ponds and stock both sexes during the breeding season Availability of food and cover are key tanks, have been developed throughout than during the non-breeding season factors that affect chick and juvenile the region. Several studies have (Jones 2009, p. 16). Estimated survival survival. Habitats used by lesser prairie- documented use of these water sources was 52 percent. Lesser prairie-chickens chicken broods had greater biomass of by lesser prairie-chickens during the in New Mexico and Oklahoma also had invertebrates and forbs than areas not spring, late summer, and fall seasons higher mortality during the breeding frequented by broods in Kansas (Hagen (Copelin 1963, p. 20; Jones 1964, p. 70; season than at other times of the year et al. 2005, p. 1087); Jamison et al. 2002, Crawford and Bolen 1973, pp. 471–472; (Patten et al. 2005b, p. 240; Wolfe et al. p. 524). Chick survival averaged only Crawford 1974, p. 41; Sell 1979, p. 31), 2007). Male survival may be lower about 25 percent during the first 35 days and they may be particularly important during the breeding season due to following hatching (Hagen 2003, p. 135). during periods of drought (Crawford increased predation or costs associated Survival for chicks between 35 days of and Bolen 1973, p. 472; Crawford 1974, with territorial defense while lekking age and the following spring was p. 41). Hoffman (1963, p. 732) supported (Hagen et al. 2005, p. 83). In female estimated to be 53.9 percent in development of supplemental water lesser prairie-chickens, Hagen et al. southwestern Kansas (Hagen et al. 2009, sources (i.e., guzzlers) as a potential (2007, p. 522) estimated that annual p. 1326). Jamison (2000, p. 57) estimated habitat improvement tool. Others, such mortality in two remnant patches of survival of chicks from hatching to early as Davis et al. (1979, pp. 127–128) and native sand sagebrush prairie near autumn (60 days post-hatching), using Applegate and Riley (1998, p. 15) Garden City, Finney County, Kansas late summer brood sizes provided in cautioned that creating additional was about 50 percent at a study site several early studies, to be 27 percent in surface water sources will influence southwest of Garden City and about 65 Kansas and 43–65 percent in Oklahoma. grazing pressure and possibly contribute percent at a study site southeast of These values were considerably higher to degradation of habitat conditions for Garden City. Female survival may be than the 19 percent Jamison observed in lesser prairie-chickens. Rosenstock et al. lower during the breeding season due to his study and may reflect an inability in (1999, p. 306) reported that some the costs associated with reproduction the earlier studies to account for the predators, particularly raptors, benefit (see both Hagen et al. 2005 and 2007.). complete loss of broods and inclusion of from the presence of surface water Grisham (2012, pp. 19–20) found that mixed broods (combined broods from sources developed for wildlife in arid female survival (at least 71 percent) was several females) when estimating brood environments. Additionally, some higher than male survival (57 percent). size (Jamison 2000, p. 57). Pitman et al. (2006b, p. 677) estimated survival of livestock watering facilities may create Observed female survival rates were chicks from hatching to 60-days post- other hazardous conditions (e.g., much higher than those reported hatching to be 17.7 percent. Recruitment drowning; Sell 1979, p. 30), but the elsewhere in the literature (see was characterized as low with survival frequency of these incidents is Campbell 1972, Merchant 1982, and of juvenile birds from hatching to the unknown. Hagen et al. 2007) but may have been a Lesser prairie-chickens have a start of the first breeding season the function of the statistical test used in relatively short lifespan and high annual following year estimated to be only 12 the analysis (Grisham 2012, pp. 21–22). mortality. Campbell (1972, p. 694) percent (Pitman et al. 2006b, pp. 678– Principally, the study by Grisham (2012, estimated a 5-year maximum lifespan, 680), which may be a significant entire) demonstrated lesser prairie- although an individual nearly 7 years limiting factor in southwestern Kansas. chickens may have high survival during old has been documented in the wild by However, the authors cautioned that the Sutton Avian Research Center the breeding season in shinnery oak these estimates might not be indicative (Sutton Center) (Wolfe 2010, pers. habitats. of survival estimates in other areas due comm.). Average natural lifespan or Adult annual survival in Texas to low habitat quality, specifically poor generation time was calculated, based apparently varied by habitat type. In distribution of nesting and brood- on work by Farner (1955, entire), to be sand sagebrush habitat, survival was rearing habitats within the study area 1.95 years (Van Pelt et al. 2013, p. 130). estimated to be 0.52, whereas survival (Pitman et al. 2006b, p. 680). Pruett et al. (2011, p. 1209) also was only 0.31 in shinnery oak habitat Conservation Genetics estimated generation time in lesser (Lyons et al. 2009, p. 93). For both areas, prairie-chickens and found generation survival was about 4 percent lower Persistence of wild populations is times were slightly lower in Oklahoma during the breeding season than during usually influenced more by ecological (1.92 years) than in New Mexico (2.66 the nonbreeding period (Lyons et al. rather than by genetic effects; however, years). Lesser prairie-chickens and other 2009, p. 93). Hagen et al. (2007, p. 522) as population size declines, genetic galliform birds appear to have also reported lower survival during the factors often become increasingly particularly short lifespans for their size reproductive season (31 percent important (Lande 1995, p. 318). (Lindstedt and Calder 1976, p. 91). mortality) compared to the nonbreeding Considering that lesser prairie-chickens Differences in survival may be season (23 percent mortality) in Kansas. have one of the smallest population associated with sex, weather, harvest In contrast with Lyons et al. (2009), sizes and most restricted geographic (where allowed), age, and habitat survival times did not differ between distributions of any native North quality. Campbell (1972, p. 689), using sand sagebrush habitats in Oklahoma American grouse (Hagen and Giesen 9 years of band recovery data from New and shinnery oak habitats in New 2005, unpaginated), an understanding of

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relevant genetic factors can be valuable Mexico population is separated by to the rest of Texas and New Mexico when implementing conservation considerable distance from the (Corman 2011, p. 112). This population efforts, particularly where translocation remainder of the studied range. The likely maintains gene flow with and other forms of reintroduction may population in New Mexico was populations in adjacent portions of be considered. Van Den Bussche et al. significantly different from the others Oklahoma. The population cluster that (2003, entire) examined genetic examined and lacked gene flow with the persists in the Deaf Smith County region variation within the lesser prairie- remainder of the populations in had much lower diversity than other chicken using mitochondrial Colorado, Kansas and Oklahoma (Hagen locations in Texas. Diversity estimates deoxyribonucleic acid (DNA) (mtDNA, et al. 2010, p. 34). This suggests that obtained by Corman (2011, p. 113) were maternally-inherited DNA located in lesser prairie-chickens in New Mexico comparable with those provided by cellular organelles called mitochondria) are isolated from populations in Hagen et al. (2010, entire). Genetic and nuclear microsatellite (short, Colorado, Kansas and Oklahoma. diversity is particularly important to tandem repeating sequences of DNA Complementary work by Corman maintaining reproductive fitness. nucleotide base pairs) data from 20 lek (2011, entire) examined genetic Gregory (2011, p. 18) observed that for sites in Oklahoma and New Mexico. diversity in lesser prairie-chicken greater prairie-chickens, the most They found that these lesser prairie- populations in Texas. In examining genetically diverse males were more chicken populations maintain high population differentiation, the likely to live longer than less diverse levels of genetic variation and genetic population in Deaf Smith County was males and were more likely to be the diversity did not differ between leks in not significantly different from the most successful male on the lek. Corman (2011, p. 142) estimates that Oklahoma and New Mexico (Van Den remainder of the populations in the the lesser prairie-chicken effective Bussche et al. 2003, p. 680). Historical southwestern panhandle and eastern population size is about 560 to 610 gene flow between birds in Oklahoma New Mexico nor was this population individuals are required for the and New Mexico was considered to be significantly different from the southwestern Texas Panhandle and New low, leading to some genetic population in Lipscomb, Hemphill, and Mexico populations and about 120 to differentiation between the two Wheeler counties (Corman 2011, p. 47). 260 individuals for the northeast Texas populations (Van Den Bussche et al. The Gray and Donley County Panhandle region. Consistent with 2003, p. 681). These findings are not population and the Lipscomb, previous studies, the southwest Texas/ unexpected, considering these Hemphill, Wheeler population of populations are fragmented and eastern New Mexico lesser prairie- northeast Texas panhandle had the chicken population is isolated from the separated by at least 300 km (200 mi). lowest differentiation of the four Bouzat and Johnson (2004, entire) remainder of the range (a condition geographical regions studied. The Deaf which has been in place for perhaps at examined genetic structure between Smith County and the Gray and Donley four closely spaced leks within a lesser least 6–7 decades) and exhibits effects County populations had the greatest from genetic drift as indicated by lower prairie-chicken population in New differentiation even though they were Mexico. They detected increased genetic variability (Corman 2011, p. intermediate by distance between the 116). Based on estimates of the effective inbreeding within these closely spaced regions. The southwest Texas leks, leading to an increase in population size, the southwest Texas/ panhandle population revealed little eastern New Mexico population may be homozygosity (having the same differentiation with the New Mexico large enough to maintain evolutionary inherited alleles (gene form), rather than population (Corman 2011, p. 48). potential (ability to adapt to changing different alleles at a particular gene Genetic clustering efforts without regard conditions over time) if there were no location on both homologous to region indicated the northeast Texas further population declines or changes chromosomes (threadlike linear strands populations and the southwest Texas in habitat conditions (Corman 2011, p. of DNA and associated proteins in the panhandle-New Mexico populations 120). However, the lesser prairie- cell nucleus that carries the genes and were the two primary geographic chicken populations in the northeast functions in the transmission of clusters of lesser prairie-chickens in Texas panhandle do not appear to be hereditary information)) within these Texas. Genetic clustering within these large enough to maintain evolutionary leks (Bouzat and Johnson 2004, p. 503). two primary geographic clusters potential without stabilizing Although no deleterious effects to indicated that additional clusters were populations and continued connectivity demographic rates have yet been present. Within the southwest Texas to populations in Oklahoma (Corman documented in New Mexico panhandle-New Mexico cluster, the 2011, p. 120). populations, a loss of genetic diversity population in Deaf Smith County Pruett et al. (2011, entire) examined and inbreeding can lead to a reduction clustered separately from the remainder effective population size in lesser in reproductive fitness in prairie grouse of the population in the southwest prairie-chickens from New Mexico and (Bouzat et al. 1998a, p. 841; Bouzat et Texas and New Mexico cluster. In the Oklahoma. Effective population size is al. 1998b, p. 4). northeastern Texas cluster, the Gray and useful for determining extinction risk in Hagen et al. (2010, entire) examined Donley County population clustered small populations and is a measure of variability in mtDNA of lesser prairie- separately from the remainder of the the actual number of breeding chickens across their range, with the populations in Lipscomb, Hemphill, individuals in a population. The exception of Texas. They observed low and Wheeler counties (Corman 2011, p. effective size of a population is often levels of population differentiation (p. 49). The two primary population much less than the actual number of 33) with relatively high levels of genetic clusters are separated by a geographical individuals within the same population. diversity in most populations (pp. 33– distance of about 160 to 250 km (99 to It is defined as the size of an idealized 34). Their data suggest that gene flow 155 mi). Overall genetic diversity in population of breeding adults that continues to occur over most of the Texas has remained relatively high would experience the same rate of (1) occupied range, with significant despite observed population declines loss of heterozygosity (the amount and differences between New Mexico since 1900 (Corman 2011, p. 112). number of different genes within populations and the rest of the studied Genetic diversity tends to be higher in individuals in a population), (2) change range. As previously indicated the New northeastern Texas Panhandle relative in the average inbreeding coefficient (a

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calculation of the amount of breeding by about 10,000 birds and less than 1,000 1987, p. 94; Vermeire 2002, p. 1). Sand- closely related individuals), or (3) birds in 100 years, provided existing sage shrublands have been estimated to change in variance in allele (one conditions did not change. Based on occupy 4.8 million ha (11.8 million ac) member of a pair or series of genes these numbers, Garton (2012, p. 18, 32) in the central and southern Great Plains occupying a specific position in a concludes from the most recent data, (Berg 1994, p. 99). specific chromosome) frequency two of the eco-regions (sand sagebrush The shinnery oak vegetation type is through genetic drift (the fluctuation in prairie and mixed grass/CRP) and the endemic to the southern great plains gene frequency occurring in an isolated rangewide species population have high and is estimated to have historically population) as the actual population. As to very high probabilities of falling covered an area of 2.3 million ha (over the effective population size decreases, below quasi-extinction thresholds 5.6 million ac), although its current the rate of loss of allelic diversity via within 30 years. Garton (2012, p. 18) range has been considerably reduced genetic drift increases, reducing also concludes that analysis across the through eradication (Mayes et al. 1998, adaptive potential and increasing the long-term data paint a more optimistic p. 1609). The distribution of shinnery risk of inbreeding depression. picture of the rangewide species oak overlaps much of the historical Estimates of effective population size, carrying capacity, but the fundamental lesser prairie-chicken range in New based on the parameters for the pattern is still one of declining trends Mexico, Oklahoma, and Texas (Peterson demographic variables they modeled, that must be reversed in the long term and Boyd 1998, p. 2). Shinnery oak is was estimated to be between 341 and to conserve the species. a rhizomatous (a horizontal, usually 1,023 individuals in Oklahoma and Habitat underground stem that often sends out between 944 and 2,375 individuals in roots and shoots from its nodes) shrub The preferred habitat of the lesser New Mexico (Pruett et al. (2011, p. that reproduces slowly and does not prairie-chicken is native prairies 1209). Using genetic information, which invade previously unoccupied areas composed of short- and mixed-grasses generally yields smaller effective (Dhillion et al. 1994, p. 52). Mayes et al. with a shrub component dominated by population sizes, Pruett et al. (2011, p. (1998, p. 1611) documented that a single Artemesia filifolia (sand sagebrush) or 1211) estimated current effective rhizomatous shinnery oak can occupy Quercus havardii (shinnery oak) population size in Oklahoma to be about an area exceeding 7,000 square meters (hereafter described as native rangeland) 115 individuals and about 55 (sq m) (75,300 square feet (sq ft)). (Donaldson 1969, pp. 56, 62; Taylor and individuals in New Mexico. This value Shinnery oak in some areas multiplies Guthery 1980a, p. 6; Giesen 1998, pp. 3– for New Mexico is considerably smaller by slow rhizomatous spread and than the value determined for New 4). In more moist, less sandy soils, other eventual fracturing of underground Mexico by Corman (560 to 610 small shrubs, such as plums and sumac, stems from the original plant. In this individuals) (2011, p. 142). However, become more prevalent; however, the way, single clones have been Corman included birds from southwest habitat remains suitable for lesser documented to occupy up to 81 ha (200 Texas in his estimates of the Texas prairie-chickens. Small shrubs, along ac) over an estimated timeframe of Panhandle and New Mexico with tall grasses, provide cover/ 13,000 years (Cook 1985, p. 264; populations, which likely contributed to concealment for nesting hens and Anonymous 1997, p. 483), making the higher estimate of effective broods and are important for summer shinnery oak possibly the largest and population size. Despite these low shade (Copelin 1963, p. 37; Donaldson longest-lived plant species in the world. numbers resulting from genetic analysis, 1969, pp. 44–45, 62), winter protection, based on estimates of the effective and as supplemental foods (Johnsgard Within the historical range of the population size, we conclude that the 1979, p. 112). Typically the height and species, the USDA’s CRP, administered southwest Texas/eastern New Mexico structure of short-grass prairie alone by the FSA, has promoted the population may be able to maintain does not provide suitable cover when establishment and conservation of evolutionary potential (ability to adapt shrubs or taller grasses are absent. certain grassland habitats. Originally to changing conditions over time) if Historically, trees and other tall, woody funded as a mechanism to reduce there are no further population declines vegetation were largely absent from erosion from highly erodible soils, the or changes in habitat conditions. these grassland ecosystems, except in program has since become a means to at Garton (2012, entire) conducted a canyons and along water courses. least temporarily retire any reconstruction analysis of lesser prairie- Prairie landscapes supporting less than environmentally sensitive cropland chicken population abundance through 63 percent native rangeland appear from production and establish time to model the likely future of lesser incapable of supporting self-sustaining vegetative cover on that land. Initially, prairie-chicken populations. His lesser prairie-chicken populations many types of grasses were approved for analysis evaluated both rangewide (Crawford and Bolen 1976a, p. 102). use as permanent vegetative cover, populations and each of the four Outside of the CRP dominated including several that are nonnative. ecoregions where the lesser prairie- grasslands in Kansas, lesser prairie- The use of native grasses has become chicken occurs. To do so, Garton (2012, chickens are primarily found in the more prevalent over time. In Kansas in p. 5) used the effective population size sand sagebrush dominated native particular, much of the vegetative cover values of 50 individuals for short-term rangelands of Colorado, Kansas, established through the CRP within the (30 year) persistence and 500 for long- Oklahoma, and Texas, and in the historical range of the lesser prairie- term (100 year) persistence and adjusted shinnery oak-bluestem grasslands of chicken was a mix of native warm- these for count composition of sexes New Mexico, Oklahoma, and Texas. season grasses such as Schizachyrium resulting in an estimated effective Sand sagebrush is a 0.6- to 1.8-m (2- to scoparium (little bluestem), Bouteloua population size of 85 birds for short- 6-ft) tall shrub that occurs in 11 States curtipendula (sideoats grama), and term persistence and 852 birds for long- of the central and western United States Panicum virgatum (switchgrass) term persistence. Using these estimated (Shultz 2006, p. 508). Within the central (Rodgers and Hoffman 2005, p. 120). effective population sizes, Garton (2012, and southern Great Plains, sand These grasses are important components p. 16–17) projected that in 30 years the sagebrush is often a dominant species of lesser prairie-chicken habitat and estimated rangewide carrying capacity on sandy soils and may exhibit a foliar have led to reoccupation of large areas of lesser prairie-chickens would be cover of 20 to 50 percent (Collins et al. of the historical range in western Kansas

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by lesser prairie-chickens, particularly gas pads, and similar forms of human close to nesting areas. In Kansas, north of the Arkansas River. disturbance can create habitat habitats used by broods had greater total In other areas, nonnative grasses were conditions that may encourage the biomass of invertebrates and forb cover used that displaced the native, warm establishment of artificial lek sites (as than areas not frequented by broods, season grasses, providing little, if any, opposed to those in native grasslands). emphasizing the importance of forbs in habitat value for the lesser prairie- Site fidelity also may play a role in providing the invertebrate populations chicken. Exotic old world bluestems continued use of certain areas as lek used by young lesser prairie-chickens and Eragrostis curvula (weeping sites, despite some forms of human (Jamison et al. 2002, pp. 520, 524). lovegrass) were extensively seeded in disturbance. However, Taylor (1979, p. Grisham (2012, p. 153) observed that CRP tracts in Texas, New Mexico, and 707) emphasized that human brood survival through 14 days post- Oklahoma (Haufler et al. 2012, p. 17; disturbance, which is often associated hatching was the primary factor limiting Hickman and Elmore 2009, p. 54). For with these artificial lek sites, is population growth of lesser prairie- example, about 70 to 80 percent of the detrimental during the breeding season chickens and that a lack of forbs original CRP seedings in eastern New and did not encourage construction of necessary to support abundant insects Mexico consisted of dense, single- potential lek sites in or near areas was implicated as a primary factor species stands of weeping lovegrass, subject to human disturbance. Leks are influencing brood survival. After the Bothriochloa bladhii (Caucasian typically located near areas that provide broods break up, the juveniles form bluestem), or B. ischaemum (yellow good nesting habitat. Giesen (1998, p. 9) mixed flocks with adult birds (Giesen bluestem) (Rodgers and Hoffman 2005, reported that hens usually nest and rear 1998, p. 9), and juvenile habitat use is p. 122). Monocultures of old world broods within 3.4 km (2.1 mi) of leks similar to that of adult birds. bluestem and other exotic grasses and may return to nest in areas of The rangewide plan provides a contribute very little to lesser prairie- previously successful nests (Riley 1978, detailed characterization of lesser chicken conservation as they provide p. 36). Giesen (1994a, pp. 97–98) and prairie-chicken preferred nesting and poor-quality nesting and brood rearing Hagen and Giesen (2005, unpaginated) brood rearing habitat in native habitat. Toole (2005, p. 21) reported that also reported that hens often nest closer rangelands with a shinnery oak or sand the abundance of invertebrates, which to a lek other than the one on which sagebrush shrub component and in are used as food for both adults and they mated. Adequate nesting and brood areas dominated by CRP fields where young, was over 32 times lower in rearing habitats are crucial to native shrubs are often absent (Van Pelt weeping lovegrass CRP fields than in population growth as they influence et al. 2013, pp 75–76). Additionally, pastures containing native warm season nest success and brood survival. Hagen et al. (2013, entire) conducted a grasses. However, as these nonnative Typical nesting habitat can be meta-analysis (analysis of information CRP grasslands have matured over the generally described as native rangeland, from multiple studies) of lesser prairie last two decades, some species of native although vegetation structure, such as chicken nesting and brood rearing grasses and shrubs are beginning to the height and density of forbs and habitat within both sand sagebrush and reestablish within these fields. The residual grasses, is frequently greater at shinnery oak dominated vegetative lesser prairie-chicken will occasionally nesting locations than on adjacent communities and the mixed grass use these older stands of exotic grasses rangeland (Giesen 1998, p. 9). Adequate community. They reported average for roosting and nesting (Rodgers and herbaceous cover, including residual values for 10 different parameters and Hoffman 2005, p. 122), but such fields cover from the previous growing season, used these summarized values derived often continue to provide limited is an important factor influencing nest from 14 different studies (Hagen et al. habitat value for lesser prairie-chickens. success, primarily by providing 2013, p. 755). In general, they reported In contrast, where CRP lands support concealment of the nest (Suminski 1977, that lesser prairie-chicken nesting native, warm season grasses having the p. 32; Riley 1978, p. 36; Riley et al. habitat in sand sagebrush regions have suitable vegetative structure and species 1992, p. 386; Giesen 1998, p. 9). at least 60 percent canopy cover of composition required by lesser prairie- Concealment of the nest is important as forbs, and shrubs and grasses that are at chickens, these fields can provide high successful nests are often associated least 25 cm (9.8 in) tall in western quality habitat. See section on with greater heights and cover of shrubs portions of the range to over 40 cm (15.7 ‘‘Conservation Reserve Program (CRP)’’ and perennial grasses than are in) tall in the eastern portion of the for more information on CRP. unsuccessful nests. Nests are often range. Leks are characterized by areas of located on north and northeast facing Habitat use at finer scales indicates sparse or low vegetation (10 cm (4 in) slopes as protection from direct sunlight that lesser prairie-chickens throughout or less) cite for height see Plan) and are and the prevailing southwest winds the year consistently occupied sites generally located on elevated features, (Giesen 1998, p. 9). with greater cover than what was such as ridges or grassy knolls (Giesen Giesen (1998, p. 9) reports that habitat available across the landscape (Larrson 1998, p. 4). Vegetative cover used by young is similar to that of et al. 2013, pp. 138, 140). Microhabitats characteristics, primarily height and adults, but good brood rearing habitat selected were based on presence of density, may have a greater influence on will have less grass cover and higher specific species of grasses and forbs and lek establishment than elevation (Giesen amounts of forb cover than nesting specific vegetative structure (Larrson et 1998, p. 4). Copelin (1963, p. 26) habitat (Hagen et al. 2013, p. 4). Dense al. 2013, p. 138–139). The researchers observed display grounds within short grass cover impedes movements of the inferred that predation and temperature grass meadows of valleys where sand chicks (Pitman et al. 2009, p. 680). Forbs influenced habitat selection by lesser sagebrush was tall and dense on the are important for the insects they prairie-chickens, with birds using more adjacent ridges. Early spring fires also produce which in turn influences body open areas during periods with cooler encouraged lek establishment when mass of the chicks (Pitman et al. 2006b, temperatures and more dense vegetation vegetation likely was too high (0.6 to 1.0 p. 680). Considering the limited during periods with hotter temperatures m (2.0 to 3.3 ft)) to facilitate displays mobility of broods—daily movement of (Larrson et al. 2013, p. 141). However, (Cannon and Knopf 1979, pp. 44–45). the broods is usually 300 m (984 ft) or there may be a tradeoff between sites Several authors, as discussed in Giesen less (Candelaria 1979, p. 25)—optimum that are thermally favorable and sites (1998, p. 4), observed that roads, oil and brood rearing habitat is typically found that minimize the risk of predation.

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Maintaining a diverse native plant their requirement for large blocks of cultivation of grain crops. Lesser prairie- community with a suite of structural interconnected, ecologically diverse chickens are not currently believed to composition (e.g., height and density) native grassland. Taylor and Guthery occur in Nebraska. Sharpe did not that meets all of the lesser prairie- (1980a, p. 11) used lesser prairie- report any confirmed observations since chicken cover requirements for chicken movements in west Texas to the 1920s (Sharpe 1968, entire), and no breeding, nesting and brood rearing may estimate the area needed to meet the sightings have been documented despite help compensate for tradeoffs between minimum requirements of a lek searches over the last 5 years in microclimate preferences and predator population. A contiguous area of southwestern Nebraska (Walker 2011). avoidance. suitable habitat encompassing at least Therefore, Nebraska is generally Giesen (1998, p. 4) reports that fall 32 sq km (12 sq mi or 7,900 ac) would considered outside the historical range and winter habitat requirements are support about 90 percent of the annual of the species. similar to those used during the nesting activity associated with a given lek and Based on a single source, Crawford and brood rearing seasons, with the an area of 72 sq km (28 sq mi or 17,791 (1974, p. 4) reported that the lesser exception that cultivated grain fields are ac) would include all of the annual prairie-chicken was successfully used more heavily during these periods activity associated with a lek except for introduced to the island of Niihau in the than during the breeding season. some movements of juveniles (Taylor State of Hawaii. Prairie-chickens were Considering lesser prairie-chickens tend and Guthery (1980a, p. 11). Bidwell et known to have been released on Niihau, to spend most of their daily and al. (2002, p. 3) speculated that at least a privately owned island, in 1934 seasonal activity near (within 4.8 km 101.2 sq km (39 sq mi or 25,000 ac) of (Fisher 1951, p. 37), but the taxonomic (3.0 mi)) the display grounds even contiguous high-quality habitat may be identity of those birds has not ever been during the non-breeding season (Giesen needed to maintain a sustainable confirmed. Schwartz and Schwartz 1994, p. 97; Riley et al. 1994, p. 185; population of lesser prairie-chickens. (1949, p. 120) believed that these birds Woodward et al. 2001, p. 263), Because lesser prairie-chickens typically were indeed lesser prairie-chickens. similarity in habitat use across seasons nest and rear their broods in proximity Fisher and members of his expedition is not surprising. Boal and Pirius (2012, to a lek other than the one used for did observe at least eight individual p. 6) observed that slightly more than 97 mating (Giesen 1998, p. 9), a complex of prairie-chickens during a visit to Niihau percent of the radio-marked birds they two or more leks is likely the very in 1947, but no specimens were followed were relocated within 3.2 km minimum required to sustain a viable collected due to their scarcity and the (2 mi) of the breeding ground on which lesser prairie-chicken population. Hagen landowner’s requests (Fisher 1951, pp. they were captured and just under 97 et al. (2004, p. 76) recommended that 33–34, 37). Consequently, the specific percent of the marked birds were lesser prairie-chicken management areas identity of these birds could not be located within 3.2 km (2 mi) of a known be at least 4,096 sq km (1,581 sq mi or confirmed, and their current status on lek. Similarly Kukal (2010, p. 19) 1,012,140 ac) in size. Management areas the island remains unknown (Pratt et al. reported almost 98 percent of male of this size would incorporate the 1987, p. 324; Pyle and Pyle 2009, p. 5). lesser prairie-chickens were located longest-known movements of individual Similarly, Jeschke and Strayer (2008, p. within 5 km (3 mi) of the lek on which birds and be large enough to maintain 127) indicate that both lesser and greater they were captured and 98 percent were healthy lesser prairie-chicken prairie-chickens were introduced to within 2.3 km (1.4 mi) of a known lek. populations despite the presence of parts of Europe, but both species failed Observations for females were very potentially large areas of unsuitable to become established there. We do not similar. Almost 98 percent of females habitat. believe that either greater or lesser were located within 3.8 km (2.4 mi) of prairie-chickens still persist in Hawaii the lek on which they were captured Historical Range and Distribution or Europe, and we did not receive any and roughly 98 percent were within 2.4 Prior to description by Ridgeway in comments during the comment periods km (1.5 mi) from a known lek (Kukal 1885, most observers did not that confirmed their continued 2010, pp. 19–20). differentiate between the lesser and existence in either location. There is considerable overlap in lesser greater prairie-chicken. Consequently, Johnsgard (2002, p. 32) estimated the prairie-chicken habitat requirements, estimating historical abundance and maximum historical range of the lesser with the lek being the common focal occupied range is difficult. Historically, prairie-chicken to have encompassed point for most activities. A mixture of the lesser prairie-chicken is known to between 260,000 and 388,500 sq km lekking, nesting, brood rearing, and have occupied native rangeland in (100,000 to 150,000 sq mi), with about wintering habitat, all in close proximity portions of southeastern Colorado two-thirds of the historical range to the other, provides optimum habitat (Giesen 1994b, pp. 175–182), occurring in Texas. Taylor and Guthery conditions needed to support lesser southwestern Kansas (Baker 1953, p. 9; (1980a, p. 1, based on Aldrich 1963, p. prairie-chickens. Considering that nest Schwilling 1955, p. 10), western 537) estimated that, by the 1880s, the success and brood survival are the most Oklahoma (Duck and Fletcher 1944, p. area occupied by lesser prairie-chicken critical factors influencing population 68), the Texas panhandle (Henika 1940, was about 358,000 sq km (138,225 sq viability (Pitman et al. 2006b, p. 679; p. 15; Oberholser 1974, p. 268), and mi), and, by 1969, they estimated the Hagen et al. 2009, pp. 1329–1330; eastern New Mexico (Ligon 1927, pp. occupied range had declined to roughly Grisham 2012, p. 153), Hagen et al. 123–127). 125,000 sq km (48,263 sq mi) due to (2013, p. 750), a habitat mosaic Lesser prairie-chickens also have been widespread conversion of native prairie consisting of approximately one-third documented from Nebraska, based on at to cultivated cropland. Taylor and brood rearing habitat and two-thirds least four specimens known to have Guthery (1980a, p. 4) estimated that, by nesting habitat are key to conservation been collected near Danbury in Red 1980, the occupied range encompassed and management of the lesser prairie- Willow County during the 1920s only 27,300 sq km (10,541 sq mi), chicken (Hagen et al. 2013, p. 756). (Sharpe 1968, p. 50). Sharpe (1968, pp. representing a 90 to 93 percent Reported home ranges, seasonal 51, 174) considered the occurrence of reduction in occupied range since pre- movement patterns, and dispersal lesser prairie-chickens in Nebraska to be European settlement and a 92 percent distances of lesser prairie-chickens, as the result of a short-lived range reduction in the occupied range since previously discussed, are indicative of expansion facilitated by settlement and the 1880s.

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In 2007, cooperative mapping efforts Lakes Joint Venture, reestimated the (20,298 sq mi) in New Mexico; 68,452 by species experts from the Colorado maximum historical and occupied sq km (26,430 sq mi) in Oklahoma; and Parks and Wildlife (CPW) (formerly ranges. They determined the maximum 236,396 sq km (91,273 sq mi) in Texas. Colorado Division of Wildlife), Kansas occupied range, prior to European Since 2007, the CPW slightly expanded Department of Wildlife, Parks and settlement, to have been approximately the historical range in Colorado, based Tourism (KDWPT) (formerly Kansas 456,087 sq km (176,096 sq mi) (Playa on new information. The total Department of Wildlife and Parks), New Lakes Joint Venture 2007, p. 1). The maximum historically occupied range, Mexico Department of Game and Fish approximate historical range, by State, based on this adjustment, is now (NMDGF), Oklahoma Department of based on this cooperative mapping estimated to be about 466,998 sq km Wildlife Conservation (ODWC), and effort is the following: 21,911 sq km (180,309 sq mi) (Table 1.). Texas Parks and Wildlife Department (8,460 sq mi) in Colorado; 76,757 sq km (TPWD), in cooperation with the Playa (29,636 sq mi) in Kansas; 52,571 sq km

TABLE 1—ESTIMATED HISTORICAL AND CURRENT OCCUPIED LESSER PRAIRIE-CHICKEN RANGE BY STATE

Extent Historical Current State range range Historical Current

Colorado ...... 6 counties ...... 4 counties ...... 32,821.1 sq km (12,672.3 sq mi) ...... 4,456.4 sq km (1,720.6 sq mi). Kansas ...... 38 counties ...... 35 counties ...... 76,757.4 sq km (29,636.2 sq mi) ...... 34,479.6 sq km (13,312.6 sq mi). New Mexico ...... 12 counties ...... 7 counties ...... 52,571.2 sq km (20,297.9 sq mi) ...... 8,570.1 sq km (3,308.9 sq mi). Oklahoma ...... 22 counties ...... 9 counties ...... 68,452.1 sq km (26,429.5 sq mi) ...... 10,969.1 sq km (4,235.2 sq mi). Texas ...... 34 counties (1940s– 21 counties* ...... 236,396.2 sq km (91,273.1 sq mi) .... 12,126.5 sq km (4,682.1 sq mi). 50s).

TOTAL ...... 107 counties ...... 76 counties ...... 466,998.0 sq km (180,308.9 sq mi) .. 70,601.7 sq km (27,259.5 sq mi). * Timmer (2012, p. 36) observed lesser prairie-chickens in only 12 counties.

Current Range and Distribution chicken is now thought to occupy about respective polygon. Considering The lesser prairie-chicken still occurs 34,480 sq km (13,313 sq mi). In population size may vary annually, the within the States of Colorado, Kansas, Colorado, this adjustment is the result of precise extent of the occupied range also New Mexico, Oklahoma, and Texas survey efforts that recommended the may vary annually. This approach helps (Giesen 1998, p. 3). During the 2007 addition of 240 sq km (93 sq mi) of ensure that all of the occupied range is mapping effort (Playa Lakes Joint suitable habitat in the occupied range. captured during planning efforts and is Venture 2007, p. 1; Davis et al. 2008, p In Kansas, the adjustment was due to consistent with the action area used by 19), the State conservation agencies expansion of lesser prairie-chicken the LPCI. This approach also is estimated the current occupied range populations in Ellis, Graham, Sheridan, consistent with the action area used by encompassed 65,012 sq km (25,101 sq and Trego Counties. The total estimated the FSA for their section 7 consultation mi). The approximate occupied range, occupied range is now believed to purposes. The area encompassed by the by State, based on this cooperative encompass 70,602 sq km (27,259 sq mi) EOR + 10 varies slightly by planning mapping effort was 4,216 sq km (1,628 (Table 1). The currently occupied range effort depending on how the area was sq mi) in Colorado; 29,130 sq km now represents roughly 16 percent of mapped and derived from geographical (11,247 sq mi) in Kansas; 8,570 sq km the revised historical range. This value mapping software used in geographical (3,309 sq mi) in New Mexico; 10,969 sq is a close approximation because a small information systems. The rangewide portion of the expanded range in Kansas km (4,235 sq mi) in Oklahoma; and plan estimates that the EOR + 10 lies outside the estimated maximum 12,126 sq km (4,682 sq mi) in Texas. encompasses 162,478 sq km (62,733 sq historical range and was not included in About 95 percent of the currently mi) or 16,247,912 ha (40,149,404 ac) this analysis. Considering there are estimated occupied range occurs on (Van Pelt et al. 2013, p. 129). When the privately owned land, as determined historical records from Nebraska, the CHAT tool is used to derive the EOR + using the Protected Areas Database of maximum historical range currently in 10, however, the extent is 16,653,390 ha the United States hosted by the U.S. use is likely smaller than the maximum (41,151,360 ac) (Van Pelt et al. 2013, p. Geological Survey Gap Analysis that would exist if the temporarily Program. This database represents occupied range in Nebraska was 137). During the development of the public land ownership and conservation included in the analysis. final rangewide plan in the fall of 2013, lands, including voluntarily provided Many of the ongoing conservation the CHAT tool was revised to account privately protected areas, and the extent efforts, including the rangewide plan for additional information obtained by of private ownership can be determined and the LPCI, established a 16-km (10- the States, resulting in the difference of by subtracting the amount of public mi) buffer around the estimated the EOR + 10 compared to the lands from the total land base occupied range for planning and rangewide plan. However, the CHAT encompassed by the occupied range. implementation purposes. This decision support tool is a work in Since 2007, the occupied and approach, EOR + 10, was used for a process and is expected to continue to historical range in Colorado and the variety of reasons. Most importantly, change as geospatial modeling occupied range in Kansas have been this approach recognizes that the techniques are refined and additional adjusted to reflect new information. The boundaries delineating the occupied datasets are obtained. Therefore, we currently occupied range in Colorado is range are not static and may vary from used the area presented in the now estimated to be 4,456 sq km (1,721 year to year depending on size of lesser rangewide plan as the EOR + 10 sq mi), and, in Kansas, the lesser prairie- prairie-chicken populations within the throughout this final rule.

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Although the mapped polygons used many as two million birds may have TABLE 2—RECENT POPULATION to determine the estimated occupied occurred in Texas alone prior to 1900. ESTIMATES PRIOR TO 2012 BY STATE range appear contiguous and may leave By the 1930s, the species had begun to [Modified from Hagen et al. 2010, p. 30] the impression that the entire polygon is disappear from areas where it had been uniformly occupied by lesser prairie- considered abundant, and the decline State Recent population esti- chickens, such is not the case. Over was attributed to extensive cultivation, mates prior to 2012 much of the area within each occupied overgrazing by livestock, and drought polygon, the habitat has been (Bent 1932, p. 280). Populations were Colorado ...... < 1,500 (in 2000). fragmented and provides suitable Kansas ...... 19,700–31,100 (in 2006). nearly extirpated from Colorado, New Mexico ...... 6,130 (in 2011). habitat in patches of various sizes. Kansas, and New Mexico, and were Consequently, within each polygon Oklahoma ...... < 3,000 (in 2000). markedly reduced in Oklahoma and Texas ...... 1,254–2,649 (in 2010–11). designated as occupied range, there will Texas (Baker 1953, p. 8; Crawford 1980, be areas that do not provide suitable p. 2). TOTAL ...... < 45,000. habitat and are unlikely to be occupied Rangewide estimates of population by lesser prairie-chickens. The estimates In the spring (March 30 to May 3) of of occupied range, in acres or hectares, size were almost nonexistent until the 2012, the States, in conjunction with the are therefore not accurate in the sense 1960s and likely corresponded with Western Association of Fish and that they include areas that are not more frequent and consistent efforts by Wildlife Agencies, implemented a occupied but were included in the the States to monitor lesser prairie- rangewide sampling framework and larger mapping unit for calculation chicken populations. Although lesser survey methodology using small purposes. The actual amount of prairie-chicken populations can aircraft. This aerial survey protocol was occupied habitat is likely less than the fluctuate considerably from year to year developed to provide a more consistent areas, in acres or hectares, presented in in response to variable weather and approach for detecting rangewide trends this discussion. habitat conditions, generally the overall in lesser prairie-chicken population As derived from the estimated population size has continued to abundance across the occupied range. historical and occupied ranges decline from the estimates of population The goal of this survey was to estimate described above, the overall distribution size available in the early 1900s (Robb the abundance of active leks and of lesser prairie-chicken within all and Schroeder 2005, p. 13). By the mid- provide information that could be used States except Kansas has declined 1960s, Johnsgard (1973, p. 281) to detect trends in lek abundance over sharply since pre-European settlement, estimated the total rangewide time. The sampling framework used 15- and the species is generally restricted to population to be between 36,000 and by-15-km (9-by-9-mi) grid cells variously sized, often highly fragmented overlapping the estimated occupied parcels of untilled native rangeland 43,000 individuals. In 1980, the range, as existed in 2011, plus a 7.5-km (Taylor and Guthery 1980a, pp. 2–5) or estimated rangewide fall population size (4.6-mi) buffer. Additional information areas with significant CRP enrollments was thought to be between 44,400 and on the survey approach is provided in that were initially seeded with native 52,900 birds (Crawford 1980, p. 3). grasses (Rodgers and Hoffman 2005, pp. Population size in the fall is likely to be McDonald et al. 2011, entire. 122–123). The estimated current larger than population estimates derived The aerial survey study area was occupied range, based on cooperative from spring counts due to recruitment divided into four regions that mapping efforts described above, and as that occurs following the nesting season. encompassed the estimated occupied derived from calculations of the area of By 2003, the estimated total rangewide range of the lesser prairie-chicken. each mapped polygon using population was 32,000 birds, based on These regions were delineated largely geographical information software, information provided by the Lesser based on habitat type and results were represents about an 84 percent Prairie-Chicken Working Group (Rich et not grouped by individual State. The reduction in overall occupied range al. 2004, unpaginated). Prior to the four regional groupings were the since pre-European settlement. implementation of the rangewide survey Shinnery Oak Prairie Region of eastern effort in 2012, the best available New Mexico and southwest Texas; the Rangewide Population Estimates Sand Sagebrush Prairie Region located population estimates indicate that the in southeastern Colorado, southwestern Very little information is available lesser prairie-chicken population likely Kansas, and western Oklahoma regarding the size of lesser prairie- would be approximately 45,000 birds or chicken populations prior to 1900. Once Panhandle; the Mixed Grass Prairie fewer (see Table 2). This estimate is a the five States supporting lesser prairie- Region located in the northeastern rough approximation of the maximum chickens were officially opened for Texas panhandle, northwestern population size and should not be settlement beginning in the late 1800s, Oklahoma, and south-central Kansas; settlement occurred quickly and the considered as the actual current and the Short Grass/CRP Mosaic in landscape began to change rapidly. population size. Although the estimate northwestern Kansas and eastern Numbers of lesser prairie-chickens uses the most current information Colorado. During surveys of the 264 likely changed rapidly as well. Despite available, population estimates for some blocks selected, 40 lesser prairie- the lack of conclusive information on States have not been determined in chicken leks, 6 mixed leks comprised of population size, the lesser prairie- several years and reported values may both lesser and greater prairie-chickens, chicken was reportedly quite common not represent actual population sizes. and 100 non-lek aggregations of lesser throughout its range in Colorado, For example, the values reported for prairie-chickens were observed Kansas, New Mexico, Oklahoma, and Colorado and Oklahoma were published (McDonald et al. 2012, p. 15). For this Texas in the early 20th century (Bent in 2000, and recent estimates of total particular study, an active lek was 1932, pp. 280–281, 283; Baker 1953, p. population size for these States have not defined as having five or more birds per 8; Bailey and Niedrach 1965, p. 51; been determined. The aerial surveys lek. If fewer than five individual birds Sands 1968, p. 454; Fleharty 1995, pp. conducted in 2012, as explained below, were observed, ground surveys were 38–44; Robb and Schroeder 2005, p. 13). provide the best estimate of current conducted of those bird groups to Litton (1978, p. 1) suggested that as population size. determine if lekking birds were present.

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If not, those areas were classified as birds; and the Short Grass/CRP Mosaic suggest that lesser prairie-chicken ‘‘non-leks.’’ After the survey Region—1,443 leks and 20,413 birds population trends have increased since observations were adjusted to account (McDonald et al. 2012, pp. 24, 25). In 1997. for probability of detection (standard 2013, the estimated total number of However, we are reluctant to place method used to adjust counts to account lesser prairie-chicken leks and considerable weight on this interim for individuals present but not population size, by ecoregion, are as assessment for several reasons. First, detected), 3,174 lesser prairie-chicken follows: Shinnery Oak Prairie Region— and perhaps most important, is that the leks were estimated to occur over the 118 leks and 1,967 birds; Sand analysis we were provided is a entire occupied range (McDonald et al. Sagebrush Prairie Region—323 leks and preliminary product. We anticipated 2012, p. 18). Another 441 mixed leks, 1,802 birds; Mixed Grass Prairie that a more complete, and perhaps peer- consisting of both lesser and greater Region—356 leks and 3,567 birds; and reviewed, product would be submitted prairie-chickens, were estimated to the Short Grass/CRP Mosaic Region— during the comment period on the occur within the occupied range. These 1,240 leks and 10,279 birds (McDonald proposed rule; however, we did not mixed leks were limited to the Short et al. 2012, pp. 24, 25). receive an updated assessment. Second, Grass/CRP Mosaic region where the Garton (2012, entire) used estimates of we have concerns with the differences range of the two species overlaps. Using the minimum population size derived in how lek counts are conducted and the respective average group size, by from the 2012 aerial survey (McDonald how those differences were addressed. each identified region, an estimate of et al. 2012, entire), based on estimated For example, when the States conduct the total number of lesser prairie- rates of change and thetas (index of the flush counts at the leks, all of the States, relative size of the previous year’s chickens and lesser/greater prairie- except Oklahoma, count the number of population) as described in Garton et al. chicken hybrids could be derived males flushed from the lek. However, (2011, p. 301) and past lek counts by the (McDonald et al. 2012, p. 20). The total since 1999, Oklahoma has counted all States to reconstruct historical estimated abundance of lesser prairie- birds flushed from the lek and did not population levels over time. However, chickens was 37,170 individuals, with differentiate between males and ground surveys within the sand sage the number of hybrids estimated to be females. Additionally, some of the regions yielded higher estimated 309 birds (McDonald et al. 2012, p. 21). States use numbers derived from lek minimum population size than did the The estimated total number of lesser counts conducted over large areas rather aerial survey data, and Garton used the prairie-chicken leks and population than road side surveys. We are unsure size, by habitat region, are as follows: higher ground survey results rather than that obtained from the aerial surveys in how these differences in sampling Shinnery Oak Prairie Region—428 leks methodology would influence the and 3,699 birds; Sand Sagebrush Prairie the analysis for this particular ecoregion. Based on Garton’s analysis, pooled trend information presented, Region—105 leks and 1,299 birds; particularly for large geographical areas Mixed Grass Prairie Region—877 leks lesser prairie-chicken populations generally increased during the mid- where two different sampling methods and 8,444 birds; and the Short Grass/ are used in the analysis. Third, the trend CRP Mosaic Region—1,764 leks and 1960s to early 1970s (Garton 2012, pp. 6, 11). Since the early 1970s to the mid- information presents only information 23,728 birds (McDonald et al. 2012, pp. gathered since 1997 or more recently, 20, 23). 1990s, the population experienced a long-term decline. The reconstructed without considering historical survey In 2013, the States and the Western population estimate for 1970 was almost information. The trends evident from Association of Fish and Wildlife 300,000 birds but had declined to less sampling efforts since 1997 likely reflect Agencies repeated the aerial survey and than 50,000 birds by the mid-1990s. increased sampling effort following reanalyzed the 2012 survey results Following the mid-1990s, populations publication of the Service’s 12-month based on ecoregion specific estimated appear to have stabilized somewhat but finding (63 FR 31400, June 9, 1998), and population parameters and a pooled at levels considerably below those from increased sampling effort could lead to analysis of the data for both years the 1970s through the early 1990s biased results. Furthermore, trend (McDonald et al. 2013, entire). The (Garton 2012, pp. 6–11). analyses in general are dependent upon revised total estimated abundance of In June 2012, we were provided with the timeframe chosen. The population lesser prairie-chickens in 2012 was an interim assessment of lesser prairie- reconstruction information used in 34,440 individuals (90 percent upper chicken population trends since 1997 Garton (2012, entire) shows that the and lower confidence intervals of (Hagen 2012, entire). The objective of lowest modeled abundance occurred in 52,076 and 21,718 individuals, this analysis was to provide an 1997, the starting point of Hagen’s respectively; McDonald et al. 2013, p. evaluation of recent lesser prairie- analysis. Thus, it is likely that a trend 24). The total estimated abundance of chicken population trends both analysis for a different timeframe, dating lesser prairie-chickens in 2013 dropped rangewide and within the four primary either further back or more recently than to 17,616 individuals (90 percent upper habitat types (CRP-shortgrass prairie 1997, would result in a different and lower confidence intervals of dominated landscape, mixed grass outcome. Further, Hagen’s analysis does 20,978 and 8,442 individuals, prairie landscape, sand sagebrush not consider the most recent rangewide respectively). The number of hybrids in prairie landscape, and shinnery oak aerial survey results, which were used 2012 was estimated to be 350 birds landscape) that encompass the occupied to derive a population estimate of (McDonald et al. 2013, p. 25). In 2013, range of the species. The analysis 17,616 individuals (90 percent upper the number of hybrid birds was employed modeling techniques and lower confidence intervals of estimated to be 342. The estimated total intended to provide a more unified 20,978 and 8,442 individuals, number of lesser prairie-chicken leks assessment of population trends, respectively) in 2013 (McDonald et al. and population size, by ecoregion, for considering that each State uses slightly 2013, p. 24). This represents a 2012 are as follows: Shinnery Oak different methods to monitor lesser substantial decrease in population Prairie Region—366 leks and 2,946 prairie-chickens and that sampling estimates compared to recent years and birds; Sand Sagebrush Prairie Region— effort has varied over time, with inclusion of the 2013 rangewide 327 leks and 3,005 birds; Mixed Grass sampling efforts typically increasing in population estimates would likely Prairie Region—794 leks and 8,076 recent years. The results of this analysis change Hagen’s analysis.

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In some instances, sampling agency reports, memos, and other status fewer than 1,500 breeding individuals methodology by agency likely varied documents. Population survey data are (see Table 2, above). between years during the analyzed time collected from spring lek surveys in the CPW has been monitoring leks period as access to some study areas form of one or both of the following annually since 1959, primarily by using was restricted and new areas were indices: Average lek size (i.e., number of standard survey routes (Hoffman 1963, established in their place. For example, males or total birds per lek); or density p. 729). A new survey method was in southwest Texas, two study areas of birds or leks within a given area. initiated in 2004, designed to cover a were used until 1999, when an Most typically, the data are collected much broader range of habitat types and additional sampling area in Yoakum along fixed survey routes where the a larger geographic area, particularly to County was added. Then in 2007, the number of displaying males counted is include lands enrolled in the CRP. The original Gaines County study area was assumed to be proportional to the new methodology resulted in the dropped and a new, smaller Gaines population size, or the number of leks discovery of more leks and the County study area was established to documented is assumed to be an index documented use of CRP fields by lesser replace the original study area. Similar of population size or occupied range. prairie-chickens in Colorado. In 2011, changes occurred in the northeastern These techniques are useful in CPW used aerial surveys in addition to panhandle of Texas where a new study evaluating long-term trends and the more traditional ground surveys in area in Gray County was added in 1998. determining occupancy and distribution an attempt to identify new leks in These changes in sampling location can but are very limited in their usefulness Cheyenne County (Remington 2011). confound efforts to make comparisons for reliably estimating population size Lesser prairie-chicken populations in between years. The interim assessment (Johnson and Rowland 2007, pp. 17–20). Colorado have declined steadily since does not include an explanation However, given existing constraints, 2011, likely the result of deteriorating regarding how these changes were such as available staff and funding, they habitat conditions due to prolonged addressed. provide the best opportunity to assess drought (Smith 2013, pp. 1–3). In 2013, We also recognize the limitations of lesser prairie-chicken populations. the total number of birds counted was using lek counts to derive population Although each State annually 84, down from 105 birds in 2012, and trends over large areas. The deficiencies conducts lesser prairie-chicken surveys 161 birds in 2011 (Smith 2013, pp. 2– and limitations of lek counts include according to standardized protocols, 3). The number of active leks detected that not all leks are known, making it those protocols vary by State. Thus, in 2013 was 10, down from 14 in 2012, difficult to draw a random or each State can provide information and 17 in 2011. For this study, a lek is representative sample from which to relative to lesser prairie-chicken considered active when at least three make inferences; not all known leks are numbers and trends by State, but males are observed displaying on the counted and those that are may not obtaining consistent information across lek. There were three active leks in Baca represent the full set of known leks; leks the entire range is difficult given the County, four active leks in Prowers may not be well-defined with sharply or current approach to population County, and three active leks in spatially defined boundaries; not all monitoring. However, in the absence of birds are present at a lek at any given more reliable estimators of bird density, Cheyenne County. One of the leks time, as influenced by the date, time of total counts of active leks over large detected in Cheyenne County was day, weather conditions, the presence of areas were recommended as the most considered a new lek. The number of predators, and other influences; the age reliable trend index for prairie grouse leks declined in all counties except composition of birds at a lek varies populations such as lesser prairie- Cheyenne since 2011. In 2011, there seasonally; not all birds at a lek are chickens (Cannon and Knopf 1981, p. were six active leks in Baca County, counted; and the number of times a lek 777; Hagen et al. 2004, p. 79). nine active leks in Prowers County, and is counted each year varies (Johnson Colorado—Lesser prairie-chickens two active leks in Cheyenne County and Rowland 2007, pp. 17–20). were likely resident in six counties (Verquer and Smith 2011, pp. 1–2). No Consequently, we caution against using (Baca, Bent, Cheyenne, Kiowa, Kit active leks have been detected in Kiowa available data from lek counts to derive Carson, and Prowers Counties) in County since 2008 (Verquer 2008, p. 1). rangewide population trends as these Colorado prior to European settlement Habitat provided by CRP is likely to be analyses can be misleading. However, (Giesen 2000, p. 140). At present, lesser important to persistence of lesser information on historical and recent prairie-chickens are known to occupy prairie-chickens in Colorado. lesser prairie-chicken population trends portions of Baca, Cheyenne, Prowers, The annual survey report provides over large geographical areas would and Kiowa Counties, but are not known information on the total count of lesser improve our analysis of the status of the to persist in Bent or Kit Carson prairie-chickens from 1977 to the species, and we support efforts to Counties. Present delineated range present. Since 1977, the total number of provide a reliable, accurate analysis of includes portions of eastern Lincoln birds observed during routine survey rangewide population trends, County where suitable habitat persists, efforts has varied from a high of 448 particularly if those analytical methods although breeding birds have not been birds in 1990, to a low of 74 birds in are repeatable over time and peer- documented from this county. 2007. The general population trajectory, reviewed. Populations in Kiowa and Cheyenne based on number of birds observed on Counties number fewer than 100 active leks during the breeding season is State-by-State Information on individuals and appear to be isolated declining, excluding information from Population Status from other populations in Colorado and 1992, when limited survey data were Each of the State conservation adjacent States (Giesen 2000, p. 144). collected. The number of active leks agencies within the occupied range of The lesser prairie-chicken has been remained fairly stable between 1999 and the lesser prairie-chicken provided us State-listed as threatened in Colorado 2006. During this period, the highest with information regarding the current since 1973. Colorado Department of number of active leks recorded, 34, population estimates of the lesser Wildlife (now CPW) estimated 800 to occurred in 2004 and again in 2006. The prairie-chicken within their respective 1,000 lesser prairie-chicken in the State fewest number of active leks observed States, and most of the following in 1997. Giesen (2000, p. 137) estimated occurred in 2002, when 24 leks were information was taken directly from the population size, as of 2000, to be observed. The average number of active

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leks observed between 1999 and 2006 all located south of the Arkansas River population estimates were derived using was 30.1. (Waddell and Hanzlick 1978, pp. 22– the National Gap Analysis Program, Beginning in 2007 and continuing to 23). Since 1999, biologists have where the population indices from each present, the number of active leks documented lesser prairie-chicken habitat type along 15 survey routes were observed has remained fairly stable. expansion and reoccupation of 17 extrapolated for similar habitat types Since 2007, the highest recorded counties north of the Arkansas River, throughout total occupied lesser prairie- number of active leks was 18, which primarily attributable to favorable chicken range Statewide. occurred in 2007. The fewest number of habitat conditions (e.g., native New Mexico—In the 1920s and 1930s, active leks observed was 10 recorded in grasslands) created by implementation the former range of the lesser prairie- 2013. The average number of active leks of the CRP in those counties. Currently, chicken in New Mexico was described over this period was 16.4, roughly half lesser prairie-chickens occupy as all of the sand hill rangeland of of the average number of active leks (30) approximately 34,479 sq km (13,312 sq eastern New Mexico, from Texas to observed during the period between mi) within all or portions of 35 counties Colorado, and as far west as Buchanan 1999 and 2006. Drought conditions in western Kansas. Greater prairie- in DeBaca County. Ligon (1927, pp. observed in 2006, followed by severe chickens in Kansas also have expanded 123–127) mapped the breeding range at winter weather, probably account for their range, and, as a result, mixed leks that time as encompassing portions of the decline in the number of lesser of both lesser prairie-chickens and seven counties, a small subset of what prairie-chickens observed in 2007 greater prairie-chickens occur within an he described as former range. Ligon (Verquer 2007, pp. 2–3). In the winter of overlap zone covering portions of 7 (1927, pp. 123–127) depicted the 2006–2007, heavy snowfall severely counties (2,500 sq km (965 sq mi)) in historical range in New Mexico as reduced food and cover in Prowers, western Kansas (Bain and Farley 2002, encompassing all or portions of 12 southern Kiowa, and most of Baca p. 684). Within this zone, apparent counties. In the 1950s and 1960s, Counties for over 60 days. Then, in the hybridization between lesser prairie- occupied range was more extensive than spring of 2008, nesting and brood chickens and greater prairie-chickens is the known occupied range in 1927 rearing conditions were unfavorable due now evident (Bain and Farley 2002, p. (Davis 2005, p. 6), indicating to drought conditions in southeastern 684). Three survey routes (162.65 sq km, reoccupation of some areas since the Colorado (Verquer 2009, p. 5). 62.8 sq mi) used by KDWPT are located late 1920s. Presently, the NMDGF As a complement to, and included within this overlap zone. Although reports that lesser prairie-chickens are within, CPW surveys, counts are hybrid individuals are included in the known from six counties (Chaves, completed on the USFS Comanche counts, the number of hybrids observed Curry, DeBaca, Lea, Roosevelt, and National Grassland in Baca County. On is typically less than 5 percent of the Quay Counties) and suspected from one the Comanche National Grassland, the total number of individual birds additional county (Eddy County). The estimated area occupied by the lesser observed on the surveyed areas occupied range of the lesser prairie- prairie-chicken over the past 20 years annually. In 2013, seven hybrid chicken in New Mexico is was approximately 27,373 ha (65,168 individuals, representing 3 percent of conservatively estimated to encompass ac) (Augustine 2005, p. 2). Surveys the birds observed, were detected approximately 5,698 sq km (2,200 sq mi) conducted during 1984 to 2005 (Pitman 2013, p.10). These hybrids were (Davis 2006, p. 7) compared with its identified 53 different leks on or detected on survey routes in Gove, Ness, historical range of 22,390 sq km (8,645 immediately adjacent to USFS lands. and Logan counties. sq mi). Based on the cooperative Under this survey methodology, leks Since inception of standard lesser mapping efforts conducted by the Playa were identified based on the presence of prairie-chicken survey routes in 1967, Lakes Joint Venture and the Lesser at least three birds on the lek. Lek the number of standard survey routes Prairie-Chicken Interstate Working censuses conducted from 1980 to 2005 has gradually increased. The number of Group, occupied range in New Mexico showed the number of males counted standard routes currently surveyed in was estimated to be 8,570 sq km (3,309 per lek since 1989 has steadily declined Kansas for lesser prairie-chickens is 14, sq mi), considerably larger than the (Augustine 2006, p. 4). The and encompasses an area of 679.3 sq km conservative estimate used by Davis corresponding population estimate, (262.3 sq mi). Flush counts are taken (2006, p. 7). One possible reason for the based on number of males observed at twice at each lek located during the difference in occupied range is that leks, on the Comanche National standard survey routes. An estimated Davis (2006, p. 7) did not consider the Grassland was highest in 1988, with 348 population density is calculated for known distribution to encompass any birds, and was lowest in 2005, with each route by taking the higher of the portion of Eddy County or southern Lea approximately 64 birds and only 8 two flush counts, doubling that count County. Approximately 59 percent of active leks (Augustine 2006, p. 4). The primarily to account for females, and the historical lesser prairie-chicken estimate of males per lek in 2005 then dividing the estimated number of range in New Mexico is privately held, declined more than 80 percent from that birds by the total area surveyed per with the remaining historical and of 1988, from 174 males per lek to 32 route. The current Statewide trend in occupied range occurring on lands males per lek, respectively. In 2009, lesser prairie-chicken abundance managed by the BLM, USFS, and New each historical lek was surveyed 2 to 3 between 2004 and 2013 indicates a Mexico State Land Office (Davis 2005, times, and 4 active leks were observed declining population (Pitman 2013, p. p. 12). (Shively 2009b, p. 1). A high count of 15). The KDWPT reported that recent In the 1950s, the lesser prairie- 25 males was observed using these four declines are largely due to severe chicken population in New Mexico was leks. In the spring of 2008, five active drought, which negatively impacted estimated at 40,000 to 50,000 leks and 34 birds were observed habitat quality, and not to significant individuals, but, by 1968, the (Shively 2009a, p. 3). habitat loss (Pitman 2013, p. 15). population had declined to an estimated Kansas—In the early part of the last In 2006, KDWPT estimated the 8,000 to 10,000 individuals (Sands century, the lesser prairie-chicken’s breeding population of lesser prairie- 1968, p. 456). Johnsgard (2002, p. 51) historical range included all or part of chickens in the State to be between estimated the number of lesser prairie- 38 counties, but by 1977, the species 19,700 and 31,100 individuals (Rodgers chickens in New Mexico at fewer than was known to exist in only 17 counties, 2007a, p. 1). The total breeding 1,000 individuals by 2001. Similarly,

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the Sutton Center estimated the New Mexico occurs primarily on BLM land. birds in 2000. A more recent estimate Mexico lesser prairie-chicken Snyder (1967, p. 121) suggested that this has not been conducted. population to number between 1,500 region is only marginally populated The ODWC is aware of 96 known and 3,000 individuals, based on except during favorable climatic historical and currently active leks in observations made over a 7-year period periods. Best et al. (2003, pp. 225, 232) Oklahoma. During the mid-1990s, all of from the late 1990s to mid-2000s (Wolfe concluded anthropogenic factors these leks were active. Systematic 2007, pers. comm.). Using lek survey including, but not limited to, survey efforts to document the current data, NMDGF currently estimates the incompatible livestock grazing, habitat number of active leks over the occupied Statewide lesser prairie-chicken conversion, and shrub control have, in range were completed in 2011. About population in 2013 to be about 1,705 part, rendered lesser prairie-chicken 220 survey routes were conducted over birds (Beauprez 2013, p. 6). This is the habitat south of U.S. Highway 380 11 counties in northwestern Oklahoma lowest estimated spring breeding inhospitable for long-term survival of (Larsson et al. 2012, p. 1). In total, 72 population observed since 2001 and lesser prairie-chickens in southeastern active leks were detected. No leks were represents a 72 percent decline in New Mexico. Similarly, NMDGF detected in either Cimarron or Beckham estimated population size since 2011 suggests that habitat quality likely limits Counties. (Beauprez 2013, pp. 16–17). The total recovery of populations in southeastern The number of roadside listening number of leks detected in 2013 also New Mexico (Beauprez 2009, p. 13). routes currently surveyed annually in was the lowest on record (Beauprez The New Mexico State Game Oklahoma has varied from five to seven 2013, p. 16). Longer term trends are not Commission owns and manages 30 over the last 20 years, and counts of the available as roadside listening routes Prairie Chicken Areas ranging in size number of males per lek have been did not become established until 1998. from 10.5 to 3,171 ha (29 to 7,800 ac) conducted since 1968. Beginning with Prior to that date, counts were within the core of occupied range in the 2002 survey, male counts at leks conducted on some of the NMDGF east central New Mexico. These Prairie were replaced with flush counts, which Prairie Chicken Areas or on lands under Chicken Areas total approximately 109 did not differentiate between the sexes the jurisdiction of the BLM. The current sq km (42 sq mi), or roughly 1.6 percent of birds flushed from the surveyed lek roadside survey uses 29 standard routes of the total occupied lesser prairie- (ODWC 2007, pp. 2, 6). Comparing the established since 1999, 10 additional chicken range in New Mexico. Instead total number of males observed during routes established in 2003 within the of the typical roadside counts, the survey efforts between the years 1977 northeastern part of lesser prairie- NMDGF conducts ‘‘saturation’’ surveys through 2001 reveals a declining trend. chicken historical range, and 41 routes on each individual Prairie Chicken Area However, the overall density of leks randomly selected from within the 382 to determine the presence of lesser (number per sq mi), another means of townships located within the survey prairie-chicken leks and individual evaluating population status of lesser boundary. The NMGF reported that birds over the entire Prairie Chicken prairie-chickens, for five of the standard population declines observed since Area (Beauprez 2013, p. 8). Lands routes since 1985 is stable to slightly 2011 are believed to be at least partially adjacent to the Prairie Chicken Areas are declining. Information on lek density attributed to poor nesting and brood included within these surveys, prior to 1985 was unavailable. The rearing habitat due to the persistent including other State Trust Lands, some standard route in Roger Mills County drought (Beauprez 2013, p. 17). adjacent BLM lands, and adjacent was not included in this analysis Since initiating the 10 additional private lands. The results of these because the lek was rarely active and northeastern routes in 2003, NMDGF saturation counts are included in their has not been surveyed since 1994. A reports that no leks have been detected estimate of the spring breeding survey route in Woods County was in northeastern New Mexico. Results population size. The Prairie Chicken included in the analysis even though provide strong evidence that lesser Areas are important to persistence of the surveys on this route did not begin until prairie-chickens no longer occupy their lesser prairie-chicken in New Mexico. 2001. However, excluding the Woods historical range within Union, Harding, However, considering the overall extent County route did not alter the apparent and portions of northern Quay Counties of the Prairie Chicken Areas and that trend. The average lek density since (Beauprez 2009, p. 8). However, a many Prairie Chicken Areas are small 2001 is 0.068 leks per sq mi (Schoeling solitary male lesser prairie-chicken was and isolated, continued management of 2010, p. 3). Between 1985 and 2000, the observed and photographed in the surrounding private, Federal and average lek density was 0.185 leks per northeastern New Mexico by a local trust lands is integral to viability of the sq mi, when the route in Roger Mills wildlife law enforcement agent in lesser prairie-chicken in New Mexico. County is excluded from the analysis. December 2007. Habitat in northeastern Oklahoma—Lesser prairie-chickens Over the last 10 years, the density of New Mexico appears capable of historically occurred in 22 Oklahoma active leks has varied from a low of 0.02 supporting lesser prairie-chickens, but counties. By 1961, Copelin (1963, p. 53) leks per sq km (0.05 leks per sq mi) in the lack of any known leks in this region reported lesser prairie-chickens from 2004, 2006, and 2009, to a high of 0.03 since 2003 suggests that lesser prairie- only 12 counties. By 1979, lesser leks per sq km (0.09 leks per sq mi) in chicken populations in northeastern prairie-chickens were verified in eight 2005 and 2007 (Schoeling 2010, p. 3). New Mexico, if still present, are very counties, and the remaining population Texas—Systematic surveys to identify small. fragments encompassed an estimated Texas counties inhabited by lesser The core of occupied lesser prairie- area totaling 2,792 sq km (1,078 sq mi), prairie-chickens began in 1940 (Henika chicken range in this State lies in east- a decrease of approximately 72 percent 1940, p. 4). From the early 1940s central New Mexico (Chaves, Curry, since 1944. At present, the ODWC (Henika 1940, p. 15; Sullivan et al. DeBaca, Lea, and Roosevelt Counties). reports lesser prairie-chickens continue 2000) to mid-1940s (Litton 1978, pp. Populations in southeastern New to persist in eight counties with an 11–12), to the early 1950s (Seyffert Mexico, defined as the area south of estimated occupied range of 2001, pp. 108–112), the range of the U.S. Highway 380, remain low and approximately 950 sq km (367 sq mi). lesser prairie-chicken in Texas was continue to decline. The majority of Horton (2000, p. 189) estimated the estimated to encompass all or portions historically occupied lesser prairie- entire Oklahoma lesser prairie-chicken of 34 counties. Species experts chicken habitat in southeastern New population numbered fewer than 3,000 considered the occupied range at that

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time to be a reduction from the aerial surveys to estimate the density of An examination of anecdotal presettlement range. By 1989, TPWD lesser prairie-chicken leks and information on historical numbers of estimated occupied range encompassed Statewide abundance of lesser prairie- lesser prairie-chickens indicates that all or portions of only 12 counties chickens in Texas. This study numbers likely have declined from (Sullivan et al. 2000, p. 179). In 2005, conducted an inventory of 208 survey possibly millions of birds to current TPWD reported that the number of blocks measuring 7.2 by 7.2 km (4.5 by estimates of thousands of birds. occupied counties likely has not 4.5 mi), encompassing some 87 percent Examination of the trends in the five changed since the 1989 estimate. In of the occupied range in Texas during lesser prairie-chicken States for most March 2007, TPWD reported that lesser the spring of 2010 and 2011 (Timmer indicator variables, such as males per prairie-chickens were confirmed from 2012, pp. 26–27, 33). Timmer (2012, p. lek and lek density, over the last 3 years portions of 13 counties (Ochiltree, 34) estimated 2.0 leks per 100 sq km shows the trends are indicative of Lipscomb, Roberts, Hemphill, Gray, (0.02 leks per sq km). Previously declining populations. Much of these Wheeler, Donley, Bailey, Lamb, reported estimates of rangewide average recent declines are due, at least in part, Cochran, Hockley, Yoakum, and Terry lek density varied from 0.10 to 0.43 leks to habitat degradation resulting from Counties) and suspected in portions of per sq km (Davison 1940; Sell 1979; incidence of severe drought over much another 8 counties (Moore, Carson, Giesen 1991; Locke 1992 as cited in of the occupied range. Habitat Oldham, Deaf Smith, Randall, Swisher, Hagen and Giesen 2005, unpaginated). conditions may improve with the return Gaines, and Andrews Counties). The total estimate of the number of leks of more normal precipitation patterns in Based on aerial and road surveys was 293.6 and, based on the estimated the near future. However, the numbers conducted in 2010 and 2011, new leks number of birds observed using leks, the of lesser prairie-chickens reported per were detected in Bailey, Cochran, statewide population was determined to lek are considerably fewer than the Ochiltree, Roberts, and Yoakum be 1,822.4 lesser prairie-chickens numbers reported during the 1970s. Counties, expanding the estimated (Timmer 2012, p. 34). While habitat conditions may improve occupied ranges in those counties Lesser prairie-chicken population in the future, the low lek attendance (TPWD 2011). However, no lesser trends in Texas, based on annual observed at many leks is likely due to prairie-chickens were detected in monitoring efforts, have been declining longer term reductions in population Andrews, Carson, Deaf Smith, Oldham, over the last 15 years (1997–2012), with size. It is unlikely that populations will or Randall Counties. Active leks were the exception of the Bailey County recover to historical levels observed just reported from the same 13 counties Study Area (Martin 2013, p. 9). However 40 years ago, particularly when identified in 2007. However, in 2012, the Bailey County Study Area has not considered in light of the loss and Timmer (2012, pp. 36, 125–131) alteration, including fragmentation, of been surveyed since 2007, so recent observed lesser prairie-chickens in only lesser prairie-chicken habitat trend information from this area is 12 counties: Bailey, Cochran, Deaf throughout its historical range over the unavailable. Since 2010, the overall Smith, Donley, Gray, Hemphill, past several decades. Information average number of males per lek have Lipscomb, Ochiltree, Roberts, Terry, regarding habitat loss and declined, but the density of leks Wheeler, and Yoakum. Lesser prairie- fragmentation, as well as other factors, (number per square mile) has remained chicken populations in Texas primarily impacting the lesser prairie-chicken is fairly constant (Martin 2013, p. 11). persist in two disjunctive regions—the provided in the sections that follow. Permian Basin/Western Panhandle Summary of Population Status Summary of Factors Affecting the region and the Northeastern Panhandle Information region. Species Maximum occupied range in Texas, as Lesser prairie-chicken populations are The Act defines an endangered of September 2007, was estimated to be distributed over a relatively large area, species as any species that is ‘‘in danger 12,787 sq km (4,937.1 sq mi), based on and these populations can fluctuate of extinction throughout all or a habitat conditions in 20 panhandle considerably from year to year, a natural significant portion of its range’’ and a counties (Davis et al. 2008, p. 23). response to variable weather and habitat threatened species as any species ‘‘that Conservatively, based on those portions conditions. Changes in lesser prairie- is likely to become endangered of the 13 counties where lesser prairie- chicken breeding populations may be throughout all or a significant portion of chickens are known to persist, the area indicated by a change in the number of its range within the foreseeable future.’’ occupied by lesser prairie-chickens in birds attending a lek (lek size), the Thus, a species may be listed as a Texas is 7,234.2 sq km (2,793.1 sq mi). number of active leks, or both. Although threatened species if it is likely to Using an estimated mean density of each State conducts standard surveys qualify for endangered status in the 0.0088 lesser prairie-chickens per ac for lesser prairie-chickens, the foreseeable future, or in other words, (range 0.0034–0.0135 lesser prairie- application of survey methods and effort likely to become ‘‘in danger of chickens per ac), the Texas population varies by State. Such factors complicate extinction’’ within the foreseeable was estimated at a mean of 15,730 interpretation of population indices for future. The Act does not define the term individuals in the 13 counties where the lesser prairie-chicken and may not ‘‘foreseeable future.’’ However, in a lesser prairie-chickens are known to reliably represent actual populations. January 16, 2009, memorandum occur (Davis et al. 2008, p. 24). Caution should be used in evaluating addressed to the Acting Director of the Since 2007, Texas has been evaluating population trajectories, particularly Service, the Office of the Solicitor, the usefulness of aerial surveys as a short-term trends. In some instances, Department of the Interior, concluded, means of detecting leks and counting short-term analyses could reveal ‘‘. . . as used in the [Act], Congress the number of birds attending the statistically significant changes from intended the term ‘foreseeable future’ to identified lek (McRoberts 2009, pp. 9– one year to the next but actually describe the extent to which the 10). Initial efforts focused on measuring represent a stable population when Secretary can reasonably rely on lek detectability and assessing the evaluated over longer periods of time. predictions about the future in making response of lekking birds to disturbance For example, increased attendance of determinations about the future from survey aircraft. More recently, males at leks may be evident while the conservation status of the species’’ (M– scientists at Texas Tech University used number of active leks actually declined. 37021, January 16, 2009).

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In considering the foreseeable future vertical structures that increase inadequately sized parcels, is minimal as it relates to the status of the lesser predation risk, make it especially (Herkert 1994, p. 467). In essence, once prairie-chicken, we considered the vulnerable to ongoing impacts on the a block of suitable habitat becomes so factors acting on the species and looked landscape, especially at its currently fragmented that the size of the to see if reliable predictions about the reduced numbers. The total estimated remaining patches become biologically status of the species in response to those population abundance in 2013 dropped unsuitable, the continued loss of these factors could be drawn. We considered to 17,616 individuals (90 percent upper smaller, suitable patches, is of little the historical data to identify any and lower confidence intervals of further consequence to the species relevant existing trends that might allow 20,978 and 8,442 individuals, (Bender et al. 1998, p. 525). for reliable prediction of the future (in respectively) from 34,440 individuals Both habitat loss and fragmentation the form of extrapolating the trends). We (90 percent upper and lower confidence correlate with an ecological concept also considered whether we could intervals of 52,076 and 21,718 known as carrying capacity. Within any reliably predict any future events that individuals, respectively) in 2012 given block or patch of habitat, carrying might affect the status of the species, (McDonald et al. 2013, p. 24). Finally, capacity is the maximum number of recognizing that our ability to make the species has a reduced population organisms that can be supported reliable predictions into the future is size and faces ongoing habitat loss and indefinitely within that area, provided limited by the variable quantity and degradation. The species will lack sufficient food, space, water, and other quality of available data. sufficient redundancy and resiliency to necessities are available, without Under section 4(a)(1) of the Act, we ensure its viability from present and causing degradation of the habitat determine whether a species is an future threats. While the current status within that patch. Theoretically, as endangered or threatened species of the lesser prairie-chicken has been habitat loss increases and the size of an because of any of the following five substantially compromised by historical area shrinks, the maximum number of factors: (A) The present or threatened and current threats, there appear to be individuals that could inhabit that destruction, modification, or sufficient stable populations to ensure particular habitat patch also would curtailment of its habitat or range; (B) the persistence of the species over the decline. Consequently, a reduction in overutilization for commercial, near term. That is, the Service does not the total area of available habitat can recreational, scientific, or educational believe the species is currently at risk of negatively influence biologically purposes; (C) disease or predation; (D) extinction. However, as a result of important characteristics such as the the inadequacy of existing regulatory continued population declines amount of space available for mechanisms; and (E) other natural or predicted into the future, the species is establishing territories and nest sites manmade factors affecting its continued likely to become in danger of extinction (Fahrig 1997, p. 603). Over time, the existence. Listing actions may be in the foreseeable future. continued conversion and loss of habitat warranted based on any of the above Following, we present our analysis of to other land uses will reduce the ability threat factors, singly or in combination. the best available scientific and of the land to support historical After a review of the best available commercial data that has led to this population levels, causing a decline in scientific information as it relates to the conclusion. population sizes. Where the ability to status of the species and the five listing effect restoration of these habitats is Habitat Fragmentation factors described above, we have lost, the observed reduction in fish or determined that the lesser prairie- Spatial habitat fragmentation occurs wildlife populations is likely to be chicken meets the definition of a when some form of disturbance, usually permanent. threatened species (i.e., is likely to habitat alteration or loss, results in the Fragmentation not only contributes to become in danger of extinction in the separation or splitting apart of larger, overall habitat loss but also causes a foreseeable future throughout all or a previously contiguous, functional reduction in the size of individual significant portion of its range). components of habitat into smaller, habitat patches and influences the Following, we present a very brief often less valuable, noncontiguous proximity of these patches to other explanation of the rationale leading to parcels (Wilcove et al. 1986, p. 237; patches of similar habitat (Stephens et this conclusion followed by an in-depth Johnson and Igl 2001, p. 25; Franklin et al. 2003, p. 101; Fletcher 2005, p. 342). discussion of the best available al. 2002, entire). Fragmentation Habitat quality for many species is a scientific information. influences habitat availability and function of fragment size and declines The range of the lesser prairie-chicken quality in three primary ways: Total as the size of the fragment decreases has been reduced by an estimated 84 area of available habitat; size of habitat (Franklin et al. 2002, p. 23). Fahrig and percent (see discussion above in patches, including edge effects; and Merriam (1994, p. 53) reported that both ‘‘Current Range and Distribution’’). The patch isolation (Johnson and Igl 2001, p. the size and shape of the fragment have primary factor responsible for the range 25; Stephens et al. 2003, p. 101). been shown to influence population reduction is habitat fragmentation due Initially, reduction in the total area of persistence in many species. The size of to a variety of mechanisms that available habitat (i.e., habitat loss) may the fragment can influence reproductive contribute to habitat loss and alteration. be more significant than fragmentation success, survival, and movements. As This habitat loss significantly increases and can exert a much greater effect of the distance between habitat fragments the extinction risk for the lesser prairie- extinction (Fahrig (1997, pp. 607, 609). increases, dispersal between the habitat chicken because the species requires However, as habitat loss continues, the patches may become increasingly large parcels of intact native grassland effects of fragmentation often compound limited and ultimately cease, impacting and shrubland, often in excess of 8,100 effects of habitat loss and produce even population persistence and potentially ha (20,000 ac) to maintain self- greater population declines than habitat leading to both localized and regional sustaining populations (Woodward et loss alone (Bender et al. 1998, pp. 517– extinctions (Harrison and Bruna 1999, al. 2001, p. 261; Flock 2002, p. 130; 518, 525). At the point where some or p. 226; With et al. 2008, p. 3153). Fuhlendorf et al. 2002a, p. 618; Davis all of the remaining habitat fragments or The proportion of habitat edge to 2005, p. 3). Further, the life history of patches are below some minimum interior habitat increases as the size of the species, primarily its lek breeding required size, the impact of additional a fragment declines. The edge is the system and behavioral avoidance of habitat loss, when it consists of transition zone between the original

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habitat type and the adjacent altered areas of short grass and bare ground many species is unknown. The habitat. In contrast, the core is the area used for breeding, support all of the rangewide plan (Van Pelt et al. 2013, p. within a fragment that remains intact habitat types used by lesser prairie- 77), delineates connectivity zones based and is largely or completely chickens throughout the year. on criteria that provide a foundation uninfluenced by the margin or edge of Considering habitat diversity tends to be upon which to base suitable dispersal the fragment. Edge habitat proliferates greater in larger patches, finding the corridors for the lesser prairie-chicken. with increasing fragmentation (Sisk and appropriate mosaic of these features is Suitable dispersal corridors should Battin 2002, p. 31). The response of more likely in larger fragments rather contain at least 40 percent good to high individual species to the presence of than smaller fragments (Helzer and quality habitat, be at least 8 km (5 mi) edges varies markedly depending on Jelinski 1999, p. 1456). wide and contain few, if any, features, their tolerance to the edge and the Such habitat heterogeneity is very such as roads or transmission lines, that nature of its effects (Sisk and Battin different from habitat fragmentation. function as barriers to movement. 2002, p. 38). The effects often depend Habitat fragmentation occurs when the Additionally, suitable habitat patches on the degree of contrast between the matrix separating the resulting within a corridor should be separated by habitat edge and the adjacent land use fragments is converted to a use that is no more than 3.2 km (2 mi). In the matrix. The transition can be abrupt or not considered habitat whereas habitat absence of specific studies that define something more gradual and less harsh. heterogeneity implies that patches each suitable dispersal corridors, the criteria Most typically, edges to influence having different vegetative structure provided in the rangewide plan (Van movements and survival, particularly exist within the same contiguous block Pelt et al. 2013, p. 77) provide suitable for species that use interior or core of habitat. Habitat heterogeneity may guidelines that can be used to facilitate habitats, serve as points of entry for influence habitat quality, but it does not development of appropriate dispersal parasites and predators (such as represent fragmentation (Franklin et al. corridors. presence of fences adjacent to 2002, p. 23). Isolation is another factor that Causes of Habitat Fragmentation Within grasslands which provide hunting Lesser Prairie-Chicken Range perches for avian predators), alter influences suitability of habitat microclimates, subsidize feeding fragments. As habitat loss continues to A number of factors can cause or opportunities (such as providing access progress over time, the remnants not contribute to habitat fragmentation. to waste grains in cropland areas), and only become smaller and more Generally, fragmentation can result from the direct loss or alteration of habitat influence species interactions, fragmented, they become more isolated due to conversion to other land uses or particularly with cosmopolitan species from each other. When habitat patches from habitat alteration which indirectly that tend to be habitat generalists (Sisk become more isolated and the amount of unusable, unsuitable land use leaves the habitat in such a condition and Battin 2002, p. 38). surrounding the islands of habitat that the remaining habitat no longer Fragmentation also can influence the increases, even patches of suitable functionally provides the preferred life- heterogeneity or variation within the quality and size may no longer be history requisites needed to support resulting fragment. Heterogeneity, in occupied. As fragmentation progresses, breeding or feeding or to provide turn, influences the quality of the the ability of available dispersers to shelter. Functional habitat impacts can habitat within the fragment, with more locate suitable fragments will decline. include disturbances that alter the homogeneous fragments generally being At some point, the amount of existing successional state of a given less valuable. Grasslands tend to be intervening unusable and unsuitable area, create a physical barrier that structurally simple and have little land comprising the matrix between the precludes use of otherwise suitable vertical layering. Instead, habitat patches grows so wide that it exceeds areas, or triggers a behavioral response heterogeneity tends to be largely the organism’s dispersal capabilities, by the organism such that otherwise expressed horizontally rather than rendering the matrix impermeable to suitable habitats are abandoned or no vertically (Wiens 1974b, pp. 195–196). dispersal. In such instances, colonizers longer used. Fragmentation tends to be Prior to European settlement, the are unavailable to occupy the otherwise most significant when human interaction of grazing by wild ungulates, suitable habitat and reestablish developments are dispersed across the drought and fire created a shifting connectivity. While extinctions at the landscape rather than being mosaic of vegetative patches having local level, and subsequent concentrated in fewer areas. various composition and structure recolonization of the vacant patch, are Anthropogenic causes of fragmentation (Derner et al. 2009, p. 112; Pillsbury et common phenomena, recolonization tend to be more significant than natural al. 2011, p. 2). Under these conditions, depends on the availability of causes because the organism has likely many grassland birds distribute their dispersing individuals and their ability evolved in concert with the natural behavioral activities unevenly to disperse within the broader causes. throughout their territories by nesting in landscape (Fahrig and Merriam 1994, p. Initially, settlement and associated one area, displaying in another, and 52). Without available dispersing land use changes had the greatest foraging in still others (Wiens 1974b, p. individuals with the ability to disperse, influence on fragmentation in the Great 208). Lesser prairie-chickens exhibit this these isolated patches may remain Plains. Knopf (1994, p. 249) identified pattern and cue on specific vegetation vacant indefinitely. When the number of four universal changes that occurred in structure and microenvironment individuals at the landscape or regional Great Plains grasslands postsettlement, features depending on the specific level that are available to disperse based on an evaluation of observations phase of their life cycle. Consequently, declines, the overall population begins made by early explorers. These changes blocks of habitat that collectively or to decline and will, in turn, affect the were identified as a change in the native individually encompass multiple number of individuals available to grazing community, cultivation, successional states that comprise tall disperse. Connectivity between habitat wetland conversion, and encroachment grasses and shrubs needed for nesting, patches is one means of facilitating of woody vegetation. and are in proximity to more open dispersal, but the appropriate size or EuroAmerican settlement of much of grasslands supporting forbs for brood configuration of the dispersal corridors the Great Plains began in earnest with rearing, and are combined with smaller needed to facilitate connectivity for passage of the Homestead Act of 1862.

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Samson et al. (2004, p. 7) estimated that Economic Research Service (2013). range, projected population size was about 1.5 million people acquired over Population size in each of the five States predicted to decline in two counties and 800,000 sq km (309,000 sq mi) of land has grown since 1980. The percent increase in two counties. The overall net through the Homestead Act, mostly population growth since 2010 varies gain in human population size within within the Great Plains region. from a low of 1.1 percent in Kansas to the estimated occupied range in Continued settlement and agricultural a high of 3.6 percent in Texas. Colorado by 2060 was 280 individuals. development of the Great Plains during Examination of growth in human In the Kansas historical range, 29 the late 1800s and early 1900s, populations within rural areas reveals counties were projected to experience a facilitated by railroad routes and cattle that rural populations also have grown decline in human population while the and wagon trails, contributed to in every State except Kansas since 1980. remaining 13 counties were expected to conversion and fragmentation of once In Kansas, rural population size during see an increase in population. The open native prairies into an assortment this period peaked in 1980. overall net gain in population size over of varied land uses and habitat types Human population trends within the the 50 year period in the 29 counties such as cultivated cropland, expanding counties that encompass the estimated within the Kansas historical range was cedar woodlands, and remnants of occupied range of the lesser prairie- 22,376 individuals. Within just the grassland (NRCS 1999, p. 1; Coppedge et chicken were inconsistent and varied counties located within the estimated al. 2001, p. 47; Brennan and Kuvlesky considerably across the range. For occupied range, projected population 2005, pp. 2–3). This initial settlement example, in Colorado since 2010, size was predicted to decline in 24 altered the physical characteristics of human populations declined by about 1 counties and increase in 11 counties. the Great Plains and the biodiversity percent in both Baca and Prowers The overall net gain in human found in the prairies (Samson et al. counties but populations in both population size within the Kansas 2004, p. 7). Changes in agricultural Cheyenne and Kiowa counties grew by portion of the estimated occupied range practices and advancement of modern at least 2.1 percent. However, since by 2060 was 39,190 individuals. machinery combined with an increasing 1990, populations in all four counties In Oklahoma, similar trends for both demand for agricultural products have declined. Similar trends were the historical and estimated occupied continued to spur conversion of native observed in Oklahoma with five ranges were predicted. Nineteen prairies well into the mid-1900s (NRCS counties having a declining population counties within the historical range 1999a, p. 2). Increasing human and four showing increasing human were projected to experience a decline population densities in rural areas of the populations since 2010. But unlike in human population. The overall net Great Plains led to construction of Colorado, three counties within the gain in population size over the 50 year housing developments as growing cities estimated occupied range in Oklahoma period within the estimated historical began to expand into the surrounding have increased in population size since range was 85,310 individuals. Within suburban landscapes. Development and 1990. In New Mexico, most, but not all, the nine counties that comprise the intensification of unsuitable land uses of the counties within the estimated estimated occupied range, projected in these urbanizing landscapes also occupied range of the lesser prairie- population size was predicted to decline contributed to conversion and chicken have increased since 1990. in seven counties and increase in two fragmentation of grasslands, further We used projections of human counties. The overall net gain in human reducing richness and abundance of population growth, based on U.S. population size within the Oklahoma avian populations (Perlut et al. 2008, p. Census Bureau data, developed by the estimated occupied range by 2060 was 3149; Hansen et al. 2011, p. 826). See U.S. Forest Service for their Forest and 5,830 individuals. additional discussions related to Rangeland Renewable Resources In Texas, where the largest extent of population growth and settlement Planning Act of 1974 (RPA) Assessment historical range occurs, human below. to forecast how human populations population growth was projected to be Oil and gas development began within the estimated historical and larger than those projected in the during the mid to late 1800s. occupied ranges of the lesser prairie- previous three States. Within the Eventually, invention of the automobile chicken would change into the future. historical range, 43 counties were in the early twentieth century and its The USFS used a medium population projected to experience a decline in rise to prominence as the primary mode growth scenario, taking the implications human population while the remaining of personal transportation stimulated of climate change into consideration, to 51 counties were projected to see an increased exploration and development predict how human populations increase in population. The overall net of oil and gas (Hymel and Wolfsong nationwide would change between 2010 gain in population size over the 50 year 2006, p. 4). Habitat loss and and 2060 (U.S. Forest Service 2012, period in the counties within the fragmentation associated with access entire). Using the counties encompassed estimated historical range was 368,770 roads, drill pads, pipelines, waste pits, within the historical and estimated individuals. Within the estimated and other components typically occupied range, we were able to occupied range of Texas, human connected with exploration and determine, by range within the populations were projected to decline in extraction of oil and gas are considered respective States, how human 12 counties and increase in eight to be among the most significant populations would be projected to counties. The overall net gain in human ecological impacts from oil and gas change by 2060. population size within the estimated development and the impacts often In Colorado within the historical occupied range by 2060 was 61,780 extend beyond the actual physical range, two of the six counties were individuals. structures (Weller et al. 2002, p. 2). See projected to experience a decline in Population growth in New Mexico is the section on energy development human population while the remaining expected to be more substantial than in below for related discussion. four counties were expected to see an the other States. Within the historical Information on human population increase in human population growth range, only two counties were projected size and growth in the five lesser rate. The overall net gain in population to experience a decline in human prairie-chicken States is collected by the size over the 50 year period was 3,490 population while the remaining nine U.S. Census Bureau, and recent trends individuals. Within the four counties counties were projected see an increase have been reported by the USDA located within the estimated occupied in population. The overall net gain in

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human population size over the 50 year As human populations, as projected, Encroachment by Invasive, Woody period in the counties within the continue to expand, particularly into Plants’’ below, encroachment of trees estimated historical range was estimated rural regions outside of existing urban into native grasslands preferred by to be 89,380 individuals. Within the and suburban areas, an increasing array lesser prairie-chickens ultimately counties located within the estimated of human features such as powerlines, renders otherwise suitable habitat occupied range, projected population highways, secondary roads, unsuitable unless steps are taken to size was predicted to decline in one communication towers, and other types remove these trees. Even placement of county and increase in six counties. The of infrastructure necessary to support cut trees in a pattern that resembled a projected overall net gain in human these human populations are expected wind break were observed to cause an population size within the New Mexico to appear on the landscape (Leu et al. avoidance response. Anderson (1969, portion of the estimated occupied range 2008, p. 1119). We believe this pp. 640–641) observed that greater by 2060 was 81,690 individuals. infrastructure tends to remain in place prairie-chickens abandoned lek Overall, within the historical range even if human populations decline after territories when a 4-m (13-ft) tall human population growth is projected initial expansion. Often these coniferous wind break was artificially to experience a net increase in human developments can degrade ecosystem erected 52 m (170 ft) from an active lek. population by 2060 of about 569,326 functions and lead to fragmentation Increasingly, man-made vertical individuals or 1.2 individuals per sq km even when the overall development structures are appearing in landscapes (3.2 per sq mi). The estimated occupied footprint is relatively small. used by lesser prairie-chickens. The range is projected to experience a net Natural vertical features, such as trees placement of these vertical structures in increase in human population by 2060 and man-made, above ground vertical open grasslands represents a significant of about 188,770 individuals or 2.3 structures such as power poles, fence change in the species’ environment and individuals per sq km (6.04 per sq mi). posts, oil and gas wells, towers, and is a relatively new phenomenon over Human population density, based on similar developments can cause general the evolutionary history of this species. the projected population growth, within habitat avoidance and displacement in The effects of these structures on the life the estimated occupied range is lesser prairie-chickens and other prairie history of prairie grouse are only projected to increase by almost double grouse (Anderson 1969, entire; Robel beginning to be evaluated, with similar that of the entire historical range. 2002, entire; Robel et al. 2004, entire; avoidance behaviors also having been As human populations continue to Hagen et al. 2004, entire; Pitman et al. observed in sage grouse (75 FR 13910, expand, as projected, the growth is 2005, entire; Pruett et al. 2009a, entire; March 23, 2010). expected to alter the landscape by Hagen et al. 2011, entire; Hovick et al. Robel (2002, p. 23) reported that a modifying land use patterns much like unpublished manuscript, entire). This single commercial-scale wind turbine the changes that occurred during avoidance behavior is presumably a creates a habitat avoidance zone for the settlement of the Great Plains. Forecasts behavioral response that serves to limit greater prairie-chicken that extends as of human population growth through exposure to predation. The observed far as 1.6 km (1 mi) from the structure. the year 2060 revealed that nationwide avoidance distances can be much larger Lesser prairie-chickens likely exhibit a the land area encompassed by than the actual footprint of the structure similar response to tall structures, such urbanization will increase by 24 million and appear to vary depending upon the as wind turbines (Pitman et al. 2005, pp. ha (59 million ac) to 35 million ha (86 type of structure. These structures can 1267–1268). The Lesser Prairie-Chicken million ac), depending on whether a have significant negative impacts by Interstate Working Group (Mote et al. slower or more rapid growth scenario is contributing to further fragmentation of 1999, p. 27) identified the need for a used in the analysis (Wear 2011, p. 14). otherwise suitable habitats. Hovick et al. contiguous block of 52 sq km (20 sq mi) Increases in land area under urban (unpublished manuscript under review, of high-quality rangeland habitat to development are expected to result in entire) examined the influence of successfully maintain a local population reductions in the area that is in several anthropogenic structures, of lesser prairie-chicken. Based on this cropland, pastureland and rangeland. including oil and gas infrastructure, need and the fact that the majority of Forecasts of cropland loss vary between powerlines and wind turbines on remaining populations are fragmented 7.6 million ha (19 million ac) and 11 displacement behavior and survival in and isolated into islands of million ha (28 million ac), depending on grouse. They conducted a meta-analysis unfragmented, open prairie habitat, the which growth scenario is selected. that examined 23 different structures Service recommended that an 8-km (5- Under the scenario of intermediate and found that all structure types mi) voluntary no-construction buffer be levels of human population growth and examined resulted in displacement but established around prairie grouse leks to strong growth in personal income, about oil structures and roads had the greatest account for behavioral avoidance and to 85 percent (9.7 million ha; 24 million impact on grouse avoidance behavior protect lesser prairie-chicken ac) of the cropland losses would occur (Hovick et al. unpublished manuscript populations and habitat corridors in regions along and east of the under review, p. 11). They also needed for future recovery (Manville Mississippi River and in coastal areas examined the effect of 17 of these 2004, pp. 3–4). In Kansas, no lesser (Wear 2011, pp. 15, 22, 24). Forecasts of structures on survival and found all of prairie-chickens were observed nesting rangeland loss vary between 3.2 million the structures examined also decreased or lekking within 0.8 km (0.5 mi) of a ha (8 million ac) and 4.4 million ha (12 survival in grouse, with lek attendance gas line compressor station, and million ac), depending on which growth declining at a greater magnitude than otherwise suitable habitat was avoided scenario is selected. Colorado and Texas other survival parameters measured within a 1.6-km (1-mi) radius of a coal- are projected to experience some of the (Hovick et al. unpublished manuscript fired power plant (Pitman et al. 2005, greatest losses of rangeland (Wear 2011, under review, p. 12). pp. 1267–1268). Pitman et al. (2005, pp. p. 23). In general, human populations in Prairie grouse, such as the lesser 1267–1268) also observed that female the Great Plains are expected to remain prairie-chicken, did not evolve with tall, lesser prairie-chickens selected nest unchanged or decline slightly by 2060, vertical structures present on the sites that were significantly further from particularly in the Oklahoma and Texas landscape and, in general, have low powerlines, roads, buildings, and oil panhandles and portions of western and tolerance for tall structures. As and gas wellheads than would be central Kansas (Wear 2011, p. 13). discussed in ‘‘Altered Fire Regimes and expected at random. Specifically, they

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observed that lesser prairie-chickens increase, the impact of avian predation abundance, reduced nest success, and seldom nested or reared broods within will increase accordingly (see separate reduced nest density in many species of approximately 177 m (580 ft) of oil or discussion under ‘‘Predation’’ below). grassland birds (Pillsbury et al. 2011, p. gas wellheads, 400 m (1,312 ft) of The perception that these vertical 2). electrical transmission lines, 792 m structures are associated with predation Habitat fragmentation has been shown (2,600 ft) of improved roads, and 1,219 may cause lesser prairie-chickens to to negatively impact population m (4,000 ft) of buildings; and, the avoid areas near these structures even persistence and influence the species observed avoidance was likely when raptor densities are low. extinction process through several influenced, at least in part, by Sensitivity to electromagnetic fields mechanisms (Wilcove et al. 1986, p. disturbances such as noise and visual generated by the transmission lines may 246). Once fragmented, the remaining obstruction associated with these be another reason lesser prairie- habitat fragments may be inadequate to features. Similarly, Hagen et al (2004, p. chickens might be avoiding these areas support crucial life-history requirements 75) indicated that areas used by lesser (Fernie and Reynolds 2005, p. 135) (see (Samson 1980b, p. 297). The land-use prairie-chickens were significantly separate discussion under ‘‘Wind Power matrix surrounding remaining suitable further from these same types of features and Energy Transmission Operation and habitat fragments may support high than areas that were not used by lesser Development’’ below). densities of predators or brood parasites prairie-chickens. They concluded that Where grassland patches remained, (organisms that rely on the nesting the observed avoidance was likely due overgrazing, drought, lack of fire, woody organism to raise their young), and the to potential for increased predation by plant and exotic grass invasions, and probability of recolonization of raptors or due to presence of visual construction of various forms of unoccupied fragments decreases as obstructions on the landscape (Hagen et infrastructure impacted the integrity of distance from the nearest suitable al. 2004, pp. 74–75). the remaining fragments (Brennan and habitat patch increases (Wilcove et al. Robel et al. (2004, pp. 256–262) Kuvlesky 2005, pp. 4–5). Domestic 1986, p. 248; Sisk and Battin 2002, p. determined that habitat displacement livestock management following 35). Invasion by undesirable plants and associated with avoidance of certain settlement tended to promote more animals is often facilitated around the structures by lesser prairie-chickens can uniform grazing patterns, facilitated by perimeter or edge of the patch, be substantial, collectively exceeding construction of fences, which led to particularly where roads are present 21,000 ha (53,000 ac) in a three-county reduced heterogeneity in remaining (Weller et al. 2002, p. 2). Additionally, area of southwestern Kansas. Using grassland fragments (Fuhlendorf and as animal populations become smaller information on existing oil and gas Engle 2001, p. 626; Pillsbury et al. 2011, and more isolated, they are more wells, major powerlines (115 kV and p. 2). See related discussions in the susceptible to random (stochastic) larger), and existing wind turbines and relevant sections below. events and reduced genetic diversity via proposed wind energy development in This ever-escalating fragmentation drift and inbreeding (Keller and Waller northwestern Oklahoma, Dusang (2011, and homogenization of grasslands 2002, p. 230). Population viability p. 61) modeled the effect of these contributed to reductions in the overall depends on the size and spacing of anthropogenic structures on lesser diversity and abundance of grassland- remaining fragments (Harrison and prairie-chicken habitat in Oklahoma. He endemic birds and caused populations Bruna 1999, p. 226; With et al. 2008, p. estimated that existing and proposed of many species of grassland-obligate 3153). O’Connor et al. (1999, p. 56) development of these structures birds, such as the lesser prairie-chicken concluded that grassland birds, as a potentially would eliminate to decline (Coppedge et al. 2001, p. 48; group, are particularly sensitive to approximately 960,917 ha (2,374,468 ac) Fuhlendorf and Engle, 2001, p. 626). habitat fragmentation, primarily due to of nesting habitat for lesser prairie- Fragmentation and homogenization of sensitivity to fragment size. chickens, based on what is currently grasslands is particularly detrimental for Consequently, the effects of known about their avoidance of these lesser prairie-chickens that typically fragmentation are the most severe on structures. prefer areas where individual habitat area-sensitive species (Herkert 1994, p. Avoidance of vertical features such as needs are in close proximity to each 468). trees and transmission lines likely is other. For example, in suitable habitats, Area-sensitive species are those due to frequent use of these structures desired vegetation for nesting and brood species that respond negatively to as hunting perches by birds of prey rearing typically occurs within decreasing habitat patch size (Robbins (Hagen et al. 2011, p. 72). Raptors relatively short distances of the breeding 1979, p. 198; Finch 1991, p. 1. An actively seek out and use power poles area. increasing number of studies are and similar aboveground structures in showing that many grassland birds also Effects of Habitat Fragmentation expansive grassland areas where natural are area-sensitive and have different perches are limited. In typical lesser While much of the conversion of levels of tolerance to fragmentation of prairie-chicken habitat where vegetation native grasslands to agriculture in the their habitat (e.g., see Herkert 1994, is low and the terrain is relatively flat, Great Plains was largely completed by entire; Winter and Faaborg 1999, entire). power lines and power poles provide the 1940s and has slowed in more For species that are area-sensitive, once attractive hunting, loafing, and roosting recent decades, grassland bird a particular fragment or patch of perches for many species of raptors populations continue to decline (With et suitable habitat falls below the optimum (Steenhof et al. 1993, p. 27). The al. 2008, p. 3153). Bird populations may size, populations decline or disappear elevated advantage of transmission lines initially appear resistant to landscape entirely even though suitable habitat and power poles serve to increase a change only to decline inexorably over may continue to exist within the larger raptor’s range of vision, allow for greater time because remaining grassland landscape. When the overall amount of speed during attacks on prey, and serve fragments may not be sufficient to suitable habitat within the landscape as territorial markers. While the effect of prevent longer term decline in their increases, the patch size an individual avian predation on lesser prairie- populations (With et al. 2008, p. 3165). area-sensitive bird may utilize generally chickens depends on raptor densities, as The decrease in patch size and increase tends to be smaller (Horn and Koford the number of hunting perches or in edges associated with fragmentation 2006, p. 115), but they appear to structures to support nesting by raptors are known to have caused reduced maintain some minimum threshold

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(Fahrig 1997, p. 608; NRCS 1999a, p. 4). different leks can occur in order to chickens are estimated to now occupy Winter and Faaborg (1999, pp. 1429, reduce interbreeding problems on any only about 16 percent of their estimated 1436) reported that the greater prairie- individual lek, they considered a historical range. What habitat remains is chicken was the most area-sensitive healthy population to consist of a now highly fragmented (Hagen et al. species observed during their study, and complex of six to ten viable leks 2011, p. 64). See previous discussion this species was not documented from (Applegate and Riley 1998, p. 14). above in ‘‘Current Range and any fragment of native prairie less than Consequently, most grouse experts Distribution’’ for additional detail. 130 ha (320 ac) in size. Sensitivity of consider the lesser prairie-chicken to be Several pervasive factors, such as lesser prairie-chickens likely is very an area-sensitive species, and large areas conversion of native grasslands to similar to that of greater prairie- of intact, unfragmented landscapes of cultivated agriculture; change in the chickens; a more detailed discussion is suitable mixed-grass, short-grass, and historical grazing and fire regime; tree provided below. shrubland habitats are considered invasion and brush encroachment; oil, Franklin et al. (2002, p. 23) described essential to sustain functional, self- gas, and wind energy development; and fragmentation in a biological context. sustaining populations (Giesen 1998, road and highway expansion have been According to Franklin et al. (2002, p. pp. 3–4; Bidwell et al. 2002, pp. 1–3; implicated in not only permanently 23) habitat fragmentation occurs when Hagen et al. 2004, pp. 71, 76–77). altering the Great Plains landscape but occupancy, reproduction, or survival of Therefore, areas of otherwise suitable in specifically causing much of the the organism has been affected. The habitat can readily become functionally observed loss, alteration, and effects of fragmentation can be unusable due to the effects of fragmentation of lesser prairie-chicken influenced by the extent, pattern, scale, fragmentation. habitat (Hagen and Giesen 2005, np.; and mechanism of fragmentation The lesser prairie-chicken has several Elmore et al. 2009, pp. 2, 10–11; Hagen (Franklin et al. 2002, p. 27). Habitat life-history traits common to most et al. 2011, p. 64). Additionally, lesser fragmentation also can have positive, species of grouse that influence its prairie-chickens actively avoid areas of negative, or neutral effects, depending vulnerability to the impacts of human activity and noise or areas that on the species (Franklin et al. 2002, p. fragmentation, including short lifespan, contain certain vertical features, such as 27). As a group, grouse are considered low nest success, strong site fidelity, buildings, oil or gas wellheads and to be particularly intolerant of extensive low mobility, and a relatively small transmission lines (Robel et al. 2004, habitat fragmentation due to their short home range. This vulnerability is pp. 260–262; Pitman et al. 2005, pp. dispersal distances, specialized food heightened by the considerable extent of 1267–1268; Hagen et al. 2011, p. 70–71). habits, generalized antipredator habitat loss that has already occurred Avoidance of vertical features such as strategies, and other life-history over the range of the species. The trees and transmission lines likely is characteristics (Braun et al. 1994, p. resiliency and redundancy of these due to frequent use of these structures 432). Lesser prairie-chickens in populations have been reduced as the as hunting perches by birds of prey particular have a low adaptability to number of populations that formerly (Hagen et al. 2011, p. 72). . habitat alteration, particularly activities occupied the known historical range Oil and gas development activities, that fragment suitable habitat into were lost or became more isolated by particularly drilling and road and smaller, less valuable pieces. Lesser fragmentation of that range. Isolation of highway construction, also contribute to prairie-chickens use habitat patches remaining populations will continue to surface fragmentation of lesser prairie- with different vegetative structure the extent these populations remain or chicken habitat for many of the same dependent upon a particular phase in grow more separated by areas of reasons observed with other artificial their life cycle, and the loss of even one unsuitable habitat, particularly structures (Hunt and Best 2004, p. 92). of these structural components can considering their limited dispersal The incidence of oil and gas exploration significantly reduce the overall value of capabilities (Robb and Schroeder 2005, has been rapidly expanding within the that habitat to lesser prairie-chickens. p. 36). range of the lesser prairie-chicken. A Fragmentation not only reduces the size Fragmentation is becoming a more thorough discussion of oil and gas of a given patch but also can reduce the particularly significant ecological driver activities within the range of the lesser interspersion or variation within a larger in lesser prairie-chicken habitats, and prairie-chicken is discussed below. habitat patch, possibly eliminating several factors are known to be Many of the remaining habitat important structural features crucial to contributing to the observed fragments and adjoining land use types lesser prairie-chickens. destruction, modification, or subsequently fail to meet important Lesser prairie-chickens and other curtailment of the lesser prairie- habitat requirements for lesser prairie- species of prairie grouse require large chicken’s habitat or range. Extensive chickens. Other human-induced expanses (i.e., 1,024 to 10,000 ha (2,530 grassland and untilled rangeland developments, such as buildings, to 24,710 ac)) of interconnected, habitats historically used by lesser fences, and many types of vertical ecologically diverse native rangelands to prairie-chickens have become structures, which may have an overall complete their life cycles (Woodward et increasingly scarce, and remaining areas smaller physical development footprint al. 2001, p. 261; Flock 2002, p. 130; of these habitat types continue to be per unit area, serve to functionally Fuhlendorf et al. 2002a, p. 618; Davis degraded or fragmented by changing fragment otherwise seemingly suitable 2005, p. 3), more so than almost any land uses. The loss and fragmentation of habitat; this causes lesser prairie- other grassland bird (Johnsgard 2002, p. the mixed-grass, short-grass, and chickens to cease or considerably 124). Davis (2005, p. 3) states that the shrubland habitats preferred by lesser reduce their use of habitat patches combined home range of all lesser prairie-chickens has contributed to a impacted by these developments (Hagen prairie-chickens at a single lek is about significant reduction in the extent of the et al. 2011 pp. 70–71). As the 49 sq km (19 sq mi or 12,100 ac). estimated occupied range that is intervening matrix between the According to Applegate and Riley (1998, inhabited by lesser prairie-chickens. remaining fragments of suitable habitat p. 14), a viable lek will have at least six Based on the cooperative mapping becomes less suitable for the lesser males accompanied by an almost equal efforts led by the Playa Lakes Joint prairie-chicken, dispersal patterns can number of females. Because leks need to Venture and Lesser Prairie-Chicken be disrupted, effectively isolating be clustered so that interchange among Interstate Working Group, lesser prairie- remaining islands of habitat. These

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isolated fragments then become less long-term population persistence in habitat have been isolated from other resilient to the effects of change in the lesser prairie-chickens. suitable habitats by varying degrees of overall landscape and likely will be Many of the biological factors unsuitable land uses. Very few large, more prone to localized extinctions. The affecting the persistence of lesser intact patches of suitable habitat remain collective influence of habitat loss, prairie-chickens are exacerbated by the within the historically occupied fragmentation, and disturbance effects of habitat fragmentation. For landscape. effectively reduces the size and example, human population growth and We conducted two analyses of suitability of the remaining habitat the resultant accumulation of fragmentation. The first analysis was patches. Pitman et al. (2005, p. 1267) infrastructure such as roads, buildings, conducted in 2012 prior to publication calculated that nesting avoidance at the communication towers, and powerlines of the proposed rule; this was a spatial distances they observed would contribute to fragmentation. We expect analysis of the extent of fragmentation effectively eliminate some 53 percent that construction of vertical within the estimated occupied range of (7,114 ha; 17,579 ac) of otherwise infrastructure such as transmission lines the lesser prairie-chicken. Infrastructure suitable nesting habitat within their will continue to increase into the future, features such as roads, transmission study area in southwestern Kansas. particularly given the increasing lines, airports, cities and similar Once the remaining habitat patches fall development of energy resources and populated areas, oil and gas wells, and below the minimum size required by urban areas (see ‘‘Wind Power and other vertical features such as individual lesser prairie-chickens, these Energy Transmission Operation and communication towers and wind patches become uninhabitable even Development’’ below). Where this turbines were delineated. These features though they may otherwise provide infrastructure is placed in occupied were buffered by known avoidance optimum habitat characteristics. lesser prairie-chicken habitats, the lesser distances and compared with likely Although a minimum patch size per prairie-chicken likely will be negatively lesser prairie-chicken habitat such as individual has not been established, and affected. As the density and distribution that derived from the Southern Great will vary with the quality of the habitat, of human development continues in the Plains Crucial Habitat Tool and 2008 studies and expert opinion, including future, direct and functional LandFire vegetation cover types. Based those regarding greater prairie-chickens, fragmentation of the landscape will on this analysis, 99.8 percent of the suggest that the minimum patch size is continue. The resultant fragmentation is suitable habitat patches were less than likely to exceed 100 ha (250 acres) per detrimental to lesser prairie-chickens 2,023 ha (5,000 ac) in size. Our analysis individual (Samson 1980b, p. 295; because they rely on large, expansive revealed only 71 patches that were Winter and Faaborg 1999, pp. 1429, areas of contiguous native grassland to equal to, or larger than, 10,117 ha 1436; Davis 2005, p. 3). Specifically for complete their life cycle. Given the large (25,000 ac) exist within the entire five- lesser prairie-chickens, Giesen (1998, p. areas of contiguous grassland needed by state estimated occupied range. Of the 11) and Taylor and Guthery (1980b, p. lesser prairie-chickens, we expect that patches over 10,117 ha (25,000 ac), all 522) reported home ranges of individual many of these types of developments were impacted by fragmenting features, birds varied from 211 ha (512 ac) to anticipated in the future will further just not to the extent that the patch was 1,945 ha (4,806 ac) in size. fragment remaining blocks of suitable fragmented into a smaller sized patch. habitat and reduce the likelihood of For example, oil and gas wells or Fragmentation poses a threat to the persistence of lesser prairie-chickens vertical features like wind turbines may persistence of local lesser prairie- over the long term. Long-term occur within these large patches but chicken populations through many of persistence is reduced when the don’t create a hard edge or barrier the same mechanisms identified for suitability of the remaining habitat completely separating one patch from other species of grassland birds. Factors patches decline, further contributing to another; rather, these types of such as habitat dispersion and the the scarcity of suitable contiguous fragmenting features may create a extent of habitat change, including blocks of habitat and resulting in mosaic of unsuitable lesser prairie- patch size, edge density, and total rate increased human disturbance as parcel chicken habitat within the large patch, of landscape change influence size declines. Human populations are thereby affecting the habitat quality of juxtaposition and size of remaining increasing throughout the range of the the area. patches of rangeland such that they may lesser prairie-chicken, and we expect The Service’s 2012 spatial analysis no longer be large enough to support this trend to continue. Given the was a conservative estimate of the populations (Samson 1980b, p. 297; demographic and economic trends extent of fragmentation within the Woodward et al. 2001, pp. 269–272; observed over the past several decades, estimated occupied range. We only used Fuhlendorf et al. 2002a, pp. 623–626). residential development will continue. readily available datasets. Some datasets Additionally, necessary habitat The cumulative influence of habitat were unavailable, such as the extent of heterogeneity may be lost, and habitat loss and fragmentation on lesser prairie- fences, and other infrastructural features patches may accommodate high chicken distribution is readily apparent were not fully captured because our densities of predators. Ultimately, lesser at the regional scale. Lesser prairie- datasets were incomplete for those prairie-chicken interchange among chicken populations in eastern New features. Unfortunately, a more precise suitable patches of habitat may Mexico and the western Texas quantification of the impact of habitat decrease, possibly affecting population Panhandle are isolated from the loss and alteration on persistence of the and genetic viability (Wilcove et al. remaining populations in Colorado, lesser prairie-chicken is complicated by 1986, pp. 251–252; Knopf 1996, p. 144). Kansas, and Oklahoma. On a smaller, a variety of factors including time lags Predation can have a major impact on landscape scale, core populations of in response to habitat changes and a lesser prairie-chicken demography, lesser prairie-chickens within the lack of detailed historical information particularly during the nesting and individual States are isolated from other on habitat conditions. brood-rearing seasons (Hagen et al. nearby populations by areas of To better quantify the extent of 2007, p. 524). Patten et al. (2005b, p. unsuitable land uses (Robb and fragmentation within the estimated 247) concluded that habitat Schroeder 2005, p. 16). Then, at the occupied range using the most recent fragmentation, at least in Oklahoma, local level within a particular core area data sets we could obtain and the buffer markedly decreases the probability of of occupied habitat, patches of suitable distances reported in the rangewide

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plan (Van Pelt et al. 2013, p. 95), we locations. We took this approach occupied range. Based on this analysis, conducted a second spatial analysis of because the more refined data sets do we found that 128,525 patches fragmentation during preparation of the not yet exist to our knowledge. We then encompassing 3,562,168 ha (8,802,290.4 final rule. We used existing data sources added the buffered existing data sets on ac) of potential suitable vegetation exists to identify natural grass and shrubland threats, which included roads, within the estimated occupied range. landcover types within the estimated developed areas, oil and gas wells, Table 3, below, displays the breakdown occupied range. This data was used in vertical structures, and transmission in size and area of those patches. The the analysis to depict potential suitable lines. This analysis served to quantify patch size ranges we analyzed are based vegetation where lesser prairie-chickens spatial information on the scope and on the information provided in the may occur but does not necessarily scale of fragmentation and intactness of discussion of minimum sizes of habitat identify existing lesser prairie-chicken the potential suitable vegetation blocks provided in the rangewide plan habitat or correlate with known lek landcover types within the estimated (Van Pelt et al. 2013, p. 19).

TABLE 3—POTENTIAL SUITABLE VEGETATION PATCH SIZE ANALYSIS RESULTS

Patch size Number of patches Total area of patches

Less than 486 ha (1,200 ac) ...... 127,190 1,588,262.4 ha (3,924,681.8 ac). 486–6,474 ha (1,200–15,999 ac) ...... 1,302 1,636,012 ha (4,042,673.7 ac). 6,475–8,497 ha (16,000–20,999 ac) ...... 13 96,761.4 ha (239,102.6 ac). Greater than 8,498 ha (21,000 ac) ...... 20 241,124.8 ha (595,832.3 ac).

TOTAL ...... 128,525 3,562,168 ha (8,802,290.4 ac).

When we conducted the second by rural roads. These rural roads patch analysis (47,157 patches in the spatial analysis of fragmentation during fragment the grass and shrub landscape, proximity analysis compared to 128,525 preparation of the final rule, we also but they may not always prevent the patches in the patch analysis), but it prepared a proximity analysis to help us species from moving between patches. also accounts for 93 percent of the total achieve a better sense of how the Groups of patches (or remaining patch size acreage. Table 4, below, various patches in the natural grass and individual patches) under 64.7 ha (160 displays the breakdown in size and area shrubland landcover types relate to each ac) were not included in this analysis. of the various proximity groups (groups other on the landscape. The proximity Because these areas were not included, of patches). analysis groups individual patches, as the proximity model accounts for only described above, that are only separated 37 percent of all patches mapped in the

TABLE 4—POTENTIAL SUITABLE VEGETATION PROXIMITY SIZE ANALYSIS RESULTS

Individual Proximity group Count patches within Acreage group

64.7–485 ha (160–1,199 ac) ...... 1,219 3,122 173,705.3 ha (429,235.2 ac). 485–6,474 ha (1,200–15,999 ac) ...... 302 9,054 529,566.3 ha (1,308,586.9 ac). 6,475–8,497 ha (16,000–20,999 ac) ...... 11 1,172 78,718.9 ha (194,518.7 ac). 8,498–20,234 ha (21,000–49,999 ac) ...... 37 9,685 511,464.9 ha (1,263,857.4 ac). 20,234–40,468 ha (50,000–99,999 ac) ...... 19 7,162 545,478.0 ha (1,347,905.6 ac). Greater than 40,468 ha (100,000 ac) ...... 22 16,962 1,481,324.0 ha (3,660,431.2 ac).

TOTAL ...... 1,610 47,157 3,562,168 ha (8,204,535.0 ac).

In summary, habitat fragmentation is prairie-chicken by altering the cumulative. Many types of human an ongoing threat that is occurring juxtaposition of suitable habitat patches, developments likely will exist for throughout the estimated occupied by reducing the size of the available extended time periods and will have a range of the lesser prairie-chicken. habitat patches causing those patches to significant, lasting adverse influence on While 127,190 patches of potentially be smaller than necessary to support persistence of lesser prairie-chickens. suitable vegetation are less than 486 ha stable to expanding populations, Therefore, current and future habitat (1,200 ac), only 20 patches of potentially reducing the quality of the remaining fragmentation is a threat to the lesser suitable vegetation greater than 8,498 ha habitat patches, eliminating the habitat prairie-chicken. In many of the sections (21,000 ac) remain. Similarly, much of heterogeneity needed to sustain all life that follow, we will examine in more the historical range is disjunct and history requirements of the species, detail the various causes of habitat separated by large expanses of facilitating increased density of fragmentation we identified within the unsuitable habitat. In comparison to the predators that leads to increased rates of estimated occupied range of the five patch size analysis, the proximity predation, and impacting the ability of States that support lesser prairie- analysis shows that there are 1,219 lesser prairie-chickens to disperse chickens. proximity groups that are less than 4856 between suitable patches of habitat. Habitat Conversion for Agriculture ha (1,200 ac) and 78 proximity groups Once fragmented, most of the factors that are greater than 8,498 ha (21,000 contributing to habitat fragmentation At the time the lesser prairie-chicken ac). Fragmentation impacts the lesser cannot be reversed and the effects are was determined to be taxonomically

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distinct from the greater prairie-chicken number of lesser prairie-chickens data available through the National in 1885, much of the historical range declined. Although the literature Resources Inventory of the USDA NRCS. was already being altered as settlement supports that lesser prairie-chicken However, very limited information on of the Great Plains progressed. populations have experienced lesser prairie-chicken status was EuroAmerican settlement in New population declines and were nearly available to us prior to 1982. When we Mexico and Texas began prior to the extirpated in Colorado, Kansas, and examined the 1992 National Resources 1700s, and at least one trading post New Mexico, precisely quantifying the Inventory Summary Report, we were already had been established in degree to which these settlement- able to estimate the change in rangeland Colorado by 1825 (Coulson and Joyce induced impacts occurred is acreage between 1982 and 1992 by each 2003, pp. 34, 41, 44). Kansas had complicated by a lack of solid and State within the range of the lesser become a territory by 1854 and had consistent historical information on prairie-chicken. When the trends were already experienced an influx of settlers lesser prairie-chicken population size examined statewide, each of the five due to establishment of the Santa Fe and extent of suitable habitat States within the range of the lesser Trail in 1821 (Coulson and Joyce 2003, throughout the species’ range. prairie-chicken showed a decline in the p. 37). Western Oklahoma was the last Additionally, because cultivated grain amount of rangeland acreage over that area to experience extensive settlement crops may have provided increased or time period, indicating that conversion with the start of the land run in 1889. more dependable winter food supplies of lesser prairie-chicken habitat likely Settlement, as previously discussed, (Braun et al. 1994, p. 429), the initial continued to occur since the 1980s. In brought about many changes within the conversion of smaller patches of native assessing the change specifically within historical range of the lesser prairie- prairie to cultivation may have been areas inhabited by lesser prairie- chicken. Between 1915 and 1925, temporarily beneficial to the short-term chickens, we then narrowed our considerable areas of prairie had been needs of the species. Sharpe (1968, pp. analysis to just those counties where plowed in the Great Plains and planted 46–50) believed that the presence of lesser prairie-chickens were known to to wheat (Laycock 1987, p. 4). By the cultivated grains may have facilitated occur. That analysis, which was based 1930s, the lesser prairie-chicken had the temporary occurrence of lesser on the information available at that begun to disappear from areas where it prairie-chickens in Nebraska. However, time, used a much smaller extent of had been considered abundant with landscapes having greater than 20 to 37 estimated occupied range than likely populations nearing extirpation in percent cultivated grains may not occurred at that time. The analysis of Colorado, Kansas, and New Mexico, and support stable lesser prairie-chicken the estimate change in rangeland markedly reduced in Oklahoma and populations (Crawford and Bolen 1976a, acreage between 1982 and 1992, for Texas (Davison 1940, p.62; Lee 1950, p. 102). While lesser prairie-chickens counties specifically within lesser p.475; Baker 1953, p.8; Oberholser 1974, may forage in agricultural croplands, prairie-chicken range, did not p. 268; Crawford 1980, p. 2). Several they avoid landscapes dominated by demonstrate a statistically significant experts on the lesser prairie-chicken cultivated agriculture, particularly change, possibly due to small sample identified conversion of native sand where small grains are not the dominant size and large variation about the mean. sagebrush and shinnery oak rangeland crop (Crawford and Bolen 1976a, p. In this analysis, the data for the entire to cultivated agriculture as an important 102). Areas of cropland do not provide county was used without restricting the factor in the decline of lesser prairie- adequate year-round food or cover for analysis to just those areas determined chicken populations (Copelin 1963, p. 8; lesser prairie-chickens. to be within the estimated historical and Jackson and DeArment 1963, p. 733; Overall, the amount of land used for occupied ranges. A more recent, area- Crawford and Bolen 1976a, p. 102; crop production nationally has sensitive analysis was needed. Crawford 1980, p. 2; Taylor and Guthery remained relatively stable over the last Although a more recent analysis of 1980b, p. 2; Braun et al. 1994, pp. 429, 100 years although the distribution and the Natural Resources Inventory 432–433; Mote et al. 1999, p. 3). By the composition have varied (Lubowski et information was desired, we were 1930s, Bent (1932, pp. 283–284) al. 2006, p. 6; Sylvester et al. 2013, p. unable to obtain specific county-by- concluded that extensive cultivation 13). As cultivated land is converted to county information because the NRCS and overgrazing had already caused the urbanization and other non-agricultural no longer releases county-level species to disappear from portions of uses, new land is being brought into information. Release of Natural the historical range where lesser prairie- cultivation helping to sustain the Resources Inventory results is guided by chickens had once been abundant. relatively constant amount of cropland NRCS policy and is in accordance with Additional areas of previously unbroken in existence over that period. Office of Management and Budget and grassland were brought into cultivation Nationally, the amount of cropland that USDA Quality of Information in the 1940s, 1970s, and 1980s (Laycock was converted to urban uses between Guidelines developed in 2001. NRCS 1987, pp. 4–5; Laycock 1991, p. 2). 1982 and 1997 was about 1.5 percent releases Natural Resources Inventory Bragg and Steuter (1996, p. 61) (Lubowski et al. 2006, p. 3). During that estimates only when they meet estimated that by 1993, only 8 percent same period nationally, about 24 statistical standards and are of the bluestem-grama association and percent of cultivated cropland was scientifically credible in accordance 58 percent of the mesquite-buffalo grass converted to less intensive uses such as with these policies. In general, the association, as described by Kuchler pasture, forest and CRP (Lubowski et al. Natural Resources Inventory survey (1964, entire), remained. 2006, p. 3). The impact of CRP was most system was not developed to provide As the amount of native grasslands influential in the Great Plains States, acceptable estimates for areas as small and untilled native rangeland declined particularly Colorado, Kansas, as counties but rather for analyses in response to increasing settlement, the Oklahoma and Texas, which have most conducted at the national, regional, and amount of suitable habitat capable of of the existing CRP lands (Lubowski et state levels, and for certain sub-state supporting lesser prairie-chicken al. 2006, p. 50). regions (Harper 2012). populations declined accordingly. In our June 7, 1998, 12-month finding We then attempted to use the 1992 Correspondingly, as the amount of for the lesser prairie-chicken (63 FR National Land Cover Data (NLCD) available suitable habitat diminished, 31400), we attempted to assess the information to estimate the extent and carrying capacity was reduced and the regional loss of native rangeland using change in certain land cover types. The

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NLCD was the first land-cover mapping Based on this dataset, and confining our the estimated historical range and from project that was national in scope and analysis to just the known estimated 6.29 to 14.58 percent in the estimated is based on images from the Landsat historical and occupied ranges, we occupied range. Overall, the estimated thematic mapper. No other national estimated that there were 126,579 sq km amount of grassland and shrub- land-cover mapping program had (48,872 sq mi) of cultivated cropland in dominated land, as an indicator of previously been undertaken, despite the the entire estimated historical range and untilled rangelands, increased from availability of Landsat thematic mapper 19,588 sq km (7,563 sq mi) in the 64.38 to 66.34 percent over the information since 1984. The 1992 NLCD estimated occupied range. Based on estimated historical range during that provides information on 21 different these results, 27.1 percent of the period but declined from 75.69 to 75.1 land cover classes at a 30-meter estimated historical range and 27.74 percent within the estimated occupied resolution. Based on the 1992 NLCD, percent of the estimated occupied range range during the same period. Based on and confining our analysis to just the is cultivated cropland. This cover type the definition of shrub/scrub cover type estimated known historical and consists of any areas used annually to in 2006, the observed increases in occupied ranges, we estimated that produce a crop and includes any land shrub-dominated cover only could have there were 137,073.6 sq km (52,924.4 sq that is being actively tilled. Estimating been due to increased abundance of mi) of cultivated cropland in the entire the extent of untilled rangeland is eastern red cedar, an invasive, woody historical range and 16,436.9 sq km conducted similarly to that for 1992. species that tends to decrease suitability (6,346.3 sq mi) in the estimated Using the 2006 NLCD, we estimated that of grasslands and untilled rangelands occupied range. Based on these there were 163,011 sq km (62,939 sq mi) for lesser prairie-chickens (Woodward et estimates, 29.35 percent of the estimated of grassland within the entire estimated al. 2001, pp. 270–271; Fuhlendorf et al. historical range is in cultivated historical range with 42,728 sq km 2002a, p. 625). cropland, and 23.28 percent of the (16,497 sq mi) of grassland in the However, direct comparison between estimated occupied range is in estimated occupied range. These results the 1992 and 2006 NLCD is problematic cultivated cropland. This includes areas show that grasslands comprise 34.91 due to several factors. First, the 1992 planted to row crops, such as corn and percent of the estimated historical range NLCD used a different method to cotton, small grains such as wheat and and 60.52 percent of the estimated classify habitat than the NLCD 2001 and Hordeum vulgare (barley), and fallow occupied range. In 2006, the shrubland later versions. Second, NLCD 2001 and cultivated areas that had visible cover type was replaced by a shrub- later versions used higher resolution vegetation at the time of the imagery. scrub cover type. This new cover type digital elevation models than the 1992 Estimating the extent of untilled was defined as the areas dominated by NLCD. Third, the impervious surface rangeland is slightly more complicated. shrubs less than 5 m (16 ft) tall with a mapping that is part of NLCD 2001 and The extent of grassland areas dominated canopy cover of greater than 20 percent. later versions resulted in the by native grasses and forbs could be We estimated that there were 146,818 sq identification of many more roads than determined in a manner similar to that km (56,686 sq mi) of shrub/scrub within could be identified in the 1992 NLCD. for cultivated cropland. We estimated the entire historical range, with 10,291 However, most of these roads were from the 1992 NLCD that there were sq km (3,973 sq mi) of shrub/scrub in present in 1992. Fourth, the imagery for 207,846 sq km (80,250 sq mi) of the estimated occupied range. Based on the 2001 NLCD and later versions was grassland within the entire historical these results, shrub/scrub cover corrected for atmospheric effects prior to classification, whereas NLCD 1992 range, with only 49,000 sq km (18,919 constitutes 31.44 percent of the sq mi) of grassland in the estimated imagery was not. Lastly, there are subtle estimated historical range and 14.58 occupied range. Based on these differences between the NLCD 1992 and percent of the estimated occupied range. estimates, 44.51 percent of the estimated NLCD 2001 land-cover legends. historical range and 69.4 percent of the Despite the difference in the Additionally, we did not have an estimated occupied range is in grassland classification of land cover between estimated occupied range for 1992. cover. However, the extent of shrubland 1992 and 2006, we were able to make Instead we used the occupied range as also must be included in the analysis rough comparisons between the two is currently estimated. The comparison because areas classified as shrubland datasets. The extent of cropland within in the amount of cropland, grassland, (i.e., areas having a canopy cover of the entire historical range declined from and shrubland could be influenced by a greater than 25 percent) are used by 29.35 to 27.1 percent between 1992 and change in the amount of occupied range lesser prairie-chicken, such as shinnery 2006. In contrast, the extent of cropland in 1992. Due to the influence of CRP oak grasslands, and also may be grazed areas within the estimated occupied grasslands (discussed below) on the by livestock. We estimated that there range increased from 23.28 to 27.74 distribution of lesser prairie-chickens in were 92,799 sq km (35,830 sq mi) of percent during that same period. A Kansas, the estimated occupied range shrubland within the entire historical comparison of the grassland and was much smaller in 1992. The Service range with 4,439 sq km (1,714 sq mi) of untilled rangeland indicates that the expects that the influence of CRP shrubland in the estimated occupied amount of grassland declined in both establishment north of the Arkansas range, based on the 1992 NLCD. Based the estimated historical and occupied River in Kansas might have led to on these estimates, 19.87 percent of the ranges between 1992 and 2006. considerably more areas of grassland in estimated historical range and 6.29 Specifically, the extent of grassland 2006 as compared to 1992. However, the percent of the estimated occupied range within the estimated historical range amount of grassland was observed to is in shrubland. declined from 44.51 to 34.91 percent, have declined within the estimated These values can then be compared and the extent of grassland within the occupied range of the lesser prairie- with those available through the 2006 estimated occupied range declined from chicken between 1992 and 2006, NLCD information to provide a rough 69.4 to 60.52 percent. However, the possibly indicating that the extent of approximation of the change in land use amount of shrub-dominated lands grasslands continued to decline despite since 1992. In contrast to the 1992 increased in both the estimated the increase in CRP grasslands. NLCD, the 2006 NLCD provides historical and occupied ranges. Between If we restrict our analysis to Kansas information on only 16 different land 1992 and 2006, the extent of shrubland alone, the extent of grasslands in 1992 cover classes at a 30-meter resolution. increased from 19.87 to 31.44 percent in was about 39,381 sq km (15,205 sq mi)

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within the estimated historical range fluctuates considerably as areas and supplies about 30 percent of the and 22,923 sq km (8850 sq mi) in the alternated between grassland and groundwater used for irrigation in the estimated occupied range. In 2006, the cultivation in response to conservation United States (Sophocleous 2005, p. extent of grasslands in Kansas was programs, masking the overall effect on 352), have declined considerably since 27,351 sq km (10,560 sq mi) within the land use change. However, they the 1950s, with an area-weighted, historical range and 18,222 sq km (7,035 reported that the amount of untilled, average water level decline of 4.3 m sq mi) in the estimated occupied range. native grassland, as determined from (14.2 ft) (McGuire 2013, pp. 8, 13). While not definitive, the analysis aerial photography, continued to Declining water levels may cause some indicates that the total extent of decline. Within the Western High Plains areas of cropland to revert to grassland grasslands continued to decline even in (portions of west Texas, Oklahoma but most of the irrigated land likely will Kansas where there has been an increase Panhandle, western Kansas, eastern transition to dryland agriculture, in in CRP grasslands. Colorado and western Nebraska), spite of more efficient methods of Other studies have attempted to grassland loss to agriculture, primarily irrigation, as water supplies dwindle determine the change in land use cropland, was the most common form of (Terrell et al. 2002, p. 35; Sophocleous patterns over time, particularly with land cover conversion between 1973 2005, p. 361; Drummond 2007, p. 142). respect to conversion of grasslands/ and 1986 (Drummond 2007, p 137). Because much of the suitable arable rangelands but such studies are difficult Between 1986 and 2000, grassland cover lands have already been converted to to interpret as they often do not increased, primarily in response to CRP, cultivated agriculture, we do not expect differentiate between native and non- but grassland conversion to agriculture significant additional, future habitat native grassland. Additionally, short- continued to occur. Drummond (2007, conversions to cultivated agriculture term fluctuations in grassland and p. 138) estimated 686,000 ha (1.7 within the range of the lesser prairie- cropland acreages often occur at million ac) of grassland was converted chicken. However, as implementation of regional levels that may not be apparent to agriculture, primarily cropland, in certain agricultural conservation at larger scales and often are not this region. Increased global demand for programs, such as the CRP, change indicative of long-term changes in land wheat and for irrigated grains to supply programmatically, some continued cover. Reeves and Mitchell (2012, p. 14), local feedlots was the primary driving conversion of grassland, principally using USDA Natural Resources factor (Drummond 2007, p 140). CRP, back into cultivation is still Inventory data, estimated that between Drummond (2007, p. 141) also thought expected to occur (see section 1982 and 2007 non-federal rangelands the observed changes in land cover were ‘‘Conservation Reserve Program’’ in the United States, excluding CRP, influenced by switching of cropland in below). Conservation Reserve Program declined by about 3.6 million ha (8.8 and out of CRP enrollment. The location contracts, as authorized and outlined by million ac) or about 142,000 ha (350,000 of grasslands changed spatially within regulation, are of limited, temporary ac) annually. More recent data were not the region but there was little actual duration, and the program is subject to available at the time of their analysis. overall gain in grassland cover. When funding by Congress. We also recognize The estimated losses were largely due to conservation programs, such as that the historical large-scale conversion conversion to cultivated agriculture and cropland retirements, result in no real of grasslands to agricultural production residential uses (Reeves and Mitchell gain or even a loss in conservation has resulted in fragmented grassland 2012, p. 27). Four of the five States success, this effect is termed ‘‘slippage’’ and shrubland habitats used by lesser supporting lesser prairie-chicken and will be discussed further under the prairie-chickens such that currently populations lost rangeland during this section on CRP below. occupied lands are not adequate to period (Reeves and Mitchell 2012, pp. provide for the conservation of the 15–16). Only Texas had a net gain in the In summary, conversion of the native species into the future, particularly area of rangeland. New Mexico and grassland habitats used by lesser prairie- when cumulatively considering the Oklahoma lost the most rangeland and chickens for agricultural uses has threats to the lesser prairie-chicken. Colorado lost the least. In all four of resulted in the permanent, and in some these States, cropland increased with limited instances, temporary loss or Conservation Reserve Program (CRP) New Mexico and Colorado having the alteration of habitats used for feeding, The loss of lesser prairie-chicken largest net change in cropland of the sheltering, and reproduction. habitat due to conversion of native four States (Reeves and Mitchell 2012, Consequently, populations of lesser grasslands to cultivated agriculture has pp. 15–16). prairie-chickens likely have been been mitigated somewhat, at least When the historical extent of extirpated or significantly reduced, temporarily, by the CRP. The CRP is a rangelands were examined in the five underscoring the degree of impact that voluntary program administered by the lesser prairie-chicken States, the historical conversion of native USDA’s FSA and was established estimated percentages of historical grasslands has posed to the species. We primarily to reduce the production of rangelands that have been permanently expect a very large proportion of the surplus agricultural commodities and converted to another land use type land area that is currently in cultivated control soil erosion on certain croplands break down as follows: 9 percent in agriculture likely will remain so over by converting cropped areas to a New Mexico, 29 percent in Colorado, 36 the future because we have no vegetative cover such as perennial percent in Texas, 59 percent in information to suggest that agricultural grassland. Authorization and Oklahoma, and 75 percent in Kansas practices are likely to change in the subsequent implementation of the CRP (Reeves and Mitchell 2012, pp. 26). future. While persistent drought and began under the 1985 Food Security Act Although these data are not specific to declining supplies of water for irrigation and, since that time, has facilitated the estimated occupied range of the may lead to conversion of some restoration of millions of acres of lesser prairie-chicken, they highlight the croplands to a noncropland state, we marginal and highly erosive cropland to extent and types of changes that have anticipate that the majority of cropland grassland, shrubland, and forest habitats occurred in this region. From a more will continue to be used to produce a (Riffell and Burger 2006, p. 6). regional perspective, within the Great crop. Groundwater levels in the High Eligibility criteria for participation in Plains, Sylvester et al. (2013, p.7) Plains Aquifer, which underlies much CRP have been established by the FSA concluded that the extent of grasslands of the range of the lesser prairie-chicken and not all lands are eligible for

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enrollment. Under the general signup A waiver of this acreage cap may be locations of individually enrolled CRP process, lands are enrolled in CRP granted by the Secretary of Agriculture acreages are not publicly available. The during designated periods using a under certain circumstances. These caps Playa Lakes Joint Venture has an competitive selection process. However, influence the maximum amounts of agreement with the Farm Service certain environmentally sensitive lands cropland that may exist in CRP at any Agency that allows them to use may be enrolled at any time under a one time. We are unsure whether or not available data on individual CRP continuous signup provision. The State waivers of the county acreage cap have allotments for conservation purposes, Acres for Wildlife Enhancement been granted within the estimated provided the privacy of the landowner program, previously discussed in the occupied range of the lesser prairie- is protected. The Playa Lakes Joint section highlighting Multi-State chicken. Venture, using this information, Conservation Efforts, is an example of a Since May of 2003, midcontract determined the extent of CRP lands continuous signup program. Additional management, typically implemented in within the estimated occupied range programs, such as the Conservation years five through seven, has been plus a 16-km (10-mi) buffer (EOR + 10, Reserve Enhancement Program and required on contracts executed since the as defined in the ‘‘Current Range and designation as a Conservation Priority summer of 2003 (signup period 26) and Distribution’’ section, above) Area can be used to target enrollment of is voluntary for contracts accepted (McLachlan et al. 2011, p. 24). In CRP. Participating producers receive an before that time. Mid-contract conducting this analysis, they restricted annual rental payment for the duration management practices include disking, their analysis to only those lands that of a multiyear CRP contract, usually 10 burning, spraying, or interseeding to were planted to a grass type of to 15 years. Cost sharing is provided to help establish plants and to assure an conservation cover and they evaluated assist in the establishment of the early successful plant growth stage. all lands within the estimated occupied vegetative cover and related Typically these midcontract range. However, in this study the conservation practices. Once the CRP management activities, including estimated occupied range of 65,012 sq contract expires, landowners have the actions such as prescribed burning, km (25,101 sq mi) was based on the option to either seek reenrollment or managed grazing, tree thinning, disking, 2007 cooperative mapping efforts exit the program. Once a landowner or herbicide application to control conducted by species experts from exits the program, lands may then be invasive species, are intended to CPW, KDWPT, NMDGF, ODWC, and converted back into cropland or other enhance wildlife benefits and are TPWD, in cooperation with the Playa land use, or remain under a generally prohibited during the primary Lakes Joint Venture; this is a smaller conservation cover. Laycock (1991, p. 4) avian nesting and brood rearing season. estimated occupied range than is believes that retention of the cropland Within the five States encompassing the currently accepted (70,602 sq km base (base acres that are enrolled in the estimated occupied range of the lesser (27,259 sq mi)). Based on this analysis, FSA program and are used to estimate prairie-chicken, the primary avian Kansas was determined to have the most the amount of production or dollars that nesting and brood rearing season ends land enrolled in CRP with a grass cover are generated from the land) may be the no later than July 15th and varies by type. Kansas had approximately 600,000 single most important factor influencing State. Under CRP, haying, grazing and ha (1,483,027 ac) followed by Texas a landowner’s decision to convert CRP several other forms of limited harvest, with an estimated 496,000 ha (1,227,695 lands to cropland once the contract including emergency haying and ac) of grassland CRP. Enrolled acreages grazing, are authorized under certain expires. in Colorado, New Mexico, and conditions. Managed haying and grazing Oklahoma were 193,064 ha (477,071 ac), In 2009, the enrollment authority or may be authorized to improve the 153,000 ha (379,356 ac), and 166,000 ha national acreage cap for CRP was quality and performance of the CRP (410,279 ac), respectively. The amount reduced from 15.9 million ha (39.2 cover. Emergency haying and grazing of grass type CRP within the study area million ac) nationwide to 12.9 million may be granted on CRP lands to provide (EOR + 10) totaled just over 1.61 million ha (32.0 million ac) through fiscal year relief to livestock producers in areas ha (3.97 million ac). Based on the 2012, with 1.8 million ha (4.5 million affected by drought or other natural estimated amount of occupied habitat ac) allocated to targeted (continuous) disaster to minimize loss or culling of remaining in these States, CRP fields signup programs. In 2014, the national livestock herds. In all instances, having a grass type of conservation acreage cap for CRP was reduced from participants are assessed a payment 12.9 million ha (32.0 million ac) to 9.7 reduction based on the number of acres cover comprise some 20.6 percent of the million ha (24 million ac) through fiscal harvested. Additionally, the installation estimated occupied lesser prairie- year 2018. While this does not of wind turbines, windmills, wind chicken range in Kansas, 45.8 percent of necessarily require a reduction in CRP monitoring devices, or other wind- the estimated occupied range in enrollment within the range of the lesser powered generation equipment may be Colorado, and 40.9 percent of the prairie-chicken, it does indicate that installed on CRP acreage on a case-by- estimated occupied range in Texas. New funds available to enroll or reenroll CRP case basis. Up to 2 ha (5 ac) of wind Mexico and Oklahoma have smaller acres likely will decline over the next 5 turbines per contract may be approved. percentages of CRP within the occupied years. We assume CRP administration Lands enrolled in CRP encompass a range, 17.9 and 15.1 percent, within the lesser prairie-chicken range significant portion of estimated respectively. More recently, the FSA will be impacted by the reduction in occupied range in several lesser prairie- estimated the current CRP enrollment, funds or acreage caps over the next 5 chicken States, but particularly in as of March of 2013, within the CHAT years. Nationally, the land area enrolled Kansas where an increase in the lesser EOR + 10 to be 2.05 million ha (5.06 in CRP has declined since 2006. As of prairie-chicken population is directly million ac) or about 25 percent of July 2013, approximately 11 million ha related to the amount of land that was acreage within the CHAT EOR + 10 (27 million ac) were enrolled in CRP enrolled in the CRP and planted to (FSA 2013, pp. 89, 94). nationwide. Within a given county, no mixtures of native grasses. Enrollment The importance of CRP acres to the more than 25 percent of that county’s information at the county level is lesser prairie-chicken, particularly in cropland acreage may be enrolled in publicly available from the Farm Kansas, is apparent. Not only do CRP CRP and the Wetland Reserve Program. Service Agency. However, specific lands constitute about 25 percent of the

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acreage within the EOR +10 range, about study intended to benefit lesser prairie- grazing. Emergency grazing is of far 24 percent of the active lesser prairie- chickens was to convert existing CRP greater concern relative to the lesser chicken leks may be found in or in close fields planted in exotic grasses into prairie-chicken, specifically considering proximity to lands enrolled in CRP with fields supporting taller, native grass lesser prairie-chicken habitat is another 22 percent of leks located species and to enhance the diversity of sensitive to livestock grazing within 1.6 km (1.0 mi) of CRP lands native forbs and shrubs used under particularly during periods of drought (FSA 2013, p. 84). The extent of CRP these contracts. Although lesser prairie- (Holechek et al. 1982, pp. 206, 208). and the location of active leks serve to chickens occasionally will use CRP Additional discussion related to highlight the importance of CRP for fields planted to exotic grasses, emergency haying and grazing is lesser prairie-chickens. When the sizes particularly where suitable stands of provided in the section on Drought. of the CRP fields were examined, native grasses are unavailable, Predicting the fate of CRP enrollments Kansas had 53 percent, on average, of monoculture stands of grass generally and their influence on the lesser prairie- the enrolled lands that constituted large lack the habitat heterogeneity and chicken into the future is difficult. The habitat blocks. A large block was structure preferred by lesser prairie- expiration of a contract does not defined as areas that were at least 2,023 chickens. Subsequent program automatically trigger a change in land ha (5,000 ac) in size with minimal adjustments since 1991 have use and lands likely will continue to be amounts of woodland, roads, and encouraged the planting of native grass enrolled in the program as long as the developed areas (McLachlan et al. 2011, species mixtures on new CRP program exists and funds are available p. 14). All of the other States had 15 enrollments. Expiring CRP fields to implement the program. The future of percent or less of the enrolled CRP in a formerly planted to monocultures of CRP lands is dependent upon three sets large block configuration. The nonnative, exotic grasses can be of interacting factors: the long-term importance of CRP habitat to the status reenrolled as native grass cover, economies of livestock and crop and survival of lesser prairie-chicken provided at least 51 percent of the field production, the characteristics and also has been emphasized by Rodgers has been established to a native grass attitudes of CRP owners and operators, and Hoffman (2005, pp. 122–123). They mix. Native grass plantings now account and the direct and indirect incentives of determined that the presence of CRP for well over 80 percent of the cover existing and future agricultural policy lands planted with mixtures of native types established on new CRP (Heimlich and Kula 1990, p. 7). As grasses, primarily little bluestem, enrollments (Farm Service Agency 2013, human populations continue to grow, switchgrass, and sideoats grama, p. 87). However, conversion of fields the worldwide demands for livestock facilitated the expansion of lesser initially planted to old world bluestems and crop production are likely to prairie-chicken range in Colorado, and weeping lovegrass is difficult continue to grow. If demand for U.S. Kansas, and New Mexico. The range considering these species can readily wheat and feed grains is high, pressure expansion was most pronounced in regenerate from seed following land to convert CRP lands back to cropland Kansas and resulted in strong disturbance (Farm Service Agency 2013, will be strong. However, in 1990, all five population increases there (Rodgers and p. 112). States encompassing the estimated Hoffman 2005, pp. 122–123). However, Haying and grazing of CRP lands occupied range of the lesser prairie- in Oklahoma, Texas, and some portions under both managed and emergency chicken were among the top 10 States of New Mexico, many CRP fields were conditions have the potential to expected to retain lands in grass planted with a monoculture of significantly negatively impact following contract expiration (Heimlich introduced grasses. Between 1986 and vegetation if the amount of forage and Kula 1990, p. 10). A survey of the 1991, 60 percent of the CRP planted in removed is excessive and prolonged, or attitudes of existing CRP contract Oklahoma and 43 percent of the CRP if livestock numbers are sufficient to holders in Kansas, where much of the planted in Texas were planted to contribute to soil compaction. existing CRP land occurs, revealed that introduced grasses (Farm Service Currently, managed haying may occur slightly over 36 percent of landowners Agency 2013, p. 87). Where introduced once every three years in Kansas, with an existing contract had made no grasses were planted, lesser prairie- Oklahoma, and Texas; once every five plans or were uncertain about what they chickens did not demonstrate a range years in New Mexico; and once every would do once the CRP contract expired expansion or an increase in population ten years in Colorado. Managed grazing (Diebel et al. 1993, p. 35). An equal size (Rodgers and Hoffman 2005, p. frequency is currently established at percentage stated that they intended to 123). once in every three years for Kansas, keep lands in grass for livestock grazing An analysis of lesser prairie-chicken New Mexico, Oklahoma and Texas; and (Diebel et al. 1993, p. 35). About 24 habitat quality within a subsample of once every five years in Colorado. percent of enrolled landowners 1,019 CRP contracts across all five lesser Older, unexpired contracts may have expected they would return to annual prairie-chicken States was recently slightly different restrictions than those crop production in accordance with conducted by the Rocky Mountain Bird currently described. The FSA estimates existing conservation compliance Observatory (Ripper and VerCauteren that managed haying and grazing provisions (Diebel et al. 1993, p. 35). 2007, entire). They found that, typically occurs on five percent or less The participating landowners stated that particularly in Oklahoma and Texas, of the enrolled acres within the lesser market prices for crops and livestock contracts executed during earlier signup prairie-chicken range States. Acres was the most important factor periods allowed planting of subject to emergency haying and grazing influencing their decision, with monocultures of exotic grasses, such as activities are more substantial. The availability of cost sharing for fencing Bothriochloa sp. (old-world bluestem) greatest proportion of emergency hayed and water development for livestock and Eragrostis curvula (weeping or grazed lands in recent years occurred also being an important consideration. lovegrass), which provide poor-quality in 2012 (23 percent), 2011 (21 percent) However, only a small percentage, about habitat for lesser prairie-chicken (Ripper and 2006 (12.4 percent). Emergency 15 percent, were willing to leave their and VerCauteren 2007, p. 11). grazing is the predominant use, CRP acreages in permanent cover after Correspondingly, a high-priority occurring on over 60 percent of the contract expiration where incentives conservation recommendation from this acres subject to emergency haying and were lacking (Diebel et al. 1993, p. 8).

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Although demand for agricultural signup for individual landowners began close of 1969 all of the contracts had commodities and the opinions of the May 20, 2013, and expired June 14, expired and approximately 80 percent landowners are important, existing and 2013. Between September 30, 2013, and of the Soil Bank lands were back in future agricultural policy is expected to October 31, 2013, the FSA reported the cultivation by the mid-1970s (Laycock have the largest influence on the fate of net loss of 142,425 ha (351,939 ac) from 1991, p. 3; Heimlich and Kula, 1991, p. CRP (Heimlich and Kula 1990, p.10). CRP in the five States that comprise the 17). The CRP was most recently renewed lesser prairie-chicken estimated Should similar large-scale loss or under the Agricultural Act of 2014, occupied range; these lands will be reductions in CRP acreages occur, either which was signed by the President on eligible for conversion back to cropland by reduced enrollments or by February 7, 2014. The Agricultural Act production or other uses in 2014. Of the conversion back to cultivation upon of 2014 provides $5 billion annually in 358,741 ha (886,468 ac) in the five expiration of existing contracts, the loss conservation funding through fiscal year States that expired from CRP enrollment of CRP acreage would further diminish 2018 and extends the CRP authority on September 30, 2013, 218,162 ha the amount of suitable lesser prairie- through 2018. Because the Agricultural (539,091 ac) were reenrolled and chicken habitat. This concern is Act of 2014 was just recently signed into 140,578 ha (347,375 ac) were not particularly relevant in Kansas where law, the USDA will be responsible for reenrolled. The opportunity to reenroll CRP acreages planted to native grass its implementation, and their next steps or extend existing CRP contracts is mixtures facilitated an expansion of the include initiation of the rule-making generally based on the relative area estimated to be occupied lesser process for many of the conservation environmental benefits of each contract. prairie-chicken range in that State. In program changes including those in The Agricultural Act of 2014, however, States that planted a predominance of CRP. Some of the changes in the CRP as adds authority for enrollment of 809,371 CRP to exotic grasses, loss of CRP in a result of enactment of the new ha (2 million ac) of working grasslands those States would not be as significant. authority include: in CRP, thereby replacing Grassland A reduction in CRP acreage could lead • The reduction in the acreage cap (as Reserve Program contracts. Working to contraction of the estimated occupied mentioned earlier in this final rule); grasslands are defined as grasslands, range and reduced numbers of lesser • allowance of emergency haying and including improved range or prairie-chicken rangewide and poses a grazing use without a penalty in the pasturelands, that contain forbs or threat to existing lesser prairie-chicken rental rate paid to the landowner; shrublands for which grazing is the populations. While the CRP program • allowance of managed haying at predominate use. As part of this change, has had a beneficial effect on the lesser least every 5 years but not more than enrollment priority of working prairie-chicken by addressing the every 3 years for a 25 percent rental rate grasslands can be given to expiring CRP primary threat of habitat loss and reduction; contracts. fragmentation, particularly in Kansas, • allowance of routine grazing no Between 2014 and 2018 (the year the the contracts are of short duration (10– more often than once every 2 years; CRP authority expires under the 15 years) and, given current government • allowance of wind turbine Agricultural Act of 2014), the FSA efforts to reduce the Federal budget installation with due consideration of reports that 743,805 ha (1,837,983 ac) of deficit, additional significant new threatened or endangered wildlife; and enrolled CRP lands of all signup types enrollments in CRP are not anticipated. • allowance for landowners to make within the five States where the lesser However, we anticipate that some CRP conservation and land improvements for prairie-chicken occurs will expire. It is grassland acreages would be reenrolled economic use 1 year before contract not yet known whether or not these in the program once contracts expire, expiration. lands will be reenrolled in the program. subject to the established acreage cap. The FSA anticipates preparation of a More specifically, the FSA estimates A recent analysis of CRP by the supplemental programmatic that 83, 961 ha (207,471 acres) of CRP Natural Resources Conservation Service environmental impact statement within the EOR + 10 will annually be (Ungerer and Hagen, 2012, pers. comm.) assessing potential changes to the CRP, converted back to cropland after revealed that between 2008 and 2011, including the reduction of the CRP contract termination (FSA 2013, p. 181). approximately 273,160 ha (675,000 ac) enrollment cap, in 2014 (78 FR 71561). The FSA states that it intends to enroll of CRP contracts expired within the The possibility exists that escalating an equivalent amount so there is no net estimated occupied range, the majority grain prices due to the potential to loss of reserved lands. However, the located in Kansas. Many of those generate domestic energy from biofuels, FSA is uncertain as to the likelihood of expired lands remained in grass. Values such as ethanol from corn, grain maintaining a no net loss of CRP lands. varied from a low of 72.4 percent sorghum, and switchgrass, combined The history of the Soil Bank Program remaining in grass in Colorado to a high with Federal budget reductions that provides additional insight into the of 97.5 percent in New Mexico. Kansas reduce or eliminate CRP enrollments possible future outcomes of CRP. The was estimated to have 90.2 percent of and renewals, will result in an Soil Bank Program was initiated in 1956 the expired acres during this period still unprecedented conversion of existing as a voluntary program intended to in grass. Values for Oklahoma and Texas CRP acreage within the Great Plains divert land from crop production by had not yet been determined. We expect back to cropland (Babcock and Hart establishing a permanent vegetative that many of the acreages that remain in 2008, p. 6). Between 2007 and 2013, cover on the contracted lands. The grass in New Mexico are likely Statewide enrollment in CRP within the contracts ran for periods of three to ten composed of exotic species of grasses. five States where lesser prairie-chicken years and enrollment peaked between Despite a small overall loss in CRP occurs decreased from 4,641,580 ha 1960 and 1961. At the peak of the acreage, we are encouraged by the (11,469,593 ac) to 3,516,361 ha program there were 306,000 farms with relatively high percentage of CRP that (8,689,117 ac). This reduction of about 11.6 million ha (28.7 million ac) remains in grass. However, we remain 1,125,219 ha (2,780,476 ac) not only under contract (Laycock 1991, p. 3; concerned that the potential for accounts for lands not re-enrolled in Heimlich and Kula, 1991, p. 17). The significant loss of CRP acreages remains, CRP and loss of lands due to attrition, Great Plains supported about half of the particularly considering the lack of but also accounts for new enrolled total acreage where much of the area financial incentive for Kansas lands. The most recent CRP general was seeded to perennial grasses. By the landowner and the survey of

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prospective land use changes, as abundance and distribution of lesser Hamerstrom 1961, pp. 289–290; Davis et previously discussed above. The prairie-chickens in some areas, we al. 1979, pp. 56, 116; Taylor and importance of CRP to lesser prairie- expect these lands to be subject to Guthery 1980a, p. 2; Bidwell and chickens, particularly in Kansas, is high conversion back to cropland as Peoples 1991, pp. 1–2). and continued loss of CRP within the economic conditions change in the Livestock grazing most clearly affects estimated occupied range would be future possibly reducing the overall lesser prairie-chickens when it alters the detrimental to lesser prairie-chicken benefit of the CRP to the lesser prairie- composition and structure of mixed- conservation. chicken. A similar conservation grass habitats used by the species. We also remain concerned about the program, the Soil Bank, was ineffective Domestic livestock and native ungulates future value of these grasslands to the in securing permanent gains in differentially alter native prairie lesser prairie-chicken. We assume that grassland acres over the long term. vegetation, in part through different many of these CRP grasslands that While we acknowledge the short-term foraging preferences (Steuter and remain in grass after their contract conservation value of CRP, we do not Hidinger 1999, pp. 332–333; Towne et expires could be influenced by factors anticipate that CRP, at current and al. 2005, p. 1557). Additionally, addressed elsewhere in this final rule. anticipated funding levels, will cause domestic livestock grazing, particularly Encroachment by woody vegetation, significant, permanent increases in the when confined to small pastures, often fencing, wind power development, and extent of native grassland within the is managed in ways that produce more construction of associated transmission range of the lesser prairie-chicken uniform utilization of forage and greater lines have the potential to reduce the (Coppedge et al. 2001, p. 57; Drummond total utilization of forage, in comparison value of these areas even if they 2007, p. 142). Consequently, CRP to conditions produced historically by continue to remain in grass. Unless grasslands alone are not adequate to free-ranging plains bison (Bison bison) specific efforts are made to target provide for the long-term persistence of herds. For example, grazing by domestic enrollment of CRP in areas important to the species, particularly when the livestock tends to be less patchy, lesser prairie-chickens, future known threats to the lesser prairie- particularly when livestock are confined enrollments likely will do little to chicken are considered cumulatively. to specific pastures, creating a more reduce fragmentation or enhance uniform grass coverage and height that connectivity between existing Livestock Grazing is not optimal for lesser prairie- populations. Considering much of the Habitats used by the lesser prairie- chickens. Such management practices existing CRP in Kansas was identified as chicken are naturally dominated by a and their consequences may actually supporting large blocks of suitable diversity of drought-tolerant perennial exceed the effect produced by habitat, as discussed above, fracturing of grasses and shrubs. Grazing has long differences in livestock forage these blocks into smaller, less suitable been an ecological driving force within preferences (Towne et al. 2005, p. 1558) parcels by the threats identified in this the ecosystems of the Great Plains but, in any case, produce an additive final rule would reduce the value of (Stebbins 1981, p. 84), and much of the effect on plant community these grasslands for lesser prairie- untilled grasslands within the range of characteristics. chickens. Additionally, Fuhlendorf et the lesser prairie-chicken continue to be The effects of livestock grazing, al. 2002b, p. 405) estimated that grazed by livestock and other animals. particularly overgrazing or cropland areas that have been restored The evolutionary history of the mixed- overutilization, are most readily to native mixed grass prairie may take grass prairie has produced endemic bird observed through changes in plant at least 30 to 50 years to fully recover species adapted to an ever-changing community composition and other from the effects of cultivation. The 10– mosaic of lightly to severely grazed vegetative characteristics (Fleischner 15 year duration of CRP contracts, grasslands (Bragg and Steuter 1996, p. 1994, pp. 630–631; Stoddart et al. 1975, therefore, may not be long enough to 54; Knopf and Samson 1997, pp. 277– p. 267). Typical vegetative indicators allow the grasslands to recover from 279, 283). Historically the interaction of include changes in the composition and previous cultivation, thereby calling fire, drought, prairie dogs and large proportion of desired plant species and into question the long-term value of ungulate grazers created and maintained overall reductions in forage. Plant these grasslands for lesser prairie- distinctively different plant height and density may decline, chickens. communities in the western Great Plains particularly when plant regeneration is In summary, we recognize that lands that resulted in a mosaic of vegetation hindered, and community composition already converted to cultivated structure and composition that shifts to show increased proportions of agriculture are located throughout the sustained lesser prairie-chickens and less desirable forage species. Stocking estimated historical and occupied range other grassland bird populations (Derner rate and weather account for a majority of the lesser prairie-chicken and are, et al. 2009, p. 112). As such, grazing by of the variability associated with plant therefore, perpetuating continuing domestic livestock is not inherently and grazing animal production on habitat fragmentation within the range detrimental to lesser prairie-chicken rangelands (Briske et al. 2008, p. 8). of the lesser prairie-chicken. We expect management. For example, appropriate Stocking rate is a function of the that CRP will continue to provide a grazing levels or stocking rates can help number of animals being grazed, land means of temporarily addressing this ensure grass cover in brood rearing area under grazing management, and threat by restoring cropland to grassland habitat is not so dense that movements time; and, is the most consistent cover and provide habitat for lesser of the chicks are hindered. However, variable land managers have available to prairie-chickens where planting grazing practices that tend to maximize influence plant and animal response to mixtures and maintenance activities are livestock weight gain and production grazing (Briske et al. 2008, pp. 5–8). appropriate. However, we expect that, produce habitat conditions that differ in Chronic intensive grazing is detrimental in spite of the temporary benefits significant ways from the historical to plants and can be addressed by rest provided by CRP, most of the areas mosaic by reducing the amount of and deferment (periodic cessation of already in agricultural production will habitat in an ungrazed to lightly grazed grazing), particularly during growing remain so into the future. While CRP condition. The more heavily altered season when plant growth is often has contributed to the restoration of conditions are less suitable for the lesser rapid. Plants need to recover following grassland habitats and has influenced prairie-chicken (Hamerstrom and defoliation, including that caused by

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grazing, in order to promote plant insects utilized by lesser prairie-chicken for livestock) and water management growth and sustainability. Low stocking chicks is reduced. Many effects of regimes (usually to provide water rates tend to promote plant production overgrazing and overutilization on supplies for livestock). Current grazing while higher stocking rates reduce plant habitat quality are similar to effects management strategies are commonly production by decreasing leaf area per produced by drought and likely are implemented in ways that are vastly unit ground area (Briske et al. 2008, pp. exacerbated by actual drought different and less variable than 8–9). Excessive stocking rates often are conditions (Davis et al. 1979, p. 122; historical conditions (Knopf and unsustainable over time (Briske et al. Merchant 1982, pp. 31–33) (see separate Sampson 1997, pp. 277–79). These 2008, p. 9). discussion under ‘‘Drought’’ in practices have contributed to overall Grazing management favorable to ‘‘Extreme Weather Events’’ below). changes in the composition and persistence of the lesser prairie-chicken Fencing is a fundamental tool of structure of mixed-grass habitats, often must ensure that a diversity of plants livestock management and is often making them less suitable for the lesser and cover types, including shrubs, essential to proper herd management. prairie-chicken. Further, the impacts of remain on the landscape (Taylor and However, fencing, particularly at higher grazing are amplified during drought Guthery 1980a, p. 7; Bell 2005, p. 4), densities, can contribute to structural conditions, which limit the ability of and that utilization levels leave fragmentation of the landscape and plants to recover after being grazed by sufficient cover in the spring to ensure hinder efforts to conserve native livestock. that lesser prairie-chicken nests are grasslands on a landscape scale (Samson Livestock are known to inadvertently adequately concealed from predators et al. 2004, p. 11–12). Fencing and flush lesser prairie-chickens and (Davis et al. 1979, p. 49; Wisdom 1980, related structural fragmentation can be trample lesser prairie-chicken nests p. 33; Riley et al. 1992, p. 386; Giesen particularly detrimental to the lesser (Toole 2005, p. 27; Pitman et al. 2006a, 1994a, p. 98). Under any grazing regime, prairie-chicken in areas, such as western pp. 27–29). This can cause direct the canopy cover of preferred grasses Oklahoma, where initial settlement mortality to lesser prairie-chicken eggs should be at least 20 to 30 percent with patterns favored larger numbers of or chicks or may cause adults to variable grass heights that average no smaller parcels for individual settlers permanently abandon their nests, again less than 15 inches (Van Pelt et al. 2013, (Patten et al. 2005b, p. 245). Fencing resulting in loss of young. For example, pp. 75–76). Canopy cover of shrubs large numbers of small parcels increases Pitman et al. (2006a, pp. 27–29) should be between 10 and 50 percent, the density of fences on the landscape, estimated nest loss from trampling by depending on whether the dominant increasing opportunities for lesser cattle to be about 1.9 percent of known shrub is sand sagebrush or shinnery oak prairie-chickens to encounter fences nests. Additionally, even brief flushings and whether the area is being used for during flight. Fencing not only of adults from nests can expose eggs and nesting or brood-rearing (Van Pelt et al. contributes to direct mortality through chicks to predation and extreme 2013, pp. 75–76). Forb cover that forceful collisions during flight, but also temperatures. Although documented, exceeds 10 percent is preferred. can indirectly lead to mortality by the significance of direct livestock Utilization rates (percentage of annual creating hunting perches used by effects on the lesser prairie-chicken is forage production that is harvested by raptors and by facilitating corridors that largely unknown. the grazing livestock) will vary may enhance movements of mammalian Detailed, rangewide information is depending on a variety of factors but predators (Wolfe et al. 2007, pp. 96–97, lacking on the extent, intensity, and should strive to provide vegetative 101). In addition, the presence of fence forms of recent grazing, and associated structure that meets the above criteria. posts can cause general habitat effects on the lesser prairie-chicken. The rangewide plan has more detailed avoidance and displacement in lesser However, livestock grazing is information on appropriate habitat for prairie-chickens, which is presumably a widespread within the five lesser lesser prairie-chickens and indicates behavioral response that serves to limit prairie-chicken States and occurs over a that annual utilization rates of 33 exposure to predation. However, not all large portion of the area currently percent or less, on average, under fences present the same mortality risk to occupied by lesser prairie-chickens; typical range conditions are most lesser prairie-chickens. Mortality risk thus, any habitat degradation resulting beneficial to lesser prairie-chickens would appear to be dependent on from livestock grazing is likely to (Van Pelt et al. 2013, pp. 75–76; 150). factors such as fencing design (height, produce population-level impacts on Where grazing regimes leave limited type, number of strands), landscape the lesser prairie-chicken. Kansas, residual cover, as described above, in topography, and proximity to habitats, Oklahoma and Texas collectively the spring, protection of lesser prairie- particularly leks, used by lesser prairie- support 24 percent of all the cattle in chicken nests may be inadequate and chickens. Other factors such as the the United States; these three States are desirable food plants can be scarce (Bent length and density of fences also appear also within the top five States for cattle 1932, p. 280; Cannon and Knopf 1980, to influence the effects of these numbers as of January 2013 (National pp. 73–74; Crawford 1980, p. 3). structures on lesser prairie-chickens. Agricultural Statistics Service 2013, p. Because lesser prairie-chickens depend However, we are not aware of any 5). Where uniform grazing regimes have on medium and tall grass species that studies on the impacts of different left inadequate residual cover in the are preferentially grazed by cattle, in fencing designs and locations with spring, detrimental effects to lesser regions of low rainfall, the habitat is respect to collision mortality in lesser prairie-chicken populations have been easily overgrazed in regard to prairie-chickens. Additional discussion observed (Bent 1932, p. 280; Davis et al. characteristics (i.e. medium and tall related to impacts of collisions with 1979, pp. 56, 116; Cannon and Knopf grass species) needed by lesser prairie- fences and similar linear features are 1980, pp. 73–74; Crawford 1980, p. 3; chickens (Hamerstrom and Hamerstrom found in the Collision Mortality section Bidwell and Peoples 1991, pp. 1–2; 1961, p. 290). In addition, when below. Riley et al. 1992, p. 387; Giesen 1994a, grasslands are in a deteriorated Recent rangeland management p. 97). Some studies have shown that condition due to overgrazing and includes influential elements besides overgrazing in specific portions of the overutilization, the soils have less livestock species selection, grazing lesser prairie-chicken’s inhabited range water-holding capacity, and the levels, and fencing, such as applications has been detrimental to the species. availability of succulent vegetation and of fire (usually to promote forage quality Taylor and Guthery (1980a, p. 2)

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believed overgrazing explained the forms of habitat loss and degradation States (Patten et al. 2005b, p. 245). In demise of the lesser prairie-chicken in described herein. Therefore, keeping Oklahoma, settlement typically portions of Texas but thought lesser lands in appropriately managed involved smaller areas of land prairie-chickens could maintain low rangeland is a key component of lesser ownership when compared with New populations in some areas with high- prairie chicken conservation. Mexico, leading to a higher density of fences per unit area. Higher density of intensity, long-term grazing. In New Collision Mortality Mexico, Patten et al. (2006, pp. 11, 16) fences contributed to the higher found that grazing did not have an Wire fencing is ubiquitous throughout collision rates observed in Oklahoma. overall influence on where lesser the Great Plains as the primary means With between 14 and 42 percent of prairie-chickens occurred within their of confining livestock to ranches and adult lesser prairie-chicken mortality study areas, but there was some pastures or excluding them from areas currently attributable to collision with evidence that the species did not nest in not intended for grazing, such as CRP human-induced structures, Wolfe et al. portions of the study area subjected to lands, agricultural fields, and public (2007, p. 101) assert that fence collisions cattle grazing. In some areas within roads. As a result, thousands of miles of will negatively influence long-term lesser prairie-chicken range, long-term fencing, primarily barbed wire, have population viability for lesser prairie- high-intensity grazing results in reduced been constructed throughout lesser chickens. Precisely quantifying the availability of lightly grazed habitat prairie-chicken range. Like most scope of the impact of fence collisions available to support successful nesting grassland wildlife throughout the Great rangewide is difficult due to a lack of (Jackson and DeArment 1963, p. 737; Plains, the lesser prairie-chicken relevant information, such as the extent Davis et al. 1979, pp. 56, 116; Taylor evolved in open habitats free of vertical and density of fencing within the and Guthery 1980a, p. 12; Davies 1992, structures or flight hazards, such as estimated occupied range. However, we pp. 8, 13). linear wires. Until recently, unnatural presume that hundreds of miles of linear features such as fences, power fences are constructed or replaced In summary, domestic livestock lines, and similar wire structures were annually within the estimated historical grazing (including management seldom perceived as a significant threat and occupied ranges of the lesser practices commonly used to benefit at the population level (Wolfe et al. prairie-chicken, based on the extent of livestock production) has altered the 2007, p. 101). Information on the livestock grazing within these regions. composition and structure of mixed- influence of vertical structures is We presume that only rarely are old grass habitats historically used by the provided elsewhere in this document. fences (also see discussion in Summary lesser prairie-chicken. Much of the Mortality of prairie grouse caused by of Ongoing and Future Conservation remaining remnants of mixed-grass collisions with power lines has been Efforts section for more information on prairie and rangeland, while still occurring for decades, but the overall fence removal). While we are unable to important to the lesser prairie-chicken, extent is largely unmonitored. Proximity quantify the amount of new fencing exhibit conditions quite different from to power lines has been associated with being constructed, collision with fences those that prevailed prior to extirpations of Gunnison and greater and other linear features, such as power EuroAmerican settlement. These sage-grouse due to collisions and lines, is likely an important source of changes have considerably reduced the predation (Wisdom et al. 2011, pp. 467– mortality for lesser prairie-chicken, but suitability of remnant areas as habitat 468). Leopold (1933, p. 353) mentions a primarily in localized areas where the for lesser prairie-chickens. Where two-cable transmission line in Iowa density of these structures on the habitats are no longer suitable for lesser where the landowner would find as landscape is high. prairie-chicken, these areas can many as a dozen dead or injured greater Fence collisions are known to be a contribute to fragmentation within the prairie-chickens beneath the line significant source of mortality in other landscape even though they may remain annually. Prompted by recent reports of grouse. Moss (2001, p. 256) modeled the in native prairie. Where improper high collision rates in species of estimated future population of livestock grazing has degraded native European grouse (Petty 1995, p. 3; capercaille grouse (Tetrao urogallus) in grasslands and shrublands, we do not Baines and Summers 1997, p. 941; Scotland and found that, by removing expect those areas to significantly Bevanger and Broseth 2000, p. 124; fence collision risks, the entire Scotland contribute to persistence of the lesser Bevanger and Broseth 2004, p. 72) and breeding population would consist of prairie-chicken, particularly when seemingly unnatural rates of mortality 1,300 females instead of 40 females by considered cumulatively with the in some local populations of lesser 2014. Similarly, recent experiments influence of the other known threats. prairie-chicken, the Sutton Center began involving fence marking to increase However livestock grazing is not to investigate collision mortality in visibility resulted in a 71 percent overall entirely detrimental to lesser prairie- lesser prairie-chickens. From 1999 to reduction in grouse collisions in chickens, provided grazing management 2004, researchers recovered 322 Scotland (Baines and Andrew 2003, p. provides habitat that is suitable for carcasses of radio-marked lesser prairie- 174). lesser prairie-chickens. When chickens in New Mexico, Oklahoma, As previously discussed, collision appropriately managed, livestock and portions of the Texas panhandle. and mortality risk appears to be grazing can reduce grass density to For lesser prairie-chickens in which the dependent on factors such as fencing facilitate movements of broods and cause of death could be determined, 42 design (height, type, number of strands), enhance the production and diversity of percent of mortality in Oklahoma was length, and density, as well as forbs that provide insects particularly attributable to collisions with fences, landscape topography and proximity of important to the diet of chicks. Thus, we power lines, or automobiles. In New fences to habitats used by lesser prairie- conclude that livestock grazing is not a Mexico, only 14 percent of mortality chickens. Although single-strand, threat if conducted appropriately such could be traced to collision. The electric fences may be a suitable that sufficient residual vegetation difference in rates of observed collision substitute for multiple strand barbed- remains to provide cover for lesser between States was attributed to wire fences, and possibly lead to prairie-chickens. Negative impacts from differences in the amount of fencing on reduced fence collisions, we have no livestock grazing are also usually the landscape resulting from differential information demonstrating such is the reversible, unlike many of the other land settlement patterns in the two case. However, marking the top two

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strands of barbed-wire fences increases 2.3 million ha (over 5.6 million ac), grasses predominate (Slosser et al. 1985, their visibility and may help minimize although its current range has been p. 384). Fire is typically used to remove incidence of collision (Wolfe et al. 2009, considerably reduced through the leaf litter, and then tebuthiuron, an entire). eradication (Mayes et al. 1998, p. 1609). herbicide, is used to remove shinnery In summary, power lines and The distribution of shinnery oak oak (Plains Cotton Growers 1998, pp. 2– unmarked wire fences are known to overlaps much of the estimated 3). Prior to the late 1990s, cause injury and mortality of lesser occupied lesser prairie-chicken range in approximately 40,469 ha (100,000 ac) of prairie-chickens, although the specific New Mexico, southwestern Oklahoma, shinnery oak in New Mexico and rangewide impact on lesser prairie- and Texas panhandle region (Peterson 404,685 ha (1,000,000 ac) of shinnery chickens is largely unquantified. and Boyd 1998, p. 2). Sand sagebrush oak in Texas were lost due to the However, the prevalence of fences and tends to be the dominant shrub in lesser application of tebuthiuron and other power lines within the species’ range prairie-chicken range in Kansas and herbicides for agriculture and range and studies showing significant impacts Colorado as well as portions of improvement (Peterson and Boyd 1998, to other grouse species suggest these northwestern Oklahoma, the northeast p. 2). structures may have at least localized, if Texas panhandle, and northeastern New Once shinnery oak is eradicated, it is not widespread, detrimental effects. Mexico. unlikely to recolonize treated areas. While some conservation programs have Control or eradication of sand Shinnery oak is a rhizomatous shrub emphasized removal of unneeded sagebrush occurs within the lesser that reproduces very slowly and does fences, we conclude that, without prairie-chicken range (Rodgers and not invade previously unoccupied areas substantially increased removal efforts, Sexson 1990, p. 494), but the extent is (Dhillion et al. 1994, p. 52). Shinnery a majority of existing fences will remain unknown. Control or eradication of sand oak rhizomes do not appear to be viable on the landscape indefinitely because sagebrush appears to be more prevalent in sites where the plant was previously they are used to manage livestock in other parts of the western United eradicated, even decades after grazing on many private lands. Existing States. Other species of shrubs, such as treatment. While shinnery oak has been fences likely operate cumulatively with skunkbush sumac or Prunus germinated successfully in a laboratory other mechanisms described in this angustifolia (Chicksaw plum), also have setting (Pettit 1986, pp. 1, 3), little final rule to diminish the ability of the been the target of treatment efforts. The documentation exists that shinnery oak lesser prairie-chicken to persist, herbicide 2,4-D has been commonly acorns successfully germinate in the particularly in areas with a high density used to control sand sagebrush (Thacker wild (Wiedeman 1960, p. 22; Dhillion et of fences. et al. 2012. p. 517). Use of 2,4-D in sand al. 1994, p. 52). In addition, shinnery sagebrush communities reduced habitat oak produces an acorn crop in only Shrub Control and Eradication structure and sand sagebrush density about 3 of every 10 years (Pettit 1986, Shrub control and eradication are and cover (Thacker et al. 2012. p. 518). p. 1). additional forms of habitat alteration Application of this herbicide was not While lesser prairie-chickens are that can influence the availability and found to increase the density of found in Colorado and Kansas where suitability of habitat for lesser prairie- perennial forbs or forb species richness preferred habitats lack shinnery oak, the chickens (Jackson and DeArment 1963, (Thacker et al. 2012. p. 518). However importance of shinnery oak as a pp. 736–737). Herbicide applications annual forb density did increase in component of lesser prairie-chicken (primarily 2,4-dichlorophenoxyacetic pastures that were treated prior to 1985 habitat has been demonstrated by acid (2,4-D) and tebuthiuron) to reduce where time since treatment allowed several studies (Fuhlendorf et al. 2002a, or eliminate shrubs from native annual forbs to recover post treatment. pp. 624–626; Bell 2005, pp. 15, 19–25). rangelands is a common ranching Typically use of 2,4-D suppressed sand In a study conducted in west Texas, practice throughout much of lesser sagebrush densities for over 20 years, Haukos and Smith (1989, p. 625) prairie-chicken range, primarily with no increase in the abundance of documented strong nesting avoidance intended to increase forage production grasshoppers, an important food item by lesser prairie-chickens of rangelands for livestock. Through foliar (2,4-D) or for lesser prairie-chickens (Thacker et where shinnery oak had been controlled pelleted (tebuthiuron) applications, al. 2012. p. 520). Consequently, Thacker with the herbicide tebuthiuron, these herbicides are designed to et al. (2012, p. 521) cautioned against demonstrating a preference for habitats suppress or kill, by repeated defoliation, use of 2,4-D for lesser prairie-chicken with a shinnery oak component. Similar dicotyledonous plants such as forbs, habitat management in the absence of behavior was confirmed by three recent shrubs, and trees, while causing no research documenting its impacts on studies, explained below, in New significant damage to monocotyledon lesser prairie-chicken productivity, Mexico examining aspects of lesser plants such as grasses. particularly when nesting cover is prairie-chicken habitat use, survival, As defined here, shrub control limited. and reproduction relative to shinnery includes efforts that are designed to Shinnery oak is toxic to cattle when oak density and herbicide application to have a relatively short-term, temporary it first produces leaves in the spring, control shinnery oak. effect, generally less than 4 to 5 years, and it also competes with more First, Bell (2005, pp. 20–21) on the target shrub. Eradication consists palatable grasses and forbs for water and documented strong thermal selection for of efforts intended to have a more long- nutrients (Peterson and Boyd 1998, p. and dependency of lesser prairie- term or lasting effect on the target shrub. 8), which is why it is a common target chicken broods on dominance of Control and eradication efforts have for control and eradication efforts. In shinnery oak in shrubland habitats. In been applied to both shinnery oak and areas where Gossypium spp. (cotton) is this study, lesser prairie-chicken hens sand sagebrush dominated habitats, grown, shinnery oak was managed to and broods used sites within the although most shrub control and control boll weevils (Anthonomus shinnery oak community that had a eradication efforts are primarily focused grandis), which can destroy cotton statistically higher percent cover and on shinnery oak. The shinnery oak crops (Slosser et al. 1985, entire). Boll greater density of shrubs. Within these vegetation type is endemic to the weevils overwinter in areas where large sites, microclimate differed statistically southern Great Plains and is estimated amounts of leaf litter accumulate but between occupied and random sites, to have historically covered an area of tend not to overwinter in areas where and lesser prairie-chicken survival was

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statistically higher in microhabitat that out and are less dependent on short but the specific extent is not was cooler, more humid, and less term precipitation, providing suitable enumerated. Thinning of shinnery oak exposed to the wind. Survivorship was cover for lesser prairie-chicken during is addressed under the brush statistically higher for lesser prairie- short term drought. management practice. Total acres chickens that used sites with greater In contrast, McCleery et al. (2007, pp. estimated to be treated under the brush than 20 percent cover of shrubs than for 2135–2136) argued that the importance management practice in the shinnery those choosing 10–20 percent cover; in of shinnery oak habitats to lesser oak ecosystem is 19,230 ha (47,520 ac), turn, survivorship was statistically prairie-chickens has been however, thinning is expected to be higher for lesser prairie-chickens overemphasized, primarily based on used only in limited circumstances choosing 10–20 percent cover than for occurrence of the species in areas (Shaughnessy 2013, pp. 50, 54). those choosing less than 10 percent outside of shinnery oak dominated The BLM, through the Restore New cover. Similarly, Copelin (1963, p. 42) habitats. We agree that shinnery oak Mexico program, also treats mesquite stated that he believed the reason lesser may not be a rigorously required with herbicides to restore grasslands to prairie-chickens occurred in habitats component of lesser prairie-chicken a more natural condition by reducing with shrubby vegetation was due to the habitat rangewide. However, we find the extent of brush. While some need for summer shade. that shrub cover is an important improvement in livestock forage occurs, In a second study, Johnson et al. component of lesser prairie-chicken the areas are rested from grazing for two (2004, pp. 338–342) observed that habitat, and shinnery oak is a key shrub growing seasons and no increase in shinnery oak was the most common in a large portion of the estimated stocking rate is allowed. Because vegetation type in lesser prairie-chicken occupied range of the species. Recently, mesquite is not readily controlled by hen home ranges. Hens were detected Timmer (2012, pp. 38, 73–74) found that fire, herbicides often are necessary to more often than randomly in or near lesser prairie-chicken lek density treat its invasion. The BLM has treated pastures that had not been treated to peaked when approximately 50 percent approximately 157,018 ha (388,000 ac) control shinnery oak. Although hens of the landscape was composed of and has plans to treat an additional were detected in both treated and shrubland patches consisting of shrubs 140,425 ha (347,000 ac) (Watts 2014, untreated habitats in this study, 13 of 14 less than 5 m (16 ft) tall and comprising pers. comm.). In order to treat nests were located in untreated at least 20 percent of the total encroaching mesquite, BLM aerially pastures, and all nests were located in vegetation. Shrubs are an important treats with a mix of the herbicides areas dominated by shinnery oak. Areas component of suitable habitat and Remedy (triclopyr) and Reclaim immediately surrounding nests also had where shinnery oak occurs, lesser (clopyralid). Although these chemicals higher shrub composition than the prairie-chickens use it both for food and are used to treat the adjacent mesquite, surrounding pastures. This study cover. The loss of these habitats likely some herbicide drift into shinnery oak suggested that treatment of shinnery oak contributed to observed population habitats can occur during application. can adversely impact nesting by lesser declines in lesser prairie-chickens. Oaks are also included on the list of prairie-chickens. Mixed-sand sagebrush and shinnery oak plants controlled by Remedy, and one Finally, a third study showed that rangelands are well documented as use for the herbicide is treatment over the course of four years and five preferred lesser prairie-chicken habitat, specifically for sand shinnery oak nesting seasons, lesser prairie-chicken and long-term stability of shrubland suppression, as noted on the specimen in the core of estimated occupied range landscapes has been shown to be label (Dow AgroSciences 2008, pp. 5, 7). in New Mexico distributed themselves particularly important to the species While Remedy can be used to suppress non-randomly among shinnery oak (Woodward et al. 2001, p. 271). shinnery oak, depending on the rangelands treated and untreated with On BLM-managed lands, where the concentration, the anticipated impacts tebuthiuron (Patten et al. 2005a, pp. occurrence of the dunes sagebrush of herbicide drift into non-target areas 1273–1274). Lesser prairie-chickens lizard and lesser prairie-chicken are expected to be largely short-term strongly avoided habitat blocks treated overlaps, their Resource Management due to differences in application rates with tebuthiuron but were not Plan Amendment (RMPA) states that necessary for the desired treatments. statistically influenced by presence of tebuthiuron may only be used in Forbs are also susceptible to Remedy, cattle grazing. Further, herbicide shinnery oak habitat if there is a 500-m according to the specimen label, and treatment explained nearly 90 percent of (1,600-ft) buffer around dunes, and that may be impacted by these treatments, at the variation in occurrence among no chemical treatments should occur in least temporarily (Dow AgroSciences treated and untreated areas. Over time, suitable or occupied dunes sagebrush 2008, p. 2). Typically, shinnery oak and radio-collared lesser prairie-chickens lizard habitat (BLM 2008, pp. 4–22). In mesquite occurrences do not overlap. spent progressively less time in treated this RMPA (BLM 2008, pp. 16–17), BLM Shinnery oak typically occurs in areas habitat blocks, with almost no use of will allow spraying of shinnery oak in with sandy soils while mesquite is more treated pastures in the fourth year lesser prairie-chicken habitat where it often found in areas where soils have a following herbicide application (25 does not overlap with the dunes higher clay content. Depending on the percent in 2001, 16 percent in 2002, 3 sagebrush lizard. Additionally, the New density of mesquite, these areas may or percent in 2003, and 1 percent in 2004). Mexico State Lands Office and private may not be used by lesser prairie- Although shinnery oak is an important land owners continue to use chickens prior to treatment. food source for lesser prairie-chickens, tebuthiuron to remove shinnery oak for Lacking germination of shinnery oak shinnery oak, particularly in the cattle grazing and other agricultural acorns, timely recolonization of treated Southern High Plains, may be more purposes (75 FR 77809, December 14, areas, or any established propagation or important for microclimate and thermal 2010). In the past, the NRCS’s herbicide restoration method, the application of regulation than as a food source spraying program has treated shinnery tebuthiuron at rates approved for use in (Grisham et al. 2013, entire). Grisham et oak in at least 39 counties within most States can eliminate high-quality al. (2013, p. 7) observed that hens may shinnery oak habitat (Peterson and Boyd lesser prairie-chicken habitat. Large select shrubby areas over grasses in dry 1998, p. 4). Under the Lesser Prairie- tracts of shrubland communities are years, possibly because shrubs, such as chicken Initiative, the NRCS may decreasing, and native shrubs drive shinnery oak, are often the first to leaf conduct some thinning of shinnery oak reproductive output for ground-nesting

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birds in shinnery oak rangelands prairie dog colonies (Tyler and Altered Fire Regimes and Encroachment (Guthery et al. 2001, p. 116). Shackford 2002, p. 43), typically as lek by Invasive, Woody Plants In summary, we conclude that the sites (NRCS 1999b, p. 3; Bidwell et al. Preferred lesser prairie-chicken long-term to permanent removal of 2002, pp. 1–2, 4; NRCS 2011, p. 3). habitat is characterized by expansive native shrubs such as shinnery oak and Application of this rodenticide to regions of treeless grasslands sand sagebrush is an ongoing threat to control black-tailed prairie dogs is interspersed with patches of small the lesser prairie-chicken throughout registered for use in ten States, shrubs (Giesen 1998, pp. 3–4). Prior to the estimated occupied range, but including the five States that comprise extensive EuroAmerican settlement, particularly in New Mexico, Oklahoma, the estimated occupied range of the frequent fires and grazing by large, and Texas. Habitat, which historically lesser prairie-chicken (Vyas et al. 2013, native ungulates helped confine trees included shrubs, in which the shrubs p. 97). Typical application involves like Juniperus virginiana (eastern red are permanently removed may fail to placement of chorophacinone-treated cedar) to river and stream drainages and continue to meet basic needs of the winter wheat at least 15.24 cm (6 in) rocky outcroppings. However, species, such as foraging, nesting, inside the burrow from October 1 to settlement of the southern Great Plains predator avoidance, and March 15th of the following year (Vyas altered the historical disturbance thermoregulation. Nesting habitat et al. 2013, pp. 98–99). Application of regimes and contributed to habitat typically consists primarily of shrubs the bait inside the burrow would fragmentation and conversion of native and native grasses. In some instances, normally make the bait largely grasslands. The frequency and intensity herbicide use may aid in the restoration unavailable to ground foraging, of these disturbances directly of lesser prairie-chicken habitat, granivorous birds, like the lesser prairie- influenced the ecological processes, particular where dense monocultures of chicken. However Vyas et al. (2013, p. biological diversity, and patchiness shinnery oak may exist. However, long 100) confirmed that birds can be typical of Great Plains grassland term to permanent conversion of exposed and ingest the treated bait, at shinnery oak and sand sagebrush least in some instances. While they raise ecosystems, which evolved with shrubland to other land uses contributes the concern that impacts could occur on frequent fire and ungulate herbivory and to habitat fragmentation and poses a a larger scale even when the rodenticide that provided ideal habitat for lesser threat to population persistence. is applied according to label prairie-chickens (Collins 1992, pp. 2003–2005; Fuhlendorf and Smeins Pesticides instructions, the best available information does not confirm that lesser 1999, pp. 732, 737). Once these historical fire and grazing To our knowledge, no studies have prairie-chickens or other western grouse been conducted examining potential species have been affected by prairie regimes were altered, the processes effects of agricultural pesticide use on dog control measures. which helped maintain extensive areas lesser prairie-chicken populations. Although herbicides are applied of grasslands ceased to operate However, impacts from pesticides to within the estimated historical and effectively. Following EuroAmerican other prairie grouse have been occupied ranges, to our knowledge no settlement, fire suppression allowed documented. Of approximately 200 studies have been conducted examining trees, such as eastern red cedar, to begin greater sage grouse known to be feeding potential effects of herbicide use on the invading or encroaching upon in a block of alfalfa sprayed with health of lesser prairie-chickens. neighboring grasslands. Increasing fire dimethoate, 63 were soon found dead, Typically herbicides are applied as a suppression that accompanied and many others exhibited intoxication means of altering vegetation types or settlement, combined with government and other negative symptoms (Blus et al. structure and can indirectly alter habitat programs promoting eastern red cedar 1989, p. 1139). Because lesser prairie- used by lesser prairie-chickens. for windbreaks, erosion control, and chickens are known to selectively feed Information on herbicide application wildlife cover, increased availability of in alfalfa fields (Hagen et al. 2004, p. and its effects on lesser prairie-chicken eastern red cedar seeds in grassland 72), we find there may be cause for habitat is provided in the previous areas (Owensby et al. 1973, p. 256, concern that similar impacts could section on Shrub Control and DeSantis et al. 2011, p. 1838). In occur when pesticides are applied. Eradication above. Oklahoma alone, 1.4 million red cedar Additionally some insect control efforts, Pesticide application, particularly for seedlings were estimated to have been such as grasshopper suppression in agricultural uses, occurs within both the planted in 3,058 km (1,900 mi) of rangelands by the USDA Animal and estimated historical and occupied shelterbelts between 1935 and 1942 Plant Health Inspection Service, treat ranges of the lesser prairie-chicken. (DeSantis et al. 2011, p. 1838). Once economically damaging infestations of While there are opportunities for established, windbreaks and cedar grasshoppers with insecticides. individual lesser prairie-chickens to be plantings for erosion control contributed Treatment could cause reductions in exposed to pesticides, we are not aware to fragmentation of the prairie insect populations consumed by lesser of any specific studies addressing the landscape. Because eastern red cedar is prairie-chickens. However, in the implications of such application on the not well adapted to survive most absence of more conclusive evidence, individual health of lesser prairie- grassland fires due to its thin bark and we do not currently consider chickens. In some instances, such as for shallow roots (Briggs et al. 2002b, p. application of insecticides for most grasshopper control programs, pesticide 290), the lack of frequent fire greatly agricultural purposes to be a threat to applications have the potential to facilitated encroachment by eastern red the species. reduce food availability for lesser cedar. Once trees began to invade these The use of anticoagulant rodenticides prairie-chickens but such effects are formerly treeless prairies, the resulting like Rozol® (active ingredient– expected to be localized in nature. habitat became increasingly unsuitable chlorophacinone) that are used to While the effects can be negative, we do for lesser prairie-chickens. control black-tailed prairie dogs not believe this stressor will impact the Similar to the effects of man-made (Cynomys ludovicianus) also may long term stability or persistence of the vertical structures, the presence of trees present a hazard to lesser prairie- lesser prairie-chicken rangewide and causes lesser prairie-chickens to cease chickens. Lesser prairie-chickens are does not constitute a current threat to using areas of otherwise suitable habitat. known to occasionally use black-tailed the lesser prairie-chicken. Woodward et al. (2001, pp. 270–271)

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documented a negative association non-federal rangeland, by state, where problem appears to be the worst in between landscapes with increased invasive cedars were present. Although northwestern and southwestern woody cover and lesser prairie-chicken their analysis did not specifically target Oklahoma, which overlaps with the population indices. Similarly, the range of the lesser prairie-chicken, range of the lesser prairie-chicken Fuhlendorf et al. (2002a, entire) the general scope of the impact of (Zhang and Hiziroglu 2010, p. 1032). examined the effect of landscape eastern red cedar is apparent. An Considering that southwestern Kansas structure and change on population estimated 20.4 percent of non-federal and the northeastern Texas panhandle dynamics of lesser prairie-chicken in rangeland in Oklahoma has eastern red have comparable rates of precipitation, western Oklahoma and northern Texas. cedar present. Lesser amounts occur in fire exclusion, and grazing pressure as They found that landscapes with Kansas (5.1 percent), Texas (2.6 percent) western Oklahoma, this rate of declining lesser prairie-chicken and Colorado (trace amount). New infestation is likely occurring in many populations had significantly greater Mexico was the only State not currently areas of the estimated occupied lesser increases in tree cover types (riparian, experiencing encroachment by eastern prairie-chicken range. windbreaks, and eastern red cedar red cedar. Ge and Zou (2013, p. 9094) encroachment) than landscapes with Additional information from hypothesized that encroachment of stable or increasing (sustained) lesser Oklahoma and portions of Kansas also eastern red cedar will be an important prairie-chicken populations (Fuhlendorf help demonstrate the significance of this factor affecting suitability of rangelands et al. 2002a, pp. 622, 625). threat to lesser prairie-chicken habitat. within the southern Great Plains well into the future. Based on the observed Tree encroachment into grassland In Riley County, Kansas, within the habitats has been occurring for decades, rate of eastern red cedar expansion in tallgrass prairie region known as the but the extent has been increasing northwestern Oklahoma between 1965 Flint Hills, the amount of eastern red rapidly in recent years (Drake and Todd to 1995, they projected that woody cedar coverage increased over 380 2002, p. 24; Zhang and Hiziroglu 2010, cover would increase 500 percent by percent within a 21-year period (Price p. 1033; Ge and Zou 2013, p. 9094). 2015, assuming control efforts are not and Grabow 2010, as cited in Beebe et Based on the estimated rates of implemented. At these rates, eastern red al. 2010, p. 2). In another portion of the encroachment, tree invasion in native cedar would dominate approximately 20 Flint Hills of Kansas, transition from a grasslands and rangelands has the percent of a typical landscape. Similar tallgrass prairie to a closed canopy potential to render significant portions levels of encroachment are being (where tree canopy is dense enough for of remaining occupied habitat experienced in Kansas and Texas (Ge unsuitable within two to four decades. tree crowns to fill or nearly fill the and Zou 2013, p. 9094). Schmidt and Once a grassland area has been canopy layer so that light cannot reach Wardle (1998, p. 12) predicted that colonized by eastern red cedar, the trees the floor beneath the trees) eastern red eastern red cedar expansion in the Great are mature within 6 to 7 years and cedar forest occurred in as little as 40 Plains would continue into the future provide a plentiful source of seed in years (Briggs et al. 2002a, p. 581). because of limitations on the use of which adjacent areas can readily Similarly, the potential for development prescribed fire and the economic costs become infested with eastern red cedar. of a closed canopy (crown closure) in of mechanical and chemical treatment Eastern red cedar cones (fleshy fruit western Oklahoma is very high (Engle of eastern red cedar over large areas. containing seeds) are readily consumed and Kulbeth 1992, p. 304), and eastern Eastern red cedar is not the only and dispersed by several species of red cedar encroachment in Oklahoma is woody species known to be encroaching migratory and resident birds, many of occurring at comparable rates. Estimates in prairies used by lesser prairie- which favor vertical structure developed by NRCS in Oklahoma chicken. Within the southern- and (Holthuijzen and Sharik 1985, p. 1512, revealed that about 121,406 ha (300,000 western-most portions of the estimated Holthuijzen et al. 1987, p. 1092). Some ac) a year are being invaded by eastern historical and occupied ranges in birds may disperse the seeds red cedar (Zhang and Hiziroglu 2010, p. eastern New Mexico, western considerable distances from the seed 1033). Stritzke and Bidwell (1989, as Oklahoma, and the Texas Panhandle, source (Holthuijzen et al. 1987, p. 1094) cited in Zhang and Hiziroglu 2010, p. mesquite is a common woody invader and passage of the cones through the 1033) estimated that the area infested by within these grasslands and can digestive tract increased seed eastern red cedar increased from over preclude nesting and brood use by germination by 1.5 to 3.5 times 600,000 ha (1.5 million ac) in 1950 to lesser prairie-chickens (Riley 1978, p. (Holthuijzen and Sharik 1985, p. 1512). over 1.4 million ha (3.5 million ac) by vii). Other tall, woody plants, such as Despite the relatively short viability of 1985. By 2002, the NRCS estimated that Juniperus pinchotii (redberry or Pinchot the seeds, typically only one growing eastern red cedar had invaded juniper), Robinia pseudoacacia (black season, the large cone crop, potentially approximately 3.2 million ha (8 million locust), Elaeagnus angustifolia (Russian large seed dispersal ability, and the ac) of prairie and cross timbers habitat olive), and Ulmus pumila (Siberian elm) physiological adaptations of eastern red in Oklahoma (Drake and Todd 2002, p. also can be found in prairie habitats cedar to open, relatively dry sites help 24). Zhang and Hiziroglu (2010, p. 1033) historically and currently used by lesser make the species a successful invader of estimated that eastern red cedar prairie-chickens and may become prairie landscapes (Holthuijzen et al. encroachment in Oklahoma, based on invasive in these areas. For example, in 1987, p. 1094). Most trees are relatively an estimated expansion rate of 308 ha some portions of the Texas panhandle, long-lived species and, once they (762 ac) per day, is expected to exceed Pinchot juniper distribution increased become established in grassland areas, 5 million ha (12.6 million ac) by 2013 by about 61 percent over a 50 year will require intensive management to (). At these rates, the area invaded by period (Ansley et al. 1995, p. 50). All of return areas to a grassland state. eastern red cedar could reach almost 6 these woody invaders can provide perch Specific information documenting the million ha (14.5 million ac) by the year sites for raptors that may prey on lesser extent of eastern red cedar infestation 2020 if control efforts are not prairie-chickens. within the estimated historical and implemented. While the area infested by Mesquite is a particularly effective occupied ranges of the lesser prairie- eastern red cedar in Oklahoma is not woody invader in grassland habitats due chicken is limited. Reeves and Mitchell restricted to the estimated occupied to its ability to produce abundant, long- (2012. p. 92) estimated the percent of range of the lesser prairie-chicken, the lived seeds that can germinate and

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establish in a variety of soil types and for optimizing cattle production, and temperatures, widespread melting of moisture and light regimes (Archer et al. likely to create wind erosion or snow and ice, and rising global sea level 1988, p. 123). Much of the remaining ‘‘blowouts’’ in sandy soils. Often, (Solomon et al. 2007, p.1). The term grasslands and rangelands in the prescribed fire is employed only after ‘‘climate’’, as defined by the IPCC, refers southern portions of the Texas significant tree invasion has already to the mean and variability of different panhandle, including areas within the occurred and landowners consider types of weather conditions over time, estimated occupied range, have been forage production for cattle to have with 30 years being a typical period for invaded by mesquite. Reeves and diminished. Consequently, fire such measurements, although shorter or Mitchell (2012, p. 92) estimated the suppression is common, and relatively longer periods also may be used (IPCC percent of non-federal rangeland in New little prescribed burning occurs on 2007a, p. 78). The IPCC defines the term Mexico, Oklahoma and Texas that has private land. Additionally, in areas ‘‘climate change’’ to refer to a change in been invaded by mesquite. Estimates where grazing pressure is heavy and the mean or variability of one or more ranged from a low of 7.5 percent in fuel loads are reduced, a typical measures of climate (e.g., temperature or western Oklahoma to a high of 47.6 grassland fire may not be intense precipitation) that persists for an percent in Texas. Areas that have been enough to eradicate eastern red cedar extended period, typically decades or invaded by mesquite include portions of (Briggs et al. 2002a, p. 585; Briggs et al. longer, whether the change is due to the estimated occupied range in these 2002b, pp. 293; Bragg and Hulbert 1976, natural variability, human activity, or States. Once established, mesquite can p. 19). Briggs et al. (2002a, p. 582) found both (IPCC 2007a, p. 78). alter nutrient cycles and reduce that grazing reduced potential fuel loads Scientific measurements spanning herbaceous cover (Reeves and Mitchell by 33 percent, and the reduction in fuel several decades demonstrate that 2012, p. 99). Teague et al. (2008, p. 505) load significantly reduced mortality of changes in climate are occurring and reported an average reduction in eastern red cedar post-fire. While that the rate of change has been faster herbaceous biomass of 1,400 kg/ha establishment of eastern red cedar since the 1950s. Examples include (1247.8 lbs/ac) in areas having 100 reduces the abundance of herbaceous warming of the global climate system percent mesquite cover. grassland vegetation, grasslands have a and substantial increases in Although the precise extent and rate significant capacity to recover rapidly precipitation in some regions of the of mesquite invasion is difficult to following cedar control efforts (Pierce world and decreases in other regions. determine rangewide, the ecological and Reich 2010, p. 248). However, both (For these and other examples, see IPCC process by which mesquite and related Van Auken (2000, p. 207) and Briggs et 2007a, p. 30; and Solomon et al. 2007, woody species invades these grasslands al. (2005, p. 244) stated that expansion pp. 35–54, 82–85). Results of scientific has been described by Archer et al. of woody vegetation into grasslands will analyses presented by the IPCC show (1988, pp. 111–127) for the Rio Grande continue to pose a threat to grasslands that most of the observed increase in Plains of Texas. In this study, once a well into the future. global average temperature since the single mesquite tree colonized an area of In summary, invasion of native mid-20th century cannot be explained grassland, this plant acted as the focal grasslands by certain opportunistic by natural variability in climate, and is point for seed dispersal of woody woody species like eastern red cedar ‘‘very likely’’ (defined by the IPCC as 90 species that previously were restricted and mesquite cause otherwise suitable percent or higher probability) due to the to other habitats (Archer et al. 1988, p. grassland habitats to no longer be used observed increase in greenhouse gas 124). Once established, factors such as by lesser prairie-chickens and concentrations in the atmosphere as a overgrazing, reduced fire frequency, and contribute to fragmentation of native result of human activities, particularly drought interacted to enable mesquite grassland habitats. Lesser prairie- carbon dioxide emissions from use of and other woody plants to increase in chickens are grassland obligates and do fossil fuels (IPCC 2007a, pp. 5–6 and density and stature on grasslands not thrive in environments invaded by figures SPM.3 and SPM.4; Solomon et (Archer et al. 1988, p. 112). On their trees like eastern red cedar and al. 2007, pp. 21–35). Further study site near Alice, Texas, they found mesquite. We expect that efforts to confirmation of the role of greenhouse that woody plant cover significantly control invasive, woody species like gasses comes from analyses by Huber increased from 16 to 36 percent between eastern red cedar and mesquite will and Knutti (2011, p. 4), who concluded 1941 and 1983, likely facilitated by continue but that treatment efforts likely it is extremely likely that approximately heavy grazing (Archer et al. 1988, p. will be insufficient to keep pace with 75 percent of global warming since 1950 120). The study site had a history of rates of expansion, especially when has been caused by human activities. heavy grazing since the late 1800s. considering the environmental changes Scientists use a variety of climate However, unlike eastern red cedar, resulting from climate change (see models, which include consideration of mesquite is not as readily controlled by discussion below). Therefore, natural processes and variability, as fire. Wright et al. (1976, pp. 469–471) encroachment by invasive, woody well as various scenarios of potential observed that mesquite seedlings older plants contributes to further habitat levels and timing of greenhouse gas than 1.5 years were difficult to control fragmentation and poses a threat to emissions, to evaluate the causes of with fire unless the above ground lesser prairie-chicken population changes already observed and to project portions of the trees had first been persistence. future changes in temperature and other damaged by an herbicide application, climate conditions (e.g., Meehl et al. Climate Change and the researchers observed that 2007, entire; Ganguly et al. 2009, pp. survival of 2- to 3-year-old mesquite The effects of ongoing and projected 11555, 15558; Prinn et al. 2011, pp. 527, seedlings was as high as 80 percent even changes in climate are appropriate for 529). All combinations of models and following very hot fires. consideration in our analyses conducted emissions scenarios yield very similar Prescribed burning is often the best under the Act. The Intergovernmental projections of increases in the most method to control or preclude tree Panel on Climate Change (IPCC) has common measure of climate change, invasion of native grassland and concluded that warming of the climate average global surface temperature rangeland. However, burning of native in recent decades is unequivocal, as (commonly known as global warming), prairie is often perceived to be evidenced by observations of increases until about 2030. Although projections destructive to rangelands, undesirable in global average air and ocean of the intensity and rate of warming

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differ after about 2030, the overall can be used to help devise appropriate suggests that increased temperatures, as trajectory of all the projections is one of strategies for its recovery. projected by climate models, may lead increased global warming through the Some species of grouse have already to egg death or nest abandonment of end of this century, even for the exhibited significant and measurable lesser prairie-chickens. Furthermore, the projections based on scenarios that negative impacts attributed to climate researchers suggest that if lesser prairie- assume that greenhouse gas emissions change. For example, capercaillie grouse chickens shift timing of reproduction (to will stabilize or decline. Thus, there is in Scotland have been shown to nest later in the year) to compensate for strong scientific support for projections earlier than in historical periods in lower precipitation, then temperature that warming will continue through the response to warmer springs yet reared impacts could be exacerbated. 21st century and that the extent and rate fewer chicks (Moss et al. 2001, p. 58). In 2010, we evaluated three different of change will be influenced The resultant lowered breeding success climate change vulnerability models substantially by the extent of as a result of the described climactic (U.S. Environmental Protection Agency greenhouse gas emissions (IPCC 2007a, change was determined to be the major 2009, draft review; NatureServe 2010; pp. 44–45; Meehl et al. 2007, pp. 760– cause of the decline of the Scottish USDA Rocky Mountain Research 764 and 797–811; Ganguly et al. 2009, capercaillie (Moss et al. 2001, p. 58). Station 2010, in development) to pp. 15555–15558; Prinn et al. 2011, pp. Within the Great Plains, average determine their usefulness as potential 527, 529). (See IPCC 2007b, p. 8, for a temperatures have increased and tools for examining the effects of climate summary of other global projections of projections indicate this trend will change on lesser prairie chickens. climate-related changes, such as continue over this century (Karl et al. Outcomes from our assessment of each frequency of heat waves and changes in 2009, p. 1). Precipitation within the of these models for the lesser prairie- precipitation. Also, see IPCC (2012, southern portion of the Great Plains is chicken suggested that the lesser prairie- entire) for a summary of observations expected to decline, with extreme chicken is highly vulnerable to, and will and projections of extreme climate events such as heat waves, sustained be negatively affected by, projected events.) droughts, and heavy rainfall becoming climate change (Service 2010). Factors more frequent (Karl et al. 2009, pp. 1– Various changes in climate may have identified in the models that increase 2). Seager et al. (2007, pp. 1181, 1183– direct or indirect effects on species. the vulnerability of the lesser prairie- 1184) suggests that ‘dust bowl’ These effects may be positive, neutral, chicken to climate change include, but conditions of the 1930s could be the or negative, and they may change over are not limited to the following: (1) The new climatology of the American species’ limited distribution and time, depending on the species and Southwest, with future droughts being relatively small declining population, other relevant considerations, such as much more extreme than most droughts (2) the species’ physiological sensitivity interactions of climate with other on record. to temperature and precipitation variables (e.g., habitat fragmentation) As a result of changing conditions, the change, (3) specialized habitat (IPCC 2007a, pp. 8–14, 18–19). distribution and abundance of grassland requirements, and (4) the overall limited Identifying likely effects often involves bird species will be affected (Niemuth et ability of the habitats occupied by the aspects of climate change vulnerability al. 2008, p. 220). Warmer air and surface species to shift at the same rate as the analysis. Vulnerability refers to the soil temperatures and decreased soil species in response to climate change. degree to which a species (or system) is moisture near nest sites have been Increasing temperatures, declining susceptible to, and unable to cope with, correlated with lower survival and precipitation, and extended, severe adverse effects of climate change, recruitment in some ground-nesting drought events would be expected to including climate variability and birds such as the bobwhite quail adversely alter habitat conditions, extremes. Vulnerability is a function of (Guthery et al. 2001, pp. 113–115) and reproductive success, and survival of the type, intensity, and rate of climate the lesser prairie-chicken (Bell 2005, pp. the lesser prairie-chicken. While change and variation to which a species 16, 21). On average, lesser prairie- populations of lesser prairie-chicken in is exposed, its sensitivity, and its chickens avoid sites that are hotter, the southwestern part of the range are adaptive capacity (IPCC 2007a, p. 89; drier, and more exposed to the wind likely to be most acutely affected see also Glick et al. 2011, pp. 19–22). (Patten et al. 2005a, p. 1275). Specific to because this area is expected to see There is no single method for lesser prairie-chickens, an increased significant changes in temperature and conducting such analyses that applies to frequency of heavy rainfall events could precipitation (Grisham et al, 2013, all situations (Glick et al. 2011, p. 3). We negatively affect their reproductive entire), populations throughout the use our expert judgment and success (Lehmann 1941 as cited in entire estimated occupied range, appropriate analytical approaches to Peterson and Silvy 1994, p. 223; including Colorado and Kansas, likely weigh relevant information, including Morrow et al. 1996, p. 599) although the will be impacted as well. The uncertainty, in our consideration of deleterious effects of increased spring fragmented nature of the estimated various aspects of climate change. precipitation have been disputed by occupied range and habitat losses to As is the case with all stressors that Peterson and Silvy (1994, pp. 227–228). date have isolated populations and will we assess, even if we conclude that a Peterson and Silvy (1994, pp. 227–228) increase their susceptibility to climate species is currently affected or is likely concluded that spring precipitation does change. Based on current climate to be affected in a negative way by one not negatively impact annual breeding change projections of increased or more climate-related impacts, it does success, particularly when the indirect, temperatures, decreased rainfall, and an not necessarily follow that the species positive influence of spring increase of severe events such as meets the definition of an ‘‘endangered precipitation on nesting and brood drought and rainfall within the southern species’’ or a ‘‘threatened species’’ rearing habitat is considered. Great Plains, the lesser prairie-chicken under the Act. If a species is listed as Additionally, more extreme droughts, is likely to be adversely impacted by the endangered or threatened, knowledge in combination with existing threats, effects of climate changes, especially regarding the vulnerability of the will have detrimental implications for when considered in combination with species to, and known or anticipated the lesser prairie-chicken (see Drought other known threats, such as habitat loss impacts from, climate-associated discussion in ‘‘Extreme Weather and fragmentation, and the anticipated changes in environmental conditions Events’’ below). Boal et al. (2010, p. 4) vulnerability of the species.

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Additionally, many climate scientists estimated the current carrying capacity Drought also may exacerbate the predict that numerous species will shift within the estimated occupied range to impacts of encroachment of woody their geographical distributions in be 49,592 lesser prairie-chickens species, such as eastern red cedar and response to warming of the climate (McLachlan et al. 2011, p. 25). Based on Juniperus pinchotii (redberry or Pinchot (McLaughlin et al. 2002, p. 6070). In their analysis, McLachlan et al. (2011, p. juniper). Eastern red cedar, as mountainous areas, species may shift 29) predicted that the lesser prairie- previously discussed, and Pinchot their range altitudinally, in flatter areas, chicken may be facing significant juniper (McPherson et al. 1988, entire) ranges may shift lattitudinally (Peterson challenges to long-term survival over have been rapidly expanding their range 2003, p. 647). Such shifts may result in the next 60 years due to climate-related and encroaching into grassland localized extinctions over portions of changes in native grassland habitat. We communities due to lack of fire and the range, and, in other portions of their anticipate that climate-induced changes other human activities since distributions, the occupied range may in ecosystems, including grassland EuroAmerican settlement. Pinchot expand, depending upon habitat ecosystems used by lesser prairie- juniper occurs in southwestern suitability. Changes in geographical chickens, coupled with ongoing habitat Oklahoma through portions of the Texas distributions can vary from subtle to loss and fragmentation will interact in panhandle and as far south as the more dramatic rearrangements of ways that will amplify the individual Edwards Plateau in southcentral Texas occupied areas (Peterson 2003, p. 650). negative effects of these and other (Willson et al. 2008, p. 301). In portions Species occupying flatland areas such as threats identified in this final rule of the Texas panhandle, the extent of the Great Plains generally were expected (Cushman et al. 2010, p. 8). Pinchot juniper increased by about 61 to undergo more severe range alterations percent during the period from 1948 to Extreme Weather Events than those in montane areas (Peterson 1982 (Ansley et al. 1995, p. 50) and 2003, p. 651). Additionally, populations Weather-related events such as encroachment continues to occur occurring in fragmented habitats can be drought, and snow and hail storms although the rate of expansion is not more vulnerable to effects of climate influence habitat quality or result in known. While a lack of moisture does change and other threats, particularly direct mortality of lesser prairie- hinder germination of many juniper for species with limited dispersal chicken. Although hail storms typically species (Smith et al. 1975, p. 126), once abilities (McLaughlin et al. 2002, p. only have a localized effect, the effects established, junipers are capable of 6074). Species inhabiting relatively flat of snow storms and drought can often be tolerating conditions typical of most lands will require corridors that allow more wide-spread and can affect droughts. Although eastern red cedar is north-south movements, presuming considerable portions of the estimated one of the least drought tolerant species suitable habitat exists in these areas. occupied range. of junipers, juniper species as a whole, Where existing occupied range is Drought—Drought is considered a including those native to North bounded by areas of unsuitable habitat, universal ecological driver across the America, are considered some of the the species’ ability to move into suitable Great Plains (Knopf 1996, p. 147). most drought resistant species in the areas is reduced and the amount of Annual precipitation within the Great world (Willson et al. 2008, pp. 299, occupied habitat could shrink Plains is considered highly variable 303). Increased frequency of drought, as accordingly. In some cases, particularly (Wiens 1974a, p. 391) with prolonged might occur under a typical climate when natural movement has a high drought capable of causing local change scenario, may slow the initial probability of failure, assisted migration extinctions of annual forbs and grasses establishment of eastern red cedar and may be necessary to ensure populations within stands of perennial species, and other junipers but would not be persist ((McLachlan et al. 2007, entire). recolonization is often slow (Tilman and expected to influence their survival in We do not currently know how the El Haddi 1992, p. 263). Net primary areas that have already been invaded. distribution of lesser prairie-chickens production in grasslands is strongly Their observed tolerance to drought may change geographically under influenced by annual precipitation conditions contributes to their ability to anticipated climate change scenarios. patterns (Sala et al. 1988, pp. 42–44; invade and multiply, once established, Certainly the presence of suitable Weltzin et al. 2003, p. 944) and drought, into more xeric (dry) environments grassland habitats created under CRP in combination with other factors, is (Willson et al. 2008, p. 305; DeSantis et may play a key role in how lesser thought to limit the extent of shrubby al. 2011, p. 1838). Due to their known prairie-chickens respond to the effects vegetation within grasslands (Briggs et drought tolerance and potential for of climate change. Additionally, species al. 2005, p. 245). Grassland bird species, widespread dispersal by birds, we that are insectivorous throughout all or in particular, are impacted by climate expect that encroachment by eastern red a portion of their life cycle, like the extremes such as extended drought, cedar and other junipers would lesser prairie-chicken, may have which acts as a bottleneck that allows continue to occur under anticipated increased risks where a phenological only a few species to survive through climate change scenarios. Such drought mismatch exists between their the relatively harsh conditions (Wiens tolerance may actually enhance their biological needs and shifts in insect 1974a, pp. 388, 397; Zimmerman 1992, ability to survive under conditions that abundance due to vulnerability of p. 92). Drought also can influence many are less favorable for other species of insects to changes in thermal regimes of the factors previously addressed in plants. Similarly, we do not anticipate (Parmesan 2006, pp. 638, 644, 657; this final rule, such as exaggerating and that drought conditions would diminish McLachlan et al. 2011, p. 5). McLachlan prolonging the effect of fires and the potential for continued expansion of et al. (2011, pp. 15, 26) predicted that overgrazing. Seager et al. (2007, pp. eastern red cedar and other junipers into lesser prairie-chicken carrying capacity 1181, 1183–1184) suggests that regions historically dominated by would decline over the next 60 years conditions experienced during the grasslands. due to climate change, primarily the droughts of the 1930s could become The Palmer Drought Severity Index result of decreased vegetation more frequent in the southwestern (Palmer 1965, entire) is a measure of the productivity (reduced biomass); United States, with future droughts balance between moisture demand however, they could not specifically being much more extreme than most (evapotranspiration driven by quantify the extent of the decline. They droughts on record. temperature) and moisture supply

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(precipitation) and is widely used as an negative 2.15 to negative 4.33. Index chickens of the eight additional indicator of the intensity of drought values for Kansas remained in the practices. Kansas has the most land conditions (Alley 1984, entire). This severe range and were all negative 3.23 under CP–25 with about 316,000 ha index is standardized according to local or worse. (781,000 ac) enrolled statewide. climate (i.e., climate divisions In 2013, conditions improved slightly Typically any approved emergency established by the National Oceanic and in Colorado, Texas, New Mexico and haying or grazing must occur outside of Atmospheric Administration) and is portions of Oklahoma and Kansas; the primary nesting season. The most effective in determining magnitude however, all but two climate divisions duration of the emergency haying can be of long-term drought occurring over over the majority of the estimated no longer than 60 calendar days, and the several months. The index uses zero as occupied range were ranked within the emergency grazing period cannot extend normal with drought expressed in terms top 15 worst droughts on record within beyond 90 calendar days, and both must of negative numbers. Positive numbers those climate divisions. Although the conclude by September 30th of the imply excess precipitation. drought severity index improved across current growing season. Generally areas The droughts of the 1930s and 1950s much of the range, severe drought that were emergency hayed or grazed in are some of the most severe on record continued to persist. Persistent drought 1 year are not eligible the following 2 (Schubert et al. 2004, p. 485). During conditions, such as those observed years. Other restrictions also may apply. these periods, the Palmer Drought between 2011 and 2013 will impact In most years, the amounts of land Severity Index exceeded negative 4 and vegetative cover for nesting and can that are emergency hayed or grazed are 5 in many parts of the Great Plains, reduce insect populations needed by low, typically less than 15 percent of which would be classified as extreme to growing chicks. The lesser prairie- eligible acreage, likely because the exceptional drought. The drought that chicken estimated population size in producer must take a 25 percent impacted much of the estimated 2013 declined considerably; likely in reduction in the annual rental payment, occupied lesser prairie-chicken range in response to degraded habitat conditions based on the amount of lands that are 2011 also was classified as severe to cause by the drought conditions that hayed or grazed. However, during the extreme, particularly during the months prevailed over most of the estimated 2011 drought, requests for emergency of May through September (National occupied range in 2011 and 2012 (see haying and grazing were larger than Climatic Data Center 2013). This time section on ‘‘Recent Population Estimates previously experienced. For example, in period is significant because the period and Trends’’ for information related to Oklahoma, more than 103,200 ha of May through September generally estimated population size). Existing and (255,000 ac) or roughly 30 percent of the overlaps the lesser prairie-chicken ongoing fragmentation of suitable available CRP lands statewide were nesting and brood-rearing season. habitat likely contributed to the utilized. Within those counties that Review of the available records for the inability of lesser prairie-chickens to encompass the estimated occupied Palmer Drought Severity Index during maintain population numbers in range, almost 55,400 ha (137,000 ac) or the period from May through September response to the drought. roughly 21 percent of the available CRP 2011, for the climate divisions that Additionally, drought impacts forage in those counties were hayed or grazed. overlap most of the lesser prairie- needed by livestock and continued In Kansas, there were almost 95,900 ha chicken estimated occupied range, grazing under such conditions can (237,000 ac) under contract for revealed that the index exceeded rapidly degrade native rangeland. emergency haying or grazing within the negative 4 in most of the climate During times of severe to extreme estimated occupied range. The number divisions. Climate division 4 in drought, suitable livestock forage may of contracts for emergency haying and westcentral Kansas was the least become unavailable or considerably grazing within the estimated occupied impacted by drought in 2011, with a reduced due to a loss of forage range in Kansas is about 18 percent of Palmer Drought Severity Index of production on existing range and the total number of contracts within the negative 2.37. The most severe drought croplands. Through provisions of the estimated occupied range. Within New conditions, based on the Palmer Index, CRP, certain lands under existing CRP Mexico in 2011, there were occurred in the Texas panhandle. Of the contract can be used for emergency approximately 21,442 ha (52,984 ac) eight climate divisions that encompass haying and grazing, provided specific under contract for emergency grazing, the majority of the estimated occupied conditions are met, to help relieve the the entire extent of which were in range, drought conditions were ranked impacts of drought by temporarily counties that are either entirely or the worst on record for the entire 118 providing livestock forage. Typically, partially within the estimated occupied year period in four of those climate emergency haying and grazing is range of the lesser prairie-chicken. divisions. Conditions in all but one allowed only on those lands where Texas records do not differentiate climate division were ranked within the appropriate Conservation Practices (CP), between managed CRP grazing and ten worst droughts over the period of already approved for managed haying haying and that conducted under record. and grazing, have been applied to the emergency provisions. Within the Based on an evaluation of the Palmer CRP field. For example, CRP fields historical range in 2011, 65 counties had Drought Severity Index for May through planted to either introduced grasses CRP areas that were either hayed or July of 2012, several of the climate (CP–1) or native grasses (CP–2) are grazed. The average percent of areas divisions which overlap the estimated eligible. However, during the used was 22 percent. Within the occupied range continued to experience widespread, severe drought of 2012 and counties that overlap the estimated extreme to exceptional drought. 2013, eight additional CPs that were not occupied range, the average percent Colorado, New Mexico, and Texas are previously eligible to be hayed or grazed grazed was the same, 22 percent. experiencing the worst conditions, were approved for emergency haying As of the end of July 2012, the entire based on Palmer Index values varying and grazing only during 2012. These estimated occupied and historical range from a low of negative 6.23 in Colorado additional CPs primarily include areas of the lesser prairie-chicken was to a high index value of negative 4.33 associated with grassed waterways and classified as abnormally dry or worse in Texas and negative 4.51 in New wetlands. Areas under CP–25, rare and (FSA 2012, p. 14). The abnormally dry Mexico. Drought conditions were least declining habitats, were included and category roughly corresponds to a severe in Oklahoma, varying from were the most valuable to lesser prairie- Palmer Drought Index of minus 1.0 to

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minus 1.9. Based on new provisions rare and declining habitat (CP–25). changes, we anticipate that drought announced by USDA on July 23, 2012, Conservation Practice 25 provides for conditions will again adversely impact the entire estimated historical and very specific habitat components habitat during the nesting and brood occupied ranges of the lesser prairie- beneficial to ground-nesting birds such rearing season. Such impacts will chicken were eligible for emergency as lesser prairie-chickens. The overall reduce nesting success and recruitment haying and grazing. Additionally, the extent of relief provided to landowners well into 2014. reduction in the annual rental payment could result in more widespread Drought impacts the lesser prairie- was reduced from 25 percent to 10 implementation of the emergency chicken through several mechanisms. percent. In 2012, New Mexico did not provisions than has been observed in Drought affects seasonal growth of have any areas that were under contract previous years. The FSA estimated that vegetation necessary to provide suitable for emergency haying or grazing. about 23 percent of the available CRP nesting and roosting cover, food, and Colorado had 1,032 ha (2,550.9 ac) was emergency hayed or grazed in 2012 opportunity for escape from predators under contract for emergency haying (FSA 2014, p. 60). Widespread haying (Copelin 1963, pp. 37, 42; Merchant and 30,030 ha (74,206 ac) under and grazing of CRP under drought 1982, pp. 19, 25, 51; Applegate and contract for emergency grazing within conditions may compromise the ability Riley 1998, p. 15; Peterson and Silvy the estimated occupied range of the of these grasslands to provide year- 1994, p. 228; Morrow et al. 1996, pp. lesser prairie-chicken (Barbarika 2014). round escape cover and thermal cover 596–597). Lesser prairie-chicken home In Kansas, about 34,158 ha (84,405 ac) during winter, at least until normal ranges will temporarily expand during were under contract for emergency precipitation patterns return (see drought years (Copelin 1963, p. 37; Merchant 1982, p. 39) to compensate for haying and 80,526 ha (198,985 ac) were sections Summary of Ongoing and scarcity in available resources. During under contract for emergency grazing Future Conservation Actions and these periods, the adult birds expend within the estimated occupied range of ‘‘Conservation Reserve Program’’ for more energy searching for food and tend the lesser prairie-chicken (Barbarika additional information related to CRP). to move into areas with limited cover in 2014). In 2012, Oklahoma had about Although the lesser prairie-chicken order to forage, leaving them more 2,247 ha (5,552.1 ac) were under has adapted to drought as a component vulnerable to predation and heat stress contract for emergency haying and of its environment, drought and the (Merchant 1982, pp. 34–35; Flanders- accompanying harsh, fluctuating 36,736 ha (90,777.7 ac) were under Wanner et al. 2004, p. 31). Chick contract for emergency grazing within conditions have influenced lesser survival and recruitment may also be the estimated occupied range (Barbarika prairie-chicken populations. Following depressed by drought (Merchant 1982, 2014). In Texas, about 3,801 ha (9,392.3 extreme droughts of the 1930s and pp. 43–48; Morrow 1986, p. 597; Giesen ac) were under contract for emergency 1950s, lesser prairie-chicken population 1998, p. 11; Massey 2001, p. 12), which haying and 21,950 ha (54,239.5 ac) were levels declined and a decrease in their likely affects population trends more under contract for emergency grazing in overall range was observed (Lee 1950, p. than annual changes in adult survival 2012 within the estimated occupied 475; Schwilling 1955, pp. 5–6; (Hagen 2003, pp. 176–177). Drought- range of the lesser prairie-chicken Hamerstrom and Hamerstrom 1961, p. induced mechanisms affecting (Barbarika 2014). Combined, about 289; Copelin 1963, p. 49; Crawford recruitment include decreased 41,238 ha (101,900.3 ac) were under 1980, pp. 2–5; Massey 2001, pp. 5, 12; physiological condition of breeding contract for emergency haying and Hagen and Giessen 2005, unpaginated; females (Merchant 1982, p. 45); heat about 169,122 ha (417,908.2 ac) were Ligon 1953 as cited in New Mexico stress and water loss of chicks under contract for emergency grazing Lesser Prairie Chicken/Sand Dune (Merchant 1982, p. 46); and effects to within the estimated occupied range of Lizard Working Group 2005, p. 19). A hatch success and juvenile survival due the lesser prairie-chicken in 2012 reduction in lesser prairie-chicken to changes in microclimate, (Barbarika 2014). Although the extent of population numbers was documented temperature, and humidity (Patten et al. emergency haying and grazing that after drought conditions in 2006 2005a, pp. 1274–1275; Bell 2005, pp. occurred in 2012 represents only about followed by severe winter conditions in 20–21; Boal et al. 2010, p. 11). 3 percent of the total estimated 2006 and early 2007. For example, Precipitation, or lack thereof, appears to occupied range, the implications Rodgers (2007b, p. 3) determined that affect lesser prairie-chicken adult become more significant considering the estimated number of lesser prairie- population trends with a potential lag this emergency use occurs during chickens per unit area, based on lek effect (Giesen 2000, p. 145). That is, rain drought. Under drought conditions, surveys conducted in Hamilton County, in one year promotes more vegetative much of the lands that are not enrolled Kansas, declined by nearly 70 percent cover for eggs and chicks in the in CRP are grazed heavily and lands that from 2006 levels and were the lowest on following year, which enhances their are enrolled in CRP represent some of record at that time. In comparison to the survival. the best remaining habitat under 2011 and 2012 drought, the Palmer Although lesser prairie-chickens have drought conditions. When these CRP Drought Severity Index for the May persisted through droughts in the past, lands are grazed, the effect is to reduce through September period in Kansas the effects of such droughts are the amount of usable habitat that is during the 2006 drought was minus 2.83 exacerbated by 19th–21st century land available for lesser prairie-chicken in climate division 4 and minus 1.52 in use practices such as heavy grazing, nesting, brood rearing and thermal climate division 7. Based on the Palmer overutilization, and land cultivation regulation. In many instances, areas that Drought Severity Index, drought (Merchant 1982, p. 51; Hamerstrom and were previously grazed or hayed under conditions from 2011to 2013 were much Hamerstrom 1961, pp. 288–289; Davis et the emergency provisions of 2011 have more severe than those observed in al. 1979, p. 122; Taylor and Guthery not recovered due to the influence of the 2006. The National Weather Service 1980a, p. 2), which have altered and ongoing drought. Additionally, current Climate Prediction Center (2014) fragmented existing habitats. In past provisions will allow additional fields predicts that through the end of April decades, fragmentation of lesser prairie- to be eligible for emergency haying and 2014, drought conditions will persist or chicken habitat likely was less extensive grazing that have previously not been intensify over the entire estimated than current conditions, and eligible, including those classified as occupied range. Unless the outlook connectivity between occupied habitats

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was more prevalent, allowing News that describes a large hailstorm recurring, are unpredictable and little populations to recover more quickly. As near Kirwin, Kansas, as responsible for can be done to alter or control the lesser prairie-chicken populations killing prairie-chickens (likely greater occurrence or significance of these decline and become more fragmented, prairie-chicken) and other birds by the events. Such events, and the anticipated their ability to rebound from prolonged hundreds. In May of 2008, a hailstorm impacts, are expected to continue to drought is diminished. This reduced killed six lesser prairie-chickens in New occur into the future. Drought, in ability to recover from drought is Mexico (Beauprez 2009, p. 17; Service particular, may occur throughout the particularly concerning given that future 2009, p. 41). Although such phenomena range of the species, as it did in 2011, climate projections suggest that are undoubtedly rare, the effects can be 2012, and 2013, and can severely impact droughts will only become more severe. significant, particularly if they occur persistence of the lesser prairie-chicken. Projections based on an analysis using during the nesting period. In particular, the persistence of the 19 different climate models revealed A severe winter snowstorm in 2006, lesser prairie-chicken in the that southwestern North America, centered over southeastern Colorado, southwestern portions of the estimated including the entire estimated historical resulted in heavy snowfall, no cover, occupied range (New Mexico and Texas) and occupied range of the lesser prairie- and little food in southern Kiowa, appears to be highly unlikely over the chicken, will consistently become drier Prowers, and most of Baca Counties for next 30 to 40 years, particularly throughout the 21st century (Seager et over 60 days. The storm was so severe considering the implications of climate al. 2007, p. 1181). Severe droughts that more than 10,000 cattle died in change and recurring droughts (Grisham should continue into the future, Colorado alone from this event, in spite et al. (2013, entire). Loss of these particularly during persistent La Nin˜ a of the efforts of National Guard and populations would exacerbate the events, but they are anticipated to be other flight missions that used cargo ongoing reduction in occupied range more severe than most droughts on planes and helicopters to drop hay to that has been evident over the past record (Seager et al. 2007, pp. 1182– stranded cattle (Che et al. 2008, pp. 2, century. Extreme weather events, 1183). 6). Lesser prairie-chicken numbers in principally drought, are a threat to the Grisham et al. (2013, entire) recently Colorado experienced a 75 percent lesser prairie-chicken, particularly when evaluated the influence of drought and decline from 2006 to 2007, from 296 considered in light of other threats such projected climate change on birds observed to only 74. Active leks as habitat loss, fragmentation and reproductive ecology of the lesser also declined from 34 leks in 2006 to 18 climate change, that reduce resiliency of prairie-chicken in the Southern High leks in 2007 (Verquer 2007, p. 2). Most the species. Plains (eastern New Mexico and Texas strikingly, no active leks have been panhandle). They predicted that average detected since 2008 in Kiowa County, Influence of Noise daily survival would decrease which had six active leks in the several The timing of displays and frequency dramatically under all climatic years prior to the storm. The impacts of of vocalizations in lesser prairie- scenarios they examined. Nest survival the severe winter weather, coupled with chickens and other prairie grouse from onset of incubation through drought conditions observed in 2006, appear to have developed in response to hatching were predicted to be less than probably account for the decline in the conditions prevalent in prairie habitats or equal to 10 percent in this region number of lesser prairie-chickens and indicates that effective within 40 years. Modeling results observed in 2007 in Colorado (Verquer communication, particularly during the indicated that nest survival would fall 2007, pp. 2–3). Birds continued to lekking season, operates within a fairly well below the threshold for population slowly recover following this storm narrow set of conditions. Grasslands are persistence during that time (Grisham et event, with numbers peaking in 2011 considered poor environments for al. 2013, p. 8). Although estimates of (Smith 2013, p.3). Since 2011, numbers sound transmission because absorption persistence of lesser prairie-chickens of birds have declined and are just by vegetation and the ground, combined provided by Garton (2012, pp. 15–16) slightly above numbers reported in with scattering caused by high winds indicated that lesser prairie-chickens in 2007. and thermal turbulence causes the the Shinnery Oak Prairie Region (New In summary, extreme weather events sound intensity to diminish (attenuate) Mexico and Texas) had a relatively high can have a significant impact on rapidly (Morton 1975, pp. 17, 28; likelihood of persisting over the next 30 individual populations of lesser prairie- Sparling 1983, p. 40). In a response to years, he only examined current chickens. While improving habitat this excess attenuation, grassland birds information and did not fully consider quality and quantity can help stabilize would have to evolve mechanisms that the implications of projected impacts of grouse populations and enhance counteract this attenuation in order to climate change in his analysis. Climate resiliency, it has little influence on communicate effectively over long change projections provided by Grisham stochastic processes like drought and distances. One primary means of et al. (2013, p.8) indicate that the hailstorms that can lead to extinction in overcoming this barrier would be to prognosis for persistence of lesser local populations (Silvy et al. 2004, p. produce vocalizations with low carrier prairie-chickens within this isolated 19). Extreme weather events will frequencies (Sparling 1983, p. 40), as is region on the southwestern periphery of continue to occur, as they have in the common in prairie grouse. Activity the range is considerably worse than past, and only where lesser prairie- patterns also may play an important role previously predicted under projected chickens populations are sufficiently in facilitating communication in climate change scenarios. resilient can they be expected to persist. grassland environments (Morton 1975, Storms—Very little published The impact of extreme weather events is p. 30). Prairie grouse usually initiate information is available on the effects of especially significant in considering the displays on the lekking grounds around certain isolated weather events, like status of the species as a whole if the sunrise, and occasionally near sunset, storms, on lesser prairie-chicken. impacted population is isolated from corresponding with times of decreased However, hail storms are known to individuals in other nearby populations wind and thermal turbulence (Sparling cause mortality of prairie grouse, that may be capable of recolonizing or 1983, p. 41). Considering the narrow set particularly during the spring nesting supplementing the impacted of conditions in which communication season. Fleharty (1995, p. 241) provides population. Droughts, severe storms and appears most effective for breeding an excerpt from the May 1879 Stockton other extreme weather events, although lesser prairie-chickens, and the

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importance of communication to 10). Annual survival rates for females frequencies will disproportionately have successful reproduction, activities that also were much lower (12.5 percent) in their vocalizations masked by these disrupt or alter these conditions likely areas developed for coalbed methane developments (Blickley and Patricelli will have a negative impact on than in undeveloped areas (73 percent) 2012, p. 31). Measurements were taken reproductive potential and population (Crompton 2005, p. 19). Consequently, at various noise sources typically growth. Crompton (2005, p. 22) recommended associated with oil and gas operations, While human activities, such as that noise levels at active leks should be including a compressor station, a deep livestock management, grassland less than 40 dB and no well pad should natural gas drilling rig, and at a diesel restoration, shrub control and pesticide be located within 1,500 m (0.93 mi) of powered generator (Blickley and application, as discussed in the sections an active lek. Sound muffling devices Patricelli 2012, p. 27). They also above, all cause varying degrees of were recommended for all existing wells measured the ambient noise associated noise, the impacts of noise on lesser that were within this 1,500 m (0.93 mi) with an undisturbed lek after lekking prairie-chickens is more readily buffer. had ceased in the morning and apparent and often most persistent Blickley et al. (2012a, entire) expressed the noise produced by each (chronic) when it occurs in association examined the impact of chronic noise source in relation to the ambient noise with placement of human infrastructure, on greater sage-grouse using playback levels at various distances. All sounds as discussed in several of the sections experiments. This study was were recorded at a height of 25 cm (10 below. Almost any anthropogenic accomplished by recording noise in) which roughly corresponds to the feature or related activity that occurs on associated with natural gas drilling rigs height of a typical grouse (Blickley and the landscape can create noise that and the traffic associated with gas-field Patricelli 2012, p. 27). Noise produced exceeds the natural background or roads and then re-playing these by the compressor was 48.9 dB higher ambient level. Expansion of recordings near leks. Their results than ambient levels at a distance of 75 transportation networks, urban/ suggest that chronic noise had a m (246 ft) from the source and 34.2 dB suburban development, mineral and negative impact on lek attendance by higher at 400 m (1,312 ft) from the other forms of resource extraction and male greater sage-grouse. Peak male source (Blickley and Patricelli 2012, p. motorized recreation are responsible for attendance decreased by 73 percent at 28). Noise produced by the drilling rig most chronic noise exposure in leks exposed to road noise and 29 was slightly less than these values at the terrestrial environments (Barber et al. percent at leks exposed to noise from same distances and noise produced by 2009, p. 1980). In terrestrial systems, the gas drilling activity, when compared to the generator was 24.9 dB and 18.4 dB impact of noise may manifest itself in paired control leks (Blickley et al. higher than ambient levels at these modified behavioral response, 2012a, p. 467). The observed decrease in distances. Butler et al. (2010. pp. 1160– physiological stress, and various lek attendance was immediate and 1161) observed the intensity of booming impacts on communication (Barber et sustained throughout the study, in lekking lesser prairie-chickens and al. 2009, p. 181). Noise that results in although modeling suggested that estimated that sound intensity of either physiological stress or impacts attendance at the leks rebounded once booming vocalizations would be less communication is likely to then cause a the noise ceased (Blickley et al. 2012a, than or equal to 60 dB at 21 m (69 ft), behavioral response. When the p. 467). Because the sound volume of less than or equal to 30 dB at 645 m behavioral response to noise is the recorded playback was not loud (2,116 ft) and about 22 dB at 1.6 km avoidance, as it often is for lesser enough to cause direct injury, they (5,240 ft). prairie-chickens and other prairie concluded that the sounds caused grouse, noise can be a major source of displacement of the males that would The frequency of the sounds habitat loss or degradation and lead to normally have attended the leks produced by these sources at these same increased habitat fragmentation. (Blickley et al. 2012a, p. 468). Although distances was 8 kilohertz (kHz) or less. Several studies have examined the higher mortality caused by increased The variety of vocalizations produced effect of noise on greater sage-grouse. predation was another possible by greater sage-grouse peaked at 11.5 Crompton (2005, p. 10) monitored the mechanism for the observed decreases kHz or less (Blickley and Patricelli 2012, installation of a well pad in Utah that in lek attendance, they did not consider p. 29). Based on this study, noise was placed within 200 m (656 ft) of a increased predation to be a factor due to produced by typical oil and gas greater sage-grouse lek during 2001. low observations of predation events at infrastructure can mask grouse When construction was complete and the leks and because predation would vocalizations and compromise the the pumping unit was operating, noise result in a gradual decrease in ability of female greater sage-grouse to levels recorded 20 m (66 ft) from the attendance rather than the rapid and find active leks when such noise is pumping unit were 70 dB and had sustained decline they observed present (Blickley and Patricelli 2012, p. dropped to 45 dB when measured 200 (Blickley et al. 2012a, p. 467). 32). Although female grouse also use m (656 ft) from the pumping unit Displacement was likely the result of visual cues to assess potential mates on (Crompton 2005, p. 10). Attendance of masking of the male’s vocalizations at a lek, noisy leks can cause female males at this lek declined dramatically the lek, reducing ability of females to attendance at these leks to decline. As beginning with installation of the well detect acoustic cues and locate leks in previously discussed in this section, pad and the lek was completely noisy areas (Blickley et al. 2012a, p. chronic noise associated with human abandoned within 2 years. The 469). activity also leads to reduced male following year, the pumping unit was Related work by Blickley and attendance at noisy leks. While the shut down for repairs during April and Patricelli (2012, entire) examined the effects of masking will decline with grouse briefly recolonized the lek. potential for noise to mask the sounds distance from the sound source, other Overall, male lek attendance declined used by greater sage-grouse during communication used by grouse off the by 44 percent in areas that were communication. They stated that most lek, such as parent-offspring developed for coalbed methane anthropogenic noise is dominated by communication, may continue to be production compared with a 15 percent low frequencies and that birds, such as susceptible to masking by noise from increase in male lek attendance in greater sage-grouse, that produce human infrastructure (Blickley and undeveloped areas (Crompton 2005, p. vocalizations dominated by low Patricelli 2012, p. 33). These findings

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are particularly important in assessing because their vocalizations are low concluded that noise associated with the impacts of development on grouse frequency and vocalization intensity is these features likely contributed to the activity, especially considering that less than or equal to sound intensity behavioral response exhibited by the females use the sounds produced by the produced by many man-made nesting hens (Pitman et al. 2005, p. males during courtship to locate a lek, developments. Blickley et al. (2012a, p. 1267). They also noted that sound then once a lek has been located, to 470) believed that noise may be a levels, as measured 100 m (328 ft) from select a mate from the males displaying possible factor in the population the source, ranged from 60–80 dB for on that lek. Breeding, reproductive declines of other species of lekking center-pivots, 80–100 dB for compressor success and ultimately recruitment in grouse in North America, particularly stations, and over 100 dB for a power areas with human developments could for populations that are exposed to plant. Additionally noise associated be impaired by inappropriate placement human developments. Like sage grouse, with transmission lines and heavy of such developments, impacting lesser prairie-chicken vocalizations are traffic from improved roads was audible survival. Additionally behavioral low frequency, generally less than 4 kHz at a distance over 2 km (1.2 mi) from the responses exhibited by grouse when (Sharpe 1968, p. 111–146; Hagen and source. exposed to chronic noise could lead to Giesen 2005, unpaginated), and subject In summary, noise can be associated reductions in the amount of suitable to being masked by noise from human with almost any form of human activity habitat and negatively influence developments. Butler et al. (2010, p. and wildlife often exhibit behavioral survival and population size in such 1161) predicted sound intensity of and physiological responses to the areas. lesser prairie-chicken booming presence of noise. Vocalizations During related studies, Blickley et al. vocalizations would be 60 dB or less at between individuals of a species are (2012b, entire) evaluated the 21 m (69 ft) and 30 dB or less at 645 m important social cues that can influence implications of chronic noise on the (2,116 ft) from the lek. habitat use, mate selection, breeding physiological health of lekking male Hunt (2004, p. 141) measured sound activity, survival and ultimately greater sage-grouse through the levels at 33 active and 39 abandoned population size and persistence. In assessment of glucocorticoid hormone lesser prairie-chicken leks in New prairie chickens, the ‘‘boom’’ call levels. Glucocorticoid hormones are Mexico in an attempt to determine the transmits information about sex, secreted into the blood in response to relationship between noise levels and territorial status, mating condition, stress and their metabolites can be lek activity. Noise levels from several location, and individual identity of the measured in fecal samples as an types of infrastructure associated with signaler and thus are important to indication of the stress response. In this oil and gas drilling operations were courtship activity and for long-range study, noise associated with roads and measured (Hunt 2004, pp. 147–148). advertisement of the display ground drilling activity, as described in Blickley Average noise levels of drilling rigs at a (Sparling 1981, p. 484). Chronic noise et al. (2012a, pp. 464–466), was distance of 320 m (1,050 ft) was 24 dB can interfere with these social recorded and replayed at active greater above ambient levels measured at active interactions by masking important forms sage-grouse leks. Males exposed to leks and average noise levels for of communication between individuals. chronic noise had higher (16.7 percent, propane and electric powered pumping Opportunities for effective on average) fecal levels of units at this same distance were 14 and communication on the display ground immunoreactive corticosteroid 5.9 dB higher, respectively, than also occurs under fairly narrow metabolites than did males from ambient levels at active leks. Although conditions and disturbance during this undisturbed leks, confirming chronic ambient noise levels at abandoned leks period may have negative consequences noise increased stress levels in male were significantly higher (average for reproductive success. In lesser sage grouse that remained on the noisy difference was 4 dB) than ambient noise prairie-chickens, persistent noise likely leks (Blickley et al. 2012b, pp. 4–5). levels at active leks, he concluded that causes lek attendance to decline, However, there was little difference in the observed difference did not, by disrupts courtship and breeding male response in relation to the type itself, completely explain why the leks activity, impairs habitat quality and (e.g., road or drilling) of noise. Chronic were abandoned (Hunt 2004, p. 142). reduces reproductive success. Noise noise created less desirable habitat for Other factors associated with petroleum causes abandonment of otherwise greater sage-grouse than habitat present development, such as human activity, suitable habitats and contributes to at undisturbed locations, at least at presence of power lines and road habitat loss and degradation. Many of breeding sites (Blickley et al. 2012b, p. density, likely contributed to the development activities discussed in 6). The impacts of chronic noise on abandonment of the leks they observed the sections below, particularly energy stress levels in wintering, nesting, and (Hunt 2004, p. 142). Abandoned leks development, emit noises that likely for foraging males are unknown. Noise had more active wells, more total wells, cause specific behavioral responses by is likely perceived as a threat by greater and greater length of road than active lesser prairie-chickens. As these types of sage-grouse and may impact social leks, and were more likely than active developments continue to increase interactions, including territorial leks to be near power lines (Hunt 2004, within the estimated occupied range, as response and recognition of other p. iv). expected, the impacts of noise from greater sage grouse (conspecifics), Pitman et al. (2005, p. 1264) observed these activities likely will be amplified feeding activities and responses to the behavioral responses of nesting and will be detrimental to the predation, particularly if alarm calls are lesser prairie-chicken hens to the persistence of the lesser prairie-chicken, masked by noise (Blickley et al. 2012b, presence of anthropogenic features, particularly at the local level. p. 6). Chronic noise may not only such as wellheads, buildings, roads, reduce the amount of useable space but transmission lines, and center-pivot Wind Power and Energy Transmission chronic physiological stress could irrigation fields, in southwestern Operation and Development potentially affect overall health of the Kansas. They reported that the presence Wind power is a form of renewable organism including disease resistance, of anthropogenic features resulted in the energy that is increasingly being used to survival, and reproductive success. avoidance of 7,114 ha (17,579 ac) of the meet electricity demands in the United We anticipate similar behavioral 13,380 ha (33,063 ac) of nesting habitat States. The U.S. Energy Information responses by lesser prairie-chickens available within their study area and Administration has estimated that the

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demand for electricity in the United sources. Four (Colorado, Kansas, New indicate appropriate siting and spacing. States will grow by 39 percent between Mexico and Texas) of the five states that The tubular towers of most commercial, 2005 and 2030 (U.S. Department of encompass the range of the lesser utility-scale onshore wind turbines are Energy (DOE) 2008, p. 1). Wind energy, prairie-chicken have renewable between 65 m (213 ft) and 100 m (328 under one scenario, would provide 20 portfolio standards (Hitaj 2013, pp. 408– ft) tall. The most common system uses percent of the United States’ estimated 409). Renewable portfolio standards three rotor blades and can have a electricity needs by 2030 and require at require that utilities obtain a certain diameter of as much as 100 m (328 ft). least 250 gigawatts of additional land- percentage of their electricity from The total height of the system is based wind power capacity to achieve renewable energy sources and there may measured when a turbine blade is in the predicted levels (DOE 2008, pp. 1, 7, be substantial financial penalties for 12 o’clock position and will vary 10). The forecasted increase in noncompliance. The percentage of depending on the length of the blade. production would require about 125,000 renewable energy in each portfolio With blades in place, a typical system turbines based on the existing varies from a low of 4.4 percent in Texas will exceed 100 m (328 ft) in height. A technology and equipment in use and to a high of 27 percent in Colorado wind farm will vary in size depending assuming a turbine has a generating (Hitaj 2013, pp. 408–409). With the on the size of the turbines and amount capacity of 2 megawatts (MW). exception of Texas, which was extended of land available. Typical wind farm Achieving these levels also would to 2025, all of the renewable portfolio arrays consist of 30 to 150 towers each require expansion of the current standards that have been established supporting a single turbine. The electrical transmission system. Most of within the lesser prairie-chicken States individual permanent footprint of a the wind power development needed to have an established target date of 2020. single turbine unit, about 0.3 to 0.4 ha meet these anticipated demands is Only Oklahoma does not have a (0.75 to 1 ac), is relatively small in likely to come from the Great Plains renewable portfolio standard. comparison with the overall footprint of States because they have high wind Evaluation of the effects of renewable the entire array (DOE 2008, pp. 110– resource potential, which exerts a portfolio standards have concluded that 111). Spacing between each turbine is strong, positive influence on the amount these standards have had a significant, usually 5 to 10 rotor diameters to avoid of wind power developed within a positive impact on the development of interference between turbines. Roads are particular State (Staid and Guikema wind power within those States with necessary to access the turbine sites for 2013, p. 384). existing renewable portfolio standards installation and maintenance. One or All 5 lesser prairie-chicken States are (Yin and Powers 2010, p. 1149). more substations, where the generated within the top 12 States nationally for Oklahoma and New Mexico offer electricity is collected and transmitted, potential wind capacity, with Texas production incentives, and Colorado, also may be built depending on the size ranking second for potential wind Kansas and Texas provide property tax of the wind farm. Considering the initial energy capacity and Kansas ranking incentives. Texas also provides a capital investment, and that the service third (American Wind Energy corporate tax credit on equipment and life of a single turbine is at least 20 years Association 2012b, entire). The installation costs (Hitaj 2013, p. 409). (DOE 2008, p. 16), we expect most wind potential for wind development within At the National level, wind power power developments to be in place for the estimated historical and occupied development has been incentivized by at least 20 years. ranges of the lesser prairie-chicken is the Federal renewable energy apparent from the wind potential production tax credit, most recently 2.3 Siting of commercially viable wind estimates developed by the DOE’s cents per kilowatt-hour. The credit energy developments is largely based on National Renewable Energy Laboratory typically applies to the first 10 years of wind intensity (speed) and consistency, and AWS Truewind (DOE National operation but unused credits may be and requires the ability to transmit Renewable Energy Laboratory 2010b, p. carried forward for up to 20 years. This generated power to the users. Any 1). These estimates present the credit first became available in 1992 and discussion of the effects of wind energy predicted mean annual wind speeds at has had an important effect on development on the lesser prairie- a height of 80 m (262 ft). Areas with an investment and development by the chicken also must take into average wind speed of 6.5 m/s (21.3 ft/ wind power industry (Hitaj 2013, p. consideration the influence of the s) and greater at a height of 80 m (262 404; Staid and Guikema 2013, p. 378). transmission lines critical to ft) are generally considered to have a Development has slowed during periods distribution of the energy generated by suitable wind resource for large scale when the availability of the Federal wind turbines. Transmission lines can development. All of the estimated production tax credit was uncertain traverse long distances across the historical and occupied range of the (Bird et al. 2005, p. 1398; Staid and landscape and can be both above ground lesser prairie-chicken occurs in areas Guikema 2013, p. 378). The production and underground, although the vast determined to have 6.5 m/s (21.3 ft/s) or tax credit expired in 2012 but was majority of transmission lines are higher average windspeed (DOE extended in January of 2013 through the erected above ground. Most of the National Renewable Energy Laboratory end of the calendar year. The Federal impacts to lesser prairie-chicken 2010b, p. 1). The vast majority of the production tax credit has since expired associated with transmission lines are estimated occupied range lies within and its future is currently unknown. with the aboveground systems. Support areas having wind speeds of 7.5 m/s Typically, for years in which the structures vary in height depending on (24.6 ft/s) or higher. These wind speeds production tax credit has not been in the size of the line. Most high-voltage provide good to excellent potential for place development has slowed and the powerline towers are 30 to 38 m (98 to wind energy production and represent years prior to expiration have shown a 125 ft) high but can be higher if the need the highest potential areas for wind boom in wind power development arises. Local distribution lines are energy development. (Blair 2012, p. 10). usually much shorter in height but can Numerous financial incentives, Wind farm development begins with still contribute to fragmentation of the including grants, production incentives site monitoring and collection of landscape. Local distribution lines, and tax relief, already are available to meteorological data to characterize the while more often are erected above help encourage and promote available wind regime. Turbines are ground, can be placed below ground. development of renewable energy installed after the meteorological data Financial investment in the

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transmission of electrical power has States with the most wind power under distance of the observed display been steadily climbing since the late construction (American Wind Energy grounds to the nearest wind turbine 1990s and includes not only the cost of Association 2012b, entire). By the close tower was 1,430 m (4,689 ft) for greater maintaining the existing system but also of 2012, Kansas had installed the most prairie-chickens and 1,178 m (3,864 ft) includes costs associated with capacity (1,441 MW) of any State (Wiser for sharp-tailed grouse. increasing reliability and development and Bollinger 2013, p. 9). Curry, Greater prairie-chickens also were of new transmission lines (DOE 2008, p. Roosevelt, and Quay Counties in the observed within a wind power 94). Manville (2005, p. 1052) reported New Mexico portion of the estimated development in Kansas, indicating that that there are at least 804,500 km occupied range currently have operating strong avoidance of such developments (500,000 mi) of transmission lines (lines wind projects. There are 14,136 MW by prairie grouse is not always evident carrying greater than 115 kilovolts (kV)) (roughly 5,654 2.5 MW turbines) in the and, under some conditions, the within the United States. Recent queue awaiting construction (American impacts may occasionally be beneficial. transmission-related activities within Wind Energy Association 2012b, entire). Winder et al. (2013, entire), as part of a the estimated historical and occupied In Oklahoma, Custer, Dewey, Harper, larger study that examined the ranges include the creation of Roger Mills, and Woodward Counties environmental impacts of the Meridian Competitive Renewable Energy Zones in have existing wind farms. Way wind power project in northcentral Texas and the ‘‘X plan’’ under Approximately 393 MW are under Kansas, examined the effects of wind consideration by the Southwest Power construction and there is another 14,667 energy development on survival of Pool, which are discussed in more detail MW in the queue awaiting construction. female greater prairie-chickens. The below. In Texas, Carson, Moore, Oldham and study site was located in an area that Wind energy developments already Randall counties have existing wind was considerably fragmented, having a exist within the estimated historical farms. Wiser and Bollinger (2013, p. 12) relatively high density of roads and range of the lesser prairie-chicken, some reported that nationwide, by the end of moderately high incidence of row crop of which have impacted occupied 2012, there were about 125 GW of wind agriculture (35 percent) for a primarily habitat. The 5 lesser prairie-chicken power projects within the grassland landscape (Winder et al. 2013, States are all within the top 20 States interconnection queues awaiting p. 3). They concluded that development nationally for installed wind capacity development. This figure represents of this wind power facility did not (American Wind Energy Association more than double the existing negatively impact survival of female 2012a, p. 6). By the close of 1999, the developed wind capacity in the United greater prairie-chickens. In fact, survival installed capacity, in MW, of wind States with Texas (Electric Reliability increased significantly post construction power facilities within the five lesser Council of Texas) and the Southwest (Winder et al. 2013, p. 5), perhaps in prairie-chicken States was 209 MW; the Power Pool having almost 32 percent of response to changes in predator majority, 184 MW, was provided by the the total capacity in the interconnection behavior following completion of State of Texas (DOE National Renewable queues (Wiser and Bollinger 2013, pp. construction in 2008. Prior to Energy Laboratory 2010a, p. 1). At the 12–13). These two transmission system construction, they observed that the close of 2012, the installed capacity operators encompass almost all of the majority of greater prairie-chicken within the five lesser prairie-chicken estimated occupied range of the lesser mortality was due to predation, States had grown to 21,140 MW (Wiser prairie-chicken in Kansas, New Mexico, principally during the lekking season (Winder et al. 2013, p. 6). Post and Bollinger 2013, p. 9). Although not Oklahoma and Texas. all of this installed capacity is located construction, they speculated that the within the estimated historical or Most published literature on the presence of the wind farm altered occupied ranges of the lesser prairie- effects of wind development on birds predator activity on the study area chicken, and includes any offshore focuses on the risks of collision with although they did not specifically wind projects in Texas (one non- towers or turbine blades. Until recently, record information on numbers of commercial tower at close of 2013), there was very little published research predators before and after construction there is considerable overlap between specific to the effects of wind turbines (Winder et al. 2013, p. 7). the estimated historical and occupied and transmission lines on prairie grouse Because Winder et al. (2013, entire) ranges and those areas having good to and much of that focuses on avoidance only provided information on adult excellent wind potential, as determined of the infrastructure associated with survival associated with wind farm by the DOE’s National Renewable renewable energy development (see development; we lack information on Energy Laboratory (DOE National previous discussion on vertical recruitment and the long-term Renewable Energy Laboratory 2010b, p. structures in the ‘‘Causes of Habitat persistence of greater prairie-chickens at 1). Areas having good to excellent wind Fragmentation within Lesser Prairie- this site. While adult survival is one of potential represent the highest priority Chicken Range’’ section above and several demographic factors that sites for wind power development, discussion that follows). We find that influence population growth, it is rarely particularly where projects have access many wind power facilities are not as important as nest and brood survival to transmission systems with available monitored consistently enough to detect in prairie grouse, particularly lesser capability. collision mortalities and the observed prairie-chickens (Pitman et al. 2006b, p. Within the estimated occupied range avoidance of and displacement 679; Hagen et al. 2009, pp. 1329–1330; in Colorado, existing wind projects are influenced by the vertical infrastructure Grisham 2012, p. 153; Hagen et al. 2013, located in Baca, Bent, and Prowers observed in prairie grouse likely p. 750). The lack of information on nest Counties. Colorado’s installed wind minimizes the opportunity for such and brood survival, thus recruitment, capacity grew by 39 percent in 2011 collisions to occur. However, Vodenhal could result in misrepresentation of the (American Wind Energy Association et al. (2011, unpaginated) has observed impacts of the wind farm. For example, 2012b, entire). In Kansas, Barber, Ford, both greater prairie-chickens and plains female survival may have been Gray, Kiowa, and Wichita Counties have sharp-tailed grouse (Tympanuchus demonstrated to increase post existing wind projects. Kansas is phasianellus jamesi) lekking near the construction, but we do not know from expected to double their existing Ainsworth Wind Energy Facility in this study if the females nested or the capacity in 2012 and leads the United Nebraska since 2006. The average fate of those nests and of any broods

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that might have been produced. post construction (Sandercock et al. energy development, this may, at least Previous studies on lesser prairie- 2012, p. 25). partially explain why greater prairie- chickens demonstrated that females When male fitness was examined, chickens also continue to utilize would not nest within specific distances they observed that the residual body grassland habitats at the Ainsworth of certain vertical structures (Pitman et mass of male greater prairie-chickens at Wind Energy Facility in Nebraska. al. 2005, pp. 1267–1268). Additionally, lek sites near turbines declined post Currently, we have no documentation Winder et al. (2013, entire) did not construction and may have negatively of any collision-related mortality in provide any information on habitat impacted individual survival or wind farms for lesser prairie-chickens. selectivity by the adults or persistence reproductive performance (Sandercock In Kansas, Winder et al. (2013, p. 8) did of leks at the study site. Consequently, et al. 2012, p. 53). Reduced body observe collision mortality before and we do not know whether the birds condition also may impact flight after construction of a wind farm but actively chose to remain at that location, performance and increase predation risk those mortalities were due to fences or or simply continued to use the only in males displaying on leks. Based on power lines and not the turbines remaining usable habitat and are unable counts of males at leks, Sandercock et themselves. Similarly, no deaths of to persist long term. While they did al. (2012, p. 61), did not find that greater gallinaceous birds (upland game birds) report that over 75 percent of the leks prairie-chicken population size was were reported in a comprehensive were located within 8 km (5 mi) of a negatively impacted by wind power review of avian collisions and wind turbine, the fate of those leks post development. However, following farms in the United States; the authors construction were not reported (Winder construction, they observed that the hypothesized that the average tower et al. 2013, p. 3). number of males declined over the next height and flight height of grouse 3 years of the study and resulted in minimized the risk of collision However, additional information finite rates of population change (Erickson et al. 2001, pp. 8, 11, 14, 15). regarding this study is available that indicative of a declining population However, Johnson and Erickson (2011, provides more insight into some aspects (Sandercock et al. (2012, p. 61). They p. 17) monitored commercial scale wind of the effects of wind power also observed that wind power farms in the Columbia Plateau of development on greater prairie-chickens development did appear to reduce Washington and Oregon and observed and helps address some of the concerns dispersal rates or change settlement that about 13 percent of the observed presented above (Sandercock et al. patterns in greater prairie-chickens, collision mortalities were nonnative 2012, entire). With respect to lek leading to higher rates of relatedness upland game birds: Ring-necked persistence, the distance from a wind among males. pheasant, gray partridge (Perdix perdix), turbine was not shown to have a As evident from the study of the and chukar (Alectoris chukar). Although statistically significant effect on the Meridian Way Wind Power the risk of collision with individual probability of lek persistence Development, under some conditions, wind turbines appears low, commercial (Sandercock et al. 2012, p. 11). and with some species of grouse, the wind energy developments can directly However, lek sites located less than 5 displacement effects of wind power alter existing habitat, contribute to km (3.1 mi) from a turbine had a lower projects may not be as strong as habitat and population fragmentation, probability of persistence than leks that observed with other types of and cause more subtle alterations that were located larger distances from a developments. In the instance of female influence how species use habitats in turbine, leading the authors to conclude survival, the presence of wind turbines proximity to these developments that wind energy development may enhance survival, particularly if the (National Research Council 2007, pp. negatively impacted lek persistence presence of the turbines leads to 72–84). (Sandercock et al. 2012, p. 11). Females reduced rates of predation. However, at Wind turbines can generate were not observed to select nest sites at least in this study, the presence of the significant levels of noise. Estimates of random; instead they preferred to nest wind power development was not the noise created by wind turbines vary in native grasslands (Sandercock et al. entirely benign and the fragmented depending on a variety of factors. 2012, p. 25). Although females may nature of the landscape surrounding the Cummins (2012, p. 12–15) summarizes have remained at the site post study site may have exerted a stronger information on wind turbine noise, construction due to the continued influence on the observed behavior of including use of sound contour maps to presence of suitable grassland habitat, greater prairie-chickens than did the explain how turbine noise changes with Sandercock et al. (2012, p. 3) did not presence of the wind turbines over the distance, topography, and turbine observe any impacts of wind power three year period examined in this layout. Generally, the wind energy development on nest site selection, study. Under these conditions, the birds industry expects that turbine noise will nesting success, or female reproductive may have perceived the wind project average 35 to 45 dB at 350 m (1,150 ft) effort. However, they did report weak site as more suitable than the from an operating turbine but in some evidence for avoidance of wind turbines surrounding landscape. instances the sound may continue to by female greater prairie-chickens that These studies also appear to indicate exceed 45 dB as far as 0.8 km (0.5 mi) were not attending nests or broods that greater prairie-chickens may be from the sound source (Cummings 2012, during the breeding season (Sandercock more tolerant of wind turbine towers p. 13). Noise levels obviously could et al. 2012, p. 25). Prior to construction, than other species of prairie grouse peak at levels higher than the average. some 20 percent of the observed (Winder et al. (2013, p. 9). Hagen (2004, Most noise produced by wind turbines movements would have crossed the p. 101) cautions that occurrence near also is low frequency, typically 0.25 kHz location of the proposed wind farm but such structures may be due to strong or less (Cummings 2012, p. 40). Noise post construction only 11 percent of the site fidelity or continued use of suitable levels of this magnitude and frequency observed movements crossed the area habitat remnants and that these may generate a behavioral response in where actual wind energy infrastructure populations actually may not be able to lesser prairie-chickens and may result in existed. They concluded that females sustain themselves without immigration avoidance of areas of otherwise suitable were more likely to move away from from surrounding populations (i.e., habitat. wind power infrastructure and may lead population sink). If greater prairie- Electrical transmission lines can to fragmentation of existing populations chickens are less sensitive to wind directly affect prairie grouse by posing

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a collision hazard (Leopold 1933, p. plant species, at least in semiarid similar vertical structures, were located 353; Connelly et al. 2000, p. 974; Patten sagebrush habitats (Knick et al. 2003, p. within the estimated historical range of et al. 2005b, pp. 240, 242) and can 619; Gelbard and Belnap 2003, pp. 424– the lesser prairie-chicken at that time. indirectly lead to decreased lek 425), but the scope of this impact within An additional estimated 8,501 vertical recruitment, increased predation, and the range of the lesser prairie-chicken is structures had been cleared for facilitate invasion by nonnative plants. unknown. Spread of invasive plants is construction, and another 1,693 vertical The physical footprint of the actual most critical where established structures were pending approval project is typically much smaller than populations of invasive plants begin within the estimated historical range of the actual impact of the transmission invading areas of native grassland the lesser prairie-chicken. While not all line itself. Lesser prairie-chickens vegetation. of these structures are wind generation exhibit strong avoidance of tall vertical Electromagnetic fields associated with towers, the vast majority are. A similar features such as utility transmission transmission lines alter the behavior, analysis was conducted on lesser lines (Pitman et al. 2005, pp. 1267– physiology, endocrine systems, and prairie-chicken estimated occupied 1268). In typical lesser prairie-chicken immune function in birds, with negative range. As of April 2010, the estimated habitat where vegetation is low and the consequences on reproduction and occupied range included 173 vertical terrain is relatively flat, power lines and development (Fernie and Reynolds structures. Approximately 1,950 vertical power poles provide attractive hunting, 2005, p. 135). Birds are diverse in their structures had been cleared for loafing, and roosting perches for many sensitivities to electromagnetic field construction, and another 250 vertical species of raptors (Steenhof et al. 1993, exposure with domestic chickens structures were awaiting approval. In p. 27). The elevated advantage of known to be very sensitive. Although January of 2012, an analysis of the transmission lines and power poles many raptor species are less affected by Federal Aviation Administration’s serve to increase a raptor’s range of these fields (Fernie and Reynolds 2005, obstacle database showed that there vision, allow for greater speed during p. 135), no specific studies have been were 405 existing wind turbines in or attacks on prey, and serve as territorial conducted on lesser prairie-chickens. within 1.6 km (1 mi) of the estimated markers. Raptors actively seek out However electromagnetic fields occupied range. In March of 2012, there power lines and poles in extensive associated with powerlines and were 4,887 wind turbines awaiting grassland areas where natural perches telecommunication towers may explain, construction, based on the Federal are limited. While the effect of this at least in part, avoidance of such Aviation Administration’s obstruction predation on lesser prairie-chickens structures by sage grouse (Wisdom et al. evaluation database. undoubtedly depends on raptor 2011, pp. 467–468). For this final rule, we conducted a densities, as the number of perches or Identification of the actual number of more complete analysis of vertical proposed wind energy projects that will nesting features increase, the impact of structures in an effort to update the be built within the range of the lesser avian predation will increase. analysis we conducted in 2010, as prairie-chicken in any future timeframe Additional discussion concerning the explained above. As before, we used the is difficult to accurately discern, influence of vertical structures on Federal Aviation Administration’s Daily particularly at smaller scales. predation of lesser prairie-chickens can Digital Obstruction File, current as of Nationally, during the period from 1997 be found in the ‘‘Causes of Habitat November 2013 to identify the vertical to 2002, the average annual growth rate Fragmentation Within Lesser Prairie- structures that were built and remain in wind power was 24 percent (Bird et operational between 1974 and 2013. Chicken Range’’ section above, and al. 2005, p. 1397). An analysis of the Generally these are vertical structures, additional information on predation is Federal Aviation Administration’s Daily such as wind towers and provided in a separate discussion under Digital Obstruction File (obstacle communication towers, that are at least ‘‘Predation’’ below. database) can provide some insight into 60.6 m (199 ft) above ground level or Transmission lines, particularly due the number of existing and proposed otherwise have been deemed a hazard to to their length, can be a significant wind generation towers. The Federal aviation. Within the historical range of barrier to dispersal of prairie grouse, Aviation Administration is responsible the lesser prairie-chicken, there were a disrupting movements to feeding, for ensuring wind towers and other total of 17,800 vertical structures breeding, and roosting areas. Both lesser vertical structures are constructed in a identified, of which 9,109 were and greater prairie-chickens avoided manner that ensures the safety and classified as windmill type (wind otherwise suitable habitat near efficient use of the navigable airspace. turbine) structures. Of those windmill transmission lines and crossed these In accomplishing this mission, they structures 1,074 had been approved power lines much less often than nearby evaluate applications submitted by the after December 12, 2012, the date of our roads, suggesting that power lines are a party responsible for the proposed proposed rule. Within the EOR +10, as particularly strong barrier to movement construction and alteration of these previously described, there were 3,714 (Pruett et al. 2009a, pp. 1255–1257). structures. Included in the application vertical structures identified in the Because lesser prairie-chickens avoid is information on the precise location of database of which about 1,398 vertical tall vertical structures like transmission the proposed structure. This structures were classified by the Federal lines and because transmission lines can information can be used, in conjunction Aviation Administration (FAA) as increase predation rates, leks located in with other databases, to determine the windmill type structures. Of those the vicinity of these structures may see number of existing and proposed wind structures, 405 were approved after reduced recruitment of new males to the generation towers within the estimated December 12, 2012, the date of our lek (Braun et al. 2002, pp. 339–340, historical and occupied ranges of the proposed rule. 343–344). Lacking recruitment, leks may lesser prairie-chicken. Similarly, we used a portion of the disappear as the number of older males Analysis of the information contained FAA’s Obstruction Evaluation/Airport decline due to death or emigration. in the obstacle database, as available in Airspace Analysis database, current as Linear corridors such as road networks, April 2010, revealed that 6,279 vertical of December 2013, to estimate the pipelines, and transmission line rights- structures, such as wind turbines, number of wind turbines and of-way can create soil conditions telecommunication towers, radio meteorological towers that are awaiting conducive to the spread of invasive towers, meteorological towers and construction or alteration, pending

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approval from the FAA. We included maximum development scenario, Oklahoma. All active and historically meteorological towers because their assuming all of these projects are built occupied lesser prairie-chicken lek presence is often a good first indication and they install all 2.0 MW wind locations in Oklahoma, as of the mid that an area is being studied for wind turbines, would result in approximately 1990s (n = 96), and the estimated development or as a means of 15,941 wind turbines being erected in occupied range, were compared with monitoring wind and related data these four States. Recently we the Oklahoma Neural Net Wind Power within an existing wind farm. These conducted an additional analysis of the Development Potential Model map structures/features are grouped into four current information, as of January 28, created by the Oklahoma Wind Power classes: Determined hazard—structure 2014, within the Southwest Power Assessment project. The mapping has been given a hazard determination Pool’s Generation Interconnection analysis revealed that 35 percent of the by FAA; determined with no build Queue. We conducted this analysis to estimated occupied range in Oklahoma date—evaluation by FAA is complete, obtain a more recent evaluation of is within areas designated by the structure is not a hazard but no existing and proposed wind power Oklahoma Wind Power Assessment as completion date has been provided; development within the Southwest ‘‘excellent’’ for wind energy determined with build date—evaluation Power Pool’s jurisdiction in portions of development. When both the by FAA is complete, structure is not a Kansas, New Mexico, Oklahoma, and ‘‘excellent’’ and ‘‘good’’ wind energy hazard and a completion date has been Texas. There were a total of 74 projects development classes are combined, provided; not yet determined—all in the queue within the counties about 55 percent of the lesser prairie- structures proposed to be built and have encompassed by the EOR +10. Thirty- chicken’s occupied range in Oklahoma submitted the Form 7460–1 but for one of those projects were in lies within those two classes. which FAA has not yet made a commercial operation, thirty-eight were When leks were examined, the determination as to whether the identified as being in planning or analysis revealed a nearly complete structure poses a hazard to air development and five projects were overlap on all known active and navigation. Our analysis of the historical suspended and not currently moving historically occupied lek locations, range revealed that 36,197 wind and forward. Fifteen of those thirty-eight based on the known active leks during meteorological tower features have been projects, totaling 3,208.3 MW of power, the mid 1990s. Roughly 91 percent of proposed for development. Of that total that were identified as being in active the known lesser prairie-chicken lek number of features, 12,020 windmill planning or development were sites in Oklahoma are within 8 km (5 features and 169 meteorological towers submitted for consideration after mi) of land classified as ‘‘excellent’’ for have been proposed for development publication of our proposed rule on wind development (O’Meilia 2005). within the EOR +10. Within the EOR December 12, 2012. The total planned Over half (53 percent) of all known lek +10, 1,513 windmill features and 37 power production, in MW, for the sites in Oklahoma occur within 1.6 km meteorological towers were submitted projects in operation and in planning or (1 mi) of lands classified as ‘‘excellent’’ for approval by FAA after the date of development were 4,706.5 and 9,324.3, for commercial wind energy publication of our proposed listing rule respectively. If we assume a typical development. This second metric is on December 12, 2012. turbine size of 2.0 MW, an estimated particularly relevant considering a majority of lesser prairie-chicken Additionally, the Southwest Power 7,015 turbines have been built or are in planning and development at this time nesting generally occurs, on average, Pool provides public access to its within 3.4 km (2.1 mi) of active leks within the counties encompassed by the Generation Interconnection Queue (Hagen and Giesen 2005, p. 2). Robel EOR +10 within the Southwest Power (https://studies.spp.org/ (2002, p. 23) estimated that habitat Pool jurisdiction. These estimated GenInterHomePage.cfm), which within 1.6 km (1.0 mi) or more of a values do not include development and provides all of the active requests for single commercial-scale wind turbine is planning within the Electric Reliability connection from new energy generation rendered unsuitable for greater prairie Council of Texas whose jurisdiction sources requiring Southwest Power Pool chickens due to their tendency to avoid extends over most of the Texas approval prior to connecting with the tall structures. Using Robel’s (2002, p. Panhandle. transmission grid. The Southwest Power 23) estimate of this zone of avoidance Pool is a regional transmission The possible scope of this anticipated (1.6 km or 1.0 mi) for a single organization which overlaps all or wind energy development on the status commercial-scale wind turbine, portions of nine States, including of the lesser prairie-chicken can readily development of commercial wind farms, Kansas, New Mexico, Oklahoma, and be seen in Oklahoma where the which would consist of multiple Texas, and functions to ensure reliable locations of many of the current and turbines spaced over a large area supplies of power, adequate historically occupied leks are known. (typical wind farm arrays consist of 30 transmission infrastructure, and Most remaining large tracts of untilled to 150 towers each supporting a single competitive wholesale prices of native rangeland, and hence lesser turbine), likely will have a significant electricity exist. The Southwest Power prairie-chicken habitat, occur on adverse influence on reproduction of Pool’s jurisdiction in Kansas, New topographic ridges. Leks, the traditional the lesser prairie-chicken, provided Mexico, Oklahoma, and Texas does not mating grounds of prairie grouse, are lesser prairie-chickens consistently include all of the historical or estimated consistently located on elevated avoid nesting within 1.6 km (1 mi) of occupied range of the lesser prairie- grassland sites with few vertical each turbine. chicken but serves as a very obstructions (Flock 2002, p. 35). Unfortunately, a similar analysis of conservative indicator of the amount of Because of the increased elevation, active and historically occupied leks is interest in wind power development in these ridges also are prime sites for not available for the other States due to these four States. In 2010, within the wind turbine development. In a lack of comparable information on the Southwest Power Pool portion of cooperation with ODWC, Service location of lek sites. Considering Kansas, New Mexico, Oklahoma, and personnel in 2005 quantified the western Kansas currently supports the Texas, there were 177 wind generation potential degree of wind energy largest number and distribution of lesser interconnection study requests totaling development in relation to existing prairie-chickens of all five States, the 31,883 MW awaiting approval. A populations of lesser prairie-chicken in influence of wind energy development

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on the lesser prairie-chicken in Kansas resources, the largest area of Colorado Texas panhandle and portions of west would likely be equally, if not more, with that ranking. The area almost Texas represent a threat to extant lesser significant. As previously discussed in completely overlaps the estimated prairie-chicken populations in the State. this section, wind power development occupied range of the lesser prairie- Once established, wind farms and in Kansas is expanding (Wiser and chicken in Colorado. Colorado currently associated transmission features would Bollinger 2013, p. 9) and the industry is ranks 10th in both total installed severely hamper future efforts to restore seeking to continue development of capacity and number of commercial population connectivity and gene flow additional wind farms. In 2006, the scale wind turbines in operation (AWEA (transfer of genetic information from one Governor of Kansas initiated the 2014). The 162 MW Green Wind Power population to another) between existing Governor’s 2015 Renewable Energy Project and 75 MW Twin Buttes Wind populations that are currently separated Challenge, an objective of which is to Project are located with Prowers County by incompatible land uses in the Texas have 1,000 MW of renewable energy which includes portions of the panhandle. capacity in Kansas by 2015 (Cita et al. estimated occupied range. The CPW Development of high-capacity 2008, p. 1). A cost-benefit study (Cita et reported that commercial wind transmission lines is critical to the al. 2008, Appendix B) found that wind development is occurring in Colorado, development of the anticipated wind power was the most likely and most cost but that most of the effort is currently energy resources in ensuring that the effective form of renewable energy centered north of the estimated generated power can be delivered to the resource for Kansas. Modestly assuming occupied range of lesser prairie-chicken consumer. According to ERCOT an average of 2 MW per turbine—most in southeastern Colorado. (American Wind Energy Association commercial scale turbines are between Wind energy development in New 2007a, p. 9), every $1 billion invested in 1.5 and 2.5 MW—an estimated 500 Mexico is less likely than in other States new transmission capacity enables the turbines would have to be erected in within the range of the lesser prairie- construction of $6 billion of new wind Kansas if this goal is to be met. chicken because the suitability for wind farms. We estimate, based on a spatial While not all of those turbines would energy development in the estimated analysis prepared by The Nature be placed in occupied habitat, and some occupied range of the lesser prairie- Conservancy in 2011 under their license overlap in avoidance would occur if chicken in New Mexico is only rated as agreement with Ventyx Energy turbines were oriented in a typical wind fair (DOE, National Renewable Energy Corporation, that there are 35,220 km farm array, the potential impact could Laboratory 2010b, p. 1). However, some (21,885 mi) of transmission lines, be significant. First, the best wind parts of northeastern New Mexico having a capacity of 69 kilovolts (kV) or potential in Kansas occurs in the within lesser prairie-chicken historical larger, in service within the historical western two-thirds of the State and range have been rated as excellent. range of the lesser prairie-chicken. largely overlaps the estimated occupied Northeastern New Mexico is important Within the estimated currently occupied lesser prairie-chicken range (DOE, to lesser prairie-chicken conservation range, this analysis estimated that about National Renewable energy Laboratory because this area is vital to efforts to 3,610 km (2,243 mi) of transmission 2010b, p. 1). Additionally, Kansas has a reestablish or reconnect the New lines with a capacity of 69kV and larger voluntary moratorium on the Mexico lesser prairie-chicken are currently in service. Within the development of wind power in the Flint population to those in Colorado and the estimated occupied range, this same Hills of eastern Kansas, which likely Texas panhandle. analysis revealed that an additional 856 will shift the focus of development into In Texas, the Public Utility km (532 mi) of 69kV or higher the central and western portions of the Commission recently directed the transmission line is anticipated to be in State. Taking these two factors into Electric Reliability Council of Texas service within the near future. consideration, construction of much of (ERCOT) to develop transmission plans Because we did not have access to the the new wind power anticipated in the for wind capacity to accommodate same commercially available dataset Governor’s 2015 Renewable Energy between 10,000 and 25,000 MW of used by The Nature Conservancy, but Challenge likely would occur in the power (American Wind Energy we wanted to provide an updated western two-thirds of Kansas. If we Association 2007b, pp. 2–3). ERCOT is analysis of the scope of transmission assume that even one-half of the a regional transmission organization line development within the range of estimated 500 turbines are placed in with jurisdiction over most of Texas. the lesser prairie-chicken, we used lesser prairie-chicken range, 250 The remainder of Texas, largely the transmission line data maintained by turbines would individually impact Texas panhandle, lies within the the Southwest Power Pool. This dataset over 101,000 ha (250,000 ac), based on jurisdiction of the Southwest Power has some limitations, particularly for an avoidance distance of 1.6 km (1 mi). Pool. A recent assessment from ERCOT Texas and New Mexico which are The habitat loss resulting from the identified more than 130,000 MW of largely outside of the jurisdiction of the above scenario would further reduce the high-quality wind sites in Texas, more Southwest Power Pool. However the extent of large, unfragmented parcels electricity than the entire State currently data can be used to get a sense of the and influence connectivity between uses. The establishment of Competitive scope of existing development within remaining occupied blocks of habitat, Renewable Energy Zones by ERCOT portions of the range. Our analysis reducing the amount of suitable habitat within the State of Texas will facilitate revealed that 9,153 km (5,687.4 mi) of available to the lesser prairie-chicken. wind energy development throughout transmission lines having a capacity of Consequently, siting of wind energy western Texas. Based on the 69kV or higher exist within those arrays and associated facilities, development priority of each zone, the portions of the estimated occupied including electrical transmission lines, top four Competitive Renewable Energy range that lie within the jurisdiction of appears to be a serious threat to lesser Zones, which are designated for future the Southwest Power Pool. Although the prairie-chickens in western Kansas wind energy development in the Texas analysis performed by The Nature within the near future (Rodgers 2007a). panhandle, are located within occupied Conservancy using the Ventyx Energy In Colorado, the DOE, National and historical lesser prairie-chicken Corporation dataset has not been Renewable Energy Laboratory (2010b, p. habitat in the Texas panhandle. updated since 2011, we can use that 1) rated the southeastern corner of Wind energy and associated analysis to derive the density of Colorado as having good wind transmission line development in the transmission lines in existence at that

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time within the estimated occupied high voltage transmission line, as reports on the effects of wind power range. Assuming all of the 69 kV or demonstrated with a comparable high development on birds focus on the risks larger transmission lines in service at voltage transmission line (Pruett 2009a, of collision with towers or turbine the time of that analysis (about 3,610 km pp. 1255–1257), movement between blades. However, we do not expect that (2,243 mi) of transmission lines) are still populations across the line will significant numbers of collisions with in service, the density of these diminish significantly. A draft spinning blades would be likely to transmission lines would be 0.04 km/sq Environmental Impact Statement on this occur due to avoidance of the wind km (0.07 mi/sq mi). Although similar project is anticipated in the fall of 2014; towers and associated transmission information for lesser prairie-chickens is the project cannot proceed until that lines by lesser prairie-chickens. The not available, transmission line analysis is complete and the potential most significant impact of wind energy densities were particularly important in route approved. The project is expected development on lesser prairie-chickens assessing the value of habitat for greater to commence commercial operation is caused by the avoidance of useable sage grouse. Habitat suitability for sage now earlier than 2018. space due the presence of vertical grouse was the highest when densities Another similar high voltage direct structures (turbine towers and of transmission lines were below 0.06 current transmission line proposed by transmission lines) within suitable km/sq km (Knick 2013 et al., p. 6). Leks Clean Line Energy Partners, known as habitat. The noise produced by wind were absent from areas where the Grain Belt Express, is planned for turbines also is anticipated to contribute transmission line densities exceeded Kansas. The line would originate in to behavioral avoidance of these 0.20 km/sq km (Knick 2013 et al., p. 6). west-central Kansas and continue to its structures. Avoidance of these vertical endpoint in the upper Midwestern The Southwest Power Pool also has structures by lesser prairie-chickens can United States. Very little opportunity to information about several proposed be as much as 1.6 km (1 mi), resulting interconnect with these direct current electric transmission line upgrades. This in large areas (814 ha (2,011 ac) for a lines exists due to the anticipated high organization identified approximately single turbine) of unsuitable habitat cost associated with development of an 423 km (263 mi) of proposed new relative to the overall footprint of a appropriate interconnecting substation. transmission lines, commonly referred single turbine. Where such development Consequently, most of the anticipated has occurred or is likely to occur, these to as the ‘‘X Plan’’, that were being wind power that will be transmitted areas are no longer suitable for lesser evaluated during the transmission across the Oklahoma and Kansas prairie-chicken even though many of the planning process. Transmission projects likely will occur near the typical habitat components used by planning continues to move forward, western terminals associated with these lesser prairie-chicken remain. Therefore, and numerous alternatives are being two Clean Line projects. Assuming a considering the scale of current and evaluated, many of which will increase fairly realistic build-out scenario for future wind development that is likely transmission capacity throughout all or these transmission lines, in which wind within the range of the lesser prairie- portions of the estimated occupied power projects would most likely be chicken and the significant avoidance lesser prairie-chicken range and serve to constructed within 64 km (40 mi) of the response of the species to these catalyze extensive wind energy western end points of each line (77 FR developments, we conclude that wind development throughout much of the 75624), much of the estimated occupied energy development is a threat to the remaining estimated occupied lesser range in Colorado, Kansas, Oklahoma, species, especially when considered in prairie-chicken range in Kansas, and northeast Texas falls within the combination with other habitat Oklahoma, and Texas. Additionally, anticipated development zone. fragmenting activities. Clean Line Energy is planning to build Although both of these projects are still a high voltage direct current relatively early in the planning process, Roads and Other Similar Linear transmission line (Plains and Eastern and the specific environmental impacts Features Clean Line) that would originate within have yet to be determined, a reasonably Similar to transmission lines, roads Texas County of the Oklahoma likely wind power development are a linear feature on the landscape that panhandle, travel the length of the scenario would place much of the can contribute to loss and fragmentation panhandle region, and then drop south estimated occupied range at risk of wind of habitat suitable for the species and to near Woodward, Oklahoma, before power development. can fragment populations as a result of continuing eastward across Oklahoma, In summary, wind energy and behavioral avoidance. The observed Arkansas and western Tennessee. The associated infrastructure development is behavioral avoidance associated with Plains and Eastern Clean Line project occurring now and is expected to roads is likely due to noise, visual would deliver a maximum of 3,500 MW continue into the future within disturbance, and increased predator of electric power. Increased occupied portions of lesser prairie- movements paralleling roads. For transmission capacity provided by the chicken habitat. Proposed transmission example, roads are known to contribute Clean Line project will facilitate line improvements, such as the to lek abandonment when they disrupt development of additional wind power. proposed Plains and Eastern Clean Line the important habitat features associated Additionally, the fragmenting effect of project, will serve to facilitate further with lek sites (Crawford and Bolen this transmission line is a significant development of additional wind energy 1976b, p. 239). The presence of roads concern. Corman (2011, pp. 151–152) resources but will take several years to allows human encroachment into concluded that the northeast Texas commence operations. Future wind habitats used by lesser prairie-chickens, population of lesser prairie-chickens energy developments, based on the further causing fragmentation of suitable was too small to retain high amounts of known locations of areas with excellent habitat patches. Some mammalian genetic diversity over the long term. He to good wind energy development species known to prey on lesser prairie- thought connectivity between the potential, likely will have substantial chickens, such as red fox, raccoons, and Oklahoma and Kansas lesser prairie- overlap with known lesser prairie- striped skunks, have greatly increased chicken populations was crucial to chicken populations. There is little their distribution by dispersing along maintaining persistence in the northeast published information on the specific roads (Forman and Alexander 1998, p. Texas population. Should lesser prairie- effects of wind power development on 212; Forman 2000, p. 33; Frey and chickens avoid areas adjacent to this lesser prairie-chickens. Most published Conover 2006, pp. 1114–1115).

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Traffic noise from roads may Within the estimated occupied range, local, rural roads. The total habitat indirectly impact lesser prairie- approximately 81,874 km (50,874 mi) of impacted by all types of roads within chickens. Because lesser prairie- roads have been constructed. We also the estimated occupied range is chickens depend on acoustical signals used topographically integrated 402,739.4 ha (995,189.3 ac). The to attract females to leks, noise from geographic encoding and referencing fragmentation caused by roads in roads, oil and gas development, wind (TIGER) files available from the U.S. combination with other causes of turbines, and similar human activity Census Bureau to conduct a similar fragmentation described in this final may interfere with mating displays, analysis of the impact of roads. These listing rule contributes to the further influencing female attendance at lek files, dated 2007, are more current than reduction of usable habitat available to sites and causing young males not to be the information provided in StreetMap support lesser prairie-chicken drawn to the leks. Within a relatively USA. Within the historical range in populations. The resultant short period, leks can become inactive 2007 there was a total of 642,860 km fragmentation is detrimental to lesser due to a lack of recruitment of new (399,454.8 mi) of roads within the prairie-chickens because they rely on males to the display grounds. historical range. Of these roads, about large, expansive areas of contiguous Roads also may influence lesser 84,531 km (52,525.3 mi) were located rangeland and grassland to complete prairie-chicken dispersal, likely within the estimated occupied range. their life cycle. dependent upon the volume of traffic, More detailed examination of the roads Although the best available and thus disturbance, associated with in the estimated occupied range information does not allow us to predict the road. However, roads generally do revealed there were about 2,386 km the number or distance of new roads not constitute a significant barrier to (1,482.8 mi) of primary roads, 2,002 km that will exist into the future, we do not dispersal unless they are large, multiple- (1,244.3 mi) of secondary roads, and anticipate that the number or distance of land roads. Lesser prairie-chickens have 80,142 km (49,798.2 mi) of local or rural primary and secondary roads will been shown to avoid areas of suitable roads. Density (number per unit area) of increase significantly in the future. habitat near larger, multiple-lane, paved roads within the estimated occupied However, we do anticipate that roads (Pruett et al. 2009a, pp. 1256, range was 1.04 km of road per square increasing human populations within 1258). Generally, roads were between km (1.68 mi of road per sq mi). The the estimated occupied range, as 4.1 and 5.3 times less likely to occur in density of primary roads was 0.03 km of discussed previously, will lead to areas used by lesser prairie-chickens road per square km (0.05 mi of road per increased traffic and road noise on the than areas that were not used and can sq mi) and for secondary roads was 0.02 roads that do exist. Consequently, roads influence habitat and nest site selection km of road per square km (0.04 mi of that are already being avoided by lesser (Hagen et al. 2011, pp. 68, 71–72). road per sq mi). The density of local and prairie-chickens will continue to be Lesser prairie-chickens are thought to rural roads was highest at 0.99 km of barriers, and increasing traffic volumes avoid major roads due to disturbance road per square km (1.59 mi of road per will lead to additional roads being caused by traffic volume and, perhaps sq mi). Although we do not have similar avoided, further fragmenting an already behaviorally, to avoid exposure to information for lesser prairie-chickens, highly fragmented landscape. predators that may use roads as travel Knick et al. (2013, entire) found that Additionally, Pitman et al. (2005, p. corridors. Similar behavior has been road densities were particularly 1267) believes roads served as travel documented in sage grouse (Oyler- important in assessing the value of corridors for predators and may increase the impact of predation on lesser McCance et al. 2001, p. 330). Wisdom et habitat for greater sage grouse. The most al. (2011, p. 467) examined factors prairie-chickens (see section on valuable sage grouse habitats had believed to have contributed to Predation below). densities of secondary roads that were extirpation of sage grouse in areas In summary, roads occur throughout below 1.0 km per sq km, highway scattered throughout the entire species’ the range of the lesser prairie-chicken densities below 0.05 km per sq km, and historical range and found that and contribute to the threat of interstate highway densities at or below extirpated range contained almost 27 cumulative habitat fragmentation to the 0.01 km per sq km (Knick et al. 2013, times the human density, was 60 species. p. 1544). Ninety-three percent of the percent closer to highways, and had 25 active leks were located in areas where Petroleum Production percent higher density of roads, in interstate highway densities were less contrast to occupied range. Petroleum production, primarily oil Roads also can cause direct mortality than 0.01 km/sq km (Knick et al. 2013, and gas development, is occurring over due to collisions with automobiles and p. 1544). much of the estimated historical and possibly increased predation. Although While we do not anticipate significant occupied range of the lesser prairie- individual mortality resulting from expansion of the number or distance of chicken. Oil and gas development collisions with moving vehicles does existing roads in the near or longterm, involves activities such as surface occur, the mortalities typically are not these roads have already contributed to exploration, exploratory drilling, field monitored or recorded. Therefore we significant habitat fragmentation within development, facility construction, and cannot determine the importance of both the estimated historical and operation and maintenance. Ancillary direct mortality from roads on lesser occupied range of the lesser prairie- facilities can include compressor prairie-chicken populations. chicken. Assigning buffer values, as stations, pumping stations, and Using the data layers provided in described in the rangewide plan (Van electrical generators. Activities such as StreetMap USA, a product of ESRI Pelt et al. 2013, p. 95), to the existing well pad construction, seismic surveys, Corporation and intended for use with roads within the estimated occupied access road development, power line ArcGIS, we estimated the scope of the range provides an estimate of the construction, and pipeline corridors can impact of roads on lesser prairie- amount of habitat that has been lost to directly impact lesser prairie-chicken chickens. Within the entire historical the lesser prairie-chicken, either by habitat. Indirect impacts from noise, range, there are 622,061 km (386,581 construction, displacement or both. gaseous emissions, and human presence mi) of roads. This figure includes major These buffer distances are 500 m (1,640 also influence habitat quality in oil and Federal and state highways as well as ft) for primary roads, 67 m (220 ft) for gas development areas. These activities county highways and smaller roads. secondary roads, and 10 m (33 ft) for affect lesser prairie-chickens by

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disrupting reproductive behavior (Hunt lesser prairie-chicken. Other measures effect of these best management and Best 2004, p. 41) and through include timing and distance practices on the population of the lesser habitat fragmentation and conversion stipulations, including a provision to prairie-chicken is unknown, particularly (Hunt and Best 2004, p. 92). Smith et al. avoid development within 3.5 km (2.2 considering about 33,184 ha (82,000 ac) (1998, p. 3) observed that almost one- mi) of an active lek. have already been leased in those areas half, 13 of 29, of the abandoned leks Kansas is one of the top ten oil (BLM 2008, p. 8). The plan stipulates examined in southeastern New Mexico producing States in the Nation and is that measures designed to protect the in an area of intensive oil and gas within the top 12 States in Natural gas lesser prairie-chicken and dunes development had a moderate to high production. Between 1995 and 2010, sagebrush lizard may not allow approval level of noise. Hunt and Best (2004, p. over 37.2 million barrels of oil were of all spacing unit locations or full 92) found that abandoned leks in produced in Kansas (Circle Star Energy development of the lease (BLM 2008, p. southeastern New Mexico had more 2014). The major oil and gas fields 8). active wells, more total wells, and (Hugoton and Panoma) in Kansas Oklahoma currently ranks in the top greater length of access road than active primarily occur in the southwestern five States in the Nation for production leks. They concluded that petroleum corner and central regions of the State, of both crude oil and natural gas (U.S. development at intensive levels, with overlapping large portions of the Energy Information Administration large numbers of wells in close estimated historic and occupied ranges 2014). In Oklahoma, oil and gas proximity to each other necessitating of the lesser prairie-chicken. Gas exploration statewide continues at a large road networks and an increase in development is the primary activity in high level. Since 2002, the average the number of power lines, is likely not the southwestern corner with oil being number of active drilling rigs in compatible with life-history primary in the central region. In the Oklahoma has steadily risen (Boyd requirements of lesser prairie-chickens central region of Kansas, development 2009, p. 1). Since 2004, the number of (Hunt and Best 2004, p. 92). of the Mississippian Lime Play using active drilling rigs has remained above Impacts from oil and gas development hydraulic fracturing techniques has 150, reflecting the highest level of and exploration is thought to be the revived oil and gas development in the sustained activity since the ‘boom’ years primary reason responsible for the region. The Kansas Department of from the late 1970s through the mid- species’ near absence throughout Commerce has stated that potentially 1980s in Oklahoma (Boyd 2007, p. 1). previously occupied portions of the hundreds of wells could be drilled in The Oklahoma Department of Wildlife Carlsbad BLM unit in southeastern New this region in the next 20 to 30 years Conservation worked with the Mexico (Belinda 2003, p. 3). This (Kansas Department of Commerce 2014). Oklahoma Independent Petroleum conclusion is supported by research Some gas development also occurs in Association to address potential impacts examining lesser prairie-chicken losses the central region of the State. of oil and gas development on the lesser over the past 20 years on Carlsbad BLM New Mexico currently ranks in the prairie-chicken. Through this effort, a lands (Hunt and Best 2004, pp. 114– top ten States in the Nation for set of voluntary best management 115). Those variables associated with oil production of both crude oil and natural practices, such as minimizing surface and gas development explained 32 gas (U.S. Energy Information disturbance and removal of unneeded percent of observed lek abandonment Administration 2014). Within the range equipment, have been developed (Van (Hunt and Best 2004) and the of the lesser prairie-chicken, much of Pelt et al. 2013, p. 60). consequent population extirpation. the oil and gas development occurs on Texas currently ranks as the top State Colorado currently ranks within the lands administered by the BLM. In the in the Nation for production of both top ten States in both crude oil and BLM’s Special Status Species Record of crude oil and natural gas (U.S. Energy natural gas production. Oil and gas Decision and approved Resource Information Administration 2014). In development began in Colorado the late Management Plan Amendment (RMPA), some areas within the estimated 1800s. Much of the development within some protections for the lesser prairie- occupied range, the scope of the estimated historical and occupied chicken on BLM lands in New Mexico development has increased range of the lesser prairie-chicken are provided by reducing the number of significantly. For example, the amount occurs within the Hugoton and Denver drilling locations, decreasing the size of of habitat fragmentation due to oil and Basin fields. Since 1995 the number of well pads, reducing the number and gas extraction in the Texas panhandle drilling permits issued annually has length of roads, reducing the number of and western Oklahoma associated with steadily grown from 1,002 in 1995 to powerlines and pipelines, and the Buffalo Wallow oil and gas field 8,027 in 2008 (Dennison 2009). implementing best management within the Granite Wash formation of However, 84 percent of that activity is practices for development and the Anadarko Basin has steadily located in only six counties that lie reclamation (BLM 2008, pp. 5–31). The increased over time. In 1982, the rules outside of the estimated occupied range. RMPA provides guidance for for the Buffalo Wallow field in Some development is anticipated in management of approximately 344,000 Hemphill and Wheeler counties, Texas Baca County, Colorado, although the ha (850,000 ac) of public land and allowed one well per 130 ha (320 ac). timeframe for initiation of those 121,000 ha (300,000 ac) of Federal In late 2004, the Texas Railroad activities is uncertain (CPW 2007, p. 2). minerals below private or state lands in Commission changed the field rule The State of Colorado, Oil and Gas Chaves, Eddy, Lea, and Roosevelt regulations for the Buffalo Wallow oil Conservation Commission also has Counties in New Mexico. and gas field to allow oil and gas well established rules that provide some Implementation of these restrictions, spacing to a maximum density of one protection to the lesser prairie-chicken particularly curtailment of new mineral well per 8 ha (20 ac) (Rothkopf et al. from oil and gas development in this leases, is concentrated in the Core 2011, p. 1). When fully developed at State. A full list of those measures are Management and Primary Population this density, this region of the Texas provided in the rangewide plan (Van Areas (BLM 2008, pp. 9–11). The Core panhandle, which overlaps portions of Pelt et al. 2013, pp. 6–8) and include a Management and Primary Population the estimated occupied range, will have requirement to solicit review by the Areas are located in the core of the experienced a 16-fold increase in habitat CPW prior to development in an effort lesser prairie-chicken estimated fragmentation in comparison with the to avoid and minimize impacts to the occupied range in New Mexico. The rates allowed prior to 2004.

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Oil and gas development and Wastewater pits associated with Pirius (2012, p. 8) assessed cause- exploration is ongoing in all five lesser energy development are not anticipated specific mortality for 13 lesser prairie- prairie-chicken States. Based on the to be a major threat to lesser prairie- chickens. Avian predation was information available to us, none of the chickens primarily due to the presence identified as the cause of death in 10 of States, with the exception of Colorado, of infrastructure and the lack of suitable those individuals, and mammalian has implemented specific regulatory cover near these pits. In formations with predation was responsible for 2 deaths. measures to address impacts of oil and high levels of hydrogen sulfide gas, the The cause of death could not be gas development on the lesser prairie- presence of this gas can cause mortality. identified in one of those individuals. chicken. In New Mexico, much of the In summary, infrastructure associated Behney et al. (2012, p. 294) suspected oil and gas development within the with current petroleum production that mammalian and reptilian predators estimated historic and occupied range is contributes to the ongoing habitat had a greater influence on lesser prairie- regulated by the BLM. Where Federal fragmentation within the estimated chicken mortality during the breeding minerals occur outside of New Mexico occupied range of the lesser prairie- season than raptors. and within the estimated occupied chicken. Reliable information about Predation is a naturally occurring range, BLM has implemented timing, future trends for petroleum production phenomenon and generally does not noise, and distance stipulations that indicates that this impact will continue pose a risk to wildlife populations, primarily provide protections during the into the future. Habitat impacts, based including the lesser prairie-chicken, lekking season but do little to protect on our estimates, as provided above, unless the populations are extremely nesting hens and the broods. We and those of WAFWA (Van Pelt et al. small or have an abnormal level of attempted to assess the extent of oil and 2013, p. 95), could be in excess of a vulnerability to predation. The lesser gas development using available million of acres throughout the prairie-chicken’s cryptic plumage and information from the State oil and gas estimated occupied range. behavioral adaptations allow the species to persist under normal predation regulatory agencies within the five State Predation range of the lesser prairie-chicken. pressures. Birds may be most Although we do not have access to Lesser prairie-chickens have susceptible to predation while on the information on oil and gas activity coevolved with a variety of predators, lek when birds are more conspicuous. beyond 2008, the data provide a fairly but none are lesser prairie-chicken Both Patten et al. (2005b, p. 240) and good assessment of development specialists. Prairie falcon (Falco Wolfe et al. (2007, p. 100) reported that activity before 2008. We identified mexicanus), northern harrier (Circus raptor predation increased coincident 670,509 existing oil and gas wells cyaneus), Cooper’s hawk (Accipiter with lek attendance. Patten et al. within the historical range and of those cooperii), great-horned owl (Bubo (2005b, p. 240) stated that male lesser wells, 53,205 oil and gas wells existed virginianus), other unspecified birds of prairie-chickens are more vulnerable to within the estimated occupied range. prey (raptors), and coyote (Canis predation when exposed during lek The rangewide plan (Van Pelt et al. latrans) have been identified as displays than they are at other times of 2013, pp. 132–134) estimated 68,716 predators of lesser prairie-chicken the year and that male lesser prairie- active wells exist within the EOR +10, adults and chicks (Davis et al. 1979, pp. chicken mortality was chiefly associated based on data from 2010 to 2013. 84–85; Merchant 1982, p. 49; Haukos with predation. However, during 650 If we apply a 200 m buffer to those and Broda 1989, pp. 182–183; Giesen hours of lek observations in Texas, wells, as used in the rangewide plan 1994a, p. 96). Predators of nests and raptor predation at leks was considered (Van Pelt et al. 2013, p. 95), and remove eggs also include Chihuahuan raven to be uncommon and an unlikely factor any overlap from our analysis, an (Corvus cryptoleucus), striped skunk responsible for declines in lesser estimated 516,000 ha (1.27 million ac) (Mephitis mephitis), ground squirrels prairie-chicken populations (Behney et of habitat within the estimated occupied (Spermophilus spp.), and bullsnakes al. 2011, pp. 336–337). But Behney et al. range was impacted by oil and gas (Pituophis melanoleucus), as well as (2012, p. 294) observed that the timing development by 2008. The buffers coyotes and badgers (Taxidea taxus) of lekking activities in their study area established in the rangewide plan were (Davis et al. 1979, p. 51; Haukos 1988, corresponded with the lowest observed based on the best available science and p. 9; Giesen 1998, p. 8). densities of raptors and that lesser the professional judgment of the Lesser prairie-chicken predation prairie-chickens contend with a more members of the Interstate Working varies in both form and frequency abundant and diverse assemblage of Group Science team, which included throughout the year. In Kansas, Hagen et raptors in other seasons. representation from the Service, U.S. al. (2007, p. 522) attributed about 59 Predation and related disturbance of Geological Survey, Natural Resources percent of the observed mortality of mating activities by predators may Conservation Service, State Fish and female lesser prairie-chickens to impact reproduction in lesser prairie- Wildlife Agencies, public universities, mammalian predators and between 11 chickens. For females, predation during private conservation organizations and and 15 percent, depending on season, to the nesting season likely would have the private consultants. raptors. Coyotes were reported to be most significant impact on lesser We lacked data from which we could responsible for 64 percent of the nest prairie-chicken populations, independently project oil and gas depredations observed in Kansas particularly if that predation resulted in development into the future. However, (Pitman et al. 2006a, p. 27). Observed total loss of a particular brood. the rangewide plan (Van Pelt et al. 2013, mortality of male and female lesser Predation on lesser prairie-chicken may pp. 138) provided a high and low prairie-chickens associated with raptor be especially significant relative to nest projection of oil and gas development predation reached 53 percent in success. Nest success and brood within the EOR +10 for 10, 20 and 30 Oklahoma and 56 percent in New survival of greater prairie-chickens years into the future. Within 30 years, Mexico (Wolfe et al. 2007, p. 100). accounted for most of the variation in they estimate that about 122,639 new Predation by mammals was reported to population finite rate of increase wells under a low price scenario and be 47 percent in Oklahoma and 44 (Wisdom and Mills 1997, p. 308). 179,416 new wells under a high price percent in New Mexico (Wolfe et al. Bergerud (1988, pp. 646, 681, 685) scenario could be developed within the 2007, p. 100). In Texas, over the course concluded that population changes in EOR +10. of three nonbreeding seasons, Boal and many grouse species are driven by

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changes in breeding success. An fragmentation, vertical structures, and to Mycoplasma meleagridis, M. analysis of Attwater’s prairie-chicken roads, continued development is likely synoviae, and M. gallisepticum, all were supported this conclusion (Peterson and to increase the effects of predation on at rates less than 10 percent and no Silvy 1994, p. 227). Demographic lesser prairie-chickens beyond natural infection was confirmed (Hagen et al. research on lesser prairie-chicken in levels. As a result, predation is likely to 2002, p. 708). However, lesser prairie- southwestern Kansas confirmed that contribute to the declining population chickens testing positive should be changes in nest success and chick of the species. considered potential carriers of mycoplasmosis (Hagen et al., 2002, p. survival, two factors closely associated Disease with vegetation structure, have the 710). Infections may be transmitted largest impact on population growth Giesen (1998, p. 10) provided no most commonly during winter and rates and viability (Hagen et al. 2009, p. information on ectoparasites or spring when lesser prairie-chickens are 1329). infectious diseases in lesser prairie- likely to be grouped together to forage chicken, although several endoparasites, Rates of predation on lesser prairie- or conduct breeding activity. including nematodes and cestodes, are chicken likely are influenced by certain Peterson et al. (2002, p. 835) reported known to infect the species. In aspects of habitat quality such as on an examination of 24 lesser prairie- Oklahoma, Emerson (1951, p. 195) fragmentation or other forms of habitat chickens from Hemphill County, Texas, documented the presence of the external degradation (Robb and Schroeder 2005, for several disease agents. Lesser prairie- parasites (biting lice—Order p. 36). As habitat fragmentation chickens were seropositive for both the Mallophaga) Goniodes cupido and Massachusetts and Arkansas serotypes increases, suitable habitats become more Lagopoecus sp. in an undisclosed of avian infectious bronchitis, a type of spatially restricted and the effects of number of lesser prairie-chickens. coronavirus. All other tests were terrestrial nest predators on grouse Between 1997 and 1999, Robel et al. negative. populations may increase (Braun et al. (2003, p. 342) conducted a study of Reticuloendotheliosis is a viral 1978, p. 316). In a study on Attwater’s helminth parasites in lesser prairie- disease of poultry that has been found prairie-chicken, Horkel et al. (1978, p. chickens from southwestern Kansas. Of to cause mortality in captive Attwater’s 239) observed that artificial nests the carcasses examined, 95 percent had prairie-chickens and greater prairie- located within 46 m (150 ft) of a road eye worm (Oxyspirura petrowi), 92 chickens (Drew et al. 1998, entire). or mown pipeline rights-of-way were percent had stomach worm (Tetrameres Symptoms include immunosuppression, less successful than artificial nests sp.), and 59 percent had cecal worm reduced body size and tumors that can located further away from these (Subulura sp.) (Robel et al. 2003, p. result in significant morbidity and features. They concluded that these 341). No adverse impacts to the lesser mortality (Bohls et al. 2006a, p. 613). fragmenting features served as activity prairie-chicken population they studied Researchers surveyed blood samples centers and travel lanes for predators were evident as a result of the observed from 184 lesser prairie-chickens from and contributed to increased predator parasite burden. Addison and Anderson three States during 1999 and 2000, for activity and decreased nest success in (1969, p. 1223) also found eyeworm (O. the presence of reticuloendotheliosis. proximity to these features (Horkel et al. petrowi) from a limited sample of lesser All samples were negative, suggesting 1978, p. 240). Nest predators typically prairie-chickens in Oklahoma. The that reticuloendotheliosis may not be a have a positive response (e.g., increased eyeworm also has been reported from serious problem for most wild abundance, increased activity, and lesser prairie-chickens in Texas (Pence populations of lesser prairie-chicken increased species richness) to and Sell 1979, p. 145). Pence and Sell (Wiedenfeld et al. 2002, p. 143). A fragmentation, although the effects are (1979, p. 145) also observed the vaccine has recently been developed expressed primarily at the landscape roundworm Heterakis isolonche and the that, while not preventing infection, scale (Stephens et al. 2003, p. 4). tapeworm Rhabdometra odiosa from provided partial protection from Similarly, as habitat quality decreases lesser prairie-chickens in Texas. Smith reticuloendotheliosis in captive through reduction in vegetative cover et al. (2003, p. 347) reported on the Attwater’s prairie-chicken (Drechsler et due to grazing or herbicide application, occurrence of blood and fecal parasites al. 2013, pp. 258–259). This vaccine has predation of lesser prairie-chicken nests, in lesser prairie-chickens in eastern not yet been tested on lesser prairie- juveniles, and adults are all expected to New Mexico. Eight percent of the chickens to our knowledge. increase. For this reason, ensuring examined birds were infected with The impact of West Nile virus on adequate shrub cover and removing Eimeria tympanuchi, an intestinal lesser prairie-chickens is unknown. raptor perches such as trees, power parasite, and 13 percent were infected Recently scientists at Texas Tech poles, and fence posts may lower with Plasmodium pedioecetii, a University detected West Nile virus in predation more than any conventional hematozoan. Stabler (1978, p. 1126) first a small percentage (1.3 percent) of the predator removal methods (Wolfe et al. reported Plasmodium pedioecetii in the lesser prairie-chicken blood samples 2007, p. 101). As discussed at several lesser prairie-chicken from samples they analyzed. Other grouse, such as locations within this document, existing collected from New Mexico and Texas. ruffed grouse (Bonasa umbellus), have and future development of transmission In the spring of 1997, a sample of 12 been documented to harbor West Nile lines, fences, and vertical structures will lesser prairie-chickens from Hemphill virus infection rates similar to some either contribute to additional predation County, Texas, were tested for the corvids (crows, jays, and ravens). For on lesser prairie-chickens or cause areas presence of disease and parasites. No 130 ruffed grouse tested in 2000, all of suitable habitat to be abandoned due evidence of viral or bacterial diseases, distant from known West Nile virus to behavior avoidance by lesser prairie- hemoparasites, parasitic helminths, or epicenters, 21 percent tested positive. chickens. Increases in the encroachment ectoparasites was found (Hughes 1997, This was remarkably similar to of trees into the native prairies also will p. 2). American crows (Corvus contribute to increased incidence of In southwestern Kansas, Hagen et al. brachyrhynchos) and blue jays predation by providing additional (2002 entire) tested for the presence of (Cyanocitta cristata) (23 percent for perches for avian predators. Because mycoplasmosis, a respiratory infection, each species), species with known predation has a strong relationship with in lesser prairie-chickens. Although susceptibility to West Nile virus certain anthropogenic factors, such as some birds tested positive for antibodies (Bernard et al. 2001, p. 681). The IPCC

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(2007, p. 51) suggests that the habitat abundance or quality could have harvested per year in Kansas relative to distribution of some disease vectors, a more significant influence on the the population size of lesser prairie- such as mosquitos (Culex spp.) that impact of parasites and diseases to the chickens, the statewide harvest is carry West Nile virus, may change as a lesser prairie-chicken. probably insignificant at the population result of climate change. Mosquitoes are level. There are no recent records of Hunting and Other Forms of also known to transmit the unauthorized harvest of lesser prairie- Recreational, Educational, or Scientific reticuloendotheliosis virus (Bohls et al. chickens in Kansas (Pitman 2012b). Use 2006b, p. 193). However, we have no Two primary hypotheses exist specific information suggesting that In the late 19th century, lesser prairie- regarding the influence of hunting on West Nile virus or any known disease chickens were subject to market hunting harvested populations—hunting may become problematic for the lesser (Jackson and DeArment 1963, p. 733; mortality is either additive to other prairie-chicken as a result of climate Fleharty 1995, pp. 38–45; Jensen et al. sources of mortality or nonhunting change. 2000, p. 170). Harvest throughout the mortality compensates for hunting Although parasites and diseases have species’ estimated historical range has mortality, up to some threshold level. the potential to influence population been regulated since approximately the The compensatory hypothesis dynamics, the incidence of disease or turn of the 20th century (Crawford 1980, essentially implies that harvest by parasite infestations in regulating pp. 3–4). Currently, the lesser prairie- hunting removes only surplus populations of the lesser prairie-chicken chicken is classified as a game species individuals, and individuals that escape is unknown. The Lesser Prairie-Chicken in Kansas, New Mexico, Oklahoma, and hunting mortality will have a higher Interstate Working Group (Mote et al. Texas, although authorized harvest is survival rate until the next reproductive 1999, p. 12) concluded that, while allowed only in Kansas. The lesser season. Both Hunt and Best (2004, p. 93) density-dependent transmission of prairie-chicken has been listed as a and Giesen (1998, p. 11) do not believe disease was unlikely to have a threatened species in Colorado, hunting has an additive mortality on significant effect on lesser prairie- eliminating harvest of the species under lesser prairie-chickens, although, in the chicken populations, a disease that was the State’s Nongame and Endangered or past, hunting during periods of low transmitted independently of density Threatened Species Conservation Act population cycles may have accelerated could have drastic effects. Further since 1973. In March of 2009, Texas declines (Taylor and Guthery 1980b, p. research is needed to establish whether adopted a temporary, indefinite 2). However, because most remaining parasites limit prairie grouse suspension of their current 2-day season lesser prairie-chicken populations are populations. Peterson (2004, p. 35) until lesser prairie-chicken populations now very small and isolated, and urged natural resource decisionmakers recover to huntable levels. Previously in because they naturally exhibit a to be aware that macro- and micro- Texas, lesser prairie-chicken harvest clumped distribution on the landscape, parasites cannot be safely ignored as was not allowed except on properties they are likely vulnerable to local populations of species such as the lesser with an approved wildlife management extirpations through many mechanisms, prairie-chicken become smaller, more plan specifically addressing the lesser including harvest by humans. Braun et fragmented, and increasingly vulnerable prairie-chicken. When both Kansas and al. (1994, p. 435) called for definitive to the effects of disease. A recent Texas allowed lesser prairie-chicken experiments that evaluate the extent to analysis of the degree of threat to prairie harvest, the total annual harvest for both which hunting is additive at different grouse from parasites and infectious States was fewer than 1,000 birds harvest rates and in different patch disease concluded that microparasitic annually. sizes. They suggested conservative infections that cause high mortality In New Mexico, the lesser prairie- harvest regimes for small or fragmented across a broad range of galliform chicken was legally hunted until 1996 grouse populations because (wildfowl species such as turkeys and (Hunt 2004, p. 39). The annual harvest fragmentation likely decreases the grouse) hosts have the potential to in the 1960s averaged about 1,000 birds, resilience of populations to harvest. extirpate small, isolated prairie grouse but harvest declined to only 130 birds Sufficient information to determine the populations (Peterson 2004, p. 35). in 1979. Harvest rebounded a few years rate of localized harvest pressure is Some degree of impact from parasites later peaking in 1987 and 1988 when unavailable and, therefore, the Service and disease is a naturally occurring average harvest was about 4,000 birds cannot determine whether such harvest phenomenon for most wildlife species (Hunt 2004, p. 39). Harvest contributes to local population declines. and is one element of compensatory subsequently declined through the early We do not consider hunting to be a mortality (the phenomenon that various 1990s. threat to the species at this time. causes of mortality in wildlife tend to In Kansas, the current bag limit is one However, as populations of lesser balance each other, allowing the total lesser prairie-chicken daily south of prairie-chickens become smaller and mortality rate to remain constant) that Interstate 70 and two lesser prairie- more isolated by habitat fragmentation, operates among many species. However, chickens north of Interstate 70. The their resiliency to the influence of there is no information that indicates season typically begins in early hunting pressure will decline, likely parasites or disease are causing, or November and runs through the end of increasing the degree of threat that contributing to, the decline of any lesser December in southwestern Kansas. In hunting may pose to the species. prairie-chicken populations, and, at this the northwestern portion of the State, An additional activity that has the time, we have no basis for concluding the season typically extends through the potential to negatively affect individual that disease or parasite loads are a threat end of January. During the 2006 season, breeding aggregations of lesser prairie- to any lesser prairie-chicken hunters in Kansas expended 2,020 chickens is the growing occurrence of populations. Consequently, we do not hunter-days and harvested public and guided bird watching tours consider disease or parasite infections to approximately 340 lesser prairie- of leks during the breeding season. The be a significant factor in the decline of chickens. In 2010, 2,863 hunter-days site-specific impact of recreational the lesser prairie-chicken. However, were expended and an estimated 633 observations of lesser prairie-chicken at should populations continue to decline lesser prairie-chickens were harvested leks is currently unknown but daily or become more isolated by in Kansas (Pitman 2012a). Given the low human disturbance could reduce mating fragmentation, even small changes in number of lesser prairie-chickens activities, possibly leading to a

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reduction in total production. However, period. Research on lesser prairie- incidence of nest parasitism (Vance and disturbance effects are likely to be chickens may result in some capture Westemeier 1979, p. 224). Further minimal at the population level if and handling of the species. Capture- consequences are hypothesized to disturbance is avoided by observers induced stress may occur and could include the imprinting of the pheasant remaining in vehicles or blinds until lead to isolated instances of mortality or young from the parasitized nest to the lesser prairie-chickens naturally injury to individual birds. But such host species, and later attempts by male disperse from the lek and observations research is not widespread and likely pheasants to court females of the host are confined to a limited number of days does not cause significant population- species (Kimmel 1987, pp. 256–257). and leks. Solitary leks comprising fewer level impacts. Research is not Male pheasants have been observed than ten males are most likely to be anticipated to result in loss of habitat disrupting the breeding behavior of affected by repeated recreational and is therefore not likely to lead to greater prairie-chickens on leks (Sharp disturbance. Suminski (1977, p. 70) impacts from habitat fragmentation. We 1957, pp. 242–243; Follen 1966, pp. 16– strongly encouraged avoidance of are not aware of any other forms of 17; Vance and Westemeier 1979, p. 222). activities that could disrupt nesting utilization that are negatively impacting In addition, pheasant displays toward activities. Research is needed to lesser prairie-chicken populations. female prairie-chickens almost always quantify this potential threat to local There is currently no known, imminent cause the female to leave the lek (Vance populations of lesser prairie-chickens. threat of take attributed to collection or and Westemeier 1979, p. 222). Thus, an Research activities, such as roadside illegal harvest for this species, attempt by a male pheasant to display surveys and flush counts, that generally consequently, we conclude that on a prairie-chicken lek could disrupt tend to rely on passive sampling rather overutilization at current population the normal courtship activities of than active handling of the birds are not and harvest levels does not pose a threat prairie-chickens. likely to substantially impact the lesser to the species. Few published accounts of lesser prairie-chicken. When birds are flushed, prairie-chicken nest parasitism by some increased energy expenditure or Other Factors pheasants exist (Hagen et al. 2002, pp. exposure to predation may occur, but A number of other factors, although 522–524), although biologists from the impacts are anticipated to be minor they do not directly contribute to habitat KPWD, ODWC, Sutton Center, TPWD, and of short duration. Studies that loss or fragmentation, can influence the and the Oklahoma Cooperative Fish and involve handling of adults, chicks and survival of the lesser prairie-chicken. Wildlife Research Unit have given more eggs, particularly those involving the These factors, in combination with than 10 unpublished accounts of such use of radio transmitters, also may cause habitat loss and fragmentation, are occurrences. Westemeier et al. (1998, p. increased energy expenditure, predation likely to negatively influence the 858) documented statistically that for a exposure or otherwise impact persistence of the species. small, isolated population of greater individual birds. However such studies Nest Parasitism and Competition by prairie-chickens in Illinois, nest typically occur at a relatively small, Exotic Species parasitism by pheasants significantly localized scale and are not likely to reduced the hatchability of nests. They cause a direct impact to the population Ring-necked pheasants (Phasianus concluded that, in areas with high as a whole. Such studies are usually of colchicus) are nonnative species that pheasant populations, the survival of short duration, lasting no more than a overlap the estimated occupied range of isolated, remnant flocks of prairie- few years. the lesser prairie-chicken in Kansas and chicken may be enhanced by In summary, it is possible that harvest portions of Colorado, Oklahoma, Texas management intervention to reduce nest of lesser prairie-chickens through sport (Johnsgard 1979, p. 121), and New parasitism by pheasants (Westemeier et hunting might be contributing to a Mexico (Allen 1950, p. 106). Hen al. 1998, p. 861). While Hagen et al. decline of some populations, but the pheasants have been documented to lay (2002, p. 523) documented a rate of only best available information does not eggs in the nests of several bird species, 4 percent parasitism (3 of 75 nests) of show whether this is actually occurring including lesser prairie-chicken and lesser prairie-chicken nests in Kansas, and we have no basis on which to greater prairie-chicken (Hagen et al. the sample size was small and may not estimate whether hunting is 2002, pp. 522–524; Vance and reflect actual impacts across larger time contributing to decline in some areas. Westemeier 1979, p. 223; Kimmel 1987, and geographic scales, and precipitation However, as populations continue to p. 257; Westemeier et al. 1989, pp. 640– gradients. Competition with and decline and become more fragmented, 641; Westemeier et al. 1998, 857–858). parasitism by pheasants may be a the influence of sport harvest likely will Consequences of nest parasitism vary, potential factor that could negatively increase and could become a threat in and may include abandonment of the affect vulnerable lesser prairie-chicken the future. Public viewing of leks tends host nest, reduction in number of host populations at the local level, to be limited, primarily due to a general eggs, lower hatching success, and particularly if remaining native lack of public knowledge of lek parasitic broods (Kimmel 1987, p. 255). rangelands become increasingly locations and difficulty accessing leks Because pheasant eggs hatch in about 23 fragmented (Hagen et al. 2002, p. 524). located on private lands. Observations days, the potential exists for lesser More research is needed to understand by bird watchers are likely to be very prairie-chicken hens to cease and quantify impacts of pheasants on limited in extent and bird watchers, as incubation, begin brooding, and lesser prairie-chicken populations range a group, generally tend to minimize abandon the nest soon after the first wide. disturbance to birds as they conduct pheasant egg hatches. Nests of greater their activities. We expect the range prairie-chickens parasitized by Hybridization States will continue to conduct annual pheasants have been shown to have The sympatric (overlapping) lek counts, which contributes to a lower egg success and higher occupation of habitat and leks by greater temporary disturbance when the birds abandonment than unparasitized nests, prairie-chickens and lesser prairie- are flushed during attempts to count suggesting that recruitment and chickens in a small 250,000 ha (617,000 birds attending the leks. However these abundance may be impacted ac) portion of central and northwestern disturbances are intermittent and do not (Westemeier et al. 1998, pp. 860–861). Kansas may pose a potential, but limited occur repeatedly throughout the lekking Predation rates also may increase with threat to the species in that region.

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Hybridization between the two species that these birds were actually hybrids hybrids. Additionally, low population could lead to introgression (infiltration (Bain and Farley 2002, pp. 684–686). density may increase the susceptibility of the genes of one species into the gene Currently, the incidence of of lesser prairie-chickens to pool of another through repeated hybridization between greater prairie- hybridization, primarily within the zone backcrossing) and reduced reproductive chickens and lesser prairie-chickens of overlap, and could exacerbate the potential. Hybrid crosses between appears very low, less than 1 percent potentially negative effects of greater and lesser prairie-chickens have (309 individuals) of the estimated total hybridization. Hybridization is a been produced in captivity and the first population (MacDonald et al. 2012, p. particularly important issue for species generation of offspring are fertile; 21). The occurrence of hybridization that are rare and both fragmentation and however, mating of second-generation also is restricted to a small portion, habitat modification are significant hybrids produced a clutch of 26 eggs, about 250,000 ha (617,000 ac), of the factors that can contribute to increased but only 11 eggs were fertile and only overall current range (Bain and Farley rates of hybridization in some species four of those eggs hatched (Crawford 2002, p. 684). Although the density of (Rhymer and Simberloff 1996, pp. 83, 1978, p. 592). All four of those chicks leks within the area north of the 103; Allendorf et al. 2001, p. 613). died within one week of unknown Arkansas River in Kansas are high, the Presently, the immediate and long- causes. density of mixed leks is much lower term influence of hybridization on the Prior to EuroAmerican settlement of (MacDonald et al. 2012, p. 21). These species is unknown, although Johnsgard the Great Plains, the distributions of the populations are largely dependent on (2002, p. 32) did not consider current greater and lesser prairie-chicken likely fragmented tracts of CRP lands, and levels of hybridization to be genetically did not overlap, although it is lesser prairie-chicken populations may significant. Similarly, Johnson (2008, impossible to precisely determine their continue to expand within this region pp. 170–171) estimated that the rate of presettlement distribution patterns depending on implementation of CRP gene flow between lesser and greater (Johnsgard and Wood 1968, p. 174). projects and stochastic environmental prairie chickens was very low. Because Following human settlement and initial factors. Should greater prairie-chicken the current extent, both numerically and cultivation of the prairies, the populations in this region expand, areally, of hybridization appears very distribution of the greater and lesser increasing the extent of overlap in their small, we currently do not consider prairie-chicken expanded, at least until distributions, the incidence of hybridization to be a threat. the amount of cultivation was so hybridization also may increase. Interbreeding on the mixed leks could Currently we are unable to predict how result in some wasted reproductive extensive that some populations could the incidence of hybridization may effort but significant demographic not persist due to inadequate amounts change into the future. Additionally, the effects are not expected at current of native grassland intermingled with zone of hybridization may decrease in levels. However, continued monitoring cultivation (Johnsgard and Wood 1968, size or cease to exist entirely if the and additional investigation of p. 177). As indicated by Sharpe (1968, extent of cropland or suitable habitat hybridization between greater and lesser pp. 51, 174), the historical occurrence of changes in response to CRP. The zone prairie-chickens is encouraged. Should lesser prairie-chickens in Nebraska was of overlap could increase with time if the zone of overlap continue to expand, considered be the result of a short-lived the lesser prairie-chicken occupied hybridization could become a threat range expansion facilitated by human range shifts northward, particularly in with a significant impact on the lesser settlement and cultivation of grain light of climate changes that may occur prairie-chicken. crops. As their ranges expanded, some within the next 100 years. If the zone of Genetic Risks, Small Population Size overlap of lesser and greater prairie- overlap expands, the extent of and Lek Mating System chickens occurred, primarily in hybridization may increase. northwestern Kansas and southwestern Currently, we have no information on Anthropogenic habitat deterioration Nebraska. Where the two species came how these apparent hybrid individuals and fragmentation, as previously into contact, some natural hybridization interact and compete in breeding on the discussed in this rule, not only drives likely occurred but the frequency is lek. If the second generation hybrids range contractions and population unknown. As the range of the lesser truly are not viable, as reported by extinctions but also may have prairie-chicken shrank in response to Crawford (1978, p. 592), the risk of significant genetic and, thus, expanding conversion of the prairie, the introgression, should they be successful evolutionary consequences for the ranges of lesser and greater prairie- in competing for mates, is low. surviving populations. Genetic risks, chickens ceased to overlap, at least until However, the fertility of first and second such as reduced reproductive success, recently. Habitat restoration in generation hybrid individuals has not are an important concern for lesser northwestern Kansas, assisted by been rigorously tested. Theoretically, prairie-chickens, particularly successful planting of native grassland natural isolating mechanisms, such as considering the extensive reduction in CRP since 1985, likely facilitated the co- appearance, vocalization and courtship abundance and occupied range that has occupation of portions of their ranges. behavior would serve to minimize the occurred since EuroAmerican The ranges of greater and lesser prairie- incidence of hybridization. However, as settlement of the Great Plains, and such chickens now overlap within a seven discussed in the ‘‘Taxonomy’’ section, risks often impact species well before county region in Kansas (Bain and speciation in lesser and greater prairie- they are driven to extinction (Spielman Farley 2002, p. 684). chickens may be incomplete and natural et al. 2004, p. 15264; Frankham 2005, In this seven county area, Bain and isolating mechanisms may not operate pp. 134–135). Although we lack precise Farley (2002, p. 684) observed 12 birds effectively. Noise from human estimates of lesser prairie-chicken from nine mixed leks containing both developments that may mask abundance and distribution prior to greater and lesser prairie-chickens that vocalizations in lesser prairie-chickens, human settlement, we can infer from the appeared to be hybrids. These birds as previously discussed in the section estimates provided in the literature displayed external characteristics, on influence of noise, also may impact (previously discussed in section on courtship behaviors and vocalizations the ability of females to detect Historical Range and Distribution) that that were intermediate between the two differences in vocalizations between populations were considerably larger species but they were unable to confirm lesser prairie-chickens and their and more widely distributed than they

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are at present. Typically, these larger Factors such as drought, disease or from harmful genetic effects rises. populations have more genetic diversity predation can exert a more substantial Although an obvious oversimplification and are less vulnerable to extinction influence over small populations. Even of the process, the likelihood that lesser than smaller populations (Frankham small populations that are growing can prairie-chickens will experience 1996, pp. 1503–1507; Spielman et al. succumb to random changes in birth or detrimental genetic effects, such as 2004, p. 15261; Frankham 2005, p. 132; survival rates that may drive a inbreeding, is high and will only Willi et al. 2006, entire). population to extinction. The small, increase as population sizes decline and As surviving populations become fragmented lesser prairie-chicken become more fragmented over time. The more isolated due to fragmentation and populations that currently exist over potential for possible genetic effects is habitat loss, the movement of genetic portions of the estimated occupied amplified by the lek mating system, information (gene flow) between those range have an increased likelihood that where mating is performed by relatively populations declines, leading to loss of such harmful effects already may be, or few males (highly male skewed) (Oyler- genetic diversity and variability. Pruett soon will be, occurring. McCance et al. 2010, p. 121). et al. (2009b, p. 258) concluded that These genetic risks, and their suite of However, the tendency of female lesser prairie-chicken populations were associated harmful effects, may be lesser prairie-chickens and other prairie historically connected, as evidenced by amplified by the lek mating system grouse to typically nest near a lek other the lack of morphological variation characteristic of prairie grouse (Corman than the one on which they mated is an across the range and availability of 2011, pp. 34–35). When male prairie innate mechanism that can help genetic information which suggests that chickens select a site for displaying, enhance genetic mixing and reduce the the populations were contiguous and several factors such as high visibility, potential for of inbreeding to occur. gene flow occurred among the extant good auditory projection, and a lack of Bouzat and Johnson (2004, p. 504) populations. Considering increased ambient noise are known to influence believed that site fidelity in female levels of fragmentation can constrain selection of lek sites by prairie chickens, lesser prairie-chickens was lower than dispersal in lesser prairie-chickens, low and these same factors likely help aid that for males and may help ensure low levels of dispersal may contribute to females in locating the mating grounds relatedness in reproductive females at increased relatedness in both males and (Gregory et al. 2011, p. 29). Johnsgard leks. females at some lek sites. However, an (2002, p. 129) stressed that the mating Johnson (2008, p. 171) reported that analysis of genetic data collected in the system used by prairie grouse works gene flow is currently restricted early 2000s from Colorado, Kansas, New most effectively when populations are between lesser prairie-chicken Mexico and Oklahoma did not indicate dense enough to provide the visual and populations in New Mexico and those that population declines and habitat acoustic stimuli necessary to attract in Oklahoma and expressed concern fragmentation apparent at that time had prebreeding females to the lek. Once that genetic variability may decline due created any barriers to lesser prairie- established, the lek must then be large to reduced population sizes. Hagen et chicken dispersal (Hagen et al. 2010, p. enough to assure that the matings will al. (2010, p. 34) also reported that the 35). be performed by the most physically New Mexico population was A number of harmful effects, such as and genetically fit males. Lek breeding, significantly different from populations reduced reproductive success or disease where relatively few males sire in other States due to a lack of gene resistance, can have a genetic link and, offspring, tends to promote inbreeding flow. An isolated population of lesser over time, the loss of genetic variation (Bouzat and Johnson 2004, p. 503). prairie-chicken in New Mexico and and diversity allows these deleterious Therefore, as populations decline, southwest Texas was reported to have effects to become more prevalent as several events begin to exert influence lost genetic diversity due to separation population sizes decline or isolation on the viability of the affected from the main population, and this increases. Inbreeding occurs when the population. As populations decline, and separation may have occurred since the number of mates from which to choose the number of males attending a 1800s (Corman 2011, p. 114). become limited, increasing relatedness particular lek decline, the probability These findings are not unexpected among individuals and contributing to a that a lek will persistence also declines given information on lesser prairie- reduction in genetic variability. (Sandercock et al. 2012, p. 11). Females chicken movements. Pruett et al. Inbreeding can reduce reproductive may have difficulty locating leks as the (2009b, p. 258) report findings by the fitness and survival and increase number of leks decline. Females also Sutton Center that lesser prairie- extinction risk (Spielman et al. 2004, may not be attracted to an existing lek chickens in Oklahoma were observed to pp. 15261, 15263; Frankham 2005, pp. as male lek attendance declines and the move as much as 20 to 30 km (12 to 19 132–133, 136). Other genetic factors corresponding collective visual and mi), but the extant lesser prairie-chicken such as mutation and genetic drift auditory display diminishes. Relatedly, populations in New Mexico and (change in the genetic composition of a as the number of male birds attending Oklahoma are separated by more than population due to chance events) also a particular lek declines, females will 200 km (124 mi). Given the limited can influence genetic diversity and may have fewer and fewer choices from movements of individual lesser prairie- contribute to increased extinction risk which to select a mate, reducing the chickens and the distance between these over long time spans. A loss of genetic likelihood that females will select the two populations, Pruett et al. (2009b, p. diversity also may reduce the ability of most fit male. Because male lesser 258) considered interaction between individuals and populations to respond, prairie-chickens have high site fidelity these populations to be highly unlikely. or adapt, to changing environmental and consistently return to a particular Johnson (2008, p. 171) speculated that conditions, potentially impacting long- lek site (Copelin 1963, pp. 29–30; the observed estimate of gene flow term stability and viability (Willi et al. Hoffman 1963, p. 731; Campbell 1972, between the New Mexico and Oklahoma 2006, pp. 447–450; Hughes et al. 2008, pp. 698–699), the same dominant, but populations could be due to effects of pp. 615–617, 620; Frankham 2005, p. perhaps less fit, male may conduct the recent genetic drift as habitat 135). As populations decline, they majority of the matings. As this fragmentation and isolation developed become more sensitive to random continues over several successive years, between the New Mexico and Oklahoma demographic, environmental, and the potential for inbreeding becomes populations. Corman (2011, p. 116) catastrophic (non-genetic) events. more prevalent and the risk of impacts stated that prolonged separation by an

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isolated population in southwest Texas lek mating system, while not a range. Further isolation could impact and eastern New Mexico may have significant concern at current the viability of the New Mexico- contributed to reduced variability in population levels, could begin to southwest Texas population. Continued mitochondrial Deoxyribonucleic acid substantially impact lesser prairie- loss of genetic variation may negatively (mtDNA, genetic material). Further chickens in the future, should impact the long-term viability of some examination of the viability of existing populations continue to decline or lesser prairie-chicken populations. lesser prairie-chicken populations will become more isolated by habitat Surface Water Impoundments be needed to thoroughly describe the fragmentation. The population in Deaf effects of small population size and Smith County, Texas is already showing Dams have been constructed on isolation on persistence of the lesser signs of inbreeding due to isolation (see streams within the range of the lesser prairie-chicken. discussion in section on Conservation prairie-chicken to produce Dispersal is an important Genetics). Additionally, genetic impoundments for flood control, water demographic factor that contributes to examination of the northeast Texas supply, and other purposes. The genetically viable populations (Johnson population revealed a dependence upon impounded waters flood not only 2003, p. 62). Fragmentation that restricts gene flow from Oklahoma and Kansas to affected stream segments and riparian dispersal capabilities can have dramatic maintain adequate levels of genetic areas, but also adjacent areas of impacts on the level of genetic diversity. If this gene flow is disrupted grassland and shrubland habitats that variability and thus evolutionary by habitat fragmentation, the northeast potentially provided usable space for potential of surviving populations Texas population also could be lesser prairie-chickens. Although lesser (Johnson 2003, p. 62). Populations, such impacted by the effects of inbreeding. prairie-chickens may make use of free- as the lesser prairie-chicken, that have Considering Corman (2011, pp. 49–50) standing water, as is retained in surface undergone large decreases in population observed that both the Deaf Smith and impoundments, its availability is not size are likely to lose genetic variation the Gray-Donley County populations critical for survival of the birds (Giesen (Nei et al. 1975, Maruyama and Fuerst were intermediate between the New 1998, p. 4). 1985). Resistance to disease and ability Mexico-southwest Texas population and The historical range of the lesser of populations to respond to lesser prairie-chicken populations prairie-chicken contains approximately environmental disturbances may also throughout the remainder of the range, 25 large impoundments with a surface decrease with the loss of genetic existing and anticipated genetic impacts area greater than 1,618 ha (4,000 ac), the variation (Lacy 1997). to these populations would further largest 20 of these (and their normal We have determined that genetic risks isolate the New Mexico-southwest surface acreage) are listed from largest to related to small population size and the Texas population from the rest of the smallest in Table 5, below.

TABLE 5—IMPOUNDMENTS WITH SURFACE ACREAGE GREATER THAN 1,618 HA (4,000 AC) WITHIN THE HISTORICAL RANGE OF THE LESSER PRAIRIE-CHICKEN

Impoundment Surface acreage State

John Martin Reservoir ...... 8,302 ha (20,515 ac) ...... Colorado. O. H. Ivie Lake ...... 7,749 ha (19,149 ac) ...... Texas. Lake Meredith ...... 6,641 ha (16,411 ac) ...... Texas. Lake Kemp ...... 6,309 ha (15,590 ac) ...... Texas. Lake Arrowhead ...... 6,057 ha (14,969 ac) ...... Texas. E. V. Spence Reservoir ...... 6,050 ha (14,950 ac) ...... Texas. Hubbard Creek Reservoir ...... 6,038 ha (14,922 ac) ...... Texas. Twin Buttes Reservoir ...... 3,965 ha (9,800 ac) ...... Texas. Cheney Reservoir ...... 3,859 ha (9,537 ac) ...... Kansas. Wilson Lake ...... 3,642 ha (9,000 ac) ...... Kansas. Foss Lake ...... 3,561 ha (8,800 ac) ...... Oklahoma. Great Salt Plains Lake ...... 3,516 ha (8,690 ac) ...... Oklahoma. Ute Reservoir ...... 3,318 ha (8,200 ac) ...... New Mexico. Canton Lake ...... 3,201 ha (7,910 ac) ...... Oklahoma. J. B. Thomas Reservoir ...... 2,947 ha (7,282 ac) ...... Texas. Cedar Bluff Reservoir ...... 2,779 ha (6,869 ac) ...... Kansas. Lake Brownwood ...... 2,626 ha (6,490 ac) ...... Texas. Tom Steed Lake ...... 2,590 ha (6,400 ac) ...... Oklahoma. Lake Altus-Lugert ...... 2,533 ha (6,260 ac) ...... Oklahoma. Lake Kickapoo ...... 2,439 ha (6,028 ac) ...... Texas.

Total ...... 88,129 ha (217,772 ac). (Sources: Kansas Water Office 2012, New Mexico State Parks 2012, Texas Parks and Wildlife Department 2012, Texas State Historical Asso- ciation 2012, U.S. Army Corps of Engineers 2012, U.S. Bureau of Reclamation 2012.)

In addition, the historical range of the impoundments (floodwater retarding Commission 2005), and, within the lesser prairie-chicken contains many structures) within the historical range of portion of the lesser prairie-chicken’s smaller impoundments, such as the lesser prairie-chicken, through the historical range in that State, the USDA municipal reservoirs and upstream Watershed Protection and Flood constructed 574 floodwater retarding flood control projects. For example, Prevention Program. The program was structures, totaling 6,070 ha (15,001 ac) beginning in the mid-1900s, the USDA implemented to its greatest extent in (Elsener 2012). Similarly, within the constructed hundreds of small Oklahoma (Oklahoma Conservation portion of the lesser prairie-chicken’s

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historical range in Texas, the USDA range have eliminated potential habitat, potential listing of the lesser prairie- constructed 276 floodwater retarding and continue to displace former areas of chicken under New Mexico’s Wildlife structures, totaling 8,293 surface acres lesser prairie-chicken habitat, including Conservation Act. In 1999, the (Bednarz 2012). In Kansas, considerably small areas within the estimated recommendation to list the lesser fewer floodwater retarding structures occupied range, construction of large prairie-chicken as a threatened species were constructed within the historical impoundments has slowed considerably under the Wildlife Conservation Act range, totaling 857 ha (2,118 ac) (Gross over the past several decades. Habitat was withdrawn until more information 2012). Even fewer such structures were losses from reservoir construction are was collected from landowners, lessees, constructed in Colorado and New small, constituting roughly 0.2 percent and land resource managers who may be Mexico. of the historical range. However, affected by the listing or who may have Cumulatively, the total area of considering low population density can information pertinent to the historical lesser prairie-chicken range increase the susceptibility of lesser investigation. In late 2006, the New lost due to construction of large, prairie-chicken to possible genetic Mexico State Game Commission medium, and small impoundments is effects and increase the negative effects determined that the lesser prairie- about 98,413 ha (243,184 ac), or roughly of hybridization, nest parasitism, and chicken would not be State-listed in 0.2 percent of the historical range, and competition, we consider the effects of New Mexico. New Mexico’s Wildlife is much less than the amount of habitat these natural and manmade factors to be Conservation Act, under which the lost or degraded by other factors a threat to the lesser prairie-chicken. lesser prairie-chicken could have been discussed in this rule (e.g., conversion listed, offers little opportunity to Adequacy of Existing Regulatory of rangeland to cropland and prevent otherwise lawful activities. overgrazing). The Service expects a large Mechanisms Regardless of each State’s listing majority of existing reservoirs to be Regulatory mechanisms, such as status, most occupied lesser prairie- maintained over the long term. Federal, state, and local land use chicken habitat throughout its estimated Therefore, these structures will continue regulations or laws, may provide occupied range occurs on private land to displace former areas of lesser prairie- protection from some threats provided (Taylor and Guthery 1980b, p. 6), where chicken habitat, as well as fragment those regulations and laws are not State conservation agencies have little surrounding lands as habitat for the discretionary and are enforceable. authority to protect or direct lesser prairie-chicken, but the overall In 1973, the lesser prairie-chicken was management of the species’ habitat. All habitat loss is relatively minor. Because listed as a threatened species in five States in the estimated occupied extensive new dam construction is not Colorado under the State’s Nongame range have incorporated the lesser anticipated within the lesser prairie- and Endangered or Threatened Species prairie-chicken as a species of chicken’s range, the Service considers it Conservation Act. While this conservation concern and management unlikely that reservoir construction will designation prohibits unauthorized take, priority in their respective State significantly impact lesser prairie- possession, and transport, that Wildlife Action Plans. While chickens in the future. adequately protects the species from identification of the lesser prairie- In summary, several other natural or direct purposeful mortality by humans, chicken as a species of conservation manmade factors are affecting the no protections are provided for concern does help heighten public continued existence of the lesser prairie- destruction or alteration of lesser awareness, this designation provides no chicken. Parasitism of lesser prairie- prairie-chicken habitat. In the remaining protection from direct take or habitat chicken nests by pheasants and States, the lesser prairie-chicken is destruction or alteration. hybridization with greater prairie classified as a game species, although Some States, such as Oklahoma, have chickens have been documented but the the legal harvest is now closed in New laws and regulations that address use of incidence is low. The impact is not Mexico, Oklahoma, and Texas. State school lands, primarily based on significant at current levels. Accordingly, the State conservation maximizing financial return from Hybridization is occurring in a small agencies have the authority to regulate operation of these lands. However, the portion of the estimated occupied range possession of the lesser prairie-chicken, scattered nature of these lands and but the immediate and long-term set hunting seasons, and issue citations requirement to maximize financial influence of hybridization on the for poaching. For example, Texas returns minimize the likelihood that species is unknown. The incidence of Statute (Parks and Wildlife Code these lands will be managed to reduce hybridization is low, typically about 1 Section 64.003) prohibits the degradation and fragmentation of percent of the estimated total destruction of nests or eggs of game habitat and ensure the conservation of population. However, should the zone birds such as the lesser prairie-chicken. the species. of overlap between lesser and greater These authorities provide lesser prairie- Lesser prairie-chickens are not prairie-chickens expand, hybridization chickens with protection from direct covered or managed under the could become a more significant stressor mortality caused by hunting and provisions of the Migratory Bird Treaty in the future. As lesser prairie-chicken prohibit some forms of unauthorized Act (16 U.S.C. 703–712) because they populations decline, number of take, and have been adequate to address are considered resident game species. potential genetic factors associated with any concerns of overhunting, as The lesser prairie-chicken has an reduced population size may begin to evidenced by the fact that these states International Union for Conservation of become more prevalent, particularly as have closed harvest in response to low Nature (IUCN) Red List Category of populations become more isolated. population levels. Alternatively, these ‘‘vulnerable’’ (BirdLife International Although genetic risks related to small authorities do not provide protection for 2008), and NatureServe currently ranks population size and the lek mating destruction or alteration of the species’ the lesser prairie-chicken as G3— system are not a significant concern at habitat. Vulnerable (NatureServe 2011, entire). current population levels, they could In July of 1997, the NMDGF received The lesser prairie-chicken also is on the begin to substantially impact lesser a formal request to commence an National Audubon Society’s WatchList prairie-chickens in the future, Although investigation into the status of the lesser 2007 Red Category, which is ‘‘for past construction of surface water prairie-chicken within New Mexico. species that are declining rapidly or impoundments within the historical This request began the process for have very small populations or limited

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ranges, and face major conservation Northern District of California (Citizens In 2008, a new National Forest System threats.’’ However, none of these for Better Forestry v. United States Land Management Planning Rule (36 designations provide any regulatory Department of Agriculture, 632 F. Supp. CFR Part 219) took effect and was used protection. 2d 968 (N.D. Cal. June 30, 2009)). A new to guide the development of a Land and There are six National Grasslands planning rule was finalized in 2012 (77 Resource Management Plan for the located within the estimated historical FR 67059) and became effective on May Comanche and Cimarron National range of the lesser prairie-chicken. Two 9, 2012. The transition provisions of the Grasslands. That plan was one of the of the six, the Comanche National 2012 planning rule (36 CFR first plans developed and released Grassland in Colorado and the Cimarron 219.17(b)(3)) allow those National under the 2008 planning rule. The National Grassland in Kansas, occur Forest System lands that had initiated predecisional review version of the within the estimated occupied range. plan development, plan amendments, or Cimarron and Comanche National The remaining four occur within or plan revisions prior to May 9, 2012, to Grasslands Land Management Plan was adjacent to counties that are occupied continue using the provisions of the made available to the public on October with lesser prairie-chickens, but the prior planning regulation. The Cibola 17, 2008. The lesser prairie-chicken was National Grasslands themselves are not National Forest and Grasslands used the included as a species-of-concern in within the delineation of the estimated accordance with guidance available in guidance of the 2012 Planning Rule occupied range. The National the existing planning rule (USFS 2008, transition language allowing the Grasslands are managed by the USFS, p. 35). As defined in the 2008 planning provisions of the 1982 Planning Rule, have been under Federal ownership rule, species-of-concern are species for since the late 1930s, and were officially including the requirement to prepare an which the Responsible Official designated as National Grasslands in Environmental Impact Statement, to determines that management actions 1960. The Kiowa, Rita Blanca, Black complete the new plan for these may be necessary to prevent listing Kettle, and McClellan Creek National National Grasslands. The management under the Endangered Species Act (36 Grasslands are administered by the strategies for management of these CFR 219.16). Identification of the lesser Cibola National Forest. The Kiowa National Grasslands provide a strategic, prairie-chicken as a species-of-concern National Grassland covers 55,659 ha outcome-oriented, programmatic in the Cimarron and Comanche National (137,537 ac) and is located within Mora, framework for future activities and will Grasslands Land Management Plan led Harding, Union, and Colfax Counties, be implemented at the District level to inclusion of planning objectives New Mexico. The Rita Blanca National through the application of certain targeting improvement of the species’ Grassland covers 37,631 ha (92,989 ac) Desired Conditions, Objectives, habitat, as described below. and is located within Dallam County, Standards, and Guidelines. The The Comanche and Cimarron Texas, and Cimarron County, Environmental Impact Statement National Grasslands currently manage Oklahoma. The Black Kettle National highlights that the new plan will allow the Comanche Lesser Prairie-chicken Grassland covers 12,661 ha (31,286 ac) for enhancement of lesser prairie- Habitat Zoological Area, now designated and is located within Roger Mills chicken habitat by moving vegetation as a Colorado Natural Area, which County, Oklahoma, and Hemphill types toward the species’ desired encompasses an area of 4,118 ha (10,177 County, Texas. The McClellan Creek vegetation structures and species ac) that is managed to benefit the lesser National Grassland covers 586 ha (1,449 composition, in addition to reducing prairie-chicken. Current conditions on ac) and is located in Gray County, mortality caused by fence collision. As this area include existing oil and gas Texas. No breeding populations of lesser explained above, the transition leases, two-track roads, utility corridors, prairie-chickens are known to occur on provisions (36 CFR 219.17(b)(3)) of the and livestock grazing. Wildfires on the these holdings. 2012 planning rule allow the use of the area have been suppressed over the last The Comanche and Cimarron provisions of the 1982 planning rule, 30 years. The area provides a special National Grasslands are under the including the requirement that viewing area for the lesser prairie- administration of the Pike and San management indicator species be chicken, which has been closed to Isabel National Forest. The Comanche identified as part of the plan. protect lekking activities. The 1984 plan National Grassland covers 179,586 ha Management indicator species serve specifies that the condition of the area (443,765 ac) and is located within Baca, should meet the special habitat needs of multiple functions in forest planning: Las Animas, and Otero Counties, the lesser prairie-chicken, specifically Focusing management direction Colorado. The Cimarron National protection of leks from all surface developed in the alternatives, providing Grassland covers 43,777 ha (108,175 ac) disturbance, protection of nesting and is located in Morton and Stevens a means to analyze effects on biological habitat from surface disturbance during Counties, Kansas. Both of these areas are diversity, and serving as a reliable the nesting period (April 15 to June 30) known to support breeding lesser feedback mechanism during plan and limiting forage use by livestock and prairie-chickens. The National Forest implementation. The latter often is wild herbivores to no more than 40 Management Act of 1976 and the accomplished by monitoring population percent. associated planning rule in effect at the trends in relationship to habitat The USFS contracted with lesser time of planning initiation are the changes. Although suitable habitat is prairie-chicken experts to prepare the principal law and regulation governing present, no breeding populations of lesser prairie-chicken technical the planning and management of lesser prairie-chickens are known from conservation assessment, which is a National Forests and National the Kiowa, Rita Blanca, Black Kettle, succinct evaluation of species of Grasslands by the USFS. and McClellan Creek National potential viability concern, (Robb and Planning for the Kiowa, Rita Blanca, Grasslands. Consequently, the lesser Schroeder 2005, entire). The Black Kettle, and McClellan Creek prairie-chicken is not designated as a conservation assessment addresses the National Grasslands was well underway management indicator species in the biology, ecology, conservation, and when the 2008 National Forest System plan. Instead the lesser prairie-chicken management of the species throughout Land Management Planning Rule was is included on the Regional Forester’s its range, but it primarily focuses on enjoined on June 30, 2009, by the sensitive species list and as an At-Risk Colorado and Kansas (Forest Service United States District Court for the species. Region 2) (Robb and Schroeder 2005, p.

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7). Species conservation assessments 120,529 ha (297,832 ac) of Federal occupied range in New Mexico. The produced as part of the Species minerals below private surface effect of these best management Conservation Project are designed to ownership. The core of currently practices on the status of the lesser provide land managers, biologists, and occupied lesser prairie-chicken habitat prairie-chicken is unknown, particularly the public with a thorough discussion of in New Mexico is within the Roswell considering about 33,184 ha (82,000 ac) the biology, ecology, conservation, and BLM Resource Area. However, the have already been leased in those areas management of the lesser prairie- Carlsbad BLM Resource Area comprised (BLM 2008, p. 8). The effectiveness of chicken based on existing scientific much of the historical southern the amended RMPA is hampered by a knowledge and to provide the ecological periphery of the species’ range in New lack of explicit measures designed to background upon which management Mexico. improve the status of the lesser prairie- should be based, focusing on the The BLM established the 23,278-ha chicken, limited certainty that resources consequences of changes in the (57,522-ac) Lesser Prairie-Chicken will be available to carry out the environment that result from Habitat Preservation Area of Critical management plan, limited regulatory or management (Robb and Schroeder 2005, Environmental Concern (ACEC) upon procedural mechanisms in place to p. 7). This conservation assessment for completion of the RMPA in 2008; the carry out the efforts, lack of monitoring the lesser prairie-chicken was purpose of the ACEC is to maintain and efforts, and provision for exceptions to completed in 2005 and affirmed the enhance habitat for the lesser prairie- the best management practices under need for the USFS to retain sensitive chicken and the dunes sagebrush lizard certain conditions, which could negate species status designation for the lesser (Sceloporus arenicolus) (BLM 2008, p. the benefit of the conservation prairie-chicken. The criteria evaluated 1). The management goal for the ACEC measures. for inclusion on the sensitive species is to protect the biological qualities of The amended RMPA stipulates that list include distribution, dispersal the area, with emphasis on the implementation of measures designed to capability, abundance, population preservation of the shinnery oak-dune protect the lesser prairie-chicken and trend, habitat trend, habitat community to enhance the biodiversity dunes sagebrush lizard may not allow vulnerability or modification, and life of the ecosystem, particularly habitats approval of all spacing unit locations or history and demographics. The sensitive for the lesser prairie-chicken and the full development of a lease (BLM 2008, species recommendation form for the dunes sagebrush lizard. The ACEC not p. 8). In addition, the RMPA prohibits lesser prairie-chicken states that the only includes 20,943 ha (51,751 ac) drilling and exploration in lesser species clearly warrants sensitive public land surface acres, in addition to prairie-chicken habitat between March 1 species designation because habitat loss, State trust land and private land, but and June 15 of each year (BLM 2008, p. fragmentation and degradation are still also includes 18,981 ha (46,902 ac) of 8). No new mineral leases will be issued significant risk factors on both USFS Federal mineral estate (BLM 2008, p. on approximately 32 percent of Federal and surrounding private lands. 30). Upon designation, the ACEC was mineral acreage within the RMPA Management activities on the National closed to future oil and gas leasing, and planning area (BLM 2008, p. 8), Grasslands throughout the range of the existing leases would be developed in although some exceptions are allowed lesser prairie-chicken may be guided by accordance with prescriptions on a case-by-case basis (BLM 2008, pp. the technical conservation assessment; applicable to the Core Management Area 9–11). Within the Core Management however, the document only provides as described below (BLM 2008, p. 30). Area and Primary Population Area, new Additional management prescriptions leases will be restricted in occupied and summaries of existing scientific for the ACEC include designation as a suitable habitat; however, if there is an knowledge, discussion of broad right-of-way exclusion area, vegetation overall increase in reclaimed to implications of that knowledge, and management to meet the stated disturbed acres over a 5-year period, outlines of information needs. The management goal of the area, and new leases in these areas will be technical conservation assessment does limiting the area to existing roads and allowed (BLM 2008, p. 11). Considering not seek to develop specific trails for off-highway vehicle use (BLM Hunt and Best (2004, p. 92) concluded prescriptions for management of 2008, p. 31). All acres of the ACEC have that petroleum development at intensive populations and habitats. Instead, it is been closed to grazing through levels likely is not compatible with intended to provide the ecological relinquishment of the permits except for populations of lesser prairie-chicken, background upon which management one 1393 ha (3,442 ac) allotment. additional development in the Core should be based and focuses on the The BLM’s amended RMPA (BLM Management Area and Primary consequences of changes in the 2008, pp. 5–31) provides some limited Population Area habitat management environment that result from protections for the lesser prairie-chicken units may hinder long-term management (i.e., management in New Mexico by reducing the number conservation of the species in New implications). This document can be of drilling locations, decreasing the size Mexico. The RMPA allows lease found at http://www.fs.fed.us/r2/ of well pads, reducing the number and applicants to voluntarily participate in a projects/scp/assessments/ length of roads, reducing the number of power line removal credit to encourage lesserprairiechicken.pdf. powerlines and pipelines, and removal of idle power lines (BLM 2008, The other primary Federal surface implementing best management pp. 2–41). In the southernmost habitat ownership of lands occupied by the practices for development and management units, the Sparse and lesser prairie-chicken is administered by reclamation. Implementation of these Scattered Population Area and the the BLM in New Mexico. In New protective measures, particularly Isolated Population Area, where lesser Mexico, roughly 41 percent of the curtailment of new mineral leases, prairie-chickens are now far less known historical and most of the would be greatest in the Core common than in previous decades estimated occupied lesser prairie- Management Area and the Primary (Hunt and Best 2004), new leases will chicken range occurs on BLM land. The Population Area habitat management not be allowed within 2.4 km (1.5 mi) BLM currently manages approximately units (BLM 2008, pp. 9–11). The Core of a lek (BLM 2008, p. 11). 342,969 surface ha (847,491 ac) within Management and Primary Population The overall ineffectiveness of certain lesser prairie-chicken range in eastern Areas are located in the core of the imposed energy development New Mexico. They also oversee another lesser prairie-chicken estimated stipulations near leks for the purpose of

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protecting grouse on Federal lands has processes. As a result, Federal law and level have not been sufficient to halt the been confirmed for sage grouse. policy does not generally regulate the decline of the species. Further, the best Holloran (2005, p. 57) and Naugle et al. wind development activities in regard to available information does not show any (2006a, p. 3) documented that sage the lesser prairie-chicken. existing regulatory mechanisms at the grouse avoid energy development The current lack of regulatory local level that address the identified (coalbed methane) not only in breeding oversight and public notice threats to the species. In spite of the and nesting habitats, but also in requirements for the construction of existing regulatory mechanisms, the wintering habitats. They assert that wind generation and related current and projected threat from the current best management practices in transmission facilities is a concern. loss and fragmentation of lesser prairie- use by Federal land management Specifically, the Service is unaware of chicken habitat and range is still agencies that place timing stipulations any state or Federal mechanisms that ongoing. The existing regulatory or limit surface occupancy near greater require potential wind energy producers mechanisms have not been effective at sage-grouse leks result in a human to disclose the location, size, and removing all of the impacts to lesser footprint that far exceeds the tolerance anticipated construction date for prairie-chickens and their habitat. limits of sage grouse. Ultimately, they pending projects on non-Federal lands Determination recommended that effective or require analysis under the provisions conservation strategies for grouse must of the NEPA. Lacking the ability to Section 4 of the Act (16 U.S.C. 1533), limit the cumulative impact of habitat obtain pertinent siting information or and its implementing regulations at 50 disturbance, modification, and analyze alternative siting locations, CFR part 424, set forth the procedures destruction in all habitats and at all neither the Service nor State for adding species to the Federal Lists times of the year (Holloran 2005, p. 58; conservation agencies currently have of Endangered and Threatened Wildlife Naugle et al. 2006b, p. 12). Additional the ability to accurately influence the and Plants. Under section 4(a)(1) of the research on the effect of petroleum size or timing of wind generation Act, we may list a species based on (A) development on lesser prairie-chicken is construction activities within occupied The present or threatened destruction, needed. However, available information lesser prairie-chicken habitat. modification, or curtailment of its on the lesser prairie-chicken (Suminski In summary, most occupied lesser habitat or range; (B) overutilization for 1977, p. 70; Hagen et al. 2004, pp. 74– prairie-chicken habitat occurs on private commercial, recreational, scientific, or 75; Hunt and Best 2004, p. 92; Pitman land, where State conservation agencies educational purposes; (C) disease or et al. 2005, pp. 1267–1268) indicates currently have little authority to protect predation; (D) the inadequacy of that the effect of petroleum lesser prairie-chicken or facilitate and existing regulatory mechanisms; or (E) development is often detrimental, monitor management of lesser prairie- other natural or manmade factors particularly during the breeding season. chicken habitat beyond regulating affecting its continued existence. Listing Because only about 4 percent of the recreational harvest. Because most actions may be warranted based on any species’ overall range occurs on Federal lesser prairie-chicken habitat of the above threat factors, singly or in lands, the Service recognizes that the destruction and modification on private combination. lesser prairie-chicken cannot be fully land occurs through otherwise lawful As required by the Act, we considered recovered on Federal lands alone. activities such as agricultural the five factors in assessing whether the However, no laws or regulations conversion, livestock grazing, energy lesser prairie-chicken meets the currently protect lesser prairie-chicken development, and fire exclusion, few (if definition of an endangered or a habitat on private land, aside from State any) regulatory mechanisms are in place threatened species. We examined the harvest restrictions. Therefore, the to substantially alter human land uses at best scientific and commercial Service views decisions regarding the a sufficient scale to protect lesser information available regarding the past, management and leasing of Federal prairie-chicken populations and their present, and future threats faced by the lands and minerals within existing habitat. While almost no regulatory lesser prairie-chicken. Based on our lesser prairie-chicken range as protection is in place for the species, review of the best available scientific important to the future conservation and regulatory incentives, in the form of and commercial information, we find persistence of the species. county, state, and national legislative the lesser prairie-chicken is likely to Since 2004, the construction of actions, have been created to facilitate become in danger of extinction in the commercial wind energy projects near the expansion of activities that result in foreseeable future and, therefore, meets and within estimated occupied lesser fragmentation of occupied lesser prairie- the definition of a threatened species. prairie-chicken habitat has raised chicken habitat, such as that resulting The life history and ecology of the concerns about the potential negative from oil, gas, and wind energy lesser prairie-chicken make it effects such projects may have on the development. For the remaining 4 exceptionally vulnerable to changes on species, if constructed at large scales in percent of occupied habitat currently the landscape, especially at its currently occupied range. As discussed under Federal management, habitat reduced numbers. As discussed above, previously, a rapid expansion of quality depends primarily on factors this vulnerability to habitat impacts transmission lines and associated wind related to multiple use mandates, such results from the species’ lek breeding energy development throughout large as livestock grazing and oil, gas, and system, which requires males and portions of occupied lesser prairie- wind power development activities. females to be able to hear and see each chicken range is occurring. Because Because prior leasing commitments and other over relatively wide distances; the most wind development activities are management decisions on the majority need for large patches of habitat that privately funded and are occurring on of occupied parcels of Federal land offer include several types of microhabitats; private land, wind energy siting, little flexibility for reversal, any new and the behavioral avoidance of vertical development, and operation falls regulatory protection for uncommitted structures. Specifically, the lesser outside the purview of the National land units are important and will take prairie-chicken’s behavioral avoidance Environmental Policy Act of 1969 time to achieve substantial benefits for of vertical structures causes its habitat (NEPA) and, within the range of the the species in the long term. to be more functionally fragmented than lesser prairie-chicken, other Federal We note that the existing regulatory another species’ habitat would be. For conservation statues and regulatory mechanisms at the Federal and State example, a snake likely would continue

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to use habitat underneath a wind adults, among other things. Habitat to be in danger of extinction in the turbine, but the lesser prairie-chicken’s patches that do not contain all of these foreseeable future. predator avoidance behavior causes it to microhabitats may support population We must then assess whether the avoid a large area (estimated to be 1 persistence but may not support species is in danger of extinction now mile) around a tall vertical object. The thriving populations that can produce (i.e., an endangered species) or is likely habitat within that 1.6-km (1-mi) buffer surplus males capable of colonizing new to become in danger of extinction in the continues to be otherwise suitable for areas or recolonizing previously foreseeable future (i.e., a threatened lesser prairie-chickens, but the entire extirpated areas. species). In assessing the status of the area is avoided because of the vertical The species has a reduced population lesser prairie-chicken, we applied the structure. As a result, the impact of any size and faces ongoing habitat loss and general understanding of ‘‘in danger of individual fragmenting feature is of degradation. The species will lack extinction’’ as discussed in the higher magnitude than the physical sufficient redundancy and resiliency to December 22, 2010, memo to the polar footprint of that structure would suggest ensure its viability from present and bear listing determination file, it should be. future threats. As a result, the status of ‘‘Supplemental Explanation for the The ongoing and future impacts of the species has been reduced to the Legal Basis of the Department’s May 15, cumulative habitat loss and point that individual populations are 2008, Determination of Threatened fragmentation to the lesser prairie- vulnerable to extirpation due to a Status for the Polar Bear,’’ signed by chicken are widespread and of high variety of stochastic events (e.g., then Acting Director Dan Ashe magnitude. Most importantly, the drought, winter storms). These (hereafter referred to as Polar Bear probable future negative impacts to the extirpations are especially significant Memo). As discussed in the Polar Bear species and its habitat are the result of because, in many places, there are no Memo, a key statutory difference conversion of grasslands to agricultural nearby, connected populations with between an endangered species and a uses; encroachment by invasive, woody robust numbers that can rescue the threatened species is the timing of when plants; wind energy development; extirpated populations (i.e., be a source a species may be in danger of extinction petroleum production; roads; and for recolonization). Stochastic events (i.e., currently on the brink of presence of manmade vertical will not affect all populations equally extinction), either now (endangered structures, including towers, utility such all of the remaining populations species) or in the foreseeable future lines, fences, turbines, wells, and are not likely to be extirpated at once; (threatened species). buildings. The historical and current however, without intervention, As discussed in the Polar Bear Memo, impact of these fragmenting factors has population numbers will continue to because of the fact-specific nature of reduced the status of the species to the decline and the range of the species will listing determinations, there is no single point that individual populations are continue to contract. metric for determining if a species is ‘‘in vulnerable to extirpation as a result of There are numerous ongoing danger of extinction’’ now. Nonetheless, stochastic events such as extreme conservation efforts throughout the the practice of the Service over the past weather events. Additionally, these range of the species that are working to four decades has been consistent. populations are more vulnerable to the reduce or remove many of the threats Species that the Service has determined effects of climate change, disease, and affecting the lesser prairie-chicken. to be in danger of extinction now, and predation than they would have been at However, those existing efforts are therefore appropriately listed as an historical population levels. These largely focused on just one or two of the endangered species, generally fall into threats are currently impacting lesser threats that the lesser prairie-chicken is four basic categories: prairie-chickens throughout their range facing, and, in total, those efforts largely (1) Species facing a catastrophic threat and, as detailed individually above, are do not address two of the more from which the risk of extinction is projected to increase in severity into the significant threats to the lesser prairie- imminent and certain. foreseeable future. chicken into the future, namely oil and (2) Narrowly restricted endemics that, The range of the lesser prairie-chicken gas development and wind energy as a result of their limited range or has been reduced by an estimated 84 development. Additionally, despite population size are vulnerable to percent since pre-European settlement. those ongoing efforts, the status of the extinction from elevated threats. The vulnerability of lesser prairie- species has continued to decline, (3) Species formally more widespread chickens to changes on the landscape is presumably as a result of the effects of that have been reduced to such critically magnified compared to historical times drought. The WAFWA recently low numbers or restricted ranges that due to the species’ reduced population finalized their rangewide plan, a they are at a high risk of extinction due numbers, prevalence of isolated landmark conservation effort that is to threats that would not otherwise populations, and reduced range. There intended to address, in part, those threat imperil the species. are few areas of large patches of sources that are not covered elsewhere. (4) Species with still relatively unfragmented, suitable grassland While we have determined that the widespread distribution that have remaining. Based on our analysis rangewide plan will provide a net nevertheless suffered ongoing major presented earlier, approximately 98.96 conservation benefit to the species, the reductions in their numbers, range, or percent of the remaining suitable habitat positive benefits of that effort are both, as a result of factors that have not patches were less than 486 ha (1,200 ac) expected to occur in the future rather been abated. in size. In addition, 99.97 percent of the than now at the time of listing. The best scientific and commercial remaining suitable habitat patches were In summary, because of the reduction data available indicate that the lesser less than 6,475 ha (16,000 ac) in size. In in the numbers and range of lesser prairie-chicken could fit into the fourth order to thrive and colonize unoccupied prairie-chickens resulting from category. However, as noted in the Polar areas, lesser prairie-chickens require cumulative ongoing habitat Bear Memo, threatened species share large patches of functionally fragmentation, combined with the lack some characteristics with this category unfragmented habitat that include a of sufficient redundancy and resiliency of endangered species where the recent variety of microhabitats needed to of current populations, we conclude decline in population, range, or both, is support lekking, nesting, brood rearing, that the lesser prairie-chicken is to a less severe extent. The Polar Bear feeding for young, and feeding for currently at risk of extinction or is likely Memo indicates that ‘‘[w]hether a

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species in this situation is ultimately an require several stochastic events over a and the prohibitions against certain endangered species or threatened number of years to bring the lesser activities involving listed species are species depends on the specific life prairie-chicken to the brink of discussed, in part, below. history and ecology of the species, the extinction due to those factors alone. In Recovery Planning natures of the threats, and population addition, the current and ongoing numbers and trends.’’ The Polar Bear threats of conversion of grasslands to The primary purpose of the Act is the Memo provides examples of species that agricultural uses; encroachment by conservation of endangered and suffered fairly substantial declines in invasive, woody plants; wind energy threatened species and the ecosystems numbers or range and were development; and petroleum production upon which they depend. The ultimate appropriately listed as threatened are not likely to impact all remaining goal of such conservation efforts is the because the species as a whole was not populations significantly in the near recovery of these listed species, so that in danger of extinction, although the term because these activities either they no longer need the protective Service could foresee the species move slowly across the landscape or measures of the Act. Subsection 4(f) of reaching the brink of extinction. take several years to plan and the Act requires the Service to develop and implement recovery plans for the As discussed above, the foreseeable implement. These threats are also less conservation of endangered and future refers to the extent to which the likely to significantly impact the Kansas threatened species. The recovery Secretary can reasonably rely on lesser prairie-chicken population in the near term because of its relative security planning process involves the predictions about the future in making identification of actions that are determinations about the future (e.g., land use is unlikely to change through the term of the CRP contracts), necessary to halt or reverse the species’ conservation status of the species. For decline by addressing the threats to its the lesser prairie-chicken, information as described above. Therefore, there are sufficient populations to allow the survival and recovery. The goal of this about the primary ongoing and future process is to restore listed species to a threats is reasonably well-known and lesser prairie-chicken to persist into the near future, it is not in danger of point where they are secure, self- reliable. Thus, we used the best sustaining, and functioning components scientific and commercial data available extinction throughout all of its range now. However, because of the nature of of their ecosystems. to analyze and identify the primary the ongoing threats to the species, the Recovery planning includes the ongoing and future threats to the lesser Service can foresee the species reaching development of a recovery outline soon prairie-chicken. As discussed in the the brink of extinction, and the species, after a species is listed, preparation of Polar Bear Memo, species like the lesser therefore, appropriately meets the a draft and final recovery plan, and prairie-chicken that have suffered definition of a threatened species (i.e., periodic revisions to the plan as ongoing, major reductions in numbers likely to become in danger of extinction significant new information becomes or range (or both) due to factors that in the foreseeable future). available. The recovery outline guides have not been abated may be classified In conclusion, as described above, the the immediate implementation of as threatened species if some lesser prairie-chicken has experienced urgently needed recovery actions and populations appear stable, which would significant reductions in range and describes the process to be used to indicate that the entity as a whole was population numbers, is especially develop a recovery plan. The recovery not in danger of extinction now (i.e., not vulnerable to impacts due to its life plan identifies site-specific management an endangered species). In the case of history and ecology, and is subject to actions that, when implemented, will the lesser prairie-chicken, the best significant current and future threats. achieve recovery of the species, available information indicates that, We conclude that there are sufficient measurable criteria that determine when while there have been major range populations to allow the species to a species may be downlisted or delisted, reductions (84 percent) as a result of persist into the near future. Therefore, and methods for monitoring recovery factors that have not been abated after a review of the best available progress. Recovery plans also establish (cumulative habitat fragmentation and scientific information as it relates to the a framework for agencies to coordinate drought), there are sufficient stable status of the species and the five listing their recovery efforts and provide populations such that the species is not factors, we find the lesser prairie- estimates of the cost of implementing on the brink of extinction. Specifically, chicken is likely to become in danger of recovery tasks. Recovery teams in the Short-Grass/CRP mosaic extinction in the foreseeable future (comprised of species experts, Federal ecoregion of northwestern Kansas, the throughout its range. Therefore, we are and State agencies, nongovernment lesser prairie-chicken has reoccupied listing the lesser prairie-chicken as a organizations, and stakeholders) are parts of its former range after threatened species. often established to develop recovery landowners enrolled in CRP, creating plans. When completed, the recovery large blocks of high-quality habitat Available Conservation Measures outline, draft recovery plan, and the beneficial to the species. This Conservation measures provided to final recovery plan will be available on population is considered relatively species listed as endangered or our Web site (http://www.fws.gov/ secure in the near term, as it is primarily threatened under the Act include endangered), or from our Oklahoma comprised of CRP lands that are in 10- recognition, recovery actions, Ecological Services Field Office (see FOR to 15-year contracts. Further, lesser requirements for Federal protection, and FURTHER INFORMATION CONTACT). prairie-chicken populations are spread prohibitions against certain practices. Implementation of recovery actions over a large geographical area, and the Recognition through listing often results generally requires the participation of a current range of the species includes in public awareness and facilitates broad range of partners, including other populations that represent the known conservation by Federal, State, Tribal, Federal agencies, States, Tribal and diversity of ecological settings for the and local agencies; private nongovernmental organizations, lesser prairie-chicken. As a result, it is organizations; and individuals. The Act businesses, and private landowners. unlikely that a single stochastic event encourages cooperation with the States Examples of recovery actions include (e.g., drought, winter storm) will affect and requires that recovery actions be habitat restoration (e.g., restoration of all known extant populations equally or carried out for all listed species. The native vegetation), research and simultaneously; therefore, it would protection required by Federal agencies monitoring, captive propagation and

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reintroduction, and outreach and or both, as described in the preceding CFR 17.32) under the Act that apply to education. Although land acquisition is paragraph include landscape-altering most threatened species. Under 50 CFR an example of a type of recovery action, activities on Federal lands; provision of 17.32, permits may be issued to allow the recovery of many listed species Federal funds to State and private persons to engage in otherwise cannot be accomplished solely on entities through Service programs, such prohibited acts. Alternately, for Federal lands because their range may as the PFW Program, State Wildlife threatened species, the Service may occur primarily or solely on non-federal Grant Program, and Federal Aid in develop specific prohibitions and lands. Consequently, recovery of these Wildlife Restoration program; exceptions that are tailored to the species will require cooperative construction and operation of specific conservation needs of the conservation efforts involving private, communication, radio, and similar species. In such cases, some of the State, and possibly Tribal lands. towers by the Federal Communications prohibitions and authorizations under Once this species is listed, funding for Commission or Federal Aviation 50 CFR 17.31 and 17.32 may be recovery actions will be available from Administration; issuance of section 404 appropriate for the species and a variety of sources, including Federal Clean Water Act permits by the U.S. incorporated into a special rule under budgets, State programs, and cost share Army Corps of Engineers; construction section 4(d) of the Act, but the 4(d) grants for non-federal landowners, the and management of petroleum pipeline special rule will also include provisions academic community, and and power line rights-of-way by the that are tailored to the specific nongovernmental organizations. In Federal Energy Regulatory Commission; conservation needs of the threatened addition, under section 6 of the Act, the construction and maintenance of roads species and which may be more or less States of Colorado, Kansas, New or highways by the Federal Highway restrictive than the general provisions at Mexico, Oklahoma, and Texas will be Administration; implementation of 50 CFR 17.31. Elsewhere in today’s eligible for Federal funds to implement certain USDA agricultural assistance Federal Register, we published a final management actions that promote the programs; Federal grant, loan, and 4(d) special rule that provides measures protection and recovery of the lesser insurance programs; Federal habitat that are necessary and advisable to prairie-chicken. Information on our restoration programs such as EQIP; and provide for the conservation of the grant programs that are available to aid development of Federal minerals, such lesser prairie-chicken. species recovery can be found at: as oil and gas. We may issue permits to carry out http://www.fws.gov/grants. otherwise prohibited activities Please let us know if you are Prohibitions and Exceptions involving endangered and threatened interested in participating in recovery The purposes of the Act are to provide wildlife species under certain efforts for the lesser prairie-chicken. a means whereby the ecosystems upon circumstances. Regulations governing Additionally, we invite you to submit which endangered species and permits are codified at 50 CFR 17.32 for any new information on this species threatened species depend may be threatened species. A permit must be whenever it becomes available and any conserved, to provide a program for the issued for the following purposes: For information you may have for recovery conservation of such endangered scientific purposes, to enhance the planning purposes (see FOR FURTHER species and threatened species, and to propagation or survival of the species, INFORMATION CONTACT). take such steps as may be appropriate to and for incidental take in connection achieve the purposes of the treaties and Federal Agency Consultation with otherwise lawful activities. We conventions set forth in the Act. The anticipate that we would receive Section 7(a) of the Act, as amended, Act is implemented through regulations requests for all three types of permits, requires Federal agencies to evaluate found in the Code of Federal particularly as they relate to their actions with respect to any species Regulations (CFR). When a species is development of wind power facilities or that is proposed or listed as endangered listed as endangered, certain actions are implementation of safe harbor or threatened and with respect to its prohibited under section 9 of the Act, as agreements. Requests for copies of the critical habitat, if any is designated. specified in 50 CFR 17.21. These regulations regarding listed species and Regulations implementing this prohibitions, which will be discussed inquiries about prohibitions and permits interagency cooperation provision of the further below, include, among others, may be addressed to the Field Act are codified at 50 CFR part 402. take within the United States, within Supervisor at the address in the FOR Section 7(a)(4) requires Federal agencies the territorial seas of the United States, FURTHER INFORMATION CONTACT section. to confer with the Service on any action or upon the high seas; import; export; It is our policy, as published in the that is likely to jeopardize the continued and shipment in interstate or foreign Federal Register on July 1, 1994 (59 FR existence of a species proposed for commerce in the course of a commercial 34272), to identify to the maximum listing or result in destruction or activity. extent practicable at the time a species adverse modification of proposed The Act does not specify particular is listed, those activities that would or critical habitat. If a species is listed prohibitions, or exceptions to those would not constitute a violation of subsequently, section 7(a)(2) of the Act prohibitions, for threatened species. section 9 of the Act. The intent of this requires Federal agencies to ensure that Instead, under section 4(d) of the Act, policy is to increase public awareness of activities they authorize, fund, or carry the Secretary of the Interior was given the effect of a proposed listing on out are not likely to jeopardize the the discretion to issue such regulations proposed and ongoing activities within continued existence of the species or as he deems necessary and advisable to the range of the newly listed species. destroy or adversely modify its critical provide for the conservation of such The following activities could habitat. If a Federal action may species. The Secretary also has the potentially result in a violation of adversely affect a listed species or its discretion to prohibit by regulation with section 9 of the Act; this list is not critical habitat, the responsible Federal respect to any threatened species, any comprehensive: agency must enter into formal act prohibited under section 9(a)(1) of (1) Unauthorized collecting, handling, consultation with the Service. the Act. Exercising this discretion, the possessing, selling, delivering, carrying, Some examples of Federal agency Service has developed general or transporting of the species, including actions within the species’ habitat that prohibitions (50 CFR 17.31) and import or export across State lines and may require conference or consultation, exceptions to those prohibitions (50 international boundaries, except for

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properly documented antique (II) Which may require special habitat designations identify, to the specimens of these taxa at least 100 management considerations or extent known using the best scientific years old, as defined by section 10(h)(1) protection; and and commercial data available, those of the Act. (ii) Specific areas outside the physical or biological features that are (2) Actions that would result in the geographical area occupied by the essential to the conservation of the unauthorized destruction or alteration species at the time it is listed, upon a species (such as space, food, cover, and of the species’ occupied habitat, as determination that such areas are protected habitat). In identifying those described in this rule. Such activities essential for the conservation of the physical and biological features within could include, but are not limited to, the species. an area, we focus on the principal removal of native shrub or herbaceous Conservation, as defined under biological or physical constituent vegetation by any means for any section 3 of the Act, means using all elements (primary constituent elements infrastructure construction project or methods and procedures deemed such as roost sites, nesting grounds, direct conversion of native shrub or necessary to bring an endangered or seasonal wetlands, water quality, tide, herbaceous vegetation to another land threatened species to the point at which soil type) that are essential to the use. the measures provided pursuant to the conservation of the species. Primary (3) Actions that would result in the Act are no longer necessary. Such constituent elements are the elements of long-term (e.g., greater than 3 years) methods and procedures include, but physical or biological features that are alteration of preferred vegetative are not limited to, all activities the specific components that provide for characteristics of lesser prairie-chicken associated with scientific resources a species’ life-history processes, and are habitat, as described in this rule, management such as research, census, essential to the conservation of the particularly those actions that would law enforcement, habitat acquisition species. cause a reduction or loss in the native and maintenance, propagation, live Under the second prong of the Act’s invertebrate community within those trapping, and transplantation, and, in definition of critical habitat, we can habitats. Such activities could include, the extraordinary case where population designate critical habitat in areas but are not limited to, inappropriate pressures within a given ecosystem outside the geographical area occupied livestock grazing, the application of cannot be relieved otherwise, may by the species at the time it is listed, herbicides or insecticides, and seeding include regulated taking. upon a determination that such areas of nonnative plant species that would Critical habitat receives protection are essential for the conservation of the compete with native vegetation for under section 7(a)(2) of the Act through species. For example, an area formerly water, nutrients, and space. the requirement that Federal agencies occupied by the species but that was not (4) Actions that would result in lesser insure, in consultation with the Service, occupied at the time of listing may be prairie-chicken avoidance of an area that any action they authorize, fund, or essential to the conservation of the during one or more seasonal periods. carry out is not likely to result in the species and may be included in a Such activities could include, but are destruction or adverse modification of critical habitat designation. We critical habitat. The designation of not limited to, the construction of designate critical habitat in areas critical habitat does not alter land vertical structures such as power lines, outside the geographical area occupied ownership or establish a refuge, fences, communication towers, and by a species only when a designation wilderness, reserve, preserve, or other buildings; motorized and nonmotorized limited to its current occupied range conservation area. Such designation recreational use; and activities such as would be inadequate to ensure the does not allow the government or public well drilling, operation, and conservation of the species. to access private lands. Such Section 4 of the Act requires that we maintenance, which would entail designation does not require designate critical habitat on the basis of significant human presence, noise, and implementation of restoration, recovery, the best scientific and commercial data infrastructure. or enhancement measures by non- available. Further, our Policy on (5) Actions, intentional or otherwise, Federal landowners. Instead, where a Information Standards Under the that would result in the destruction of landowner seeks or requests Federal Endangered Species Act (published in eggs or active nests or cause mortality or agency funding or authorization for an the Federal Register on July 1, 1994 (59 injury to chicks, juveniles, or adult action that may affect a listed species or FR 34271)), the Information Quality Act lesser prairie-chickens. critical habitat, the consultation (section 515 of the Treasury and General Questions regarding whether specific requirements of section 7(a)(2) would Government Appropriations Act for activities would constitute a violation of apply, but even in the event of a Fiscal Year 2001 (Pub. L. 106–554; H.R. section 9 of the Act should be directed destruction or adverse modification 5658)), and our associated Information to the Oklahoma Ecological Services finding, the obligation of the Federal Quality Guidelines, provide criteria, Field Office (see FOR FURTHER action agency and the applicant is not establish procedures, and provide INFORMATION CONTACT). to restore or recover the species, but to guidance to ensure that our decisions Critical Habitat Designation for Lesser implement reasonable and prudent are based on the best scientific data Prairie-Chicken alternatives to avoid destruction or available. They require our biologists, to adverse modification of critical habitat. the extent consistent with the Act and Background Under the first prong of the Act’s with the use of the best scientific data Critical habitat is defined in section 3 definition of critical habitat, areas available, to use primary and original of the Act as: within the geographical area occupied sources of information as the basis for (i) The specific areas within the by the species at the time it was listed recommendations to designate critical geographical area occupied by the are included in a critical habitat habitat. species, at the time it is listed in designation if they contain physical or When we are determining which areas accordance with the Act, on which are biological features (1) which are we should designate as critical habitat, found those physical or biological essential to the conservation of the our primary source of information is features: species and (2) which may require generally the information developed (I) Essential to the conservation of the special management considerations or during the listing process for the species, and protection. For these areas, critical species. Additional information sources

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may include articles published in peer- increase the degree of threat to the (ii) The biological needs of the species reviewed journals, conservation plans species, or (2) such designation of are not sufficiently well known to developed by States and Counties, critical habitat would not be beneficial permit identification of an area as scientific status surveys and studies, to the species. critical habitat. When critical habitat is biological assessments, or other There is currently no operative threat not determinable, the Act allows the unpublished materials and expert to lesser prairie-chickens attributed to Service an additional year following opinion or personal knowledge. unauthorized collection or vandalism, publication of a final listing rule to Habitat is often dynamic, and species and identification and mapping of publish a final critical habitat may move from one area to another over critical habitat is not expected to initiate designation (16 U.S.C. 1533(b)(6)(C)(ii)). time. Furthermore, we recognize that any such threat. Thus, we conclude In accordance with section 3(5)(A)(i) critical habitat designated at a particular designating critical habitat for the lesser and 4(b)(1)(A) of the Act and the point in time may not include all of the prairie-chicken is not expected to create regulations at 50 CFR 424.12, in habitat areas that we may later or increase the degree of threat to the determining which areas occupied by determine are necessary for the recovery species due to taking. the species at the time of listing to of the species, considering additional Conservation of lesser prairie- designate as critical habitat, we consider scientific information may become chickens and their essential habitats the physical and biological features available in the future. For these will focus on, among other things, essential to the conservation of the reasons, a critical habitat designation habitat management, protection, and species which may require special does not signal that habitat outside the restoration, which will be aided by management considerations or designated area is unimportant or may knowledge of habitat locations and the protection. These include, but are not not be needed for recovery of the physical or biological features of the limited to: species. Areas that are important to the habitat. In the absence of finding that (1) Space for individual and conservation of the species, both inside the designation of critical habitat would population growth and for normal and outside the critical habitat increase threats to a species, if there are behavior; (2) Food, water, air, light, minerals, or designation, will continue to be subject any benefits to a critical habitat other nutritional or physiological to: (1) Conservation actions designation, then a prudent finding is requirements; implemented under section 7(a)(1) of warranted. We conclude that the the Act; (2) regulatory protections (3) Cover or shelter; designation of critical habitat for the afforded by the requirement in section (4) Sites for breeding, reproduction, lesser prairie-chicken will benefit the 7(a)(2) of the Act for Federal agencies to and rearing (or development) of species by serving to focus conservation insure their actions are not likely to offspring; and efforts on the restoration and jeopardize the continued existence of (5) Habitats that are protected from maintenance of ecosystem functions any endangered or threatened species; disturbance or are representative of the within those areas considered essential and (3) the prohibitions of section 9 of historical geographical and ecological for achieving its recovery and long-term the Act if actions occurring in these distributions of a species. viability. Other potential benefits areas may result in take of the species. We are currently unable to identify include: (1) Triggering consultation Federally funded or permitted projects critical habitat for the lesser prairie- affecting listed species outside their under section 7(a)(2) of the Act in new chicken because important information designated critical habitat areas may areas for actions in which there may be on the geographical area occupied by still result in jeopardy findings in some a Federal nexus where consultation the species, the physical and biological cases. These protections and would not otherwise occur because, for habitat features that are essential to the conservation tools will continue to example, the area is or has become conservation of the species, and the contribute to recovery of this species. unoccupied or the occupancy is in unoccupied areas that are essential to Similarly, critical habitat designations question; (2) focusing conservation the conservation of the species is not made on the basis of the best available activities on the most essential features known at this time. A specific information at the time of designation and areas; (3) providing educational shortcoming of the currently available will not control the direction and benefits to State or county governments information is the lack of data about: (1) substance of future recovery plans, or private entities; and (4) preventing The specific physical and biological HCPs, or other species conservation inadvertent harm to the species. features essential to the conservation of planning efforts if new information Therefore, because we have the species; (2) how much habitat may available at the time of these planning determined that the designation of ultimately be needed to conserve the efforts calls for a different outcome. critical habitat will not likely increase species; (3) where the habitat patches the degree of threat to the species and occur that have the best chance of Prudency Determination may provide some benefit, we find that rehabilitation; and (4) where linkages Section 4(a)(3) of the Act, as designation of critical habitat is prudent between current and future populations amended, and implementing regulations for the lesser prairie-chicken. may occur. Additionally, while we have (50 CFR 424.12), require that, to the Critical Habitat Determinability reasonable general information about maximum extent prudent and habitat features in areas occupied by determinable, the Secretary designate Having determined that designation is lesser prairie-chickens, we do not know critical habitat at the time a species is prudent, under section 4(a)(3) of the Act what specific features, or combinations determined to be an endangered or we must find whether critical habitat for of features, are needed to ensure threatened species. Our regulations (50 the species is determinable. Our persistence of stable, secure CFR 424.12(a)(1)) state that the regulations at 50 CFR 424.12(a)(2) state populations. designation of critical habitat is not that critical habitat is not determinable Several conservation actions are prudent when one or both of the when one or both of the following currently underway that will help following situations exist: (1) The situations exist: inform this process and reduce some of species is threatened by taking or other (i) Information sufficient to perform the current uncertainty. Incorporation of human activity, and the identification of required analyses of the impacts of the the information from these conservation critical habitat can be expected to designation is lacking, or actions will give us a better

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understanding of the species’ biological will help us more precisely identify the By letter dated April 19, 2011, we requirements and what areas are needed location and distribution of features contacted known tribal governments to support the conservation of the essential to the conservation of the throughout the historical range of the species. lesser prairie-chicken. lesser prairie-chicken. We sought their The five State conservation agencies Therefore, we have concluded that input on our development of a proposed within the occupied range of the lesser critical habitat is not determinable for rule to list the lesser prairie-chicken and prairie-chicken, through coordination the lesser prairie-chicken at this time encouraged them to contact the with the Western Association of Fish because we lack information on the Oklahoma Ecological Services Field and Wildlife Agencies Grassland precise area occupied by the species and Office if any portion of our request was Initiative, were funded to develop a on the physical and biological habitat unclear or to request additional rangewide survey sampling framework features that are essential to the information. We did not receive any and to implement aerial surveys in 2012 conservation of the species. Also, since comments regarding this request. We and 2013. The rangewide plan commits the unoccupied areas that are essential continued to keep tribal governments to continued rangewide population to the conservation of the species are informed by providing notifications of monitoring of the lesser prairie-chicken, not known at this time, we lack each new or reopened public comment including annual use of the aerial information to assess the impacts of the period and specifically requesting their survey methodology used in 2012 and potential critical habitat designation. input. We did not receive any requests 2013 (Van Pelt et al. 2013, p. 122). Required Determinations or comments as a result of our request. Ongoing implementation of these aerial References Cited surveys is important, as they may enable National Environmental Policy Act (42 biologists to determine location of leks U.S.C. 4321 et seq.) A complete list of all references cited that are too distant from public roads to We have determined that in this rule is available on the Internet be detected during standard survey environmental assessments and at http://www.regulations.gov, or upon efforts. Our critical habitat environmental impact statements, as request from the Field Supervisor, determination will benefit from this defined under the authority of the Oklahoma Ecological Services Field additional information and allow us to National Environmental Policy Act Office (see FOR FURTHER INFORMATION consider the most recent and best (NEPA; 42 U.S.C. 4321 et seq.), need not CONTACT). science in making our critical habitat be prepared in connection with listing Authors determination. a species as an endangered or Similarly, all five State conservation threatened species under the The primary authors of this rule are agencies within the occupied range of Endangered Species Act. We published the staff members of the Oklahoma the lesser prairie-chicken have a notice outlining our reasons for this Ecological Services Field Office (see FOR partnered with the Service and Playa determination in the Federal Register FURTHER INFORMATION CONTACT). Lakes Joint Venture, using funding from on October 25, 1983 (48 FR 49244). List of Subjects in 50 CFR Part 17 the DOE and the Western Governors’ Association, to develop a decision Government-to-Government Endangered and threatened species, support system that assists in evaluation Relationship With Tribes Exports, Imports, Reporting and of lesser prairie-chicken habitat, assists In accordance with the President’s recordkeeping requirements, industry with nonregulatory siting memorandum of April 29, 1994 Transportation. decisions, and facilitates targeting of (Government-to-Government Relations Regulation Promulgation conservation activities for the species. with Native American Tribal The first iteration of that product went Governments; 59 FR 22951), Executive Accordingly, we amend part 17, online in September 2011 (http:// Order 13175 (Consultation and subchapter B of chapter I, title 50 of the kars.ku.edu/geodata/maps/sgpchat/). Coordination With Indian Tribal Code of Federal Regulations, as set forth This decision support system is still Governments), and the Department of below: being refined, and a second iteration of the Interior’s manual at 512 DM 2, we the product, under oversight of the readily acknowledge our responsibility PART 17—[AMENDED] Western Association of Fish and to communicate meaningfully with ■ Wildlife Agencies, went online during recognized Federal Tribes on a 1. The authority citation for part 17 the fall of 2013. Further iterations will government-to-government basis. In continues to read as follows: provide additional information that will accordance with Secretarial Order 3206 Authority: 16 U.S.C. 1361–1407; 1531– help improve evaluation of lesser of June 5, 1997 (American Indian Tribal 1544; 4201–4245, unless otherwise noted. prairie-chicken habitat. The Steering Rights, Federal-Tribal Trust ■ 2. Amend § 17.11(h) by adding an Committee of the Great Plains Responsibilities, and the Endangered entry for ‘‘Prairie-chicken, lesser’’ in Landscape Conservation Cooperative Species Act), we readily acknowledge alphabetical order under BIRDS to the has made completion of Phase II one of our responsibilities to work directly List of Endangered and Threatened their highest priorities for the next 18 with tribes in developing programs for Wildlife to read as follows: months. The Lesser Prairie-chicken healthy ecosystems, to acknowledge that Interstate Working Group will be tribal lands are not subject to the same § 17.11 Endangered and threatened identifying the research and data needs controls as Federal public lands, to wildlife. for moving Phase II forward. Outputs remain sensitive to Indian culture, and * * * * * derived from this decision support tool to make information available to tribes. (h) * * *

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Species Vertebrate Historic population where When Critical Special range endangered or Status listed habitat rules Common name Scientific name threatened

******* BIRDS

******* Prairie-chicken, less- Tympanuchus U.S.A. (CO, KS, Entire ...... T 831 NA 17.41 (d) er. pallidicinctus. NM, OK, TX).

*******

* * * * * Dated: March 21, 2014. Daniel M. Ashe, Director, U.S. Fish and Wildlife Service. [FR Doc. 2014–07302 Filed 4–9–14; 8:45 am] BILLING CODE 4310–55–P

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