U.S. Fish and Wildlife Service Proposes Revised Rule for the Lesser Prairie-Chicken
Posted in Listing

On December 11, 2013, the U.S. Fish and Wildlife Service (Service) issued a revised special rule (pdf) that would provide for a limited exception to the protections currently proposed for the lesser prairie-chicken (Tympanuchus pallidicinctus) under the Endangered Species Act (ESA). The revised special rule incorporates a new five-state rangewide conservation plan for the species, and allows take of lesser prairie-chickens so long as such take is incidental to activities conducted by an individual enrolled in the rangewide conservation plan. Previous versions of the special rule referenced a conservation plan generally; the Service issued the revised rule to specifically reference the new rangewide plan.

As we previously reported, the special rule is proposed pursuant to section 4(d) of the ESA, and would only be implemented if the lesser prairie-chicken receives ESA protections. The Service also reopened the comment period on the proposal to list the species. According to the Service, comments on the revised special rule and the underlying listing proposal will be accepted through January 10, 2014.

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Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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