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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules associated with those areas that may interfere with communication between male and female birds.
In the Southern DPS, woody vegetation encroachment by honey mesquite has played a significant role in limiting available space for the lesser prairie-chicken and is one of the primary threats to the species in this DPS. Fire, incompatible grazing management, and drought associated with climate change also continue to degrade habitat. The size of fires, especially in areas dominated by woody vegetation, are increasing. When managed compatibly, fire and grazing can improve habitat quality. However, fire management efforts are currently occurring on only a limited portion of the lesser prairie-chicken range.
The Southern DPS is particularly vulnerable to effects associated with climate change and drought, as it is already warmer and drier than the Northern DPS. That warmer and drier trend is expected to continue Grisham et al. 2013, entire; Grisham et al. 2016c, p. 742. Given the needs of lesser prairie-chicken for cool microclimates to find appropriate nest sites and rear broods, droughts like those that have recently occurred on the landscape could further impact already declining population growth rates in this DPS.
Some conservation measures and regulatory mechanisms are acting to reduce the magnitude of threats impacting the lesser prairie-chicken and its habitat. However, our analysis demonstrates that the restoration efforts have not been enough to offset the impacts of habitat loss and fragmentation and conservation efforts focused on localized management to affect habitat quality, while not addressing the overarching limiting factor of habitat loss and fragmentation, is not addressing the long-term population needs for the lesser prairiechicken. Thus, these measures are only minimally ameliorating the threats acting throughout the DPS.
After evaluating threats to the species and assessing the cumulative effect of the threats under the section 4a1
factors, we conclude that the Southern DPS is continuing to experience ongoing habitat loss and fragmentation, and additional threats from influence of anthropogenic noise and extreme weather events, particularly droughts.
Currently, only 27 percent of this ecoregion is available for use by the lesser prairie-chicken. Based on mean population estimates, the Southern DPS
has very low resiliency to stochastic events. It may have as few as 5,000 birds remaining. The population count dropped to as low as 1,000 birds in 2015

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after the last severe drought. Under current climactic conditions, another wide-scale severe drought could occur in this ecoregion at any time, and the species may not be able to recover.
Overall, the lesser prairie-chickens in the Southern DPS are likely to continue to experience declines in resiliency, redundancy, and genetic representation.
Thus, after assessing the best available information, we determine that the Southern DPS of the lesser prairiechicken is in danger of extinction throughout all of its range. We find that a threatened species status is not appropriate for the Southern DPS
because it is currently in danger of extinction.
Status of the Southern DPS of the Lesser Prairie-Chicken Throughout a Significant Portion of Its Range Under the Act and our implementing regulations, a species may warrant listing if it is in danger of extinction or likely to become so in the foreseeable future throughout all or a significant portion of its range. We have determined that the Southern DPS of the lesser prairie-chicken is in danger of extinction throughout all of its range and accordingly did not undertake an analysis of any significant portion of its range. Because the Southern DPS of the lesser prairie-chicken warrants listing as endangered throughout all of its range, our determination is consistent with the decision in Center for Biological Diversity v. Everson, 2020 WL 437289
D.D.C. Jan. 28, 2020, in which the court vacated the aspect of the Final Policy on Interpretation of the Phrase Significant Portion of Its Range in the Endangered Species Acts Definitions of Endangered Species and Threatened Species 79 FR 37578; July 1, 2014
that provided the Services do not undertake an analysis of significant portions of a species range if the species warrants listing as endangered throughout all of its range.
Determination of Status of the Southern DPS of the Lesser Prairie-Chicken Our review of the best available scientific and commercial information indicates that the Southern DPS of the lesser prairie-chicken meets the definition of an endangered species.
Therefore, we propose to list the Southern DPS of the lesser prairiechicken as an endangered species in accordance with sections 36 and 4a1 of the Act.

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Status of the Northern DPS of the Lesser Prairie-Chicken Throughout All of Its Range We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to the Northern DPS
of the lesser prairie-chicken and its habitat. We analyzed effects associated with habitat degradation, loss, and fragmentation, including conversion of grassland to cropland Factor A, petroleum production Factor A, wind energy development and transmission Factor A, woody vegetation encroachment Factor A, and roads and electrical distribution lines Factor A;
other factors, such as livestock grazing Factor A, shrub control and eradication Factor A, collision mortality from fences Factor E, predation Factor C, influence of anthropogenic noise Factor E, and fire Factor A; and extreme weather events Factor E. We also analyzed existing regulatory mechanisms Factor D and ongoing conservation measures. In the SSA report, we also considered three additional threats: Hunting and other recreational, educational, and scientific use Factor B; parasites and diseases Factor C; and insecticides Factor E.
As with the Southern DPS, we consider all of these impacts now in analyzing the status of the Northern DPS.
As is the case in the Southern DPS, habitat degradation, loss, and fragmentation is the primary threat to the lesser prairie-chicken in this DPS, with other threats such as fire, incompatible livestock grazing, and extreme weather events further decreasing population resiliency and species redundancy. The largest impacts in this DPS are cropland conversion and woody vegetation encroachment. The Sand Sagebrush Ecoregion is also experiencing habitat degradation due to incompatible grazing management. The Short-Grass/CRP region has the highest number of birds, with a 5-year estimate of approximately 17,000 birds. Other portions of the range have lower population resiliency. In particular, the Sand Sagebrush Ecoregion has approximately 1,000 birds remaining Table 2.
Resiliency of populations throughout the Northern DPS has decreased from historical levels, though the DPS still has redundancy across the three ecoregions and genetic and environmental representation. However, our future scenario analysis demonstrates that the current threats acting on the landscape are expected to either continue at the same levels or increase in severity in the foreseeable
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