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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules
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exist in other portions of the Endangered Species Act and our policies, including under Federal Agency Actions and Consultations section 7, Permits section 10, and Conservation Banking. We recognize the value of compatibly managed grazing for the lesser prairie-chicken, and we look forward to working with our partners and local land managers to ensure there are viable conservation options that provide regulatory coverage for interested landowners.
The provisions of this proposed rule are one of many tools that we would use to promote the conservation of the Northern DPS of the lesser prairiechicken. This proposed 4d rule would apply only if and when we make final the listing of the Northern DPS of the lesser prairie-chicken as a threatened species.
Provisions of the Proposed 4d Rule This proposed 4d rule would provide for the conservation of the Northern DPS of the lesser prairiechicken by prohibiting the following activities, except as otherwise authorized or permitted: Importing or exporting; take; possession and other acts with unlawfully taken specimens;
delivering, receiving, transporting, or shipping in interstate or foreign commerce in the course of commercial activity; or selling or offering for sale in interstate or foreign commerce. We also include the following two exceptions to these prohibitions, which along with the prohibitions, are set forth under Proposed Regulation Promulgation:
1 Continuation of routine agricultural practices on existing cultivated lands.
This proposed 4d rule provides that take of the lesser prairie-chicken will not be prohibited provided the take is incidental to activities that are conducted during the continuation of routine agricultural practices, as specified below, on cultivated lands that are in row crop, seed-drilled untilled crop, hay, or forage production. These lands must meet the definition of cropland as defined in 7 CFR 718.2, and, in addition, must have been cultivated, meaning tilled, planted, or harvested, within the 5 years preceding the proposed routine agricultural practice that may otherwise result in take. Thus, this provision does not include take coverage for any new conversion of grasslands into agriculture.
Lesser prairie-chickens travel from native rangeland and CRP lands, which provide cover types that support lesser prairie-chicken nesting and broodrearing, to forage within cultivated
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fields supporting small grains, alfalfa, and hay production. Lesser prairiechickens also maintain lek sites within these cultivated areas, and they may be present during farming operations.
Thus, existing cultivated lands, although not a native habitat type, may provide food resources for lesser prairiechickens.
Routine agricultural activities covered by this provision include:
a Plowing, drilling, disking, mowing, or other mechanical manipulation and management of lands.
b Routine activities in direct support of cultivated agriculture, including replacement, upgrades, maintenance, and operation of existing infrastructure such as buildings, irrigation conveyance structures, fences, and roads.
c Use of chemicals in direct support of cultivated agriculture when done in accordance with label recommendations.
We do not view regulating these activities as necessary and advisable for the conservation of the lesser prairiechicken as, while there may be limited use for foraging and lekking sites, these lands do not have the ability to support the complete life-history needs of the species and thus are not considered habitat. We are proposing that none of the provisions in 50 CFR 17.31 would apply to actions that result from activities associated with the continuation of routine agricultural practices, as specified above, on existing cultivated lands that are in row crop, seed-drilled untilled crop, hay, or forage production. These lands must meet the definition of cropland as defined in 7
CFR 718.2, and, in addition, must have been cultivated, meaning tilled, planted, or harvested, within the previous 5
years.
2 Implementation of prescribed fire for the purposes of grassland management.
This proposed 4d rule provides that take of the lesser prairie-chicken will not be prohibited provided the take is incidental to activities that are conducted during the implementation of prescribed fire, as specified below, for the purpose of grassland and shrubland management.
As discussed in the Background section of this proposed 4d rule, fire plays an essential role in maintaining healthy grasslands and shrublands, preventing woody vegetation encroachment, and encouraging the structural and species diversity of the plant community required by the lesser prairie-chicken. The intensity, scale, and frequency of fire regimes in the southern Great Plains has been drastically altered due to human
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suppression of wildfire resulting in widespread degradation and loss of grasslands. While fire plays an important role, potential exists for some short-term negative impacts to the lesser prairie-chicken while implementing prescribed fire. The potential impacts depend upon what time of the year the fire occurs, extent of habitat burned and burn severity including, but are not limited to, disturbance of individuals, destruction of nests, and impacts to available cover for nesting and concealment from predators.
Prescribed fire activities covered by this provision include:
a Construction and maintenance of fuel breaks.
b Planning needed for application of prescribed fire.
c Implementation of the fire and all associated actions.
d Any necessary monitoring and followup actions.
Implementation of prescribed fire is essential to managing for healthy grasslands and shrublands, but currently use of prescribed fire is minimal or restricted to frequent use in small local areas within the range of the lesser prairie-chicken. While prescribed fire has the potential for some limited negative short-term effects on the lesser prairie-chicken, we have concluded that the long-term benefits of implementing prescribed fire drastically outweigh the short-term negative effects.
Furthermore, as discussed in the background section of this proposed 4d rule, fire is a necessary component for the management and maintenance of healthy grassland for the lesser prairiechicken. We are proposing that none of the provisions in 50 CFR 17.31 would apply to the implementation of prescribed fire as discussed above.
As discussed above under Summary of Biological Status and Threats, threats including habitat loss, fragmentation, and degradation are affecting the status of the Northern DPS of the lesser prairie-chicken. A range of activities have the potential to affect the Northern DPS of the lesser prairie-chicken, including actions that would result in the unauthorized destruction or alteration of the species habitat. Such activities could include, but are not limited to: The removal of native shrub or herbaceous vegetation by any means for any infrastructure construction project or direct conversion of native shrub or herbaceous vegetation to another land use; actions that would result in the long-term alteration of preferred vegetative characteristics of lesser prairie-chicken habitat, particularly those actions that would cause a reduction or loss in the native
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