In Kansas, part of the Northern Distinct Population Segment, the Lesser Prairie-Chicken will be listed as threatened, with some 4(d) rule exceptions. The decision is expected to be published in the Federal Register on November 25, and become final on January 24, 2023.

The 4(d) rule for the Northern DPS provides that farmers can continue their routine agriculture activities on existing cultivated lands. In addition, it includes an exception for those producers who are following a prescribed grazing plan developed by a qualified party that has been approved by the FWS. Lastly, the 4(d) rule also provides an exception for implementation of prescribed burning for grassland management.

Landowners can help conserve the bird by adopting certain management practices, or participating in conservation programs - many of which can help provide protection from take liability for the Lesser Prairie-Chicken.

More information about the listing decision can be found on the FWS website here.

If members have questions about the listing, they can reach out to the KFB Legal Foundation. We will provide more information as we learn it.