Lesser Prairie-Chicken Listing Process and CCAA Implications. USFWS is required by settlement agreement to complete a 12-month finding in response to a petition to list LPC by May 26, 2021. The possible findings are listed below. ⚫ Not warranted. ⚫ Warranted and proposed listing as threatened. ⚫ Warranted and proposed listing as endangered. ⚫ Warranted but precluded. As part of its evaluation of whether to list LPC, USFWS will complete a Species Status Assessment that considers threats to LPC and how existing conservation programs for the species, including the CCAA, address those threats. If USFWS proposes LPC for listing, there would be a 12- to 18-month public review and comment period, with a final listing decision expected between May and November 2022. Substantial public comments on the proposed listing decision could further push out the timeline, as has occurred with other species listings. If after public comments USFWS decides to list the species, the listing would typically take effect 30 days after the decision (June to December 2022). If USFWS decides not to list LPC, the decision would be based upon a determination that threats are not impacting LPC to such a degree to warrant listing and/or that conservation programs such as this CCAA have adequately reduced or eliminated the threats facing the species. In that situation, XXXXX’s Enhancement of Survival Permit would remain inactive and free from risk of legal challenge or enforcement measures from USFWS, but WAFWA would still be responsible for proper implementation of the CCAA. If USFWS decides to list LPC, the decision would be based upon a determination that threats are impacting LPC to warrant listing and that existing conservation programs have not adequately reduced or eliminated those threats. The final listing in 2022 would activate WAFWA’s Enhancement of Survival Permit, leading to the following potential outcomes. ⚫ USFWS is required by Section 7 of the ESA to convert the 2014 Conference Opinion to a Biological Opinion using what USFWS considers to be the best available science. Any significant Conservation of the [LPC].” Section 8 of the CCAA also states any funds remaining in Participant’s Habitat Conservation Fund Account at the time of termination, voluntary or for cause, will be donated to WAFWA for conservation efforts to support the [LPC], and will not be refunded.” difference between USFWS’s interpretation and the CCAA’s interpretation of best available science could present new risk to the CCAA and Enhancement of Survival Permit be...
Lesser Prairie-Chicken Listing Process and CCAA Implications a proposed listing decision for LPC is anticipated in May 2021, and a final listing decision is anticipated between May and November 2022. In order to complete the CCAA realignment process by the time of the final listing decision, WAFWA should implement the actions recommended above to complete Phase 2 of the realignment by October 2021. Table 2 proposes a schedule for implementing each action. If the outcome of Phase 2 is amending the CCAA or creating a new CCAA, this schedule would allow enough time for NEPA review through an Environmental Assessment, which would take approximately 6 months (until about April 2022). If the outcome of Phase 2 is creating an HCP, the timeline for the final listing decision is less relevant because an HCP would allow enrollments before and after the listing. Table 2. Schedule for Realignment Phase 2 Actions Action 2020a 2021 Q4 Q1 Q2 Q3 Q4 T-1: Convene an implementation team for CCAA realignment T-2: Simplify WAFWA decision-making for CCAA T-3: Separate accounting and tracking of the CCAA from the Range-wide Plan
