Information the 4(d) rule grazing exception for the Northern DPS of the lesser prairie-chicken

The Service has developed a provision within the final 4(d) rule for the Northern Distinct Population Segment (DPS) of the lesser prairie-chicken (LPC) which provides incidental take caused by prescribed grazing when a land manager is following a grazing management plan developed by a Service-approved party will not be prohibited.  

For this provision to apply, the grazing management plan must be site-specific and must be developed by a qualified party that has been approved by the Service for this specific purposed of the 4(d) rule. The Service expects that party developing the grazing management plan to review and adjust the plan to account for the current ecological conditions at a minimum every 5 years. The plan must prescribe actions based upon site-specific conditions including but not limited to soils, precipitation, and past management, and must contain drought management measures.

The list of approved qualified parties will soon be included at the bottom of this page. This list will be updated as additional parties are approved. 

To become an approved party, a request must be made in writing to the Service and submitted via email. The request, at a minimum, should include the following:

  • Information demonstrating adequate training or experience, typically 5 years or more, in the fields of wildlife management, biology, or range ecology.
  • Information demonstrating the ability to develop a grazing management plan that incorporates drought management measures and all site-specific conditions including, but not limited to, soils, precipitation, and past management.
  • Information demonstrating the ability to work with landowners to develop site-specific plans which ensure grazing activities result in the vegetative characteristics compatible with the habitat needs for the lesser prairie-chicken or similar species.
  • A commitment to tracking the number of grazing management plans written, how many acres are included in each plan, and to reporting this information to the Service annually.
  • A commitment to meeting (in person or virtual) with the Service on an as needed basis to discuss the development of grazing plans for the lesser prairie-chicken.    

Upon receiving the request, the Service will review and respond to the request. If the party is approved, they will then be added to the list of approved qualified parties.

For any questions, please contact Clay Nichols.

Service-Approved Party for Grazing 4(d) Exception Grazing Management Plans

Grazing plans developed by the following parties have been approved to qualify for the exception provided grazing provision included in the 4(d) rule for the Northern Distinct Population Segment for the Lesser Prairie-Chicken. Please note that the provisions under the 4(d) rule are only applicable for the Northern Distinct Population Segment of the Lesser Prairie-Chicken and are not available within the Southern Distinct Population Segment.

Approved parties by ecoregion approved to develop grazing plans which qualify under the grazing provision of the 4(d) rule for the Northern Distinction Population Segment of the Lesser Prairie-Chicken and have indicated interest in providing assistance to private landowners.

In addition to the parties identified above, grazing plans developed by the following parties also qualify for coverage under grazing provision of the 4(d) rule for the Northern Distinct Population Segment of the Lesser Prairie-Chicken, but have indicated they are not interested in providing any additional assistance to landowners beyond plans that they have already developed:

  • Jay O’Brien
  • Grazing plans which did not include specific lesser prairie-chicken conservation measures, developed prior to the completion of the May 23, 2023, Lesser Prairie-Chicken Biological Opinion (BO) by Natural Resources Conservation Service (NRCS).  All grazing management plans developed by NRCS after May 23, 2023, will be receiving take coverage as part of the BO as they were included as part of the proposed action for the Section 7 Section 7
    Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

    Learn more about Section 7     consultation and will be written using the conservation measures identified in the BO.