'More rainfall, not more regulation': US Senate rejects lesser prairie chicken protection

Increased protections for the lesser prairie chicken were rejected by the U.S. Senate on Wednesday with the two Kansas Republicans leading the effort to protect farmers, ranchers and producers.

Sen. Roger Marshall sponsored Senate Joint Resolution 9, and Sen. Jerry Moran was a cosponsor. The resolution, which passed the Senate 50-48, provides for congressional disapproval of the U.S. Fish and Wildlife Service's proposed rules on lesser prairie chickens.

Conservations argue that without the increased protections, the species could face extinction, while opponents argue that increased regulation will cause further food and energy price inflation.

"Since I was 10 years old, my family has enjoyed hunting prairie chickens," Marshall said. "As a matter of fact, the first bird I ever shot, the first time I ever went hunting, 10 years of age with a 20 gauge single shot shotgun, I was able to down one of these beautiful birds."

After reminiscing of his childhood, Marshall said no one wants to see the bird go extinct.

"As a matter of fact, we're fighting to preserve it," he said. "My hope is that one day once again my grandchildren can hunt lesser prairie chickens, like their great great grandfathers did. Listen, no oil producer, no rancher, no farmer, no wind energy producer wants the demise of the lesser prairie chicken. That's why voluntary partnerships have worked and are working. Just like all my fellow Kansans, I'm committed to saving our environment for future generations."

But federal government experts have warned of "risks of species extinction," projecting continued habitat and population losses amid "inadequate" conservation efforts. Efforts have been ongoing for 25 years to list the bird under the Endangered Species Act.

"Lesser prairie-chicken are in serious trouble and at risk of extinction," said Gary Frazer, assistant director for ecological services for the U.S. Fish and Wildlife Service, when testifying before a U.S. House committee in April.

The Senate resolution is the first time in the 30-year history of the Congressional Review Act that Congress has attempted to rescind Endangered Species Act protections for an individual species, according to conservationists.

Passing the resolution would mean the rule would have no force or effect, but an environmental group said President Joe Biden plans to reject it.

"The senators who voted to use the Congressional Review Act to nullify protections for the lesser prairie chicken voted to condemn this bird to extinction," said Stephanie Kurose, a senior policy specialist at the Center for Biological Diversity, in a statement. "After waiting three decades for protection, this beautiful dancing bird deserves a fighting chance at survival."

Meanwhile, a similar resolution sponsored by U.S. Rep. Tracey Mann, R-Kan., has passed the House Natural Resources Committee.

"It's time for my colleagues in the House to decide whether they want to stand for big government overregulation that will put producers out of business, or stand up for producers' rights to private property and self-determination," Mann said in a statement.

The congressional action comes as states, including Kansas, challenge the listing in federal court.

"Essentially what the listing does is it, we believe, violates the requirements for listing a species as threatened or endangered," Republican Attorney General Kris Kobach said at a Monday news conference. "It ignores the rainfall that is the true driver of lesser prairie chicken numbers and greater prairie chicken numbers. And on top of all of that, it significantly threatens the property rights of Kansas ranchers and people who have oil producing property in the state of Kansas."

Do voluntary efforts work to preserve the lesser prairie chicken?

Marshall and Moran touted voluntary conservation efforts.

"I am confident there are ways to conserve the species without hindering economic opportunity in rural communities," Moran said, "and I will continue to push for what Kansans have been pursuing for years now: voluntary solutions."

But federal officials say voluntary efforts are not enough.

"Voluntary conservation efforts have helped conserve key habitat for the lesser prairie-chicken but have not demonstrated an ability to offset the threats and reverse the trends of habitat loss and fragmentation facing the lesser prairie-chicken," the Fish and Wildlife Service said in November.

The agency's assessment report found that the benefits of most conservation efforts are expected to be temporary, localized increases in bird population. The conservation efforts have been concentrated on habitat quality while not addressing habitat loss and fragmentation, which are considered more important for long-term bird population numbers.

But Marshall on Senate floor that local communities are doing "what's best for the bird" and the environment through "proven conservation efforts."

"To list the bird now after all the conservation effort sends a message to stakeholders that no matter how much good work you do, the hammer will still fall," he said. "The heavy hand of government will still step in and list species under the ESA and attempt to regulate your industry out of existence, all in the name of climate."

Drought, human activity or both blamed for declines in bird numbers?

Marshall and Moran contend lack of rain is to blame, not human activity, for bird population declines.

"We need more rainfall, not more regulation," Moran said.

Marshall argued that "the evidence doesn’t support designating the lesser prairie chicken as a threatened species" because bird populations are on the rise with tens of millions of acres conserved. He said lesser prairie chicken populations have been "growing since 2014" and are "better protected now than ever."

The Center for Biological Diversity pointed to a decades-long decline from millions of birds to about 27,000 now with a habitat loss exceeding 90%. The population drop was 20% since 2021.

Data from the U.S. Fish and Wildlife Service does show bird populations increased after 2014 and decreased after 2021, but the agency's report cautions against drawing conclusions based on annual fluctuations and instead recommends population data be used for long-term trend analysis and five-year averages.

The long-term trends show lesser prairie chicken populations are declining, the agency said.

The agency's 268-page species status assessment report in March 2022 said that lesser prairie chicken populations have declined significantly, largely due to humans developing grassland habitat for agricultural and energy production purposes.

The agency's report acknowledged that drought hurts lesser prairie chicken populations while also noting the birds "have persisted through droughts in the past" and drought effects "are exacerbated by human land use practices." The authors were unable to quantify the impact of severe weather on bird populations. They also wrote that climate change is expected to result in drier weather and more frequent and intense droughts.

And while the report acknowledged population peaks during years with above average rainfall and population lows following poor precipitation, it concludes the declining habitat is to blame for long-term population declines.

Why protect the lesser prairie chicken?

The ground-dwelling grouse is native to the plains of southwest Kansas, the panhandles of Oklahoma and Texas, plus eastern Colorado and New Mexico. The colorful birds are known for their lek mating behavior, where males dance and call to females.

The southern population was listed as endangered because it is currently at risk of extinction, said Frazer, of U.S. Fish and Wildlife Service. The northern population, which includes Kansas, was listed as threatened.

Frazer said the northern population was determined "to not be currently in danger of extinction. However, based upon our projections of additional habitat loss and fragmentation in the future, the species is likely to become endangered in the foreseeable future and thus meets the definition of a threatened species."

He said the agency has a statutory responsibility to use the best available scientific and commercial data to in making determinations about the species.

But Marshall views the Endangered Species Act as "just another weaponized tool Biden is using to attack rural America."

The proposed federal regulations would primarily affect ranchers and energy production — including oil, gas and wind.

"Make no mistake about it," Marshall said. "The listing of any species adds more rules, more hoops to jump through, more time and costs, from everyone from our farmers and ranchers, our oilfield workers, our utility linemen who are building our new power poles and electric lines to get wind-generated electricity out to more populated states."

Conservationists argue that prairie chickens are a "keystone" species in the ecosystem and protecting their habitat will also benefit other wildlife. Converting prairie to cropland has historically been a top cause of lost habitat, according to the Kansas Department of Wildlife and Parks.

More recently, prairie burning and early stocking of livestock remove grass cover that the birds rely on for nesting cover, while the birds avoid areas surrounding manmade structures — including oil pumpjacks or wind turbines.

Lesser prairie chickens have lost about 90% of their habitat, and their populations have dropped to about 32,000 from what used to be hundreds of thousands to millions of birds.

"The lesser prairie-chicken’s decline is a sign our native grasslands and prairies are in peril," said Fish and Wildlife Service regional director Amy Lueders in November. "These habitats support a diversity of wildlife and are valued for water quality, climate resilience, grazing, hunting and recreation."

Frazer said lesser prairie chickens share habitat with other wildlife, such as such as scaled quail, pronghorn and mule deer.

"The prairie-chicken’s decline, and the decline of many other species of grassland birds, serves as a wake-up call for all who value these lands and wish to see them conserved for future generations," he said.

This article originally appeared on Topeka Capital-Journal: Kansas Republicans push Congress to reject prairie chicken protections