National Cattlemen’s Beef Association has filed a Notice of Intent to sue the Department of the Interior and the U.S. Fish and Wildlife Service over listing the lesser prairie chicken under the Endangered Species Act.

The Fish and Wildlife Service in November listed two “distinct population segments” — known as DPS — of the species across portions of Colorado, Kansas, New Mexico, Oklahoma and Texas.

The Southern DPS is listed as “endangered” and includes New Mexico and the southwest Texas panhandle. The Northern DPS is listed as “threatened” and includes southeastern Colorado, Kansas, Oklahoma and the northeast Texas panhandle.

The agency provided a section 4(d) rule for the Northern DPS that exempts certain activities from punitive action for incidental killings or harassment of the bird but requires third-party approval of grazing management plans.

The notice of intent to sue is the first step in court toward NCBA’s effort to overturning the listing and revoking the Fish and Wildlife Service’s final rule.

“The lesser prairie chicken only survives today because of the voluntary conservation efforts of ranchers,” said Sigrid Johannes, NCBA associate director of government affairs.

“The science has proven repeatedly that healthy, diverse rangelands — like those cultivated by livestock grazing — are where the lesser prairie chicken thrives. There are numerous places where this listing goes seriously wrong, and we are defending cattle producers against this overreaching, unscientific rule.”

NCBA’s notice of intent to sue follows a letter to Secretary of the Interior Deb Haaland and Fish and Wildlife Service Director Martha Williams last week requesting a delay of the effective date of the rule and flagging particular concerns with the 4(d) rule.

“This 4(d) rule would allow environmental activist groups to become ‘grazing police’ over cattle producers. Designing a third-party verification system puts political priorities over sound science and empowers distant bureaucrats over land managers and producers with decades of experience,” Johannes said.

The Fish and Wildlife Service on Monday delayed the effective date of the final rule from Jan. 24 until March 27.

NCBA’s notice of intent to sue was filed in the U.S. District Court for the Western District of Texas. The case is also being brought by lead plaintiff Permian Basin Petroleum Association along with the Cattle Feeders Association, Kansas Livestock Association, Oklahoma Cattlemen’s Association and New Mexico Cattle Growers’ Association.

In listing the species in November, the Fish and Wildlife Service stated it understands the vital role that managed grazing plays in maintaining grasslands but that challenges remain.

“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 agency said in a statement.

Ranchers’ Candidate Conservation Agreements with Assurances – 3 million acres

Farm Service Agency Conservation Reserve Program – 1.8 million acres

Natural Resources Conservation Service Lesser Prairie-Chicken Initiative – 1.6 million acres

Source: U.S. Fish and Wildlife Service