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Minutes for SCR1602 - Committee on Agriculture and Natural Resources
Short Title
Disapproving the designation of the lesser prairie chicken as a threatened species in Kansas by the United States Fish and Wildlife Service.
Minutes Content for Mon, Feb 6, 2023
Chair Rahjes called for bill introductions. There were none.
The Chair opened the hearing on SCR1602. He asked Kyle Hamilton, Office of Revisor of Statutes, to provide an overview. He stood for questions.
Kent Fricke, Wildlife and Parks Small Game Coordinator, provided information about the habitat and areas in Kansas where the Lesser Prairie Chicken (LPC) live. He stated that the bird has a "boom and bust" cycle depending on water. The first application for the Endangered Species List was in 1995. 2013 represented a population low point, but it was rebounding until the latest drought.(Attachment 1) He stood for questions.
Proponents (Oral)
Jim Sipes, Kansas Farm Bureau, farms a fifth generation family farm in the middle of the Sand Sagebrush Prairie Ecosystem and stated that he has watched the Lesser Prairie Chicken population boom and bust based on the weather. He personally has worked with groups from five states attempting to conserve the LPC while limiting adverse impacts on farmers and ranchers. He believes that species protection can be more effectively achieved by providing incentives to private landowners and public land uses rather than a blanket one size fits all listing on the Endangered Species List.(Attachment 2) He stood for questions.
Jackie Garagiloa, Kansas Livestock Association, supports voluntary and incentive-based conservation efforts to protect the LPC population and has already contributed significant investments in the efforts with the support of affiliated associations. She noted the LCP nearly doubled in population from 2016 to 2020. Rule 4(d) of the proposed Endangered Species Listing is especially problematic since it does not afford grazing lands the same protections as cultivated lands.(Attachment3) She stood for questions.
Ed Cross, Kansas Independent Oil and Gas Association, provided information about the LPC being listed as "threatened" in the northern portion of the LPC population which includes western Kansas. As a result of the being listed as "threatened" under the Endangered Species list it will be illegal to even disrupt the normal habits of a LPC. Plans developed will require payment of significant fees for new drilling or construction projects including on privately owned land. He stated that the LPC does not meet any of the five factors of the Endangered Species List. KIOGA has joined a legal challenge - - as a plaintiff - - led by the Permian Basin Petroleum Association. (Attachment 4) He stood for questions.
Opponents (Oral)
Zack Pitsora, Kansas Sierra Club, stated that while voluntary conservation efforts have helped conserve key habitat for the LPC, that effort has not demonstrated an ability to offset the threats and reverse the trends of habitat loss and fragmentation of habitat. The current state of the LPC is just another indicator of the disruption and decline of the ecosystem. The Sierra Club believes that the legal enforcement measures and Habitat Conservation Plans per the Endangered Species Act are necessary for the species' well being. A 2019 study by the Center for Biological Diversity showed the Endangered Species Act has a 99% success rate at preventing extinction of species under its protection.(Attachment 5) He stood for questions.
Opponents (Written)
Leslie D. Mark, citizen (Attachment 6)
Neutral (Oral)
Justin Cobb, The Nature Conservancy in Kansas, stated that although nearly 90% of the suitable habitat for the LPC has been lost or fragmented, they believe recovery of the LPC is possible. He said that the loss of the LPC is like the canary in the mines; it is a dramatic statement of the change in the ecosystem. He noted that in the Nature Conservancy's Smoky Valley Ranch, (18,000 acres of shortgrass prairie) the LPC population has grown. The Conservancy will continue in collaboration with landowners, state and federal agencies, and private investors to continue its successful work. The Conservancy encourages legislators and stakeholders at all levels to actively engage in the process to find a solution that provides the conservation measures necessary for both long-term conservation of the LPC and the economic prosperity of Kansas. (Attachment 7) He stood for questions.
Chair Rahjes closed the hearing on SCR1602.
On the Chair's prerogative, the 24 hour rule was suspended. He called for final action on SCR1602. Representative Lisa Moser moved, seconded by Representative Trevor Jacobs to favorably pass SCR1602. Motion carried. Representatives Featherston and Schlingensiepen asked that their No votes be recorded.
Chair Rahjes noted that February 7, 2023 is Conservation Day at the Capitol.
With no further business, the meeting was adjourned at 4:17 pm.
