Explanation. For implementation during the remainder of FY 2022, States will follow the guidance set forth in this bulletin and will be notified when the affected provisions of 440-CPM-528.152E have been updated.
States must continue to follow the policy in 440-CPM-528.152E with respect to authorizing haying or mowing, with the exception that the requirements related to the July 15 to September 1 dates identified in 440-CPM-528E(2)(i) are modified as follows:
1. Haying or mowing may only be scheduled to occur after the end of the State Primary Nesting Season (PNS) identified for the Conservation Reserve Program (CRP) and must be completed by September 1, unless alternative dates are identified and documented in the State’s Wetland Restoration Criteria Guidelines (WRCG) (see 440-CPM-528.131(B)(3)(vi)).
2. States may establish alternative PNS dates or haying/mowing completion dates that differ from the dates identified in paragraph 1 above. The establishment of alternative dates must be based on more specific evaluation of habitat types, species needs, and other technical factors along with input received from the U.S. Fish and Wildlife Service, the Farm Service Agency, State Technical Committee, and State wildlife agencies. The alternative dates, along with the technical rationale for establishing such dates, must be identified and documented in the WRCG prior to issuing a CUA for haying and mowing subject to such dates.
3. Factors for consideration of alternative PNS dates may include but are not limited to:
· average timing of the initiation and completion of nesting activities by ground-nesting birds;
· local and regional species needs;
· latitudes and seasonality;
· precipitation patterns and growing seasons;
· plant community health; and
· habitat types and ecological site requirements.
All CUAs issued after the date of this bulletin that include haying or moving must follow the schedule limitations in paragraph 1 above unless alternative dates have been established and documented in their WRCG in accordance with paragraphs 2 and 3 above. CUAs that include haying or mowing prior to the establishment of alternative dates must following the schedule limitations in paragraph 1.
States that establish or expect to establish alternative PNS dates should notify the National ACEP-WRE Program Manager of their intention no later than July 15, 2022.
This guidance does not apply retroactively to existing, unexpired CUAs; however, once an existing CUA expires all subsequently issued CUAs that include haying or mowing are subject to these revised requirements. Each CUA is a discreet authorization and expires on the expiration date identified at the time the CUA is issued and cannot be extended. CUAs are subject to the requirements in place at the time the CUA is issued.
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