In fact there is research that show hens and males will use other leks. There is not enough collective research to determine the definitive effects of noise from oil and gas development as it pertains to raptor and grouse behavior during certain times of the year. Currently there is an ongoing effort to determine the possible effects noise from development may or may not have on the species during seasonal times of breeding and nesting. PAW recommends that BLM remain flexible when applying these mitigation measures until further studies have been completed and the results have been determined. The same criteria apply to defined raptor and game bird winter concentration areas from November 15 to April 30.
PAW strongly opposes the designation of winter concentration areas as stated above.
At this time, PAW is unaware of any substantial evidence that would support the enforcement of a seasonal restriction from November 15 to April 30 due to the protection of raptors and game birds. This status allows for a certain amount of flexibility in developing measures protective of the species. BLM has certain discretionary authority and should consider the effects on the oil and gas operator as part of its adoption of reasonable and prudent measures necessary to minimize the impact on the Mountain Plover. PAW supports mitigation measures that have been implemented through the RMP's to protect congressionally designated historic trails, listed historic sites in the National Register, and trails and historic sites eligible for listing that are referenced in the RMP's. Currently there is a viewshed analysis being conducted by BLM regarding congressionally designated historic trails.