A Potential Regulation Change Could Seriously Impact the Duck Factory

Conservationists are raising the alarm over a wonky regulatory change that could significantly impact wetlands in the Prairie Pothole Region—a vital breeding ground for 50% of the continent’s primary game duck species, according to the U.S. Geological Survey.

The potential rule change is over what’s known as “drain tile setbacks,” which the U.S. Fish and Wildlife Service (USFWS) opened a brief public comment period about on July 24 that extends until August 7.

Understanding drain tile setbacks goes back to a 1958 amendment to the Duck Stamp Act, which allowed duck stamp funds to be used to conserve “small wetland and pothole areas” with a one-time payment to private landowners. The easements allow farmers to crop those areas if they eventually dry up naturally but include regulations to prevent them from doing so intentionally—tile setback regulations are one such way.

According to the USFWS, “drain tile positioned adjacent to wetland areas can result in reduced hydroperiods (periods of inundation)…Many property owners take issue with the fact they are not compensated for the loss of the use of their private property outside the easement that was originally purchased based on the area that is determined by the Fish and Wildlife Service as needed to stop drainage of the wetland.”

In contrast, Ducks Unlimited has said that “for 60 years, the USFWS has followed a ‘No Impact’ policy for wetlands protected by voluntary easement contracts, which prohibit draining, filling, or burning these wetlands. DU supports maintaining this policy of ‘no impact’ while providing safe harbor for landowners with approved tile drainage plans.”

In the recently opened comment period, the USFWS is seeking information about a 2024 rule that “codified the process by which landowners could request, and the Service would provide drain tile setbacks under wetland easement contracts.”

Conservation advocates say that the rule only confirmed existing policy and worry that the USFWS may be considering actions that will lead to the drainage of key breeding grounds in the Prairie Potholes. And it will hinder the conservation efforts that waterfowl hunters funded in the first place through the Federal Duck Stamp.

“Today, the progress we have made to protect these habitats faces an urgent threat,” writes Ducks Unlimited in an action alert. “If these crucial regulations are changed or removed, the threat becomes reality.”

The USFWS is collecting public feedback through the Federal Register until August 7. It’s important for waterfowlers to speak up and make their voices heard.