A problem is that the designation of distinct population segments is a judgement call and depends on your interpretation of the discreteness and significance of the population. Including DPS in the ESA is also of questionable legality.
source https://www.wlj.net/opinion/resource_science/resource-science-the-lesser-prairie-chicken-and-the-esa/article_4b9ecfbe-d056-11eb-96db-5b2721bfe4de.html
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