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Could Protecting a Rare Bird Threaten New Mexico Oil Drilling?

August 25, 2022 by admin

Republican congressional leaders, including U.S. Representative from New Mexico Yvette Herrell, are fighting a proposal to provide federal protections to the lesser prairie chicken in multiple western states, arguing that such government action would damage the region’s oil and gas and other industries. to obstruct.

In June 2021, the U.S. Fish and Wildlife Service proposed designating the species as “endangered” in a southern population zone, which includes southeastern New Mexico and western Texas — the Permian Basin known as the most active oil field from the US.

A northern population of the chicken was suggested for an “endangered” designation, which included the northern Texas panhandle and areas of Kansas, Colorado, and Oklahoma.

More:Oil and gas impacts lead to lawsuit for federal action to protect fewer prairie chickens

An endangered designation means that a species is on the brink of extinction, and means that the federal government restricts certain land uses and activities that would kill individual chickens, while also requiring the government to devise a plan to control the population. to recover the species.

Endangered status means that a species is likely to meet endangered standards soon, and the federal government is taking similar, but less restrictive, measures to prevent that status increase.

If eventually a listing as threatened or endangered were made, Herrell said it would harm New Mexico’s oil and gas industry, which is located in its southern Second Congressional District, and a major engine of the state’s economy.

More:XTO Energy Fines New Mexico $1.7 Million For Violating Oil And Gas Wastewater Disposal Rules

Her comments came at a recent endangered species hearing of the all-Republican Congressional Western Caucus, which discussed the effects of federal conservation efforts on industry.

Herrell himself was recently appointed to the rankings of the House Oversight Committee’s Environment Subcommittee and is a staunch supporter of oil and gas and opponent of stricter government regulations.

She is up for re-election in November, running against former Democrat Gabe Vasquez, former Las Cruces city councilor, and energy and its impact on the environment has been a central theme of both campaigns.

More:Oil and gas jobs in New Mexico, Permian basin poised for continued growth after COVID-19

Congressman Yvette Herrell (RN.M.)

“Unfortunately, the Fish and Wildlife Service has suggested listing the little prairie chicken in my district as endangered, which is both unfair and unwarranted,” Herrell said.

“A listing would also negatively impact industries vital to New Mexico’s economy as well as to our national security, such as energy production and agricultural activities.”

Local efforts, Herrell said, were sufficient without “government force majeure,” leading to the species’ populations across the U.S. “doubling” from about 15,000 to 30,000 birds between 2013 and 2020.

More:$110M Sale of Permian Basin Assets Continues Oil and Gas Growth in New Mexico, Texas

She said landowners and both the fossil fuel and agricultural industries had already taken it upon themselves to reduce the threat to the bird.

Research showed that the small prairie chicken once numbered hundreds of thousands, and environmental groups argued that the population growth cited by Herrell and other industry supporters was not a meaningful advance in protecting the species from extinction.

This alleged failure by the government to protect the little prairie chicken has been the motivation behind a series of lawsuits filed since the 1990s, the latest of which comes from the Center for Biological Diversity, which filed a letter of intent on August to sue the Fish. and Wildlife Service. 11, arguing that the agency had not made a decision by June, 12 months after the last proposal for an offer.

More:Ronchetti Oil And Gas Discount An Expensive Campaign Promise Or Power To New Mexicans?

Michael Robinson, a conservation advocate at the Center who works out of Silver City, said that despite the efforts of landowners and industries in the area, the small prairie chicken warranted federal protection under the Endangered Species Act.

He cited the law’s provisions that a species should be listed if it meets the law’s criteria for continued habitat destruction and range, overuse of habitat for commercial purposes, and inadequacy of current regulations.

“The fact is that the little prairie chicken has disappeared from most of its range. It is losing its habitat and is facing extinction,” Robinson said. “This is happening gradually. By law, they qualify as endangered.”

More:Vasquez to balance oil and gas and the environment. Will it get him elected to Congress?

New Mexico's eastern prairie at dawn where smaller prairie chickens congregate to mate, April 8, 2021 near Milnesand.

Oil and gas operations have been especially problematic for the bird’s survival, Robinson said, as the industry not only produces greenhouse gases but also pollutes the animal’s habitat, but the installation of tall structures such as oil rigs prevents the chicken from propagating. and is able to breed. move through its range.

Small prairie chickens are known to avoid tall structures as they can be a perch for birds of prey.

“The little prairie chicken now needs to protect its habitat,” Robinson said. “We need to make a transition away from the production of greenhouse gases as soon as possible. They cause all kinds of crises for the little prairie chicken and for other species, including humans.”

More:How will the Climate Change Act signed by President Biden affect oil and gas in New Mexico?

In Carlsbad, the nonprofit Center for Excellence (CEHMM) hoped to strike a balance that would allow industries such as fossil fuel production to merge with nature and local conservation efforts.

That takes the form of conservation candidate agreements (CCAs), contracts signed by landowners to undertake certain conservation practices to prevent the species from being captured or killed in exchange for protection from further restrictions should a recording occur.

CEHMM facilitates those agreements through a partnership with the Fish and Wildlife Service, and Executive Director Emily Wirth said to the Western Congressional Caucus the work is already proving successful.

More:Oil and gas impacts lead to lawsuit for federal action to protect fewer prairie chickens

Since the program began in 2008, Wirth said 42 oil and gas companies and 2 million acres were involved in the agreements, along with 72 farmers and up to 1.8 million acres to conserve the small prairie chicken.

The program removed invasive mesquite from habitats, installed fences and improved other infrastructure to prevent impacts on the bird, Wirth said.

A similar program from CEHMM for the dune sagebrush lizard, Wirth said, prevented a federal protection listing despite several petitions and concerns about the effects of oil and gas that it said were mitigated by the agreements.

“We have had success with our program,” she said. “I think you can show success just in the number of hectares, the number of partners actively working together in the landscape and implementing conservation.”

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.

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