Otero County, Forestry Service support changes to Endangered Species Act

ALAMOGORDO - The Otero County Commission is in support of proposed changes to the Endangered Species Act.

The commission plans to send letters — drafted by Otero County Lawyer Michael Eshleman — to the three agencies that have proposed changes: The Fish and Wildlife Service, the National Marine Fisheries Service and the National Oceanic and Atmospheric Administration.

The letters open with an assertion that the the residents of Otero County "have suffered because of the Endangered Species Act."

The proposed changes include identifying economic effects of listing an animal as endangered, revising the definition of destruction or adverse modification and making determinations on a case-by-case basis.

Endangered Species Act

The Endangered Species Act was passed by Congress in 1973 at the urging of Republican President Richard Nixon, who said when he signed the bill into law that "nothing is more priceless and more worthy of preservation than the rich array of animal life with which our country has been blessed."

In addition to setting out and defining the categories of "endangered" and "threatened," the law made plants and all invertebrates eligible for protection.

It applied broad "take" prohibitions on endangered species and blocked the federal government from doing anything that would jeopardize a listed species or destroy or modify its "critical habitat."

Species become listed — or proposed for removal — either by proposals from federal scientists or by petitions from the public.

Congress has passed amendments several times through the years, but the basic framework of the 1973 law has remained untouched.

More:Republicans say iconic Endangered Species Act no longer working, call for major makeover

Otero County effects

The county is made up of mostly government-owned lands including those owned by the U.S. Forestry Service, the Bureau of Land Management, the U.S. Air Force, U.S. Army, Mescalero Apache Tribe and the State Land Office.

"In the Lincoln National Forest, administered by the Forest Service, that agency keeps moving the goal posts on what it is trying to protect," the letter states. "The Forest Service regulations killed the timber industry in this county. And now they are trying to kill the livestock industry, too."

The letters are being submitted as part of public comment on the ESA changes.

“In my analysis of it, they are essentially some technical changes standardizing provisions and so I wrote those letters in support of these changes," Eshleman said.

U.S. Forest Service District Ranger Beth Humphrey is also in support of the changes.

"From what I've read, these changes will actually be an improvement over what we've had to follow in the past," Humphrey said. "It sounds like it's going to be easier to get through the process of doing biological assessments and the impacts of our actions on these species which means that it is going to be quicker for us to be able to do actions on the ground. I think it's going to be easier for us to actions within threatened, endangered species habitat and that's a good thing for any industry that has impact on threatened and endangered species and their habitats… I'd like to see some more consideration of people's concerns, especially from the livestock grazing standpoint that is so important to us here in Otero County."

More:County discusses meadow jumping mouse habitat

Humphrey said she doesn't agree with the county's assessment in regard to the ESA's effect on the area's livestock and timber industries. 

"There's a perception about what happened in the 70s and 80s with the spotted owl and now with the (New Mexico meadow jumping) mouse that it's the act itself is trying to kill these industries and that's really just not true," Humphrey said. "It's not been my experience whatsoever over the last several years. I think livestock grazing and logging could still be flourishing if the people that were all working together to protect the species. Unfortunately, what happens is people want to do things the way they've been doing it for 100 years and change is hard. There's a rebellion against any change and that's what's happened with logging and with livestock in this part of the world."

She added that it both sides would work together the spotted owl would be flourishing with the logging industry and the mouse would be flourishing with the grazing industry.

"I think the changes to the Endangered Species Act that are being made, hopefully, will help with the people who are willing to work together," Humphrey said. "I do believe that changes in this act are going to make it easier both for us and for people affected to get through the process of protecting a species," Humphrey said.

Against the changes

Not everyone is for the proposed changes.

Southwest Environmental Center Director Kevin Bixby — whose offices are in Las Cruces — said his organization is against the changes.

"The whole point (of the ESA) is to save species that are on the verge of extinction and often driven to that point by economic activity," Bixby said. "It's just nonsensical. You might as well get rid of the law if you're going to start weighing biological factors against economic considerations. We don't support that at all."

Humphrey noted there are programs that help landowners with endangered species on their property.

"If you ask for that kind of help, you're going to get it," she said. "You're not going to be left out there by yourself paying all these costs to protect these species and I'm not sure if that's a widely known thing."

More:Lincoln National Forest completes reforestation projects

Among these programs that can help are the Nature Conservancy, Defenders of Wildlife, and the Otero Soil and Water Conservation District. "Also the Fish and Wildlife Service has information, just go to their website fws.gov and search for "conservation planning."

The public has until Monday, Sept. 24, to weigh in on the proposed changes.

The Federal Register has advised all comments to be sent through the mail or electronically by going to www.regulations.gov and  enter FWS-HQ-ES-2018-0006 in the search box. This number is the docket number for this rule change. 

Those wishing to mail their comments can send them to Public Comments Processing, Attn: FWS-HQ-ES-2018-0006; U.S. Fish & Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803 or National Marine Fisheries Service, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910.