HOUSE MEMORIAL 2

50th legislature - STATE OF NEW MEXICO - first special session, 2011

INTRODUCED BY

Paul C. Bandy

A MEMORIAL

REQUESTING THE UNITED STATES FISH AND WILDLIFE SERVICE TO DELAY A DECISION ON LISTING THE DUNES SAGEBRUSH LIZARD UNDER THE FEDERAL ENDANGERED SPECIES ACT OF 1973.

     WHEREAS, the federal Endangered Species Act of 1973 and regulations promulgated to implement that act allow for the periodic review of species for inclusion under the act; and

     WHEREAS, the United States fish and wildlife service claims that listing the dunes sagebrush lizard as endangered is warranted; and

     WHEREAS, the United States fish and wildlife service is in the process of making a listing determination for the dunes sagebrush lizard by December 2011; and

     WHEREAS, during the last decade, the state of New Mexico, in cooperation with the United States bureau of land management, the United States fish and wildlife service and the private sector, has initiated numerous proactive measures to preserve the dunes sagebrush lizard and its habitat in southeastern New Mexico; and

     WHEREAS, the bureau of land management has withdrawn the habitat from future oil and gas production to supposedly eliminate threats to the dunes sagebrush lizard on lands that the bureau of land management controls through a resource management plan; and

     WHEREAS, there is incomplete, inaccurate and conflicting data cited in support of the listing of the dunes sagebrush lizard; and

     WHEREAS, cooperators have entered into voluntary candidate conservation agreements and candidate conservation agreements with assurances that cover significant portions of the dunes sagebrush lizard's range; and

     WHEREAS, these candidate conservation agreements and candidate conservation agreements with assurances include mandatory conservation and mitigation measures to avoid and mitigate the impacts on the dunes sagebrush lizard and its habitat; and

     WHEREAS, private industry within the dunes sagebrush lizard habitat, including both oil and gas industries and livestock operators, have contributed over one million dollars ($1,000,000) for the monitoring and study of the dunes sagebrush lizard and for the study of and protection of the habitat for this species; and

     WHEREAS, a similar effort is underway in west Texas for proactively protecting the dunes sagebrush lizard through candidate conservation agreements with assurances; and

     WHEREAS, the combination of these conservation efforts has protected or will protect the majority of the dunes sagebrush lizard habitats both in New Mexico and west Texas without an endangered species listing; and

     WHEREAS, the listing of the dunes sagebrush lizard as threatened or endangered will, at a minimum, delay or even curtail livestock grazing and oil and gas development in southeastern New Mexico with a significant adverse impact to the economy of southeastern New Mexico and to the income that the state of New Mexico receives from taxes, rents and royalties associated with these industries; and

     WHEREAS, the United States fish and wildlife service has adequate documentation showing that the threats to the dunes sagebrush lizard have been adequately mitigated;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that, for a period of at least one year, the United States fish and wildlife service be requested to delay a listing decision to allow for such additional reduction of threats as deemed necessary across the dune sagebrush lizard's range so as to find a listing of threatened or endangered unwarranted; and

     BE IT FURTHER RESOLVED that the United States fish and wildlife service be requested to consider the proactive work within the state of New Mexico and make a listing decision for the New Mexico portion of the dunes sagebrush lizard habitat, independent of the factors threatening the species in Texas; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the United States fish and wildlife service, the secretary of the interior and the members of the New Mexico congressional delegation.

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