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Government Designates Critical Habitat to Protect Water Quality for Bitter Lake Animals
Contact: Nicole Rosmarino (505) 699-7404

ADDITIONAL CONTACT: Robin Cooley, Earthjustice,303-996-9611, rcooley@earthjustice.org

SANTA FE, N.M. Four rare aquatic species now have abetter chance at escaping extinction due to Endangered Species Act protections.In tomorrow’s Federal Register, theU.S. Fish and Wildlife Service (Service) will designate portions of Bitter LakeNational Wildlife Refuge (Refuge) as critical habitat for these four species, threeof which are found nowhere else in the world.

Bitter Lake National Wildlife Refuge, locatednortheast of Roswell, NM, provides unique habitat for these rare species,including sinkholes, playa lakes, seeps, and gypsum springs fed by anunderground river. The Roswell springsnail, Koster’s springsnail, and Noel’samphipod (a freshwater shrimp), exist only on the Refuge. The Pecos assimineasnail is found on the Refuge and in limited areas in Texas. All are highlyvulnerable to degraded water quality.

Tomorrow’s critical habitat revision includeshabitat safeguards for all four invertebrates. In the original critical habitatrule (issued in 2005), the Service declined habitat protection on the Refuge.But conservation groups contended that these species needed critical habitatdesignation for their last remaining habitat within the Refuge to protect themfrom oil and gas drilling and possible water contamination. The revisedcritical habitat rule addresses that concern.

“We’re pleased that Bitter Lake will receive anincreased legal shield, given the threat from oil and gas drilling to thisunique biodiversity hotspot,” said Dr. Nicole Rosmarino of WildEarth Guardians.“Just one oil spill in their habitat could extinguish these fragile speciesforever, and the Service should guard against that threat,” stated Rosmarino.

The Service recognizes the threat from oil and gasdrilling throughout the revised critical habitat rule. The main concern fromoil and gas operations here is water contamination. Given their sensitivity,the snails and shrimp are “indicators” of water quality. In 1994, YatesPetroleum spilled brine in the Refuge, with a chloride content 20 times higherthan state standards. Refuge staff called the spill a “tragedy” that imperiledsprings, wetlands, underground waters, and wildlife.

There are at least seven oil and gas wells in theRefuge, all posing contamination hazards. In 2006, Yates Petroleum Co. filedapplications for two more gas wells in the Refuge, one to be located justone-quarter mile from the visitors center and only 200-300 yards upstream ofhabitat occupied by the endangered invertebrates. After pressure from the stateand others, Yates withdrew its applications. But the company could reapply.

The listing of the four invertebrates under theEndangered Species Act in 2005 and tomorrow’s critical habitat designation comeas a result of lawsuits brought by WildEarth Guardians and the Center forBiological Diversity; the groups were represented by Earthjustice and theUniversity of Denver Environmental Law Clinic.

“These species’ last remaining habitat in the worldis under threat by oil and gas development,” said Robin Cooley, theEarthjustice attorney who represented the conservation groups. “The Service’sdecision to protect that habitat is not only legally required, but it’s alsocommon sense.”

Background

In a Federal Register notice to be publishedtomorrow (June 7, 2011), the Roswell springsnail and Koster’s springsnail willreceive 70.2 acres of critical habitat in two areas on the Refuge in theSago/Bitter Creek Complex and Springsnail/Amphipod Impoundment Complex. Noel’samphipod will also receive these 70.2 acres, and an additional 5.8 acres alongthe Rio Hondo. Pecos assiminea will obtain 494.7 acres of critical habitat,including 50.2 acres at the Sago/Bitter Creek Complex and Assiminea ImpoundmentComplex, as well as 444.4 acres on lands owned by The Nature Conservancy inTexas.

Bitter Lake Refuge contains many unique features,including sinkholes, playa lakes, seeps, and gypsum springs fed by anunderground river, and it provides habitat to rare invertebrates and plants aswell as a total of 485 wildlife species. Additional endangered species thatlive there include the Pecos sunflower, Pecos gambusia, Pecos bluntnose shiner,and least tern. The refuge hosts a Dragonfly Festival every year to promoteawareness of the 90 species of dragonflies and damselflies that occur at BitterLake.