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Wednesday, May 17, 2006
Rare Aplomado Falcons the Focus of Otero Mesa Hearing

Judge Black to Hear Evidence on Falcon Use of Otero Mesa, Harms from Oil and Gas
Contact: WildEarth Guardians

Albuquerque, NM-Judge Black will hold a special hearing today in the Otero Mesa case, focusing on the presence of Aplomado Falcons in this area. A juvenile Aplomado falcon was sighted on Otero Mesa on April 12, near an area slated for oil and gas drilling, less than two miles away from where a pair of falcons was spotted last August. There have been nearly two dozen credible sightings of the endangered bird in New Mexico in 2005 and 2006. The six sightings of falcons since last August on Otero Mesa represent the most frequent rate of falcon detections in that area for at least the past fifty years. These sightings occurred across all four seasons and included both young and adult birds.

Judge Black granted the state’s request for an evidentiary hearing on the matter given the sighting of two falcons last August near an area on Otero Mesa recently leased for oil and gas drilling. The judge wrote that while judicial review of agency action is usually limited to the administrative record, information about the sightings may contradict assumptions in the environmental impact statement prepared by the Bureau of Land Management (BLM) regarding drilling on Otero Mesa.

“The increased rate of falcon sightings on Otero Mesa underscores the importance of Otero Mesa for falcon recovery and shows that the BLM has violated federal law by refusing to address impacts from oil and gas drilling to the Aplomado Falcon” stated Dr. Nicole Rosmarino of WildEarth Guardians. Rosmarino stated, “Protecting Otero Mesa from drilling is vital for recovery of this rare raptor.”

Information on the BLM’s failure to comply with both the Endangered Species Act and the National Environmental Policy Act by inadequately considering impacts of oil and gas drilling on Aplomados is expected to be heard at Wednesday’s hearing. Conservation groups have challenged BLM’s inconsistent findings regarding impacts to the falcon from drilling Otero Mesa. On June 13, 2003, the BLM determined that oil and gas activities under the proposed land use plan amendment were “likely to adversely affect” the Aplomado Falcon. Before formal consultation with the U.S. Fish and Wildlife Service (FWS) was conducted, however, the BLM changed its mind. On September 8, 2003, the BLM determined that the proposed amendment was “not likely to adversely affect” the falcon, stating that the falcon did not occupy any habitat and was only occasionally sighted on Otero Mesa.

In contrast, FWS has repeatedly noted the important habitat Otero Mesa provides to falcons and the many harms that will result to the rare bird from allowing oil and gas drilling in this area. The growing number of credible falcon sightings, occurring year-long, contradicts BLM’s assumption that falcon use of Otero Mesa is only occasional.

A recent article in The Journal of Raptor Research, partially funded by FWS, concluded that “Grassland conservation is paramount in conserving Aplomado Falcons and other grassland birds in the Chihuahuan Desert.” While the BLM set aside approximately 35,000 as “core habitat” to be protected for falcons, an expert has found that nearly ten times that amount may be needed for a self-sustaining falcon population on Otero Mesa.

For more background information, including the list of 23 sightings that have occurred in New Mexico in 2005 and 2006, and the six that have occurred on Otero Mesa since last August, contact Nicole Rosmarino at 505-699-7404.

Additional Contact:Jim Angell, Earthjustice: 720-272-1179