Roosevelt commission discusses prairie chicken report

PORTALES— In their Tuesday meeting, Roosevelt County commissioners heard a report on where the Lesser Prairie Chicken stands on possible placement on the endangered species list.

Kendell Buzard, the county's representative on the NM/AZ Coalition of Counties board, told commissioners that in September, a few environmental organizations petitioned U.S. Fish and Wildlife to have the Lesser Prairie Chicken re-listed as an endangered species.

"So that will start again," said Buzard.

A lawsuit filed by several New Mexico counties, including Roosevelt, was won in early 2016. The counties filed suit against Fish and Wildlife for their ruling that the prairie chicken should be on the endangered species list.

Buzard filled the two new commissioners, Dennis Lopez and Matthew Hunton, in on the nature of the lawsuit, saying that the counties who sued the federal organization "felt that the science used to list that bird was unsound ... And the rules that they implemented on ranchers and energy companies was just unjust, and the court agreed."

"The government is hearing and going over that petition right now, so I don't know if Roosevelt County will find itself back in the regulations to protect that bird," Buzard told commissioners about U.S. Fish and WIldlife's latest petition. "I don't know which direction they're going to go this time. I've heard that they've cleaned up their act, and they're going to play by the rules this time to try to get the bird listed again."

Buzard said the tough thing about these types of lawsuits is that "even when you win, you might not win."

"Unfortunately, they have the resources and the means to just keep re-filing and re-filing (for endangered status)," he said of U.S. Fish and Wildlife.

Lopez asked Buzard if he could fill him in on some of the ramifications of having the bird listed as an endangered species.

Buzard told Lopez that Roosevelt County was going to have to spend roughly $30,000 on permits to blade its own county roads because they went through prairie chicken habitat.

Road Superintendent Ricky Lovato confirmed that Buzard was correct, saying that environmental and engineering aspects had to be followed.

He said his road crews would not have been allowed to blade during certain times of year, and during the chicken's mating season blades could only be run between 9:30 a.m. and 2 p.m.

"It was going to be a great problem for the road department," he said.

Buzard said there are articles within the Endangered Species Act that allow the federal government to come onto a private land owner's property and enforce rules and regulations if it is within an endangered species' habitat.

"We could go on and on," Buzard said. "Basically, the answer to your question is it's going to adversely affect the citizens of this county, the economic drivers of this county and your tax base. That's what you took an oath to protect."

Buzard explained the goal is to hold the federal government accountable "and make them at least consider and coordinate with us according to our customs and culture in our local economies, at the very least.

"If someone doesn't hold them accountable and sort of police these issues, then there's no end," he said.