Case Studies

Protecting the Lesser Prairie-Chicken and Sand Dune Lizard in New Mexico

In December 2002, the significant decline of the Lesser Prairie-chicken and Sand Dune Lizard in southeastern New Mexico caused a coalition of federal and state regulatory and land management agencies to take action. They proposed to assemble a Working Group of public and private stakeholders to negotiate a broad strategy for the protection of the two at-risk species. After more than two years of negotiation, the stakeholders – representing the interests of state and federal agencies, ranchers, oil and gas industries, conservation and recreation – reached consensus on a comprehensive approach to protect and preserve the habitat of the two species on public land in southeastern and east-central New Mexico.

Location: New Mexico
Objective: Negotiate a broad strategy for protecting two atrisk species.
Duration: Three years (2003-2005)
Parties: Representatives of state and federal agencies, ranchers, oil and gas industries, conservation and re

History
A sharp decline in the population of Lesser Prairie-chicken (LPC) and the Sand Dune Lizard (SDL) in the early 1990s raised concerns about the sustainability of the species in southeastern New Mexico under current land-management and conservation plans and practices. To address these concerns, in December 2002, state and federal agencies and the Washington D.C. based Wildlife Management Institute proposed that a Working Group of appropriate public and private stakeholders meet to develop a collaborative conservation strategy for the management of the shinery-oak and sand sage-grassland communities that serve as natural habitats for the two at-risk species. The same habitats also hold considerable economic value to the state and local governments, ranchers and oil and gas industries and are important resources for employment, natural resource royalties and tax revenue.

By the early 1990’s, the LPC and the SDL were both considered candidates for federal listing under the Endangered Species Act. SDL populations are restricted to open, low-lying areas between active sand dunes in areas dominated by shinnery oak. The decline of shinnery oak and dune habitats due to agricultural herbicide application and road and infrastructure development threatened southeastern New Mexico’s LPC & SDL populations.

The Process
To address the threatened species, a Working Group of over thirty stakeholders convened on behalf of state and federal agencies, ranchers, oil and gas industries, and conservation and recreation entities to discuss potential management strategies for the economically and environmentally valuable habitats. Led by professional facilitators, Ric Richardson (University of New Mexico and Consensus Building Institute (CBI) Consultant), and Toby Herzlich (Toby Herzlich & Company), the Working Group met monthly to build consensus on a strategy aimed at balancing the protection of the vulnerable species and human livelihoods. Over a period of two years, the stakeholder representatives developed mutual understanding about the biology of the two species as well as shared knowledge of and appreciation for their common interests.

Development of the Conservation Strategy resulted from a carefully crafted process. An initial meeting established the composition of the Working Group as well as ground rules for negotiations. Participants worked collaboratively to understand the facts from divergent points of view. They agreed on assumptions that would be used to evaluate the quality of the habitat, and valued how the history affected the past and future uses of the land. The Working Group invented a new way of “seeing the land” by creating a sophisticated geographic information system (GIS) that could analyze qualities of the land and show the relationships between development and habitat. Intense discussions focused on seemingly simple issues such as defining key geographic and habitat areas as well as complex technical issues such as defining criteria that could for designating “occupied,” “suitable,” and “potentially suitable, ” and “ unsuitable” habitats.

Halfway through the negotiations, the New Mexico Bureau of Land Management (BLM) initiated an official process to amend to the Resource Management Plan (RMP), which is the basis for its land use policies and regulation. The RMP amendment required that an EIS be prepared to evaluate alternatives. It gave the Working Group a timeline and regulatory mechanism to submit key elements of the conservation strategy. Ultimately, a slight modification of the Working Group’s proposals became the BLM’s preferred alternative.

The negotiating parties in southeastern New Mexico expressed their committment to avoiding the litigation and conflicts over the LPC and the SDL that have plagued other threatened species such as New Mexico’s Slivery Minnow or the Spotted Owl. Through their long-term effort to grapple with complex issues and understand conflicting perspectives, the participants grew to trust one another and work together. Building on these working relationships, the Working Group designated an Implementation Committee that will monitor implementation of the recommendations and assess progress in restoring the habitat for the species. As a result of the negotiations, it is probable that the LPC and the SDL will be protected without being listed as endangered by the federal government.

Results
In May 2005, the Working Group presented its findings and recommendations for the conservation of the LPC and SDL in New Mexico in a final report, “Collaborative Conservation Strategies for the Lesser Prairie-Chicken and Sand Dune Lizard in New Mexico.” The Conservation Strategy outlines several initiatives aimed at conserving and expanding habitat and creating new ways to accommodate the LPC and the SDL. It also sets standards for evaluating habitat quality and defining strategies to maintain its quality. The group developed an innovative way to exchange land reclaimed by the oil and gas industry for new areas that could be released for leasing and exploration. The participants also agreed that the economic rights of ranchers’ grazing leases must be compensated, if it became necessary to remove cattle to protect habitat.

A captive propagation facility near Carlsbad, New Mexico, will provide a way to reintroduce birds to unoccupied parts of the historic range. In addition, the strategy limits some forms of predator control and recommends management and education efforts to reduce poaching and accidental shooting. If all goes well, an “Eastern Plains Conservation Coordinator” will implement conservation actions, work with landowners to initiate partnership projects, and undertake public education and outreach.

Major Lessons
The LPC and SDL Working Group process presented a unique opportunity for stakeholders to develop a strategy to protect multiple candidate species. Three key lessons can be gleaned from the experience:

(1) Participants in projects like these will have to grapple with complex scientific and technical issues. The Working Group made sure there was access ample to technical support and resources; the participants created ways for the group to engage in joint fact-finding.

(2) It is important to have boundaries for the negotiations and a clear timeframe. Because the BLM decided to amend the Resource Management Plan (RMP), the collaborative effort benefited from having an EIS that established a regulatory framework that set clear legal boundaries and established a manageable timeframe to complete the negotiations.

(3) It is important to recognize the power of developing working relationships. Individuals and organizations in the Working Group developed long-term working relationships that enabled them to continue working together to implement the Conservation Strategy.

For more information, contact Ric Richardson, University of New Mexico, School of Architecture and Planning, (505) 277-6460, jrich@unm.edu.