Fish and Wildlife Service Designates Critical Habitat for Devils River Minnow - Final Rule Slashes Original Proposal by Two-Thir

The U.S. Fish and Wildlife Service (Service) today issued a final critical habitat designation for the Devils River minnow that slashes protected habitat by two-thirds

The U.S. Fish and Wildlife Service (Service) today issued a final critical habitat designation for the Devils River minnow that slashes protected habitat by two-thirds, fitting a pattern of greatly reduced habitat protection under the Republican administration. While a July 2007 proposal would have protected 45.7 stream miles as critical habitat for the endangered minnow, today’s decision protects only 16.5 stream miles. The final critical habitat designation is located on San Felipe and Pinto creeks in Val Verde and Kinney counties in Texas.

The critical habitat designation was forced by a lawsuit against the Service brought by WildEarth Guardians, the Center for Biological Diversity, and Save Our Springs Alliance. The lawsuit challenged a 1999 decision by the Service not to protect any critical habitat designation for the minnow. The lawsuit settlement required the Service to reconsider habitat protection by July 2008.

“While we’re pleased that the Service finally recognized that the Devils River minnow deserves critical habitat protection, they were wrong to slash the final designation,” stated Nicole Rosmarino of WildEarth Guardians. “Facing rampant water diversion, the climate crisis, invasive species, and habitat destruction, this rare fish needs every tool in the toolbox to bring it back from the brink,” Rosmarino added.

In addition to ignoring conservationists’ pleas for adequate minnow protection, the Service ignored many recommendations of scientific experts it asked to review the critical habitat proposal. While several reviewers urged the inclusion of Sycamore and Las Moras creeks, and despite the Service’s recognition that these areas are essential to Devils River minnow conservation, the two creeks were excluded from the final rule out of deference to private landowners. The Service also rejected peer reviewers’ suggestions to protect streamside areas that are important for maintaining high water quality; to ensure that spring-fed baseflows are maintained; and to address impacts on minnow habitat from such activities as livestock ranching.

Also out of deference to private landowners, the Service excluded protection of the Devils River itself, on which 29.2 stream miles were included in the proposal, and which is the heart of the minnow’s occupied habitat. “The Service is turning its back on protection in the heart of the minnow’s range,” stated Rosmarino.

The Devils River minnow, a small freshwater fish with a wedge-shaped spot on its tail and a distinct lateral stripe, inhabits small spring-fed streams with fast flowing water. Once one of the most abundant of native fishes in southern Texas, the minnow is now one of the least abundant fish species and its range has been drastically reduced. Surveys have demonstrated a massive decline in population and reduction in range of the Devils River minnow. Imminent threats to the minnow include degradation of water quality from reduced stream flow and stream channel modifications from irrigation, bank stabilization, and flood control projects. These changes, in concert with drought, have degraded native fish habitat. Climate change is a threat for southwestern aquatic species, which are expected to be particularly hard-hit by extended droughts and increased human water use.


 

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