U.S. declares critical habitat for threatened snake species in Arizona and New Mexico

A threatened species of aquatic garter snake is getting approximately 447 miles of protected habitat in Arizona and New Mexico under a new rule published in the Federal Register on Thursday.

The narrow-headed garter snake, which lives in or alongside riverways, has been listed as threatened (a step below endangered) by the U.S. Fish and Wildlife Service since 2014.

The new rule declares 23,785 acres between the two states as critical habitat for the snake, which is nonvenomous and preys on fish. That includes approximately 216 miles along stretches of the Gila, San Francisco, Blue, Tularosa and Verde rivers. 

In New Mexico, the habitat designations are in Grant, Hidalgo and Catron counties, in addition to five affected counties in Arizona. 

Brian Segee, endangered species legal director for the nonprofit Center for Biological Diversity, said critical habitat designation "puts lines on a map (allotting) specific areas of particular importance to the species and … creates additional obligations on federal agencies that are proposing or undertaking or permitting actions within the range of that critical habitat." 

Segee said the designation scaled back habitats in upland areas included in a 2013 proposal by the agency, but maintained similar protections by rivers. At that time, federal protection for the snake was under consideration. 

The Arizona-based wildlife organization took the Fish and Wildlife Agency to court in 2018 for failing to designate critical habitat for this species along with the northern Mexican garter snake and has recently settled other litigation with federal agencies over cattle grazing in riparian areas. 

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According to the published rule, federal agencies commenting on the proposed designation raised concerns about grazing allotments as well as off-road vehicle use in proposed habitats. Fish and Wildlife noted in its response that the rule does not prohibit these actions, but rather requires consultation with FWS to ensure that habitats are not harmed. 

Segee that while there has been progress on habitat protections since the 1990s, in recent years "there has been a systematic backsliding on the protection of southwestern streamside habitats from livestock grazing." 

Representatives of the U.S. Fish and Wildlife Service did not respond to queries from the Las Cruces Sun-News.

The concern among conservationists about cattle grazing alongside rivers include potential erosion and contamination of the water and loss of the snakes' prey.

The designation includes private land along the Gila River owned by mining company Freeport-McMoran, which had requested an exemption from the new rule arguing that its conservation efforts were enough to protect the garter snake. The exemption was supported by the New Mexico Department of Agriculture, yet FWS turned it down, stating that the species required specific habitat protections of its own. 

The rule goes into effect on Nov. 22.

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonWrites on Twitter.