DEPARTMENT OF THE INTERIOR

U.S. FISH AND WILDLIFE SERVICE

REGION 2

Oilfield Pollution Investigations – TX, NM, OK

DEC ID: 21410-1130-2F43

FFS # 2F43

(Filename:ModifiedLEReport.doc)

by

Russell Carter, Special Agent

U.S. Fish and Wildlife Service

Lubbock, Texas

July 6, 2011

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ABSTRACT

In 2005, a four-year investigation was initiated by U.S. Fish and Wildlife Service Region 2 Law

Enforcement special agents within the states of Oklahoma, Texas, and New Mexico. The

purpose of this investigation was to determine Migratory Bird Treaty Act (MBTA) compliance

of oil field operations within these states. The objective of the overall investigation was to

determine the number of oil pits in non-compliance with the MBTA as well as those within

compliance in Texas, Oklahoma, and New Mexico. Data collected in these investigations

included physical locations of oil pits mapped using Global Positioning Satellite technology;

compliance status of these oil pits; and the total and number of migratory birds found in these

pits. Dead migratory birds observed in these oil pits were recovered by established field methods

and submitted to the National Fish and Wildlife Service Forensic Laboratory in Ashland,

Oregon, for identification purposes following strict line of evidence procedures. Subsequent

target letters were issued to the offending parties (i.e., lease holder, operator, etc.) via certified

mail providing potential violations, recommended compliance measures, and compliance

schedules. Citations, fines and other actions were levied as appropriate. Over the course of the

four year investigation, a total of 2,072 sites were inspected during 30 details. Six hundred and

sixty five birds (665) were recovered during this period with 590 of those birds recovered

identified as migratory. Approximately $259,800 in fines were collected from the oil companies

that were found to be in violation of the MBTA.

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KEY WORDS:

Oilfield Pollution Investigations – TX, NM, OK

Migratory Bird Treaty Act

Texas, Oklahoma, New Mexico

DEC ID: 21410-1130-2F43

FFS # 2F43

Congressional Districts TX: 1-32 OK: 1-5

Table of Contents Introduction…………………………………………………………………………………… 3

Methods and Materials………………………………………………………………………... 4

Results and Discussion………………………………………………………………………... 6

References…………………………………………………………………………………….. 7

List of Figures Figure 1. Open oil pit. ..................................................................................................................... 3

Figure 2. Dead mallard trapped in oil pit. ....................................................................................... 4

Figure 3. Dead bird trapped in oil pit. ............................................................................................. 5

Figure 4. Dead-oiled grebe adjacent to oil pit. ............................................................................ …5

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INTRODUCTION

In 2005, a four-year investigation was initiated by U.S. Fish and Wildlife Service (Service)

Region 2 Law Enforcement special agents within the states of Texas, New Mexico and

Oklahoma. The purpose of this investigation was to determine Migratory Bird Treaty Act

(MBTA) compliance of oil field operations within these states.

Background and Justification

Open oilfield pits and tanks as well as a proliferation of production saltwater spills continue to

impact migratory birds and other resident fish and wildlife resources in Texas, New Mexico and

Oklahoma (Figure1). Past mortality to migratory birds from open oilfield pits and tanks in

Figure 1. Open oil pit.

Southeastern New Mexico alone was estimated at upwards of 250,000 per year (Grover and

Flickinger, 1983). Nationally, it is estimated that open oil pits result in the death of between

100,000 and 1 million birds per year (Esmoil, 1991; Flickinger and Bunck, 1987; Flickinger,

1981; Hubert, 1990; Lee, 1990; and Trail, personal communication, 2004). In Region 2,

inspections conducted from 1999 through 2002 by Service Law Enforcement special agents

throughout historic petroleum production areas in Texas, New Mexico and Oklahoma in

partnership with state and other federal agencies, documented netting compliance and oilfield

migratory bird mortality (Figures 2, 3, and 4) (Mowad and Lillich, 1997). During this time

frame, a total of $194,842 in collateral fines were collected from those oilfield operators

documented with migratory bird mortality and these funds, by statute (Title 16 United States

Code 4405), were deposited directly into the North American Wetlands Conservation Fund. In

addition, a multitude of open oilfield hazards were remediated by offending operators following

the issuance of appropriate target letters via certified mail. In turn, this resulted in the direct

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decrease of loss of migratory birds from contact with oil by encouraging netting and other

compliance measures. Furthermore, protection of wildlife resources was increased by providing

an outreach component to the public through printing and distribution of Service brochures and

fact sheets on these issues. Data generated from previous investigations by Region 2 law

enforcement personnel were also directly responsible for establishing an advisory netting rule in

Oklahoma and state netting mandates of open oil pits in Texas and New Mexico. The

investigation of one site in north central Texas during this time frame directly resulted in a three

million dollar remedial action by the responsible party and an on-going natural resources damage

assessment and restoration case where an estimated 150 acres of riparian, wetland, and grassland

habitat will be restored (Giggleman, personal communication, 2004).

METHODS AND MATERIALS

The objective of the overall investigation was to determine the number of oil pits in non-

compliance with the MBTA as well as those within compliance in Texas, New Mexico and

Oklahoma. The number of migratory birds found in these pits and any other pertinent

information such as site conditions were recorded. These numbers were then to be used to

develop an estimate for regional impacts on various categories of migratory birds. However, the

categories were undeterminable because the birds were indistinguishable upon collection.

Figure 2. Dead mallard trapped in oil pit.

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Figure 3. Dead bird trapped in oil pit.

Figure 4. Dead-oiled grebe adjacent to oil pit.

6

Investigations began in the spring of 2005 and lasted through 2009. Oil fields in Texas, New

Mexico and Oklahoma were targeted. These inspections were expanded into oil fields not

previously inspected by any prior investigations. Summary interim reports were provided on an

annual basis until the completion of the project in 2009.

Initially, flyovers were conducted by Service aircraft to gain general locations of oil pits. These

flyovers were followed by ground inspections conducted by Service personnel to determine

compliance status. However, over time the majority of the inspections were conducted in a

random method by ground personnel, based on known oilfield locations, without any flyovers by

Service aircraft. Ground personnel consisted of multiple teams of Service special agents. These

special agents were deployed as details to oil fields within Texas and Oklahoma. Approximately

30 details were performed during the course of the 4-year investigation.

Data collected in these investigations included physical locations of oil pits mapped using Global

Positioning Satellite technology; compliance status of these oil pits; and the total and number of

migratory birds found in these pits. Dead migratory birds observed in these oil pits were

recovered by established field methods and submitted to the National Fish and Wildlife Service

Forensic Laboratory in Ashland, Oregon, for identification purposes following strict line of

evidence procedures. Subsequent target letters were issued to the offending parties (i.e., lease

holder, operator, etc.) via certified mail providing potential violations, recommended compliance

measures, and compliance schedules. Citations, fines and other actions were levied as

appropriate.

RESULTS AND DISCUSSION

In 2005, a total of 427 sites were inspected during 7 details conducted in 22 counties in Texas

and Oklahoma. A total of 202 dead birds were recovered from these sites resulting in the

issuance of 46 violation notices with fines amounting to $69,400.00.

In 2006, a total of 671 sites were inspected during 6 details conducted in numerous counties

throughout Texas and Oklahoma. Of these, 304 sites were non-compliant. A total of 254 birds

were recovered of which, 203 were listed as being migratory birds as defined by 50 CFR part 10.

The recovery of the 203 migratory birds resulted in the issuance of 45 federal violation notices

with fines amounting to $84,325.00.

In 2007, 710 sites were inspected in Texas, New Mexico and Oklahoma during 11 details. Of

these sites, 185 were determined to be non-compliant. A total of 166 migratory birds were

recovered resulting in the issuance of 61 federal violation notices with fines amounting to

$82,500.00.

In 2008, 264 sites were inspected in Texas, New Mexico and Oklahoma during 6 inspection

details. A total of 23 birds were recovered resulting in 19 federal violation notices with fines

totaling $23,575.00.

Over the course of the four year investigation, a total of 2,072 sites were inspected during 30

details. Six hundred and sixty five birds (665) were recovered during this period with 590 of

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those birds recovered identified as migratory. Approximately $259,800 in fines were collected

from the oil companies that were found to be in violation of the MBTA.

The final report for this investigation was due in 2009. However, ongoing litigation for this

investigation prevented a timely complete and accurate report until all court action was

completed. An extension was provided for this report until all court actions were completed,

which occurred in 2011.

REFERENCES

Esmoil, Brent J. 1991. Wildlife Mortality associated with Oil Pits in Wyoming. Masters Thesis

for the University of Wyoming.

Flickinger, Edward L. and Christine M. Bunck. 1987. Number of Oil-killed Birds and Fate of

Bird Carcasses at Crude Oil Pits in Texas. The Southwestern Naturalist 32(3):377-381.

Flickinger, Edward L. 1981. Wildlife Mortality at Petroleum Pits in Texas. Journal of Wildlife

Management 45(2):1981

Grover, Lee V. and E.L. Flickinger. 1983. The Reduction of Wildlife Mortality in the Sump

Pits of Southeast New Mexico. Bureau of Land management document, Prepared July 1983.

Hubert, James J. 1990. “It’s the Pits” or “The Fatal Attraction,” A Briefing of Migratory Bird

Losses in the Oil Fields. USFWS Briefing, October 1990.

Lee, Robert C. 1990. Bird Kills in Contained Oil: A Biopolitical/Enforcement Strategy.

Proceeding of the Annual Conference, Southeast Association of Fish and Wildlife Agencies.

44:444-447.

Mowad, Gary and Ron Lillich. 1997. EPA/FWS Lead Collaborative Effort to Clean Up

Problem Oil Pits in Colorado, Montana, and Wyoming. Rocky Mountain Oil and Gas

Symposium, fall 1997.

PERSONAL COMMUNICATIONS

Giggleman, C. 2011. U.S. Fish and Wildlife Service. (361) 994-9005.

Karabanoff, T. 2011. U.S. Fish and Wildlife Service. (817) 334-5202

Trail, P. 2004. U.S. Fish and Wildlife Service Forensic Laboratory. (541) 482-4191.