FWS Proposes Uplisting Northern Long Eared Bat To Endangered Status

Responding to reports of steep population declines
FWS is an incurable fungal disease known as white-nose syndrome.
2015: The northern long-eared bat was listed as a threatened species.
Recognizing that the disease was a lone threat to the population
FWS issued a “4(d),” which was specific to the species.
rule” that excluded most of the development activities from the
Further, the ESA prohibits taking listed species.
By issuing a Regulatory Notice, the government has softened the impact on the regulated community.
Programmatic biological opinion streamlines Section 7.
Consultations for activities that need a federal permit
Authorization within the northern-long-eared bat’s wide
FWS made the wrong decision and environmental groups challenged it.
This led to a federal court ordering that the Service reevaluate the matter.
The November 30th deadline is set for the final decision on the status of species and for the issue of a final decision.
2022. FWS now proposes to list
The threat to the northern long-eared bat is largely due
Continued white-nose syndrome effects.
The listing decision would likely be in effect by the close of the
year.

What the Northern Long-Eared Bat Endangered Listing means for
Your Projects

Northern long-eared bats can be difficult to find because they are so hardy
In much of the country, you can roost on trees larger than 3 inches in size.
The country, they can be hard to avoid.
Listing would eliminate the 4(d), rule and the flexibility.
This increases the risk of cutting the wrong tree.
result in an ESA violation.
Proposed proposal would also eliminate programmatic biological opinions
Its streamlining benefits are a great benefit
Consultation. Project developers should be prepared for
Section 7 consultations are more extensive and, in the absence thereof, negative
For more information on species surveys, please visit the following link
Many FWS offer a variety of formal, time-consuming and resource-intensive options.
Already, field offices are already buckled under the strain of reviewing so
Many projects are available for bat and other impact, including in implementing
These additional listings are included in the 2021 Bipartisan Infrastructure Law.
They will cause even more backlogs, particularly when they are combined with other factors.
Service makes new listing determinations for two other bats that have even
There are also the tricolored-bat (2022 proposition) and the
Little brown bat (2023 suggestion).

How to protect your investments and plans

A northern long-eared bat could be listed as endangered, but it is not likely to be.
There are important steps to take to ensure that projects are not halted for many years.
The short- and medium-term options for a regulated community are available to them.
To minimize the impact, these actions are:

• Commenting on FWS’s listing proposal to encourage
  Service to consider and base its final determination on the best
  Data available and ESA requirements. These efforts could prove to be very helpful.
  Support FWS in moving from an endangered list proposal to a
  Threatened listing decision with a 4 (d) rule, similar to what FWS does
  In 2015, the final proposal was made. A public hearing is scheduled.
  April 7, and comments are due May 23,
• Participation in the habitat conservation planning process
  FWS’s Northeast is currently covered by Section 10 of ESA.
  Regional Office is currently developing a general conservation plan
  This would allow for qualified residential development projects.
  Incidental coverage for the Indiana bat or northern
  long-eared bat. Although this effort has likely been delayed by the
  New endangered listing proposal, interested parties should anticipate
  FWS will issue the draft in the near future for public review. The
  The Northeast Region has also been looking at similar plans
  This would include traditional and commercial development activities.
  and renewable energy projects, but the timing und potential scope
  These are less certain. FWS has not yet
  Industry stakeholders were consulted or collaborated with.
  It is important to ensure that the plans proposed are feasible. As a result,
  Interested parties should take an active part and submit comments
  FWS gives you the opportunity to do this.
• Proactive project planning to reduce northern long-eared bat impacts
  This includes avoiding northern long-eared bat resources.
  Assisting with mitigation solutions that are efficient as possible.

The potential for project development to be slowed down across the country is a concern
country and establish precedent for future listing actions.
This is not a listing based on the litigation history for this species.
Beveridge & Diamond will continue to serve you.
We will keep an eye on developments so that you are notified as soon as possible
Information becomes available about the northern long-eared bat
FWS’s general information, including the listing decision and future bat listings
Conservation plans.