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Northern Long-Eared Bat Endangered, Final Rule in Effect
Senior Natural Resources Team Lead
Drew Carson
Drew is one of SWCA’s Midwest lead project managers specializing in renewable energy projects and Endangered Species Act compliance. He is a federally permitted bat biologist with 16 seasons of field survey experience.
Principal Project Management Team Lead
Kely Wabnitz
Kely Wabnitz is a biologist and principal project management team lead specializing in complex permitting issues, is an Endangered Species Act (ESA) regulatory practitioner, and has worked throughout the country, specifically the Midwest and Great Plains, for more than two decades. Kely has outstanding experience in ESA compliance and National Environmental Policy Act (NEPA) review documentation, a thorough knowledge of the biology and conservation of listed species in the Midwest, and extensive experience assisting clients with regulatory issues throughout the country. She routinely manages challenging compliance and permitting issues related to large-scale, regional, and multistate development projects. Kely has robust experience navigating related discussions, coordination, and consultations with the U.S. Fish and Wildlife Service (USFWS), specifically in Regions 2, 3, 5, and 6, and with state public siting commissions and natural resources agencies. She has worked with clients throughout the United States and has supported the successful acquisition of state and local siting permits through development of statutorily complete applications, preparation of written testimony requiring subject matter expertise, and support during public hearings.
Written By
Drew Carson
Senior Natural Resources Team Lead
Kely Wabnitz
Principal Project Management Team Lead
Posted
March 31, 2023
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As of March 31, 2023, the final rule to reclassify the northern long-eared bat (Myotis septentrionalis; NLEB) as endangered is in effect. The USFWS recently released several northern long-eared bat consultation tools for project proponents, summarized broadly as follows:
- 2023 Rangewide Indiana and Northern Long-eared Bat Survey Guidelines, including preliminary guidance on tricolored bat. The rangewide mist-netting level of survey effort is reduced from 2022 levels for both Indiana and northern long-eared bats; a longer survey window for NLEBs in their non-seasonal range (March 1 – November 15) is introduced, which is also applicable to tricolored bats in certain areas; and multiple, situation-dependent methods of analyses are specified
- Interim Consultation Framework: Projects with completion dates prior to April 1, 2024 that were previously in compliance with 4(d) rule can still use 4(d) rule. Designed to facilitate the transition from 4(d) to endangered. Includes a step-wise process for assessing NLEB risk
- Rangewide Determination Key: Set of structured questions available through IPaC. Can be used to achieve concurrence in certain situations; not applicable to all projects (e.g., wind development is excluded)
- Interim Wind Guidance and Technical Assistance Letter Template: Wind energy facilities are no longer exempt from incidental take of NLEB. Provides voluntary conservation measures for operation and monitoring at wind facilities (new or existing) in a manner where take is not reasonably expected to occur. Describes siting and curtailment strategies, and a recommendation for cut-in speeds during migration
- Interim Forestry Modification Guidance: Provides voluntary conservation measures to private forest landowners assessing risk to bats; outlines options to evaluate NLEB presence/absence, avoidance and minimization measures, and guidance on when to consult with the USFWS
- Updated Species Range Map: Large cut-outs in western portion of range, based on habitat modeling
These documents are available at: Northern Long-eared Bat (Myotis septentrionalis) | U.S. Fish & Wildlife Service (fws.gov).
SWCA CAN HELP
Please contact our bat experts to discuss what this new guidance might mean for your projects. Our robust field survey capability, bat technical expertise, and extensive regulatory compliance experience ensure we deliver Sound Science and Creative Solutions.