Regulatory Alert: USFWS Approves Fort Berthold Indian Reservation PBA

U.S. Fish and Wildlife Service Approves Addendum to the Fort Berthold Indian Reservation Programmatic Biological Assessment

On August 20, 2021, the U.S. Fish and Wildlife Service (USFWS) approved a second addendum to the Fort Berthold Indian Reservation (FBIR) Programmatic Biological Assessment (PBA). The second addendum was necessitated by changes made to the assessment of the Dakota skipper, northern long-eared bat, eagles, and migratory birds. There were no changes to the mitigation measures or agency guidance for the pallid sturgeon, piping plover and its critical habitat, rufa red knot, or whooping crane.

WHAT DOES THIS MEAN FOR YOU?

Field assessment protocols for Dakota skipper and northern long-eared bat have been updated, including a 480-foot survey buffer for the Dakota skipper and revision of the woody vegetation definition for potential northern long-eared bat roost habitat. An updated PBA checklist is also included in the addendum. Additionally, updated minimization, avoidance, and mitigation measures have been included for Dakota skipper, northern long-eared bat, eagles, and migratory birds.

The FBIR PBA will continue to provide streamlined assessment of endangered species impacts and consultation with the Bureau of Indian Affairs and USFWS. Any project for which field efforts and assessments were completed prior to the USFWS approval of the second addendum can follow the previous PBA requirements.

CONTACT US

Our project managers and regulatory specialists can help you understand how the PBA addendum will affect your project and what actions to take next if you have projects proposed or currently in progress on the FBIR. For questions, contact:

• Griffin Bachhuber, Natural Resources Team Lead
• Jake Powell, Principal Ecologist