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USFWS Reclassifies Northern Long-Eared Bat as Endangered, Final Rule in Effect

Rules in Motion

Current State Effective: 3/31/2023
Pre-Rule / Introduced
Proposed / In Progress
Pending Final Action
Final / Enacted
Effective / Active

What Happened

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…

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