Today, the US Fish and Wildlife Service announced a long awaited decision in which they listed the northern long-eared bat as “threatened.” They did so with an interim 4(d) rule under the Endangered Species Act. This announcement comes after the USFWS downgraded their proposed listing from “endangered” to “threatened” in January (see http://www.smithmanage.com/wp/2015/01/26/usfws-alters-course-on-bat-listing/). While the difference in terminology may appear slight, it is an important example of public and agency interaction in rule making.
As a result of this public involvement, the interim 4(d) rule provides exemptions for “forest management practices, maintenance and limited expansion of transportation and utility rights-of-way, removal of trees and brush to maintain prairie habitat, and limited tree-removal projects.” This interim 4(d) rule also exempts “removal of hazardous trees, removal of northern long-eared bats from human dwellings, and research-related activities” (http://www.fws.gov/midwest/news/778.html).
While the Service’s “threatened” listing is final as of May 4th, the exemptions under the 4(d) rule will be open for public comment until July 1st. If you have any questions about the ruling and how it impacts your project, contact me at josiahf@smithmanage.com.