While Northern Long-eared Bat listing went into effect earlier this month, the real question people are asking is “what does the 4(d) rule mean for me?”  As part of the Endangered Species Act, the U.S. Fish and Wildlife Service is authorized under Section 4(d) to issue regulations to conserve threatened species.  In the case of the Northern Long-eared Bat, the USFWS issued an interim 4(d) rule that is open for public comment until July 1st.  This 4(d) rule is important because it directly impacts land management activities in every state east of Kansas, with the exemption of Florida.  The primary results from this rule is that the USFWS will limit tree clearing activities during summer months.  However, this rule does provide exemptions for specific activities that result in incidental impacts to the bat (see N.LEB Private Guidance attachment).  Specifically, activities including forest management practices, maintenance and limited expansion of transportation and utility rights-of-way, prairie habitat management, and limited tree removal projects may qualify for reduced activity limitations.

When applying for one of these exemptions with USFWS, it is important to know where Northern Long-eared Bat have been identified in the past.  In Kentucky, the USFWS has map of known Northern Long-eared Bat habitat which identifies much of Eastern Kentucky as known habitat (see N.Long Eared KY Map Nov.2014 attachment).  Also, some states like Kentucky, require project proponents to pay into a conservation fund to mitigate habitat impacts.  Since USFWS offices in many states take different approaches to managing project proposals, and each project has many nuances to consider, it is important to identify potential regulatory requirements and timeframes early in the planning process.  If you have any questions about how your project may be affected by this listing and the 4(d) rule, you can contact me at josiahf@smithmanage.com.