By: Andrew Der, CEP
Rare, threatened, or endangered (RTE) bat species have been the subject of numerous and sometimes nebulous criteria for years regarding regulatory approvals and permits for construction activity in and around potential bat habitats. In October, we published a blog examining how acoustic monitoring surveys can be used to gain valuable insights on bat populations and behaviors. Read it here for more background.
Recently, the US Fish and Wildlife Service (USFWS) released updated Consultation Guidance regarding the federally endangered Northern Long-Eared Bat (NLEB) – and now also the proposed Tricolored Bat (TCB) – superseding any previous or interim guidance. The specific date for officially listing the TCB under the Endangered Species Act is a bit unclear.
These kinds of environmental review processes are commonly triggered by proposed construction projects in and near trees and forests that can have impacts on waters and wetlands, requiring a joint federal/state permit. They can also be pulled procedurally into a process by other means, such as NEPA. The newly released Consultation Guidance is aimed toward development/infrastructure projects and actions that may cause impacts to suitable habitats for the NLEB and TCB. These include, but are not limited to, trees in forested or wooded areas, caves, abandoned mines/tunnels, and most recently noted, some culverts and bridges that may have the potential to be bat habitats. Projects involving wind turbine operation or sustainable forestry have their own specific guidance.
These new determination criteria may also warrant running an Information for Planning and Consultation (IPaC) screening over again for any projects already underway. In general, such concerns would be applicable in the proximity of wooded habitats resulting in time-of-year (TOY) restrictions for any impacts to trees in their proximity.
For more details go to the USFWS portal for Final Consultation Guidance for Development Projects: https://www.fws.gov/media/final-consultation-guidance-development-projects