Northern Long-Eared Bat Guidance and Tools Released

On November 29, 2022, the U.S. Fish and Wildlife Service published a final rule in the Federal Register to reclassify the northern long-eared bat from threatened to endangered, nullifying the existing 4(d) rule. The implementation of the final rule was delayed to March 31, 2023, as USFWS continued the development of guidance and tools to help stakeholders transition to the reclassification. These products are now available and include an interim Section 7 framework, a determination key, interim guidance for wind energy operations, and interim guidance for forest habitat modification.

The guidance and tools are now available to the public to familiarize themselves with them and use them before the final rule takes effect on March 31, 2023. Projects subject to section 7 consultation under the ESA can be screened through the determination key, effective today, and formal consultation, if necessary, can begin through the Interim Consultation Framework. The interim Section 7 consultation framework for projects with a federal nexus only require compliance with measures in the 4(d) rule (now nullified) for northern long-eared bat.

The interim wind guidance, interim habitat modification guidance and interim Section 7 framework will be in place until April 1, 2024. USFWS expects to work on final tools and guidance over the next year.

Full details on the determination key, interim habitat modification guidance, interim wind guidance and interim Section 7 guidance are available on the Northern Long-eared Bat website.

Please contact Sumalee Hoskin or Rachel Case for more information.