[OHIOBWG] FW: [nebwg-l] NLEB proposed 4d rule

Fri Jan 16 11:28:59 EST 2015

All – information from USFWS on proposed 4(d) rule regarding Northern long-eared bats.

[The Ohio State University]
Marne A. Titchenell

Wildlife Program Specialist

Ohio State University Extension
School of Environment and Natural Resources

210 Kottman Hall, 2021 Coffey Rd, Columbus, OH 43210

614-292-0402  Office
titchenell.4 at osu.edu<mailto:titchenell.4 at osu.edu>

woodlandstewards.osu.edu<http://woodlandstewards.osu.edu>

From: Niver, Robyn [mailto:robyn_niver at fws.gov]
Sent: Thursday, January 15, 2015 12:04 PM
To: Northeast Bat Working Group
Subject: [nebwg-l] NLEB proposed 4d rule

Dear NEBWGers:

The U.S. Fish and Wildlife Service is proposing a 4(d) rule under the Endangered Species Act (ESA) for the northern long-eared bat (Myotis septentrionalis), a species we are considering for protection under the ESA. We are also reopening the comment period on our proposal to list the northern long-eared bat as endangered.

We have not yet made a final decision on whether to list the bat under the ESA.  This decision is due April 2, 2015.

The Service is currently considering options that include listing the bat as endangered, listing as threatened, listing as threatened with a 4(d) rule, and withdrawing the proposal to list. Because one of the options the Service is considering is listing the bat as threatened with a 4(d) rule, we have developed a proposed 4(d) rule and are seeking public comment. We are beginning the proposed 4(d) rule process now so if the northern long-eared bat is listed as threatened with a 4(d) rule, we can implement that rule concurrent with the final listing determination.

For species listed as threatened, the Service may issue a 4(d) rule to provide protections that are deemed necessary and advisable for conservation of the species. Such a rule ensures private landowners and citizens are not unduly burdened by regulations that do not further the conservation of the species and are exempted from take prohibitions when conducting activities that actively benefit the species.

For areas of the country affected by white-nose syndrome, the measures provided in the proposed 4(d) rule exempt take from 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, provided these activities protect known maternity roosts and hibernacula.  The proposed 4(d) rule also exempts take as a result of removal of hazardous trees, removal of northern long-eared bats from human dwellings, and research-related activities.

In parts of the country not affected by white-nose syndrome, the proposed rule recognizes activities that result in incidental take of bats are not imperiling the species and will be exempt from the act’s protections.

We are seeking public comment on the proposed 4(d) rule, and we are reopening the comment period on our proposal to list the northern long-eared bat. Comments will be accepted through March 17, 2015. As with other ESA listing proposals, this proposed 4(d) rule will be peer-reviewed.

Starting January 16, 2015, you may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter Docket No. FWS–R5–ES–2011–0024. You may submit a comment by clicking on “Comment Now!'' Please ensure that you have found the correct rulemaking before submitting your comment.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R5–ES–2011–0024; Division of Policy and Directives Management; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike, Falls Church, Va. 22041-3803.

All comments will be posted on http://www.regulations.gov<http://www.regulations.gov/>. This generally means we will post any personal information you provide us. If you previously submitted comments or information on the October 2013 proposed rule to list the northern long-eared bat, please do not resubmit them. We have incorporated them into the public record, and we will consider them fully in our final determination.

For more information on the proposal to list the northern long-eared bat, the proposed 4(d) rule and the public comment period, please go to http://www.fws.gov/midwest/endangered/mammals/nlba.

For more information about white-nose syndrome visit www.whitenosesyndrome.org<http://www.whitenosesyndrome.org>.
If you have questions or wish to discuss this document, please contact me.

Note: please try to get your comments in as early as possible given the extremely short timeframe between March 17-April 2 to finalize a rule if we end up listing the NLEB as threatened and including a 4d rule.  Again, looking forward to talking next week.

Robyn
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********************************************************************
Robyn A. Niver
Endangered Species Biologist
USFWS
New York Field Office
Cortland, NY  13045
607-753-9334

"Let us have faith that right makes might, and in that faith, let us to the end, dare to do our duty as we understand it." - Abraham Lincoln

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