Endangered listing for bat delayed

The U.S. Fish and Wildlife Service (FWS) has delayed the effective date of its decision to upgrade the classification status of the northern long-eared bat to “endangered”.

According to U.S. Senator Cynthia Lummis, FWS announced it would postpone the original January 30 implementation date after receiving a letter from a group of senators, including Lummis as Senate Western Caucus Chair. The letter expressed concern over the potential impact of the listing on infrastructure projects across the United States.

FWS confirmed the delay in a press release on Wednesday, stating that it will be extending the date by 60 days to March 31.

The upgraded classification to endangered species is in response to the continued spread of white-nose syndrome, a fungal pathogen that invades a bat’s skin and causes it to arouse more often and for longer during the hibernation period, depleting the fat reserves needed to survive through the winter.

White-nose syndrome is believed to have caused a population decline of between 97 and 100% across 79% of the bat’s range. The disease was the driving factor behind the bat’s listing as “threatened” in 2015.

In Wyoming, Crook County is one of five to which the bat is believed to be native, alongside Campbell, Niobrara, Sheridan and Weston.

Lummis Intervenes

The letter from Lummis and Senator Shelley Moore (R-WV), ranking member of the Environment and Public Works Committee, as well as 11 additional senators, pointed out that the original rule from 2015 focused in on, “Prohibitions deemed necessary and advisable to provide for the conservation of the threatened species, instead of applying blanket prohibitions that obstruct economic growth and development.”

The letter expresses concern that the 2015 rule will be invalidated, which in turn will leave “countless infrastructure project consultations in limbo”.

According to the letter from the senators, implementing the Infrastructure Investment and Jobs Act (IIJA) will mean that many infrastructure projects will require federal agencies and project sponsors to consult with FWS on potential impacts to the bat and its habitat, “even though these projects and developments have little contributing impact to the decline of the species, and most mitigation measures will do little to nothing to combat [white-nose syndrome].”

The letter further points out that the FWS itself has admitted there are currently, “no proven measures to reduce the severity” of the disease.

“We continue to hear from states and stakeholders that the Service has an increasing back log of consultations that are delaying authorizations and progress on new infrastructure projects,” states the letter.

“We are deeply concerned that the up-listing of the [northern long-eared bat], when combined with the current back logs, will impede the historic investment Congress made in the IIJA if flexibility and efficiency are not addressed by the Service prior to the final rule going into effect on January 30.”

The letter also suggests that the up-listing of the bat is an example of the need for reforms to the Endangered Species Act.

“While Congress intended the act to protect and recover at-risk species, the lack of flexibility in the act, particularly when the limitations it places on activity and take, will do little to address the primary contributor to the species’ decline [white-nose syndrome] and shows the need for reforms,” states the letter.

“We believe it is time we have a discussion on ways we can update the statute to address situations like the current one we face, as well as find innovative ways to recover and protect species while providing timely project consultations.”

Listing Upgrade

The FWS announced its final rule regarding the status of the northern long-eared bat in the Federal Register on November 30, 2022.

A species warrants listing if it is in danger of extinction throughout all or a significant portion of its range, or is a threatened species likely to become endangered within the foreseeable future.

The northern long-eared bat is found in 37 states within the U.S. as well as the District of Columbia and eight Canadian provinces. It typically overwinters in caves or mines and spends the rest of the year in forested habitats.

According to the FWS, white-nose syndrome has been the foremost stressor on the bat for over a decade and there is no known mitigation or treatment strategy.

Local Presence

When the FWS initially proposed listing the northern long-eared bat as threatened or endangered back in 2014, FWS biologist Julie Reeves informed the county commissioners that no hibernacula had been identified in Wyoming and the FWS did not have the staff or funding to go out and find them.

At that time, Wyoming was considered a data gap.

As recently as 2019, annual testing for white-nose syndrome found no trace of the disease in Crook County.

FWS biologist Julie Reeves addressed the county commissioners in May, 2014, explaining that, if the bat is listed as endangered, it would be covered by all the protections of the Endangered Species Act. It must be considered a priority during all land use planning and its habitat must not be modified or degraded in a way that results in direct injury or death to the animals.

Federal agencies will also need to consult with the USFWS to ensure their actions will not jeopardize the bat’s survival and evaluate all their projects accordingly. This could impact day-to-day operations in the county, for example by affecting when and how Weed & Pest may spray for mosquitoes or how the U.S. Forest Service plans its logging projects.

On private land, the landowner is responsible for any take of the animal. There is no requirement to come to the USFW when planning a project, though FWS representatives have said that it’s advisable to do so.

Local officials spoke out against the bat being listed as endangered when the only local public hearing in the nation was held in Crook County at the end of 2014 at the request of the county commissioners.

The meeting attracted attention from across the Black Hills, with officials and members of the community expressing concern over the impacts of listing the bat and whether protecting its territory will have a positive effect on a problem that’s caused by disease.

Arguments against the listing included the potential negative impact that doing so would have on the timber industry, particularly if management restrictions are limited, and the economic impact on such industries as agriculture and mining.

Delay Announcement

The FWS announced last week that it will extend the effective date of the endangered listing to allow the Service to finalize its tools and guidance. This, in turn, is intended to “avoid confusion and disruption for landowners, federal partners and industry with projects occurring in suitable habitats within the northern long-eared bat’s 37-state range”.

“The Service remains committed to working proactively with stakeholders to conserve and recover northern long-eared bats while reducing impacts to landowners, where possible and practicable,” states the press release.

“We recognize reclassification of the northern long-eared bat has resulted in questions and concerns regarding compliance under the ESA for timber harvest, habitat management, development and other projects. A delay in the effective date provides stakeholders time to preview newly developed guidance and management tools before the rule goes into effect.”

Lummis expressed hope in her announcement that the listing can still be prevented.

“Critical infrastructure projects in Wyoming shouldn’t be delayed by burdensome regulations created under the Endangered Species Act, especially when these projects have minimal impact on this species of bat and its habitat,” she said in a press release.

“This delay in reclassification is a step in the right direction, and I’m hopeful the U.S. Fish and Wildlife Service will reconsider classifying this bat as an endangered species.”