Proposed Rule2022-06168
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat
Primary source
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Published
March 23, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in all or portions of 37 U.S. States, the District of Columbia, and much of Canada, as an endangered species under the Endangered Species Act of 1973, as amended (Act). The northern long- eared bat is currently listed as a threatened species with an accompanying rule issued under section 4(d) of the Act ("4(d) rule"). This document complies with a court order, which requires the Service to make a new listing decision for the northern long-eared bat. After a review of the best available scientific and commercial information, we find that the northern long-eared bat meets the Act's definition of an endangered species. Accordingly, we propose to list the northern long- eared bat as an endangered species under the Act. If we finalize this rule as proposed, it would reclassify this species as an endangered species on the List of Endangered and Threatened Wildlife and remove its species-specific 4(d) rule. Additionally, this proposed rule serves as our 5-year review of the species. We also are notifying the public that we have scheduled an informational meeting followed by a public hearing on the proposed rule.
Full Text
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[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Proposed Rules]
[Pages 16442-16452]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06168]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2021-0140; FF09E21000 FXES1111090FEDR 223]
RIN 1018-BG14
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for Northern Long-Eared Bat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
reclassify the northern long-eared bat (Myotis septentrionalis), a bat
species found in all or portions of 37 U.S. States, the District of
Columbia, and much of Canada, as an endangered species under the
Endangered Species Act of 1973, as amended (Act). The northern long-
eared bat is currently listed as a threatened species with an
accompanying rule issued under section 4(d) of the Act (``4(d) rule'').
This document complies with a court order, which requires the Service
to make a new listing decision for the northern long-eared bat. After a
review of the best available scientific and commercial information, we
find that the northern long-eared bat meets the Act's definition of an
endangered species. Accordingly, we propose to list the northern long-
eared bat as an endangered species under the Act. If we finalize this
rule as proposed, it would reclassify this species as an endangered
species on the List of Endangered and Threatened Wildlife and remove
its species-specific 4(d) rule. Additionally, this proposed rule serves
as our 5-year review of the species. We also are notifying the public
that we have scheduled an informational meeting followed by a public
hearing on the proposed rule.
DATES: We will accept comments received or postmarked on or before May
23, 2022. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date.
Public informational meeting and public hearing: We will hold a
public informational meeting from 6:00 p.m. to 7:30 p.m., Central Time,
followed by a public hearing from 7:30 p.m. to 8:30 p.m., Central Time,
on April 7, 2022.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R3-ES-2021-0140.
Then, click on the Search button. On the resulting page, in the panel
on the left side of the screen, under the Document Type heading, check
the Proposed Rule box to locate this document. You may submit a comment
by clicking on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R3-ES-2021-0140, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Public informational meeting and public hearing: The public
informational meeting and the public hearing will be held virtually
using the Zoom platform. See Public Hearing, below, for more
information.
FOR FURTHER INFORMATION CONTACT: Shauna Marquardt, Field Supervisor,
U.S. Fish and Wildlife Service, Minnesota Wisconsin Ecological Services
Field Office, 4101 American Boulevard East, Bloomington, MN 55425;
telephone 952-252-0092. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other governmental agencies, Native
American Tribes, the scientific community, industry, or any other
interested parties concerning this proposed rule.
We particularly seek comments concerning:
(1) The species' biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
[[Page 16443]]
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Factors that may affect the continued existence of the species,
which may include habitat modification or destruction, overutilization,
disease, predation, the inadequacy of existing regulatory mechanisms,
or other natural or manmade factors.
(3) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status, range, distribution, and population size of this species,
including the locations of any additional populations of this species.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or a
threatened species must be made ``solely on the basis of the best
scientific and commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Because we will consider all comments and information we receive
during the comment period, our final determination may differ from this
proposal. Based on the new information we receive (and any comments on
that new information), we may conclude that the species should remain
listed as a threatened species instead of reclassified as an endangered
species, or we may conclude that the species does not warrant listing
as either an endangered species or a threatened species.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. For the immediate future, we will provide these
public hearings using webinars that will be announced on the Service's
website, in addition to the Federal Register. The use of these virtual
public hearings is consistent with our regulations at 50 CFR
424.16(c)(3). See DATES and ADDRESSES for information on a public
hearing that we have scheduled for this rulemaking action.
Previous Federal Actions
On October 2, 2013, we proposed to list the northern long-eared bat
as an endangered species under the Act (78 FR 61046); please refer to
that proposed rule for a detailed description of previous Federal
actions concerning this species.
On January 16, 2015, we proposed to create a 4(d) rule to provide
measures that are necessary and advisable to provide for the
conservation of the northern long-eared bat should we determine the
species warrants listing as a threatened species under the Act (80 FR
2371). That document also reopened the public comment period on the
October 2, 2013, proposed rule for another 60 days, ending on March 17,
2015.
On April 2, 2015, we finalized a rule listing the northern long-
eared bat as a threatened species and established an interim 4(d) rule
for the species (80 FR 17974). We solicited public comment on the
interim 4(d) rule for 90 days, ending on July 1, 2015. On January 14,
2016, we finalized the 4(d) rule for the northern long-eared bat (81 FR
1900). On April 27, 2016, we published a not-prudent determination for
critical habitat (81 FR 24707).
A January 28, 2020, court order requires the Service to make a new
listing decision for the northern long-eared bat (Center for Biological
Diversity v. Everson, 435 F. Supp. 3d. 69 (D.D.C. 2020)). The court
order remanded our April 2, 2015, listing decision (80 FR 17974) but
did not vacate that rule. This document complies with the court order.
Supporting Documents
A species status assessment (SSA) team prepared an SSA report for
the northern long-eared bat (Service 2021, entire). The SSA report
represents a compilation of the best scientific and commercial data
available concerning the status of the species, including the impacts
of past, present, and future factors (both negative and beneficial)
affecting the species. In accordance with our joint policy on peer
review published in the Federal Register on July 1, 1994 (59 FR 34270),
and our August 22, 2016, memorandum updating and clarifying the role of
peer review of listing actions under the Act, we sought the expert
opinions of five species experts regarding the SSA report. We received
responses from three of the five experts. We also sent the SSA report
to approximately 150 State, Federal, Tribal, and other (for example,
nongovernmental organizations) partners with expertise in bat biology
or threats to the species for review. We received reviews from
approximately 35 partners.
Proposed Listing Determination
Background
A thorough review of the taxonomy, life history, and ecology of the
northern long-eared bat is presented in the SSA report (Service 2021,
entire).
The northern long-eared bat is a wide-ranging bat species found in
37 States (Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nebraska, New Hampshire, New Jersey, New York, North Carolina, North
Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina,
South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin,
and Wyoming), the District of Columbia, and 8 Canadian provinces. The
species typically overwinters in caves or mines and spends the
remainder of the year in forested habitats. As its name suggests, the
northern long-eared bat is distinguished by its long ears, particularly
as compared to other bats in its genus, Myotis. The bat is medium to
dark brown on its back, with dark brown ears and wings, and tawny to
pale-brown fur on its ventral side. Its weight ranges from
approximately 5 to 8 grams (0.2 to 0.3 ounces). Female northern long-
eared bats produce a maximum of one pup per year;
[[Page 16444]]
therefore, loss of one pup results in missing one year of recruitment
for a female.
The individual, population-level, and species-level needs of the
northern long-eared bat are summarized below in tables 1-3. For
additional information, please see the SSA report (Service 2021,
chapter 2).
Table 1--The Ecological Requisites for Survival and Reproductive Success of Northern-Long-Eared Bat Individuals
----------------------------------------------------------------------------------------------------------------
Season
Life stage -----------------------------------------------------------------------------------
Spring Summer Fall Winter
----------------------------------------------------------------------------------------------------------------
Pups (non-flying juveniles). ................... Roosting habitat
with suitable
conditions for
lactating females
and for pups to
stay warm and
protected from
predators while
adults are
foraging.
Juveniles................... ................... Other maternity Suitable roosting Habitat with
colony members and foraging suitable
(colony dynamics, habitat near conditions for
thermoregulation), abundant food and prolonged bouts of
and suitable water resources. torpor and
roosting and shortened periods
foraging habitat of arousal.
near abundant food
and water
resources.
All adults.................. Suitable roosting Summer roosts and Suitable roosting Habitat with
and foraging foraging habitat and foraging suitable
habitat near near abundant food habitat near conditions for
abundant food and and water abundant food and prolonged bouts of
water resources, resources. water resources, torpor and
and habitat cave and/or mine shortened periods
connectivity and entrances or other of arousal.
open-air space for similar locations
safe migration (for example,
between winter and culvert, tunnel)
summer habitats. for conspecifics
to swarm and mate,
and habitat
connectivity and
open-air space for
safe migration
between winter and
summer habitats.
Reproductive females........ ................... Other maternity
colony members
(colony dynamics),
a network of
suitable roosts
(i.e., multiple
summer roosts in
close proximity)
near conspecifics,
and foraging
habitat near
abundant food and
water resources.
----------------------------------------------------------------------------------------------------------------
Table 2--Population-Level Requisites for a Healthy Northern Long-Eared
Bat Population
------------------------------------------------------------------------
Parameter Requirements
------------------------------------------------------------------------
Population growth rate, [lgr].......... At a minimum, [lgr] must be >=1
for a population to remain
stable over time.
Population size, N..................... Sufficiently large N to allow
for essential colony dynamics
and to be adequately resilient
to environmental fluctuations.
Winter roosting habitat................ Safe and stable winter roosting
sites with suitable
microclimates.
Migration habitat...................... Safe space to migrate between
spring/fall habitat and winter
roost sites.
Spring and fall roosting, foraging, and A matrix of habitat of
commuting (i.e., traveling between sufficient quality and
habitat types) habitat. quantity to support bats as
they exit hibernation (lowest
body condition) or as they
enter hibernation (need to put
on body fat).
Summer roosting, foraging, and A matrix of habitat of
commuting habitat. sufficient quality and
quantity to support maternity
colonies.
------------------------------------------------------------------------
Table 3--Species-Level Ecology: Requisites for Long-Term Viability
[Ability to maintain self-sustaining populations over a biologically
meaningful timeframe]
------------------------------------------------------------------------
Requisites for
3 Rs long-term Description
viability
------------------------------------------------------------------------
Resiliency (populations able Healthy Self-sustaining
to withstand stochastic populations populations are
events). across a demographically,
diversity of genetically, and
environmental physiologically
conditions. robust, and have
enough suitable
habitat.
Redundancy (number and Multiple and Sufficient number and
distribution of populations sufficient distribution of
to withstand catastrophic distribution of populations to guard
events). populations against population
within areas of losses.
unique variation
(representation
units).
Representation (genetic and Maintain adaptive Populations
ecological diversity to diversity of the maintained across a
maintain adaptive potential). species. range of behavioral,
physiological,
ecological, and
environmental
diversity.
Maintain Maintain evolutionary
evolutionary drivers--gene flow,
processes. natural selection--
to mimic historical
patterns.
------------------------------------------------------------------------
[[Page 16445]]
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species is an endangered species or a threatened species. The
Act defines an ``endangered species'' as a species that is in danger of
extinction throughout all or a significant portion of its range, and a
``threatened species'' as a species that is likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range. The Act requires that we determine
whether any species is an endangered species or a threatened species
because of any of the following factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the expected response by the species,
and the effects of the threats--in light of those actions and
conditions that will ameliorate the threats--on an individual,
population, and species level. We evaluate each threat and its expected
effects on the species, then analyze the cumulative effect of all of
the threats on the species as a whole. We also consider the cumulative
effect of the threats in light of those actions and conditions that
will have positive effects on the species, such as any existing
regulatory mechanisms or conservation efforts. The Secretary determines
whether the species meets the definition of an ``endangered species''
or a ``threatened species'' only after conducting this cumulative
analysis and describing the expected effect on the species now and in
the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
``foreseeable future'' extends only so far into the future as the
Service can reasonably determine that both the future threats and the
species' responses to those threats are likely. In other words, the
foreseeable future is the period of time in which we can make reliable
predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the northern long-eared bat, including an assessment of
the potential threats to the species. The SSA report does not represent
a decision by the Service on whether the species should be proposed for
listing as an endangered or threatened species under the Act. However,
it does provide the scientific basis that informs our regulatory
decisions, which involve the further application of standards within
the Act and its implementing regulations and policies. The following is
a summary of the key results and conclusions from the SSA report; the
full SSA report can be found at Docket No. FWS-R3-ES-2021-0140 on
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
To assess the northern long-eared bat's viability, we used the
three conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency supports the ability of the species to withstand
environmental and demographic stochasticity (for example, wet or dry or
warm or cold years), redundancy supports the ability of the species to
withstand catastrophic events (for example, droughts, large pollution
events), and representation supports the ability of the species to
adapt over time to long-term changes in the environment (for example,
climate changes). In general, the more resilient and redundant a
species is and the more representation it has, the more likely it is to
sustain populations over time, even under changing environmental
conditions. Using these principles, we identified the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels, and described the
beneficial and risk factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical
and current condition of the species' demographics and habitat
characteristics, including an explanation of how the species arrived at
its current condition. The final stage of the SSA involved making
predictions about the species' responses to positive and negative
environmental and anthropogenic influences. Throughout all of these
stages, we used the best available information to characterize
viability as the ability of a species to sustain populations in the
wild over time. We use this information to inform our regulatory
decision.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of the
northern long-eared bat and its resources, and the threats that
influence the species' current and future condition, in order to assess
the species' overall viability and the risks to that viability. For a
full description, see the SSA report (Service 2021, entire).
[[Page 16446]]
Although there are other stressors affecting the northern long-
eared bat, the primary factor influencing its viability is white-nose
syndrome (WNS), a disease of bats caused by a fungal pathogen. Some of
the other factors that influence the northern long-eared bat's
viability (though to a far lesser extent than the influence of WNS)
include wind energy mortality, effects from climate change, and habitat
loss. These stressors and their effects to the northern long-eared bat
are summarized below:
<bullet> WNS has been the foremost stressor on the northern long-
eared bat for more than a decade. The fungus that causes the disease,
Pseudogymnoascus destructans (Pd), invades the skin of bats. Infection
leads to increases in the frequency and duration of arousals during
hibernation and eventual depletion of fat reserves needed to survive
winter, and results in mortality. Since its discovery in New York in
2006, Pd has been confirmed (or presumed) in 37 States and 7 Canadian
provinces. There is no known mitigation or treatment strategy to slow
the spread of Pd or to treat WNS in bats. WNS has caused estimated
northern long-eared bat population declines of 97-100 percent across 79
percent of the species' range.
<bullet> Wind energy-related mortality of the northern long-eared
bat is a stressor at local and regional levels, where northern long-
eared bat populations have been impacted by WNS. In 2020, northern
long-eared bats were at risk from wind mortality in approximately 49
percent of their range, based on the areas where wind turbines were in
place and operating (using known northern long-eared bat occurrences,
average migration distance, and the spatial distribution of wind
turbines) (Service 2021, p. iv). Most bat mortality at wind energy
projects is caused by direct collisions with moving turbine blades.
<bullet> Climate change variables, such as changes in temperature
and precipitation, may influence the northern long-eared bat's resource
needs, such as suitable roosting habitat for all seasons, foraging
habitat, and prey availability. Although a changing climate may provide
some benefit to the northern long-eared bat, overall negative impacts
are anticipated, especially at local levels.
<bullet> Habitat loss (including but not limited to forest
conversion or hibernacula disturbance or destruction) may include loss
of suitable roosting or foraging habitat, resulting in longer flights
between suitable roosting and foraging habitats due to habitat
fragmentation, fragmentation of maternity colony networks, and direct
injury or mortality. Loss or modification of winter roosts (i.e.,
making hibernaculum no longer suitable) can result in impacts to
individuals or at the population level. However, habitat loss alone is
not considered to be a key stressor at the species level, and habitat
does not appear to be limiting.
In evaluating current conditions of the northern long-eared bat, we
used the best available data. Winter hibernacula counts provide the
most consistent, long-term, reliable trend data and provide the most
direct measure of WNS impacts. We also used summer data in evaluating
population trends, although the availability and quality of summer data
varies temporally and spatially.
Available evidence, including both winter and summer data,
indicates northern long-eared bat abundance has and will continue to
decline substantially under current demographic and stressor
conditions, primarily driven by the effects of WNS. As part of our
assessment of the current condition of northern long-eared bat's
representation, we identified and delineated the variation across the
northern long-eared bat's range into geographical representation units
(RPUs) using the following proxies: Variation in biological traits,
genetic diversity, peripheral populations, habitat niche diversity, and
steep environmental gradients.
Winter abundance (from known hibernacula) has declined rangewide
(49 percent) and declined across all but one RPU (declines range from 0
to 90 percent). The number of extant winter colonies also declined
rangewide (by 81 percent) and across all RPUs (40-88 percent). There
has also been a noticeable shift towards smaller colony sizes, with a
96-100 percent decline in the number of large hibernacula (>=100
individuals) across the RPUs (figure 1.). We created projections
(highest plausible and lowest plausible scenarios) for the species
using its current condition and the current rates of mortality from WNS
effects and wind energy. Rangewide abundance is projected to decline by
95 percent and the spatial extent to decline by 75 percent from
historical conditions by 2030. Declines continue to be driven by the
catastrophic effects of WNS.
[[Page 16447]]
[GRAPHIC] [TIFF OMITTED] TP23MR22.000
Declining trends in abundance and extent of occurrence are also
evident across much of the northern long-eared bat's summer range.
Rangewide occupancy has declined by 80 percent from 2010-2019. Data
collected from mobile acoustic transects found a 79 percent decline in
rangewide relative abundance from 2009-2019, and summer mist-net
captures declined by 43-77 percent (across RPUs) compared to pre-WNS
capture rates.
As discussed above, multiple data types and analyses indicate
downward trends in northern long-eared bat population abundance and
distribution over the last 14 years, and the best available information
indicates that this downward trend will continue. Northern long-eared
bat abundance (winter and summer), number of occupied hibernacula,
spatial extent, and summer habitat occupancy across the range and
within all RPUs are decreasing. Since the occurrence of WNS, northern
long-eared bat abundance has steeply declined, leaving populations with
small numbers of individuals. At these low population sizes, colonies
are vulnerable to extirpation from stochastic events and the
deleterious effects of reduced population sizes such as limiting
natural selection processes and decreased genetic diversity.
Furthermore, small populations generally cannot rescue one another from
such a depressed state because of the northern long-eared bat's low
reproduction output (one pup per year) and its high philopatry (tending
to return to a particular area). These inherent life-history traits
limit the ability of populations to recover from low abundances.
Consequently, effects of small population sizes exacerbate the effects
of current and future declines due to continued exposure to WNS,
mortality from wind turbines, and impacts associated with habitat loss
and climate change.
Therefore, northern long-eared bat's resiliency is greatly
compromised in its current condition. Because northern long-eared bat's
abundance and spatial extent have so dramatically declined, it has also
become more vulnerable to catastrophic events. In other words, its
redundancy has also declined dramatically. The steep and continued
declines in abundance have likely led to reductions in genetic
diversity, and thereby reduced northern long-eared bat adaptive
capacity, and a decline in the species' overall representation.
Moreover, at its current low abundance, loss of genetic diversity will
likely accelerate. Consequently, limited natural selection processes
and decreased genetic diversity will further lessen the species'
ability to adapt to novel changes and exacerbate declines due to
continued exposure to WNS, mortality from wind turbines, and impacts
associated with habitat loss and climate change. Thus, even without
further WNS spread and additional wind energy development (northern
long-eared bat's current condition), its viability is likely to
continue to rapidly decline over the next 10 years.
Future Condition
As part of the SSA, we also developed two future condition
scenarios to capture the range of uncertainties regarding future
threats and the projected responses by the northern long-eared bat. Our
scenarios included a plausible highest impact scenario and a plausible
lowest impact scenario for each primary threat. Because we determined
that the current condition of the northern long-eared bat is consistent
with an endangered species (see Determination of Species Status,
below), we are not presenting the results of the future scenarios in
this proposed rule. Please refer to the SSA report (Service 2021) for
the full analysis of future scenarios.
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have not
only analyzed individual effects on the species, but we have also
analyzed their potential cumulative effects. We incorporate the
cumulative effects into our SSA analysis when we characterize the
current and future condition of the species. To assess the current and
future condition of the species, we undertake an iterative analysis
that encompasses and incorporates the threats individually and then
accumulates and evaluates the effects of all the factors
[[Page 16448]]
that may be influencing the species, including threats and conservation
efforts. Because the SSA framework considers not just the presence of
the factors, but to what degree they collectively influence risk to the
entire species, our assessment integrates the cumulative effects of the
factors and replaces a standalone cumulative effects analysis.
Conservation Efforts and Regulatory Mechanisms
Below is a brief description of conservation measures and
regulatory mechanisms currently in place. Please see the SSA report for
a more detailed description (Service 2021, Appendix 4).
Multiple national and international efforts are underway in an
attempt to reduce the impacts of WNS. Despite these efforts, there are
no proven measures to reduce the severity of impacts of WNS. More than
100 State and Federal agencies, Tribes, organizations, and institutions
are engaged in this collaborative work to combat WNS and conserve
affected bats. Partners from all 37 States in the northern long-eared
bat's range, Canada, and Mexico are engaged in collaborations to
conduct disease surveillance, population monitoring, and management
actions in preparation for or response to WNS.
To reduce bat fatalities, some wind facilities ``feather'' turbine
blades (i.e., pitch turbine blades parallel with the prevailing wind
direction to slow rotation speeds) at low wind speeds at times when
bats are more likely to be present. The wind speed at which the turbine
blades begin to generate electricity is known as the ``cut-in speed,''
and this can be set at the manufacturer's recommended speed or at a
higher threshold, typically referred to as curtailment. The
effectiveness of feathering below various cut-in speeds differs among
sites and years (Arnett et al. 2013, entire; Berthinussen et al. 2021,
pp. 94-106); nonetheless, most studies have shown all-bat (based on
dead bats detected from all bat species) fatality reductions of greater
than 50 percent associated with raising cut-in speeds by 1.0-3.0 meters
per second (m/s) above the manufacturer's cut-in speed (Arnett et al.
2013, entire; USFWS unpublished data). The effectiveness of curtailment
at reducing fatality rates specifically for the northern long-eared bat
has not been documented.
All States have active forestry programs with a variety of goals
and objectives. Several States have established habitat protection
buffers around known Indiana bat hibernacula that will also serve to
benefit other bat species by maintaining sufficient quality and
quantity of swarming habitat. Some States conduct some of their forest
management activities in the winter within known listed bat home ranges
as a measure that would protect maternity colonies and non-volant (non-
flying) pups during summer months. Depending on the type and timing of
activities, forest management can be beneficial to bat species (for
example, maintaining or increasing suitable roosting and foraging
habitat). Forest management that results in heterogeneous (including
forest type, age, and structural characteristics) habitat may benefit
tree-roosting bat species such as northern long-eared bat (Silvis et
al. 2016, p. 37). Silvicultural practices can meet both male and female
northern long-eared bats' roosting requirements by maintaining large-
diameter snags in early stages of decay, while allowing for
regeneration of forests (Lacki and Schwierjohann 2001, p. 487).
Many State and Federal agencies, conservation organizations, and
land trusts have installed bat-friendly gates to protect important
hibernation sites. All known hibernacula within national grasslands and
forestlands of the Rocky Mountain Region of the U.S. Forest Service
(USFS) are closed during the winter hibernation period, primarily due
to the threat of WNS, although this will reduce disturbance to bats in
general inhabiting these hibernacula (USFS 2013, unpaginated). Because
of concern over the importance of bat roosts, including hibernacula,
the American Society of Mammalogists developed guidelines for
protection of roosts, many of which have been adopted by government
agencies and special interest groups (Sheffield et al. 1992, p. 707).
Also, regulations, such as the Federal Cave Resources Protection Act
(16 U.S.C. 4301 et seq.), protect caves on Federal lands by limiting
access to some caves, thereby reducing disturbance. Finally, many
Indiana bat hibernacula have been gated, and some have been permanently
protected via acquisition or easement, which provides benefits to other
bats that also use the sites, including the northern long-eared bat.
The northern long-eared bat is listed as endangered under Canada's
Species at Risk Act (COSEWIC 2013, entire). In addition, the northern
long-eared bat receives varying degrees of protection through State
laws, which designate the species as endangered in 9 States (Arkansas,
Connecticut, Delaware, Indiana, Maine, Massachusetts, Missouri, New
Hampshire, and Vermont); as threatened in 10 States (Georgia, Illinois,
Louisiana, Maryland, New York, Ohio, Pennsylvania, Tennessee, Virginia,
and Wisconsin); and as a species of special concern in 10 States
(Alabama, Iowa, Michigan, Minnesota, Mississippi, Oklahoma, South
Carolina, South Dakota, West Virginia, and Wyoming).
Determination of Northern Long-Eared Bat Status
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of an endangered species or a
threatened species. The Act defines an ``endangered species'' as a
species in danger of extinction throughout all or a significant portion
of its range, and a ``threatened species'' as a species likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range. The Act requires that we
determine whether a species meets the definition of an endangered
species or a threatened species because of any of the following
factors: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence.
Status Throughout All of Its Range
WNS has been the foremost stressor on the northern long-eared bat
for more than a decade and continues to be currently. The fungus that
causes the disease, Pd, invades the skin of bats and leads to infection
that increases the frequency and duration of arousals during
hibernation that eventually deplete the fat reserves needed to survive
winter and results in mortality. There is no known mitigation or
treatment strategy to slow the spread of Pd or to treat WNS in bats.
WNS has caused estimated northern long-eared bat population declines of
97-100 percent across 79 percent of the species' range (Factor C).
Winter abundance (from known hibernacula) has declined rangewide (49
percent) and declined across all but one RPU (declines range from 0 to
90 percent), and the number of extant winter colonies also declined
rangewide (81 percent) and across all RPUs (40-88 percent). There has
also been a noticeable shift towards smaller colony sizes, with a 96-
100 percent decline in the number of large hibernacula (>=100
individuals). Rangewide summer occupancy has
[[Page 16449]]
declined by 80 percent from 2010-2019. Summer data collected from
mobile acoustic transects found a 79 percent decline in rangewide
relative abundance from 2009-2019, and summer mist-net captures
declined by 43-77 percent (across RPUs) compared to pre-WNS capture
rates. We created projections for the species using its current
condition and the current rates of mortality from WNS effects and wind
energy. Rangewide abundance is projected to decline by 95 percent and
the spatial extent is projected to decline by 75 percent from
historical conditions by 2030.
As a result of these steep population declines, the northern long-
eared bat's resiliency is greatly compromised in its current condition.
Because the northern long-eared bat's abundance and spatial extent
substantially declined, its redundancy has decreased such that northern
long-eared bats are more vulnerable to catastrophic events. The
northern long-eared bat's representation has also been reduced, as the
steep and continued declines in abundance have likely led to reductions
in genetic diversity, and thereby reduced the northern long-eared bat's
adaptive capacity. Further, the projected widespread reduction in the
distribution of occupied hibernacula under current conditions will lead
to losses in the diversity of environments and climatic conditions
occupied, which will impede natural selection and further limit the
northern long-eared bat's ability to adapt to changing environmental
conditions. Moreover, at its current low abundance, loss of genetic
diversity via genetic drift will likely accelerate. Consequently,
limiting natural selection process and decreasing genetic diversity
will further lessen the northern long-eared bat's ability to adapt to
novel changes (currently ongoing as well as future changes) and
exacerbate declines due to continued exposure to WNS and other
stressors. Thus, even without further Pd spread and additional pressure
from other stressors, the northern long-eared bat's viability has
declined substantially and is expected to continue to rapidly decline
over the near term.
Current population trends and status indicate this species is
currently in danger of extinction. The species continues to experience
the catastrophic effects of WNS and the compounding effect of other
stressors from which extinction is now a plausible outcome under the
current conditions. Therefore, the species meets the Act's definition
of an endangered species rather than of a threatened species. Thus,
after assessing the best available information, we determine that the
northern long-eared bat is in danger of extinction throughout all of
its range.
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. We have determined that the northern long-eared bat is in
danger of extinction throughout all of its range and accordingly did
not undertake an analysis of any significant portion of its range.
Because the northern long-eared bat warrants listing as endangered
throughout all of its range, our determination does not conflict with
the decision in Center for Biological Diversity v. Everson, 2020 WL
437289 (D.D.C. Jan. 28, 2020), because that decision related to
significant portion of the range analyses for species that warrant
listing as threatened, not endangered, throughout all of their range.
Determination of Status
Our review of the best available scientific and commercial
information indicates that the northern long-eared bat meets the Act's
definition of an endangered species. Therefore, we propose to list the
northern long-eared bat as an endangered species in accordance with
sections 3(6) and 4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies, private
organizations, and individuals. The Act encourages cooperation with the
States and other countries and calls for recovery actions to be carried
out for listed species. The protection required by Federal agencies and
the prohibitions against certain activities are discussed, in part,
below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Section 4(f) of the Act calls for the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning consists of preparing draft and final recovery
plans, beginning with the development of a recovery outline, and making
it available to the public within 30 days of a final listing
determination. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan also identifies
recovery criteria for review of when a species may be ready for
reclassification from endangered to threatened (``downlisting'') or
removal from protected status (``delisting''), and methods for
monitoring recovery progress. Recovery plans also establish a framework
for agencies to coordinate their recovery efforts and provide estimates
of the cost of implementing recovery tasks. Recovery teams (composed of
species experts, Federal and State agencies, nongovernmental
organizations, and stakeholders) are often established to develop
recovery plans. When completed, the recovery outline, draft recovery
plan, and the final recovery plan will be available on our website
(<a href="https://www.fws.gov/species/northern-bat-myotis-septentrionalis">https://www.fws.gov/species/northern-bat-myotis-septentrionalis</a>), or
from our Minnesota Wisconsin Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (for example, restoration of native vegetation), research,
captive propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
For listed species, funding for recovery actions is available from
a
[[Page 16450]]
variety of sources, including Federal budgets, State programs, and
cost-share grants for non-Federal landowners, the academic community,
and nongovernmental organizations. In addition, pursuant to section 6
of the Act, the States of Alabama, Arkansas, Connecticut, Delaware,
Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina,
North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South
Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia,
Wisconsin, and Wyoming will continue to be eligible for Federal funds
to implement management actions that promote the protection or recovery
of the northern long-eared bat. Information on our grant programs that
are available to aid species recovery can be found at: <a href="https://www.fws.gov/grants">https://www.fws.gov/grants</a>.
Please let us know if you are interested in participating in
recovery efforts for this species. Additionally, we invite you to
submit any new information on this species whenever it becomes
available and any information you may have for recovery planning
purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into consultation with the
Service.
Federal agency actions within the species' habitat that may require
conference or consultation or both as described in the preceding
paragraph include, but are not limited to, management and any other
landscape-altering activities on Federal lands administered by the U.S.
Fish and Wildlife Service, U.S. Forest Service, Bureau of Land
Management, National Park Service, and other Federal agencies; issuance
of section 404 Clean Water Act (33 U.S.C. 1251 et seq.) permits by the
U.S. Army Corps of Engineers; and construction and maintenance of roads
or highways by the Federal Highway Administration.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to endangered wildlife.
The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR
17.21, make it illegal for any person subject to the jurisdiction of
the United States to take (which includes harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect; or to attempt any of
these) endangered wildlife within the United States or on the high
seas. In addition, it is unlawful to import; export; deliver, receive,
carry, transport, or ship in interstate or foreign commerce in the
course of commercial activity; or sell or offer for sale in interstate
or foreign commerce any species listed as an endangered species. It is
also illegal to possess, sell, deliver, carry, transport, or ship any
such wildlife that has been taken illegally. Certain exceptions apply
to employees of the Service, the National Marine Fisheries Service,
other Federal land management agencies, and State conservation
agencies.
We may issue permits to carry out otherwise prohibited activities
involving endangered wildlife under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.22. With regard to
endangered wildlife, a permit may be issued for the following purposes:
For scientific purposes, to enhance the propagation or survival of the
species, and for incidental take in connection with otherwise lawful
activities. The statute also contains certain exemptions from the
prohibitions, which are found in sections 9 and 10 of the Act.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a proposed
listing on proposed and ongoing activities within the range of the
species proposed for listing.
At this time, we are unable to identify specific activities that
would not be considered to result in a violation of section 9 of the
Act because the northern long-eared bat occurs in a variety of habitat
conditions across its range and it is likely that site-specific
conservation measures may be needed for activities that may directly or
indirectly affect the species.
Based on the best available information, the following activities
may potentially result in a violation of section 9 of the Act if they
are not authorized in accordance with applicable law; this list is not
comprehensive:
(1) Unauthorized collecting, handling, possessing, selling,
delivering, carrying, or transporting of the species, including import
or export across State lines and international boundaries, except for
properly documented antique specimens of these taxa at least 100 years
old, as defined by section 10(h)(1) of the Act.
(2) Incidental take of the species without authorization pursuant
to section 7 or section 10(a)(1)(B) of the Act.
(3) Disturbance or destruction (or otherwise making a hibernaculum
no longer suitable) of known hibernacula due to commercial or
recreational activities during known periods of hibernation.
(4) Unauthorized destruction or modification of suitable forested
habitat (including unauthorized grading, leveling, burning, herbicide
spraying, or other destruction or modification of habitat) in ways that
kills or injures individuals by significantly impairing the species'
essential breeding, foraging, sheltering, commuting, or other essential
life functions.
(5) Unauthorized removal or destruction of trees and other natural
and manmade structures being used as roosts by the northern long-eared
bat that results in take of the species.
(6) Unauthorized release of biological control agents that attack
any life stage of this taxon.
(7) Unauthorized removal or exclusion from buildings or artificial
structures being used as roost sites by the species, resulting in take
of the species.
(8) Unauthorized building and operation of wind energy facilities
within areas used by the species, which results in take of the species.
(9) Unauthorized discharge of chemicals, fill, or other materials
into sinkholes, which may lead to contamination of known northern long-
eared bat hibernacula.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Minnesota
Wisconsin Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
[[Page 16451]]
Effects of This Rule
If this rule is adopted as proposed, it would reclassify the
northern long-eared bat from a threatened species to an endangered
species on the List of Endangered and Threatened Wildlife. It would
also remove the species-specific section 4(d) rule for the northern
long-eared bat, because 4(d) rules apply only to species listed as
threatened species under the Act. The Act's full suite of prohibitions
and exceptions to those prohibitions for endangered species (see
sections 9 and 10 of the Act) would then apply to the northern long-
eared bat.
Public Hearings
We have scheduled a public informational meeting with a public
hearing on this proposed rule for the northern long-eared bat. We will
hold the public informational meeting and public hearing on the date
and time listed above under Public informational meeting and public
hearing in DATES. We are holding the public informational meeting and
public hearing via the Zoom online video platform and via
teleconference so that participants can attend remotely. For security
purposes, registration is required. To listen and view the meeting and
hearing via Zoom, listen to the meeting and hearing by telephone, or
provide oral public comments at the public hearing by Zoom or
telephone, you must register. For information on how to register, or if
you encounter problems joining Zoom the day of the meeting, visit
<a href="https://www.fws.gov/species/northern-bat-myotis-septentrionalis">https://www.fws.gov/species/northern-bat-myotis-septentrionalis</a>.
Registrants will receive the Zoom link and the telephone number for the
public informational meeting and public hearing. If applicable,
interested members of the public not familiar with the Zoom platform
should view the Zoom video tutorials (<a href="https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials">https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials</a>) prior to the public
informational meeting and public hearing.
The public hearing will provide interested parties an opportunity
to present verbal testimony (formal, oral comments) regarding this
proposed rule. While the public informational meeting will be an
opportunity for dialogue with the Service, the public hearing is not:
It is a forum for accepting formal verbal testimony. In the event there
is a large attendance, the time allotted for oral statements may be
limited. Therefore, anyone wishing to make an oral statement at the
public hearing for the record is encouraged to provide a prepared
written copy of their statement to us through the Federal eRulemaking
Portal, or U.S. mail (see ADDRESSES, above). There are no limits on the
length of written comments submitted to us. Anyone wishing to make an
oral statement at the public hearing must register before the hearing
<a href="https://www.fws.gov/species/northern-bat-myotis-septentrionalis">https://www.fws.gov/species/northern-bat-myotis-septentrionalis</a>. The
use of a virtual public hearing is consistent with our regulations at
50 CFR 424.16(c)(3).
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be
prepared in connection with listing a species as an endangered or
threatened species under the Endangered Species Act. We published a
notice outlining our reasons for this determination in the Federal
Register on October 25, 1983 (48 FR 49244). This position was upheld by
the U.S. Court of Appeals for the Ninth Circuit (Douglas County v.
Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S. 1042
(1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
Tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes. We solicited information, provided
updates, and invited participation in the SSA process in emails sent to
Tribes, nationally, in April 2020 and November 2020. We will continue
to work with Tribal entities during the development of the northern
long-eared bat final listing determination.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and upon request from
the Minnesota Wisconsin Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are staff members of the
Fish and Wildlife Service's Species Assessment Team and the Minnesota
Wisconsin Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.11, in paragraph (h), by revising the entry for
``Bat, northern long-eared'' under MAMMALS in the
[[Page 16452]]
List of Endangered and Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Bat, northern long-eared...... Myotis Wherever found... E 80 FR 17973, 4/2/2015;
septentrionalis. [Federal Register citation
when published as a final
rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sec. 17.40 [Amended]
0
3. Amend Sec. 17.40 by removing and reserving paragraph (o).
Signing Authority
The Director, U.S. Fish and Wildlife Service, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the U.S. Fish and Wildlife Service. Martha
Williams, Director, approved this document on March 18, 2022, for
publication.
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Risk Management, and
Analytics of the Joint Administrative Operations, U.S. Fish and
Wildlife Service.
[FR Doc. 2022-06168 Filed 3-22-22; 8:45 am]
BILLING CODE 4333-15-P
</pre></body>
</html>Indexed from Federal Register on March 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.