A species must be listed under the Endangered Species Act (ESA) if it is threatened or endangered due to any of the following five factors:
A) present or threatened destruction, modification, or curtailment of its habitat or range;
B) over-utilization of the species for commercial, recreational, scientific, or educational purposes;
C) disease or predation;
D) inadequacy of existing regulatory mechanisms; and
E) other natural or manmade factors affecting its continued existence.
Factor C within the Endangered Species Act, Section 4 provides that the USFWS can determine that a species is endangered or threatened based on any of five factors, one of which is disease. The Service also suggests that other statutory threats to the NLEB include Factors A, B, and E, which in combination with white-nose syndrome heighten the level of risk to the species. On January 6, 2014, the Service released an interim document entitled, "Northern Long-Eared Bat Interim Conference and Planning Guidance" (ICPG), which includes a list of voluntary conservation measures that may be undertaken while the final listing decision remains pending. The agency is also developing consultation guidance, which will go into effect if the NLEB is listed. USFWS is slated to finalize the listing of the NLEB as endangered in October of this year. Unconfirmed is the proposition that harvesting would be halted in the affected region in six months of each year.
In news from the Hardwood Federation (HF): On June 12, in a Congressional Briefing regarding the proposed listing of the NLEB, WVFA industry allies asked the U.S. Department of the Interior (DOI) and the Fish and Wildlife Service (USFWS) to develop more reasonable and economically responsible guidelines that offer science-base protections to the bat population without placing undue hardships on our industry. In addition to participating in the Congressional briefing, like-minded organizations are approaching congressional offices and working with them to develop letters to DOI to express concern and ask for a more pragmatic solutions on this issue.
In addition to Ray Moistner, who represented the HF, panelists included David Bernhardt, former Department of Interior Solicitor, Ryan Yates of the American Farm Bureau, John Anderson of the American Wind Energy Association, and Andrew Morrison of Markwest Energy Partners. The panel was moderated by Mary Martin of the U.S. Chamber of Commerce.
Then, yesterday, the West Virginia Legislature's Forest Management Review Commission heard Barbara Douglas, US Fish and Wildlife Service, and Dr. Sheldon Owen, Wildlife Specialist, WVU Extension Service, provide a presentations on the Northern Long Eared Bat. On that occasion, anecdotally, we learned that the listing deadline of October 2, 2014, will likely be pushed back to April 2, 2015, to make more time to study before this important listing decision and, perhaps, allow more public comments. However, both speakers emphasized that this bat problem covers multiple states and is a federal issue.