Late last year, the U.S. Fish & Wildlife Service (USF&WS) closed its second public comment period on its proposal to list the Northern Long-Eared Bat as "Endangered." The final decision is expected by April 2.

A January 13 letter led by Senator Amy Klobuchar (D-Minnesota), with a bipartisan group of 12 other Senators signing on, urges USF&WS to settle on a "Threatened," rather than "Endangered," listing. The letter also urges USF&WS to allow for a "Section 4(d)" provision, which would give wide latitude to traditional forestry practices throughout the bat’s range. While USF&WS insists that it has not come to any decision, it has released a proposed 4(d) rule in the event the Service ultimately decides to list the bat as "Threatened." At this point, industry sources believe that outcome is likely.

Many resource users are not convinced that even a carefully couched "Threatened" determination is appropriate. After all, the bat’s decline is not attributable to land-based activities but to a fungal disease—White Nose Syndrome—that takes hold during winter hibernation and which USF&WS is not structurally equipped to address. However, with the possibility of a devastating "Endangered" listing still an option for USF&WS, and with the 4(d) provision appearing to offer considerable latitude to "forest management," examining the 4(d) proposal’s details and ambiguities is certainly a prudent step. Details—including instructions for submitting a comment to the record on the proposed 4(d) provision (before a March 17, 2015, deadline)—can be found at http://midwest.fws.gov/nleb

It has been more than 80 years since Republicans controlled both houses of the West Virginia Legislature. Last week, they made it official with the election of Senate President Bill Cole (R-Mercer) and House Speaker Tim Armstead (R-Kanawha). Both Cole and Armstead addressed the state's growing "job crisis on the first day and called for cooperation between the two political parties and with the Governor. Cole noted, "Before we were Democrats, before we were Republicans, we're all West Virginians. We have a short window of time to accomplish these goals, and I hope you share my sentiment. It's time for us to get to work." In a similar vein, Armstead commented, "It's time to work together to write a new chapter for West Virginia."

On the first day of the 60-day session, nearly 300 bills were introduced. Those of interest to WVFA members include elimination of the severance tax on timber and the elimitation of landowner liabilities for trespassers.

Governor Earl Ray Tomblin presented his fourth State of the State Address, on January 14, before a joint session of the West Virginia Senate and House of Delegates.The 45-minute speech covered a number of topics including the following areas of interest:

* Stressed the need for cooperation with the new Republican-controlled Legislature
* Noted improvements to the business climate, workers' compensation reform, medical malpractice reform, addressing long-term liabilities and cutting and phasing down taxes during the past decade
* WV has one of the strongest Rainy Day Funds in the country
* Called for additional legal reforms
* Noted state highways are critical to continued economic growth and "we must find ways to do more"

A.B. Brooks Symposium - Hotel Reservations Deadline: Jan. 22
For room reservations at the Charleston Marriott Hotel call 304-345-6500 and mention the code FRR (the code MUST be mentioned) to get our block of rooms. Reservations should be called in to the hotel before the room-block cutoff date of January 22.

Feb. 4 - A.B. Brooks Symposium - Developing Agenda
7:30 a.m. Breakfast:
The Election and its Effect on 2015 Legislation - Speaker Invited
9:00 a.m. Symposium:
Northern Long-Eared Bat Update - Kathy Becket, Steptoe & Johnson
Birthplace of Rivers as National Monument - Speaker Invited
Managed Timberland Tax - Kathryn Arano, WVU
Premises Liability (Landowner Liability) - Rebecca A.Judy, McNeer, Highland, McMunn & Varner, L.C.
Waters of the U.S. - Steve Butler, WV Farm Bureau
Urban Forestry - Liz Moss, WVDOF