Important regulatory changes are now in effect for the Northern Long-Eared Bat (NLEB) and Tricolored Bat (TCB). Our commitment to keeping our clients informed means we’re sharing key updates to help you stay compliant. Here are the essential details you need to know:
NLEB and TCB Final Rule Status: On November 29, 2022, the USFWS officially reclassified the Northern Long-Eared Bat (NLEB) from threatened to endangered, nullifying the 4(d) rule. This decision was published in the Federal Register. In addition, the Tricolored Bat (TCB) was also classified as endangered under the Endangered Species Act (ESA) in this final rule, making it crucial for stakeholders to understand how these changes will impact their projects and operations.
Final Tools and Guidance Released: The USFWS has released finalized tools and resources for assessing impacts to both the NLEB and the TCB. These tools focus primarily on evaluating risks from activities such as wind energy development, tree removal, and habitat modifications, which may disturb critical habitats or cause harm to the species. By standardizing these resources, the USFWS ensures consistency in how impacts are measured and mitigated, helping stakeholders navigate compliance with the latest regulations more effectively. These tools are now the standard for regulatory compliance and are available to guide stakeholders through project planning and implementation.
Transition and Compliance: To minimize disruption for stakeholders, the USFWS had extended interim guidance for NLEB compliance until the release of the finalized tools. Now that the final rule and guidance are in effect, all projects must comply with the updated regulations and implement the new tools where necessary.
For projects in Texas, Oklahoma, and portions of the Southwest or Mountain-Prairie regions, compliance with the ESA is required in light of the final listing decision for the Tricolored Bat. Stakeholders should prepare for these regulatory changes and take immediate action to ensure compliance with federal guidelines.
Ongoing Projects and Federal Action Agencies: For ongoing projects previously reviewed using the interim NLEB tools, no additional action is required, except for federal action agencies issued a biological opinion under the Interim Consultation Framework (ICF). These agencies will receive specific guidance directly from the USFWS.
Impact on Key Sectors: The final listing of the NLEB and TCB as endangered species has the potential to significantly impact projects across the transportation, energy, and land development sectors. Fisher Associates is here to help navigate these changes, offering expertise in updated USFWS Information for Planning and Consultation (IPaC) tools, environmental impact analyses, species surveys, and compliance strategies that address ESA regulations.
Fisher Associates is closely monitoring all regulatory developments to ensure your projects remain compliant.
If you have any questions or need assistance with navigating these changes, contact Brook Bertig-Coll at Fisher to discuss how we can work together to protect your projects and ensure regulatory compliance.
