Forest-Dwelling Bat
Conservation Strategy
Jennifer Garland
Deputy Field Supervisor
U.S. Fish and Wildlife Service
Kentucky Field Office
330 West Broadway, Room 265
Frankfort, KY 40601
502/695-0468 ext. 115
What is the Conservation Strategy
• Formalizes goals and priorities for conservation and
recovery of forest-dwelling bats in Kentucky
• Relies heavily on
– Indiana Bat Draft Recovery Plan: First Revision
(Recovery Plan)
– Northern Long-eared Bat Interim Conference and
Planning Guidance
History
• 2008 – The first Indiana bat Mitigation
Guidance was issued by the KFO. This was the
start of the CMOA option
• 2011 – Revised Mitigation Guidance issued
• 2013 – KFO started working on the shift to a
conservation strategy
• 2015 – Issuance of the Forest-Dwelling Bat
Conservation Strategy
Purpose and Need
• Past reliance on surveys and/or seasonal tree
clearing restrictions.
• Opportunity to provide more predictability
and flexibility to project proponents.
Bat Habitat Types
• Summer 1: Ibat
maternity, NLEB
summer
• Summer 2: Ibat nonmaternity
• Swarming 1: Ibat P1 &
P2 hibernacula
• Swarming 2: Ibat P3 &
P4, NLEB hibernacula
• Potential: All other
suitable habitat
Indiana bat maternity roost
Photo credit: USFWS
Indiana bat Known Habitat
NLEB Known Habitat
Conservation Goals
•
•
•
•
Tier 1
Protect and manage known priority hibernacula.
Protect and manage existing forested habitat
Protect and manage additional conservation lands ….
Restore and/or enhance winter habitat conditions …..
Tier 2
• Protect and manage known lower priority hibernacula.
• Protect and manage additional conservation lands that
contain potential habitat for forest-dwelling bats.
• Fund priority research and monitoring ….
ESA Compliance Options
•
•
•
•
•
•
Avoidance
Survey for presence / probable absence
Technical assistance and/or informal consultation
(4)d rule
Conservation memorandum of agreement
Formal consultation (only available to federal
action agencies / partners)
• Habitat conservation plan (HCP) (only available to
non-federal entities / partners)
Informal/Formal Consultation
Species/CH
may be
present ?
No
End
Consultation
Yes
Species/CH
may be
affected ?
No
Conclude “no
effect” and end
consultation
Yes
Species/CH may
be adversely
affected ?
No
Submit rationale
and request
concurrence to
ESFO
Incorporate
Yes species
conservation
measures and
submit
request for
formal
consultation
to ESFO
SOURCE: http://www.fws.gov/midwest/endangered/section7/s7process/s7stepxstep.html
Northern Long-Eared Bat 4(d) Rule
• Short Summary of prohibitions for Kentucky
– All purposed take with a few exceptions
– All take within known hibernacula
– Incidental take caused by tree removal is prohibited
(without a permit) if:
• It occurs within 0.25 miles of a known hibernacula at any
time of year
• It cuts or destroys a known occupied maternity roost tree or
any other trees within a 150-foot radius of the known
maternity roost during the pup season (June 1- July 31)
• More Information at:
http://www.fws.gov/midwest/endangered/mammals/nleb/
NLEB 4(d) Continued
What is mitigation?
• Avoid
• Minimize
• Compensate
Available at:
https://www.doi.gov/sites/doi.gov/files/migrated/news/upload/Mitigation-Reportto-the-Secretary_FINAL_04_08_14.pdf
Avoidance and Minimization
• Maximum project size of
100 acres of forest-dwelling
bat habitat.
• 1 mile buffer on Winter 1
hibernacula.
• Half mile on Winter 2
hibernacula.
• Projects resulting in impacts
to known or potential
Summer 1 habitat between
June 1 and July 31.
Compensation
• Protect known and previously unprotected
Indiana and/or northern long-eared bat habitat
with a demonstrated significance to either or
both species.
• Contribute funding to the Imperiled Bat
Conservation Fund (IBCF) sufficient to achieve
identified mitigation needs.
• Other activities that will provide a tangible
conservation benefit to forest-dwelling bats may
be proposed to the KFO for a case-by-case
evaluation.
In-Kind Habitat Compensation
• Must adjoin or be in acquisition boundary of
existing conservation ownership
• Must include all surface and mineral rights
(permanency)
• Ownership or easement by “qualified
conservation organization” – federal, state, or
NGO
• Project proponent must pay all costs and
management
Imperiled Bat Conservation Fund
• Contributions based
on average land
costs, mitigation ratio
and size of impact
• Money held by
Kentucky Natural
Lands Trust
• Projects approved by
the IBCF Team
Big Rivers WMA/State Forest
Photo Credit: Mark Godfrey
Recovery and Mitigation Focus Areas
•
•
•
•
•
•
•
•
Tygarts Creek – Carter Caves SRP
Daniel Boone National Forest
Pine Mountain
Mammoth Cave National Park
Barrens-Fort Knox
Big Rivers
Lower Ohio River
Mississippi River
Programmatic Biological Opinion
•
•
•
•
•
•
•
Intra-Service
Proposed Action
Action Area
Status of the Species/Environmental Baseline
Effects Analysis
Conclusion
Incidental Take Statement
Conservation Agreements
CMOAs are simple agreements between the Service
and the project proponent that outline the impacts of
the project, when the habitat will be removed or
altered, and the avoidance, minimization, and
compensatory mitigation measures that will be
undertaken in exchange for incidental take coverage.
– Avoidance and minimization is achieved during
project implementation
– Compensation can be implementation of an inkind bat/forest conservation effort or an In-LieuFee payment to the IBCF
Types of CMOAs
• Project-specific
– One-time action with specific impact
• Programmatic
– Need to have a defined set of work practices
that can be evaluated
– Accounting and auditing processes
Interim Process
• CMOA language currently under internal legal
review
• No CMOAs being signed until this is complete
• Interim process for projects that would have
used the CMOA process with an IBCF payment
– Provide same information on project impacts
and include receipt of payment to IBCF to
FWS
– FWS provides language back documenting
ESA compliance
Future Changes
• ESA compliance options
• Non-Volant period
Additional Resources
• Working with Bats in
Kentucky
http://www.fws.gov/frankf
ort/indiana_bat_procedure
s.html
• Northern Long-eared
Bat
http://www.fws.gov/Midw
est/endangered/mammals/
nleb/index.html
Photo credit: John MacGregor, KDFWR