On January 11, 2016, the Board of Game and Inland Fisheries published a proposed action in the Virginia Register of Regulations to update the state’s endangered and threatened species list. Two additional species of bats are included in this proposal, which could result in time of year restrictions on tree clearing activities.
There are four items of note from this regulation amendment: |
1. |
The state list will be updated to include all federally listed species through October 2, 2015 (the list currently reflects only those species listed as of May 20, 2014). Thus, the state list will now include the northern long-eared bat. |
2. |
The state is proposing to list the little brown bat (Myotis lucifugus) and the tri-colored bat (Perimyotis subflavus) as endangered. Both of these species were recorded by Wetland Studies and Solutions, Inc. (WSSI) during acoustic survey efforts in 2015 in the northern Virginia area. |
3. |
The proposed listing of the little brown bat and the tri-colored bat allows for incidental take for human health, for public safety or property damage, and for facility or project operations with a DGIF-approved plan (which must be prepared by the land owner) for these species. WSSI recommends conducting bat surveys in order to address the conservation measures required by a DGIF approved plan. If surveys are not conducted, then time of year restrictions on vegetation clearing may be required in order to meet the DGIF plan requirements. |
4. |
The upland sandpiper (Bartramia longicauda) is being de-listed from the state list. This is a species that occasionally affected projects in northern Virginia. The species is being de-listed because it was determined that it only occurred in a small part of the state for artificial reasons; typically due to the presence of sod farms or airports, both of which have fields which are regularly mowed and kept short. |
The best way to address impacts to your construction schedule by these species is to conduct presence / absence surveys between May 15 and August 15.
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More information from DGIF on the changes to the listings can be read here, and the final changes approved by the Board can be read here. |
The effective date of these proposed changes is April 1, 2016. Both the little brown bat and the tri-colored bat utilize habitat similar to the Indiana bat and the northern long-eared bat, and have been recorded in counties throughout Virginia. While the recent guidance on the northern long-eared bat indicates a much narrower time of year restriction, the Indiana bat has a time of year restriction on tree clearing from April 15 to September 15.
Because of the similarity of habitat types, WSSI expects that any time of year restrictions on tree clearing for the little brown bat and the tri-colored bat may be similar, unless a DGIF approved plan shows that incidental take will be minimal. An early draft of the Best Management Practices for Conservation of Little Brown Bats and Tri-Colored Bats was provided to WSSI detailing the information that would be required in a DGIF-approved plan for these species. Based on this information, the most certain way to address the plan requirements is by conducting presence/absence surveys for the species.
Because of the listing of the little brown bat and the tri-colored bat, WSSI strongly recommends that you conduct surveys for these species so that you can adequately address any concerns raised by review agencies during your state wetland permitting process, or other state actions that require coordination regarding endangered and threatened species. Surveys must be conducted between May 15 and August 15. WSSI has trained staff qualified to conduct acoustic surveys to help you address impacts to these species. |
If you wish to further discuss how this listing may affect your project or to have WSSI’s trained and certified staff conduct a survey for these species, please contact Ben Rosner or Mark Headly. |
