Fish and Wildlife Service Publishes Final Rule for Northern Long-Eared Bat

On January 14, 2016, the U.S. Fish and Wildlife Service (“USFWS”) published in the Federal Register the Final 4(d) Rule for the Northern Long-Eared Bat.  USFWS issues such rules pursuant to Section 4(d) of the Federal Endangered Species Act in order to promulgate regulations that are tailored to the conservation needs of specific threatened or endangered species.  The final 4(d) rule issued by USFWS for the Northern Long-Eared Bat prohibits the incidental take of the species in certain circumstances, including incidental takes resulting from tree cutting activities that: (1) occur within 0.25 miles of a known hibernaculum; or (2) result from the cutting or destruction of “known occupied maternity roost trees,” or any other trees within a 150-foot radius of the maternity roost tree during pup season (June 1 through July 31).  The final rule replaces the Interim 4(d) Rule issued by USFWS on April 2, 2015.