Questions & Answers

Questions and Answers: Proposed Critical Habitat for the Rusty Patched Bumble Bee

Proposed Critical Habitat for the Rusty Patched Bumble Bee Questions and Answers
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What action is the U.S. Fish and Wildlife Service proposing for the rusty patched bumble bee?

The U.S. Fish and Wildlife Service proposes to designate approximately 1.6 million acres of occupied critical habitat across 33 counties in Illinois, Iowa, Minnesota, Virginia, West Virginia, and Wisconsin for the endangered rusty patched bumble bee under the Endangered Species Act. Most of the proposed critical habitat designation is on private land within urban areas. If finalized, the critical habitat designation will not affect activities by private landowners unless the activity is funded or authorized by a federal agency.

What is critical habitat, and why is it designated?

The ESA requires the Service to designate and revise critical habitat for listed species based on the best scientific data available. Designation of critical habitat does not affect land ownership, establish a refuge or preserve, or impact private landowners taking actions on their land that do not require federal funding or permits. Federal agencies are required to consult with the Service to ensure that any actions they fund, authorize, or carry out do not destroy or harm critical habitat.

When the habitat is occupied by the species, like in the case of the rusty patched bumble bee, agencies are already taking steps to avoid jeopardizing the species. Therefore, little additional consultation effort is usually needed beyond what is already in place. Since the rusty patched bumblebee’s listing in 2017, the Service has been consulting on projects funded or authorized by a federal agency in areas of occupied habitat. The proposed critical habitat consists entirely of occupied habitat and will have minimal impacts for additional consultation needs.

What are the key characteristics of the rusty patched bumble bee?

The rusty patched bumble bee was listed as an endangered species in 2017, making it the first bumble bee to receive federal protection. It has a mostly yellow upper body with a black spot resembling a thumb tack between its wings. They get their name from a patch of rusty-colored hairs, surrounded by yellow hairs, that appear on the second abdominal segment of male and female worker bees. Queens are entirely yellow on the first two abdominal segments and do not have the rusty patch. Reproductive males and new queens are produced later in the summer and fall and then disperse and mate. Only the newly produced queens survive the winter to start the annual life cycle again when they emerge from overwintering sites to start new colonies in the spring.

What type of habitat is essential for the rusty patched bumble bee to survive?

The rusty patched bumble bee is considered to be flexible about its habitat requirements and occupies a variety of habitats, including prairies, woodlands, marshes, agricultural landscapes, and residential parks and gardens. The species requires areas that support sufficient food (nectar and pollen), an undisturbed nesting habitat in proximity to floral resources, and overwintering habitat for hibernating queens. Bumble bees are generalist foragers, meaning they gather pollen and nectar from a wide variety of flowering plants. Rusty patched bumble bee nests are typically in abandoned rodent burrows or other similar cavities. Little is known about the overwintering habitats of rusty patched bumble bee foundress queens, but based primarily on other species of bumble bees, rusty patched bumble bees are assumed to overwinter mostly in forests.

What are the primary threats to the rusty patched bumble bee?

Historically, the rusty patched bumble bee was widely distributed across its range. Before listing in 2017, the species experienced a widespread and precipitous decline. Evidence suggests a synergistic interaction between an introduced pathogen and pesticide exposure (specifically, insecticides and fungicides) contributed to the declines. Additional threats to the species include habitat loss and degradation, small population dynamics, and the effects of climate change climate change
Climate change includes both global warming driven by human-induced emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. Though there have been previous periods of climatic change, since the mid-20th century humans have had an unprecedented impact on Earth's climate system and caused change on a global scale.

Learn more about climate change
.

Why are urban and suburban areas important for rusty patched bumble bees?

The urban and suburban areas included in the proposed designation contain the physical and biological features essential to the conservation of the species, including upland forest interior for overwintering; forest edge and other areas with existing cavities for nesting; diverse and abundant native floral resources for foraging; and well-drained loose soils for nesting and overwintering. These areas also likely contain multiple, interacting colonies that have persisted over time, which helps to facilitate genetic health.

Residents, businesses and communities in urban and suburban areas can provide habitat for all pollinators, not just rusty patched bumble bee. Add flowers that bloom in different seasons to gardens and landscapes to provide food for pollinators throughout the active seasons.

What is the difference between honeybees and bumble bees?

Honeybees (Apis melifera) are not native to North America. Originally, these domesticated bees were brought from Eurasia to produce wax and honey. Today, honeybees are used in industrialized agriculture to pollinate large monocultures, such as almond tree groves. As honeybees are moved across the country to pollinate different crops, they can also spread diseases and compete for floral resources. Disease is a major factor in the decline of native bees.

Although some efforts to help honeybees — such as planting a diversity of flowers - can also benefit bumble bees, honeybees compete for these floral resources and can spread disease. Healthy honeybee hives persist year after year and average from 40,000 to 80,000 bees. In contrast, bumble bee nests only persist for one season and contain much fewer individuals, ranging from ten to about a thousand individuals. Because of the risk of disease spread and resource competition, we discourage keeping honeybees in important bumble bee conservation areas.

Are bumble bees used for agricultural pollination?

Yes, bumble bees are excellent pollinators of wildflowers and crops. Unlike honeybees, bumble bees can conduct buzz pollination, in which they vibrate their wing muscles to dislodge pollen while holding onto the flower with their jaws. Buzz pollination is beneficial for plants such as tomatoes, peppers, and cranberries, which have pollen that is difficult for honeybees to access.

This is why bumble bees are used for commercial pollination of some crops, such as tomatoes, rather than honeybees.

Where is the rusty patched bumble bee proposed critical habitat?

The proposed critical habitat designation for the rusty patched bumble bee consists of approximately 1,635,746 acres of occupied habitat in 14 units across 33 counties in six states - Illinois, Iowa, Minnesota, Virginia, West Virginia and Wisconsin. Ownership of lands within the proposed critical habitat units is approximately 83% privately owned, 9% state-owned, 8% federally owned, and less than 1% in Tribal ownership. All proposed units are occupied by the species.

How was the proposed critical habitat for the rusty patched bumble bee selected?

When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species contain features that are essential to the conservation of the species, and which may require special management considerations or protection.

We designate critical habitat based on the best scientific data available. Sources of data for the rusty patched bumble bee and its habitat needs include research published in peer-reviewed articles on the species and related species, agency reports, communication with species experts, the 2021 rusty patched bumble bee recovery plan, verified data submitted from scientific recovery permit holders and public participation websites (e.g., www.iNaturalist.org), and the Service’s mapped high potential zones. These zones are areas where there is a high likelihood that rusty patched bumble bees may be present based on a spatial model that considers recent observations of the species, estimated foraging range, and estimated barriers to dispersal.

The high potential zones that were used to help inform the proposed critical habitat for the rusty patched bumble bee were accessed June 9, 2024, and are available from ArcGIS online.

Are all areas within the mapped boundaries considered critical habitat?

No. This proposed critical habitat overlaps a great deal with developed areas, such as lands covered by buildings, pavement and other structures. These structures are not designated as critical habitat themselves because such structures lack the physical or biological features necessary for the rusty patched bumble bee.

The scale of the maps under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such structures due to the scale of the mapping. Critical habitat is designed to protect the essential physical and biological features of a landscape and essential areas in the appropriate quantity and spatial arrangement that a species needs to survive and reproduce and ultimately be conserved.

Who is impacted by the critical habitat designation, and does it apply to all activities within the designated area?

Critical habitat designations affect only federal agency actions or federally funded or permitted activities. Critical habitat designations do not affect activities by private landowners if there is no federal “nexus” as defined by Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7
of the ESA — that is, no federal funding or authorization. Therefore, the proposed designation of critical habitat will have no additional effect on private, local, state, and Tribal lands, unless they are carrying out a project with a federal nexus.

Only activities that involve a federal permit, license, or funding will be affected. The consequences of a critical habitat designation are often misunderstood, in part because protection of critical habitat applies only to federal agencies. Under the ESA, the only regulatory effect of a critical habitat designation is that federal agencies must ensure their actions do not adversely modify critical habitat under Section 7 of the ESA.

How would a critical habitat designation affect private land?

A critical habitat designation does not directly affect private actions on private property. However, actions that use federal money or require a federal permit would require consultation under Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7
of the ESA. Our agency consults with the funding or authorizing federal agency to determine if the proposed action would adversely modify critical habitat and provides advice on ways to avoid or minimize impacts.

How can I see if my land is included in the proposed critical habitat for rusty patched bumble bees?

The Service offers an online mapper tool for property owners in areas proposed as critical habitat. This web-based tool allows users to zoom in on any location in the U.S. to see if their property overlaps with designated critical habitats, including the proposed critical habitat for the rusty patched bumble bee.

Does a critical habit designation mean the federal government has access to my land?

No, the presence of a listed species or critical habitat does not give government employees or representatives any rights to access private property.

Does a critical habitat designation mean an area is considered a wildlife refuge or sanctuary?

No, a critical habitat designation does not affect land ownership or establish a refuge, wilderness, reserve, preserve or other conservation area conservation area
A conservation area or wildlife management area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife. There are 15 conservation areas and nine wildlife management areas in the National Wildlife Refuge System.

Learn more about conservation area
.

How does this critical habitat designation affect lands with existing critical habitat designations or other federally listed species?

At the time of this proposal, 29 species listed under the ESA were found within the rusty patched bumble bee’s proposed critical habitat. The proposed critical habitat partially overlaps with the designated critical habitat for the candy darter in Virginia and the proposed critical habitat for the salamander mussel in Minnesota.

Conservation efforts for other listed species or existing critical habitat designations may provide conservation benefits to the rusty patched bumble bee. For example, restoration or improvements of streamside riparian riparian
Definition of riparian habitat or riparian areas.

Learn more about riparian
areas that provide benefits to aquatic species may also provide floral resources for the rusty patched bumble bee. Additionally, there are multiple overlapping conservation measures for some of the listed species, such as habitat restoration for the Karner blue butterfly and prairie bush clover, that may also benefit rusty patched bumble bees.

How is the Service working to conserve the rusty patched bumble bee and other native bee species?

Our agency works with partners to recover rusty patched bumble bees through numerous initiatives, including research on detrimental pathogens, small population genetics, climate change climate change
Climate change includes both global warming driven by human-induced emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. Though there have been previous periods of climatic change, since the mid-20th century humans have had an unprecedented impact on Earth's climate system and caused change on a global scale.

Learn more about climate change
, pesticides and the effects of habitat management. More information about these threats is needed to guide additional recovery efforts. The agency also works with partners to enhance, create and restore pollinator habitat, which can help the rusty patched bumble bee be more resilient.

Additionally, we developed guidance and tools to streamline internal and external work. We published a range-wide recovery plan in 2021 and the associated recovery activities follow that plan’s direction including addressing key uncertainties. Financial support for recovery activities comes from a variety of funding sources including the Great Lakes Restoration Initiative, U.S. Geological Service Science Support Program, and the U.S. Fish and Wildlife Service Recovery Challenge Grant.

How can I help rusty patched bumble bees and other native bees?

You can help conserve rusty patched bumble bees by documenting bee observations, limiting the use of pesticides, and supporting bumble bee habitat needs for foraging, nesting and overwintering.

Document bumble bee observations: Scientists use verified observations submitted to public participation sites such as www.iNaturalist.org or www.BumbleBeeWatch.org.

Make pesticides your last option in battling weeds or pests. If you must use pesticides, always follow the label. Learn more about how to minimize pesticide impacts.

Create or enhance habitat for foraging, nesting, and overwintering.

Foraging - Bumble bees need a diverse and abundant supply of flowers with blooms available from spring through fall. Native wildflowers are the best sources of pollen and nectar. Learn how to build a pollinator garden. We also maintain a list of plants preferred by the rusty patched bumble bee.

Nesting – During the active season from spring to fall, rusty patched bumble bees typically build their nests in existing cavities, such as abandoned rodent burrows.

Overwintering – Rusty patched bumble bees overwinter by burrowing under a few centimeters of loose soil or leaf duff in forested areas. Keep these areas undisturbed in the fall, winter, and early spring.

Pollinator projects are great learning opportunities for scout troops, school groups and other youth clubs. We have a guide for creating schoolyard habitat projects.

Because of the risk of disease spread and resource competition, we discourage keeping honeybees in important bumble bee conservation areas.

If you discover a bumble bee nest, please leave it alone, if possible. Bumble bee nests are only active for a few months and will be abandoned in the fall. Rusty patched bumble bees are not known to re-use nesting sites. If you discover a rusty patched bumble bee nest, please notify your state’s U.S. Fish and Wildlife Service Ecological Services Field Office.

How do conferences for proposed critical habitat designations work for action agencies and the U.S. Fish and Wildlife Service (Service)?

The requirement for agencies to confer with the Service on the effects to proposed critical habitat is different than the requirement to consult on critical habitat that has been finally designated. Agencies are only required to confer with the Service under section 7(a)(4) on actions that are likely to cause the destruction or adverse modification of proposed critical habitat. Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species. Even if effects to proposed critical habitat are likely to be adverse in the area affected by a project, they may not meet the definition of destruction or adverse modification. After critical habitat is designated in a final rule, agencies need to consult with the Service on any action that may affect critical habitat – a substantially more sensitive trigger.

How does consultation for final critical habitat designations work for action agencies and the U.S. Fish and Wildlife Service (Service)?

For projects with a federal nexus that intersect with final critical habitat, like species consultations, the action agency will make a determination of no effect (NE), may affect not likely to adversely affect (NLAA), or may affect likely to adversely affect (LAA). If an action is likely to adversely affect critical habitat, the USFWS will then determine if the proposed action is likely to destroy or adversely modify the critical habitat adverse modification (analogous to the Service’s jeopardy analysis for a species). This analysis focuses on the entire critical habitat designation, unless otherwise identified in the rule.

Will high potential zone (HPZ) polygons still be used for consultations on the rusty patched bumble bee?

Yes. Rusty patched bumble bee HPZs will still be used for consultations on the species itself. HPZs are updated annually.