These frequently asked questions will be updated depending upon the questions and comments the Service receives.
- What action is the U.S. Fish and Wildlife Service taking?
- If the main threat to these species is white-nose syndrome, why do these tools consider other potential threats to bats, such as tree removal and wind energy?
- Are project proponents required to use and follow these guidance documents if within the ranges of the northern long-eared bat and/or tricolored bat?
- How are forestry operations affected by this guidance?
- How can I determine if my project may impact the northern long-eared bat or the tricolored bat?
- If I’ve completed a consultation using the interim Northern long-eared bat Range-wide Determination key, do I need to redo it under the new Determination key (DKey)?
- Information for Planning and Consultation (IPaC) “official species lists” and determinations obtained through the Northern Long-eared Bat and Tricolored Bat Range-wide Determination Key (DKey) are valid for how long?
- Where are the northern long-eared bat and tricolored bat found, and where do these tools and guidance apply?
- How did the Service determine consultation ranges for northern long-eared bat and tricolored bat?
- If I have a multi-year project or only a portion of my project occurs within the northern long-eared bat and/or tricolored bat’s consultation range, should I consult on the entire project area or just the portion(s) that fall within the species’ consultation range(s)?
- Are summer surveys recommended for projects occurring outside of the consultation range for the northern long-eared bat and/or tricolored bat?
- Northern long-eared bats and tricolored bats in my area are not suffering from white-nose syndrome. Why should activities be curtailed?
- Why are the northern long-eared bat interim tools and guidance no longer found on the northern long-eared bat website
- How do wind energy guidance documents apply to single turbine projects in assessing risk to the northern long-eared bat or tricolored bat?
1. What action is the U.S. Fish and Wildlife Service taking?
The U.S. Fish and Wildlife Service is releasing finalized voluntary tools and guidance documents for the endangered northern long-eared bat and the proposed endangered tricolored bat that facilitate compliance under the Endangered Species Act (ESA) for development projects, wind facility operation, and sustainable forest management. These materials replace the interim tools and guidance for the northern long-eared bat that were issued March 31, 2023.
On April 1, 2024, a preview of these documents with a 30-day feedback period was offered so interested parties could familiarize themselves with changes from the interim guidance and have the opportunity to ask questions and provide feedback. Any substantive feedback on the draft materials shared by May 1, 2024, was considered in the development of these final documents.
2. If the main threat to these species is white-nose syndrome, why do these tools consider other potential threats to bats, such as tree removal and wind energy?
The primary factor threatening the endangered northern long-eared bat and the proposed endangered tricolored bat is white-nose syndrome. However, because populations of the bats are severely impacted by this disease, human activities and other factors that were not significant before can pose additional threats.
Bats may be directly impacted by tree removal that occurs during times when bats are active. Habitat loss and fragmentation may result in loss of suitable roosting or foraging habitat, requiring individuals to fly greater distances to rest and feed. Bats are also killed by collisions with wind turbine blades, which is consequential in combination with impacts from white-nose syndrome. In the U.S., wind energy development currently overlaps with 49% of the northern long-eared bat’s range and 53% of the tricolored bat’s range and is expanding.
Using our various conservation tools, authorities, and programs, the Service works with federal agencies and project proponents to avoid and minimize take of listed bats. Under Endangered Species Act (ESA) section 7, we consult with federal agencies to avoid and minimize adverse effects to listed species and issue exemptions to incidental take prohibitions. Under ESA section 10, we work with non-federal public and private groups and individuals to develop habitat conservation plans for listed species in situations where take cannot be avoided. These plans provide management flexibility and predictability for landowners, project managers and other non-federal groups while providing long-term conservation for listed species. The associated section 10 permit provides coverage from incidental take prohibitions in the ESA.
3. Are project proponents required to use and follow these guidance documents if within the ranges of the northern long-eared bat and/or tricolored bat?
No, these tools and guidance documents are voluntary. The goal of these materials is to provide predictability, consistency and efficiency in assessing risk to the endangered northern long-eared bat and the proposed endangered tricolored bat from various project types. Other agencies should not make these tools or guidance documents mandatory without consulting with the Service and following rulemaking processes under the Administrative Procedure Act as necessary.
4. How are forestry operations affected by this guidance?
Private forest landowners play a critical and beneficial role in the conservation of wildlife including forest-dwelling bat species such as the northern long-eared bat and tricolored bat. Forest landowners can help long-term conservation of bats by implementing sustainable forestry practices. The U.S. Fish and Wildlife Service has developed a list of voluntary ways private forest owners can obtain regulatory certainty while maintaining sustainable forestry operations.
5. How can I determine if my project may impact the northern long-eared bat or the tricolored bat?
The Northern Long-eared Bat and Tricolored Bat Voluntary Environmental Review Process for Development Projects Version 1.0 (Consultation Guidance) describes steps project proponents may take to address Endangered Species Act (ESA) compliance and promote conservation of the endangered northern long-eared bat. The Consultation Guidance is applicable for tricolored bat only if the final determination is to list the species as endangered under the ESA. This guidance is intended primarily for development projects including, but not limited to, infrastructure projects that result in the conversion or permanent removal of suitable summer and/or winter bat habitat.
The Range-wide Northern Long-eared Bat and Tricolored Bat Determination key (DKey) is described in the Consultation Guidance. It was developed to streamline review of routine, predictable projects that are not likely to adversely affect the endangered northern long-eared bat and/or the proposed endangered tricolored bat. The draft DKey was released for preview in April 2024. The final DKey is now available through the Information for Planning and Consultation (IPaC) website. Federal agencies are now able to receive automatic verification or concurrence for eligible projects and create official records for those outcomes for Endangered Species Act section 7 consultations for northern long-eared bat.
This option is also available for the tricolored bat under the ESA’s conferencing provisions for proposed species. If the tricolored bat is listed, the concurrence can be rolled over to satisfy the ESA’s consultation requirements for listed species. Currently the DKey can be used for federal actions occurring within the tricolored bat range to determine if conferencing may be advisable.
Wind energy projects can use the voluntary guidance to assess potential impacts to the endangered northern long-eared bat and the proposed endangered tricolored bat. We also outline voluntary options for regulatory certainty for sustainable forest management.
For specific questions about projects that may affect the northern long-eared bat and/or tricolored bat, please contact your local Ecological Services Field Office.
6. If I’ve completed a consultation using the interim Northern long-eared bat Range-wide Determination key, do I need to redo it under the new Determination key (DKey)?
The consultation range has changed for the northern long-eared bat based on the best available information; therefore, we recommend ongoing projects request a new official species list through the Service’s Information for Planning and Consultation (IPaC) website. If the northern long-eared bat appears on the IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
Learn more about IPaC -generated official species list, then we recommend re-running the project under the new DKey.
7. Information for Planning and Consultation (IPaC) “official species lists” and determinations obtained through the Northern Long-eared Bat and Tricolored Bat Range-wide Determination Key (DKey) are valid for how long?
All official species lists are considered valid and accurate for 90 days (50 CFR 402.12(e)). After 90 days, the Service recommends project proponents confirm their results in IPaC by requesting an updated official species list for their project in IPaC. However, project proponents may re-check results on IPaC at any time as needed. Project proponents will be notified within their project record when there are changes that may prompt re-checking results. The Service plans to incorporate new data into the current range maps annually.
Determinations obtained through the DKey do not expire unless reinitiation of consultation is required. The following “triggers” for reinitiation of consultation apply to projects evaluated in the DKey: 1) new information reveals effects of the project that may affect listed species or critical habitat in a manner or to an extent not previously considered; or 2) the project is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered previously.
For the first trigger, the Service will change the DKey due to new information as needed annually. After we implement a major update to the DKey, users will see a notification in IPaC that there has been a change in the DKey that may affect the accuracy of the prior determination. These notifications will be visible when users view their project list in IPaC or are looking directly at an individual project. For the second trigger, it is the responsibility of the action agency to re-evaluate the project in IPaC or contact the local Service Ecological Services Field Office if the project is modified. For example, if the scope or location of the project changes, you should re-evaluate the project in IPaC.
8. Where are the northern long-eared bat and tricolored bat found, and where do these tools and guidance apply?
The endangered northern long-eared bat is found in 37 states in the eastern and north central United States, the District of Columbia, and eight Canadian provinces from the Atlantic Coast west to the southern Northwest Territories and eastern British Columbia. The proposed endangered tricolored bat is found in 39 states and the District of Columbia, all east of the
Rocky Mountains, along with southern portions of four Canadian provinces from the Atlantic Coast west to the Great Lakes, and portions of Mexico, Guatemala, Honduras, Belize, and Nicaragua near the Gulf of Mexico.
The tools and guidance documents apply within the consultation ranges for the northern long-eared bat and will apply for the tricolored bat if the final determination is to list the species as endangered. Consultation range maps can be found on the northern long-eared bat species webpage and the tricolored bat species webpage and can be downloaded through species’ ECOS pages.
The exception is the Land-based Wind Energy Voluntary Avoidance Guidance for the Northern Long-eared Bat and Land-based Wind Energy Voluntary Avoidance Guidance for the Tricolored Bat, which apply within the species’ wind range maps, which can be found on the species’ northern long-eared bat wind guidance site and the tricolored bat wind guidance site. In general, we recommend these wind range maps be used when evaluating the impacts of wind projects to northern long-eared bats and/or tricolored bats.
9. How did the Service determine consultation ranges for northern long-eared bat and tricolored bat?
We determined consultation ranges, the area where a species may be present within the United States, for the endangered northern long-eared bat and proposed endangered tricolored bat using a combination of direct and modeled occurrence data. First, we buffered locations of known occurrences directly observed in recent years. We then developed species-specific occurrence predictions using the North American Bat Monitoring Program’s (NABat) Integrated Summer Species Distribution Models (models) for each species. These multivariate models predict occupancy by integrating all available acoustic and capture presence/absence records with a variety of environmental factors to predict occupancy, while also accounting for survey effort and differences in detection. The models also account for significant declines in northern long-eared bat and tricolored bat numbers due to white-nose syndrome across much of their ranges. The Service plans to incorporate new data annually to improve these NABat models over time. See “Consultation Range” section in Northern Long-eared Bat and Tricolored Bat Voluntary Environmental Review Process for Development Projects Version 1.0 (consultation guidance) for a more detailed discussion.
10. If I have a multi-year project or only a portion of my project occurs within the northern long-eared bat and/or tricolored bat’s consultation range, should I consult on the entire project area or just the portion(s) that fall within the species’ consultation range(s)?
It is the action agency or project proponent's decision on whether to include the entire project area versus only the area that falls within the northern long-eared bat consultation range. However, for long-term projects it may be advisable to consider the entire project area for predictability, as well as the range of the proposed endangered tricolored bat. We recommend reaching out to the local U.S. Fish and Wildlife Service Ecological Services Field Office for further guidance on individual projects.
11. Are summer surveys recommended for projects occurring outside of the consultation range for the northern long-eared bat and/or tricolored bat?
The decision to conduct surveys for endangered northern long-eared bat and proposed endangered tricolored bat outside of their consultation range is at the discretion of the action agency or project proponent. We do not anticipate effects to either species outside of their consultation range; however, we will update the consultation range annually based on new information. For long-term projects that will be carried out over multiple years, project proponents requiring more certainty and predictability may prefer to conduct surveys outside of the consultation range. For projects that occur partially within the consultation range for northern long-eared bat and/or tricolored bat, surveys may be advisable throughout the entire project area. However, the decision to conduct surveys ultimately lies with the action agency or project proponent.
12. Northern long-eared bats and tricolored bats in my area are not suffering from white-nose syndrome. Why should activities be curtailed?
Environmental and biological factors may contribute to the northern long-eared bat and tricolored bat being less susceptible to white-nose syndrome in portions of their ranges where the species are active year-round. Both northern long-eared bat and tricolored bat in much of the southern portions of their ranges exhibit shorter torpor bouts (i.e., a state of lowered body temperature and metabolic activity) and remain active and feed year-round. These areas may be particularly important for recovery as refugia from white-nose syndrome. In addition, take (harming or killing) of endangered species is prohibited by the Endangered Species Act regardless of the main threat to the species. The northern long-eared bat is listed as endangered and the tricolored bat is proposed for listing as endangered. Federal agencies must consult with the Service when any project or action they authorize, fund or carry out may affect a federally listed species or designated critical habitat, regardless of whether the predominant threat is impacting the species in the project area. For federally proposed species, such as the tricolored bat, a conference is required only when the proposed action is likely to jeopardize the continued existence of the species.
13. Why are the northern long-eared bat interim tools and guidance no longer found on the northern long-eared bat website?
The finalized tools and guidance documents for both the endangered northern long-eared bat and proposed endangered tricolored bat replace the interim northern long-eared bat tools published in spring 2023. The northern long-eared bat interim tools are not valid for new projects and therefore were removed from the Service's northern long-eared bat species website.
14. How do wind energy guidance documents apply to single turbine projects in assessing risk to the northern long-eared bat or tricolored bat?
The wind energy guidance documents for northern long-eared bat and tricolored bat are not specifically tailored for small, distributed wind projects involving single turbines. These projects typically pose lower risk to listed bat species due to their singular nature and smaller rotor-swept zone. Distributed wind energy projects are usually subject to 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 consultation with the lead federal agency. Consultations for such projects may be conducted either individually or programmatically through the lead federal agency. During the consultation process, the Service acknowledges and considers logistical constraints.
15. What should I do if my project was issued a streamlined biological opinion for the northern long-eared bat under the previously available Interim Consultation Framework, but this project has not been completed?
We released the final tools and guidance documents on October 23, 2024. At that time the final tools and guidance documents replaced the NLEB's interim products; however, the NLEB Interim Consultation Framework was still valid for use by federal agencies through November 30, 2024. For federal agency projects not completed by November 30, 2024 that previously were issued streamlined biological opinions for NLEB under the Interim Consultation Framework, a memorandum (memo) was released with recommended next steps for these projects. This memo states that agencies that have not completed their projects by November 30, 2024 do not need to contact the Service if the only change to their project is that it will continue after November 30, 2024. It also outlines the process to follow if reinitiation is needed based on reinitiation criteria described at 50 CFR 402.16, such as exceeding the amount of take. This memo can be be found here.
