Lakes States Forest Management Bat Habitat Conservation Plan

Northern long-eared bat in cave.

March 2023 Update – U.S. Fish and Wildlife Service develops interim tools and voluntary guidance for the northern long-eared bat

The U.S. Fish and Wildlife Service (USFWS) recently released interim tools and guidance to help stakeholders transition to the reclassification of the northern long-eared bat from threatened to endangered under the Endangered Species Act. These products include an interim Section 7 Consultation framework, a determination key, interim guidance for wind energy operations, and interim guidance for habitat modification. Please refer to the USFWS northern long-eared bat website for full details on these resources.

February 2023 Update – Bat HCP Finalized and Incidental Take Permit Issued

Early in 2023 the Minnesota Department of Natural Resources (DNR) finalized the Lake States Forest Management Bat Habitat Conservation Plan (Bat HCP). As a result of completing the Bat HCP, the DNR’s Incidental Take Permit (ITP) from the U.S. Fish & Wildlife Service (USFWS) for the four covered bat species in the Bat HCP was issued and signed by all parties on February 6, 2023. The ITP will ensure forest management activities in endangered bat habitat on DNR-managed land can continue without additional consultation with USFWS.

Through the ITP, the DNR can extend take authorization to eligible nonfederal landowners through a Landowner Enrollment Program (LEP). The DNR is currently developing the internal programming that is needed to begin making the LEP available for landowners. More information about the LEP will be shared via the Bat HCP newsletter and this webpage when the program is ready to announce.

January 2023 Update – U.S. Fish and Wildlife Service has extended the effective date to reclassify northern long-eared bat as endangered

The U.S. Fish and Wildlife Service (USFWS) is delaying the effective date of the final rule to reclassify the northern long-eared bat from threatened to endangered (known as uplisting) under the Endangered Species Act. The agency is extending the effective date by 60 days, from January 30, 2023, to March 31, 2023. The extension will allow the Service to finalize conservation tools and guidance to avoid confusion and disruption for landowners, federal partners and industry with projects occurring in suitable habitats within the northern long-eared bat’s 37-state range.

The Service is not accepting public comment on the extension. A Federal Register notice extending the effective date of the final reclassification for the northern long-eared bat was published on January 26, 2023, under Docket No. FWS-R3-ES-2021-0140.

Between now and when the uplisting becomes effective, the DNR encourages landowners to continue to follow the current northern long-eared bat 4(d) rule. After March 31, 2023 the DNR encourages landowners to follow any USFWS-issued guidance for landowners and/or seek an appropriate permit for their activities if warranted. The USFWS is developing “general timber management guidance that will aid in assessing risk and provide recommendations to avoid and minimize impacts to northern long-eared bats” (Northern Long-Eared Bat Final Rule FAQ). Landowners can consult with the FWS Minnesota-Wisconsin Ecological Services Field Office about their activities and complying with the ESA.

If you have questions about the northern long-eared bat uplisting, please contact Shauna Marquardt, Field Supervisor for the Minnesota Wisconsin Ecological Services Field Office at (952) 252-0092.

If you have questions about the Bat HCP, please email [email protected].

 

Bat populations are rapidly declining due to the fungal disease white-nose syndrome, and more species may soon be reclassified as endangered under the federal Endangered Species Act. Once a species is reclassified as endangered, direct harm to individuals of that species is prohibited by the Endangered Species Act. The DNR is committed to the conservation of Minnesota’s wildlife and forest ecosystems, and by managing for healthy forest habitat, we can help Minnesota’s imperiled bat populations. In partnership with the Wisconsin DNR and Michigan DNR, we developed the Lake States Forest Management Bat Habitat Conservation Plan (Bat HCP). While unintended impacts to individual bats may result during forest management activities, the states will support the recovery of the bat species and conserve bat habitat through the implementation of the Bat HCP. The biological objectives outlined in the Bat HCP and implemented by the states will offset any unintended impacts to individual bats and will benefit bat species populations as well as individuals.

What is a Habitat Conservation Plan (HCP)?

An HCP is a mechanism for compliance with ESA for a given set of activities and protected species. This HCP describes the potential positive and negative impacts of forest management on bats and details biological objectives to offset forest management impacts on bats. An HCP is required by the U.S. Fish and Wildlife Service (USFWS) as part of an application for an incidental take permit (ITP). An ITP will ensure forest management activities in endangered bat habitat can continue without additional consultation with USFWS.

The DNRs for Minnesota, Wisconsin, and Michigan developed the HCP to provide a plan and compliance strategy for the sustainable forest management activities performed as land administrators. Other eligible non-federal public or private landowners may be able to have their forest lands covered by the provisions of the Bat HCP through a Landowner Enrollment Program. Landowners have the option to develop their own HCP or other Endangered Species Act compliance strategy through the USFWS, if desired. The USFWS Habitat Conservation Plans website has more information about HCPs.

How to get involved?

The Bat HCP has been finalized and the Minnesota DNR has received the Incidental Take Permit (ITP) for the four covered bat species in the Bat HCP. Through the ITP, the DNR can extend take authorization to eligible nonfederal landowners through a Landowner Enrollment Program (LEP). The DNR is currently developing the internal programming that is needed to begin making the LEP available for landowners. Landowners will also have the option to develop their own HCP or other Endangered Species Act compliance strategy through the USFWS, if desired.

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What should I know?
  • Fast-spreading white-nose syndrome is increasing the likelihood that federally threatened bat species will be reclassified as endangered under the federal Endangered Species Act in the near future. On November 30, 2022 the U.S. Fish and Wildlife Service (USFWS) announced that the northern long-eared bat has been uplisted from threatened to endangered. The uplisting becomes effective on March 31, 2023.
  • The Minnesota, Wisconsin and Michigan DNR have developed a joint, large-scale Habitat Conservation Plan (HCP). The HCP describes the potential positive and negative impacts of forest management for bats, and details conservation objectives to offset forest management impacts on bats.
  • Other eligible non-federal public, tribal, or private forest landowners in Minnesota may be able to cover their forest lands under the provisions of the HCP through an enrollment option. They have the option to develop their own HCP through the USFWS, if desired.
  • The HCP integrates forest practices with conservation objectives to support bat populations. Input from forest landowners, forest managers, conservation groups, and other stakeholders is essential to developing an effective HCP.
Why are Minnesota's bats important?
  • Bats are a critical component of a healthy ecosystem. A bat can consume its weight in insects every night, reducing the need for agricultural pesticides and decreasing mosquito populations.
  • White-nose syndrome has caused up to 97-100 percent declines in infected bat populations across the country. Many cave-hibernating forest bats are at risk because of this disease.
  • Forest management activities benefit bats and other wildlife, while maintaining healthy forests and generating income for landowners and timber companies.
  • Many of Minnesota’s bats spend spring, summer, and fall in the state’s forests, roosting in tree cavities and crevices and under loose bark. Female bats give birth to young while in these tree roosts. Before they are able to fly, young bats may be vulnerable to impact by normal forest management activities that include tree removal and prescribed burning.
  • During the winter, many bats hibernate in caves and other structures throughout Minnesota.
  • Minnesotans want healthy bat populations that have access to the habitat they need to thrive and reproduce.
Why does Minnesota need a Habitat Conservation Plan?
  • In 2015, in response to the effects of white-nose syndrome, the U.S. Fish and Wildlife Service (USFWS) designated the northern long-eared bat as threatened under the federal Endangered Species Act.
  • The 2015 designation included special provisions to allow for continued management of forest habitat through a 4(d) rule.
  • In 2022, the northern long-eared bat was reclassified as endangered, effective March 31, 2023. Once that happens, the special provisions under the 4(d) rule will no longer be available.
  • An Incidental Take Permit (ITP) will allow forest management to continue with modifications, while also allowing for the potential for the incidental take of bats.
  • The USFWS can issue an ITP only if the applicant develops a Habitat Conservation Plan (HCP).
  • The HCP describes the potential positive and negative impacts of forest management on bats, and biological objectives designed to provide a net positive impact on bats.
What is the DNR's role in the Habitat Conservation Plan?
  • In partnership with the Wisconsin and Michigan DNRs, we have developed the Lake States Forest Management Bat Habitat Conservation Plan (Bat HCP).
  • DNR experts in bat conservation and sustainable forest management guided development of the Bat HCP.
  • While the Bat HCP was developed by all three state DNRs, each applied for their own Incidental Take Permit (ITP) from the USFWS. Each DNR may extend its take authorization (through the ITP) to other non-federal and non-state landowners via a Landowner Enrollment Program.
  • The Bat HCP has allowed us to apply for an ITP. The ITP will have a 50-year permit term during which the HCP provisions will be implemented.
What is in the Lakes States Forest Management Bat Habitat Conservation Plan?
  • The Bat HCP is comprised of eight chapters and several appendices. It provides a framework to avoid, minimize, and mitigate for potential site-level effects on bats while allowing the state DNRs and eligible landowners to conduct forest management activities in Michigan, Minnesota, and Wisconsin. Input from forest land owners, forest managers, conservation groups and other stakeholders was essential to developing an effective HCP.
  • The Bat HCP covers three of the cave-dwelling bat species found in Minnesota: Northern Long-Eared Bat, Little Brown Bat, and Tri-colored Bat. The Bat HCP also covers the Indiana Bat, which is not found in Minnesota.
  • The covered lands of the Bat HCP includes all forestlands not owned or managed by the federal government and occurring within the states of Michigan, Minnesota, and Wisconsin. State DNR-owned or managed lands will be definitively covered by the incidental take permit. Other nonfederal lands (county and municipal, Tribal, and private forestlands) are eligible lands that can be covered by the permit through a Landowner Enrollment Program if program criteria are met.
  • Covered activities in the Bat HCP include:
    • Timber harvest and related forest practices, including regeneration harvest, intermediate harvest, salvage/sanitation, and temporary forest roads
    • Construction, maintenance, and use of roads and trails for forest management and recreational use on State DNR lands, as well as county lands covered by the landowner enrollment program
    • Prescribed fire, including fire breaks and burning
    • HCP implementation including bat monitoring and habitat restoration
  • The Bat HCP Conservation Strategy includes five main biological goals to:
    • Maintain Healthy Forests
    • Protect Roosts and Foraging Habitat
    • Promote stewardship on other lands
    • Protect Hibernacula
    • Avoid/Minimize Negative Effects of Covered Activities
What do forest land owners need to know?
  • If any of Minnesota's bats are reclassified as endangered under the federal Endangered Species Act, forest landowners may need to consider the effect of their activities on the endangered bats.
  • Eligible non-federal public, tribal, or private forest landowners in Minnesota may be able to have their forest lands covered by the provisions of the Habitat Conservation Plan (HCP) through the Landowner Enrollment Program (LEP). Landowners may be eligible to enroll in the LEP if their land contains known roost trees or hibernacula, or if their landholding is large enough that bat presence is likely.
  • Participation in the HCP is voluntary but will be an option for some landowners to demonstrate compliance with the Endangered Species Act.
  • Participants in the HCP will know they are complying with federal regulations and will provide conservation benefits to bat species while managing their forest.
  • Landowners also have the option to develop their own HCP or other Endangered Species Act compliance strategy through the USFWS, if desired.
What is the Landowner Enrollment Program?
  • DNR’s take authorization (through our ITP) may be extended eligible landowners through participation in the Landowner Enrollment Program (LEP). This includes county, municipal, private, and tribal landowners. Landowners may be eligible to enroll in the LEP if:
    1. they are conducting one or more covered activities on their lands, which includes timber harvest and related forestry practices; construction and maintenance of county forest roads and trails; prescribed fire; and HCP implementation such as bat monitoring and habitat restoration; and
    2. they meet one or more of the following eligibility criteria:
      • their land contains known occupied maternity roost trees or is within a quarter mile of a known hibernacula entrance
      • their landholding is large enough that bat presence is likely (in Minnesota, this is 10,000 or more acres)
  • Participants will be responsible for implementing portions of the HCP Conservation Strategy on their enrolled lands. The conservation actions for LEP participants is a subset of the HCP Conservation strategy for which the DNR is responsible (See the dropdown above for more information on “What’s in the Lake States Forest Management Bat Habitat Conversation Plan?”).

Contact

Please email questions to [email protected].

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