Final 4(d) Rule For Northern Long-Eared Bats Provides Needed Certainty, Additional Requirements For Wind Facilities

On January 14, 2016, the Fish and Wildlife Service finalized a rule exempting certain types of "take" of northern long-eared bats from the requirement to obtain an incidental take permit, pursuant to Section 4(d) of the Endangered Species Act. In the final rule, the Service has made all incidental (as opposed to purposeful) take exempt from the permitting requirement unless it is caused by tree removal (a) that occurs within a 0.25 mile buffer around known occupied northern long-eared bat hibernacula or (b) that cuts or destroys known occupied maternity roost trees, or any other trees within a 150-foot (45-m) radius around the maternity roost tree, during the pup season (June 1 through July 31). The obligation to obtain an incidental take permit for tree removal in the vicinity of occupied habitat only applies in an area designated as the "white nose syndrome buffer zone," the area of the country in which the bats have been affected by the incurable disease white nose