Light the Bat Signal! Northern Long-Eared Bat Listing Up In the Air
Northern long-eared bat
In filings dated January 28, 2020, the U.S. District Court, District of Columbia, found that the U.S. Fish and Wildlife (USFWS) listing of the northern long-eared bat (Myotis septentrionalis) was arbitrary and capricious and remanded the listing decision of “threatened.” This will require that the USFWS re-visit the listing, which could have some serious implications for projects throughout its range, including Virginia and Maryland.
Threatened Species Critical Habitat Proposed in MD, VA, NC
The U.S. Fish and Wildlife Service published a proposed rule on February 6, 2020 to officially designate critical habitat for the yellow lance (Eliptio lanceolata), a federally threatened species of freshwater mussel. The proposed critical habitat has been identified along specific reaches of rivers and streams in Maryland, Virginia, and North Carolina.
Maryland Stream Use I and Use IV Time of Year Restrictions Begin March 1
Every waterway in Maryland is protected by restrictions on instream work to help minimize impacts to aquatic habitats during construction projects. The Time of Year Restrictions (TOYRs) for Use I (Nontidal Streams) and Use IV (Recreational Trout Waters) streams both begin March 1 and extend until June 15 and May 31, respectively. The Maryland Department of the Environment (MDE) enforces these restrictions by routinely visiting job sites, and will shut down those projects that are in violation.
Unnamed perennial tributary to Muddy Branch, Malcolm King Park, Gaithersburg, MD
Spring Transitions – Bat Time of Year Restrictions
Indiana bat
As we transition into warmer weather across Virginia and Maryland, bats in the area are emerging from their winter roosts as they transition to migration and breeding seasons. If your projects involve tree clearing, you may need to follow time of year restrictions for those bat species recognized as threatened or endangered under the Endangered Species Act.