managing for myotis and mussels · managing for myotis and mussels the impact of protected bat and...
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OVERVIEW
Endangered Species Protection
Myotis Species Indiana bat (Myotis sodalis) Northern long-eared bat (Myotisseptentrionalis)
Habitat characteristics Schedule considerations
Mussels Ohio Mussel Survey Protocol Schedule considerations
Case Studies
PROTECTION OF BAT SPECIES
Federal Protection –Endangered Species Act (ESA):
Provides for the conservation and protection of threatened and endangered species and their habitats
Administered by the U.S. Fish and Wildlife Service (USFWS)
PROTECTION OF BAT SPECIES
When does the Endangered Species Act Apply?
Section 7 - Requires consultation with USFWS for all federal actions that may affect a listed species
Section 9 – Unlawful for anyentities (public or private) to “take” an endangered or threatened species
PROTECTION OF MUSSEL SPECIES
Federal and State Protection:
Federally listed mussel species on Endangered Species list
Ohio Revised Code 1533.324 –“No person shall take mussels or sell mussels taken in this state.”
Ohio Mussel Survey Protocol (Updated April 2015) – protocols for determining presence or absence of mussels
Administered by Ohio Department of Natural Resources (ODNR) and US Fish and Wildlife Service (USFWS)
MYOTIS SPECIES
Indiana bat (Myotis sodalis)
Federally-listed endangered since 1967
Hibernates in caves and mines; summer habitat includes riparian corridors and forests
Potentially present statewide; rarely found
MYOTIS SPECIES
Northern long-eared bat (Myotisseptentrionalis)
Federally-listed threatened as of April 2, 2015 due to impacts from white-nose syndrome (WNS)
Hibernates in caves and mines; roosts and forages in forests during summer
Potentially present statewide; often found
MYOTIS HABITAT
Got habitat?
If there are trees within your project area, we recommend you assume that the answer is YES.
Project may affect the Indiana or NLE bat when suitable habitat (trees) exist in the project area and will be impacted (cleared).
Now addressing trees with 3”+ diameter for NLE bat (low threshold)
USFWS CONSULTATION
If habitat is present, consult with USFWS and propose measures to minimize impacts:
Minimize tree clearing and avoid “high quality” habitat
Identify and avoid cutting potential roost trees
If tree clearing cannot be avoided, adhere to seasonal clearing restrictions (clear only between October 1 and March 31)
SCHEDULE CONSIDERATIONSUnderstand and PLAN AHEAD!
Construction season in Ohio is typically March to October
If a decision is made in April to start construction, and trees have not been cleared, you may have to wait until October 1.
Typically a 30-day response time from USFWS
USFWS may require a mist-net survey (i.e. capture bats), which can only be done from May 15 -August 15
Vendor availability
SCHEDULE CONSIDERATIONSTo summarize: If your project cuts trees then
bats are a consideration for you Initial consultation with USFWS
typically takes 30 days; needed for 404 waterway permit or any projects with federal nexus
Winter clearing window is October 1 – March 31
Bat mist net surveys must be conducted May 15 – August 15
If NLEB is found via survey or previously documented in the area, then best case is winter clearing
Will habitat be impacted?
Consult with USFWS (30
days); propose minimization
methods
USFWS requires survey?
Consult with USFWS (30
days); document lack
of habitat
Receive concurrence from USFWS
Proceed with project
Additional impacts/ changes?
Coordinate to conduct summer
survey (May 15-Aug 15)
Indiana bat found?
Coordinate to conduct
emergence survey, if needed
NO
YESYES
YES
Additional Section 7 and 10 consultation
required
Proceed with winter clearing (Oct 1-Mar 31)
NO
NO
OCT-MAR
Any bats observed?
APR-SEP
YES
NO
BAT CONSULTATION FLOWCHART
NLEB found?
YES*
YES* / NO**
(Under a Federal Permit or Federal Funding)
*In some cases, additional consultation may be required by USFWS for the NLEB. However, typically just winter clearing will be required.
**Even if a NLEB is not found, winter clearing will likely still be required, especially if there are records of NLEB captures in the area.
MUSSELS IN OHIO All native mussels are protected
by state law in Ohio (ORC 1533.324)
In addition, 10 federally-listed threatened or endangered species occur in Ohio: Clubshell Fanshell Northern riffleshell Pink mucket pearlymussel Purple cat’s paw pearlymussel Rabbitsfoot Rayed bean Sheepnose Snuffbox White cat’s paw pearlymussel
OHIO MUSSEL SURVEY PROTOCOL Mussel survey protocols for the State of Ohio were released in
2013 (most recent version – April 2015)
Joint effort by ODNR and USFWS
Categorizes Ohio streams into five groups (Unlisted, Groups 1-4) based on drainage area and potential for finding federally-listed species (FLS)
OHIO MUSSEL SURVEY PROTOCOL
Methods:
Reconnaissance Survey: Used to determine presence or absence on Group 1 and unlisted streams
Phase 1 and Phase 2 surveys
Mussel relocations
Survey season: May 1 – October 1 (acceptable conditions)
OHIO MUSSEL SURVEY PROTOCOL
When is a mussel survey required?
All streams which contain mussels or potential mussel habitat must be surveyed prior to any proposed disturbance
Mussel Protocol addresses listed streams and streams with watersheds >10 sq.mi.
SCHEDULE CONSIDERATIONS
Survey season is May 1 – Oct 1 Surveys are highly weather
dependent; must meet workable flow and visibility requirements
Survey data is valid for five years from the date of the survey
Relocations are to be done in the same field season as expected impacts, or in the previous field season if impacts will occur before June 15
Vendor availability and time for agency coordination
SCHEDULE CONSIDERATIONS
Recommend familiarizing yourself with listed streams in your jurisdiction (Appendix A)
If you are in a stream with potential for Federal Listed Species (Groups 2 and 4), expect a longer process.
Other Recommendations:
PROJECT EXAMPLES
Oil & Gas Rail Facility
Utility Stream Crossing
Bridge Replacement over Group 1 Mussel Stream
Indiana bats, visible or otherwise, could influence construction deadline for North Ridgeville football stadium
OIL & GAS RAIL FACILITY
Construction of multi-phase rail yard facility in Harrison County, OH
First phase, permitted under a NWP, required 41 acres of tree clearing
Coordinated with USFWS Nov. 2014
Initial response required summer survey due to amount of clearing, proximity to confirmed records of NLEB
Significant conflict with planned summer 2015 construction
OIL & GAS RAIL FACILITY
EMH&T met in person with USFWS staff
Site visit with USFWS was conducted to demonstrate that forested habitat was not high quality
USFWS concurred and revised their recommendations No survey required Winter tree clearing required due
to NLEB (October 1 – March 31)
Site was cleared prior to March 31and project was constructed without delay in Summer 2015
UTILITY STREAM CROSSING
Stream crossing of Group 1 mussel stream in SE Ohio needed for new pipeline
Mussel reconnaissance survey required
Pipeline construction needed to occur outside of May 1 –October 1 survey window
To avoid impacts (and need for survey), decision was made to bore (trenchless HDD) the pipeline below the streambed
BRIDGE REPLACEMENT
Replacement of bridge carrying a US Route over a Group 1 mussel stream in NW Ohio
Mussel reconnaissance survey completed; mussels found
Qualitative timed survey and relocation required
Survey and relocation were conducted in field season prior to construction (work was to occur early in the summer)
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