Managing for Myotis and Mussels · Managing for Myotis and Mussels The impact of protected bat and mussel species ... Clubshell Fanshell

Managing for Myotis and MusselsThe impact of protected bat and mussel species on project planning

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

ENDANGERED SPECIES PROTECTIONRegulatory basis for protection of bats and mussels

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)

PROTECTED BAT (MYOTIS) SPECIES Indiana and northern long-eared bats

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.

PROTECTED MUSSEL SPECIESFederal and state protected mussels in Ohio

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:

CASE STUDIES

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)

QUESTIONS?EMH&T5500 New Albany RoadColumbus, OH 43054614-775-4500

Christy PirkleSenior Environmental Scientist, [email protected]

Heather DardingerSenior Environmental [email protected]