Implementing a Rangewide Programmatic: The Indiana Bat and Northern Long-Eared Bat Programmatic Consultation in Practice

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Implementing a Rangewide Programmatic: The Indiana Bat and Northern Long-Eared Bat Programmatic Consultation in Practice Brian Yanchik, Federal Highway Administration Dan Buford, Federal Highway Administration Robyn Niver, U.S. Fish & Wildlife Service Julianne Schwarzer, United States Department of Transportation Volpe Center Eric Ham, Maine Department of Transportation Glen Gingras, Vermont Agency of Transportation Tim Dexter, Massachusetts Department of Transportation Northeastern Transportation & Wildlife Conference September 12, 2016

Session Overview I. Session Overview Julianne Schwarzer II. Making of a Programmatic Brian Yanchik III. Details of the Programmatic IV. State Perspectives V. Panel Discussion Robyn Niver Eric Ham, Glen Ginras, Tim Dexter 2

Background Indiana bat (Myotis sodalis) Federally endangered species, listed 1967 Found over most of the Eastern half of the United States Hibernate in large numbers in caves Roost in summer in tree snags Image courtesy FWS 3

Background Northern long-eared bat (Myotis septentrionalis) Federally threatened, listed 2015 Found in 37 states from the Atlantic coast westward to eastern Montana and Wyoming Threatened by white-nose syndrome 4

Background Consultation and mitigation approaches Vary greatly across the bats ranges Have been rapidly changing in recent years Will evolve independently in response to whitenose syndrome Such variations and changes cause uncertainty, conflict, delays, large workloads for agencies 5

Project History FHWA proposed collaboration with FWS to develop a rangewide Conservation and Consultation Strategy focused on Indiana Bat Other modal agencies, FTA and FRA, then joined the working group Image courtesy FWS 6

Project History 2012 2015 2016 FHWA and FWS agree to develop a range-wide Conservation and Consultation Strategy FHWA, FTA and FRA and supported by the USDOT Volpe Center. Collaborative development of programmatic, biweekly meetings FHWA and FWS released the Programmatic Informal Consultation, in conjunction with USDOT partners FWS signed Programmatic Biological Opinion, effects of select transportation actions 7

Project Summary Programmatic consultation One of the largest, spanning five Regions and covering 38 States and the District of Columbia Includes streamlined consultation procedures, which reduce agencies workload and ensuring appropriate interagency coordination of actions The conservation measures will further landscape-scale conservation for both bat species, and species which use similar forested habitats 8

Formal and Informal Programmatic The rangewide consultation covers both the Indiana bat and the northern long-eared bat (NLEB). It is the culmination of a partnership between FHWA/FTA/FRA and USFWS, and is consistent with the major goals of this effort: 1) Landscape-scale conservation for both the Indiana bat and NLEB. 2) To reduce time, cost, and workload associated with ESA Section 7 consultation Image courtesy FWS 3) To create consistency in ESA Section 7 consultation for the two bat species across their ranges 9

Outcomes to Date Programmatic informal used on over 919 projects, in at least 18 States For State DOTs, methodology repeatable, simple Avoids effects analysis or extensive documentation by State DOTs to inform the informal consultation State DOTs now simply fill out project submission form, 20-30 minutes to complete 10

Outcomes to Date Standard practice for informal consultation: 30 days for FWS respond to project lead agency, often with weeks of back and forth, then conduct surveys for 6 months 1 year Using the programmatic, process takes 14 days from receipt of project submittal, often completed within 8 days FHWA Image 11

Outcomes to Date State DOTs are aware of surveys they need to conduct earlier, and may do so in a more systematic way More transparency and predictability to FHWA and State DOTs through proactive planning The range-wide consultation has increased consistency for partnering agencies throughout the species range 12

Team Members Image courtesy FWS FWS: Forest Clark Phil DeGarmo Sumalee Hoskin Catherine Liller Robyn Niver Kimberly Smith Jerry Ziewitz FHWA: Dan Buford Cindy Callahan Marlys Osterhues Brian Yanchik FTA: Sharyn LaCombe FRA: Andrea Martin Volpe Center: Jon Cybulski Anjuliee Mittelman Julianne Schwarzer 13