United States Department of the Interior FISH AND WILDLIFE SERVICE 200 Dulles Drive Lafayette, Louisiana 70506 August 30, 2019 Ms. Emlyn Smith Wildlife Biologist U.S. Forest Service Kisatchie National Forest Catahoula Ranger District Bentley, LA 71407 Dear Ms. Smith: Please reference your August 7, 2019, email and attachment, which transmits the North Gray Creek biological evaluation (BE) that assesses potential effects of proposed silvicultural activities in Compartments 89-93 on the Catahoula Ranger District of the Kisatchie National Forest in Grant Parish, Louisiana, to the threatened northern long-eared bat (NLEB; Myotis septentrionalis) and threatened Louisiana pearlshell (LPM; Margaritifera hembeli). The Fish and Wildlife Service (Service) has reviewed the information provided and offers the following comments in accordance with the Endangered Species Act (ESA) of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). As stated in the BE, the purpose to the proposed action is to implement specific resource management activities to move the habitat found within the project area toward the desired future conditions, in accordance with the Revised Land and Resource Management Plan (RLRMP, USFS 1999), with emphasis on maximizing commodity outputs while meeting all minimum management requirements. The proposed action would restore offsite loblolly pine forest to native longleaf and shortleaf pine forest and commercially thin forest stands to enhance health and vigor of the residual forest; to improve species composition, structure, function, and resiliency to insects and disease; and to harvest forest commodity. The proposed action also includes treatments to remove noxious weeds and non-native invasive plants. If implemented, the proposed action would be accomplished within the next five to ten years. The BE and “Table 3” of the BE provide a detailed description of the proposed action, summarized as follows: 1) Thinning approximately 1,523 acres of loblolly and slash pine stands, 1 2) Converting approximately 694 acres of offsite loblolly pine to native longleaf and shortleaf pine through pine regeneration activities, as follows: Clearcutting off-site species but leaving reserves of the existing shortleaf and longleaf pine within the regeneration stands; Preparing sites for planting through one or more of the following activities: herbicide application, burning, and mechanical chopping; Planting by hand longleaf and shortleaf pine seedlings; and Applying herbicides or prescribed burning to release the pine seedlings. 3) Applying herbicides (Triclopyr, Glyphosate & Imazapyr), mechanical removal, or prescribed burning on 2,158 acres of forested land to remove noxious weeds and non-native invasive plants. The BE states that the proposed project area is not found in the habitat management area for the endangered red-cockaded woodpecker (RCW, Picoides borealis) or the habitat management unit for the threatened Louisiana pinesnake (LPS, Pituophis ruthveni). Additionally, “Table 2” of the BE indicates that a RCW survey was conducted, which concluded that the RCW is not present in the proposed project area. “Table 2” also indicates that there is no suitable habitat for the LPS present in the proposed project area. Based on these reasons, potential impacts to these two species were not analyzed in the BE, and an ESA, Section 7 determination was not made by your agency. Northern long-eared bat According to the Final 4(d) rule and associated 2016 Biological Opinion (BO), incidental take is not prohibited unless it cuts or destroys known occupied maternity roost trees or any other trees within a 150-foot radius from the maternity roost tree during the pup season (June 1-July 31). The BE explains that there is a known maternity roost tree on the Catahoula Ranger District but the project location, approximately 7 miles from the maternity roost tree location, is outside of the 150-foot radius. In accordance with the final 4(d) rule and the 2016 BO, the planned project “may affect the NLEB but would not cause prohibited incidental take.” The Service agrees that your proposed project meets the provisions of the final 4(d) rule and the Service’s NLEB Programmatic BO (USFWS 2016) and that incidental take of NLEB from implementation of your proposed project is not prohibited (if it does not occur within 0.25 miles of known hibernacula or a 150-foot radius of a known maternity roost tree). Because the actions in your proposed project are consistent with the Land and Resource Management Plan for the Kisatchie National Forest (USFS 1999) and have been evaluated in the programmatic BO, consultation with our office is not needed for this proposed project, unless new location data is found for NLEB hibernacula or maternity roost sites within the proposed project area. Conservation Measures NLEB females do not exhibit annual site fidelity to maternity roost trees, and new breeders may be recruited into the area. Should these activities be conducted during the NLEB pup season, we recommend that your agency employs voluntary conservation efforts by conducting surveys of potentially affected suitable NLEB habitat within the proposed project area prior to project 2 implementation and during the same NLEB pup season (June 1 – July 31) that the project would occur to detect unknown, occupied maternity roost trees. If survey efforts find NLEB maternity roost sites, we request that a copy of the survey report with habitat and location data be provided to our office to assist us in better understanding the habitat use, distribution, and status of the NLEB in Louisiana. If an occupied, maternity roost tree is located within the proposed project area, follow conditions of the “Programmatic Biological Opinion on the Final 4(d) Rule for the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions” (NLEB PBO; Service 2016). Page 5 of the NLEB PBO expresses that all activities that could cause incidental take of NLEB are prohibited within a 150-foot radius of known, occupied maternity roost trees. Thus, in accordance with the NLEB PBO, the proposed project must be conducted outside of a 150-foot radius of occupied, maternity roost trees. Voluntary implementation of our conservation recommendations given above will meet your responsibilities as a federal agency under section 7(a)(1) of the ESA and allow a better understanding of the habitat use, distribution, and status of the NLEB in Louisiana. These conservation recommendations are also consistent with the voluntary conservation measures provided on pages 6-7 of NLEB PBO (2016) and provided for your reference on the last page of this document. Louisiana pearlshell Under the provisions of Section 7 of the ESA, your agency has determined that implementation of the proposed action is “not likely to adversely affect” the LPM because the proposed action incorporates all protective measures for the LPM that are specified in the Final Environmental Impact Statement/Revised Land and Resource Mgmt Plan for the Kisatchie National Forest (USFS 1999). Accordingly, we concur with your determination for the LPM. The Service recommends that your agency contact our office for additional consultation if: 1) the scope or location of the proposed project is changed significantly, 2) new information reveals that the action may affect listed species or designated critical habitat; 3) the action is modified in a manner that may causes effects to listed species or designated critical habitat; or 4) a new species is listed or critical habitat designated. Additional consultation as a result of any of the above conditions or for changes not covered in this consultation should occur before changes are made and or finalized. We appreciate the opportunity to consult on the proposed projects. If you have questions, please contact Ms. Monica Sikes (337/291-3118) of this office. Sincerely, Joseph A. Ranson Field Supervisor Louisiana Ecological Services Office 3 cc: LDWF, Baton Rouge, LA LITERATURE CITED U.S. Fish and Wildlife Service (USFWS). 2016. Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions. U.S. Fish and Wildlife Service, Bloomington, MN. 103 pp. U.S. Forest Service (USFS). 2019. North Gray Creek Biological Evaluation. Catahoula Ranger District, Kisatchie National Forest, Bentley, LA. U.S. Forest Service (USFS). 1999. Revised Land and Resource Management Plan for the Kisatchie National Forest. U.S. Forest Service, Kisatchie National Forest, Pineville, LA. 4 Attachment Northern Long-Eared Bat (NLEB) Conservation Measures to all Federal Agencies Per Section 7(a)(1) of the Endangered Species Act Provided in the Programmatic Biological Opinion on Final 4(d) Rule for NLEB and Activities Excepted from Take Prohibitions dated January 5, 2016 1. Perform NLEB surveys according to the most recent Range-wide Indiana Bat/NLEB Summer Survey Guidelines. 2. Apply additional voluntary conservation measures, where appropriate, to reduce the impacts of activities on NLEBs. Conservation measures include: a. Conduct tree removal activities outside of the NLEB pup season (June 1 to July 31) and/or the active season (April 1 to October 31). This will minimize impacts to pups at roosts not yet identified. b. Avoid clearing suitable spring staging and fall swarming habitat within a 5-mile radius of known or assumed NLEB hibernacula during the staging and swarming seasons (April 1 to May 15 and August 15 to November 14, respectively). c. Manage forests to ensure a continual supply of snags and other suitable maternity roost trees. d. Conduct prescribed burns outside of the pup season (June 1 to July 31) and/or the active season (April 1 to October 31). Avoid high-intensity burns (causing tree scorch higher than NLEB roosting heights) during the summer maternity season to minimize direct impacts to NLEB. e. Perform any bridge repair, retrofit, maintenance, and/or rehabilitation work outside of the NLEB active season (April 1 to October 31) in areas where NLEB are known to roost on bridges or where such use is likely.