West Virginia Field Office

694 Beverly Pike

Elkins, West Virginia 2624l

December 16, 2005

Mr. Michael Rains, Station Director

Northeast Research Station

11 Campus Boulevard, Suite 200

Newtown Square, Pennsylvania 19073

Re: Final Biological Opinion, Northeast Research Station

Dear Mr. Rains:

This document transmits the U.S. Fish and Wildlife Service\'s
(Service\'s) final biological opinion (BO) on the proposed five year
plan of research activities scheduled on the U.S. Department of
Agriculture's Fernow Experimental Forest (FEF) located in Parsons, West
Virginia, and its effects on federally listed species in accordance with
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.). This final BO is based on information provided in the
December 2004 biological assessment (BA), the April 2005 environmental
impact statement; discussions between our respective offices; and other
sources of information.

**CONSULTATION HISTORY**

A previous formal consultation for the 2000 to 2005 research plan was
completed on November 28, 2000. In the summer/fall of 2004, Service
biologists met with representatives from the FEF numerous times either
in person or by phone to discuss conceptual project plans, ongoing
research activities, and results of previous studies. The BA for the
project was received on December 15, 2004. Subsequent discussions
between staff from the FEF and the Service resulted in the FEF sending a
letter requesting initiation of formal consultation on April 25, 2005.
This request for formal consultation was received on May 2, 2005. The
Service sent a letter confirming initiation on May 25 2005. The Service
submitted a draft BO on September 23, 2005. The Service and staff at the
FEF discussed potential revisions to the draft BO in electronic mail
correspondence dated September 28-29 and October 4, 14 and 17, 2005. On
November 18, 2005 the Forest Service sent a letter requesting a final
version of the BO. This BO addresses the potential adverse effects of
the proposed project the Indiana bat (*Myotis sodalis*). In addition,
the information provided below documents measures that will be
implemented to avoid adverse effects to running buffalo clover (RBC)
(*Trifolium stoloniferum*).

**RUNNING BUFFALO CLOVER**

The Service listed the RBC as endangered on July 6, 1987, and completed
a revised recovery plan in 2005. RBC formerly grew over a broad area
from the western Allegheny Mountains across the Upper Ohio Valley
westward to Missouri and Kansas (Cusick 1989). Once widespread the
species range is now restricted to West Virginia, Kentucky, Indiana,
Missouri, and Ohio. RBC frequently occurs in disturbed habitats,
including stream banks, deer trails, grazed woodlots, mowed paths, old
logging roads, and skidder trails (Bartgis 1985, Homoya et al. 1989,
Harmon 1996, Madarish and Schuler 2002). This species does not appear to
grow in full sun. RBC has a high affinity for calcium-rich soil, which
is abundant in the eastern portion of the FEF where the Greenbrier
Limestone formation is exposed. Past RBC declines have been attributed
to habitat loss from forest canopy closure, buffalo (*Bison bison*) herd
extirpation, habitat clearing, disease from other clovers, pollinator
loss, and fire regime changes, increased herbivory from white-tailed
deer (*Odocoileus virginianus*) and eastern cottontail rabbits
(*Sylvilagus floridanus*), and competition from other exotic plants.

Initial discovery of RBC on the FEF occurred in June 1993. This species
was found on several compartments, mainly along existing skidroads that
are disturbed approximately once every 10 years during timber removal. A
study plan to assess the importance of disturbance to RBC populations in
accordance with the Recovery Plan was approved and initiated in 1994.
The FEF has sent annual updates on the study to Service since 1997. The
FEF was also the site for a RBC nitrification study that was initiated
in 1993 and completed in 1995. An application for a Recovery Permit to
continue RBC disturbance research was submitted to the Service on August
28, 2000. In November 2000, the Service issued a Biological Opinion,
approving the FEF BA for proposed projects during the 2000-2005 fiscal
years. In February 2003, Dr. Thomas Schuler, U.S. Forest Service
Northeastern Research Station Project Scientist, was appointed to the
RBC Recovery Team.

The results of the research described above have helped evaluate the
response of RBC to various disturbance regimes and appear to illustrate
the disturbance-dependent population dynamics for this species. RBC in
areas with no ground disturbance increased in density the second growing
season, but began to decline by the third season. In disturbed areas,
results after 10 years of monitoring indicate that 2 years following
timber removal, previously declining RBC populations began to increase
in density. Several years after disturbance, population density peaks
and then begins a decline. Following a subsequent disturbance,
population density declines initially but then rebounds within one or
two growing seasons. It appears no action associated with existing
populations of RBC is equivalent to allowing local populations to
decline (Madarish et al. 1999). The results of this study suggest that
controlling the intensity of ground disturbance combined with a
reduction in canopy density, such as that associated with uneven-aged
harvests, may help sustain populations of RBC (Madarish and Schuler
2002). Monitoring efforts in RBC compartments on the FEF document an
increasing population of this species, especially in lightly disturbed
areas. Analysis of FEF data by Dr. Schuler concluded that using count
based data and the diffusion approximation approach, population
viability analysis of the FEF RBC population has a very low probability
of extinction (POE) (POE = 0.005) during the next 20 years.

Under the new five-year plan starting in 2005, silvicultural activities,
including timber harvesting, in compartments containing RBC would
proceed under a similar schedule as was previously implemented during
the research period. While direct effects of these activities may
include damaging individual plants with timber harvesting equipment, the
indirect and cumulative effects of timber harvesting should benefit RBC
as documented by the research cited above. The cumulative effect of
management of the FEF over the past 50 years on FEF has apparently
maintained a refugium for RBC, and allowed the overall population to
increase. The continued study of RBC (including the associated
silvicultural activities) taking place on FEF is consistent with the
objectives of the RBC Recovery Plan, and should help to define limiting
factors that regulate wild populations and develop appropriate habitat
management techniques that can be applied throughout the species' range.

As noted in our May 25, 2005 letter, the Service recommended that the
proposed project should have a long-term beneficial effect on this
species. In order to ensure that populations of RBC are not adversely
affected, the FEF has agreed to implement the following measures. If
these measures are incorporated, we will conclude that the project *may
affect, but is not likely to adversely affect* this species.

1\. Personnel at the Northeastern Research Station's Timber and
Watershed Laboratory shall continue to monitor RBC populations on the
FEF to gain new insights into the ecology and the effects of management
on this species. May and June will be the desired months for RBC census
activity but counts may also occur in July and August if necessary due
to time consuming nature of the census. For the period of 2005 through
2010, the Forest Service shall continue to do a 100% census on 50% of
the compartments where RBC exists each year. In other words, the Forest
Service shall do a 100% census of each compartment where RBC exists or
has been known to exist previously once every two years.

2\. Annual reports will be completed each year by January 15^th^
documenting the previous summer's activity. Reports will be sent to the
Service's West Virginia Field Office (694 Beverly Pike; Elkins, WV
26241) and the Ohio Field Office (6950 Americana Pkwy, Ste. H;
Reynoldsburg, OH 43068). Each report shall include, at a minimum, the
following information:

> A. Counts of RBC rooted crowns and flowers observed by each
> compartment where census work occurred during the field season.
> General conditions of RBC subpopulations will be submitted for
> compartments not censused during the year. An estimate of the total
> population will be provided using the census data for the current year
> and the previous year.
>
> B. A description of any research or management activity that occurred
> during the year in compartments containing RBC.
>
> C. The number of seeds or flowers collected per season.
>
> D. The presence of any invasive species that is occupying the same
> habitat as RBC. Of special concern is Japanese stiltgrass
> (*Microstegium vimineum)* which is known to exist on the FEF, but has
> not yet become a major competitor in habitats where RBC is known to
> exist.

3\. Because the FEF RBC population seems to be self-perpetuating under
the disturbance regime that has persisted on the FEF for the past
half-century, any significant deviation of these activities and the
activities described in the Biological Assessment dated December 2004,
will warrant further consultation with the Service.

4\. Skid roads where RBC is known to exist will not be seeded following
disturbance from forest management activities. These skids roads have
been and should continue to be allowed to re-vegetate naturally. Seeding
may introduce non-native or non-endemic species that could displace RBC.
As has been done in the past, landings will continue to be seeded to
prevent erosion following research and/or forest management activities.

5\. No herbicides would be applied in areas where running buffalo clover
is present, unless coordinated and concurred with by the Service.

6\. All preventative, conservation, and mitigation measures described in
the BA and FEIS will be implemented.

In summary, the FEF will reinitiate consultation with the Service if (1)
any of the measures listed above are not implemented; (2) new
information reveals effects of the agency action that may affect listed
species or critical habitat in a manner or to an extent not considered
in this opinion; or (3) the action is subsequently modified in a manner
that causes an effect to the listed species or critical habitat not
considered in this opinion.

In addition, the FEF has proposed to implement the following voluntary
conservation recommendations. The Service supports the implementation of
these measures which will benefit the recovery and management of the
species.

1\. The Northeastern Research Station's Timber and Watershed Laboratory
staff, specifically Research Forester Dr. Thomas Schuler, will continue
to support the recovery of RBC by serving on the Service's RBC Recovery
Team.

2\. As warranted, preparation of manuscripts related to RBC ecology and
management will continue to be developed. In the past three years, three
peer reviewed journal articles directly related to RBC have been
authored or co-authored by Northeastern Station personnel located at the
Timber and Watershed Laboratory. These published papers represent a
significant advancement in the information available regarding this
species.

**INDIANA BAT BIOLOGICAL OPINION**

**DESCRIPTION OF THE PROPOSED ACTION**

The FEF encompasses 4,615 acres near Parsons, Tucker County, West
Virginia. The FEF is administered by the Northeastern Research Station,
Timber and Watershed Laboratory of the Forest Service. The current
mission of the FEF is to explain the role of natural and human-induced
factors on the sustainability of central Appalachian forest ecosystems,
and to provide guidelines for managing central Appalachian forests for a
range of products and benefits while maintaining the productivity and
diversity of soil, water, wildlife, and forest resources. The purpose of
the proposed project is to continue important long-term research on the
effects of various silvicultural practices on forest productivity,
species composition and diversity, wildlife populations, and ecosystem
processes.

The proposed action details activities proposed through 2010 and
includes many projects that are repeat treatments in on-going long-term
research studies. Silvicultural treatments, which include some level of
harvesting, would be applied on a total of 960 acres. Single-tree
selection would be applied to 169.8 acres, the diameter-limit method
applied to 32.7 acres, patch clearcuts applied to 23.2 acres, the
financial rate of return method applied to 189.9 acres, and the
shelterwood method applied to 77.1 acres. Prescribed fire would be used
in combination with the shelterwood method to promote oak regeneration,
and in a new study, 376.1 acres would be treated with a combination of
prescribed fire and overstory mortality treatments (herbicides or
girdling) to enhance Indiana bat summer habitat and oak restoration.
Additionally, an 84.7 acre watershed would be treated with ammonium
sulfate fertilizer to induce artificial watershed acidification.

**Conservation Measures**

The FEF proposes to incorporate the following threatened and endangered
species protection and conservation measures into their proposed
project:

> Continue to manage and protect established Indiana bat hibernacula by
> closing and gating Big Springs Blowing Cave between September 1 and
> May 15.
>
> Tree cutting would only be conducted between October 1 and April 30 to
> reduce direct impacts to the Indiana bat.
>
> In order to protect and maintain potential Indiana bat roosting
> habitat, hickory trees would be left where possible, unless doing so
> would compromise the integrity of the research studies.
>
> Streamside management zones would be established along perennial and
> intermittent streams in order to protect Indiana bat foraging habitat,
> in accordance with the Standards and Guidelines and the Prescription
> 8.5 in the Monongahela National Forest Management Plan (Revised). No
> new roads would be constructed within the streamside management zones,
> and no herbicides would be used within these strips. Logging equipment
> is restricted in this area to existing roads, or to designated stream
> crossing points.
>
> Monitoring of Indiana Bat activity at the mouth of Big Springs Blowing
> Cave, and across the landscape of the FEF, would be conducted annually
> during swarming periods, using Anabat II detectors.

1.  As described above, the FEF has developed research silvicultural
    treatments that could enhance Indiana bat summer habitat within the
    FEF.

**Action Area**

The action area is defined as all areas to be affected directly or
indirectly by the Federal action and not merely the immediate area
involved in the action. For the purposes of this BO, the action area
includes the boundaries of the FEF, and any Indiana bat hibernacula
located either within or outside the FEF, that has at least a portion of
the FEF located within a five-mile radius (swarming zone) of the cave.
Therefore, Big Springs Blowing Cave and Two Lick Cave are also included
in the action area.

**STATUS OF THE SPECIES**

**General Biology and Life History of the Species**

The Indiana bat is a migratory species ranging throughout the eastern
U.S., from Oklahoma, Iowa, and Wisconsin, east to Vermont and south to
northwestern Florida (Hall 1962, Romme et al. 1995). The Indiana bat's
annual life cycle consists of hibernation, spring migration, birthing
(parturition), raising of young by females (lactation), fall migration,
mating (swarming), and hibernation. Each of these critical stages in
this complex cycle is integral to species survival and recovery. The
following discussion provides a general overview of the life cycle of
the Indiana bat, and the "Life Stages" section provides additional
information on this subject. An outline of the Indiana bats annual life
cycle is provided in Figure 1.

Figure 1. Indiana bat annual life cycle.

![](media/image1.wmf){width="6.497916666666667in"
height="2.920138888888889in"}

*Fall swarming and mating*

Indiana bats return to their hibernacula in preparation for mating and
hibernation as early as late July (Brack, 1983), increasing in numbers
through August and peaking in September and early October (Cope and
Humphrey, 1977; Hawkins and Brack, 2004; Rodrigue, 2004; Hawkins et al.,
2005). Males may remain active through mid-October or later. Upon
arrival at a hibernaculum, Indiana bats \"swarm,\" a behavior in which
\"large numbers of bats fly in and out of cave entrances from dusk to
dawn, while relatively few roost in the caves during the day\" (Cope and
Humphrey, 1977). Swarming continues for several weeks during which
mating occurs, generally in the latter part of the period. Adult females
store sperm from autumn copulations throughout winter and fertilization
is delayed until soon after spring emergence from hibernation (Guthrie,
1933).

Male Indiana bats may make several stops at multiple caves during the
fall swarming period and remain active over a longer period of time at
cave entrances than do females. Males are most likely to mate with the
females as the latter arrive (LaVal and LaVal, 1980). Nightly activity
may be correlated with temperature and precipitation, as bats and their
prey become constrained by falling temperatures, rain events and earlier
sunset as autumn progresses (V. Brack, Environmental Solutions and
Innovations, Inc., personal communication 2005). Swarming activity in
West Virginia has been documented in early October with little activity
after the middle of October and no activity after November 15 (Rodrigue,
2004).

Indiana bats must store sufficient fat to support metabolic processes
until spring. Fat supplies for male Indiana bats are replenished as they
forage in the vicinity of the hibernaculum during the fall swarming
period (Brack, personal communication 2005). Female Indiana bats
generally arrive in condition ready to hibernate. They spend little time
foraging near the hibernaculum since they enter hibernation soon after
mating (R. Clawson, Missouri Department of Conservation, personal
communication 2005). Occasionally, bats will leave the vicinity of the
hibernaculum or re-enter the hibernaculum on one or more occasions
(Gumbert, 2001; Brack, personal communication 2005). A possible
explanation for male bat movements away from the fall swarming area may
be the need for these males to find prime foraging habitat to replenish
their energy reserves. Conversely, these males could be traveling to
other nearby hibernacula to mate (Brack, personal communication 2005).

During autumn, when Indiana bats swarm and mate at hibernacula, male
bats roost in trees nearby during the day and fly to the cave or mine at
night. In Kentucky, Kiser and Elliott (1996) found male Indiana bats
roosting primarily in dead trees on upper slopes and ridgetops, within
1.5 mi of their hibernaculum. In West Virginia, some male Indiana bats
roosted within 3.5 mi of their cave, in trees near ridgetops, and often
switched roost trees from day to day (C. Stihler, West Virginia Division
of Natural Resources, pers. observ., October, 1996). One Indiana bat in
Michigan roosted 1.4 mi away from the hibernaculum during fall swarming,
and another chose trees at a distance of 2.1 mi (Kurta, 2000). Gumbert
(2001) found an average of 1.2 mi between roost trees and the
hibernaculum for 20 radio-tagged Indiana bats. Brack (personal
communication, 2005) found a range of 0.18 to 0.87 mi between roost
trees and a hibernaculum in Virginia, although he did not follow bats if
they left the "project area" and the range may actually be greater.

*Hibernation*

Indiana bats tend to hibernate in the same cave or mine at which they
swarm (LaVal et al., 1976; C. Stihler, pers. observation, October,
1996), although swarming has been observed at hibernacula other than
those in which the bats hibernated (Cope and Humphrey, 1977). It is
generally accepted that Indiana bats, especially females, are
philopatric, that is, they return annually to the same hibernaculum
(LaVal and LaVal, 1980). Most bats of both sexes enter hibernation by
the end of November (mid-October in northern areas---Kurta et al.,
1997). Indiana bats hibernate in large, dense clusters, ranging from 300
bats per square foot to 484 bats per square foot (Clawson et al., 1980;
Hicks and Novak, 2002).

Caves must posses certain characteristics to be suitable as Indiana bat
hibernacula. Raesly and Gates (1986) compared microhabitat and
microclimate variables between occupied and unoccupied caves and mines.
They found that Indiana bat hibernacula tended to have larger openings,
more cave passage length, and higher ceilings compared to unoccupied
sites, in addition, occupied hibernacula have noticeable airflow
(Henshaw 1965). Once Indiana bats enter hibernation, they require
specific roost sites in caves or mines that reach appropriate
temperatures (Tuttle and Taylor, 1994). Indiana bats choose roosts with
a low risk of freezing. Stable low temperatures allow the bats to
maintain a low metabolic rate and conserve fat reserves until they are
ready to emerge in spring; thus, Indiana bats select roosts within
hibernacula that best meet their needs for cool temperatures. Indiana
bat hibernacula usually host other species of bats. Indiana bats are
occasionally observed clustered with or adjacent to other species,
including gray bats (*M. grisecens*), Virginia big-eared bats (*Plecotus
townsendii vriginianus*), little brown bats and northern long-eared
Myotis (Myers, 1964, LaVal and LaVal, 1980: Kurta and Teramino, 1994).

*Spring Emergence and Migration*

Female Indiana bats emerge first from hibernation in late March or early
April, followed by the males (Hall, 1962). The timing of annual
emergence may vary across their range, depending on latitude and annual
weather conditions; however, most Indiana bats have left their
hibernacula by late April (Hall, 1962). Exit counts from several
hibernacula in southern Pennsylvania and Big Springs Cave in Tucker
County, West Virginia, suggest that peak emergence from hibernation is
mid-April for these two areas (Butchkoski and Hassinger, 2002; Rodrigue,
2004). Spring surveys of the interior of Barton Hill Mine in New York
documented substantial numbers of Indiana bats through April and into
mid-May, however, by the end of May only one-tenth of the population
remained (Hicks, in litt., 2005).

In spring when fat reserves and food supplies are low, migration is
probably hazardous (Humphrey et al., 1977; Tuttle and Stevenson, 1977,
Britzke et al., in press). Consequently, mortality may be high in early
spring, following emergence. Perhaps this is one reason why many males
do not migrate far from the hibernacula (Gardner and Cook, 2002;
Whitaker and Brack, 2002). Some males remain within the vicinity of
their hibernacula, where they roost and forage in open forests and
agricultural lands and other openings (Brack, personal communication
2005). Movements of 2.5--10 mi (4--16 km) by male Indiana bats were
reported in Kentucky,

Missouri, and Virginia (Hobson and Holland, 1995; Rommé et al., 2002).
However, other males leave the area entirely upon emergence in spring
and have been captured throughout various summer habitats.

Indiana bat females can migrate hundreds of miles from their
hibernacula. Kurta and Murray (2002) documented female Indiana bats
migrating over 200 miles from their hibernacula to their maternity area
and Gardner and Cook (2002) documented migratory distances in excess of
300 miles for females traveling from hibernacula to maternity areas.
Conversely, recent radio-telemetry studies of spring emerging Indiana
bats (primarily females) from three New York hibernacula found that
these bats migrated less than 40 miles to their summer habitat (Hicks,
unpublished data; S. von Oettingen, USFWS, unpublished data), indicating
that migratory distance may not be consistent across the species range.

Female Indiana bats may leave immediately for summer habitat or linger
for a few days near the hibernaculum. Once enroute to their summer
destination, females have been documented to move quickly across the
landscape. One female released in southeastern New York was documented
to move 35 miles in approximately 85 minutes (Sanders et al., 2001).
Radio-telemetry studies in New York documented females flying between 10
to 30 miles after release from their hibernaculum, arriving at their
maternity sites within one night (Sanders et al., 2001; Hicks, 2004; S.
von Oettingen, unpublished data) and in some cases reaching their summer
destination within hours of the release (C. Herzog, New York Department
of Environmental Conservation, personal communication, 2005). One
radio-tagged bat released from Canoe Creek Mine in Pennsylvania traveled
approximately 60 miles in one evening (C. Butchkoski, Pennsylvania Game
Commission, per. comm., May, 2005).

Little information is available to determine habitat use and needs for
Indiana bats during migration, although recent spring emergence
telemetry studies in New York and Pennsylvania are beginning to document
migratory routes in the Northeast (Butchkoski personal communication,
2005; J. Chenger, Bat Conservation and Management, personal
communication, April, 2005; Hicks, personal communication, 2005). In the
core of their range, most pregnant females migrate north for the summer
(Gardner and Cook, 2002). In the northeastern part of their range,
Indiana bats migrate in all directions to summer habitat. In Watertown,
New York, Indiana bats migrated short distances (less than 10.6 mi or 17
km) north, west and south of their hibernaculum (M. Clark, New York
Dept. of Environmental Conservation, personal communication, 2005). In
the Lake Champlain Valley of New York and Vermont, female Indiana bats
migrated east and southeast of their hibernaculum (Hicks, 2004).

*Summer Life History and Behavior*

Upon arriving at their summer habitat, female Indiana bats form colonies
with primary and alternate roosts trees, give birth to young, raise pups
until they fly and are independent, forage intensively to restore
depleted fat reserves and depart in late summer and fall to migrate to
their hibernacula to mate and eventually hibernate. Less is known about
the male migration pattern, males may summer near the hibernacula
(Whitaker and Brack, 2002) or disperse throughout the range. Males roost
individually or in small numbers in the same types of trees and in the
same areas as females. Non-reproductive females may also roost
individually or in small numbers. Far

less is known about the summer habits of males and non-reproductive
females; therefore, the following section is primarily focused on summer
life history aspects of reproductive females.

Reproductive females arrive at their summer habitats as early as
mid-April in Illinois, New York and Vermont (Gardner et al., 1991a;
Britzke, 2003; Hicks, 2004). During this early spring period, a number
of roosts, including small cavities, may be used temporarily. Humphrey
et al. (1977) reported that Indiana bats first appeared at their
maternity roost sites in early May in Indiana, with substantial numbers
arriving in mid-May. Indiana bats from hibernacula in southern Indiana
and Kentucky enter southern Michigan as early as late April, although
most do not arrive until the middle or end of May (Kurta and Rice,
2002). Most Indiana bats from hibernacula in New York fly directly to
their summer range in Vermont and southeastern New York beginning
mid-April (Britzke, 2003; Hicks, 2003).

[Colony Formation]{.underline}

As the summer season progresses, female Indiana bats begin to congregate
and form colonies. A single Indiana bat maternity colony can vary
greatly in size and colony members may be dispersed among various roosts
at any given time (Kurta, in press). While most of the documented
maternity colonies contained 100 or fewer adult bats (Harvey, 2002), as
many as 384 bats have been reported emerging from one maternity roost
tree in Indiana (Lori Pruitt, USFWS, personal communication, 2004).
Recent counts at well-studied colonies (with at least three years of
data) in Indiana and Vermont resulted in maximum emergence counts of 104
and 270 adult females, respectively (Indianapolis Airport Authority
2003; K. Watrous, University of Vermont, unpublished data, 2005).
Whitaker and Brack (2002) indicated that average maternity colony size
in Indiana was approximately 80 adult bats. The mean maximum emergence
count after young began became volant at 12 study areas (Kurta, in
press) was approximately 119 bats, indicating 60-70 adults in a primary
roost at any given time.

Barclay and Kurta (2004) suggested four potential explanations for the
establishment of maternity colonies in the summer: (1) roosts are
limited; (2) foraging efficiency -- members of a colony communicate
regarding good foraging areas; (3) anti-predator mechanism; and (4)
thermoregulation. Although there are probably many advantages to
colonial roosting, possibly the most important factor for Indiana bats
is thermoregulation (Humphrey and Cope, 1977; Kurta et al., 1996). This
theory is supported by the fact that pups and females in late pregnancy
are poor thermoregulators (Speakman and Thomas, 2003), and pre- and
postnatal growth is controlled by the rate of metabolism and body
temperature (Racey, 1982). Without clustering together, the strict
thermal conditions needed to support prenatal and postnatal growth would
not be available. Thus, colonial roosting is a life history strategy
adopted by Indiana bats (like many other temperate zone bats) to improve
their reproductive success (Barclay and Harder, 2003).

[Maternity Roosts]{.underline}

Indiana bat maternity roosts can be described as \"primary\" or
\"alternate\" based upon the proportion of bats in a colony consistently
occupying the roost site (Kurta et al., 1996, 2002; Callahan et al.,
1997). Maternity colonies typically use 10--20 trees each year, but only
one to three of these are primary roosts used by the majority of bats
for some or all of the summer (Callahan, 1993; Callahan et al., 1997).
Before the young are volant, the composition of a

colony at a primary roost is fluid, as individual bats leave and return
(Barclay and Kurta, personal communication, 2005). Kurta et al. (2002)
observed that certain maternity roost trees were occupied by a
"quasi-stable number of Indiana bats for days or weeks" at a time.
During their observations of these roost trees, individuals (based on
radio-telemetry data) were found to move consistently into and out of
the trees.

Alternate roosts are used by individuals or a small number of bats and
may be used intermittently throughout the summer or used on only one or
a few days. Most roost trees (except live trees) eventually become
unusable by losing bark, falling over, or through competition with other
animal. Typically these events occur suddenly and without warning
(Gardner et al., 1991a; Kurta and Foster, 1995; Belwood, 2002). The use
of alternate roosts may be a way of discovering new primary roosts since
Indiana bats must maintain an awareness of suitable replacements in case
of an emergency (Kurta et al., 1996, 2002). Numerous studies documenting
roost trees used by individuals in a colony identified a range of
alternate roosts. For example, based on Callahan's (1993) primary roost
definition, Watrous (unpublished data, 2005) documented 12, nine, and 14
alternate roost trees for three different colonies in the Lake Champlain
Valley of Vermont and New York.

Kurta (in press) postulates that Indiana bats have a fission-fusion
society as demonstrated by frequent roost changing. Barclay and Kurta
(personal communication, 2005) further explain "that in this type of a
society, members frequently coalesce to form a group (fusion), but
composition of that group is in perpetual flux, with individuals
frequently departing to be solitary or to form smaller groups (fission)
for a variable time before returning to the main unit." It may be
plausible that some bats select individuals with whom to roost and avoid
roosting with others (Barclay and Kurta, personal communication, 2005).
Although many members of a colony may reside in one tree at any one
time, other members roost elsewhere as solitary individuals or in small
subgroups of fluctuating composition. Such a fission-fusion society has
been suggested for other species of forest bats, as well (Kerth and
König, 1999; O'Donnell, 2000; Kurta et al., 2002; Willis and Brigham,
2004).

On average, Indiana bats switch roosts every 2 to 3 days although the
reproductive condition of the female, the roost type and time of year
will affect switching behavior (Kurta et al. 2002; Kurta in press).
Lactating females may change roosts less often than pregnant or
post-lactating females. Bats roosting under exfoliating bark may change
more often than bats roosting in crevices (Kurta et al., 1996; Gumbert
et al., 2002; Carter, 2003; Kurta, in press). Roost switching occurs
less often in the spring, most likely due to colder night temperatures
that may induce extended torpor (Gumbert et al., 2002; Brizke et al., in
press).

[Roost Tree Selection]{.underline}

Tree species does not appear to be an important factor in roost site
selection. Tree structure, specifically the availability of exfoliating
bark with roost space underneath, is a critical characteristic for roost
trees. A majority of bat roosts have been located in dead or dying
trees, although some roost sites have been in living trees. Indiana bat
use of snags appears to be influenced by bark characteristics. The
ability of a tree species to produce exfoliating bark probably
influences Indiana bat use of that tree (Britzke et al. 2003, Callahan
et al. 1997).

Maternity colonies are rarely found in tree cavities, and most primary
maternity roosts have been located under exfoliating bark. However,
studies from Michigan and Missouri that have compared the amount of
exfoliating bark and Indiana bat use, and found snags with more
exfoliating bark may not be used more than snags with little exfoliating
bark (Kurta et al. 1996, Callahan et al. 1997). Indiana bats may pick
maternity roosts with high solar exposure to increase the roost
temperature, which may decrease the fetal development time and speed
juvenile growth (Callahan et al. 1997). However, because males are not
associated with maternity colonies and the need for high roosting
temperatures (Callahan et al. 1997), they may seek cooler roosts to
reduce their physiological expenditures. Callahan et al. (1997)
considered roosts to be either open (exposed to solar radiation) or
interior (\>50% canopy cover) and found that all primary roosts were in
open snags. Roost height may vary with canopy cover in order to maintain
a relatively constant level of solar exposure (Gardner et al. 1991).

[Reproduction]{.underline}

Females give birth to a single young in June or early July (Easterla and
Watkins, 1969, Humphrey et al., 1977) while in their maternity colonies.
As previously discussed, forming maternity colonies reduces
thermoregulatory costs, which, in turn increases the amount of energy
available for birthing and raising young (Barclay and Harder, 2003).
There are no documented occurrences in which a female Indiana bat has
successfully given birth and raised a pup alone without the communal
benefits offered by a maternity colony. Studies by Belwood (2002) show
asynchronous births extending over a period of 2 weeks within one
colony. This results in great variation in size of juveniles (newborn to
almost adult size young) in the same colony.

In Indiana, lactating females have been recorded from June 10 to July 29
(Whitaker and Brack, 2002). Young Indiana bats are capable of flight
(volant) within 3-5 weeks of birth (Mumford and Cope, 1958; Easterla and
Watkins, 1969; Cope et al., 1974; Humphrey et al., 1977; Clark et al.,
1987; Gardner et al., 1991a; Kurta and Rice, 2002; Whitaker and Brack,
2002). Young born in early June may be flying as early as the first week
of July (Clark et al., 1987), others from mid- to late July. Once young
Indiana bats are volant, the maternity colony begins to disperse. The
use of primary maternity roosts diminishes, although the bats may stay
in the maternity roost area prior to migrating back to their respective
hibernacula. Bats become less gregarious and the colony utilizes more
alternate roosts, possibly because there is no longer the need for the
adult females to cluster for thermoregulation and to nurture their young
(Indianapolis Airport Authority, 2003 and 2004).

Although the preceding discussion provides a seasonal framework for
Indiana bat reproduction, the timing of reproductive events is somewhat
weather-dependent (Grindal et al., 1992; Lewis, 1993; Racey and
Entwistle, 2003). Adverse weather, such as cold spells, increases
energetic costs for thermoregulation and decreases availability of
insect prey and hence, energy gain. Bats respond to a negative energy
balance by entering torpor; the resulting low body temperature slows
biochemical reactions associated with fetal and juvenile growth and milk
production and may cause annual variation when young are born and fly.

[Site Fidelity]{.underline}

Recent research indicates that Indiana bats exhibit site fidelity to
their traditional summer maternity and foraging areas. A number of
studies documented female Indiana bats annually returning to the same
general area to establish maternity colonies (Humphrey et al., 1977;
Gardner et al., 1991a, 1991b; Gardner et al., 1996; Callahan et al.,
1997; Butchkoski and Hassinger, 2002; Kurta and Murray, 2002;
Indianapolis Airport Authority, 2003, 2004). Gumbert et al. (2002)
differentiated between roost tree and roost area fidelity in Indiana
bats, and found that bats are faithful to both areas and particular
trees within those areas. Roost trees, although ephemeral in nature, may
be reoccupied by a colony for a number of years until the trees are no
longer available or suitable. Roost tree reoccupation of between two to
six years has been documented in a number of studies (Gardner et al.,
1991b; Gumbert et al., 2002; Watrous, unpublished data, 2005; Barclay
and Kurta, in press).

Individual Indiana bats appear to be faithful to their foraging areas
between years. Gardner et al. (1991a; 1991b) observed that females
returned to the same foraging areas between years, irrespective of
whether they were captured as juveniles and tracked as adults, or if
they were captured as adults and then followed. A long-term study of
Indiana bats at the Indianapolis Airport followed more than 40 bats
between 1997 and 2004; all these bats foraged in the same general areas,
although home ranges were distinct (Sparks et al., in press.). Bats were
found to move through their foraging habitat so predictably that
researchers with receivers were able to move into an area prior to the
bat arriving (Sparks et al., in press). On one occasion data was
collected for the same bat in two different years. Roosting and foraging
habitat were remarkably consistent between years including occasional
nocturnal visits to a day roost on the opposite end of the colony's
foraging range, despite the fact that the bat was pregnant when tracked
in 2003 and lactating in 2004 (Sparks et al., in press). In Michigan,
Kurta and Murray (2002) recaptured 41 percent of females when mist
netting at the same area in subsequent years. Further studies of this
colony reported a wooded fenceline as a commuting corridor for at least
9 years (Winhold et al., 2005; Kurta, in press).

[Food Habits]{.underline}

The Indiana bat feeds on flying insects, with only a very small amount
of spiders being included in the diet. Dietary studies indicate that
four orders of insects contribute most to the diet---Coleoptera,
Diptera, Lepidoptera, and Trichoptera (Belwood, 1979; Brack, 1983; Brack
and LaVal, 1985, Lee, 1993; Kiser and Elliot, 1996; Kurta and Whitaker,
1998; Murray and Kurta, 2002a). Various reports, however, differ
considerably in which of these orders are most important.
Terrestrial-based prey (moths and beetles) were more common in southern
studies, whereas aquatic-based insects (flies and caddisflies) dominated
in the north. Hymenopterans (winged ants) also are abundant in the diet
of Indiana bats, for brief, unpredictable periods corresponding with the
sudden occurrence of mating swarms. Although not as dramatic, seasonal
occurrence of Asiatic oak weevils in the diet indicates use of an
abundant resource available only for a limited part of the season. At
individual colonies, dietary differences exist between years, within
years by week, between pregnancy and lactation, and within nights
(Murray and Kurta, 2002a). Consistent use of moths, flies, beetles, and
caddisflies throughout the year at various colonies suggests that
Indiana bats are selective predators to a certain degree, but
incorporation of ants and weevils into the diet also indicates that
these bats can be somewhat

opportunistic. Hence, Murray and Kurta (2002a) suggest that the Indiana
bat may best be described as a "selective opportunist," as are a number
of other Myotis species (Fenton and Morris, 1976).

[Foraging Behavior]{.underline}

Indiana bats begin emerging from a roost to forage shortly after sunset,
although there is considerable variation in timing within a colony that
is not related to light level, ambient temperature, or number of bats
inside (Gardner et al., 1991a; Viele et al., 2002). Observations of
light-tagged animals and bats marked with reflective bands indicate that
Indiana bats typically forage in closed to semi-open forested habitats
and forest edges (Humphrey et al., 1977; LaVal et al., 1977; Brack,
1983). Radiotracking studies also indicate that foraging usually occurs
in various types of forest, including flood plain, riparian, lowland,
and upland forest (Garner and Gardner, 1992; Murray, 1999; Butchkoski
and Hassinger, 2002; Murray and Kurta, 2002b; Watrous, unpublished data,
2005). Indiana bats hunt primarily around, not within, the canopy of
trees, but they come down to subcanopy and shrub layers on occasion. In
riparian areas, Indiana bats primarily forage around and near riparian
and flood plain trees, solitary trees and the forest edge on the flood
plain (Belwood, 1979; Cope et al., 1974; Humphrey et al., 1977; Clark et
al., 1987).

Murray (1999; Murray and Kurta, 2002b) identified 13 foraging areas used
by pregnant and lactating Indiana bats in southern Michigan: 5 were used
only by pregnant bats; 4 used only by lactating bats; and 4 used by both
pregnant and lactating bats. Individual females visited 1 to 4 foraging
areas each night. When 2 or 3 bats were radio-tracked simultaneously,
they seldom used the same foraging area and were found in different
areas over three miles apart.

Foraging or commuting over open fields is uncommon (Brack, 1983; Menzel
et al., 2001). With respect to commuting, it is not known how wide a gap
must be before bats hesitate to cross it. Indiana bats consistently flew
over a 30-ft-wide road in Pennsylvania (Butchkoski and Hassinger, 2002)
and occasionally flew across a four-lane interstate in Indiana (D.
Sparks, Indiana State University, personal communication, March, 2005),
but they did not fly across fields that stretched for more than 0.6 mi
in Michigan (Murray and Kurta, 2002b). Rather, Murray (1999; Murray and
Kurta, 2002b) demonstrated that Indiana bats favored wooded corridors
when traveling between roosts and foraging areas, often adding many
kilometers to their nightly commute. These corridors often were as
simple as a single line of trees along a fencerow separating
agricultural fields.

[Home range]{.underline}

Indiana bats are known to occupy distinct home ranges, particularly in
the summer (Garner and Gardner, 1992). Home range size may vary between
the summer, spring and fall habitats, the sexes and the reproductive
status of the females. Kiser and Elliot (1996) identified minimum
foraging areas for 15 Indiana bats at a hibernaculum in Kentucky. Their
estimates ranged from approximately 28 hectares to 267 hectares
(excluding the cave in the estimate), with a mean of 156 ± 101 hectares.
Rommé et al. (2002) tracked 6 Indiana bats near hibernacula in Missouri
and calculated a mean home range of 667 ± 994 hectares for spring and
fall and 1,584 ± 1,424 hectares for fall home range. More recently,
Menzel et al. (2005) determined the mean summer

home range size of 11 Indiana bats to be 144.7 hectares. Watrous
(unpublished data, 2005) has tentatively calculated approximately 287
hectares as a mean summer home range for Indiana bats in Vermont.

Linear distances between roosts and foraging areas for females range
from 0.3 to 5.2 miles, although most distances were less than half the
maximum distance (Murray and Kurta, 2004; Sparks et al., in press).
Murray and Kurta (2004) and Sparks et al. (in press) speculate that the
variations in distances to forage areas were due to differences in
habitat type, inter-specific competition, and landscape terrain. In
Canoe Creek, Pennsylvania, an area with significant changes in
elevation, reported distances between roost and foraging areas ranged
between 1.5 to 2.8 miles with an average distance of 2.1 miles
(Butchkoski and Hassinger, 2002).

*Fall migration*

Maternity colonies begin disbanding during the first 2 weeks in August,
although large colonies in southern areas may contain a steadily
declining number of bats into mid-September (Humphrey et al., 1977;
Kurta et al., 1993). Even in northern areas, such as Michigan, a few
Indiana bats may remain into late September and early October; these
late migrants may be young-of-the-year (Kurta and Rice, 2002). Members
of a maternity colony do not necessarily hibernate in the same cave, and
may migrate to caves that are over 190 miles apart (Kurta and Murray,
2002).

**Review of Endangered Species Information**

The Indiana bat was listed as endangered by the Service pursuant to the
Endangered Species Preservation Act on March 11, 1967 (32 Federal
Register 4001). Listing was warranted based primarily on large-scale
habitat loss and degradation, especially at winter hibernation sites,
and significant population declines that continue today. From the time
that the species was listed, the range-wide population of the Indiana
bat has declined from approximately 883,300 Indiana bats for 1960/1970
to 387,301 in 2003/2004, or approximately 56 percent (Clawson 2002; Lori
Pruitt, personal communication, 2004).

During winter, Indiana bats are restricted to suitable hibernacula,
mainly caves, throughout the karst regions of the east-central U.S. As a
result, conducting censuses of hibernating bats is the most reliable
method of tracking population/distribution trends range-wide, and
provides a good representation of the overall population status and
distribution. More than 85% of the range wide population occupies nine
Priority One hibernacula (hibernation sites with a recorded population
greater than 30,000) in Indiana, Kentucky, and Missouri. Priority Two
hibernacula (hibernation sites with a recorded population greater than
500 but less than 30,000) are known from the aforementioned states, in
addition to Arkansas, Illinois, New York, Ohio, Tennessee, Virginia, and
West Virginia. Hellhole in Pendleton County, West Virginia, is a
Priority Two cave with a winter (2004) population of approximately
11,890 bats. Hellhole is officially designated Critical Habitat by the
Service. Priority Three hibernacula (less than 500) are known from 17
states. The limestone region of West Virginia in Preston, Tucker,
Randolph, Pendleton, Pocahontas, Greenbrier, Monroe and Mercer Counties
contains approximately 28 hibernacula

While recent winter hibernacula monitoring shows Indiana bat populations
are decreasing in portions of their range, estimated winter populations
in West Virginia have been increasing since the early 1980's (WVDNR,
2004). Since 1990, hibernating populations in West Virginia have almost
doubled from an estimated 6,500 to 12,677 in 2004. Increases in the
number of bats hibernating in Hellhole have accounted for most of this
growth. Protection measures limiting access to the cave occurred when
the entrance to Hellhole was fenced in 1985. Most other significant
caves in West Virginia have also been gated or fenced, to protect
Indiana bat populations.

It should be noted that the relationship between wintering populations
and summering populations is not clearly understood. It is known that
individuals of a particular maternity colony come from one to many
different hibernacula, therefore the summer location of most, if any,
individuals of any particular hibernacula is often not known. Indiana
bats have been documented to travel up to 300 miles from their
hibernaculum to their maternity areas (Gardner and Cook 2002).
Therefore, bats wintering or summering in West Virginia may come from a
number of surrounding states, and the status of Indiana bats within each
state's hibernacula may not reflect the status of that state's maternity
population.

**Reasons for Decline and Continued Threats**

Because disturbance to hibernacula is a major threat to the Indiana bat,
protection of hibernacula is a management priority. Arousal of the bats
following disturbance (e.g., spelunkers, scientists, predators) can be
detrimental (Hall 1962, Myers 1964, LaVal et al. 1976, Humphrey 1978,
LaVal and LaVal 1980). Therefore, entry into Indiana bat hibernacula
should be prohibited from September through May (Humphrey 1978, LaVal
and LaVal 1980, Clawson 1984). Improperly designed cave gates that alter
cave airflow patterns (particularly trapping warm air) may reduce, and
in some instances destroy, hibernacula suitability (Tuttle 1977,
Humphrey 1978, Richter et al. 1993, Tuttle and Kennedy 1999). In
addition to population threats from human disturbance, hibernating
Indiana bats are also vulnerable to natural disturbances, and
destruction of any hibernacula can have a tremendous impact on the
population because of the limited number of hibernacula (Hall 1962).
While many hibernacula have been protected, disturbance to hibernacula
continues. For example, the largest hibernacula in Indiana (50,941
Indiana bats in 2003) is not gated, and based on data from electronic
monitors in the cave, unauthorized visits to this cave occur during
critical life stage periods. Also, at the only large hibernacula in Ohio
(9,436 Indiana bats in 2004), there are still tours, as well as other
commercial activities, taking place in the cave during the hibernation
period.

Land use practices have also been identified as a suspected cause in the
decline of the Indiana bat, particularly because habitat in the bats'
maternity range has changed dramatically from pre-settlement conditions.
Indiana bats exhibit site fidelity to their traditional summer maternity
and foraging areas, and are known to return to the same general area to
establish maternity colonies from year-to-year (Humphrey et al. 1977;
Gardner et al. 1991a, b; Callahan et al. 1997; Indianapolis Airport
Authority 2003, 2004; Kurta and Murray 2002; Butchkoski and Hassinger
2002; Gardner et al. 1991a, Gardner et al. 1996). Roosting/foraging area
fidelity may serve to increase the probability of successful
reproduction, and to maintain social interactions between members of the
population. Bats using familiar foraging and roosting areas may have
decreased

susceptibility to predators, increased foraging efficiency, and an
improved ability to switch roosts if impacts occur to the original roost
(Gumbert et al. 2002). In turn, site fidelity may also inhibit the
ability of Indiana bats to pioneer new areas (Sparks *in* Service 2004).
Due to the ephemeral nature of roosting sites, bats are probably not
dependant on the continued suitability of an individual tree. However,
landscape level alterations in traditional maternity habitats may
adversely affect Indiana bat survival and reproductive success.

In addition to an increased focus on Indiana bat summer habitat,
attention has also been directed to investigate pesticide exposure
(Clark et al. 1987; Clawson 1987; Garner and Gardner 1992; Callahan et
al. 1997; 3D/E 1995; O'Shea and Clark 2002; Kurta and Murray 2002).
Insecticides have been known or suspected as the cause of a number of
bat die-offs in North America, including endangered gray bats in
Missouri (Mohr 1972; Reidinger 1972; Clark and Prouty 1976; Clark et al.
1978). The insect diet and longevity of bats also exposes them to
environmentally persistent organochlorine chemicals that may
bioaccumulate in body tissue and cause sub-lethal effects such as
impaired reproduction (O'Shea and Clark 2002).

**ENVIRONMENTAL BASELINE**

**Winter Populations**

The FEF is located within a five-mile radius of two Indiana bat
hibernacula, Big Springs Blowing Cave and Two Lick Cave. Winter surveys
for Indiana bats in Big Springs Blowing Cave, which is located on the
FEF, have been conducted periodically since 1952. In order to protect
this hibernacula, the cave was gated in 1973. Despite the cave gate, the
population of Indiana bats at Big Springs Blowing Cave started to
decline in 1977, most likely due to continued human disturbance. The
1973 gate was a flat bar design, and the bars were readily bent,
enabling human access. In the summer of 1986, a new cave gate with a
round bar design was installed. Since the installation of the new gate,
the Indiana bat population at Big Springs Blowing Cave has increased and
has remained relatively stable since 1993 (Table 1). Surveys in the
winter of 2004/2005 documented 243 Indiana bats using the cave.

Table 1. Indiana bats documented during winter surveys at Big Springs
Blowing Cave

  ------------------------------------------ ----------------------------
  **Date**                                   **#Bats**

  Winter 1952                                \~ 150

  Winter 1953                                119

  Winter 1972                                \~130-150

  December 1973                              \~130-150

  January 1976                               \~150

  March 1982                                 \~150

  March 1984                                 5

  January 1985                               78

  January 1987                               82

  January 1989                               77

  January 1991                               112

  January 1993                               176

  January 1995                               254

  February 1996                              183

  February 1997                              200

  January 1999                               210

  December 2000                              240

  January 2003                               199

  January 2005                               243
  ------------------------------------------ ----------------------------

Dr. Mark Ford, Northeastern Research Station Wildlife Research
Scientist, has monitored spring emergence dates and fall entrance dates
for bats at Big Springs Blowing Cave during 2001-2004 in order to gather
data regarding pre- and post-hibernation activity. The monitoring data
from Big Springs Cave reveals that bats are entering the cave later then
October 1 in the fall, and emerging from the cave earlier then April 30
in the spring.

Two Lick Cave, located to the south of the FEF on the Monongahela
National Forest, had a small hibernating population in the winter of
1999/2000 of only 3 Indiana bats. Seven Indiana bats were noted in the
2001/2002 surveys and no Indiana bats were documented using this cave
during the winter 2003/2004 surveys (WVDNR 2004).

**Summer and Fall Populations**

When the 2000 BO for the FEF was drafted, evidence was inconclusive as
to whether female Indiana bats utilized any part of West Virginia to
bear and rear their offspring. Since that time at least 3, and
potentially 4, Indiana bat maternity colonies have been documented in
West Virginia. In 2003, 2 post-lactating female Indiana bats were
captured at a location in Boone County, West Virginia. Additional
surveys have documented that a colony of at least 70 bats is present at
that site. (Joel Beverly, Apogee Environmental Consultants, LCC,
personal communication, 2005). In 2004, a second maternity colony of
approximately 25 bats was confirmed in Lower Glady, in Tucker County,
approximately 6 miles from the FEF (D. Arling, USFS, pers. comm.). This
site is located within 2 miles of Cave Hollow/Arbogast cave. That same
summer, 3 male Indiana bats were captured on another site on the MNF in
Pendleton County. These bats were tracked to a roost tree and subsequent
emergence counts on that tree revealed 23 bats. Although, maternity
activity (through the presence of female Indiana bats) was not confirmed
at this site, data suggest that this site may also support a maternity
colony. In 2005, an additional colony of at least 40 bats was located in
another location in Boone County (Jeremy Jackson, Compliance Monitoring
Labs Inc., personal communication, 2005).

In addition to these potential or confirmed maternity colonies,
individual male Indiana bats have been captured during the summer at a
number of locations throughout the state in the following counties:
Tucker, Preston, Clay, Nicholas, Fayette/Nicholas County line, Randolph,
Pendleton, Pocahontas, and Raleigh. Captures of both male and female
bats confirm that the Indiana bat uses forested habitats throughout the
state for summer foraging and roosting.

During the summer and fall of 1995, the WVDNR conducted a survey on the
FEF to determine presence or absence of Indiana bats. The FEF was
selected because it contains a known hibernaculum (Big Springs Blowing
Cave), and potential summer habitat (roost trees, upland forest, and
riparian forest). Mist nets were used to capture bats moving along
travel corridors and a harp trap was placed at the entrance to Big
Springs Blowing Cave. One thousand fifty-four bats of 9 species were
captured during 11 trapping sessions. The first summer record of the
Indiana bat in West Virginia was documented with the capture of 1 male
in June and 5 males in July. No females were captured until August. It
was therefore concluded that the FEF was not being used as a maternity
area at that time. Sixty-nine Indiana bats were captured during the
study, of which five were females. The majority of the Indiana bats (64
of 69) were captured at the cave entrance, and only a few of these
appear to have been trapped as they exited the cave in the evening.
Therefore, it was assumed the bats were apparently using the cave as a
night roost. The locations of the bats' day roosts were not known at
that time (Stihler 1996). This study indicates that some male Indiana
bats stay near their winter hibernaculum through the summer months.

The WVDNR also conducted a study of male Indiana bat roost selection on
the FEF in September 1997 by attaching transmitters to 4 male Indiana
bats. Additionally, in June 2000, scientists at the FEF and West
Virginia University attached a radio transmitter to a single, adult male
Indiana bat (Ford et al. 2002). Both living and dead trees were selected
by the Indiana bats for day roosting. These included northern red oak,
red maple, black cherry, yellow poplar, shagbark hickory, white ash, and
slippery elm. Shagbark hickory, sugar maple, slippery elm, and white ash
are already documented as preferred roost tree species for Indiana bats.
Northern red oak, black cherry and yellow poplar (especially standing
dead) display the roost tree characteristics described within the
recovery plan. However, stand structure data demonstrate that these
preferred tree species are not regenerating on the sites currently used
by roosting Indiana bats. Even though the FEF currently contains the
tree species preferred by Indiana bats for roosting, much of the
regeneration (sapling and pole-size trees) is in red maple, sugar maple,
and American beech. Indiana bats used these species less than expected
based upon their availability in the forest.

During the summers of 2001-2003, researchers at the FEF, in conjunction
with other cooperators, used Anabat acoustical equipment throughout the
FEF to relate bat species presence to habitat conditions and structure
(Ford et al. 2004). The study found that foraging and traveling Indiana
bats were more often associated with riparian than upland areas.
Additionally, the probability of Indiana bat presence increased with the
percent forest canopy cover along those riparian areas (Ford et al.
2004).

In spring 2005, scientists at the FEF conducted studies to assess
post-hibernation dispersal from Big Springs Blowing Cave. Six Indiana
bats were radio tagged, including 1 female. Within a few hours after
release, biologists were unable to locate the radio tagged female,
despite extensive search efforts within the FEF. It is assumed that the
female almost immediately began migration to her maternity area which
was somewhere outside the FEF. Both male bats that were tracked to their
day roosts used overstory shagbark hickory trees either within the FEF
or in a private woodlot that had been recently timbered and was located
close to Forest Service property.

In summary, both male and female Indiana bats use the FEF for swarming
and hibernation. While male Indiana bats are known to be present
throughout the year, there is no evidence that the FEF currently
supports any Indiana bat maternity activity.

**Forestry conditions**

Within the FEF, the topography is mountainous with elevations ranging
from 1750 to 3650 feet above sea level. Mountainous slopes ranging from
20 to 50 percent cover most of the area. The FEF is dominated by closed
canopy mixed mesophytic forests (Braun 1950, Schuler and Fajvan 1999 in
FEIS). Characteristic tree species include, but are not limited to
northern red oak, yellow-poplar, black cherry, sugar maple, bitternut
hickory, black birch, red maple, and American beech. Of the 4615 acres
composing the FEF, approximately 845 acres are under even-aged
management, 1120 acres are under uneven-aged management, 355 acres are
biological controls (monitored but not manipulated), and the remaining
acres are neither manipulated nor within an existing study. Most of the
forest (98%) is in uneven-aged management, control, or unmanaged which
results in closed overstory canopies. Within a five-mile radius of Big
Springs Blowing Cave on the FEF, a 100-foot buffer around roads,
permanent openings, and regeneration areas less than 10 years of age,
shows the landscape is 83.9% closed forest. There are currently fewer
than 120 acres in open condition (i.e. less than 70% overstory closure).
Of these 120 acres, there are 27.2 miles of graveled haul road on the
FEF, and approximately 53 acres of non-forested openings such as logging
decks, weir sites, skid roads, and parking areas.

The FEF has approximately 35 miles of streams, 9 artificial ponds (8 of
which are weir ponds), and a reservoir. The FEF incorporates part of the
Stonelick Run watershed and the headwaters of the Sugarcamp Run and
Canoe Run watersheds. Elklick Run drains into the Black Fork River, and
Stonelick, Canoe Run and Sugarcamp Run all drain into the Shavers Fork
River. These 2 rivers join to form the Cheat River just north of
Parsons. Streamside Management Zones (SMZ) are established along
perennial and intermittent streams. Buffer strips 100 feet wide are
maintained along each side of perennial streams, such as Elklick Run. No
timber harvesting can take place along perennial stream banks, and 75%
canopy cover must be maintained in the SMZs. Intermittent streams will
have a 50 ft. buffer zone along each side of the stream, and 50% canopy
cover must be maintained in the SMZs. These habitat conditions provide
excellent foraging habitat for Indiana bats.

**EFFECTS OF THE ACTION**

The FEF proposes to conduct logging and prescribed fire activities on
approximately 960 acres over the next 5 years. Most of the projects are
part of ongoing research initiated in the 1950s and later. The action
involves tree removal activities on approximately 493 acres (11% of
FEF), and prescribed fire on approximately 460 acres (9.9 % of FEF).
These activities could potentially result in take of Indiana bats
through direct mortality or injury or indirectly through harm and
harassment. Harm is defined to include significant habitat modification
or degradation that results in death or injury to listed species by
significantly impairing normal behavioral patterns such as breeding,
feeding, or sheltering. Harass is defined as actions that create the
likelihood of injury to listed species to such an extent as to
significantly disrupt normal behavioral patters such as breeding,
feeding, and sheltering. However, the likelihood and severity of this
potential take depends on site-specific conditions including available
data on Indiana bat activity in the action area, the timing of the
action, the type of habitat modification proposed, and characteristics
and amount of habitat remaining available after the proposed activity is
conducted.

**Tree Removal Activities -- Direct Effects**

The FEF is unable to commit to clearing all trees during the hibernation
period because 1) they have limited staff available to conduct the work;
2) weather conditions and other uncontrollable factors often restrict
their ability to work; and 3) the research designs often control the
timing of particular cuts. The amount of tree clearing conducted during
these 2 time periods varies year-to-year based on a number of factors
including weather conditions. Based on activities conducted during the
previous 5 years, it is estimated that approximately 25% of each year's
tree clearing activities will conducted during the non-hibernation
period.

Tree removal during the non-hibernation period (April 1 - November 14)
may result in mortality (direct take) of roosting Indiana bats, if a
tree is removed intentionally or felled accidentally that contains a
roosting bat or a maternity colony. If a bat using a roost tree that is
removed is not killed during the removal, the roosting bat would be
forced to find an alternative tree, potentially expending a significant
amount of energy that would result in harm or harassment of the
individual. The effects of cutting potential Indiana bat roost trees
will vary depending on the timing of the activity. If the trees are cut
early in the maternity period, when the females are pregnant and within
established home ranges (May -- June), "adult females are faced with
finding suitable maternity sites at a time when they are already
stressed from the rigors of hibernation, migration, and the increased
energy costs of pregnancy" (Garner and Gardner 1992). This increased
energy expenditure could also cause decreased: fitness, reproductive
success, or survival of young. If trees are cut during the lactation
portion of the maternity period when young are not volant (June to early
July), young would likely be injured or killed during the felling. Tree
cutting during these 2 times of year potentially have the most severe
direct effects. While it should be noted that existing data do not
provide evidence that Indiana bats are using the FEF for maternity
activity, the FEF proposes to cut trees only between the dates of
October 1 -- April 30, thereby avoiding activities during the times of
year that would have the most severe effects in the event that Indiana
bats are found using the area for maternity activity at some point in
the future.

Existing data confirm that male Indiana bats may be present within the
FEF throughout the year, and that both male and female bats use the FEF
for fall swarming activity. The monitoring data from Big Springs Blowing
Cave reveals that some bats are emerging from the cave earlier then
April 30 in the spring and are entering the cave later than October 1 in
the fall. Therefore conducting timber clearing activities outside the
Indiana bat hibernation period in the early spring (March 31 to April
30) and in the late fall (October 1 to November 15) may disrupt bats
engaging in spring emergence and fall swarming and roosting behavior.
Bats could potentially be killed or injured, or be forced to flee if an
occupied roost tree was cut. Female Indiana bats in the non-maternity
season and/or males typically have numerous suitable day-roosts
available and they frequently roost-switch. At this time of year, bats
often roost individually, rather than in groups. While the potential to
cut an occupied roost tree does exist, given the large amount of
forested habitat within the FEF, and the localized and relatively small
scale of tree clearing

activities that will occur during the spring and fall periods, the
Service concludes that the likelihood has been minimized, and that any
harm and harassment to the bats would be short-term and localized.

**Tree Removal Activities -- Indirect Effects**

Indirect effects are defined as those that are caused by the proposed
action and are later in time, but still are reasonably certain to occur
(50 CFR 402.02). Removal of living trees or snags that have the
potential to serve as roosts for maternity colonies or individual bats,
or reduction of density of mature trees and overstory canopy could
result in the loss or reduction in suitability of the summer (roosting
and foraging) and pre-hibernation (fall foraging) habitat. Overall, the
proposed tree removal activities within the FEF fall into three general
categories that can be related to severity of impacts to the Indiana
bat: light thinning, extensive thinning, and regeneration
harvests/clearcuts. A total of 493 acres (11% of the FEF) are proposed
to undergo at least one of these silvicultural treatments (tree removal
activities) over the next 5 year period, however, less then 1% would be
subject to complete overstory removal.

Light thinning, including single-tree selection and some diameter limit
harvests, are proposed on 362 acres (7.7% of the FEF). The conditions
created by the proposed light thinning are not expected to decrease the
long-term suitability of these areas as Indiana bat roosting habitat.
Conversely, light thinning will create openings in the forest canopy
that could improve foraging as well as roosting conditions. Indiana bat
primary roosts are usually not surrounded by closed canopy and are often
warmed by solar radiation, which provides a favorable microclimate for
growth and development of young during normal weather. Humphrey *et al.*
(1977) hypothesized that roost trees were usually located in openings
within the forest because they provided the necessary thermoregulatory
characteristics. This is supported by the analysis conducted at several
maternity sites by Romme' (1995) who found that most roosts were located
in areas that had a canopy closure of 60 to 80%. The proposed thinning
will also increase the solar exposure of the remaining trees within the
harvest area, thus potentially making them more suitable for Indiana bat
roosting habitat.

Since it appears that Indiana bats utilize many different habitat types
when foraging, the opening of the overstory as a result of these
treatments would not change the abundance of foraging habitat on the
landscape. Owen et al. (2004) found that areas subject to these types of
treatment still approximate usable foraging habitat for Myotis species.
Additionally, Callahan et al. (1997) stated that even-aged and
uneven-aged management could be used in conjunction with Indiana bat
management when snags and shagbark hickories are retained, and
management favors oak species. Shagbark hickory is a protected tree
species on the FEF, and several proposed research studies state oak
restoration and regeneration as one of their objectives. Areas affected
by these types of activities should remain suitable for Indiana bat
foraging and roosting habitat.

Extensive thinning, including shelterwood harvests and heavy diameter
limit harvests, are proposed for 104.3 acres (2.2% of the FEF). Because
greater numbers of trees are removed and canopy closure is significantly
reduced when compared to light thinning, these areas may have
sub-optimal characteristics when compared to existing Indiana bat
habitat suitability indexes. Areas affected by extensive thinning
activities will have reduced suitability for Indiana bat foraging and
roosting habitat.

Regeneration/clearcut harvests will be conducted on 23.2 acres (0.5% of
the FEF). Regeneration harvesting would affect potential foraging and
roosting habitat and travel corridors by reducing canopy cover below
suitable levels (Romme' 1995). All potential roost trees would be
removed and future roost tree availability would be reduced, making
these areas unsuitable for Indiana bat roosting. The effect of potential
roost tree loss would last several decades until trees in the
regenerated areas reach roost tree size. Therefore, the effects of
clearcut harvesting are more severe and last for a greater duration than
the other proposed silvicultural activities.

Less than 3% of the FEF will be affected by silvicultural activities
that will significantly reduce or eliminate their suitability for
Indiana bat foraging and roosting habitat. When project impacts are
considered in conjunction with baseline conditions, a total of
approximately 3.6% of the project area would consist of non-forest or
openings that are not suitable Indiana bat habitat, and the remaining
project area (96.4%) would consist of suitable forested habitat with a
mixed composition of age classes.

The FEF proposes to implement Riparian Management Guidelines for all
activities proposed in the project area. Indiana bats often
preferentially use forested riparian areas for foraging. (Belwood 1979;
Cope et al. 1978; Humphrey et al. 1977; Clark et al. 1987; Gardner et
al. 1991*b*). The recent work of Owen et al. (2004) illustrates and
further supports the biological importance of forested riparian habitats
to bats in the Appalachians. Protection of riparian corridors will help
ensure that high quality and preferred Indiana bat foraging habitat will
be maintained.

Given that 96.4% of the project area will be maintained as potentially
suitable Indiana bat foraging and/or roosting habitat; that preferred
foraging habitat will be protected; and activities will not be conducted
during the most sensitive times of year; the Service concludes that the
action area will remain able to support Indiana bats after completion of
the proposed action, and that the potential direct and indirect adverse
effects caused by proposed tree clearing activities have been
appropriately minimized.

**Prescribed Fire**

Prescribed fire would be used on a total of approximately 460 acres (10%
of the FEF). Fire management techniques would be conducted according to
West Virginia Department of Forestry regulations, and would ensure fuel
consumption at 1-5 ft/min. Conducting prescribed burning outside the
hibernation period could result in direct mortality or injury to the
Indiana bat caused by burning or smoke inhalation, especially death to
young bats that are not able to fly. The likelihood of this happening,
however, is reduced due to the proposed method and timing of the
burning. Prescribed fire would only be conducted in the spring prior to
May 31, which is prior to the time that most young are born or in the
fall after October 1, which is after all young are volant. While little
to no research is available to document the potential direct effects of
fire on Indiana bats, anecdotal information suggests that, Indiana bats
might be capable of escaping burning roost trees when necessary and if
volant. In Tucker County, West Virginia on MNF land, a myotid bat flew
out of a burning snag during a prescribed fire and into an unburned
forested area during the spring 2001 (Rodrigue and Schuler, personal
communication). Additionally, two red bats (*Lasiurus borealis*) were
observed flying from another prescribed burn unit into an unburned area
during another prescribed fire (Rodrigue et al. 2001). Because the
proposed burns will be slow moving, most bats should have time to move
out of the affected area. As a result, the Service anticipates that the
likelihood of direct mortality from prescribed burning is minimized.

Indirect effects in the form of harm or harassment of Indiana bats may
result from loss of potential roost trees, or by forcing the bats to
abandon active roost trees. However, the FEF has incorporated measures
that should minimize these impacts. The proposed method of burning
should ensure that the proposed fires are relatively cool and it is not
anticipated that whole large trees or snags that are suitable for
Indiana bat roosts will be consumed/combusted. In addition, the FEF is
maintaining most of the action area as forested habitat. Female Indiana
bats in the non-maternity season and/or males typically have numerous
suitable day-roosts available and they frequently roost-switch;
therefore in the event that a bat is forced to flee from a burn area
where it is roosting, other day-roosts are likely present on the area
nearby, and available for Indiana bats to use.Based on these factors,
the Service anticipates that while the potential for take in the form of
harm and harassment of individual Indiana bats as a result of prescribed
burns does exist, the potential for and the severity of these impacts
has been minimized.

While prescribed burns could have some negative effects on the Indiana
bat, as described above, overall prescribed fire will likely improve
Indiana bat foraging and roosting habitat. Prescribed burning most often
results in some degree of midstory mortality to small-diameter trees and
shrubs, producing more open understory conditions. Opening of the
midstory may improve foraging and roosting habitat conditions.
Individual mortality to trees would increase the number of snags and
create scattered canopy gaps, which would improve roosting. Increased
insect populations produced in burned areas for foraging is also likely
to occur in successional years. Carter et al. (2000) state that
additional potential roost cavities and snags can be created in forested
stands by utilizing prescribed fire, depending on fire intensity,
increase the availability of snags. Snags could be created either
directly by fire mortality or indirectly by making them more susceptible
to insect attacks or pathogens (Bull et al. 1997). Depending on the tree
species, live trees subsequently killed by fire activity would remain as
suitable potential roost trees until such a time that peeling/lost bark
renders them unsuitable as summer roost sites. The Indiana bat maternity
colony discovered in the summer of 2004 in Lower Glady, Tucker County,
West Virginia was located in an area subjected to a wildfire during the
spring of 2002 (D. Arling, USFS, pers. comm.). This site is located in
close proximity to an Indiana bat hibernacula, and to the FEF. It is
likely that Indiana bats are using this area as a maternity site as a
result of its close proximity to a hibernacula and the abundance of
roost trees that were created as a result of forest fires. The FEF
proposes to conduct a study that would replicate these conditions and
evaluate the response of Indiana bats. This research has the potential
to develop improved management recommendations to the benefit of the
species not only within the FEF, but also throughout its range.

###### Ammonium nitrate fertilization and Herbicide Application

Ammonium sulfate fertilizer pellets would be applied three times a year
to an 84.7 acre watershed. Herbicide application would be used on 2.5
acres to control the spread of Japanese stiltgrass, and on individual
trees on an as-needed basis. The Service concurs that, as described in
the BA, these proposed activities are not likely to adversely affect the
Indiana bat.

**Implementation of conservation measures**

The implementation of project-specific protection and conservation
measures, along with the terms and conditions associated with reasonable
and prudent measures requested by the Service below, will minimize any
adverse direct and indirect effects of the project and would ensure that
this action area would remain suitable to support Indiana bats in the
future by: 1) protecting a known Indiana bat hibernacula; 2) retaining
Indiana bat travel corridors and foraging habitat by protecting riparian
corridors; 3) maintaining and providing adequate Indiana bat roosting
habitat; 4) creating and/or enhancing potential Indiana bat summer
habitat within the FEF; and 5) conducting monitoring and research for
the benefit of the Indiana bat. If future monitoring or research
conducted on the FEF identifies evidence of Indiana bats utilizing the
project area for summer maternity habitat, the FEF would consult with
the Service and the WVDNR to develop, as appropriate, additional
protective measures in accordance terms and conditions outlined below.

**CUMULATIVE EFFECTS**

Cumulative effects include the combined effects of any future state,
local, or private actions that are reasonably certain to occur within
the action area covered in this BO. Future federal actions that are
unrelated to the proposed action are not considered in this section
because they require separate consultation pursuant to section 7 of the
ESA. Future federal, State, local and private actions that are
reasonably certain to occur within the action area, i.e., the MNF, will
either be carried out by, or will require a permit from, the Forest
Service. These actions will therefore require a section 7 consultation.
The Service is not aware of any future state, local, or private actions
that could occur within the action area that would not be subject to a
section 7 review. Therefore, cumulative effects, as defined in the ESA,
are not expected to occur within the action area and will not be
addressed further in the BO.

**CONCLUSION**

After reviewing the current status of Indiana bat, the environmental
baseline, the effects of the proposed action and the cumulative effects,
it is the Service\'s biological opinion that implementing the FEF's
proposed activities consistent with the preferred alternative
(Alternative C), as proposed, is not likely to jeopardize the continued
existence of the Indiana bat. Critical habitat has been designated for
this species, however none will be affected by this action.

**INCIDENTAL TAKE STATEMENT**

Section 9 of the ESA and federal regulation pursuant to section 4(d) of
the Act, prohibit the take of endangered and threatened species,
respectively, without special exemption. Take is defined as to harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or
attempt to engage in any such conduct. Harm is further defined by the
Service to include significant habitat modification or degradation that
results in death or injury to listed species by significantly impairing
behavioral patterns, including breeding, feeding, or sheltering. Harass
is defined by the Service as intentional or negligent actions that
create the likelihood of injury to listed species to such an extent as
to significantly disrupt normal behavioral patterns which include, but
are not limited to, breeding, feeding or sheltering. Incidental take is
defined as take that is incidental to, and not the purpose of, the
carrying out of an otherwise lawful activity. Under the terms of section
7(b)(4) and section 7(o)(2), taking that is incidental to and not
intended as part of the agency action is not considered to be prohibited
taking under the Act provided that such taking is in compliance with the
terms and conditions of this Incidental Take Statement.

The measures described below are non-discretionary, and must be
undertaken by the FEF and any applicant or agent, as appropriate, for
the exemption of section 7(o)(2) to apply. The FEF has a continuing duty
to regulate the activity covered by this Incidental Take Statement. If
the FEF should (1) fail to assume and implement the terms and
conditions, or (2) fail to require an applicant to adhere to the terms
and conditions of the Incidental Take Statement through enforceable
terms that are added to any permit or grant document, the protective
coverage of section 7(o)(2) may lapse. In order to monitor the impact of
incidental take, the FEF must report the progress of the action and its
impact on the species to the Service as specified in the Incidental Take
Statement \[50 CFR \' 402.14(i)(3)\].

**Level of Take**

The Service anticipates that incidental take of Indiana bats as a result
of the Forest Service=s research activities implemented on the FEF will
be difficult to quantify and detect due to the bat=s small body size,
widely dispersed individuals under loose bark or in cavities of trees,
and unknown areal extent and density of their summer roosting
populations range within the FEF. However, any incidental take of
Indiana bats is expected to be in the form of killing, harming, or
harassing. Tree removal during the non-hibernation season period (April
1 -- November 14) may result in harm or mortality to roosting Indiana
bats. Smoke and fire generated during prescribed burns that occur during
the non-hibernation period could also cause roosting bats distress or
death. Burning may cause an individual roosting bat to abandon a
traditionally used roost tree.

Monitoring to determine take of individual bats within an expansive area
of forested habitat is a complex and arduous task. Unless every
individual tree that contains suitable roosting habitat is inspected by
a knowledgeable biologist before management activities begin, it would
be impossible to know if a roosting Indiana bat is present in an area
proposed for harvest. It would also be impossible to evaluate the amount
of incidental take of Indiana bats unless a post-harvest inspection is
immediately made of every tree that has been removed or disturbed.
Inspecting individual trees is not considered by the Service to be a
practical survey method and is not recommended as a means to determine
incidental take. However, the areal extent of potential roosting habitat
affected can be used as a surrogate to monitor the level of take.
Although, to the best of our knowledge, no individually roosting Indiana
bats have been incidentally taken during tree removal or other habitat
modifying activities on the FEF, the possible removal of undiscovered
occupied roost tree(s) may result in incidental take of this species.
The Service believes that if roosting individuals are present in an area
proposed for timber harvest or other disturbance, incidental take of
Indiana bats could occur. However, implementation of the terms and
conditions associated with the reasonable and prudent measures provided
below by the Service, will significantly reduce the potential of
incidental take.

This incidental take statement anticipates the taking of a presently
unquantifiable number of Indiana bats from timber harvest, road
construction and prescribed burning occurring during the non-hibernation
season (April 1 - November 14) on the FEF. The FEF proposes to conduct
tree removal activities on a total of 493 acres over the next 5 years.
It is estimated that 25% of these activities will be conducted during
the non-hibernation period. Therefore, approximately 124 acres of
suitable Indiana bat habitat will be affected by timber harvest and road
construction activities that might result in take of Indiana bats. In
addition, a total of 466 acres of prescribed burning may affect an
unquantifiable number of Indiana bats. Depending on climatic conditions,
all or a portion of the proposed prescribed burning may occur during the
non-hibernation period. Therefore, the incidental take statement is
based on the timber harvest and road construction activities occurring
on a maximum 124 acres and prescribed burning on a maximum of 466 acres
over the next 5 year period.

However, implementation of the terms and conditions associated with the
reasonable and prudent measures will reduce the impact of the potential
for incidental take. If, during the course of the action, this level of
incidental take is exceeded, such incidental take represents new
information requiring reinitiation of consultation and review of the
reasonable and prudent measures provided. The FEF must immediately
provide an explanation of the causes of the taking and review with the
Service the need for possible modification of the reasonable and prudent
measures. Research or other activities on the FEF that would increase
the number of acres harvested or otherwise affected by tree removal or
burning during the non-hibernation season would be considered to affect
this determination and would require reinitiation of formal
consultation.

**REASONABLE AND PRUDENT MEASURES**

The Service believes the following reasonable and prudent measures
(RPMs) are necessary and appropriate to minimize incidental take of the
Indiana bat. In order to be exempt from the prohibitions of section 9 of
the ESA, the FEF must comply with the following terms and conditions
which implement the RPMs and outline reporting/monitoring requirements.
These terms and conditions are non-discretionary. Each RPM is listed in
italics, followed by numbered terms and conditions that implement each
RPM.

*RPM 1: Proposed research activities shall be planned, evaluated and
implemented consistent with measures developed to protect the Indiana
bat and reduce adverse impacts from prescribed burns and the removal of
potentially occupied roost trees.*

1.  Retain all shagbark hickory on the FEF except where such trees
    present a safety hazard.

2.  Protect all known roost trees on the FEF until such time as they no
    longer serve as roost trees (e.g. loss of exfoliating bark or
    cavities, blown down or decay).

3.  Conduct timber harvests during the non-hibernation period in mesic,
    cooler habitats on the FEF, as proposed.

4.  Conduct all timber harvesting (tree cutting) on the FEF between
    October 1 and April 30 each year, as proposed. Conducting timber
    harvests between October 1 and November 15 shall be avoided to the
    extent practicable.

5.  Conduct all prescribed burns on the FEF between October 1 and May
    31.

6.  Establish and maintain streamside management zones along perennial
    and non-perennial streams to protect streams, aquatic health and
    riparian zones on the FEF, as proposed.

7.  If evidence of a maternity colony is discovered on the FEF, the
    Forest Service will coordinate with the Service and WV DNR to
    establish any necessary additional habitat protection and monitoring
    measures not aforementioned.

*RPM 2: The Forest Service shall monitor the status of the Indiana bat
on the FEF during the non-hibernating season.*

1.  Monitor Indiana bat activity numerous times throughout the
    non-hibernating period using Anabat II detectors at 4 permanent
    survey sites on the FEF (Fork Mountain Pond, Big Springs, Wier Pond
    1, and Elklick Run) to establish within and among-year variation in
    Indiana bat presence and activity on the FEF.

2.  Additional Indiana bat monitoring will occur in conjunction with the
    study: "Prescribed burning and variable intensity overstory
    mortality for enhanced wildlife habitat structure and long-term oak
    restoration (Study number yet to be assigned)" to assess
    effectiveness of accelerated roost-tree creation where likely
    day-roosts will be created by assessing relative activity levels
    indicative of either foraging or roost exit/emergence. These levels
    also will be compared to those in unburned, control stands.
    Potential day-roosts created though experimental activities should
    be quantified. A monitoring plan shall be coordinated and approved
    by the Service and the WVDNR. The monitoring plan should be reviewed
    and updated as needed, on an annual basis.

3.  Monitor Indiana bat activity using Anabat II detectors in the spring
    and the fall at Big Springs Blowing Cave to determine dates of
    emergence and hibernation to establish long-term trends regarding
    dates of entry and exit.

4.  The FEF will provide the Service and the WVDNR with an annual report
    of the results of the monitoring conducted under 2.1-2.3 by January
    15 of each year.

*RPM 3: The Forest Service shall monitor timber harvest and other
activities on the FEF to determine whether mitigation measures to
protect threatened, endangered and sensitive species, and the terms and
conditions of the BO are being implemented.*

1.  The number of acres of prescribed burns and trees harvested during
    the non-hibernation seasons must be monitored on an annual basis.
    Information on the previous year's activities shall be provided to
    the Service no later than January 15 of each year.

**CONSERVATION RECOMMENDATIONS**

Section 7(a)(1) of the ESA directs federal agencies to utilize their
authorities to further the purposes of the Act by carrying out
conservation programs for the benefit of endangered and threatened
species. Conservation recommendations are discretionary agency
activities to

minimize or avoid adverse effects of a proposed action on listed species
or critical habitat, to help implement recovery plans, or to develop
information. The Service recommends the following:

1)  Under cooperation with the Service and the WVDNR, the FEF should
    develop and implement a program to radio-track Indiana bats. To the
    extent practicable, Indiana bats of both sexes should be outfitted
    with radio-transmitters and tracked to day-roosts used during 1)
    immediate post-hibernation emergence; 2) summer-maternity season;
    and 3) early- to mid-fall swarm periods.

2)  Continue to develop outreach programs that disseminate information
    about eastern woodland bat species and their conservation needs.
    Primarily, this program should target federal, state, and private
    land managers and natural resource professionals. Opportunities to
    provide such information to the general public would also be
    encouraged.

In order for the Service to be kept informed of actions minimizing or
avoiding adverse

effects or benefiting listed species or their habitats, the Service
requests notification of

the implementation of any conservation recommendations.

**REINITIATION NOTICE**

This concludes formal consultation for the FEF proposed activities under
Alternative C. As required by 50 CFR 402.16, reinitiation of formal
consultation is required where discretionary federal agency involvement
or control over the action has been retained (or is authorized by law)
and if: (1) the amount or extent of incidental take is exceeded; (2) new
information reveals effects of the agency action that may affect listed
species or critical habitat in a manner or to an extent not considered
in this opinion; (3) the action is subsequently modified in a manner
that causes an effect to the listed species or critical habitat not
considered in this opinion; or (4) a new species is listed or critical
habitat is designated that may be affected by the action. In instances
where the amount or extent of incidental take is exceeded, any
operations causing such a take must cease, pending reinitiation.

The Service appreciates the opportunity to work with the Forest Service
in fulfilling our mutual responsibilities under the Endangered Species
Act. If you have any questions regarding this letter, please contact Ms.
Barbara Douglas of my staff at (304) 636-6586 ext. 19, or at the
letterhead address.

> Sincerely,

Thomas R. Chapman

Field Supervisor

cc:

Mary Beth Adams -- FEF

Dan Arling -- MNF

Craig Stihler - WVDNR

Project File

Reader File

ES: WVFO:BDouglas:skd:12/16/2005

Filename:
/media/pszemraj/PeterTrove/project-files/DATA/ms-word-files/big-DOC/159104.doc

**LITERATURE CITED**

Barclay, R.M.R., and L.D. Harder. 2003. Life histories of bats: life in
the slow lane. *In* T.H. Kunz and M.B. Fenton (eds.), Bat ecology.
University of Chicago Press; Chicago, Illinois.

Barclay, R. M. R., and A. Kurta. In press. Ecology and behavior of bats
roosting in tree cavities and under bark. *In* Conservation and
Management of Bats in North American Forests (M. Lacki, J. Hayes, and A.
Kurta, eds). Johns Hopkins University Press, Baltimore, Maryland.

Barclay, R.M.R. and A. Kurta. 2004. Day roosting ecology of bark and
cavity roosting forest bats: a synthesis. 2nd Bats and Forest Symposium
and Workshop, March 9-12, 2004. Hot Springs, Arkansas.

Bartgis, R.L. 1985. Rediscovery of *Trifolium stoloniferum* Muhl. ex A.
Eaton. Rhodora, 87:425- 429.

Belwood, J. J. 1979. Feeding ecology of an Indiana bat community with
emphasis on the endangered Indiana bat, *Myotis sodalis*. M.S. thesis,
University of Florida, Gainesville, Florida.

Belwood, J. J. 2002. Endangered bats in suburbia: observations and
concerns for the future. *In* The Indiana bat: biology and management of
an endangered species (A. Kurta and J. Kennedy, eds.). Bat Conservation
International, Austin, Texas.

Brack, V., Jr. 1983. The non-hibernating ecology of bats in Indiana with
emphasis on the endangered Indiana bat, Myotis sodalis. Ph.D.
dissertation, Purdue University, West Lafayette, Indiana.

Brack, V., Jr., and R. K. LaVal. 1985. Food habits of the Indiana bat in
Missouri. Journal of Mammalogy 66:308--315.

Britzke, E. R. 2003. Spring roosting ecology of female Indiana bats
(*Myotis sodalis*) in the Northeastern United States. Report prepared
for the New England Field Office, USFWS, Concord, NH 03301. 24 pp.

Britzke, E.R., A.C. Hicks, S. L. von Oettingen, and S. R. Darling. In
press. Description of spring roost trees used by female Indiana Bats
(*Myotis* sodalis) in the Lake Champlain valley of Vermont and New York.
American Midland Naturalist. 21 pp.

Butchkoski, C. M., and J. D. Hassinger. 2002. Ecology of a maternity
colony roosting in a building. *In* The Indiana bat: biology and
management of an endangered species (A. Kurta and J. Kennedy, eds.). Bat
Conservation International, Austin, Texas.

Callahan, E. V. 1993. Indiana bat summer habitat requirements. M.S.
Thesis. University of Missouri, Columbia.

Callahan, E. V., R. D. Drobney, and R. L. Clawson. 1997. Selection of
summer roosting sites by Indiana bats (Myotis sodalis) in Missouri.
Journal of Mammalogy 78:818--825.

Carter, T.C., W.M.Ford, and M.A. Menzel. 2000. Fire and bats in the
Southeast and Mid- Atlantic: more questions then answers? **In**:
Proceedings: the role of fire for nongame wildlife management and
community restoration: traditional users and new directions. September
15; Nashville, TN. Gen. Tech. Rep. NE-288. Newtown Square. PA: U.S.
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