The Endangered Species Act is in need of reform to prevent groups from misusing the law. The proposal to list the Northern Long Eared bat under current guidelines does not provide solutions for addressing the cause of the bat's decline - White Nose Syndrome. Listings need to be made with verifiable scientific data that provides support for the issues on hand. As for the case of the the NLEB, a cure for WNS should be the focus of the guidelines, not industry activity which has no impact on the bats' population.

1. Overview of the Endangered Species Act (ESA)
• Passed in 1973
• Threatened Species
• any species which is likely to become an endangered
species within the foreseeable future throughout all or a
significant portion of its range.
• Endangered Species
• any species which is in danger of extinction throughout all
or a significant portion of its range…
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2. How The ESA Can Apply to
Private Landowners
ESA’s Definition of take:
“to harass, harm, shoot, wound, kill, trap, capture
or collect” an endangered species; or
“to attempt to engage in any such conduct”
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3. What is the “take away” from the prohibition
on “taking” species under the ESA:
• Applies to “any person” which includes: private
landowners, corporations, and States;
• Applies to intentional and negligent acts;
• Applies to threatened and endangered species;
• “Harming” species, includes habitat
modification.
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5. Northern Long Eared Bat
An example of the misapplication of ESA
An example of the misapplication of ESA

9. Guidelines do not cure WNS.
•Restrictions on warm season timber harvesting from
April to October
•Seasonal limitations on activities within 5 mile radius
of bat hibernacula, 1.5 mile radius roost tree, 3 miles
where NLEB has been captured or acoustically
detected.
•Overly broad restrictions on forest management,
such as direction to “retain and avoid impacting
potential roost trees, which includes live or dead
trees and snags equal to or greater than 3 inches
diameter at breast height that have exfoliating bark,
cracks, crevices or cavities.”

10. What can we do?
•Forestry Products Industry Coalition of 53 organizations
submitted comments on August 29
•Engage USF&W to use science and field data to support
listings
•Reform efforts to address misuse of ESA
- Economic impact
- Transparency of listings
- Sue and Settle
- Follow the Money