For Immediate Release, January 29, 2008

Contact: Mark Donham, Heartwood, (618) 564-3367, markkris@earthlink.net
Leigh Haynie, Center for Biological Diversity, (337) 962-6387, lhaynie@biologicaldiversity.org

RUTLAND, Vt.– In response to information about a mysterious illness that has been associated with the deaths of more than 8,000 bats, conservation groups today asked the U.S. Fish and Wildlife Service to close all bat hibernation sites and withdraw all federal permits to “take” — that is, harm or kill — imperiled bats until the cause of the deaths is understood. One species of bat that is at risk is
the endangered Indiana bat.

While details are limited, scientists have given the name “white-nose syndrome” to describe a Fusarium mold that is exhibited around the dead bats’ noses. The syndrome is associated with the discovery of thousands of dead bats in at least two Albany, New Yorkarea caves last winter. The two caves apparently lost over half their populations. This winter the “white-nose syndrome” has been found
on a bat in a Vermont cave.

“Throughout the years, we have warned that the Indiana bat was one catastrophe from extinction. The public needs to know what the Fish and Wildlife Service is doing to meet this immediate threat, ” said Mark Donham, program director for Heartwood.

The Indiana bat is one of the most endangered terrestrial mammals in the world. It was first listed under the Endangered Species Preservation Act of 1966. At least 700 individuals of this endangered and legally protected species have died in New York in the past 18 months. It is unknown if white-nose syndrome is the cause of the death or a symptom of what causes the death.

“Regardless of why these bats are dying, we must prepare for the worst,” said Leigh Haynie, staff attorney for Center for Biological Diversity. “The Missouri and Kentucky populations of Indiana bats have been decimated; if the Vermont and New York populations of this endangered species are also dying, the Fish and Wildlife Service must take immediate emergency action to ensure this species does not go extinct. These are dire circumstances. The agency must act with all due haste.”

The Center for Biological Diversity is a nonprofit conservation organization with more than 40,000 members dedicated to the protection of endangered species and wild places. www.biologicaldiversity.org

Heartwood is a regional, nonprofit organization with a focus on environmental issues, particularly the protection of forests in the eastern United States. Heartwood is active in the protection of forests and native species of the eastern United States.

Letter sent to US Fish and Wildlife, Department of Interior, Forest Service, and other federal agencies:

January 29, 2008

Dirk Kempthorne, Secretary of the Interior
U.S. Department of the Interior
1849 C Street, N.W.
Washington, D.C. 20240
Fax: 202-208-5048

Dale Hall
United States Fish and Wildlife Service
1849 C St. NW
Washington, DC 20240

U.S. Fish and Wildlife Service
Region 3
1 Federal Drive
Ft. Snelling, MN 55111
Fax: 612-713-5280

Re: Open Letter for Emergency Action

Dear Secretary Kempthorne and Director Hall:

Heartwood and the Center for Biological Diversity (“Center”) formally request that the Secretary
of Interior through the Fish and Wildlife Service (“FWS”) promptly stop all adverse actions on
federal lands to endangered bats pursuant to your authorities under the Endangered Species Act
(“ESA”) (16 U.S.C. § 1531 et seq.). Specifically, Heartwood and the Center ask that the agency
close all hibernacula to recreational use where the following endangered bats may be found:

• gray bat (Myotis grisescens)
• Indiana bat (Myotis sodalis)
• Ozark big-eared bat (Corynorhinus (Plecotus) townsendii ingens)
• Virginia big-eared bat (Corynorhinus (Plecotus) townsendii virginianus).

Heartwood and the Center also ask the FWS to withdraw all Incidental Take Statements to the
Forest Service to prevent further mortality in light of the deaths associated with the White Nose
Syndrome (“WNS”) on the endangered bats. As you are likely aware, at least 8,000 bats were killed last year in New York state hibernacula. This year, WNS has been found in Vermont hibernaculum as well. This is an unprecedented threat and constitutes a threat to the recovery of the species. With these mysterious deaths now recorded by scientists over two consecutive winters, and with limited if not minimal surveys having been conducted for the disease, it is confounding why this issue was not represented in the 2007 draft recovery plan or through direct analysis and recuperative action by the agency.

The FWS should immediately implement the following actions:

1. Hibernacula Closure:
Until the biologists have a grasp of what is killing the bats, caves and mines
containing large populations of hibernating bats of any species, including but not
necessarily limited to the Indiana, gray, Virginian big-eared, and little brown bats,
should be closed to human traffic to help prevent the spread of WNS.

2. Education and Research:
The FWS needs to allocate funds to explain to the general public why access to
caves has been restricted. This threat provides an opportunity to the state and
federal agencies in charge of bat management to communicate the importance of a
healthy ecosystem and how bats are an integral part of a healthy ecosystem. In
addition, funds and personnel must be allocated to research of the threat. Such
research must address the causes of WNS, containment methods, and solutions.

3. Incidental Take Statements:
Until the extent of the deaths is known, all known agency actions that are “likely
to adversely affect” the Indiana bat must cease and desist. All incidental take
statements issued to any government agency (excluding actions for the national
defense) should be suspended until such time as formal consultation is reinitiated
and completed in light of the WNS.

Section 2(c) of the ESA establishes that it is “…the policy of Congress that all Federal
departments and agencies shall seek to conserve endangered species and threatened species and
shall utilize their authorities in furtherance of the purposes of this Act.” 16 U.S.C. § 1531(c)(1).
The ESA defines “conservation” to mean “…the use of all methods and procedures which are
necessary to bring any endangered species or threatened species to the point at which the
measures provided pursuant to this Act are no longer necessary.” 16 U.S.C. § 1532(3).
Similarly, Section 7(a)(1) of the ESA directs that the Secretary of Commerce review “…other
programs administered by him and utilize such programs in furtherance of the purposes of the
Act.” 16 U.S.C. § 1536(a)(1). Additionally, Section 4(f) specifically requires that the FWS both
“…develop and implement plans (hereinafter…referred to as ‘recovery plans’) for the
conservation and survival of endangered species and threatened species…” 16 U.S.C. § 1533(f) (emphasis added). Drafting a recovery plan is not sufficient to comply with this statutory
mandate. Consistent with the intent that recovery plans actually be implemented, Congress
required that recovery plans “…incorporate…(i) a description of such site-specific management
actions as may be necessary to achieve the plan’s goal for the conservation and survival of the
species.” 16 U.S.C. § 1533(f)(1)(B)(I).

The Indiana bat is one of the most endangered terrestrial mammals in the world. It was first
listed under the Endangered Species Preservation Act of October 15, 1966. 80 Stat. 926; 16
U.S.C. 668aa(c). At least 700 of these endangered and legally protected species have died in New
York in the past 18 months. It is unknown if the WNS is the cause of the death or a symptom of
what causes the death. Regardless of why these bats are dying, the agency must prepare for the
worst. The Missouri and Kentucky populations of bats have been decimated; Vermont and New
York hibernacula counts were two of the reasons why the so-called “northern population” of the
species was considered on the increase. These are dire circumstances. The agency must act with
all due haste.

Respectfully submitted,
Leigh Haynie
on behalf of the following

Heartwood
c/o Mark Donham
Program Director
Brookport, Illinois 62910
618.564.3367

Center for Biological Diversity
c/o Mollie Matteson
Conservation Advocate
Richmond, VT 05477
802.424.2388

cc:

Forest Service, Southern and Eastern Regions
Tennessee Valley Authority
United States Corps of Engineers
Scott Pruitt, Fish and Wildlife Service