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Independent regulatory commissions

Threatened and Endangered Species in the Bear Swamp Project

Strategic Insights

— 2 min read

The Federal Energy Regulatory Commission (FERC) has requested an official list of federally threatened, endangered, candidate, and proposed species that may occur within the boundary of or be affected by the relicensing of the Bear Swamp Project No. 2669-089 (project). The list was generated by the U.S. Fish and Wildlife Service's (FWS) Information for Planning and Consultation (IPaC) website and accessed on October 28, 2025. According to the list, one federally-listed species was identified: the endangered northern long-eared bat (Myotis septentrionalis). In addition, two proposed species were identified: the proposed threatened monarch butterfly (Danaus plexippus) and the proposed endangered tricolored bat (Perimyotis subflavus). The project area does not overlap with any designated or proposed critical habitat.

Key Takeaways:

  • The Bear Swamp Project, located on the Deerfield River in Berkshire and Franklin Counties, Massachusetts, is a pumped storage development with a combined authorized capacity of 676 megawatts (MW).
  • The draft Environmental Assessment for the project was issued on October 31, 2019.
  • On November 30, 2022, the FWS published a final rule to reclassify the northern long-eared bat (NLEB) as endangered.
  • The northern long-eared bat Rangewide Determination Key is available in IPaC, and project proponents are recommended to utilize this key and the Interim Consultation Framework when evaluating the project's potential impacts on NLEB.
  • The service recommends that project proponents incorporate measures into projects to benefit candidate species and their habitats wherever possible.
  • The Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) require protection of native birds from project-related impacts.

Statistics:

  • 3 threatened, endangered, or candidate species are listed on the species list.
  • 1 federally-listed species: the endangered northern long-eared bat (Myotis septentrionalis).
  • 2 proposed species: the proposed threatened monarch butterfly (Danaus plexippus) and the proposed endangered tricolored bat (Perimyotis subflavus).
  • The project area does not overlap with any designated or proposed critical habitat under the U.S. Fish and Wildlife Service's jurisdiction.

Sources:

  • Federal Energy Regulatory Commission Memorandum (FERC Project No. 2669-089) to U.S. Fish and Wildlife Service
  • List of Threatened, Endangered, Candidate, and Proposed Species generated by ECOS-IPaC Website (FWS Project Code: 2023-0052659)
  • U.S. Fish and Wildlife Service's Information for Planning and Consultation (IPaC) website
  • Endangered Species Act (ESA) regulations (50 CFR 402 et seq.)
  • Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) regulations (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a))

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