Newsroom
Conserving the Nature of America
 
Line drawing of West Virginia northern flying squirrel. Credit: Robert Savannah/USFWS
Line drawing of West Virginia northern flying squirrel. Credit: Robert Savannah/USFWS

West Virginia Northern Flying Squirrel

West Virginia northern flying squirrels are again considered recovered throughout Virginia, West Virginia

On March 4, 2013, the U.S. Fish and Wildlife Service published a final rule to reinstate removal of the Virginia northern flying squirrel, more commonly known as the West Virginia northern flying squirrel, from the endangered species list under the Endangered Species Act.

Biologists continue to monitor the squirrel, finding that they have dispersed throughout their historical range. While these squirrels are unlikely to ever be plentiful, they have reached stable numbers, they have increasing space for habitat, and previous threats have been addressed. The future continues to be favorable for West Virginia northern flying squirrels. Read a recent story on the squirrel.

Delisting Lawsuit

  • On August 26, 2008, the U.S. Fish and Wildlife Service (Service) published a final rule (pdf) to remove Endangered Species Act (ESA) protections for the Virginia northern flying squirrel, more commonly known as the West Virginia northern flying squirrel (WVNFS).
  • A lawsuit challenging the final rule was filed, and on March 25, 2011, the U.S. District Court for the District of Columbia vacated and set aside the 2008 delisting rule (Friends of Blackwater et. al. v. Salazar et al., 1:09–cv–02122-EGS). View the ruling (pdf). The decision reinstates Federal protections that were in place prior to the 2008 delisting. Therefore, WVNFS is listed as endangered throughout its range. Take of WVNFS may be authorized only by a permit obtained under section 10 of the ESA, or if exempted by an incidental take statement within a biological opinion issued by the Service pursuant to section 7 of the ESA.
  • In June 2011, the Service issued a final rule to comply with a court order that reinstated the regulatory protections under the Endangered Species Act for the Virginia northern flying squirrel, more commonly known as the West Virginia northern flying squirrel. The court order had legal effect upon its filing in March 2011, but this final rule was necessary to update the Code of Federal Regulations. West Virginia northern flying squirrels remained listed and protected as endangered throughout Virginia and West Virginia.
  • On Friday, August 17, 2012, the Service received a copy of the U.S. Court of Appeals' opinion on the West Virginia northern flying squirrel delisting case. The opinion appeared to reverse the 2011 district court's decision that the Service erred in delisting the WVNFS. Until the Appellate Court issued its mandate and the Service published a final delisting notice, the West Virginia northern flying squirrel remained listed as endangered.
  • On Nov. 13, 2012, a court order reversed a 2011 district court’s decision that the Service erred in delisting the squirrel.
  • On March 4, 2013, the Service published a final rule to reinstate removal of the Virginia northern flying squirrel, more commonly known as the West Virginia northern flying squirrel, from the endangered species list under the Endangered Species Act. This final rule is necessary to update the Code of Federal Regulations to reflect the court order.

Additional background information, including previous Federal actions, can be found here.

About the West Virginia Northern Flying Squirrel

Imagine if small families of mastodons lived in isolated areas on mountaintops. People would think such creatures were very special and that it was remarkable, possibly miraculous, that these animals from ancient times were living in our present age.

A subspecies as old as mastodons lives today in isolated clusters atop the central Appalachian Mountains in the highest elevations of West Virginia and adjacent Highland County, Virginia. A relic of former ages when the earth was very different, the West Virginia northern flying squirrel was isolated from the northern flying squirrel species when ice sheets covering North America receded about 10,000 years ago.

West Virginia northern flying squirrels live in high-elevation, spruce-northern hardwood forests of the Allegheny Highlands consisting of red spruce, fir, beech, yellow birch, sugar or red maple, hemlock and black cherry. The squirrel historically lived in the old-growth spruce forests that dominated the highlands until extensive industrial logging decimated this habitat between the 1880s and the 1940s. Even in the wake of this landscape level of habitat loss, West Virginia northern flying squirrels were resilient enough for a few residual populations to survive in small, scattered patches of less than ideal habitat while forests regenerated over the following decades.

Protected from the Threat of Extinction

In 1985 the West Virginia northern flying squirrel was protected as an endangered subspecies under the Endangered Species Act because it was determined to be in danger of becoming extinct. At that time only 10 squirrels were captured in four separate areas of its range. Today federal and state biologists have captured more than 1,100 squirrels at over 100 sites, and believe that this subspecies no longer faces the threat of extinction.

West Virginia northern flying squirrel. Credit: Larry Master/USFWS
West Virginia northern flying squirrel. Credit: Larry Master/USFWS

Small nocturnal animals, West Virginia northern flying squirrels are covered with soft, dense, silky fur that is brownish above and grayish beneath. Individuals are about a foot long, half of which is the broad, flat tail, and weigh less than five ounces. These squirrels glide in the air on the parachute created when they stretch all four legs and pull the loose folds of skin (patagia) between their fore and hind legs taut. Although biologists do not know for sure, females are thought to have one litter of up to four young each year; the expected life span is thought to be about four years. These squirrels seem to live in small groups and commonly share nests. They communicate with high-pitched chirps.

Unlike other squirrels, West Virginia northern flying squirrels remain active in the winter. Their large, dark eyes enable these squirrels to see in low light. During the night, the squirrels are very active moving among trees and on the ground. Again unlike other squirrels, West Virginia northern flying squirrels usually forage on lichen and fungi growing above and below ground instead of eating nuts.

Agencies Restore Habitat

The single most important factor in the squirrels’ population resurgence has been the regeneration of its forested habitat. While that natural regrowth has been ongoing for decades, there is considerable and growing interest by the U.S. Forest Service Monongahela National Forest and Northeastern Research Station, the state of West Virginia Division of Natural Resources, Department of Forestry and State Park commission, The Nature Conservancy and other conservation groups, and private entities to foster large spruce restoration projects that restore the historic red spruce ecosystem of the Allegheny Highlands.

Increased monitoring of West Virginia northern flying squirrels finds them dispersed throughout their historic range, although irregularly and at low densities. It is unlikely that these squirrels will ever be plentiful, but their current numbers are stable, and that, coupled with the increasing acres of maturing forest and the interest in protecting the red spruce ecosystem, creates a favorable forecast for the future of West Virginia northern flying squirrels.

News Releases

Endangered Species Act Protection

More Information

Links to Non-Fish and Wildlife Service Sites


Back to Issues in Depth

Last updated: March 4, 2013