The U.S. Fish and Wildlife Service invites public comment on a draft plan
that would provide conservation and protection for the federally threatened
Lake Erie water snake and its habitat on Kelleys Island in Erie County,
Ohio. Proposed residential development on Kelleys Island would alter
habitat used by the rare snake.
A notice of availability of a draft Environmental Assessment and Habitat
Conservation Plan and an application for an incidental take permit under
the Endangered Species Act, appears in the August 12, 2005 Federal
Register. The public will have 60 days to comment on the assessment and
plan. The permit application was made by Predevelopment LTD which proposes
a single residential development on Long Point on Kelleys Island. The
proposed development would alter or destroy habitat needed by the Lake Erie
water snake.
If approved, the incidental take permit would allow the proposed
residential development to affect some habitat used by the snakes, as well
as take of some snakes, as long as measures outlined in the Habitat
Conservation Plan to avoid, minimize, and mitigate impacts are followed.
Before issuing an incidental take permit, the Service must evaluate
alternatives considered in the Habitat Conservation Plan. This analysis is
included in the Environmental Assessment that is now available for public
review and comment, along with the plan.
The Endangered Species Act prohibits take harming, harassing, or killing a
listed species, including destruction of habitat. However, the Act allows
incidental take – take which is incidental to but not the intent of a
particular activity as long as an approved Habitat Conservation Plan is in
place that would mitigate the effects of take and provide for future
conservation of the species.
Predevelopment LTD is proposing to develop a 6.45-acre property on Kelleys
Island, an area occupied by Lake Erie water snakes. The area contains one
multi-owner residential lot, and under the draft Habitat Conservation Plan,
measures would be taken by landowners to conserve the snake and its habitat
on the property. Proposed actions to conserve the snake and lessen the
impacts of construction and development include:
● Restrictions on when ground-disturbing
activities, such as construction and mowing, can occur. Snakes are
vulnerable in spring and fall while moving to and from hibernating areas;
● Establishment of a conservation area to
protect important lakeside habitat, used by Lake Erie water snakes during
summer and winter months;
● Restrictions on the use of pesticides and
fertilizers in the conservation area, although spot-treatment for poison
ivy would be permitted;
● Restrictions on the size and placement of
the residence, garage, deck, driveway and septic system;
● Monitoring of the Lake Erie water snake for
15 years to gauge the effectiveness of these measures.
Written comments on the draft plan and assessment may be directed to
Regional HCP Coordinator, U.S. Fish and Wildlife Service, 1 Federal Drive,
Fort Snelling, MN, 55111-4056; fax 612-713-5292; e-mail to
Peter_Fasbender@fws.gov Copies
of the draft Habitat Conservation Plan and Environmental Assessment are
available by writing, telephoning, faxing, or e-mailing the addresses
above, and they are also available for viewing at the Service’s webpage at
http://www.fws.gov/midwest/nepa/ A copy is also available at the public
library at 528 Division Street on Kelleys Island. Written comments are due
on or before October 11, 2005.
Kelleys Island harbors the largest population of Lake Erie water snakes in
the United States. Lake Erie water snake habitat includes rocky shorelines
and adjacent vegetation. Long Point’s rocky shoreline provides important
shelter, breeding, foraging and hibernation habitat for Lake Erie water
snakes. The species forages for small fish and amphibians near these
locations and uses spaces among the rocks in man-made structures and along
the shoreline for rest, reproduction and protection from predators. On Long
Point, Lake Erie water snakes hibernate in sites above the water level on
the shoreline and inland. The property proposed for development contains
both summer shelter habitat and winter hibernation habitat for the Lake
Erie water snake.
The Lake Erie water snake inhabits islands in Ohio and Ontario waters of
Lake Erie. Populations of this species inhabiting offshore islands (island
and rock outcrops that are more than 1 mile from the mainland) were listed
as threatened in 1999. A species is designated as threatened if it is
likely to become in danger of extinction within the foreseeable future
throughout all or a significant portion of its range. Lake Erie water snake
populations have declined due to development of shoreline habitat and
because they were often killed by people.
Lake Erie water snakes are slate gray, or partly banded, and measure 1 to
3.5 feet in length. The snakes live along shorelines of the Lake Erie
islands where they feed on small fish and amphibians. When approached by
people, they usually flee into the water or seek cover.
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