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 (HCP). The Service has prepared a draft Environmental Assessment (EA) for this purpose.

In an effort to streamline the public review of the HCP and EA, the landowner group and the Ohio Field Office have jointly developed the plan and assessment so that they are combined into one document. A Notice of Availability of the combined draft HCP/EA will be published in the Federal Register to request public review and comment on the HCP and EA. The public will have 60 days to comment on the assessment and plan.

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 the Lake Erie Watersnakes 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 Watersnake for 15 years to gauge the effectiveness of these measures.

Kelleys Island harbors the largest population of Lake Erie Watersnakes in the United States. Lake Erie Watersnake habitat includes rocky shorelines and adjacent vegetation. Long Point's rocky shoreline provides important shelter, breeding, foraging and hibernation habitat for Lake Erie Watersnakes. 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 Watersnakes 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 Watersnake.

The Lake Erie Watersnake 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 one 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 Watersnake populations have declined due to development of shoreline habitat and because they were often killed by people.

Lake Erie Watersnakes 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.