An Endangered Species Act, Section 10(a)(1)(B) incidential take permit (ITP) has been issued to a landowner group seeking to construct one seasonal residence on an Ohio island peninsula occupied by the federally-listed threatened Lake Erie watersnake. The construction of the residence on Kelleys Island would alter habitat used by the rare snake. As part of the ITP application process, the group prepared a Habitat Conservation Plan (HCP) proposing measures to provide on-site conservation and protection for the snake and its habitat on the property.

The ITP allows the group to build a single seasonal residence on a portion of the property thus affecting some habitat used by the snakes, as well as take of a small number of snakes, as long as measures outlined in the HCP to avoid, minimize, and mitigate impacts are implemented. Before issuing an incidental take permit, the Service evaluated alternatives considered in the HCP by preparing an Environmental Assessment (EA) in accordance with the National Environmental Policy Act.

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 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 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.