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47126 Federal Register / Vol. 64, No. 167 / Monday, August 30, 1999 / Rules and Regulations DEPARTMENT OF THE INTERIOR sipedon insularum) located on the of the western Lake Erie islands, water western Lake Erie offshore islands and snakes with unbanded or reduced Fish and Wildlife Service adjacent waters. This listing does not patterns appear to have a survival include water snakes (N. sipedon) found advantage compared to fully patterned 50 CFR Part 17 on the Canadian mainland, U.S. water snakes (Camin et al. 1954; Camin RIN 1018±AC09 mainland, or adjacent near-shore islands and Ehrlich 1958; Ehrlich and Camin due to those areas having high 1960; King 1992a). Female Lake Erie Endangered and Threatened Wildlife occurrence of northern water snakes (N. water snakes grow up to 1.1 meters (m) and Plants; Threatened Status for Lake s. sipedon), intergrades between the two (3.5 feet (ft)) long and are larger than Erie Water Snakes (Nerodia sipedon subspecies, and the low occurrence of males. Newborn Lake Erie water snakes insularum) on the Offshore Islands of Lake Erie water snakes (N. s. are the size of a pencil when born Western Lake Erie insularum). This means water snakes during late summer, or early fall. located on Ohio's Catawba/Marblehead Lake Erie water snakes use habitat AGENCY: Fish and Wildlife Service, Peninsula, Mouse Island and Johnson composed of shorelines that are rocky or Interior. Island (also referred to as Johnson's contain limestone/dolomite shelves and ACTION: Final rule. Island), and Canada's Point Pelee are ledges for sunning and shelter (Conant not protected under the Act by this and Clay 1937; Conant 1951; Thomas SUMMARY: Under the authority of the listing. We define near-shore islands as Endangered Species Act of 1973, as 1949; Camin and Ehrlich 1958; King those islands or rock outcrops located 1986, 1987b). Shelter (refugia) occurs in amended (Act), we (the U.S. Fish and immediately adjacent to, or within 1.6 Wildlife Service) determine threatened the form of loose rocks, piled rocks, or kilometers (km) (1 mile (mi)) of either shelves and ledges with cracks, crevices, status for the Lake Erie water snake mainland. (Nerodia sipedon insularum) found and nearby sparse shrubbery (Thomas We define offshore islands as those 22 1949; King 1986, 1992a). Lake Erie among the western Lake Erie offshore or more named and unnamed western islands and adjacent waters in the U.S. water snakes are found less often on Lake Erie islands and rock outcrops shorelines composed of small stones, and Canada. This listing does not located greater than 1.6 (km)(1 mi) from extend the Act's protection to water gravel or sand (Conant and Clay 1937; the Ohio mainland and Ontario Conant 1938; King 1986). Certain types snakes (Nerodia sipedon) found on the mainland. We define the offshore U.S. mainland, Canadian mainland, or of rip-rap, armor stone, or docks made island's adjacent waters as the western with rock cribs can serve as shelter for the adjacent near-shore U.S. islands Lake Erie waters surrounding the Lake Erie water snakes (Conant and Clay (e.g., Mouse Island and Johnson Island offshore islands and located greater than 1937; Conant 1938, 1982; King 1990; in Ohio). Small population size, 1.6 (km)(1 mi) from the Ohio mainland Service 1994), provided adequate space persecution by humans, and habitat and Ontario mainland. These islands exists in these structures that is above destruction are the primary threats. This and rock outcrops and their adjacent Lake Erie's water and ice levels. action implements the Act's protections waters are located within boundaries for the Lake Erie water snake. In roughly defined as 82°22′30′′ North The Lake Erie water snake (N. s. addition, it identifies specific handling Longitude, 83°07′30′′ North Longitude, insularum) and the northern water conditions that do not violate the Act's 41°33′00′′ West Latitude, and 42°00′00′′ snake (N. s. sipedon) are separate prohibitions. West Latitude. The U.S. Lake Erie subspecies. Northern water snakes (N. s. sipedon) are common and widely EFFECTIVE DATE: The effective date of offshore islands and rock outcrops distributed in eastern North America, this rule is August 30, 1999 (see include, but are not limited to, the including the Ohio and Ontario ``Effective Date'' section under islands called Kelleys, South Bass, mainland, whereas Lake Erie water SUPPLEMENTARY INFORMATION below). Middle Bass, North Bass, Sugar, Rattlesnake, Green, Gibraltar, Starve, snakes (N. s. insularum) have declined ADDRESSES: The complete file for this and occur primarily on the offshore rule is available for inspection, by Gull, Ballast, Lost Ballast, and West Sister. Canadian Lake Erie offshore islands of western Lake Erie (Schmidt appointment, during normal business and Davis 1941; Conant 1982; Kraus and hours, at offices of the U. S. Fish and islands and rock outcrops of Lake Erie include, but are not limited to, the Schuett 1982; King 1986, 1987b, 1989a, Wildlife Service in Fort Snelling, 1989b, 1991, 1993b, 1996; King and Minnesota, and in Reynoldsburg, Ohio. islands called Pelee, Middle, East Sister, Middle Sister, North Harbour, Hen, Lawson 1995; King 1997; King et al. The Minnesota office is located at the Chick, Big Chicken, and Little Chicken. 1997). Lake Erie water snakes have Federal Building, 1 Federal Drive, Fort Lake Erie water snakes (N. s. reduced or no color patterns, while Snelling, Minnesota 55111±4056. The insularum) were briefly described by northern water snakes have sharply Ohio office is located at 6950±H Morse (1904) as Natrix fasciata defined band patterns (Conant and Clay Americana Parkway, Reynoldsburg, erythrogaster. Conant and Clay (1937, 1937, 1963; Camin and Ehrlich 1958; Ohio 43068. 1963) described the Lake Erie water Conant 1982; Kraus and Schuett 1982; FOR FURTHER INFORMATION CONTACT: snake subspecies more fully. Lake Erie King 1987b, 1991). Lake Erie water Buddy B. Fazio, endangered species water snakes are uniformly gray or snakes occur on rocky limestone and biologist, Ohio (614±469±6923 ext. 13) brown and have either no color pattern dolomite shorelines; northern water or Jennifer Szymanski, biologist, or have blotches or banding that are snakes use more heavily vegetated Division of Endangered Species, faded or reduced (Conant and Clay locations with soil, mud or clay (Conant Minnesota (612±713±5342) at the above 1937, 1963; Camin and Ehrlich 1958; 1951; King 1986, 1987b; King and addresses. Conant 1982; Kraus and Schuett 1982; Lawson 1995). Lake Erie water snakes SUPPLEMENTARY INFORMATION: King 1987b, 1991). Color pattern also have a different diet, a larger adult variations among Lake Erie water snakes body size, lower growth rates, and Background are thought to result from the combined shorter tails compared to northern water This listing provides threatened status effects of both natural selection and snakes (Conant 1951; Hamilton 1951; and Endangered Species Act protection gene flow (King 1993b, 1993c; King and Langlois 1964; Drummond 1983; King to the Lake Erie water snake (Nerodia Lawson 1995). On the rocky shorelines 1986, 1989a, 1993a). VerDate 18-JUN-99 18:56 Aug 27, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.XXX pfrm08 PsN: 30AUR1 Federal Register / Vol. 64, No. 167 / Monday, August 30, 1999 / Rules and Regulations 47127 The geographic interface where both thus, by inference, movement between than one snake per hour (during the subspecies of water snake (Nerodia near-shore islands/mainland and off- early 1980s), a ten-fold decline over 30 sipedon) occur is the Ohio mainland shore islands is likely very limited. King to 50 years. (the Catawba/Marblehead Peninsula) and Lawson (1995) estimated that, for Recent data also show declines in and its near-shore islands (Mouse Island each generation, an average 9.2 water population density (i.e., number of Lake and Johnson Island). Water snake snakes migrate between Pelee Island Erie water snakes per km of shoreline) populations in these areas have and the Ontario mainland, and 3.6 water on three of the four U.S. islands most northern water snakes (N. s. sipedon), snakes migrate between the islands and important to the water snake's long-term Lake Erie water snakes (N. s. the Ohio mainland. Enserink (1997) survival (King 1998a, 1998b). When insularum), and intergrades between the notes that populations with 10 or more compared to the 1986 population two subspecies (Conant and Clay 1937, migrants per generation tend to not estimate (King 1986), the 1998 estimate 1963; Conant 1938; Camin and Ehrlich experience natural forces, such as indicates the overall Lake Erie water 1958; Kraus and Schuett 1982; King natural selection, that promote snake population continues to remain at 1986, 1987a, 1987b; Pfingston 1991; speciation (i.e., a subspecies eventually a small size. Small population size Reichenbach 1992a, 1992b, 1997, 1998). evolving into a full species over geologic makes the Lake Erie water snake Intergrades naturally occur on the time). Thus, the Lake Erie water snake population vulnerable to extinction or Peninsula and near-shore islands remains a unique insular population extirpation. (See discussions under the because there is no barrier to prevent that is affected by the opposing forces of ``Issue 2'' and ``Factor E'' sections later the two subspecies from interbreeding. natural selection and gene flow (King in this document.) Lake Erie water snakes (N. s. insularum) and Lawson 1995). The current distribution of Lake Erie occur in this interface zone in low The historic abundance of water water snakes is small compared to their frequencies (Conant and Clay 1937; snakes on the Lake Erie islands was first historic distribution. The historic range Camin and Ehrlich 1958; Kraus and noted in descriptions by early travelers of the Lake Erie water snake (N.
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