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Determination of Threatened Status For Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4183 Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules ******* Dudleya abramsii ssp. Conejo dudleya .......... U.S.A. (CA) ................ Stonecrop T 606 NA NA parva. (Crassulaceae). Dudleya cymosa ssp. Marcescent dudleya ... U.S.A. (CA) ................ Stonecrop T 606 NA NA marcescens. (Crassulaceae). Dudleya cymosa ssp. Santa Monica Moun- U.S.A. (CA) ................ Stonecrop T 606 NA NA ovatifolia. tains dudleya. (Crassulaceae). ******* Dudleya verityi ............. Verity's dudleya ......... U.S.A. (CA) ................ Stonecrop T 606 NA NA (Crassulaceae). ******* Pentachaeta lyonii ....... Lyon's pentachaeta ... U.S.A. (CA) ................ Aster (Asteraceae) ..... E 606 NA NA ******* Dated: December 26, 1996. southern portion of its range due to snake. Correction of these mislabelled Jay L. Gerst, modifications in surface coal mining specimens is difficult due to the rapid Acting Director, Fish and Wildlife Service. and reclamation practices. fading of colors from preserved [FR Doc. 97±2059 Filed 1±28±97; 8:45 am] EFFECTIVE DATE: February 28, 1997. specimens. Thus, the original range and BILLING CODE 4310±55±P ADDRESSES: The complete file for this distribution of the copperbelly water rule is available for inspection, by snake is not precisely known due to this appointment, during normal business taxonomic history and the loss of 50 CFR Part 17 hours at the Service's Bloomington suitable habitat before recognition of the copperbelly water snake as a distinct RIN 1018±AB75 Field Office, 620 South Walker Street, Bloomington, Indiana 47403; telephone subspecies (Conant 1949, 1951, 1955; Endangered and Threatened Wildlife 812/334±4261. Minton 1972). The key field identification feature of and Plants; Determination of FOR FURTHER INFORMATION CONTACT: Threatened Status for the Northern the copperbelly water snake is its David Hudak, Field Supervisor (see coloration. The snake has a solid dark, Population of the Copperbelly Water ADDRESSES section), 812/334±4261, Snake usually black, back with a bright orange- extension 200. red underside that is visible from a side AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: view. The head and eyes of the Interior. copperbelly water snake are Background ACTION: Final rule. proportionally larger than similar The plain-belly water snake (Nerodia species (Clay 1938; Conant 1938, 1951; SUMMARY: The U.S. Fish and Wildlife erythrogaster) was formally described as Minton 1972). The copperbelly water Service (Service) determines threatened a species in 1938 as Natrix erythrogaster snake is most often confused with the species status pursuant to the (Clay 1938). The copperbelly water yellowbelly water snake (Nerodia Endangered Species Act of 1973, as snake, Nerodia erythrogaster neglecta, erythrogaster flavigaster), an adjacent amended (Act), for the copperbelly was recognized as a distinct subspecies subspecies to the south and west in water snake (Nerodia erythrogaster in 1949 (Conant 1949). It is one of six Illinois and Kentucky. The most obvious neglecta) in the northern portion of its recognized subspecies of the plain-belly single distinguishing characteristic is range. The Service also determines that water snake (McCranie 1990). The Act the belly color. The copperbelly water the copperbelly water snake does not defines ``species'' to include ``any snake has a bright orange-red underside, warrant listing as a threatened species subspecies of fish or wildlife or plants, whereas the yellowbelly water snake in the southern portion of its range and and any distinct population segment of has a pale yellow belly. In addition, it is not finalizing that portion of the any species of vertebrate fish or wildlife has blotches of dark pigment extending proposal. This snake was referred to as .. .'' (section 3(15)). Thus, although onto the ventral scales that meet or the northern copperbelly water snake in taxonomically recognized as a nearly meet at the belly, whereas the several previous Federal Register subspecies, N. e. neglecta will be yellowbelly water snake has dark publications. Historical records and referred to as a ``species'' through the pigment encroaching onto only the edge recent studies indicate that this animal remainder of this rule. This legal, as of the ventral scales (Brandon and has declined substantially, especially in opposed to biological, use of the term Blanford 1995; Minton 1972; Conant the northern portion of its range, and ``species'' should not be understood to 1938, 1949). now persists largely in isolated pockets mean that this rule covers the entire After its recognition as a subspecies, of suitable habitat. Rangewide, the species Nerodia erythrogaster. The two the known historical range of the snake has been impacted by a variety of decisions announced in this rule apply copperbelly water snake was described human-induced causes, including only to the subspecies N. e. neglecta. by Schmidt (1953) as ``south central urban/suburban encroachment, coal Because N. e. neglecta was not Michigan and northwestern Ohio, mining, and wetland drainage. These recognized until 1949, museum southwestward through Indiana to impacts continue to threaten the snake specimens of the copperbelly water extreme southeastern Illinois and in the northern portion of its range but snake archived before that time were adjacent Kentucky.'' A notable feature of are being substantially reduced in the identified only as the plain-belly water the documented historical range is the 4184 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations large gap in location records between the impacts from habitat fragmentation 1991). Courtship and mating occurs in the southern and the northern and degradation on this smaller April, May, and June. Copperbelly water population segments. The most widely population are very pronounced. snakes have a longer gestation period accepted theory suggests that the Consequently, the northern population than other water snakes sharing their northern segment is a relict of the more segment has been relegated to a few range, and their average litter size (18) extensive southern population (Conant small, scattered and isolated local is also smaller (Schmidt and Davis 1938, 1951; Adler 1963). Today, the clusters in southern Michigan, 1941). Young snakes are born in the fall distribution of the copperbelly water northeastern Indiana, and northwestern near, or in, the hibernaculum and may snake is clearly divided into a southern Ohio. Under current conditions and not become active until the following segment in southeastern Illinois, trends, extirpation of the northern spring. western Kentucky, and southern population is expected to occur within Indiana; and an isolated northern the next few decades (Kingsbury pers. Distinct Population Segments segment in northern Indiana, southern comm. 1994 and 1996). The range of the copperbelly water Michigan, and northwestern Ohio. Copperbelly water snakes migrate snake contains a geographical barrier Currently, within the southern seasonally throughout their habitat, between the local clusters in Michigan, population segment there are five local which consists of bottomland forests Ohio, and northeastern Indiana, and the clusters known in Illinois, 18 in and shrub swamps. Although the rest of the local clusters in southern Kentucky, and 13 in southern Indiana. species is a ``water'' snake, much of its Indiana, Kentucky, and Illinois. This The northern population segment time is spent away from water in the gap is apparent from historical and consists of eight local clusters that are terrestrial, forested part of its habitat recent known locations for the snake known to have had the species present (Kingsbury pers. comm. 1994). (Adler 1963, Conant and Collins 1991, in the last ten years; copperbelly water Copperbelly water snakes emerge from Sellers 1991). This hiatus between the snakes were found at five of these their hibernation sites in early spring northern and southern populations northern sites during 1996 surveys. and migrate through wooded or currently is approximately 180 miles Local clusters consist of snakes within vegetated corridors to wetland areas. wide. Within the gap those areas of connected, or nearly connected, habitat They can often be seen basking, habitat that are potentially suitable for units and which are able to interbreed breeding, and foraging near shallow copperbelly water snakes are small and because of this proximity. Thus, local wetland edges in woodlands. When the isolated, making copperbelly water clusters may include several ``sites'' or woodland swamps begin to dry in late snake movement though this gap ``occurrences'' as these terms are spring or in early June, the snakes again extremely unlikely. commonly used in databases disperse and move through wooded or maintained by states or private vegetated corridors to their summer These populations qualify as distinct conservation organizations. habitat areas. Summer activities usually under the Service's Policy Regarding the It is believed, based on drainage center around forest and forest edges Recognition of Distinct Vertebrate patterns and post-1949 records of (Conant 1951, Kingsbury pers. comm. Population Segments Under the Act, copperbelly water snakes, that its former 1994). For this reason, upland habitat is published in the Federal Register on range was
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