Copperbelly Water Snake Conservation Agreements
Illinois, Southern Indiana and Kentucky
Table of Contents
Life History
The copperbelly
water snake (Nerodia erythrogaster neglecta) is a subspecies of
the more common plain-belly water snake. It is a non-venomous snake identified
by its brightly colored orange underside. The copperbelly has a dark back
with its orange underside visible from the side. These snakes can reach
lengths of up to 5 feet.
Copperbellies
are almost always found near bottomland forests and shrub swamps. Even
though it is called a water snake, the copperbelly also spends considerable
time away from water in the terrestrial, forested part of its habitat.
Copperbellies emerge from their hibernation sites in early spring and
migrate through wooded or vegetated corridors to wetland areas. They
can sometimes be seen basking, breeding, and foraging near shallow wetland
edges in woodlands. Copperbellies sometimes form small groups in the
spring and fall. Groups of snakes have been observed swimming, feeding,
courting, and resting together. They feed on other aquatic species,
mostly frogs, tadpoles, and small fish. When woodland swamps begin to
dry in late spring or early summer, snakes again disperse and move through
wooded or vegetated corridors to their summer habitat areas, which are
usually forest and forest edges. By late fall, copperbellies seek out
hibernation sites, mostly in upland areas above flood and ponding levels.
Courtship
and mating occur in April, May, and June. Young snakes are born in the
fall in or near the hibernation site and may not become active until
the following spring. The average copperbelly litter size of 18 is smaller
than those of other water snakes.
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top.
Range and Status
Copperbellies
are thought to have been present at one time in one major population
distributed over Indiana, Illinois, and Kentucky, with snakes also present
in south central Michigan and northwestern Ohio. The northern snakes
became isolated from the southern population as agricultural drainage
and land conversion fragmented the copperbelly's habitat. Today, most
copperbellies are found in the southern part of the species' range in
southeastern Illinois, western Kentucky, and southern Indiana.
Remnants
of the original copperbelly distribution can still be found, but coal
mining, drainage and damming of wetlands, channelization, diversion
of streams and rivers, and development of upland habitat have disrupted
and fragmented the snake's distribution. Groups of snakes that once
were connected are now isolated from each other, making them more vulnerable
to threats.
In
Illinois, five small, isolated populations remain in the extreme southeastern
part of the state, although the copperbelly once was found throughout
southern Illinois. Kentucky is considered to have the largest number
of copperbellies. The snake was once abundant throughout western Kentucky
but is now restricted to 18 isolated populations. Habitat has been eliminated
by conversion of wetlands to croplands, surface mining, channelization,
and commercial development. Southern Indiana's copperbelly population
has been splintered into 13 isolated groups, vulnerable to the same
types of threats as the Kentucky snakes.
Northern
populations of the copperbelly are even more isolated and their habitat
more fragmented. Since 1986, the copperbelly has been found at only
eight sites in four Michigan counties, one Ohio County and one Indiana
County. Most of the sites are on private property, and are isolated
from each other by unsuitable habitat. This fragmentation of habitat
and isolation of local populations increases the likelihood of extinction,
with snakes susceptible to threats such as drought and genetic problems
caused by inbreeding. Back to the top.
Background
The
U.S. Fish and Wildlife Service proposed to list the copperbelly water
snake as a threatened species on August 18, 1993, citing habitat loss
and fragmentation as the primary factors threatening the snake. The
Service extended the one-year deadline to determine whether the snake
should be listed, and public comment was solicited. In April 1995, before
a final decision on the copperbelly was made, Congress imposed a moratorium
that prohibited new listings under the Endangered Species Act. The moratorium
was lifted in April 1996.
The public
comment period on the proposed listing of the copperbelly water snake
was reopened in July 1996 to receive any new information available on
the snake, and to receive a report on the biological status of the northern
copperbelly population (southern Michigan and adjacent portions of Indiana
and Ohio). The comment period was extended until November 15, 1996.
In 1994,
the U.S. Fish and Wildlife Service began discussions with State mining
regulatory agencies and the Office of Surface Mining Reclamation and
Enforcement in Indiana, Illinois, and Kentucky and with coal industry
representatives to address the issue of incidental take of the snake
from coal mining if the snake was listed. These discussions prompted
the coal industry, with Service support, to develop a draft conservation
agreement for the copperbelly in southern Indiana. When the listing
moratorium ended in April 1996, discussions accelerated in Kentucky,
leading to a similar conservation agreement. The agreements greatly
reduce the existing threats to the southern copperbelly water snake
population, especially those threats posed by mining operations, precluding
the need to list the southern population of the snake under the Endangered
Species Act.
Although
they are separate documents, the two conservation agreements developed
for the copperbelly water snake share the same objectives: eliminate
or reduce threats to the copperbelly and provide for long-term conservation
of the species, with a minimum of disruption to economic activities,
primarily coal mining. The conservation agreements direct public agencies,
including state resource agencies and mining regulatory agencies, to
treat the copperbelly as a listed species when considering actions which
could affect the snake and its habitat, such as granting permits or
acquiring land. Mining companies that are signatories to the agreements
will follow specific guidelines for mining and reclamation in copperbelly
habitat.
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top.
The
Conservation Agreements
Goals: To expedite conservation measures needed for the continued existence
and recovery of the copperbelly water snake and provide sustainable
human activity.
Signatories
to the agreements include:
Kentucky/Indiana/Illinois
Agreement
Illinois
Department of Natural Resources
Indiana Department of Natural Resources
Kentucky Department of Fish and Wildlife Resources
Kentucky Coal Association
Kentucky Coal Country Association
Kentucky Farm Bureau
Kentucky Natural Resources and Environmental Cabinet
Western Kentucky Coal Association
U.S. Department of Interior - U.S. Fish and Wildlife service; Office
of Surface MIning reclamation and Enforcement
Indiana
Coal Mining Agreement
Indiana
Coal Council
Indiana Department of Natural Resources
U.S. Department of Interior - U.S. Fish and Wildlife Service
Terms
of the Agreements
Public
agencies agree to:
-
Treat
the copperbelly water snake as a protected species in considering
applications for activities that may affect the snake, such as mining
and reclamation.
-
Put
a high priority on copperbelly habitat when acquiring land or establishing
leases and easements.
-
Avoid
converting or degrading bottomlands or wetlands identified as known
or potential copperbelly habitat, unless mitigation is carried out.
-
Restore
and enhance known or potential copperbelly habitat on lands they
own or manage.
-
Strictly
control scientific collection of copperbelly water snakes.
-
Provide
law enforcement officers with training in protection of the copperbelly
water snake and make enforcement of applicable regulations a high
priority.
-
In
Kentucky and Illinois, develop laws or regulations to protect the
copperbelly water snake. The State of Indiana already protects the
copperbelly as a state endangered species.
-
In
Indiana, limit conservation requirements for coal companies to terms
already determined in the conservation agreement, in the event the
snake is listed in the future,.
Coal/agriculture
interests in Kentucky and Illinois agree to:
-
Within
12 identified key habitat areas in Kentucky, minimize mining operations
so that not more than 4 percent of the total acreage of these areas
is mined, and not more than 10 percent of most individual habitat
areas is affected by mining. These identified key habitat areas
total about 112,400 acres.
-
In
copperbelly habitat outside identified key areas in Kentucky, and
in copperbelly habitat in Illinois, modify mining to minimize impact
on larger tracts of habitat, maintain travel corridors for the snake,
and use reclamation techniques on mined areas that enhance copperbelly
habitat. Efforts will be made to provide habitat diversity, including
creation or restoration of seasonal and permanent wetlands and buffer
areas.
-
Encourage
Kentucky Farm Bureau members to follow existing regulations for
agricultural operations. Agricultural practices conducted under
existing State and Federal statutes do not pose a threat to the
copperbelly.
In Indiana,
the Indiana Coal Council agrees to:
-
Avoid
all mining in six key "core" copperbelly habitat areas
totaling about 10,400 acres.
-
In
habitat outside core areas, modify mining to minimize impact on
larger tracts of habitat, maintain travel corridors for the snake,
and use reclamation techniques on mined areas that enhance copperbelly
habitat. Efforts will be made to provide habitat diversity, including
creation or restoration of seasonal and permanent wetlands and buffer
areas.
Other
species to benefit from the agreements:
Although
the agreements specifically address the needs of the copperbelly water
snake, their implementation will also benefit other species. The Federally
endangered Indiana bat and gray bat forage over rivers and streams in
bottomland hardwoods, and Indiana bats use these areas as maternity
sites. There are 13 species of Federally endangered mussels known to
occur in rivers and streams addressed in the agreements, and a number
of state-listed species in Illinois and Indiana occur in the copperbelly's
range. Improved water quality and additional protection of wetlands
and riparian areas will result from implementation of the agreements.
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Counties
in which the agreements will be in effect:
Kentucky:
Butler, Caldwell, Christian, Crittenden, Davies, Hancock, Henderson,
Hopkins, Logan, McLean, Muhlenberg, Ohio, Union, Webster.
Illinois: Edwards, Gallatin, Hamilton, Hardin, Johnson, Lawrence, Massac, Pope,
Pulaski, Richland, Saline, Wabash, Wayne, White
Indiana: Counties south of a line from Knox County to Dearborn County.
For more
information, contact the U.S. Fish and Wildlife Service at 812-334-4261
x 203.
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Questions
and Answers
How
can the U.S. Fish and Wildlife Service be certain the copperbelly water
snake will receive the protection needed to avoid declining toward extinction?
The
conservation agreements were developed specifically to address the factors
threatening the existence of the copperbelly water snake, primarily
the effects on the snake's habitat of coal mining operations in southern
Indiana, western Kentucky, and southern Illinois. The Fish and Wildlife
Service evaluated the effectiveness and the scope of the conservation
strategies outlined in the agreements and determined that if implemented
as agreed upon, the strategies would eliminate or reduce significantly
the threats to the copperbelly. The Service believes that mining practices
can be compatible with the copperbelly if the extent, timing, and reclamation
design are modified to incorporate snake conservation measures. In addition,
both agreements include monitoring and compliance measures to ensure
they are carried out effectively.
Why
are there two agreements for the copperbelly?
The efforts by coal mining interests to develop conservation
strategies for the copperbelly began first in Indiana, and were followed
by similar efforts by agencies and organizations in Kentucky and Illinois.
Although the two agreements are very similar, they differ slightly in
the terms agreed to by the coal interests, with each agreement representing
the best options for the signatories to meet the copperbelly's needs.
The conservation benefit to the copperbelly, the certainty for coal
mining industry, and the commitments by public agencies are similar
in both agreements.
Wouldn't
it be better for the snake to be listed under the Endangered Species
Act?
The ultimate responsibility for the U.S. Fish and Wildlife
Service in administering the Endangered Species Act is to ensure long-term
survival and security for species in trouble. The Service considers
listing a species a last resort, when other protections or conservation
measures have failed. The conservation agreements provide the security,
protection, and long-term conservation measures needed by the snake,
so that listing under the Act in the southern part of the snake's range
is not necessary.
What
will private sector signatories have to do under the agreement that
is different than current practices?
Agriculture operations may continue just as they did before
the agreement. Normal farming practices that follow existing State and
Federal regulations do not pose a threat to the copperbelly. Coal mining
operations will be modified to avoid the most important areas of copperbelly
habitat, but in general, mining operations will also continue as before.
Reclamation activities in mined copperbelly habitat will now be carried
out specifically to enhance or restore copperbelly habitat.
How
does the coal industry benefit from these agreements?
Coal
mining operations may now carry on without the uncertainty that might
occur if the copperbelly were listed under the Endangered Species Act.
With the conservation agreements in place, coal interests can carry
on activities, abiding by the agreements' guidelines, and not worry
that their actions may be illegally harming the snake or violating provisions
of the Act.
Why
is it so important for the agreements to protect and restore copperbelly
habitat?
The primary threat to the copperbelly is loss of its wetland
habitat. It is estimated that Indiana has lost 87 percent of its wetlands,
Illinois 85 percent, Michigan 50 percent, Ohio 90 percent, and Kentucky
81 percent. Safeguarding, enhancing, and restoring habitat are the keys
to keeping copperbelly populations self-sustaining and out of danger
of extinction.
Why
don't the agreements address threats to the northern population?
The
threats to the copperbelly addressed in the two agreements are primarily
those posed by mining activities. Coal mining is a factor only in the
southern part of the copperbelly's range. Copperbellies in the northern
population are threatened by loss of habitat due to factors other than
coal mining.
Have
similar conservation agreements been developed for other species?
Conservation agreements among private and public partners have
been developed to enhance recovery efforts for listed species, such
as the endangered red-cockaded woodpecker in the southeast, and to conserve
species that are candidates for listing, such as the Virgin spine dace,
a fish found in the Virgin River Basin in Utah, Arizona, and Nevada.
Back to the top.
For more
information, contact the U.S. Fish and Wildlife Service at 812-334-4261
x 203.
This Conservation Agreement was finalized February 13, 1997
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