Incidental Take Public Notice:

Proposed Tier Two Moderate Conservation Sites for Butler's Gartersnake

Conservation of rare snake to focus on highest quality habitat: Broad incidental take authorization proposed for lesser quality habitat

The long-term protection of a rare gartersnake found in southeastern Wisconsin will focus on protecting those areas that contain the highest quality habitat, while allowing the “incidental taking” of snakes in areas with less quality habitat, under a conservation strategy for the snake the state approved this spring.

The Butler’s gartersnake (Thamnophis butleri) was listed as a state threatened species in 1997, primarily due to extensive habitat loss within its very limited range. It is the smallest of the five Wisconsin gartersnake species and is a colonial species that is restricted to several southeastern counties in Wisconsin. They require a moderately open to open canopy habitat, preferably with both upland and wetland habitat. Butler’s naturally hibernate in open-canopy wetlands such as sedge meadows and fringes of cattail marshes, but are also known to occupy sites that provide other means for successful over-wintering.

In March, the Department of Natural Resources finalized a Butler’s Gartersnake Conservation Strategy . The strategy was developed in partnership with a team of specialists with expertise in Butler’s gartersnake biology, landscape ecology and ecological planning.

The goal of the strategy is to secure the long-term protection of the Butler’s gartersnake by giving highest level of protection to those areas that have the most significant conservation value, explains Andy Galvin, who is the incidental take consultation specialist for the DNR Endangered Resources Program.

“The primary component of the strategy is a classification system that places habitat into one of three tiers of sites that support, or have the potential to support, the snake,” Galvin says. The strategy classifies suitable habitat areas for the snake based on size, isolation from other suitable sites, and habitat quality. The three tiers are Tier 1: sites of minimal conservation value; Tier 2: sites of moderate conservation value; and Tier 3: sites of significant conservation value.

Wisconsin's endangered species law allows the Department of Natural Resources to authorize the incidental taking of an endangered or threatened plant or animal in the process of developing or using property in a way that would otherwise be legal if the species wasn't there. An incidental take permit or authorization allows for the removal or destruction of individual members of the species from a specified location, as long as the taking will not jeopardize the species' survival or recovery in Wisconsin.

Between 1997 and June 2005, 42 projects around the state have been authorized for incidental take of a state-listed species. More than 60 percent of the authorizations have been for the Butler’s gartersnake.

The DNR authorized the incidental taking of snakes that are present within Tier 1 sites last October and is now proposing to authorize the incidental take of snakes within Tier 2 sites. Tier 2 sites do not contribute to the long-term conservation of the snake because the habitat they contain is either isolated, too small to support a long-term population, or of poor quality, according to an assessment of the Butler’s Gartersnake Conservation Strategy.

The incidental take authorization is intended to provide broad taking coverage for activities that may impact Butler’s gartersnakes but are not expected to inhibit or compromise the long-term conservation and recovery of the species.

The Butler’s Conservation Team and DNR staff determined that sites with moderate long-term conservation value do not warrant protection if at least 65 sites classified as having significant conservation value (Tier 3 sites) can be permanently protected. The Department has identified 124 potential Tier 3 sites and has confirmed the presence of Butler’s on 47of these sites. Surveys are being conducted this year on many of the unconfirmed sites.

The department determined that incidental take at Tier 2 sites would not have a negative effect on the overall status and recovery of the species because: Tier 2 sites do not contribute to the long-term conservation of the Butler’s gartersnake; a sufficient number of Tier 3 sites appear to be available for conservation; and the implementation of the Butler’s Gartersnake Conservation Strategy should provide adequate conservation for Tier 3 sites. The Conservation Strategy requires a set of conservation measures that will protect snake habitat on all Tier 3 sites and will be implemented through the DNR permit review process and proactive conservation efforts.

Copies of a detailed description of the proposed incidental take authorization, the jeopardy assessment, and the Butler’s Gartersnake Conservation Strategy are all available on the DNR Web site at or upon request from Andy Galvin, Department of Natural Resources, Bureau of Endangered Resources, 101 South Webster, Madison, WI 53707, (608) 264-8968. Public comments will be taken through Aug. 12, 2005 and should be sent to Galvin at the above address.

A public informational hearing on the Tier 2 authorization will be held on Tuesday, August 9 starting at 6 p.m., at the Lee Sherman Dreyfus State Office Building (DNR Waukesha Service Center), Room 151, 141 NW Barstow Street, Waukesha. The hearing will include an informal public information session at 6 p.m. followed by a public comment period.

FOR MORE INFORMATION CONTACT: Andy Galvin - (608) 264-8968

Copies of the jeopardy assessment and conservation measures are available below or upon request from:

Information & Supporting Materials:
Final Authorization and Record of Decision [PDF 103KB]