The U.S. Fish and Wildlife Service proposes listing the short-tailed snake (Lampropeltis extenuata) as threatened under the Endangered Species Act (ESA). The proposal includes a 4(d) rule that will tailor protections for the species and help support its conservation needs.  

 

The ESA describes two categories of species that need protection: threatened and endangered. An endangered animal or plant is one that is in danger of extinction throughout all or a significant portion of its range; a threatened animal or plant is one that is likely to become endangered in the foreseeable future throughout all or a significant portion of its range. The Service has determined that the short-tailed snake fits the definition of “threatened” as it is at risk of becoming endangered in the foreseeable future in a significant portion of its range. 

The short-tailed snake is a small, non-venomous snake that is primarily fossorial (lives underground) and nocturnal or diurnal (rarely above ground during the day). The species occurs in xeric (drier) upland habitats including sandhill, scrub, and xeric hammocks that are associated with central ridge formations in peninsular Florida.  

The short-tailed snake occurred in 17 counties in Florida historically, with species occurrences in 11 of those counties since 2000 (Alachua, Citrus, Gilchrist, Hernando, Hillsborough, Lake, Levy, Marion, Pasco, Polk, and Putnam Counties). The short-tailed snake’s current range is contracted from the historical range, with extirpation of 8 known sites and elimination of suitable habitat. 

Primary threats to the viability of the short-tailed snake include habitat loss, degradation, and fragmentation due to urbanization and development land conversion to agriculture and mining uses. The species currently maintains enough population resiliency and species redundancy that it is not in danger of extinction throughout its entire range. 

Critical habitat, as defined by the ESA, is a specific geographic area that contain features essential to the conservation of a threatened or endangered species that may require special management and protection.  Critical habitat may include areas that are not currently occupied by the species but are essential for its conservation. 

We have determined that designation of critical habitat is prudent, but not determinable at this time. When critical habitat is not determinable, the ESA allows the Service an additional year to publish a critical habitat designation. 

For threatened species, Section 4(d) of the ESA allows exceptions for incidental take when the actions benefit the conservation of the species prohibiting the following activities, except as otherwise authorized or permitted: importing or exporting; take; possession and other acts with unlawfully taken specimens; delivering, receiving, transporting, or shipping in interstate or foreign commerce in the course of commercial activity; or selling or offering for sale in interstate or foreign commerce. 

Listing under the ESA provides immediate protection, promotes recovery, and generates greater public awareness about the threats and conservation opportunities. It also inspires actions by diverse partners, including federal, state, Tribal and local agencies, industry, conservation groups, and individuals.   

Targeted protections:  Under the ESA, federal agencies must ensure actions they approve, fund or carry out do not jeopardize the continued existence of a listed species or destroy or adversely modify its habitat. In addition, the ESA protects listed species and their habitats by prohibiting “take” and interstate or international trade in listed species (including their parts and products), except under federal permit. Take is defined by the ESA as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct.”  Harm is defined as “an act which actually kills or injures wildlife.”  Such an act may include significant habitat modification or degradation where it kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.  

Recovery efforts:  The ESA also requires the Service to develop and implement recovery plans for the conservation of threatened and endangered species. Recovery plans outline actions that are needed to improve the species’ status, so they no longer require protection under the ESA. The Service develops and implements these plans in partnership with species experts, federal, state, and local agencies, Tribes, non-governmental organizations, academia, and other stakeholders.   

The Service seeks comments on this proposed rule until Dec. 4, 2023. Using the Federal eRulemaking Portal, search for docket number FWS–R4–ES–2023–0158. Comments submitted electronically must be received by 11:59 p.m. Eastern Time. The agency must receive requests for public hearings in writing at the address shown below by Nov. 17, 2023.  

For more information contact Lourdes Mena, Classification and Recovery Division Manager, 352-749-2462, Florida Ecological Services Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256-7517.  Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339.