[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63598-63600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19936]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2023-0160; FXES11130200000-234-FF02ENEH00]


East Foundation Programmatic Safe Harbor Agreement for Ocelot 
Reintroduction and Enhancement of Survival Permit Application; South 
Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of an application for an enhancement of survival permit 
pursuant to the Endangered Species Act for the proposed East Foundation 
Programmatic Safe Harbor Agreement for Ocelot Reintroduction in South

[[Page 63599]]

Texas. The application package includes the safe harbor agreement and a 
draft screening form pursuant to the National Environmental Policy Act. 
We invite the public and local, State, Tribal, and Federal agencies to 
comment on these documents. Before issuing the requested permit, we 
will take into consideration any information that we receive during the 
public comment period.

DATES: Submission of comments: We will accept comments received on or 
before October 16, 2023.

ADDRESSES: Obtaining documents: You may obtain copies of the 
enhancement of survival permit application, safe harbor agreement, and 
draft National Environmental Policy Act screening form online in Docket 
No. FWS-R2-ES-2023-0160 at https://www.regulations.gov gov. Other related 
information may be obtained online at https://www.eastfoundation.net/.
    Submitting comments: You may submit written comments by one of the 
following methods:
     Internet: https://www.regulations.gov. Search for and 
submit comments on Docket No. FWS-R2-ES-2023-0160; or
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R2-ES-2023-0160; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.
    Please note which document(s) your comment references. For more 
information, see Public Availability of Comments.

FOR FURTHER INFORMATION CONTACT: Chuck Ardizzone, Field Supervisor, 
U.S. Fish and Wildlife Service, Houston, Texas, Coastal Ecological 
Services Field Office; telephone (281) 286-8282. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of an application for an 
enhancement of survival permit pursuant to section 10(a)(1)(A) of the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.) for the proposed East Foundation Programmatic Safe Harbor 
Agreement for Ocelot Reintroduction in South Texas. The application 
package includes the safe harbor agreement (SHA) and a draft screening 
form pursuant to the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.).
    If the requested enhancement of survival permit is approved, it 
would authorize East Foundation (applicant) for incidental take of the 
ocelot (Leopardus (=Felis) pardalis) resulting from conservation and 
management activities covered by the SHA. With this notice, we also 
announce the availability of a draft screening form supporting a 
proposed categorical exclusion that has been prepared to evaluate the 
enhancement of survival permit application in accordance with NEPA 
requirements.

Background

    Section 9 of the ESA and our implementing regulations at 50 CFR 
part 17 prohibit the ``take'' of fish or wildlife species listed as 
endangered or threatened. Take is defined under the ESA as to ``harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect 
listed animal species, or to attempt to engage in such conduct'' (16 
U.S.C. 1538(19)). However, under section 10(a) of the ESA, we may issue 
permits to authorize take of listed species. ``Incidental take'' is 
defined by the ESA as take that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity. Regulations governing 
such take of endangered and threatened species are found at 50 CFR 
17.21-22 and 50 CFR 17.31-32, respectively.
    Under an SHA, participating landowners voluntarily undertake 
conservation and management activities on their properties to benefit 
species listed under the ESA. Enhancement of survival permits are 
issued to applicants in association with approved SHAs to authorize 
take of the covered species from covered activities on the enrolled 
lands that are identified in the SHA. Covered activities are those 
otherwise lawful actions that cause take of a covered species and for 
which take is authorized by a permit under 50 CFR 17.22(b)-(c) 50 CFR 
17.32(b)-(c), as applicable. Under an SHA, the Service may authorize 
incidental taking of a covered species at a level that enables the 
participating landowner ultimately to return the enrolled property back 
to agreed-upon baseline conditions. Through the SHA and the associated 
enhancement of survival permit, the Service also provides assurances to 
enrolled property owners that additional land, water, and/or natural 
resource use restrictions will not be imposed as a result of their 
voluntary conservation actions.
    Application requirements and issuance criteria for enhancement of 
survival permits for SHAs are found at 50 CFR 17.22(d)(2)(ii) and 
17.32(d)(2)(ii). See also the joint policy on SHAs, which was published 
in the Federal Register with the Department of Commerce's National 
Oceanic and Atmospheric Administration, National Marine Fisheries 
Service (June 17, 1999, 64 FR 32717).

Proposed Action

    The proposed action involves the issuance of an enhancement of 
survival permit to the East Foundation (applicant) in association with 
the East Foundation Programmatic Safe Harbor Agreement for Ocelot 
Reintroduction in South Texas. The ocelot is listed as an endangered 
species throughout its range in South and Central America, Mexico, and 
southern Texas and southern Arizona (37 FR 6476, 47 FR 31670). In 
Texas, ocelots are currently known to occur in coastal South Texas in 
two small, isolated breeding populations that total less than 100 known 
individuals (Service 2016).
    The purpose of the proposed SHA is to expand the ocelot's occupied 
range in South Texas by reintroducing the species on the East 
Foundation's San Antonio Viejo Ranch in Jim Hogg and Starr Counties and 
to provide additional habitat for reintroduced ocelot dispersal onto 
private lands proximate to the San Antonio Viejo Ranch in Brooks, 
Hidalgo, Jim Hogg, Starr, and Zapata Counties. It is estimated that 
362.6 square kilometers (km\2\) (89,600 acres (ac)) of suitable ocelot 
habitat exist within this area, with 124.3 km\2\ (30,715 ac) located on 
the San Antonio Viejo Ranch. Pursuant to the SHA, the East Foundation 
will enroll participating landowners through issuance of certificates 
of inclusion. The enhancement of survival permit would authorize 
incidental take that may result from the implementation of the proposed 
conservation and management activities on the enrolled properties 
during a 30-year permit term, with an option to return the properties 
to the baseline condition at the conclusion of the permit.
    Proposed conservation measures include ocelot reintroduction 
activities, monitoring, habitat management, and research. 
Reintroduction activities include the construction of release 
enclosures, maintenance and monitoring of ocelots in these enclosures, 
and the actual release of behaviorally and genetically suitable ocelots 
from the enclosures. Such activities will be implemented in accordance 
with the most up-to-date version of the Ocelot Breeding and 
Reintroduction Manual (Ocelot

[[Page 63600]]

Reintroduction Study Captive Propagation Team 2023) cooperatively 
developed by the East Foundation, Service, and other partners. 
Monitoring of reintroduced ocelots and their descendants will occur via 
geolocation devices and cameras and will allow the East Foundation to 
evaluate the survival and behavior of individual ocelots on the San 
Antonio Viejo Ranch and enrolled properties. Habitat management 
activities are additional, optional measures to further benefit ocelot 
survival in the reintroduction area. These activities may include 
wildfire mitigation practices, minimization of brush clearing, habitat 
restoration, construction of supplemental drinking sources, and 
potential predator or competitor control. The East Foundation, with the 
cooperation of partners as appropriate, may also pursue opportunities 
for additional research in support of ocelot reintroduction.
    Proposed management practices include otherwise lawful activities 
such as cattle grazing, building and maintaining ranch infrastructure, 
agriculture operations, agritourism, vegetation and wildlife 
management, and energy development interests. Any negative impacts to 
ocelots or their habitat due to management practices are anticipated to 
be minimal and temporary. The ocelot reintroduction program is expected 
to have a net conservation benefit and contribute to recovery by 
supporting multiple recovery actions identified in the species' current 
recovery plan (Service 2016), exceeding any possible negative impacts 
that may occur on the San Antonio Viejo Ranch or other participating 
properties due to the covered and otherwise legal activities.

Next Steps

    We will evaluate the permit application, SHA, draft screening form, 
and comments we receive to determine whether the SHA application meets 
the requirements of the ESA, NEPA, and implementing regulations. If we 
determine that all requirements are met, we will approve the SHA and 
issue the enhancement of survival permit under section 10(a)(1)(A) of 
the ESA to the applicant in accordance with the terms of the SHA and 
specific terms and conditions of the authorizing permit. We will not 
make our final decision until after the 30-day comment period ends and 
we have fully considered all comments received during the public 
comment period.

Public Availability of Comments

    All comments we receive become part of the public record associated 
with this action. Requests for copies of comments will be handled in 
accordance with the Freedom of Information Act, NEPA, and Service and 
Department of the Interior policies and procedures. Before including 
your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public disclosure in their 
entirety.

Authority

    We provide this notice under the authority of section 10(c) of the 
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA 
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 
1506.6).

Amy L. Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2023-19936 Filed 9-14-23; 8:45 am]
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