East Foundation Programmatic Safe Harbor Agreement for Ocelot Introduction

EAST FOUNDATION PROGRAMMATIC SAFE HARBOR AGREEMENT FOR OCELOT REINTRODUCTION

This Programmatic Safe Harbor Agreement (Agreement), effective and binding on the date of last signature below, is between East Foundation and the U.S. Fish and Wildlife Service (Service).

Agreement Administrator: East Foundation

Service: Field Supervisor

Texas Coastal Ecological Services Field Office

Tracking Number:

ECOSphere Project Code: 2023-0077494

Summary of Purpose of the Safe Harbor Agreement

The purpose of this Agreement is to outline conservation actions that the East Foundation and other Participating Landowners will implement on their enrolled properties for the ocelot (Leopardus pardalis). The goal of the Agreement is to provide a net conservation benefit to the recovery of this species.

1. INTRODUCTION

Purpose

This programmatic Safe Harbor Agreement (Agreement) is entered into between the East Foundation and the Department of the Interior, U.S. Fish and Wildlife Service (Service). Landowners choosing to enroll in the Agreement will obtain a Certificate of Inclusion from the East Foundation and will be referred to as Participating Landowners within this document. Once signed, this Agreement will serve as the basis for the Service to issue an Enhancement of Survival Permit (Permit) under section 10(a)(1)(A) of the Endangered Species Act, as amended (Act).

The purpose of this 30-year Agreement is for the East Foundation - a science-based non-profit organization that is dedicated to wildlife conservation on working ranchlands in South Texasto voluntarily provide a net conservation benefit to ocelots (covered species), a species that is federally listed as endangered. This benefit will be created by reintroducing ocelots to the East Foundation’s San Antonio Viejo Ranch in Jim Hogg and Starr Counties, Texas where suitable ocelot habitat has been identified.

Background Information

At the time of the Agreement’s initiation, no ocelots occur at the San Antonio Viejo Ranch or proximate lands as part of the environmental baseline conditions, and no ocelot populations are known to exist in Texas beyond two known populations in coastal South Texas: the “Ranch” Population, which occurs on private ranches in Willacy, Kenedy, and Kleberg Counties, and the “Refuge” Population, which occurs in and around Laguna Atascosa National Wildlife Refuge in Cameron County. These two populations total less than 100 known individuals (U.S. Fish and Wildlife Service 2016) and are over 100 kilometers (62 miles) east of the San Antonio Viejo Ranch.

Ocelots reintroduced to the San Antonio Viejo Ranch may be acquired from sources, such as an ocelot breeding program, to be established in South Texas jointly with the Caesar Kleberg Wildlife Research Institute (CKWRI), the East Foundation, and the Service. Establishing an additional ocelot population in Texas within unoccupied habitat on the San Antonio Viejo Ranch and surrounding private properties will support several recovery actions identified in the Ocelot Recovery Plan, and it may contribute to the Recovery Plan’s goals to reach 200 ocelots in Texas (U.S. Fish and Wildlife Service 2016). If the reintroduction program is successful, reintroduction would increase ocelot numbers in Texas, increase ocelot genetic diversity in the wild in Texas, expand the ocelot’s occupied range in the state, and provide a safeguard against extirpation of ocelots in Texas in case of a catastrophic event impacting the small existing ocelot populations. The East Foundation and other landowners who join this Agreement through Certificates of Inclusion will conduct conservation measures explicitly described in this Agreement to support ocelot reintroduction. These include activities necessary for the release of ocelots on the San Antonio Viejo Ranch and monitoring of these individuals. Other conservation measures to benefit the ocelot, including habitat management activities, are additional options for the East Foundation and Participating Landowners to undertake under this Agreement

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The East Foundation and Participating Landowners who comply with the requirements of this Agreement, based on the Service’s determination, will be covered for any take of ocelots that is incidental to otherwise lawful activities occurring on the properties. This coverage will be delivered through issuance of the Permit associated with this Agreement. Additionally, any participating landowner may request to return their lands to the baseline of zero ocelots at the end of this Agreement or during the Agreement by withdrawing and then providing the East Foundation with a 30-day notice of the intent to return to baseline followed by 90 days of property access for the East Foundation to capture and remove any ocelots present on the property using appropriate and permitted methods. Ocelots may be captured with any permitted method deemed appropriate by the East Foundation and the Service given the situation. Capture methods may include but are not limited to live trapping with box traps (contingent on weather conditions), netting, or detection with drones or dogs and subsequent darting. Removed ocelots may be relocated to other appropriate locations within the reintroduction area that contain suitable ocelot habitat. Other landowners who do not participate in the Agreement but whose lands do not currently support ocelots and are proximate to the reintroduction area may receive incidental take coverage through a section 7 consultation process associated with this Agreement. Non-participating landowners will include those lands not enrolled in this Agreement that occur within a 50-kilometer (31-mile) radius of the San Antonio Viejo Ranch – the longest recorded dispersal of an ocelot.

Regulatory Framework

Sections 2, 7, and 10 of the Act allow the Service to enter into this Agreement. Section 2 of the Act states that encouraging interested parties to develop and maintain conservation programs is a key to safeguarding the Nation’s heritage in fish, wildlife, and plants. Section 7 of the Act requires the Service to review programs that we administer and to utilize such programs in furtherance of the purposes of the Act. By entering into this Agreement, the Service is utilizing our Recovery Program to further the conservation of the Nation’s fish and wildlife. Lastly, section 10(a)(1)(A) of the Act authorizes the issuance of permits to “enhance the survival” of a listed species. The Safe Harbor Agreement Policy was developed under section 10 to encourage private and other non-federal landowners to voluntarily undertake conservation activities on their properties to benefit federally listed species.

Safe Harbor Agreement Standard

Before entering into a Safe Harbor Agreement, the Service must determine that the conservation measures to be implemented will contribute to recovery of the species by providing a net conservation benefit. “Net conservation benefit’’ means the cumulative benefits of the management activities identified in a Safe Harbor Agreement that provide for an increase in a species’ population and/or the enhancement, restoration, or maintenance of covered species’ suitable habitat within the enrolled property, taking into account the length of the Agreement and any off-setting adverse effects attributable to the incidental taking allowed by the enhancement of survival permit. Net conservation benefits must be sufficient to contribute, either directly or indirectly, to the recovery of the covered species (64 FR 32717).

Assurances Provided

The assurances listed below apply to the East Foundation and other Participating Landowners enrolled in this Agreement where the conservation measures specified are being properly implemented. The assurances apply only with respect to the ocelot.

Through this Agreement, the Service provides East Foundation and other Participating Landowners with the assurances that they are not subject to any additional conservation measures or additional land, water, or resource use restrictions, beyond those voluntarily agreed to and described in the “Conservation Measures” section below, to mitigate or compensate for changes in the conditions or circumstances of any species or ecosystem, natural community, or habitat covered by the Agreement, as stipulated by 50 CFR 17.22 (c)(5) and 17.32(c)(5).

These assurances and incidental take coverage will be authorized through issuance of an Enhancement of Survival Permit with a 30-year term. If they choose, East Foundation and other landowners participating in the Agreement through a Certificate of Inclusion may return the enrolled properties back to the baseline established in this Agreement before the end of the permit term so long as the Agreement is fully implemented. At the end of the 30-year Permit term and at the discretion of the East Foundation and the Service, this Agreement and the associated Permit may also be renewed to continue the assurances provided during the original Agreement and Permit

Parties to the Agreement

Permit Holder – East Foundation

The East Foundation will hold the Permit and is responsible for managing the ocelot reintroduction efforts outlined in this Agreement. Using ocelot breeding, behavioral preparation, and reintroduction plans developed cooperatively with the Service (Manual for Ocelot Breeding and Reintroduction), the East Foundation will engage in conservation activities to benefit the ocelot, primarily releasing ocelots onto the San Antonio Viejo Ranch and monitoring ocelots. In cooperation with other partners, East Foundation will follow monitoring protocols designed with the Service to monitor ocelots in the reintroduced population (including the released ocelots and their descendants) on both the San Antonio Viejo Ranch and other properties to which ocelots may disperse. The East Foundation is provided assurances from the Service that its compliance with this Agreement will support an Enhancement of Survival Permit that will exempt section 9 prohibitions on incidental take of ocelots in the reintroduced population. Further, no additional conservation measures or restrictions on land, water, or resource use, beyond those identified in this Agreement, will be required as long as the Agreement is fully implemented. The East Foundation may enroll other eligible landowners in the Agreement through Certificates of Inclusion and will coordinate their participation in the ocelot reintroduction program.

Participating Landowners

Participating landowners within eligible lands (see below) may enroll in this Agreement at any time during the term of this Agreement by obtaining a Certificate of Inclusion from the East Foundation, which will be valid for the remaining term of the East Foundation’s Permit. A Certificate of Inclusion provides Participating Landowners with the same assurances and incidental take coverage as the East Foundation under the terms of this Agreement and its associated Permit. Participation in this Agreement may also contribute to the Participating Landowners’ land stewardship missions and their environmental goals or requirements.

Participating Landowners will cooperate with the East Foundation by allowing ocelots reintroduced to the East Foundation’s San Antonio Viejo Ranch, and those ocelots’ descendants, to disperse onto their properties. They will also provide the East Foundation, where necessary, with limited access to their private property for the purposes of monitoring ocelots in the reintroduced population. Participating Landowners may voluntarily engage in other conservation activities to benefit ocelot reintroduction, though these additional practices are not required. Participating Landowners who have fully maintained their responsibilities in this Agreement may elect to return their properties to a baseline of zero ocelots before the end of the Permit term. Additionally, they may withdraw from the Agreement at any time. Upon withdrawal, Participating Landowners then become non-participating landowners. Through a Biological Opinion, non-participating landowners will also be exempt from prohibitions of incidental take of ocelots and will have no restrictions on land use due to ocelot reintroduction. Upon withdrawal from the Agreement, Participating Landowners may also request a return to the baseline condition of zero ocelots. To return to baseline, the Participating Landowner must provide the East Foundation with a 30-day notice of the intent to return to baseline and then provide the East Foundation with 90 days (or fewer, if ocelots are captured before 90 days) of property access to attempt to capture and remove any ocelots present. Removal of all ocelots cannot be guaranteed, and if any ocelot is considered irretrievable by the East Foundation after 90 days of attempted capture, the Service will consider that individual to be incidentally taken under the East Foundation’s Permit. Except as authorized through another permitting process under the Act, deliberate take of ocelots is prohibited.

Additional Partners

Additional partners may assist the East Foundation in implementing the conservation activities identified in this Agreement. These include the planning of and implementation of ocelot reintroduction, activities to support reintroduced ocelots once they are released to the wild, monitoring of reintroduced ocelots and their descendants, and other necessary activities that may later be identified. These partners include, but are not limited to, the Caesar Kleberg Wildlife Research Institute (CKWRI) and the Texas Parks and Wildlife Department (TPWD). The East Foundation may designate CKWRI or TPWD to carry out conservation and monitoring activities, including capturing ocelots, if needed As needed during the term of the Agreement, the East Foundation may also include additional organizations as designees. All activities conducted by designees should be conducted by qualified individuals with authorization under separate TPWD Wildlife Diversity and Service Recovery permits, as appropriate.

Non-Participating Neighboring Landowners

This Agreement has been specifically designed to provide assurances to Participating Landowners that no land use restrictions will be placed on them due to their enrollment in this Agreement or the conservation activities conducted through implementation of this Agreement. Participation in this Agreement provides landowners with regulatory certainty regarding ocelot reintroduction as well as the opportunity to voluntarily collaborate with the East Foundation to support recovery of ocelots in Texas. Still, some landowners in and around the reintroduction area may elect not to participate in the Agreement. Safe Harbor Agreement Policy provides the Service with flexibility to provide incidental take assurances to neighboring landowners that are within the proximity of the reintroduction area whether or not they choose to obtain a Certificate of Inclusion and participate in the Agreement (64 Federal Register 32726). By entering into this Agreement, the Service provides such incidental take coverage for ocelots to non-participating neighboring landowners without requiring any additional analyses, or additional documentation of incidental take coverage.

For the purposes of this Agreement, non-participating neighboring landowners are defined as landowners whose lands reintroduced ocelots or their descendants may disperse onto and/or occupy because of ocelot reintroduction activities on the San Antonio Viejo Ranch. Ocelot dispersal has been recorded up to 50 kilometers (31 miles) (Booth-Binczik 2007), so lands within 50 kilometers of ocelot release locations at the San Antonio Viejo Ranch may be considered within the vicinity of enrolled lands. Non-participating landowners do not include any properties proximate to ocelot populations existing prior to this Agreement’s initiation.

The East Foundation requests that the Service use its flexibility through the intra-Service section 7 consultation process to provide incidental take coverage of ocelots to non-participating landowners within 50 kilometers (31 miles) of the San Antonio Viejo Ranch should ocelots disperse to their lands due to the reintroduction program. This incidental take coverage would only apply to ocelots that disperse from the reintroduction program and not to other species nor to ocelots from the existing populations. Non-participating neighboring landowners will not be subject to the terms of the Agreement or its associated Enhancement of Survival Permit if they are not enrolled, though may choose to enroll in the Agreement at any time through a Certificate of Inclusion with the East Foundation. Additionally, non-participating landowners may at any time request that the East Foundation (in cooperation with partners, as necessary) remove an ocelot from their property. Such requests are not anticipated given that ocelots and their activities do not impede typical land use activities in South Texas Removal of all ocelots from a non-participating landowner’s property cannot be guaranteed, and if any ocelot is irretrievable, the Service will consider that individual to be incidentally taken under East Foundation’s Permit. Except as authorized through another permitting process under the Act, deliberate take of ocelots is prohibited.

2. STATUS AND BACKGROUND OF OCELOTS

Status and Distribution

The ocelot is a medium-sized felid with a large geographic range in the Americas. Ocelots can be found in regions from northern Argentina and Uruguay up to northern Mexico and the southern United States. In the United States, ocelots are only known to occur in isolated areas of southern Arizona and in South Texas (U.S. Fish and Wildlife Service 2016).

In southern Arizona, male ocelots are detected in sky island habitats after dispersing from breeding populations immediately south in Sonora, Mexico (Rorabaugh et al. 2020). However, there is no evidence suggesting that a resident, breeding ocelot population is present in Arizona (Rorabaugh et al. 2020). Ocelots were historically believed to exist throughout different regions in Texas and even into the western edges of Louisiana and Arkansas (Schmidly and Bradley 2016, U.S. Fish and Wildlife Service 2016). In Texas, historical account of ocelots - including harvest records, museum records, and scientific accounts - from the late nineteenth century through mid-twentieth century reflect evidence of ocelots in eastern Texas, the Central Texas Hill Country, the Southern Texas Brush Country, and areas around Big Bend National Park (Bailey 1905, Frye and Lay 1942, Schmidly and Bradley 2016).

Despite wide historical distribution in Texas, ocelot populations declined considerably in the twentieth century due to large scale habitat loss and fragmentation (e.g., land conversion and habitat removal), trapping for the fur and pet trades, and indiscriminate predator control practices. By the early 1980s, ocelots were rarely seen in Texas and distribution was unknown (U.S. Fish and Wildlife Service 2016). As a species, ocelots were listed first listed as endangered by the United States in 1972, and ocelots’ listing as a domestic endangered species was clarified by the United States in 1982 (47 FR 31670). Today, ocelots in Texas are known to occur in coastal South Texas in two isolated breeding populations that total less than 100 known individuals (U.S. Fish and Wildlife Service 2016, Lombardi et al. 2021).

The larger remaining breeding ocelot population in Texas - the Ranch Population - occurs on private ranchlands and conservation easements in Willacy, Kenedy, and Kleberg Counties. Over 60 ocelots are likely to exist in this population (Lombardi et al. 2022b). However, the exact size and distribution of this population remains unknown due to lack of large-scale systematic surveys for ocelots on private property (U.S. Fish and Wildlife Service 2016). The challenges with ocelot surveys on private land stem in part from landowner concerns about Endangered Species Act regulations related to the presence of endangered ocelots. Meanwhile, the Refuge Population is Texas’ smaller isolated breeding population (estimated 16-20 ocelots; H. Swarts, U.S. Fish and Wildlife Service, personal communication). It is approximately 30 kilometers (19 miles) south of the Ranch Population. The Refuge Population occurs in and around Laguna Atascosa National Wildlife Refuge in Cameron County. Extensive land development (e.g., rowcrop agriculture, wind and oil energy, roadways, and urban infrastructure) limits connectivity between the Ranch and Refuge Populations (Chappell 2010, Lehnen et al. 2021, Veals et al. 2022). Further, historical development has cut off connectivity between ocelot populations in Texas and Mexico (Janecka et al. 2014). The closest Mexico ocelot populations to Texas are 100

kilometers (62 miles) south of the U.S.-Mexico border in the Sierra San Carlos Mountain Range (Caso and Dominguez 2018).

Threats and Limiting Factors

Though they are no longer threatened by direct overexploitation from hunting or trapping, ocelots in Texas still face a variety of threats. Habitat loss from rapid development around the Rio Grande Valley of South Texas threatens remaining ocelot habitat (Lombardi et al. 2020). Habitat loss has caused isolation of the two Texas ocelot populations, which has led to low genetic diversity in Texas ocelots that could ultimately cause a loss of adaptive capacity and/or inbreeding depression (Janecka et al. 2011, 2014, 2016). Vehicle collisions are the largest known source of mortality for ocelots in Texas (Blackburn et al. 2020, 2021, 2022; Schmidt et al. 2021). Given the small population size and the range of threats that it faces, Haines et al. (2005b) projected that the Refuge Population has a 65% probability of going extinct within 100 years without effective recovery actions to support the population. These recovery actions include habitat expansion, genetic augmentation via translocations of ocelots, and measures to reduce road mortality (Haines et al. 2005b).

Stochastic, catastrophic natural events such as severe droughts, wildfire, zoonotic disease outbreaks, sea-level rise, and major hurricanes - all of which may be exacerbated by future climate change - may also pose direct threats to the small coastal Texas ocelot populations. A large portion of the known ocelot populations exists in low elevation habitat (< 5 m above sea level). This is a concern for the persistence of Texas ocelots; due to climate change, sea levels are expected to rise by at least 1 foot in coastal areas by 2100 (Sweet et al. 2022) and tropical cyclone intensities and associated storm surges are expected to increase (Knutson et al. 2020). Further, recent natural disasters have emphasized the need to create an additional ocelot population that is geographically distinct from existing populations and any possible catastrophes they may face. These recent disasters include the Texas Drought of 2011, Hurricane Harvey in 2017, Hurricane Hanna in 2020, and the Hayfield South and Oak Motte Wildfires in Willacy and Kenedy Counties in Spring 2022. Establishment of an additional ocelot population may provide a safeguard for the species’ persistence in Texas even in the face of climate change

Life History and Habitat Requirements

Ocelots’ survival is dependent on sufficient availability of preferred cover, reproductive access, and availability of prey. Across their geographic range in the Americas, ocelots have been linked to a variety of mixed and dense vegetation communities and forested habitat patches (Emmons 1988, Horne et al. 2009, Wang et al. 2019, Lombardi et al. 2020, Lehnen et al. 2021). Ocelot habitat use includes tropical deciduous forests (Lombardi et al. 2022a), pine-oak woodlands (Gómez-Ramirez et al. 2017, Rorabaugh et al. 2020), tropical broadleaf forests (Satter et al. 2019, Wang et al. 2019), savanna and galley forests (Paviolo et al. 2015, Paolino et al. 2018), montane forests (Garcia-Ramirez et al. 2019), and semi-arid oak and shrub communities (Lombardi et al. 2020, Lehnen et al. 2021). In Texas, ocelots in the Refuge Population occur in isolated patches of Tamaulipan thornscrub communities while the Ranch Ocelot Population

occurs in live oak-thornscrub and woody-wetland-thornscrub communities (Harveson et al. 2004, Lombardi et al. 2020, Lehnen et al. 2021). Suitable landscape structure for ocelots in Texas has been described as large, adjacent patches of woody cover (Lombardi et al. 2021).

Ocelots have a male-dominant reproductive system. Within a typical male’s home range, there are three to four female home ranges plus some non-breeding subadults females and, potentially, related subadult non-breeding males (Haines et al. 2005a, Laack et al. 2005, Tewes 1986). However, home range sizes differ among populations; in the Ranch Population, male home ranges average 12 kilometers 2 (2,965 acres) but range as high as 84 kilometers 2 (20,747 acres) (J. Lombardi, CKWRI, personal communication). Males in the Refuge Population have home ranges averaging 24 kilometers 2 (5,930 acres), though they vary from 10 kilometers 2 (2,471 acres) to 132 kilometers 2 (32,618 acres) (S Lehnen, U.S. Fish and Wildlife Service, personal communication). Home ranges for females in the Ranch Population average between 2 to 6 kilometers 2 (494 to 1,483 acres) (J. Lombardi, CKWRI, personal communication). Both male and female ocelots are territorial and may exclude unrelated, adult ocelots of their same sex in defense of their home range (Haines et al. 2005a). This highlights the ocelot’s need for adequate space to establish exclusive territories.

Ocelots are a carnivorous species displaying a generalist diet. Across their geographic range, ocelots have been documented preying on species including smaller felids, monkeys, deer, and small mammals (Hunter 2015). In Texas, diets of ocelots include small mammals (e.g., rodents and rabbits), meso-mammals (e.g., opossums (Didelphis virginiana) and armadillos (Dasypus novemictus)), white-tailed deer fawns (Odocoileus virginianus), birds, and reptiles (BoothBinczik et al. 2013). Across their range, known ocelot depredations on domesticated animals are limited to poultry (Hunter 2015). Ocelots could also impact pet cats or small pet dogs if occurring close to human settlements, but there are no records of livestock or pet depredations by ocelots in Texas in the past 100 years.

Recovery Needs, Conservation and Recovery Efforts to Date

Ocelot conservation measures have thus far maintained habitat for existing populations, mitigated roadway mortality near occupied ocelot habitat, and restored habitat to promote population connectivity and expansion (U.S. Fish and Wildlife Service 2016). Laguna Atascosa National Wildlife Refuge (LANWR) in Cameron County, Texas maintains habitat for ocelots, and approximately 67 kilometers2 (16,556 acres) of land at LANWR is occupied by ocelots (S. Lehnen, U.S. Fish and Wildlife Service, personal communication). The Texas Department of Transportation has strategically constructed fencing and wildlife crossings near ocelot habitat at LANWR to reduce ocelots’ risk of mortality from vehicle strikes (U.S. Fish and Wildlife Service 2016, Blackburn et al. 2021, Schmidt et al. 2021). In the Ranch Population, ocelot habitat is maintained in Willacy and Kenedy Counties on the East Foundation’s El Sauz Ranch and on Lower Rio Grande Valley National Wildlife Refuge Conservation Easements on the Yturria-San Francisco Ranch

Because Texas is a majority private lands state and most suitable habitat for ocelots exists on private lands, the protection of habitat for ocelots in Texas depends mostly on the efforts of private property owners (Haines et al. 2006, Lombardi et al. 2020, 2021, Veals et al. 2022). Maintenance of mixed and dense woody cover patches is critical for ocelot existence on private properties. No specific management activities beyond the maintenance of canopy cover and brushy understory, which includes practices to protect habitat from wildfire, are undertaken within ocelot habitat on the East Foundation El Sauz Ranch or on Yturria-San Francisco lands. Finally, Safe Harbor Agreements have been previously developed in the Lower Rio Grande Valley of South Texas to encourage private landowners to restore ocelot habitat around areas occupied by ocelots (Environmental Defense 2004, 2006). Restoration is used to increase available habitat for ocelots and create corridors that could connect populations that are otherwise isolated. However, no ocelot dispersal between the existing Ranch and Refuge populations in Texas or between Texas and Mexico populations has been documented in the twenty-first century (Janecka et al. 2014).

Since 2008, both researchers and the Ocelot Recovery Team have suggested translocating individual ocelot between populations in Texas and translocating individual ocelots from Mexico into the populations in Texas (Janecka et al. 2011, 2014, 2016; Translocation Team 2009). Translocation would introduce new genetics into Texas populations which are currently experiencing declines in genetic diversity (Janecka et al. 2011, 2014, 2016). However, no translocations of live ocelots from Mexico to Texas or between Texas populations have occurred. Ocelots in Texas continue to display low levels of genetic diversity and have not received any genetic augmentation.

Delisting ocelots under the Act requires achievement of several criteria, including maintenance of at least 200 ocelots in Texas for at least 10 years (U. S. Fish and Wildlife Service 2016). Current ocelot populations in Texas number less than 100 known individuals. Further, the area of habitat occupied by the Refuge Population has remained similar over the past decade, indicating limited room for population expansion (U.S. Fish and Wildlife Service, unpublished data). As such, an additional ocelot population is needed to increase ocelot numbers towards the thresholds required for recovery. The Recovery Plan states that suitable habitat for a new population should be identified, and an ocelot population should be established there (U.S. Fish and Wildlife Service 2016). Further, the Recovery Plan states that if “natural interchange” cannot be created between ocelots in Texas and Tamaulipas, Mexico, “an additional population of at least 75 ocelots must be established within currently unoccupied historical range in Texas. The third population of 75 ocelots should be established in a location that would expand the geographical range of the species in Texas to provide sufficient assurance against loss of the entire Texas population from catastrophic weather events or infectious disease” (U.S. Fish and Wildlife Service 2016).

Ocelot recovery planning clearly necessitates the establishment of a new ocelot population in Texas in an area distinct from existing populations in the state. The intent of this Agreement is to support this recovery objective. Through this Agreement, the East Foundation agrees to voluntarily release ocelots on the San Antonio Viejo Ranch, which has an estimated 124.3

kilometers2 or 30,715 acres of suitable ocelot habitat, to establish an additional ocelot population. Through this Agreement, other private landowners proximate to the San Antonio Viejo Ranch may provide additional lands for reintroduced ocelot dispersal and population expansion.

3. ELIGIBLE LANDS

The lands eligible for enrollment in this Agreement (Figure 1) include non-federal lands in Texas within portions of the historical but unoccupied range of the ocelot. This Agreement does not cover any lands that already have known natural occurrences of ocelots, or which are adjacent to lands known to support the existing Ranch and Refuge Ocelot Populations. Eligible lands include properties in Zapata, Jim Hogg, Starr, Brooks, and Hidalgo Counties that are west of US Highway 281. There are records of historic (before 1990) ocelot sightings in Zapata and Starr Counties but none for Jim Hogg or Brooks Counties (U.S. Fish and Wildlife Service 2016). Hidalgo County had an ocelot present from 1992-1996 at the southern end of the county along the Mexican border in the Santa Ana National Wildlife Refuge (Fisher 1998) and in the northern part of the county from a road mortality in January 2022 on US Highway 281 (H. Swarts, unpublished data).

As of the initiation of this Agreement, no ocelot populations are known to exist in Texas outside of Kleberg, Kenedy, Willacy, and Cameron Counties on the Texas coast. These counties are east of US Highways 281 and 77. Together, US Highways 281 and 77 present a significant barrier between the lands eligible for this Agreement and the existing ocelot populations. Further, eligible lands are over 50 kilometers (31 miles) from existing populations, meaning they are beyond the longest known dispersal of an ocelot in the border region (50 kilometers, BoothBinczik 2007). It is improbable that the eligible lands would be naturally populated by ocelots through dispersal from the existing ocelot populations in Texas due to the distance and highway barriers.

The East Foundation will engage landowners adjacent to the reintroduction site on the San Antonio Viejo Ranch and within the eligible lands to request their enrollment in this Agreement through a Certificate of Inclusion.

Eligible areas (gold outline) are on the opposite side US Highways 77 and 281 (red) from the existing known Ranch and Refuge Ocelot Populations occurring on the Texas coast in Kleberg, Kenedy, Willacy, and Cameron counties. Eligible lands for this Agreement are in Zapata, Jim Hogg, Brooks, Starr, and Hidalgo Counties and are distinct from the eligible lands due to distance and the presence of the two significant highway boundaries. Ocelots will be released onto the San Antonio Viejo Ranch in Jim Hogg and Starr Counties.

4. DESCRIPTION OF THE COVERED LANDS

Covered Lands

The East Foundation enrolls the San Antonio Viejo Ranch in this Agreement. This property is approximately 607.5 kilometers 2 (150,121 acres) in southern Jim Hogg and northern Starr Counties, Texas. While the entire San Antonio Viejo Ranch is covered by this Agreement, conservation activities and management practices - including the actual release of ocelots - will be focused on the southern portion of the ranch where suitable ocelot habitat has been identified (Figure 2). The southern portion of the ranch is primarily Tamaulipan thornscrub communities composed of diverse brush species. Northern portions of the ranch are primarily grassland communities, though there are smaller, scattered patches of trees and brush present in the north.

Figure 1. Map of the San Antonio Viejo Ranch and eligible lands for participation in the programmatic Safe Harbor Agreement for ocelot reintroduction.

The San Antonio Viejo Ranch is a working cattle ranch supporting the East Foundation’s longterm mission to promote land stewardship through ranching, science, and education. San Antonio Viejo is the headquarters location for all East Foundation cattle operations in South Texas. The East Foundation operates a primarily cow-calf and stocker operation at the San Antonio Viejo Ranch. Vegetation management on the ranch is accomplished through prescribed fire, targeted herbicide applications, and mechanical treatment. Due to the lack of surface water on the property, water wells and drinking stations are distributed throughout the San Antonio Viejo Ranch to provide drinking water for both cattle and wildlife. Internal fences are maintained throughout the ranch for managing cattle grazing distributions. Pasture sizes range from approximately 4.9 to 76.9 kilometers2 (1,200 to 19,000 acres). In addition to maintaining its cattle operations through grazing, feeding, and moving cattle, the East Foundation conducts normal and routine ranch activities. These include maintenance of the Ranch’s infrastructure, including 659 kilometers (410 miles) of fence lines, 140 combined windmills and electric and solar wells, and 169 kilometers (105 miles) of sparsely travelled ranch access roads. East Foundation constructs additional ranch infrastructure as necessary to meet operational needs of ranching

The East Foundation has both full and partial mineral interests at the San Antonio Viejo Ranch. Lands being developed for oil and gas, in which the East Foundation owns the surface estate only and no portion of the mineral estate, are subject to surface use agreements between the East Foundation and the oil and gas operator. East Foundation has been successful in negotiating past surface use agreements with oil and gas operators even though it is not required by law. These agreements include strict provisions for assuring that any mineral development projects minimize and mitigate potential surface damages and overall remain compatible with the San Antonio Viejo Ranch surface estate’s primary land use for cattle ranching and wildlife conservation

The East Foundation, in conjunction with university and agency scientists, conducts a variety of wildlife, livestock, and rangeland research projects at the San Antonio Viejo Ranch. All research activities are consistent with required State and Federal regulation and permitting. Aerial (helicopter) surveys and captures of large mammals occur periodically for wildlife research purposes. Other animal populations at San Antonio Viejo, including small mammals, birds, reptiles, and amphibians, are monitored through live capture studies and observational studies. Vegetation is monitored across San Antonio Viejo to measure rangeland health trends as well as wildlife and livestock use of forage. Feral hog (Sus scrofa) and exotic nilgai (Boselaphus tragocamelus) populations are routinely controlled through both aerial and ground harvest. Hunting of native game species may be used to support wildlife management, education, and research purposes. Take of non-game species for scientific purposes is allowed under appropriate permits. Predator control (i.e., coyote (Canis latrans) control) is allowed for research and management purposes but is not routine. Predator research is also conducted using live-capture methods – both aerial and on-the-ground.

Other landowners present within eligible lands may enroll in this Agreement. Details on the geography of these properties plus their management activities will be provided in the Participating Landowners’ Certificates of Inclusion.

A 362.6 km2 patch of suitable ocelot habitat, with 124.3 km2 of the habitat existing within the San Antonio Viejo Ranch, was identified based on the presence of suitable shrub-level cover for ocelots existing within a patch of suitable woody cover that is distinct from threats to ocelots (including roadways, projected urban development, and storm surges from hurricanes). The East Foundation will release ocelots into identified habitat in the southern portion of the San Antonio Viejo Ranch and will focus conservation practices within this area. Released ocelots are expected to disperse from the San Antonio Viejo Ranch to other areas of suitable habitat on neighboring private properties. Non-participating landowners are those who are within 50km of the San Antonio Viejo Ranch but who choose not to sign a Certificate of Inclusion to this Agreement.

Ocelot Habitat on Covered Lands

The southern portion of the East Foundation’s San Antonio Viejo Ranch (Figure 2) will be used as the location for the release of ocelots within the identified reintroduction area. This area sits

Figure 2. Map of the East Foundation’s San Antonio Viejo Ranch within a patch of suitable habitat for ocelots, and with a 50km buffer around the San Antonio Viejo Ranch.

on the confluence of South Texas Coastal Sand Sheet and the Texas-Tamaulipan thornscrub ecoregions. The southern region of the San Antonio Viejo Ranch consists primarily of thornscrub, sandy mesquite woodland, mixed mesquite woodlands, and a diverse community of shrubs and cacti.

Fine-scale assessment of San Antonio Viejo’s vegetation community using remote sensing techniques indicate that there are 124.3 kilometers2 (30,715 acres) of suitable habitat for ocelots on the southern portion of the San Antonio Viejo Ranch. The habitat identified within the San Antonio Viejo Ranch is part of a larger patch of suitable ocelot habitat that spans 362.6 kilometers2 (89,600 acres) over the southern San Antonio Viejo Ranch and adjacent private properties. Identification of suitable ocelot habitat was based on the presence of a suitable landscape structure of woody cover (Lombardi et al. 2021) containing appropriate canopy cover height and density of shrub-level vegetation for ocelots. Canopy cover and shrub density metrics suitable for ocelots were determined by measuring the characteristics of vegetation used by ocelots in occupied habitat in the Ranch Population (Sergeyev et al. 2022). The areas identified as habitat exist at least 1 kilometer (0.62 mile) away from high-traffic roadways (Annual Average Daily Traffic exceeding 1,000 vehicles/day) per Veals et al. (2022), which indicated ocelots are most likely to use areas away from these high-traffic roads. None of the identified suitable habitat on the San Antonio Viejo Ranch or other properties is projected to be subject to urban development by 2050, according to U.S. Environmental Protection Agency projections (U.S. EPA 2010).

The amount of suitable ocelot reintroduction habitat identified within the San Antonio Viejo Ranch (124.3 kilometers 2 or 30,715 acres) and available for the reintroduction of ocelots exceeds the amount of habitat occupied by ocelots at the Laguna Atascosa National Wildlife Refuge (approximately 67 kilometers 2 or 16,556 acres of occupied habitat, S. Lehnen, U.S. Fish and Wildlife Service, personal communication). It is also slightly larger than the entire East Foundation El Sauz Ranch (109 kilometers 2 or 27,000 acres), where over 30 individual ocelots have been documented over the past decade-plus of ocelot monitoring. Based on a relative density estimate of 0.176 ocelots/kilometer2 (95% CI 0.132-0.292) within the Ranch Population (Lombardi et al 2022b), San Antonio Viejo alone has enough suitable habitat to support approximately 21.8 ocelots (95% CI 12.8-36.3). This is comparable to the size of the Refuge Population (estimated 16-20 ocelots, H. Swarts, U.S. Fish and Wildlife Service, personal communication). Further, San Antonio Viejo is within a larger patch of suitable ocelot habitat spanning 362.6 kilometers2 (89,600 acres), and this patch may support approximately 63.8 ocelots (95% CI 37.4 – 105.8) based on the ocelot densities reported by Lombardi et al. (2022b). Estimates of carrying capacity have the caveat that uncertainty exists regarding how potential differences in climate, prey, competitors/predators, and other ecological variables may impact carrying capacity in the reintroduction area compared to currently occupied habitat. For example, climate modeling of temperature and precipitation variables suggests that habitat potential is slightly lower at San Antonio Viejo and the surrounding area than at areas of occupied ocelot habitat in Texas (Lehnen and Lombardi 2023).

San Antonio Viejo supports a diverse fauna assemblage relevant to ocelots. Small mammal abundance monitoring via live trapping has occurred annually on the San Antonio Viejo Ranch since 2014 in a partnership between East Foundation and Texas A&M University. This research has shown the availability of suitable prey for ocelots on the San Antonio Viejo Ranch; East Foundation has documented 13 species of small mammals there (A. Montalvo, East Foundation, unpublished data); 12 of these species are also found on the East Foundation’s El Sauz Ranch, where ocelots also occur as part of the Ranch Population (A. Montalvo, East Foundation, unpublished data). Additionally, nine of the small mammal species at San Antonio Viejo were found in ocelot scats from the Refuge Population (Booth-Binczik et al. 2013). San Antonio Viejo also supports other mammal and bird species that may also serve as potential prey items for ocelots, including opossums, armadillos, javelina (Pecari tajacu), white-tailed deer, and varied ground-nesting avian species (East Foundation, unpublished data).

Lombardi et al. (2022) conducted camera trapping at the San Antonio Viejo Ranch from 2012 to 2014 to survey for coyotes, ocelots, and bobcats. Bobcats and coyotes, but not ocelots, were detected. The presence of bobcats and coyotes – both of which have a similar body size and diet to ocelots - suggests that enough space and suitable prey is present on the San Antonio Viejo Ranch to support mesocarnivore populations. A previous measure of bobcat densities on San Antonio Viejo was 30-80 individuals/100 km2 (Watts 2015). However, current densities of bobcats and ocelots at the San Antonio Viejo Ranch, and in areas in Texas that are occupied by ocelots, are not known.

An ensemble climate model based on temperature and precipitation in areas of known ocelot occupancy in Mexico, Central America, and South America was developed to compare habitat suitability at the San Antonio Viejo Ranch versus occupied ocelot habitat in Texas (Lehnen and Lombardi 2023). This model predicted that ocelot habitat potential is slightly lower at the San Antonio Viejo Ranch and the surrounding area compared to occupied ocelot habitat on the Texas coast, though the habitat potential at San Antonio Viejo is expected to slightly increase in the future due to climate change, though there is a high degree of uncertainty on this increase.

Meanwhile, while existing ocelot populations’ habitat in Texas would be threatened by inundation following a Category 5 coastal hurricane, the San Antonio Viejo Ranch would not. The property is over 100 kilometers (62 miles) from the Texas coast and from existing ocelot populations in Texas. Additionally, San Antonio Viejo’s elevation ranges from 397 to 748 feet, much higher than currently occupied ocelot habitat in Texas that occurs nearly at sea level. The establishment of an ocelot population at the East Foundation’s San Antonio Viejo Ranch could provide an assurance against loss of the entire Texas ocelot population in the case of a catastrophic hurricane (or other natural disaster) that impacts existing populations in coastal South Texas and their small, occupied range.

Beyond the large amount of suitable habitat at San Antonio Viejo, the known presence of suitable prey and the property’s geographic location, several socio-political attributes make the area an appropriate ocelot reintroduction site with low human threats to ocelots. First, there is significant landowner support from the East Foundation to pursue ocelot reintroduction and

recovery at the San Antonio Viejo Ranch and invest in necessary operational infrastructure to implement a reintroduction program. Next, human threats to ocelots in the reintroduction area may be lower than in occupied ocelot habitat elsewhere in Texas because of the remoteness of the area. There are no high-speed roads on the San Antonio Viejo Ranch, only low-speed (<25 miles per hour), mostly dirt and caliche-surfaced roads with small amounts of human traffic related to ranching, research, and education objectives. Paved highways around the ranches in the reintroduction area include Farm-to-Market Roads 1017, 2686, and 649, which have maximum speed limits of 65 miles/hour and average traffic levels of only 300 to 1,000 vehicles per day (gis-txdot.opendata.arcgis.com). The area is mostly remote ranchlands, and there is no urban development around the San Antonio Viejo at the time of this Agreement’s initiation and no urban developed projected up to 2050 (U.S. EPA, 2010). In contrast, occupied ocelot habitat elsewhere in Texas is surrounded by agricultural areas, urban developments, and energy developments with a significant network of nearby highways with traffic flows that range from 600 to 11,000 vehicles per day (Veals et al. 2022).

The East Foundation conducts annual plant and animal monitoring activities on the San Antonio Viejo Ranch in conjunction with university partners. No federally listed threatened or endangered species, nor proposed or candidate species for Federal listing have been detected by the East Foundation on the San Antonio Viejo Ranch.

Ocelot Presence/Numbers on Covered Lands

Camera trapping was conducted at the San Antonio Viejo Ranch by CKWRI from 2012-2014 to survey for ocelots, bobcats, and coyotes (Lombardi et al. 2022). No ocelots were detected on the property (Lombardi et al. 2022). Ocelots were thought to occur in Starr and Zapata Counties as late as the 1970s (Tewes and Everett 1986), though there is no definite evidence of ocelot occurrence on the San Antonio Viejo Ranch (in Starr and Jim Hogg Counties). However, the geographic location of San Antonio Viejo makes it reasonable to believe that ocelots may have historically occupied the area; the San Antonio Viejo Ranch and surrounding private lands are located directly between historical areas of ocelot occupancy in Texas (the Lower Rio Grande Valley and the Nueces River Watershed).

Role of the Covered Lands in the Conservation of Ocelots

Ocelot reintroduction activities established through this Agreement will support several recovery actions identified in the Ocelot Recovery Plan (U.S. Fish and Wildlife Service 2016) related to establishing a new ocelot population within the species’ historic but unoccupied range in Texas. Based on ecological and socio-political factors, the San Antonio Viejo Ranch currently provides the best opportunity to reintroduce an additional ocelot population in Texas and support the growth of the Texas ocelot populations towards thresholds required for recovery (U.S. Fish and Wildlife Service 2016).

At the San Antonio Viejo Ranch, the East Foundation has a mission to maintain in perpetuity the mission to promote wildlife conservation and research, cattle ranching, and education. East Foundation’s long-term mission is compatible with maintaining and managing ocelot habitat on

the San Antonio Viejo Ranch, thereby maintaining long-term prospects for supporting a reintroduced ocelot population there In addition to the large amount of potential ocelot habitat at the San Antonio Viejo that will be maintained in perpetuity, the area is not expected to experience the same impacts of coastal storms that the existing Refuge and Ranch Ocelot Populations might face due to its elevation and inland location. The establishment of an ocelot population at the San Antonio Viejo will provide an auxiliary ocelot population that ensures the survival of ocelots in Texas even in the case of a devastating tropical storm, disease outbreak, or other catastrophic event that impacts the small existing ocelot populations and their limited known range of occupied habitat.

Implementation of ocelot reintroduction at the San Antonio Viejo Ranch and associated research on the reintroduction effort can inform development of future ocelot conservation actions elsewhere Texas; San Antonio Viejo can serve as a laboratory for the study of ocelot reintroduction or translocation. Should reintroduction prove successful at San Antonio Viejo, these strategies could be expanded to additional areas in Texas using methods developed at San Antonio Viejo. Success in the initial effort at San Antonio Viejo and encouragement from a private landowner like the East Foundation would likely increase the chances of other private landowners around Texas becoming supportive and receptive to ocelot reintroduction in other areas.

5. BASELINE DETERMINATION

There are zero ocelots present at San Antonio Viejo and proximate lands west of US Highway 281 that are eligible for this Agreement. This is based on CKWRI camera trapping studies conducted from 2003 to 2022 around South Texas (Lombardi et al. 2022a). Fifteen CKWRI camera trap surveys across 10 Texas counties did not produce ocelot detections outside of the known Ranch and Refuge Populations (Lombardi et al. 2022a). This includes no detections of ocelots at the San Antonio Viejo Ranch during a survey from 2012 to 2014 and no ocelot detections at six other sites west of US Highway 281 that were surveyed by CKWRI (Lombardi et al. 2022a). Additionally, it is expected that an ocelot road mortality could eventually occur in any area supporting an ocelot population. The lack of any ocelot road mortalities on lands west of US Highway 281 combined with the lack of camera documentation of any ocelots there reasonably confirms no ocelot populations in this area.

In Texas, ocelots are only known to occur in the Ranch and Refuge populations along the Texas coast and east of US Highways 281 and 77 (U.S. Fish and Wildlife Service 2016, Lombardi et al 2020, Schmidt et al. 2020, Blackburn et al. 2021, Lehnen et al. 2021). In the last 30 years, the only live ocelots documented west of US Highway 77 were on the Santa Ana National Wildlife Refuge in southernmost Hidalgo County from 1992-1996 (Fisher 1998) and on a private ranch in western Willacy County in 1999 (Shinn 2002). Additionally, a deceased ocelot was observed on US Highway 281 in northern Hidalgo County in January 2022 (H. Swarts, U.S. Fish and Wildlife Service, unpublished data).

Further, the reintroduction area is geographically distinct from existing populations’ occupied habitat. The San Antonio Viejo Ranch is >100 kilometers (62 miles) west of the two known populations. This is well beyond the expected dispersal range of ocelots; the longest ocelot dispersal ever recorded was 50 kilometers (31 miles) (Booth-Binczik 2007). Two major hightraffic highways (US Highway 77 and US Highway 281) are located between the existing populations and the San Antonio Viejo Ranch. These major roadways and the lack of intervening habitat between San Antonio Viejo and existing ocelot populations likely present a hard barrier to connectivity between existing populations and the reintroduction area (Veals et al. 2021, Blackburn et al. 2022). The significance of the highway barriers was highlighted in January 2022 and June 2022 when ocelot road mortalities occurred on US Highways 281 and 77, respectively. There is currently no evidence of successful ocelot dispersal between the Ranch and Refuge Populations in Texas, which are approximately 30 kilometers (19 miles) apart and are separated by roadways and land development. Thus, it is reasonable to assume that ocelots in existing populations will not naturally disperse over 100 kilometers (62 miles) and across two major highways into the reintroduction area.

In summary, no ocelots are known to occur proximate to the reintroduction area surrounding San Antonio Viejo Ranch and no ocelots from the existing populations can reasonably disperse to this area on their own, thereby resulting in a baseline of zero ocelots for the lands eligible for this Agreement.

6. COVERED ACTIVITIES

Covered Activities are those otherwise lawful actions that cause take of a covered species, and for which take is authorized by a permit under § 17.22(b) and (c) or § 17.32(b) and (c), as applicable. Through this Agreement, the East Foundation and Participating Landowners with Certificates of Inclusion who comply with the Agreement will receive coverage for incidental take of reintroduced ocelots or their descendants occurring as a result of ocelot reintroduction activities or any legal ranch management activities. Such lawful management activities may include, but are not limited to, current or future methods used for normal ranch operations; agriculture; agritourism; energy exploration, development, and transmission; and wildlife management and research Lawful management activities such as (but not limited to), building and maintaining ranch infrastructure (fences, roads, working pens, fire-breaks, water wells), and managing vegetation for cattle and wildlife using chemical or mechanical treatments or prescribed fire are covered activities under this Agreement.

This permit, and each Certificate of Inclusion, will convey to the East Foundation and any participating landowner the authorization of incidental take of ocelots consistent with maintaining the baseline condition of zero ocelots. Under this Agreement, the East Foundation and Participating Landowners are specifically not precluded from conducting any legal activity. Additionally, this Agreement will not require any land, water, or resource use restrictions beyond those committed to in this Agreement and associated Certificates of Inclusion.

While normal ranch management activities and ocelot conservation activities could modify some small areas of ocelot habitat and vehicle traffic associated with land use may threaten collisions with ocelots, any adverse modification of ocelot habitat or direct impact to ocelots due to ranching or conservation activities is expected to be small given that ocelots are known to occur on working ranchlands in Texas, including ranchlands owned by the East Foundation. Cumulatively, the negative impacts of ranch management activities would not exceed the conservation benefit of the reintroduction. The positive conservation value of the ocelot reintroduction program in unoccupied habitat will significantly exceed any possible negative impacts to reintroduced ocelots that may occur on the San Antonio Viejo Ranch or other participating properties due to the covered and otherwise legal activities

By entering into this Agreement, the Service also uses its flexibility to provide authorization of incidental take of reintroduced ocelots to neighboring landowners that are within the 50-km proximity of the East Foundation’s San Antonio Viejo Ranch whether or not they choose to obtain a Certificate of Inclusion and participate in the Agreement (64 Federal Register 32726) so that they can continue to conduct normal ranch management activities including those identified above.

Energy Development

The East Foundation and the Service recognize that the lands encompassed by this Agreement may contain energy resource development potential, as do many lands in Texas. This Agreement is not intended to prohibit or to create an impediment to mineral or energy exploration, development, production, or transmission of energy on participating lands. These interests may include, but are not limited to, the suite of activities and infrastructure presently or in the future supporting the creation, exploration, inspection, or transmission of solar, wind, or oil and gas energy sources or related practices such as carbon capture, removal and storage/sequestration. Participating Landowners are not prohibited from developing energy, mineral, or related resources. Further, Participating Landowners may elect to return their property to the baseline of zero ocelots if any proposed energy development land use will change the property’s primary land use from ranching to intensive energy production, or if the development is otherwise is expected to cause significant negative impacts to ocelot habitat or to ocelots known to occur in locations of the prospective development. The East Foundation may choose to suspend or terminate a Certificate of Inclusion if activities endanger the Agreement’s ability to provide a net conservation benefit to the ocelot.

In cases where a Participating Landowner does not own the subsurface estate of their property, this Agreement does not require either the East Foundation or Participating Landowners to take any actions regarding potential subsurface development other than to advise the subsurface estate owners of the existence of this Agreement and the ocelot reintroduction program. Furthermore, neither East Foundation nor Participating Landowners have any responsibility for third party mineral development. East Foundation cannot prevent a mineral owner from accessing and developing their interest but will use its best efforts to negotiate surface use agreements for any development of mineral interests on the San Antonio Viejo

Ranch so that such activities may be compatible with the ocelot reintroduction program and may minimize the likelihood of negative impacts to ocelots or their habitat. As needed, East Foundation may confer with the Service to obtain necessary information that may support the East Foundation’s negotiation of surface use agreements. In the past, the East Foundation has been successful in negotiating surface use agreements with oil and gas operators.

This Agreement does not provide take coverage for ocelots to owners or lessees of any severed subsurface estate, whether on East Foundation lands or lands owned by Participating Landowners or non-participating landowners. Additionally, this Agreement does not preclude any subsurface owners or lessees from seeking additional permits that they determine necessary to secure their interest or to address potential liability or other concerns regarding any activities not covered in the Agreement.

Conservation Activities

The following covered conservation activities are to be undertaken by the East Foundation and other Participating Landowners to contribute to ocelot reintroduction and population establishment, thus providing a conservation benefit to ocelots. All conservation activities are described as either required under this Agreement or optional but encouraged. Participating Landowners may determine which of the optional activities they will undertake (if any) and may provide the details of their plans in the Certificates of Inclusion.

Required: Ocelot Reintroduction

Ocelot reintroduction activities that will benefit ocelots include:

• Transferring ocelots to the San Antonio Viejo Ranch

• As detailed in the Manual for Ocelot Breeding and Reintroduction, releasing ocelots either via soft release (an enclosure is built to hold the ocelot short-term so the ocelot can acclimate to the reintroduction site while being provided food, water, and protection from other species before release) or via direct hard release

• Allowing reintroduced ocelots and their descendants to disperse to other available habitat

• Providing veterinary care, if possible and warranted, to injured or ill ocelots observed in the reintroduction area

• Where determined necessary, conduct post-release management activities to support ocelot establishment, such as providing supplemental food or water

East Foundation, with the cooperation of partners as needed, is required to perform activities that directly support the release of ocelots on the San Antonio Viejo Ranch. There are 124.3 kilometers2 (30,715 acres) of suitable ocelot habitat present on the southern portion of the San Antonio Viejo Ranch, and this habitat occurs within a larger patch of suitable habitat that spans 362.6 kilometers2 (89,600 acres) across the San Antonio Viejo Ranch and other surrounding properties. Ocelots will be released in the southern portion of San Antonio Viejo Ranch at sites where suitable habitat has been identified. Upon release, ocelots may disperse to other parts of the San Antonio Viejo Ranch or onto nearby private properties.

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Other Participating Landowners will contribute to conservation efforts by allowing ocelots from the reintroduced population (including released ocelots and their descendants) to disperse onto their properties and use the available habitat there. Participating Landowners are not required to directly release ocelots onto their properties. Information concerning the presence of ocelots on a Participating Landowner’s property will not be available for public disclosure without consent of the landowner If there is evidence from landowner observation or other monitoring data that an ill or injured ocelot in need of veterinary care is present on their property, Participating Landowners must immediately notify the East Foundation and provide the East Foundation with 30 days of property access to attempt to capture and treat or remove the ocelot of concern using appropriate permitted capture methods, if necessary

Ocelot release activities will be in accordance with the most up-to-date version of the Manual for Ocelot Breeding and Reintroduction (Manual), developed by the East Foundation, CKWRI, the Service, and other partners. Activities under this protocol include the construction of soft or hard release enclosures, maintenance and monitoring of ocelots in these enclosures, and the actual release of ocelots from the enclosures. Since this will be the first attempt to release ocelots into unoccupied habitat in Texas, the East Foundation and the Service intend to be adaptive as new information is learned, and they will refine and update practices in the Manual to create the best possible chance of released ocelots’ survival.

After ocelots are released, the East Foundation will use the Manual and may confer with the Service to implement any long- or short-term activities (e.g., providing food when the ocelots are first released, or water as needed during a drought) that are determined likely to improve ocelot survival and reproduction on the San Antonio Viejo Ranch and the surrounding area and ultimately establish an ocelot population. Any of these practices will support the East Foundation’s overall goal to create a reintroduced ocelot population that is self-sustaining and does not rely upon direct management intervention in the long term. It is not the intent of this Agreement to restrict any ocelot conservation activities undertaken by the East Foundation that are intended to support the establishment of a self-sustaining ocelot population on the San Antonio Viejo Ranch and other participating private lands in the reintroduction area.

The ocelots that are released to the San Antonio Viejo Ranch to create the reintroduced population will be sourced from a breeding program established in South Texas and/or from suitable sources elsewhere within the species’ occupied range, as defined in the Manual developed with the Service and partners. As detailed in the Manual, the breeding program will produce ocelots who are physically, genetically, and behaviorally suitable for reintroduction into the wild at the San Antonio Viejo Ranch.

As recommended by population viability analysis of ocelot reintroduction (Martinez et al. In Review), the East Foundation will seek an initial, first-year release of ocelots plus 10 or more years of supplemental ocelot releases. A supplement release program, in which multiple ocelots are consistently released each year for multiple years following the initial release, is likely necessary for successful ocelot population establishment (Martinez et al. In Review)

A sustained source of ocelots, whether from a breeding facility or other sources, who are suitable for release to the San Antonio Viejo Ranch based on their genetics, behavior, phenotype, or other biological factors (described in the Manual) is not guaranteed. If suitable source ocelots can be procured and the project continues to be deemed beneficial to ocelot recovery by East Foundation and the Service, the East Foundation will support an initial release of ocelots in an initial year as well as 10 or more years of supplement ocelot releases. However, it is not the intent of this Agreement to require the East Foundation to release ocelots in cases where suitable source animals cannot be procured or where continued releases become undesirable due to poor results or unforeseen changes in circumstances negatively impacting the ability to successfully reintroduce ocelots to the area. Ultimately, if a source population of ocelots for reintroduction cannot be secured due to poor performance of the breeding program, or if an ocelot population is deemed unable to successfully establish on the San Antonio Viejo Ranch and surrounding lands in the reintroduction area, the East Foundation and the Service may confer on developing at exit strategy for the reintroduction program. This should include the determination of necessary management actions regarding any ocelots remaining in the reintroduction area, which may remain in the reintroduction area or be captured for translocation into the existing ocelot populations or elsewhere.

Required: Avoidance of Direct Take of Ocelots

In areas of known ocelot occupancy on the San Antonio Viejo Ranch, the East Foundation will not use any nonselective and potentially lethal predator trapping or other control methods, nor will it use snares or leg-hold traps for capturing coyotes, as they could incidentally capture ocelots.

Participating Landowners, prior to implementing nonselective and potentially lethal predator trapping or other control efforts that are otherwise legal, are required to provide at least one week’s notice of the activity to the East Foundation to have protection under this Agreement for the planned activity. Upon notification, the Participating Landowner should provide information on the location, duration, and type of nonselective predator control activities. The East Foundation may then confer with the Service to determine an appropriate management response to any potentially lethal and nonselective predator control practices, which may threaten possible direct take of ocelots.

In cases where lethal, nonselective predator control activities are planned to occur long-term on a participating property, the East Foundation may determine it is necessary to capture, remove, and relocate all ocelots from the property. In this case, Participating Landowners are required to provide the East Foundation with 90 days of property access (or fewer if ocelots are captured before 90 days) before or concurrent to the predator control activities. The East Foundation will attempt to capture ocelots using appropriate permitted methods, and will relocate captured ocelots to other locations in the reintroduction area. During this period, the East Foundation will also monitor ocelots during the Participating Landowner’s predator control activity; provide veterinary care to any injured ocelots; and collect, store, and transport any carcasses.

In cases where East Foundation determines it is not necessary to remove ocelots from the property, as for cases of shorter-term nonselective predator control efforts, the Participating Landowner will be required to either (1) check for captured, injured, or deceased ocelots daily or (2) check for ocelots every other day and provide freshwater in or near any control devices so that any captured ocelots are assured of drinking water between checks.

In any case where a Participating Landowner captures a live ocelot, they must immediately notify the East Foundation. Prior to releasing any live ocelot, the Participating Landowner must allow a veterinary assessment of the ocelot by the East Foundation to determine if the individual needs to be treated for any injury or may be released If an ocelot mortality is observed on a participating property, Participating Landowners should notify the East Foundation immediately.

Required: Ocelot Monitoring

Ocelot monitoring activities include:

• Placing PIT tags and collars (or similar geolocation device) on all ocelots released into the reintroduction site

• Retrieval of all dropped collars or deceased ocelots from participating lands

• On the San Antonio Viejo Ranch and on other participating lands where landowner approval is granted, capturing free-ranging ocelots (using appropriate permitted capture methods) to place collars or PIT tags, collect biological samples, and/or monitor health before releasing the ocelots

• On the San Antonio Viejo Ranch and on other participating lands where landowner approval is granted, monitoring ocelots via cameras

• When determined appropriate on the San Antonio Viejo Ranch and on other participating lands where landowner approval is granted, visiting ocelot dens to monitor reproduction

Once ocelots have begun to be released on the San Antonio Viejo Ranch, all Participating Landowners to the Agreement will be required to contribute to monitoring of reintroduced ocelots (including released animals and their descendants). Participating Landowners must allow the East Foundation access to their properties for retrieval of dropped tracking devices and retrieval of deceased ocelots. Landowners may elect whether or not to also allow the East Foundation access to property for additional monitoring activities, such as camera monitoring, live capture, or den visitation

Monitoring is crucial for the evaluation of the reintroduction program and subsequent design of adaptive management practices. Metrics to be evaluated include the survival of reintroduced ocelots and their behaviors, such as movements and reproduction. East Foundation, with the cooperation of CKWRI and TPWD where necessary, will be responsible for performing monitoring activities described in the Manual and further described in the Biological Monitoring section below. The East Foundation, CKWRI, and TPWD, but not the Service, will hold all ocelot monitoring data. Each Participating Landowner will choose whether or not information about

ocelot presence on their property will be made publicly available (see below for more information).

Monitoring practices that involve handling ocelots or the use of scent-attractants will be conducted by qualified individuals authorized under separate TPWD and Service permits, where necessary. The East Foundation will place PIT-tags and remote tracking devices (e.g., GPS collars) on all ocelots prior to their initial release on the San Antonio Viejo Ranch so they can be tracked remotely. Participating Landowners must provide private land access for retrieval of any dropped collars or of any deceased ocelots who are identified by tracking signals. On the San Antonio Viejo Ranch and on participating lands where landowner approval is granted, the East Foundation will attempt to capture and collar ocelots who are no longer wearing a collar or who are born in the wild and have not yet been collared. East Foundation may also engage in additional monitoring activities – including camera monitoring, live captures for biological sample collection, and den visitation - on the San Antonio Viejo Ranch as needed for ocelot monitoring. At their discretion, Participating Landowners may grant access to the East Foundation to perform these additional monitoring activities on their properties.

Optional Ocelot Conservation Activities

Habitat Management and Protection

A net conservation benefit to ocelots will be delivered by the reintroduction activities alone. However, there are additional optional conservation activities in which East Foundation and Participating Landowners may engage to further benefit ocelot survival and reproduction in the reintroduction area. Implementation of these additional practices may not always be necessary to support ocelots. Thus, these practices are not required by the Agreement. Further, the East Foundation and the Service must acknowledge that the ocelot reintroduction program will be experimental in nature. Thus, this Agreement provides flexibility and discretion to East Foundation scientists and managers so they may implement appropriate habitat management practices for ocelots as needed based on scientific data and adaptive management. The following are possible habitat management practices for ocelots that may be implemented in areas identified as suitable habitat for ocelots. Habitat management practices to benefit the ocelot may include, but are not limited to, those described below.

● East Foundation and Participating Landowners may elect to implement practices for maintaining existing ocelot habitat. Practices for habitat maintenance include, but are not limited to, wildfire mitigation practices and minimizing brush clearing in areas of suitable ocelot habitat

o East Foundation anticipates that wildfire prevention will be the primary habitat maintenance activity for ocelots at the San Antonio Viejo Ranch. Wildfire risk in suitable ocelot habitat may be mitigated by establishing and maintaining firebreaks. Firebreaks reduce the size of potential fire units and they facilitate land access necessary for containing any ignited wildfires. Firebreaks, which often follow existing roadways, fences, rights-of-ways, or other areas of prior disturbance, can be created using mechanical removal of vegetation.

Maintenance of firebreaks may require follow-up using mechanical and/or chemical treatment that reduces any woody shrub encroachment. Prescribed burns in small and contained areas may also be used, as necessary, to reduce fuel load and decrease the risk of catastrophic wildfire

● East Foundation and Participating Landowners may implement habitat restoration activities for ocelots.

o Restoration activities can be used to increase overall availability of ocelot habitat or to strategically connect noncontiguous patches of brush, though ocelots may still move between brush patches if there is intervening cover provided by tall grass, for example. Cooperating landowners can coordinate with the Service, TPWD, or other technical experts for assistance on identifying areas for potential restoration and implementing restoration practices. Restoration practices may include controlling nuisance grass species using chemical or mechanical treatments, planting high densities of native brush seedlings at appropriate restoration sites, protecting those seedlings with tree shelter tubes for several years, and monitoring results (Wahl-Villareal and Dale 2021).

● East Foundation and Participating Landowners may construct supplemental freshwater drinking sources for ocelots, alter existing water structures for ocelot use, and maintain these water sources.

o Construction of new rain capture tanks and water guzzlers may be used to collect and store drinking water for ocelots in selected locations. Additionally, at new or existing water structures, fencing may be constructed around water structures to exclude larger animals, like feral hogs, while still providing water access to ocelots. Existing water structures may also need to be lowered to support ocelot use. Supplemental water sources can ensure ocelots with access to water even in cases of drought. By providing water in otherwise dry areas, they may also encourage extended habitat use by ocelots. Finally, supplement water stations provide opportunities for camera monitoring of ocelots.

● East Foundation or Participating Landowners may pursue predator/competitor control practices targeting bobcats, coyotes, or other species, as necessary.

o It is not presently known whether control of bobcats and coyotes is needed to protect reintroduced ocelots from predation or from competition for either prey or space. When the reintroduction is implemented, research should be conducted on the relationships between reintroduced ocelots and existing bobcat and coyote populations to determine whether control of other mesocarnivore species is warranted to benefit ocelots. If research findings support the need for bobcat or coyote control due to negative impacts from these species on reintroduced ocelots, management of these species, for example through selective aerial or on-the-ground capture and removal, for the benefit of ocelots, will be considered an additional conservation measure.

Other Potential Research Activities to Support Ocelot Reintroduction

East Foundation, with the cooperation of partners as needed, may also pursue other opportunities on the San Antonio Viejo Ranch for additional research in support of ocelot reintroduction. Potential research topics may include, but are not limited to, assessments of ocelot prey and competitor/predator populations. Study of how other carnivores may directly interact with reintroduced ocelots is recommended to investigate the need for predator/competitor control, as explained above. Any research activities that involve direct handling of ocelots will be conducted by qualified individuals authorized under separate TPWD Wildlife Diversity and Service Recovery permits, as appropriate.

Other Participating Landowners may elect to grant East Foundation and its research partners access to property for additional research directly related to ocelot reintroduction, including research on ocelot prey or predators/competitors. However, participation in this Agreement does not require participating properties to grant access to their property for research activities other than monitoring individual ocelot locations. In their Certificates of Inclusion, participating property owners may provide approval for research personnel access to property for additional defined research activities that extend beyond the required ocelot monitoring needs. In all cases where permission for property access is granted, Participating Landowners will be notified in advance regarding the type of research and timing of access.

7. MONITORING, REPORTING, EVALUATION, AND ADAPTIVE MANAGEMENT

The East Foundation will monitor the following conditions and will compile landowner compliance information and ocelot biological data into one report provided annually to the Service by August 31

(1) Compliance Monitoring and Reporting

As the permittee, the East Foundation will be responsible for specified monitoring and annual reporting related to implementation of the Agreement and fulfillment of its provisions. This includes: landowner participation in the Agreement (number of participants, acres enrolled, counties of property location, and conservation activities implemented); any removal of reintroduced ocelots from the San Antonio Viejo Ranch or other participating or nonparticipating properties; or any instances of unexpected ocelot deaths, illnesses, or injuries on participating properties. To protect landowner privacy, the annual report to the Service will not include information about the specific identities and locations of any private properties, other than the East Foundation’s San Antonio Viejo Ranch. Location information should be generalized by referencing land type (participating or non-participating) and county.

(2) Biological Monitoring, Evaluation, and Reporting

Biological data will be collected by the East Foundation and/or research partners to monitor the survival and behavior of released ocelots and their offspring. Biological data (Table 1) will be used to evaluate the reintroduction program’s success in establishing an ocelot population that is surviving and reproducing. All monitoring data will be used to evaluate and revise, as

necessary, the protocols used for releasing ocelots and the management practices supporting ocelots’ establishment and long-term sustainability in the reintroduction area. Additionally, monitoring of released ocelots will provide the opportunity for additional ecological research on ocelots in Texas. The appropriate TPWD and Service permits will be maintained for all monitoring activities, which are fully described in the Manual.

East Foundation (in coordination with CKWRI and TPWD where necessary) will monitor ocelot reintroduction on the San Antonio Viejo Ranch and across properties of other Participating Landowners. Participating Landowners will allow access to their properties for monitoring efforts - to include retrieval of tracking devices and retrieval of deceased ocelots. Landowners may elect to also allow access for additional monitoring activities, such as camera monitoring, live capture, or den visitation. To protect landowner privacy, East Foundation, CKWRI, and TPWD will hold and maintain all ocelot monitoring data. Though the Service may access location data as needed for evaluation of the ocelot recovery program, it will not hold ocelot reintroduction location data, as data held by the Service would be available to the public. Location-specific data regarding ocelot presence on private property will not be made publicly available without approval by the landowner.

Ocelot monitoring activities conducted by East Foundation will be used to assess the following primary factors: individual identity (including age, sex, genetic background), survival/mortality, home range establishment, habitat selection, movements, reproduction, diet, and health status. Individual identification methods, geo-location, camera monitoring, den visitation, and live capture will be the expected methods for monitoring ocelots.

All ocelots initially released to the reintroduction area will be PIT-tagged for individual identification and will be equipped with remote tracking devices (e.g., collars with GPS and/or UHF capabilities). These devices will allow for tracking of ocelot movements and survival upon release. In the case where a collar indicates an ocelot is deceased, it will be collected and necropsied by qualified, authorized East Foundation, TWPD, CKWRI or Service veterinarians or biologists working under appropriate permits to determine cause of death. Additional monitoring activities will be used where tracking devices either do not provide the necessary data (e.g., biological sample collection) or are not in use (e.g., collar has dropped off or a new individual is born in the wild).

Camera monitoring will be used on San Antonio Viejo Ranch to periodically monitor animals who are not collared (because they have dropped the collar, or they were born in the wild and are not yet collared). Camera traps (or similar technology) will also be established on participating lands where/when necessary and approved by the Participating Landowners PIT tags and natural coat patterns may be used for individual animal recognition in the case where an animal is photographed, captured, or deceased. As needed, East Foundation and/or its research partners will conduct live capture of ocelots using permitted methods to place collars and/or PIT tags (for individuals who have dropped collars or for new recruits born in the wild), to monitor health condition, or to collect biological samples. Live capture may occur on other participating properties where landowner approval is granted in the Certificate of Inclusion.

The East Foundation may conduct den visitation for monitoring reproduction, as necessary, on the San Antonio Viejo Ranch, and on other properties if landowner approval is granted. East Foundation and/or its research partners will conduct all ocelot monitoring activities in accordance with established ocelot reintroduction monitoring protocols and with appropriate TPWD and Service permits.

Finally, small mammal and carnivore populations on San Antonio Viejo or participating properties may continue to be monitored. Small mammal live trapping may be used to study prey availability while co-occurring predators (bobcats and coyotes) may be monitored with cameras or may be captured and equipped with geo-location devices to document home ranges, movements, and space use before and after ocelot reintroduction. Camera monitoring, live trapping, and collaring of bobcats and coyotes congruent to ocelot monitoring will allow assessment of how these carnivores may impact reintroduced ocelots.

By August 31 of each year, East Foundation will provide the Service an annual report with a summary of biological data derived from ocelot monitoring during the reintroduction program. The East Foundation will also establish twice annual meetings with the Service to verbally present this data and discuss the overall progress of the ocelot reintroduction program. Reporting will include data on all ocelot releases that year, including the timing and location of releases plus the number, genetic background, and individual identity of released individuals. The report will also include the total population size at the reintroduction site plus the status of all released ocelots and their offspring in the reintroduction area - including survival or reason for death, any relocation or intervention by managers, movement and reproductive behaviors, and health condition (if known). The East Foundation will not disclose any private property information in its reporting but will report the category of individual ocelots’ locations –including county of occurrence and presence on the San Antonio Viejo Ranch, a participating property, or a non-participating property within 50 kilometers (31 miles).

Table 1. Biological data to be collected during monitoring of ocelot reintroduction.

Individual ocelot diet

Prey choice Camera, live trapping (scat collection)

Individual ocelot health Body condition, disease, injury Camera, live trapping Prey populations

Abundances of small mammals or other prey items Live trapping (where/when method is available)

Competitor/predator populations

Behaviors of bobcats, coyotes Tracking collar, camera live trapping (where/when method is available)

(2a) Biological monitoring data retention

To address possible Participating Landowner concerns about confidentiality, all biological monitoring data regarding the presence and behaviors of ocelots on specific participating properties will be held by East Foundation, CKWRI and TPWD. Location-specific ocelot data will not be held by the Service and it will not be disclosed to the public by the East Foundation, CKWRI, or TPWD without landowner permission. The East Foundation and partners will make ocelot reintroduction information publicly available only in a manner that is generalized such that it does not identify the specific location of private properties without landowner consent.

Participating properties may submit a TPWD Landowner Permission for Wildlife Research and Investigation form and select either “release of location specific information” or “release of non-location specific information” to either grant authority for public availability of property information as it relates to ocelot reintroduction to elect property confidentiality. Pursuant to Section 12.103 of the Texas Parks and Wildlife Code, a Participating Landowner electing nonlocation specific release of information chooses not to authorize the release of information in any manner that will allow the identification of their specific private property. East Foundation, TPWD, and CKWRI will withhold confidential information about private properties (including any ocelot locations) from any open records request received under the Texas Public Information Act to protect landowner privacy where requested. East Foundation and partners may release general biological data such as the number of ocelots in the reintroduction area. However, this may only be done in a manner that does not incidentally reveal a landowner’s participation in the reintroduction program or the specific location of ocelots in relation to a participating property. While open-records requests may be filed by some from outside the program, any information identifying landowners, their properties, or the location of ocelot observations will be withheld.

The Service will not hold property-specific ocelot location data, even in cases where Service staff may assist with collection or analysis of biological data. Though the Service may access location data, the Service will not hold any information regarding ocelot presence on specific private lands enrolled in this Agreement that it would be required to disclose under the Federal Freedom of Information Act.

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(3) Adaptive management

Neither the East Foundation nor Participating Landowners are subject to any additional required conservation measures or additional land, water, or resource use restrictions, beyond those conservation activities agreed to and described above, to mitigate or compensate for changes in the conditions or circumstances of any species or ecosystem, natural community, or habitat covered by the Agreement, as stipulated by 50 CFR 17.22 (c)(5) and 17.32(c)(5). With that, to improve the success of the ocelot reintroduction program, the East Foundation will use biological monitoring data to inform adaptive management of the ocelot breeding program and of ocelot reintroduction, monitoring, and other conservation activities implemented under this Agreement. The East Foundation will work with the Service to determine what adaptive management practices are within the scope of the East Foundation’s responsibilities under this Agreement and may be needed to improve program success. When factors that negatively impact ocelot survival, establishment in the reintroduction area, and/or reproduction are identified, the East Foundation and the Service should confer to develop and implement possible adaptive management practices that address any such factors that are within the control of the East Foundation.

The fate of each ocelot after release at the reintroduction area will be monitored. Poor survival of reintroduced ocelots, or their offspring, in the reintroduction area may occur due to a variety of ecological, environmental, or human factors. The cause of injury, illness, or death for any ocelot in the reintroduction area should be determined, when possible Possible situations that may negatively impact ocelot reintroduction and/or monitoring and thus require adaptive management may include: disease, negative interactions with predator or competitor species, behavioral maladaptation (poor hunting ability, predator avoidance, dispersal from the reintroduction area, etc.), drought or other harsh environmental conditions, vehicle strikes, genetic issues, landowner ocelot removal requests, or failure of monitoring methods. Possible responses to these situations (Table 2) may be applied at the breeding facility or may be applied by the East Foundation during the release of ocelots and the subsequent management of released ocelots and their habitat. Any response to a factor negatively impacting ocelot reintroduction should support the overall goal of establishing a self-sustaining ocelot population at the reintroduction area, and any new management responses should be included in a revised version of the Manual for Ocelot Breeding and Reintroduction.

Additionally, the East Foundation and the Service should confer to develop adaptive management of the overall release strategy given the outcomes of the reintroduction program Based on continued monitoring of individual ocelots and population modeling, the East Foundation and the Service should periodically reevaluate the release program, including factors such as how many ocelots to release at a time, the frequency of releases, the ages and sexes of released individuals, and the number of years to continue releases, for example Release strategies may be adapted but will be subject to constraints on the number of ocelots available for reintroduction.

Table 2. Summary of situations that may affect ocelot survival, establishment, and/or reproduction at the reintroduction area and thus may be targeted for possible adaptive management of the breeding program or conservation activities described in this Agreement. Situation Description Possible East Foundation Responses

Disease Infection with unanticipated diseases leads to illnesses or death

Predation Observed mortalities or injuries due to bobcats, coyotes, rattlesnakes, or other species

Intraspecific aggression Observed mortality or injury due to interaction with other ocelots

Inadequate hunting ability

Failure to catch and eat live prey leads to declines in body condition and possible starvation

Habituation to humans Ocelots pursue contact with humans or human infrastructure

Dispersal Released ocelots disperse from identified habitat at the reintroduction area

Vehicle strikes Observed use of roadways and/or mortalities or injuries due to roadways amongst released or established ocelots, or their offspring

Drought or other harsh environmental conditions

Genetic background

Drought, wildfire, heat, cold, or other conditions reduce food, water, and/or cover for ocelots

Genetic defects, reduced diversity, or maladaptation

Removal requests Landowner requests removal of ocelots from a property,

• Breeding Facility: alter preventative medicine

• Reintroduction area: treat diseased ocelots in need of care

• Breeding Facility: alter behavioral training

• Reintroduction area: control predator numbers or distribution; treat injured ocelots in need of care

• Breeding Facility: alter behavior training

• During releases: alter location or timing of releases to avoid intraspecies contact

• Reintroduction area: treat injured ocelots in need of care

• Breeding Facility: alter hunting training

• Reintroduction area: provide supplement food, treat ocelots with poor body condition

• Breeding Facility: alter behavioral training

• During releases: alter release methods to encourage ocelot site fidelity

• Breeding Facility: alter behavioral training

• During releases: alter location

• Reintroduction area: create vehicle collision avoidance mechanisms

• During releases: alter timing to avoid releasing ocelots in stressful times

• Reintroduction area: provide supplement resources

• Breeding Facility: alter genetic management plan

• Reintroduction area: capture and removal of ocelots, with relocation to

Failure of monitoring methods

including as part of a request to return to baseline

Proper data cannot be collected or methods cause negative impact to ocelots

8. RETURN TO BASELINE

other location to be determined by East Foundation and the Service

• Reintroduction area: revise monitoring methods

The provisions of this Agreement allow East Foundation and any Participating Landowner who has complied with the Agreement to return the enrolled lands back to a baseline of zero ocelots after coordination with the Service, though deliberate take of ocelots to return to baseline is prohibited. The East Foundation will report to the Service any instances of a Participating Landowner’s request to return to baseline and any associated capture, removal, and/or translocation of ocelots from the reintroduction area.

A return to baseline may occur at any time before the expiration date of the Permit associated with this Agreement. Before the permit expires, the East Foundation is authorized to return the San Antonio Viejo Ranch to the zero-ocelot baseline by (in cooperation with partners, as needed) attempting to capture and remove ocelots for relocation or transportation elsewhere as determined through coordination with the Service. Similarly, a Participating Landowner who has fulfilled their responsibilities in the Agreement may also request a return to baseline before the expiration of the Permit so long as the landowner provides the East Foundation with a 30day notice of the intent to return to baseline followed by 90 days to access the property and attempt to capture, remove, and relocate any ocelots present on the property using appropriate permitted capture methods. Removal of all ocelots cannot be guaranteed, and if any ocelot is irretrievable, the Service will consider that individual to be incidentally taken under East Foundation’s Permit. Except as authorized through another permitting process under the Act, deliberate take of ocelots to return to baseline is prohibited.

If the Agreement reaches the end of its term and is not renewed, both the Agreement and its enhancement of survival permit and incidental take coverage will expire. If the Agreement will not be renewed and a landowner wants to avoid future incidental take restrictions on ocelots, then prior to the expiration of the permit, the landowner may elect to return a property to the baseline of zero ocelots However, any election not to renew the Agreement, does not reflect a request to return to baseline absent direct communication by East Foundation of this intent.

A Participating Landowner that, for circumstances out of the landowner’s control, needs to terminate the voluntary management actions that he or she agreed to under the Agreement can terminate participation in the Agreement prior to the expiration of the Agreement and associated permit. When terminating the Agreement, the landowner may return the land to baseline conditions even if the expected ‘net conservation benefits’ have not yet been realized. For example, if, due to unanticipated circumstances, the Participating Landowner needs to generate income to deal with a family emergency, the landowner has the option of terminating the Agreement with the Service to use his or her land, water, and/or natural resources to deal

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with the emergency. Similarly, upon sale of a participating property, a new owner may elect not to continue their participating in the Agreement and may withdraw.

A landowner who withdraws from the Agreement becomes a non-participating landowner. At the time of withdrawal, landowners may request a return to baseline. However, withdrawal from the Agreement itself does not constitute a request for return to the zero-ocelot baseline; withdrawn landowners can continue to support ocelots on their property as non-participating landowners who receive incidental take coverage through the Intra-Service section 7 consultation. If a withdrawing landowner does request a return to baseline, they must provide the East Foundation with a 30-day notice of the intent to return to baseline followed by 90 days to access the property and attempt to capture, remove, and relocate any ocelots present on the property using appropriate permitted capture methods.

It is considered unlikely that many, if any, participating or non-participating landowners would ever request a removal of ocelots from the property. Most participants in Safe Harbor Agreements remain committed to these programs, and very few choose to return to baseline. In the case of the ocelot, landowners may not even be aware that an ocelot is present on their property because of ocelots’ elusive nature; they are active mostly at dawn, dusk, and overnight and are often present in thick brush where they cannot be seen. Likewise, ocelots are not expected to cause any human-wildlife conflict or livestock depredation that would necessitate their removal. Further, the persistence of an ocelot population once established would likely not require specific management activities for ocelots. In Texas, ranching activities are generally compatible with ocelot conservation; the larger of Texas’s two known ocelot populations is found on private working ranchlands in Willacy, Kenedy, and Kleberg Counties. Since ranching is the primary use for the lands in the reintroduction area, and presuming such activities continue and ocelot habitat persists, properties enrolled under this Agreement are likely to continue supporting ocelots at no cost to the Participating Landowner.

If during the Agreement a Participating Landowner does intend to change the property’s primary use from ranching to some other use, such as cultivated agriculture or intensive energy development, it is possible that the conversion may make the property unsuitable for ocelots and would cause the property to return to the baseline of zero ocelots. Before carrying out a major land conversion activity that changes the property’s primary land use and would reasonably be anticipated to cause a return to baseline, Participating Landowners must provide at least a 30-day prior notice of the activity to the East Foundation. The East Foundation may then confer with the Service to determine if it is appropriate to remove ocelots from the property prior to the land conversion. This determination should be based on factors such as ocelot ecology, known ocelot locations, the proposed land conversion impacts, or other factors. Should the East Foundation determine it is necessary to remove ocelots from the property, the Participating Landowner will provide the East Foundation with 90 days before or concurrent to the land conversion activity to enter the property and attempt to capture, remove, and relocate any ocelots on the property using appropriate permitted capture methods.

Minor habitat modifications occurring due to routine land uses on participating properties, such as clearing rights-of-way, ranch road construction, or vegetation management, are not expected to significantly impact ocelot persistence on a participating property and will not require the removal of ocelots from a participating property. As such, these modificationswhich do not represent conversion of the property’s primary land use - do not need to be reported to the East Foundation.

In all cases, in circumstances in which a return to baseline is pursued but not all ocelots present on a property can be captured after 90 days of attempted capture and removal, the landowner requesting or anticipating return to baseline is considered to have returned to a zero baseline. So long as landowners provide the required 30-day prior notice of the land conversion activity and provide the East Foundation with the opportunity to capture and remove ocelots for 90 days, landowners will not be subject to incidental take liability resulting from the land conversion activities that are anticipated to cause a return to baseline.

Prior to any removal of ocelots from the reintroduction area, the East Foundation will determine where to relocate captured individuals – whether it be at another location in the reintroduction area, back to the ocelot breeding facility in Texas, or elsewhere. The East Foundation will follow the most up-to-date guidance and protocols developed in the Manual for Ocelot Breeding and Reintroduction and it will confer with the Service on the methods to remove and relocate any removed ocelots.

9. ANTICIPATED EFFECTS

Level/Type of Take/Impacts

The cumulative conservation measures implemented by the East Foundation and other Participating Landowners to release ocelots on the San Antonio Viejo Ranch and support their establishment on San Antonio Viejo and surrounding private lands, in addition to any efforts they undertake to minimize negative effects of authorized incidental take of ocelots, are expected to outweigh any possible threats to ocelots or negative impacts to ocelots or ocelot habitat in the reintroduction area. It is expected that this Agreement will provide an overall net conservation benefit to ocelots by establishing an ocelot population in the reintroduction area that would not otherwise occur there. Establishment of this population will support recovery of the ocelot.

Vehicle mortality is an existing direct threat to ocelots in Texas (Blackburn et al. 2021). The risk of vehicle collisions on ranches is low due to slow ranch speed limits, low traffic volume, and ocelots’ mostly nocturnal behavior. The threat of mortality on public roads outside of ranches would still exist in and around the reintroduction area (and likely any lands in Texas). However, this risk is expected to be lower for the reintroduction population than for existing ocelot populations due to lower road densities and vehicle traffic in the reintroduction area compared to areas occupied by existing ocelot populations in Texas. Public roads near the reintroduction area include Farm-to-Market Roads 2686, 649, and 1017. Farm-to-Market 2686 is near the southern boundary of the San Antonio Viejo Ranch and Farm-to-Market 649 is at the western

edge. Ocelots attempting to disperse from the San Antonio Viejo Ranch could be threatened by these roadways, though they are mostly low-traffic volume roads in a largely rural area. Cooperation with local authorities or the Texas Department of Transportation to reduce speed limits on public roads, place wildlife crossing notice signs, or construct wildlife crossing structures may be pursued to further reduce the risks to ocelots of roadway morality.

Next, while habitat loss historically contributed to ocelot declines, large-scale habitat destruction/modification is not expected to be a threat to ocelots at the San Antonio Viejo Ranch and surrounding area. This area is composed of rural ranchlands and is not projected to be subject to urban development that would destroy habitat (U.S. EPA 2010). Further, the East Foundation’s San Antonio Viejo Ranch by charter must remain a working ranch in perpetuity that will be conserved as wildlife habitat, meaning ocelot habitat will be maintained there. Land conversion is not expected at a landscape scale.

Only small amounts of habitat on the San Antonio Viejo Ranch or other participating properties are anticipated to be subject to modification from practices like ocelot reintroduction activities or otherwise routine, legal ranching or energy activities. Construction of ocelot soft release facilities plus their associated management and monitoring may require a small amount of habitat destruction to clear space for fencing of enclosures, for example. Protecting ocelot habitat from wildfire may also require creating firebreaks via mechanical treatment or prescribe burn. While this will remove some small areas of habitat, it will mitigate the overall risk of major wildfire. Meanwhile, ranching and energy activities like cattle grazing, building infrastructure (fences, roads, working pens, fire-breaks, water wells, rights-of-way for energy transmission lines, for example), and maintaining infrastructure may also have small impacts on habitat by impacting or removing small areas of brush or other vegetation. Finally, rangeland management practices– including herbicide treatments, mechanical clearing for rights-of-ways, prescribed burns, and wildfire prevention – may also be used to clear some areas of brush to benefit cattle grazing. However, significant negative impacts to ocelots from these activities are not expected since the overall amount of habitat impacted will be small and because the ocelot population on the East Foundation’s El Sauz Ranch is exposed to similar ranch management activities without evidence of negative impacts. It is unlikely that ranching or energy activities conducted by Participating Landowners in the reintroduction area will reduce the ability of ocelots to establish and persist there.

The East Foundation will be able to identify areas of ocelot occupancy by using ocelot location data from camera or collar monitoring. To minimize potential negative impacts to ocelots caused by otherwise legal and routine ranching or conservation activities that may impact small areas of habitats, the East Foundation will consider ocelot location information, such as occupied territories and den sites, for example, to avoid implementing practices in or near occupied ocelot habitat that could cause negative impacts to ocelots.

Threats to ocelots on the covered lands may also include possible predation or competition. Ocelots are known to co-occur with bobcats and coyotes on lands occupied by the Ranch and Refuge Populations in Texas, and these species can avoid each other over time and space

(Lombardi et al. 2020). However, reintroduced ocelots sourced from a captive-bred population may be naïve to threats from species like coyotes, bobcats, or rattlesnakes. Bobcat and coyote densities are not currently known at the San Antonio Viejo Ranch or at other locations in Texas where ocelots are present. It is not yet known what threats other species will impose on reintroduced ocelots or what population densities of other species could prove threatening to reintroduced ocelots.

On the East Foundation San Antonio Viejo Ranch, legal and permitted trapping or killing of coyotes for research or for predator management may occur if it is determined that this will benefit reintroduced ocelots. On the San Antonio Viejo Ranch, coyotes or other predators will only be captured through live-trapping or selective aerial net-gunning, and they will only be killed by direct means of selective shooting or selective aerial gunning. Snares and leg-hold traps for coyotes will not be used in areas of known ocelot occupancy to further avoid any impacts to ocelots. Use of these selective practices will avoid any direct impact to ocelots. Participating Landowners should notify the East Foundation one week prior to any nonselective lethal predator trapping practices. This provides the East Foundation the opportunity to determine whether it may be necessary either to enter the property to capture and remove ocelots present on the property during the predator control activity and to monitor those activities, or to require that Participating Landowners check for daily or provide water at any predator capture devices that are checked every other day

Due to the lack of permanent naturally occurring surface water, recurring drought poses a threat to ocelots across the San Antonio Viejo Ranch and surrounding properties. While drought is unavoidable, this threat will be mitigated by the existence of well-distributed water sources (including rainwater guzzlers, drinking troughs, and reservoirs adjacent to well sites that were previously constructed for wildlife and for cattle) throughout the San Antonio Viejo Ranch. These water sources can be modified, as needed, to make them more available for ocelot use. Additionally, new water sources can be created.

Finally, negative impacts to ocelots could also occur through conservation activities related to ocelot reintroduction and monitoring. Ocelots could be harmed during transportation to the San Antonio Viejo Ranch; during maintenance in the soft release enclosures; or during captures, sedation, collaring, sample collection, veterinary treatment, or other handling occurring during monitoring activities. The possibility of these impacts occurring will be minimized by following established, State and Federal permit protocols for ocelot reintroduction and monitoring. Additionally, experienced wildlife veterinarians will be involved in the reintroduction and monitoring programs to manage any possible health risks to ocelots.

Proposed Authorized Take

The activities covered under this Agreement may result in incidental take of the ocelot or may otherwise impact the ocelot population established under this Agreement. The San Antonio Viejo Ranch and other neighboring lands are working cattle ranches. Activities on these properties include normal ranch management activities, such as cattle grazing; development

and maintenance of ranch infrastructure to manage livestock; activities related to nature tourism, hunting, and recreation; and wildlife research and management. Additionally, Participating Landowners or the subsurface owners of participating lands may engage in a suite of activities to support the creation, exploration, inspection, or transmission of solar, wind, oil and gas, or other energy sources. Incidental take resulting from ranch management activities is expected to be minimal and will likely only consist of modifying small amounts of habitat. Ranching is generally compatible with ocelot conservation; the Ranch Ocelot Population, which is found on private working ranchlands such as the East Foundation’s El Sauz cattle ranch, is the largest known ocelot population in Texas. Further, low traffic levels combined with low speed limits on ranch roads means that the risk of ocelot mortality due to vehicle strikes is low.

In cases where a Participating Landowner is planning a major land conversion activity that will change the property’s primary land use from ranching to some other activity and the planned conversion is likely to modify or remove large amounts of ocelot habitat, the Participating Landowner must provide the East Foundation with a 30-day notice of the planned land conversion as well as the opportunity to, if determined by the East Foundation to be necessary, access the property for 90 days to capture and relocate ocelots present on the property. Additionally, if a Participating Landowner intends to conduct nonselective and potentially lethal predator control practices, such as trapping, that could directly take ocelots, the Participating Landowner must provide the East Foundation with a one-week notice of the activities to allow East Foundation to determine whether it should monitor the activity and attempt to remove ocelots from the property during the activity, or if Participating Landowners must either check for impacted ocelots daily or check every other day but provide drinking water at any capture devices to reduce the risk of an ocelot mortality due to overheating or lack of water. Per this Agreement, predator control activities or significant land conversion activities that may be expected to result in take of an ocelot should not be carried out until providing advance notice to the East Foundation and, if necessary, providing the East Foundation with the opportunity to attempt to capture and remove ocelots from the area to be impacted.

The East Foundation and the Service recognize that the low anticipated levels of negative impacts to ocelots are consistent with the overall goal of providing a net conservation benefit to the species on the enrolled properties. The maximum number of individuals that can be taken pursuant to this Agreement will be all individuals above the zero baseline. Thus, the net impact of the take authorized under this program is a return to zero baseline which therefore would not negatively impact the species. Any incidental take under this Agreement, including the take related to a return to baseline, must occur before the end of the 30-year permit term or other term established in a renewal of the Agreement.

Conservation Benefits to the Species

This Agreement meets the Safe Harbor Agreement standard for net conservation benefit, which are the cumulative benefits to the ocelot minus the impacts of any incidental take allowed by the Enhancement of Survival Permit (64 FR 32717). The net conservation benefits delivered from this Agreement are sufficient to contribute to recovery of the ocelot by supporting

multiple recovery actions identified in the current Recovery Plan. First, the conservation activities identified in this Agreement – including releasing ocelots in the reintroduction area, supporting their survival and reproduction there, and monitoring them – support the recovery action to establish a new population of free-ranging ocelots in Texas (U.S. Fish and Wildlife Service 2016). Under this Agreement, ocelot releases will take place within suitable but unoccupied ocelot habitat on the private San Antonio Viejo Ranch, owned by the East Foundation, so that ocelots may establish on the San Antonio Viejo Ranch and other surrounding private properties. This area currently has no ocelot population, and ocelots from existing populations in Texas have not dispersed there on their own. The reestablishment of ocelots in this area can only occur through a reintroduction program implemented on private lands and authorized by this Agreement. A successful ocelot reintroduction program at San Antonio Viejo Ranch and surrounding area will increase the number of wild ocelots in Texas, contributing to the Ocelot Recovery Plan’s goals to reach 200 ocelots in Texas (U.S. Fish and Wildlife Service 2016). Further, reintroduction will increase ocelots’ genetic diversity in Texas, expand ocelots’ occupied range in the state, and provide a safeguard against extirpation of ocelots in the U.S. in case of a catastrophic event impacting the small existing populations.

The conservation activities and benefits described above directly support ocelot recovery on the ground. In addition to these benefits, this Agreement will also allow the Service to address several recovery actions for the ocelot related to assuring the “long-term success of ocelot conservation through partnerships, landowner incentives, community involvement, application of regulations, and public education and outreach” (U.S. Fish and Wildlife Service 2016). It has long been recognized that private lands are crucial to not just the recovery of ocelots in Texas but to their continued existence in the state (Haines et al. 2006). The Service recognizes that “overcoming the perception that endangered species may be a liability on private lands is a significant challenge” regarding the conservation of ocelots in Texas (U.S. Fish and Wildlife Service 2016). Through this private landowner-led Agreement, the Service can foster effective partnerships with private landowners to promote ocelot conservation. These partnerships could serve as a model for future relationships with other private landowners who are interested in participating in the recovery of ocelots, or other listed species. If the ocelot reintroduction program at San Antonio Viejo Ranch and surrounding properties proves successful for both ocelots and Participating Landowners, it may even create a path forward for possible additional ocelot reintroductions in other areas in Texas. This would continue to increase ocelot population size and occupied range in Texas.

Finally, monitoring and research activities associated with the reintroduction program will provide an important opportunity to expand knowledge of ocelots and ocelot conservation in Texas. First, monitoring of release practices for ocelots may inform future techniques that may be used to reintroduce additional ocelot populations in Texas or to translocate ocelots from Mexico into Texas. Such translocation efforts may be beneficial because they would introduce new genetic diversity to genetically depressed existing ocelot populations in Texas. Next, the ocelot is an elusive species whose ecology is often difficult to study. The Ocelot Recovery Plan identifies specific recovery action to “study ocelot dispersal behavior” and to “refine knowledge of ocelot food habits and predator-prey relationships” (U.S. Fish and Wildlife Service 2016). All

ocelots released in the reintroduction program will be tracked remotely with GPS collars or similar technology and a camera trapping network will be established at the East Foundation’s San Antonio Viejo Ranch. Monitoring of ocelots in the reintroduction area, including study of metrics such as habitat use and relationships with prey and predators/competitors are expected to provide beneficial information for future ocelot recovery actions, including management practices in areas currently occupied by ocelots.

10. IMPLEMENTATION

Responsibilities of the Parties

East Foundation (Permittee) Responsibilities

● Upon execution of the Agreement and satisfaction of all other applicable legal requirements, the East Foundation will hold the Permit authorizing both reintroduction of ocelots as well as incidental take of reintroduced ocelots as a result of lawful activities occurring on properties enrolled under this Agreement for ocelot reintroduction. The Permit term will be 30 years.

● Conduct ocelot reintroduction and monitoring on the San Antonio Viejo Ranch, in compliance with other applicable State and Federal permits, to provide a conservation benefit to the ocelot.

● Coordinate with other landowners near the San Antonio Viejo Ranch and within eligible lands to enroll them in the Agreement through Certificates of Inclusion. This will provide landowners the opportunity to voluntarily participate in conservation activities to support ocelot reintroduction and will provide incidental take coverage of reintroduced ocelots if/when ocelots from the reintroduced population disperse to the participating properties

● Coordinate with Participating Landowners to perform required ocelot monitoring on participating lands. Assist as appropriate with any other voluntary conservation activities for the ocelot that a Participating Landowner authorizes.

● Address concerns of non-participating landowners by communicating that incidental take coverage of reintroduced ocelots or their descendants will be provided for nonparticipating landowners within 50 kilometers (31 miles) of the San Antonio Viejo Ranch.

● Conduct, in coordination with CKWRI or TPWD as needed and in compliance with other applicable State and Federal permits, removal of ocelots from any non-participating properties when requested by the landowner. Also conduct removal of ocelots from participating properties if participants request a return to the baseline of zero ocelots. Participating Landowner requests for return to baseline are not anticipated. East Foundation will report to the Service the removal of any ocelots from the wild.

● Communicate with Participating Landowners about any planned nonselective, lethal predator control effort on a property and conduct monitoring of ocelots during the effort or removal of ocelots prior/concurrent to the efforts.

● Communicate with Participating Landowners about any planned primary land use conversion on the property that may effectively cause a return to baseline of zero ocelots on the property and thus may necessitate relocation of ocelots by the East Foundation prior/concurrent to the planned activities.

● Hold, in conjunction with CKWRI and TPWD, all ocelot location data. Do not publicly disclose private property-specific information relating to ocelot locations or participation in this Agreement without landowner approval. Public disclosure of ocelot location data will be generalized, such as describing the counties where ocelots are present and whether they are on participating or non-participating properties. The Service may access ocelot location data but will not hold ocelot location data that could disclose the identity of specific private properties.

● Monitor compliance with the Agreement through annual communication with Participating Landowners about conservation activities on the participating properties.

● Provide annual report to the Service by August 31 detailing biological monitoring data on reintroduced ocelots and on landowner participation and compliance. Report how Agreement is being implemented across participating lands and results of conservation activities on such lands. Report landowner information to the Service in a generalized manner without specifying specific private properties. Establish a twice annual meeting with the Service to verbally discuss monitoring data and program progress.

● Annually schedule an opportunity for the Service to access the San Antonio Viejo Ranch during the second quarter of the calendar year for the purpose of reviewing compliance with the terms of this agreement. East Foundation will provide the Service with 30-day written notice prior to the date of scheduled access.

Participating Landowner Responsibilities

● Sign a Certificate of Inclusion enrolling the identified property under this Agreement for the remaining duration of the Agreement and identify intended conservation activities to be undertaken for the benefit of the ocelot. At a minimum, enrolled landowners will (1) allow reintroduced ocelots to disperse onto their property and (2) allow property access to the East Foundation or its designees (under proper permits) for the purposes of monitoring reintroduced ocelots, retrieving dropped tracking devices, or collecting deceased ocelots.

● As desired, authorize in the Certificate of Inclusion any additional voluntary conservation activities on the private landholding to benefit the ocelot, including additional ocelot monitoring, other research activities related to ocelot reintroduction, or habitat management. Work cooperatively with the East Foundation or other partners as necessary to implement any desired activities

● Sign up for the TPWD Private Lands Assistance and Technical Guidance program and elect whether information about the specific location of private property and any ocelot presence there may be publicly disclosed or must be kept private.

● Provide at least one week of notice to the East Foundation prior to implementing any planned nonselective and potentially lethal predator control activities that may reasonably be anticipated to result in the direct take of ocelots. The East Foundation, if necessary, may attempt to capture and remove any ocelots prior to or during the activity using appropriate permitted capture methods. Alternatively, East Foundation may require the Participating Landowner to check daily for ocelots during the predator control activity or check every other day and provide freshwater at any capture devices

● Immediately notify the East Foundation of any observations of dead, ill, or injured ocelots on the property that may result from conservation activities or other lawful activities. Provide the East Foundation with 30 days of property access to attempt to capture and treat ill or injured ocelots

● Provide 30 days’ notice to the East Foundation prior to any planned, primary land use conversion from ranching to another land use that may reasonably be expected to result in the property’s return to a baseline of zero ocelots. If determined necessary by the East Foundation, provide 90 days of property access prior/concurrent to the land conversion for capture and removal of ocelots present on the property, using appropriate permitted capture methods

● Communicate with the East Foundation annually on compliance with the Agreement, including description of which conservation activities were implemented

● Notify the East Foundation within 30 days of any transfer of ownership so that the East Foundation can attempt to contact the new owner, explain the Agreement and related Certificate of Inclusion, and invite the new owner to continue the existing Certificate of Inclusion or develop a new one that would benefit the ocelot on the enrolled lands. Enrollment of lands does not constitute an encumbrance if the participant sells or transfers these same lands, since a participate may withdraw from the Agreement at any time.

● Upon 30-day written notice, allow property access by the East Foundation for the purposes of compliance monitoring.

TPWD Responsibilities

● Provide operational support for conservation activities (including ocelot reintroduction, monitoring, habitat management, and additional research) under proper permits as requested by the East Foundation or Participating Landowners.

● Hold ocelot monitoring data in coordination with East Foundation and CKWRI and protect private landowner privacy as requested by Participating Landowners.

Service Responsibilities

● Provide technical assistance, as requested by the East Foundation.

● Although noncompliance with the Agreement is not expected, provide enforcement duties when requested by the East Foundation. These may include possible suspensions of portions of Participating Landowners’ Certificates of Inclusions.

● Upon execution of the Agreement and satisfaction of all other applicable legal requirements, the Service will issue an Enhancement of Survival Permit to the East Foundation in accordance with the Act’s section 10(a)(1)(A) authorizing take of the covered species as a result of lawful activities within the enrolled properties. The term of the Permit will be 30 years.

● Attend twice-annual meetings with the East Foundation, including at least one annual site visit to the San Antonio Viejo Ranch, to discuss program monitoring data and program progress and to conduct compliance review

Duration and Renewal of the Agreement and Permit

The Agreement will be in effect for duration of 30 years following its approval and signing by the Parties. The section 10(a)(1)(A) Enhancement of Survival Permit authorizing incidental take of the species will have a term of 30 years from the effective date of the Permit. All Certificates of Inclusion are valid throughout the lifetime of the Agreement until the expiration date of the Permit. Thirty years likely covers the full lifespans of two to three generations of ocelots, and was the period evaluated under a population viability assessment of reintroduction

The Permit, Agreement, and Certificates of Inclusion may be renewed for an additional 30 years (or other period) beyond the specified terms upon agreement of the Parties. Renewal of the Agreement and its associated Permit will renew the incidental take coverage of ocelots in the reintroduced population for the renewed Permit term. Prior to renewal, the Agreement should be analyzed to evaluate the need for any revisions that may benefit the ocelot reintroduction program and/or the experience of Participating Landowners based on program performance and any changes found to be needed through adaptive management. For example, the intent of this Agreement is to create a self-sustaining ocelot population after 30 years that no longer needs the support outlined in this Agreement, including the release of captive-bred or other source ocelots into the reintroduction area. After 30 years, the Agreement may be amended and renewed to continue to provide incidental take coverage and a zero-ocelot baseline to Participating Landowners, while only requiring that landowners continue minimal measures, if necessary, to support a self-sustaining population of ocelots, such as providing their lands as habitat for the reintroduced population, continuing emergency measures to help the population during stressful times like a drought, or continued monitoring.

Availability of Funds

Implementation of this programmatic Agreement is subject to the requirements of the AntiDeficiency Act and the availability of appropriated funds. Nothing in this Agreement will be construed by the Parties to require the obligation, appropriation, or expenditure of any funds from the U.S. Treasury. The Parties acknowledge that the Service will not be required under this Agreement to expend any Federal agency’s appropriated funds unless and until an authorized official of that agency affirmatively acts to commit to such expenditures as evidenced in writing.

Notices and Reports

Any notices and reports, including monitoring and annual reports, required by this Agreement shall be delivered to the persons listed below, as appropriate:

Field Supervisor

Texas Coastal Ecological Services Field Office Reports will be due August 31 of each year, and copies will be made available to all Parties.

Assurances Provided to enrolled Property Owners in Case of Changed or Unforeseen Circumstances

Changed circumstances are those changes that may impact ocelots within the participating lands and may reasonably be anticipated before they arise and for which contingency plans can be made. Environmental events outside of the control of the East Foundation and Participating Landowners such as wildfires, droughts, or disease outbreaks, may arise but are considered unforeseen circumstances. These events may also impact the ocelot reintroduction program supported by this Agreement through negative impacts to quality or quantity of ocelot habitat or prey. Environmental events may also cause direct injury, illness, or mortality in ocelots.

The East Foundation and Participating Landowners are assured that they are not subject to any additional conservation measures or additional land, water, or resource use restrictions, beyond those voluntarily agreed to in this Agreement, to mitigate or compensate for changed circumstances outside of their control. However, the East Foundation and the Service will collaborate to determine how to respond to address any potential loss of ocelots or ocelot habitat occurring due to changed or unforeseen circumstances in environmental conditions that may affect the ocelot reintroduction program. Revising ocelot release plans (e.g., not releasing additional ocelots during a drought or following a catastrophic event before habitat has recovered), habitat management for ocelots (e.g., providing supplement water or cover), veterinary care for impacted ocelots, or other activities under the control of the East Foundation may be warranted. Additionally, the East Foundation and the Service may determine that ocelots need to be captured and relocated from impacted areas. The East Foundation will collaborate with Participating Landowners to implement necessary responses following loss of ocelots or ocelot habitat on participating lands due to changed circumstances.

Changed circumstances may also include changes in planned energy exploration, development, or transmission projects that are conducted by owners of the subsurface estates of participating lands. Such third-party energy activities could impact ocelots or ocelot habitat on enrolled lands and may be outside the control of surface estate landowners participating in this Agreement Energy activities conducted by subsurface owners are not covered in this Agreement, and Participating Landowners are not responsible for third party energy activities.

The East Foundation has historically negotiated surface use agreements with energy operators to assure that any energy exploration, development, or transmission is compatible with cattle ranching and wildlife conservation on East Foundation lands. For example, East Foundation attempts to secure siting modifications for third party energy projects and/or concessions for any surface damage caused by energy activities. The East Foundation will continue to negotiate surface uses when possible. However, there may be circumstances in which the East Foundation or a Participating Landowner cannot control locations or methods of energy exploration, development, or transmission that may impact ocelots. While the East Foundation can commit to intervene in any energy activity planning process, neither the East Foundation nor Participating Landowners can guarantee that energy activity outside of their control will be designed to have the least possible impact to ocelots. Further, the East Foundation and Participating Landowners cannot anticipate all future circumstances associated with third-party energy exploration, development, and transmission.

The East Foundation and the Service will collaborate to determine how to address any potential loss of ocelots or ocelot habitat occurring due to changed circumstances in third party energy activities on participant lands. Before a known energy activity is implemented, the East Foundation and the Service will consult ocelot monitoring data and confer on whether freeranging ocelots in the reintroduction area may be either directly impacted by energy development through death/injury or may be indirectly impacted through loss of habitat being used for denning, for example. The East Foundation and the Service will determine how impacts can be avoided, minimized, or mitigated. This may require proactive removal and relocation of ocelots deemed likely to be impacted by an energy activity or it may require monitoring of ocelots that may be impacted to evaluate if veterinary care is necessary. Additionally, the East Foundation may alter the location or timing of ocelot releases to avoid potential impact from upcoming energy activities

Modification of the Agreement

Any party may propose modifications or amendments to this Agreement, as provided in 50 CFR 13.23, by providing written notice to, and obtaining the written concurrence of, the other Parties. Such notice shall include a statement of the proposed modification, the reason for it, and its expected results. The Parties will use their best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon the other Parties’ written concurrence.

Amendment of the Permit

The Permit may be amended to accommodate changes found to be needed through adaptive management in accordance with all applicable legal requirements, including but not limited to the Endangered Species Act, the National Environmental Policy Act, and the Service’s permit regulations at 50 CFR 13 and 50 CFR 17. The party proposing the amendment shall provide a statement describing the proposed amendment and the reasons for it. Amendments may include changes to the management actions (e.g., continued reintroductions of ocelots) in the original Agreement, especially if the net conservation benefit has been realized and a new ocelot population has successfully established. All renewals and amendments will be processed by the Service in accordance with regulations in place at the time of renewal or amendment.

Termination of the Agreement

As provided for in Part 8 of the Service’s Safe Harbor Agreement Policy (64 FR 32726, June 17, 1999), the Participating Property owner may terminate implementation of the Agreement’s voluntary management actions prior to the Agreement ’s expiration date, even if the expected benefits have not been realized. If the Agreement is terminated, the Participating Property owner is required to surrender the Enhancement of Survival Permit at termination, thus relinquishing his or her take authority and the assurances granted by the Permit. Prior to relinquishing the Permit, the Participating Property owner may take their property back to the baseline conditions described in this Agreement (see Baseline Determination). The Participating Property owner is required to give 30-days’ written notice of its intent to

terminate the Agreement and must give the East Foundation 90 days of property access to attempt to capture and relocate ocelots using appropriate permitted methods, if necessary.

Suspension or Revocation

The Service may suspend or revoke the Permit for cause in accordance with the laws and regulations in force at the time of such suspension or revocation (50 CFR 13.28(a)). The Service may also, as a last resort, revoke the Permit if continuation of permitted activities would likely result in jeopardy to the covered species (50 CFR 17.22/32(c)(7)). The Service will revoke because of jeopardy concerns only after first implementing all practicable measures to remedy the situation.

Remedies

Each party shall have all remedies otherwise available to enforce the terms of the Agreement and the Permit, except that no party shall be liable in damages for any breach of this Agreement, any performance or failure to perform an obligation under this Agreement or any other cause of action arising from this Agreement.

Dispute Resolution

The Parties agree to work together in good faith to resolve any disputes, using dispute resolution procedures agreed upon by all Parties.

Succession and Transfer

This Agreement shall be binding on and shall inure to the benefit of the Parties and their respective successors and transferees, (i.e., new owners) in accordance with applicable regulations (50 CFR 13.24 and 13.25). The rights and obligations under this Agreement shall run with the ownership of the enrolled property and are transferable to subsequent non-Federal Property Owners pursuant to 50 CFR 13.25. The Enhancement of Survival Permit issued to the Property Owner also will be extended to the new owner(s). As a party to the original Agreement and Permit, the new owner(s) will have the same rights and obligations with respect to the enrolled property as the original owner. The new owner(s) also will have the option of receiving Agreement assurances by signing a new Agreement and receiving a new Permit. The Property Owner shall notify the Service of any transfer of ownership, so that the Service can attempt to contact the new owner, explain the responsibilities applicable to the property, and seek to interest the new owner in signing the existing Agreement or a new one to benefit the specific species addressed in the Agreement. Assignment or transfer of the Permit shall be governed by Service regulations in force at the time.

No Third-Party Beneficiaries [Request that FWS review for any issues with non-participating landowners]

This Agreement does not create any new right or interest in any member of the public as a third-party beneficiary, nor shall it authorize anyone not a party to this Agreement to maintain a suit for personal injuries or damages pursuant to the provisions of this Agreement. The duties,

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obligations, and responsibilities of the Parties to this Agreement with respect to third parties shall remain as imposed under existing law.

11. SIGNATURES

IN WITNESS WHEREOF, THE PARTIES HERETO have, as of the last signature date below, executed this Safe Harbor Agreement to be in effect as of the date that the Service issues the Permit.

East Foundation Date

Deputy (or) Regional Director Date U.S. Fish and Wildlife Service

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